[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9823-H10030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT AND EXPLANATORY MATERIAL STATEMENT ON H.R. 2,
AGRICULTURE AND NUTRITION ACT OF 2018, SUBMITTED BY MR. CONAWAY,
CHAIRMAN OF THE HOUSE COMMITTEE ON AGRICULTURE
Conference Report (H. Rept. 115-1072)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate 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,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, 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. Definition of effective reference price.
Sec. 1102. Base acres.
Sec. 1103. Payment yields.
Sec. 1104. Payment acres.
Sec. 1105. Producer election.
Sec. 1106. Price loss coverage.
Sec. 1107. Agriculture risk coverage.
Sec. 1108. Repeal of transition assistance for producers of upland
cotton.
Subtitle B--Marketing Loans
Sec. 1201. Extensions.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Economic adjustment assistance for textile mills.
Sec. 1204. Special competitive provisions for extra long staple cotton.
Sec. 1205. Availability of recourse loans.
Subtitle C--Sugar
Sec. 1301. Sugar policy.
Subtitle D--Dairy Margin Coverage and Other Dairy Related Provisions
Sec. 1401. Dairy margin coverage.
Sec. 1402. Reauthorizations.
Sec. 1403. Class I skim milk price.
Sec. 1404. Dairy product donation.
Subtitle E--Supplemental Agricultural Disaster Assistance
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Noninsured Crop Assistance
Sec. 1601. Noninsured crop assistance program.
Subtitle G--Administration
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
Sec. 1703. Payment limitations.
Sec. 1704. Adjusted gross income limitations.
Sec. 1705. Farm Service Agency accountability.
Sec. 1706. Implementation.
Sec. 1707. Exemption from certain reporting requirements for certain
producers.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
Sec. 2101. Wetland conversion.
Sec. 2102. Wetland conservation.
Sec. 2103. Mitigation banking.
Subtitle B--Conservation Reserve Program
Sec. 2201. Conservation reserve.
Sec. 2202. Conservation reserve enhancement program.
Sec. 2203. Farmable wetland program.
Sec. 2204. Pilot programs.
Sec. 2205. Duties of owners and operators.
Sec. 2206. Duties of the Secretary.
Sec. 2207. Payments.
Sec. 2208. Contracts.
Sec. 2209. Eligible land; State law requirements.
Subtitle C--Environmental Quality Incentives Program and Conservation
Stewardship Program
Sec. 2301. Repeal of conservation programs.
Sec. 2302. Purposes of environmental quality incentives program.
Sec. 2303. Definitions under environmental quality incentives program.
Sec. 2304. Establishment and administration of environmental quality
incentives program.
Sec. 2305. Environmental quality incentives program plan.
Sec. 2306. Limitation on payments under environmental quality
incentives program.
Sec. 2307. Conservation innovation grants and payments.
Sec. 2308. Conservation stewardship program.
Sec. 2309. Grassland conservation initiative.
Subtitle D--Other Conservation Programs
Sec. 2401. Watershed protection and flood prevention.
Sec. 2402. Soil and water resources conservation.
Sec. 2403. Emergency conservation program.
Sec. 2404. Conservation of private grazing land.
Sec. 2405. Grassroots source water protection program.
Sec. 2406. Voluntary public access and habitat incentive program.
Sec. 2407. Wildlife management.
Sec. 2408. Feral swine eradication and control pilot program.
Sec. 2409. Report on small wetlands.
Sec. 2410. Sense of Congress relating to increased watershed-based
collaboration.
Subtitle E--Funding and Administration
Sec. 2501. Commodity Credit Corporation.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Temporary administration of conservation programs.
Subtitle F--Agricultural Conservation Easement Program
Sec. 2601. Establishment and purposes.
Sec. 2602. Definitions.
Sec. 2603. Agricultural land easements.
Sec. 2604. Wetland reserve easements.
Sec. 2605. Administration.
Subtitle G--Regional Conservation Partnership Program
Sec. 2701. Establishment and purposes.
Sec. 2702. Definitions.
Sec. 2703. Regional conservation partnerships.
Sec. 2704. Assistance to producers.
Sec. 2705. Funding.
Sec. 2706. Administration.
Sec. 2707. Critical conservation areas.
Subtitle H--Repeals and Technical Amendments
PART I--Repeals
Sec. 2811. Repeal of Conservation Corridor Demonstration Program.
Sec. 2812. Repeal of cranberry acreage reserve program.
Sec. 2813. Repeal of National Natural Resources Foundation.
Sec. 2814. Repeal of flood risk reduction.
Sec. 2815. Repeal of study of land use for expiring contracts and
extension of authority.
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Sec. 2816. Repeal of Integrated Farm Management Program Option.
Sec. 2817. Repeal of clarification of definition of agricultural lands.
PART II--Technical Amendments
Sec. 2821. Technical amendments.
Sec. 2822. State technical committees.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3101. Labeling requirements.
Sec. 3102. Food aid quality assurance.
Sec. 3103. Local sale and barter of commodities.
Sec. 3104. Minimum levels of assistance.
Sec. 3105. Food aid consultative group.
Sec. 3106. Issuance of regulations.
Sec. 3107. Oversight, monitoring, and evaluation.
Sec. 3108. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged
foods.
Sec. 3109. Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and
economy.
Sec. 3110. Allowance for distribution costs.
Sec. 3111. Prepositioning of agricultural commodities.
Sec. 3112. Annual report regarding food aid programs and activities.
Sec. 3113. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3114. Minimum level of nonemergency food assistance.
Sec. 3115. Termination date for micronutrient fortification programs.
Sec. 3116. John Ogonowski and Doug Bereuter Farmer-to-Farmer program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3201. Agricultural trade promotion and facilitation.
Subtitle C--Other Agricultural Trade Laws
Sec. 3301. Growing American Food Exports.
Sec. 3302. Food for Progress Act of 1985.
Sec. 3303. Bill Emerson Humanitarian Trust Act.
Sec. 3304. Promotion of agricultural exports to emerging markets.
Sec. 3305. Cochran fellowship program.
Sec. 3306. Borlaug International Agricultural Science and Technology
Fellowship program.
Sec. 3307. International Agricultural Education Fellowship program.
Sec. 3308. International food security technical assistance.
Sec. 3309. McGovern-Dole International Food for Education and Child
Nutrition program.
Sec. 3310. Global Crop Diversity Trust.
Sec. 3311. Local and regional food aid procurement projects.
Sec. 3312. Foreign trade missions.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Requirements for online acceptance of benefits.
Sec. 4002. Re-evaluation of thrifty food plan.
Sec. 4003. Food distribution program on Indian reservations.
Sec. 4004. Simplified homeless housing costs.
Sec. 4005. Employment and training for supplemental nutrition
assistance program.
Sec. 4006. Improvements to electronic benefit transfer system.
Sec. 4007. Review of supplemental nutrition assistance program
operations.
Sec. 4008. Retail incentives.
Sec. 4009. Required action on data match information.
Sec. 4010. Incentivizing technology modernization.
Sec. 4011. Interstate data matching to prevent multiple issuances.
Sec. 4012. Requirement of live-production environments for certain
pilot projects relating to cost sharing for
computerization.
Sec. 4013. Quality control improvements.
Sec. 4014. Evaluation of child support enforcement cooperation
requirements.
Sec. 4015. Longitudinal data for research.
Sec. 4016. Authorization of appropriations.
Sec. 4017. Assistance for community food projects.
Sec. 4018. Emergency food assistance program.
Sec. 4019. Nutrition education.
Sec. 4020. Retail food store and recipient trafficking.
Sec. 4021. Public-private partnerships.
Sec. 4022. Technical corrections.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects.
Sec. 4104. Food donation standards.
Subtitle C--Miscellaneous
Sec. 4201. Seniors farmers' market nutrition program.
Sec. 4202. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4203. Service of traditional foods in public facilities.
Sec. 4204. Healthy food financing initiative.
Sec. 4205. The Gus Schumacher nutrition incentive program.
Sec. 4206. Micro-grants for food security.
Sec. 4207. Buy American requirements.
Sec. 4208. Healthy fluid milk incentives projects.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience eligibility
requirement for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Limitations on amount of farm ownership loans.
Sec. 5104. Relending program to resolve ownership and succession on
farmland.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Sec. 5203. Cooperative lending pilot projects.
Subtitle C--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Sec. 5304. Use of additional funds for direct operating microloans
under certain conditions.
Sec. 5305. Equitable relief.
Sec. 5306. Socially disadvantaged farmers and ranchers; qualified
beginning farmers and ranchers.
Sec. 5307. Emergency loan eligibility.
Subtitle D--Miscellaneous
Sec. 5401. Technical corrections to the Consolidated Farm and Rural
Development Act.
Sec. 5402. State agricultural mediation programs.
Sec. 5403. Compensation of bank directors.
Sec. 5404. Sharing of privileged and confidential information.
Sec. 5405. Facility headquarters.
Sec. 5406. Removal and prohibition authority; industry-wide
prohibition.
Sec. 5407. Jurisdiction over institution-affiliated parties.
Sec. 5408. Definition of institution-affiliated party.
Sec. 5409. Prohibition on use of funds.
Sec. 5410. Expansion of acreage exception to loan amount limitation.
Sec. 5411. Repeal of obsolete provisions; technical corrections.
Sec. 5412. Corporation as conservator or receiver; certain other
powers.
Sec. 5413. Reporting.
Sec. 5414. Study on loan risk.
Sec. 5415. GAO report on ability of the Farm Credit System to meet the
agricultural credit needs of Indian tribes and their
members.
Sec. 5416. GAO report on credit service to socially disadvantaged
farmers and ranchers.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural America
Sec. 6101. Combating substance use disorder in rural America;
prioritizations.
Sec. 6102. Distance learning and telemedicine.
Sec. 6103. Refinancing of certain rural hospital debt.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Sec. 6201. Access to broadband telecommunications services in rural
areas.
Sec. 6202. Expansion of middle mile infrastructure into rural areas.
Sec. 6203. Modifications to the Rural Gigabit Program.
Sec. 6204. Community Connect Grant Program.
Sec. 6205. Outdated broadband systems.
Sec. 6206. Default and deobligation; deferral.
Sec. 6207. Public notice, assessments, and reporting requirements.
Sec. 6208. Environmental reviews.
Sec. 6209. Use of loan proceeds to refinance loans for deployment of
broadband service.
Sec. 6210. Smart utility authority for broadband.
Sec. 6211. Refinancing of telephone loans.
Sec. 6212. Federal broadband program coordination.
Sec. 6213. Transition rule.
Sec. 6214. Rural broadband integration working group.
Subtitle C--Miscellaneous
Sec. 6301. Exclusion of certain populations from definition of rural
area.
Sec. 6302. Establishment of technical assistance program.
Sec. 6303. Rural energy savings program.
Sec. 6304. Northern Border Regional Commission reauthorization.
Sec. 6305. Definition of rural area for purposes of the Housing Act of
1949.
Sec. 6306. Council on Rural Community Innovation and Economic
Development.
Subtitle D--Additional Amendments to the Consolidated Farm and Rural
Development Act
Sec. 6401. Strategic economic and community development.
Sec. 6402. Expanding access to credit for rural communities.
Sec. 6403. Water, waste disposal, and wastewater facility grants.
Sec. 6404. Rural water and wastewater technical assistance and training
programs.
Sec. 6405. Rural water and wastewater circuit rider program.
Sec. 6406. Tribal college and university essential community
facilities.
Sec. 6407. Emergency and imminent community water assistance grant
program.
Sec. 6408. Water systems for rural and native villages in Alaska.
Sec. 6409. Rural decentralized water systems.
Sec. 6410. Solid waste management grants.
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Sec. 6411. Rural business development grants.
Sec. 6412. Rural cooperative development grants.
Sec. 6413. Locally or regionally produced agricultural food products.
Sec. 6414. Appropriate technology transfer for rural areas program.
Sec. 6415. Rural economic area partnership zones.
Sec. 6416. Intemediary relending program.
Sec. 6417. Access to information to verify income for participants in
certain rural housing programs.
Sec. 6418. Providing for additional fees for guaranteed loans under the
Consolidated Farm and Rural Development Act.
Sec. 6419. Rural Business-Cooperative Service programs technical
assistance and training.
Sec. 6420. National Rural Development Partnership.
Sec. 6421. Grants for NOAA weather radio transmitters.
Sec. 6422. Rural microentrepreneur assistance program.
Sec. 6423. Health care services.
Sec. 6424. Rural innovation stronger economy grant program.
Sec. 6425. Delta Regional Authority.
Sec. 6426. Rural business investment program.
Sec. 6427. Rural business investment program.
Subtitle E--Additional Amendments to the Rural Electrification Act of
1936
Sec. 6501. Amendments to section 2 of the Rural Electrification Act of
1936.
Sec. 6502. Loans for telephone service.
Sec. 6503. Cushion of credit payments program.
Sec. 6504. Extension of the rural economic development loan and grant
program.
Sec. 6505. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6506. Expansion of 911 access.
Sec. 6507. Cybersecurity and grid security improvements.
Subtitle F--Program Repeals
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Subtitle G--Technical Corrections
Sec. 6701. Corrections relating to the Consolidated Farm and Rural
Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of
1936.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters related to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Specialty crop committee.
Sec. 7105. Renewable energy committee discontinued.
Sec. 7106. Veterinary services grant program.
Sec. 7107. Grants and fellowships for food and agriculture sciences
education.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Land-grant designation.
Sec. 7112. Nutrition education program.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Carryover of funds for extension at 1890 land-grant
colleges, including Tuskegee University.
Sec. 7115. Extension and agricultural research at 1890 land-grant
colleges, including Tuskegee University.
Sec. 7116. Reports on disbursement of funds for agricultural research
and extension at 1862 and 1890 land-grant colleges,
including Tuskegee University.
Sec. 7117. Scholarships for students at 1890 institutions.
Sec. 7118. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee
University.
Sec. 7119. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions.
Sec. 7120. New Beginning for Tribal Students.
Sec. 7121. Hispanic-serving institutions.
Sec. 7122. Binational agricultural research and development.
Sec. 7123. Partnerships to build capacity in international agricultural
research, extension, and teaching.
Sec. 7124. Competitive grants for international agricultural science
and education programs.
Sec. 7125. Limitation on indirect costs for agricultural research,
education, and extension programs.
Sec. 7126. Research equipment grants.
Sec. 7127. University research.
Sec. 7128. Extension service.
Sec. 7129. Supplemental and alternative crops; hemp.
Sec. 7130. New Era Rural Technology program.
Sec. 7131. Capacity building grants for NLGCA Institutions.
Sec. 7132. Agriculture advanced research and development authority
pilot.
Sec. 7133. Aquaculture assistance programs.
Sec. 7134. Rangeland research programs.
Sec. 7135. Special authorization for biosecurity planning and response.
Sec. 7136. Distance education and resident instruction grants program
for insular area institutions of higher education.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National strategic germplasm and cultivar collection
assessment and utilization plan.
Sec. 7206. National Genetics Resources Program.
Sec. 7207. National Agricultural Weather Information System.
Sec. 7208. Agricultural genome to phenome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Organic agriculture research and extension initiative.
Sec. 7211. Farm business management.
Sec. 7212. Urban, indoor, and other emerging agricultural production
research, education, and extension initiative.
Sec. 7213. Centers of excellence at 1890 Institutions.
Sec. 7214. Clarification of veteran eligibility for assistive
technology program for farmers with disabilities.
Sec. 7215. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. National food safety training, education, extension,
outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum or by Tilletia
indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D--Food, Conservation, and Energy Act of 2008
PART I--Agricultural Security
Sec. 7401. Agricultural biosecurity communication center.
Sec. 7402. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7403. Research and development of agricultural countermeasures.
Sec. 7404. Agricultural biosecurity grant program.
PART II--Miscellaneous
Sec. 7411. Grazinglands research laboratory.
Sec. 7412. Farm and Ranch Stress Assistance Network.
Sec. 7413. Natural products research program.
Sec. 7414. Sun grant program.
Subtitle E--Amendments to Other Laws
Sec. 7501. Critical Agricultural Materials Act.
Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7503. Research Facilities Act.
Sec. 7504. Agriculture and Food Research Initiative.
Sec. 7505. Extension design and demonstration initiative.
Sec. 7506. Repeal of review of agricultural research service.
Sec. 7507. Biomass research and development.
Sec. 7508. Reinstatement of matching requirement for Federal funds used
in extension work at the University of the District of
Columbia.
Sec. 7509. Renewable Resources Extension Act of 1978.
Sec. 7510. National Aquaculture Act of 1980.
Sec. 7511. Federal agriculture research facilities.
Subtitle F--Other Matters
Sec. 7601. Enhanced use lease authority program.
Sec. 7602. Transfer of administrative jurisdiction over portion of
Henry A. Wallace Beltsville Agricultural Research Center,
Beltsville, Maryland.
Sec. 7603. Foundation for food and agriculture research.
Sec. 7604. Assistance for forestry research under the McIntire-Stennis
Cooperative Forestry Act.
Sec. 7605. Legitimacy of industrial hemp research.
Sec. 7606. Collection of data relating to barley area planted and
harvested.
Sec. 7607. Collection of data relating to the size and location of
dairy farms.
Sec. 7608. Agriculture innovation center demonstration program.
Sec. 7609. Smith-Lever community extension program.
Sec. 7610. Mechanization and automation for specialty crops.
Sec. 7611. Experienced services program.
Sec. 7612. Simplified plan of work.
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Sec. 7613. Review of land-grant time and effort reporting requirements.
Sec. 7614. Matching funds requirement.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8101. Support for State assessments and strategies for forest
resources.
Sec. 8102. State and private forest landscape-scale restoration
program.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
Sec. 8201. Repeal of recycling research.
Sec. 8202. Repeal of forestry student grant program.
Subtitle C--Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals relating to biomass.
Subtitle D--Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction
on Federal land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect
infestations and related diseases.
Sec. 8407. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8408. Authorization of appropriations for designation of treatment
areas.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
Sec. 8501. Repeal of revision of strategic plan for forest inventory
and analysis.
Sec. 8502. Semiarid agroforestry research center.
Sec. 8503. National Forest Foundation Act.
Sec. 8504. Conveyance of Forest Service administrative sites.
Subtitle F--Forest Management
Sec. 8601. Definition of National Forest System.
PART I--Expedited Environmental Analysis and Availability of
Categorical Exclusions to Expedite Forest Management Activities
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer
habitat.
PART II--Miscellaneous Forest Management Activities
Sec. 8621. Additional authority for sale or exchange of small parcels
of National Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8626. Tennessee wilderness.
Sec. 8627. Kisatchie National Forest land conveyance.
Sec. 8628. Purchase of Natural Resources Conservation Service property,
Riverside County, California.
Sec. 8629. Collaborative Forest Landscape Restoration Program.
Sec. 8630. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8631. Okhissa Lake rural economic development land conveyance.
Sec. 8632. Remote sensing technologies.
PART III--Timber Innovation
Sec. 8641. Definitions.
Sec. 8642. Clarification of research and development program for wood
building construction.
Sec. 8643. Wood innovation grant program.
Sec. 8644. Community wood energy and wood innovation program.
Subtitle G--Other Matters
Sec. 8701. Rural revitalization technologies.
Sec. 8702. Resource Advisory Committees.
Sec. 8703. Tribal forest management demonstration project.
Sec. 8704. Technical corrections.
Sec. 8705. Streamlining the Forest Service process for consideration of
communications facility location applications.
Sec. 8706. Report on wildfire, insect infestation, and disease
prevention on Federal land.
Sec. 8707. West Fork Fire Station.
Sec. 8708. Competitive forestry, natural resources, and environmental
grants program.
TITLE IX--ENERGY
Sec. 9001. Definitions.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery assistance.
Sec. 9004. Repowering assistance program.
Sec. 9005. Bioenergy program for advanced biofuels.
Sec. 9006. Biodiesel fuel education program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Rural Energy Self-Sufficiency Initiative.
Sec. 9009. Feedstock flexibility.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Carbon utilization and biogas education program.
TITLE X--HORTICULTURE
Sec. 10101. Specialty crops market news allocation.
Sec. 10102. Local agriculture market program.
Sec. 10103. Organic production and market data initiatives.
Sec. 10104. Organic certification.
Sec. 10105. National organic certification cost-share program.
Sec. 10106. Food safety education initiatives.
Sec. 10107. Specialty crop block grants.
Sec. 10108. Amendments to the Plant Variety Protection Act.
Sec. 10109. Multiple crop and pesticide use survey.
Sec. 10110. Report on the arrival in the United States of forest pests
through restrictions on the importation of certain plants
for planting.
Sec. 10111. Report on plant biostimulants.
Sec. 10112. Clarification of use of funds for technical assistance.
Sec. 10113. Hemp production.
Sec. 10114. Interstate commerce.
Sec. 10115. FIFRA interagency working group.
Sec. 10116. Study on methyl bromide use in response to an emergency
event.
TITLE XI--CROP INSURANCE
Sec. 11101. Definitions.
Sec. 11102. Data collection.
Sec. 11103. Sharing of records.
Sec. 11104. Use of resources.
Sec. 11105. Specialty crops.
Sec. 11106. Insurance period.
Sec. 11107. Cover crops.
Sec. 11108. Underserved producers.
Sec. 11109. Treatment of forage and grazing.
Sec. 11110. Administrative basic fee.
Sec. 11111. Enterprise units.
Sec. 11112. Continued authority.
Sec. 11113. Submission of policies and materials to board.
Sec. 11114. Crop production on native sod.
Sec. 11115. Use of national agricultural statistics service data to
combat waste, fraud, and abuse.
Sec. 11116. Submission of information to corporation.
Sec. 11117. Continuing education for loss adjusters and agents.
Sec. 11118. Program administration.
Sec. 11119. Agricultural commodity.
Sec. 11120. Maintenance of policies.
Sec. 11121. Reimbursement of research, development, and maintenance
costs.
Sec. 11122. Research and development authority.
Sec. 11123. Funding for research and development.
Sec. 11124. Technical amendment to pilot programs.
Sec. 11125. Education and risk management assistance.
Sec. 11126. Repeal of cropland report annual updates.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Animal disease prevention and management.
Sec. 12102. Sheep production and marketing grant program.
Sec. 12103. Feasibility study on livestock dealer statutory trust.
Sec. 12104. Definition of livestock.
Sec. 12105. National Aquatic Animal Health Plan.
Sec. 12106. Veterinary training.
Sec. 12107. Report on FSIS guidance and outreach to small meat
processors.
Sec. 12108. Regional Cattle and Carcass Grading Correlation and
Training Centers.
Subtitle B--Agriculture and Food Defense
Sec. 12201. Repeal of Office of Homeland Security.
Sec. 12202. Office of Homeland Security.
Sec. 12203. Agriculture and food defense.
Sec. 12204. Biological agents and toxins list.
Sec. 12205. Authorization of appropriations.
Subtitle C--Historically Underserved Producers
Sec. 12301. Farming opportunities training and outreach.
Sec. 12302. Urban agriculture.
Sec. 12303. Tribal Advisory Committee.
Sec. 12304. Beginning farmer and rancher coordination.
Sec. 12305. Agricultural youth organization coordinator.
Sec. 12306. Availability of Department of Agriculture programs for
veteran farmers and ranchers.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental
Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 12406. Office of Partnerships and Public Engagement.
Sec. 12407. Under Secretary of Agriculture for Rural Development.
Sec. 12408. Administrator of the Rural Utilities Service.
Sec. 12409. Rural Health Liaison.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Appointment of national appeals division hearing officers.
Sec. 12413. Trade and foreign agricultural affairs.
Sec. 12414. Repeals.
Sec. 12415. Technical corrections.
Sec. 12416. Termination of authority.
Subtitle E--Other Miscellaneous Provisions
PART I--Miscellaneous Agriculture Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. Protecting animals with shelter.
Sec. 12503. Marketing orders.
[[Page H9827]]
Sec. 12504. Establishment of food loss and waste reduction liaison.
Sec. 12505. Report on business centers.
Sec. 12506. Report on personnel.
Sec. 12507. Report on absent landlords.
Sec. 12508. Century farms program.
Sec. 12509. Report on importation of live dogs.
Sec. 12510. Tribal Promise Zones.
Sec. 12511. Precision agriculture connectivity.
Sec. 12512. Improvements to United States Drought Monitor.
Sec. 12513. Dairy business innovation initiatives.
Sec. 12514. Report on funding for the National Institute of Food and
Agriculture and other extension programs.
Sec. 12515. Prohibition on slaughter of dogs and cats for human
consumption.
Sec. 12516. Labeling exemption for single ingredient foods and
products.
Sec. 12517. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 12518. Forest Service hire authority.
Sec. 12519. Conversion authority.
Sec. 12520. Authorization of protection operations for the Secretary of
Agriculture and others.
PART II--National Oilheat Research Alliance
Sec. 12531. National oilheat research alliance.
Subtitle F--General Provisions
Sec. 12601. Baiting of migratory game birds.
Sec. 12602. Pima agriculture cotton trust fund.
Sec. 12603. Agriculture wool apparel manufacturers trust fund.
Sec. 12604. Wool research and promotion.
Sec. 12605. Emergency Citrus Disease Research and Development Trust
Fund.
Sec. 12606. Extension of merchandise processing fees.
Sec. 12607. Reports on land access and farmland ownership data
collection.
Sec. 12608. Reauthorization of rural emergency medical services
training and equipment assistance program.
Sec. 12609. Commission on Farm Transitions--Needs for 2050.
Sec. 12610. Exceptions under United States Grain Standards Act.
Sec. 12611. Conference report requirement threshold.
Sec. 12612. National agriculture imagery program.
Sec. 12613. Report on inclusion of natural stone products in Commodity
Promotion, Research, and Information Act of 1996.
Sec. 12614. Establishment of food access liaison.
Sec. 12615. Eligibility for operators on heirs property land to obtain
a farm number.
Sec. 12616. Extending prohibition on animal fighting to the
territories.
Sec. 12617. Exemption of exportation of certain echinoderms from
permission and licensing requirements.
Sec. 12618. Data on conservation practices.
Sec. 12619. Conforming changes to Controlled Substances Act.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1101. DEFINITION OF EFFECTIVE REFERENCE PRICE.
Section 1111 of the Agricultural Act of 2014 (7 U.S.C.
9011) is amended--
(1) by redesignating paragraphs (8) through (25) as
paragraphs (9) through (26), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Effective reference price.--The term `effective
reference price', with respect to a covered commodity for a
crop year, means the lesser of the following:
``(A) An amount equal to 115 percent of the reference price
for such covered commodity.
``(B) An amount equal to the greater of--
``(i) the reference price for such covered commodity; or
``(ii) 85 percent of the average of the marketing year
average price of the covered commodity for the most recent 5
crop years, excluding each of the crop years with the highest
and lowest marketing year average price.''.
SEC. 1102. BASE ACRES.
(a) Technical Corrections.--Section 1112(c)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by
striking subparagraph (A) and inserting the following:
``(A) Any acreage on the farm enrolled in--
``(i) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or
``(ii) a wetland reserve easement under section 1265C of
the Food Security Act of 1985 (16 U.S.C. 3865c).''.
(b) Reduction in Base Acres.--Section 1112(d) of the
Agricultural Act of 2014 (7 U.S.C. 9012(d)) is amended by
adding at the end the following:
``(3) Treatment of base acres on farms entirely planted to
grass or pasture.--
``(A) In general.--In the case of a farm on which all of
the cropland was planted to grass or pasture (including
cropland that was idle or fallow), as determined by the
Secretary, during the period beginning on January 1, 2009,
and ending on December 31, 2017, the Secretary shall maintain
all base acres and payment yields for the covered commodities
on the farm, except that no payment shall be made with
respect to those base acres under section 1116 or 1117 for
the 2019 through 2023 crop years.
``(B) Ineligibility.--The producers on a farm for which all
of the base acres are maintained under subparagraph (A) shall
be ineligible for the option to change the election
applicable to the producers on the farm under section
1115(h).
``(4) Prohibition on reconstitution of farm.--The Secretary
shall ensure that producers on a farm do not reconstitute the
farm to void or change the treatment of base acres under this
section.''.
SEC. 1103. PAYMENT YIELDS.
(a) Treatment of Designated Oilseeds.--Section 1113(b) of
the Agricultural Act of 2014 (7 U.S.C. 9013(b)) is amended--
(1) in paragraph (1), by striking ``designated oilseeds''
and inserting ``oilseeds designated before the date of
enactment of the Agriculture Improvement Act of 2018'';
(2) in paragraphs (2) and (3), by striking ``a designated
oilseed'' each place it appears and inserting ``an oilseed
designated before the date of enactment of the Agriculture
Improvement Act of 2018''; and
(3) by adding at the end the following:
``(4) Treatment of oilseeds designated after certain
date.--In the case of oilseeds designated on or after the
date of enactment of the Agriculture Improvement Act of 2018,
the payment yield shall be equal to 90 percent of the average
of the yield per planted acre for the most recent 5 crop
years, as determined by the Secretary, excluding any crop
year in which the acreage planted to the covered commodity
was zero.''.
(b) Single Opportunity to Update Yields.--Section 1113 of
the Agricultural Act of 2014 (7 U.S.C. 9013) is amended by
striking subsection (d) and inserting the following:
``(d) Single Opportunity to Update Yields.--
``(1) Election to update.--At the sole discretion of the
owner of a farm, the owner of a farm shall have a 1-time
opportunity to update, on a covered-commodity-by-covered-
commodity basis, the payment yield that would otherwise be
used in calculating any price loss coverage payment for each
covered commodity on the farm for which the election is made.
``(2) Method of updating yields for covered commodities.--
If the owner of a farm elects to update yields under
paragraph (1), the payment yield for a covered commodity on
the farm, for the purpose of calculating price loss coverage
payments only, shall be equal to the product obtained by
multiplying--
``(A) 90 percent;
``(B) the average of the yield per planted acre for the
crop of covered commodities on the farm for the 2013 through
2017 crop years, as determined by the Secretary, excluding
any crop year in which the acreage planted to the covered
commodity was zero; and
``(C) subject to paragraph (3), the ratio obtained by
dividing--
``(i) the average of the 2008 through 2012 national average
yield per planted acre for the covered commodity, as
determined by the Secretary; by
``(ii) the average of the 2013 through 2017 national
average yield per planted acre for the covered commodity, as
determined by the Secretary.
``(3) Limitation.--In no case shall the ratio obtained
under paragraph (2)(C) be less than 90 percent or greater
than 100 percent.
``(4) Use of county average yield.--For the purposes of
determining the average yield per planted acre under
paragraph (2)(B), if the yield per planted acre for a crop of
a covered commodity for a farm for any of the crop years
described in that subparagraph was less than 75 percent of
the average of county yields for those crop years for that
commodity, the Secretary shall assign a yield for that crop
year equal to 75 percent of the average of the 2013 through
2017 county yield for the covered commodity.
``(5) Upland cotton conversion.--In the case of seed
cotton, for purposes of determining the average of the yield
per planted acre under this subsection, the average yield for
seed cotton per planted acre shall be equal to 2.4 times the
average yield for upland cotton per planted acre.
``(6) Time for election.--An election under this subsection
shall be made at a time and manner so as to be in effect
beginning with the 2020 crop year, as determined by the
Secretary.''.
SEC. 1104. PAYMENT ACRES.
Section 1114 of the Agricultural Act of 2014 (7 U.S.C.
9014) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by inserting ``, unless the sum of
the base acres on the farm, when combined with the base acres
of other farms in which the producer has an interest, is more
than 10 acres'' before the period at the end; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) a beginning farmer or rancher (as defined in
subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)); or
``(D) a veteran farmer or rancher (as defined in subsection
(a) of section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279)).''; and
(2) in subsection (e), by adding at the end the following:
``(5) Effect of reduction.--For each crop year for which
fruits, vegetables (other than mung beans and pulse crops),
or wild rice are planted to base acres on a farm for which a
reduction in payment acres is made under this subsection, the
Secretary shall consider such base acres to be planted, or
prevented from being planted, to a covered commodity for
purposes of any adjustment or reduction of base acres for the
farm under section 1112.''.
[[Page H9828]]
SEC. 1105. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C.
9015) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Except as provided in subsection (g), for
the 2014 through 2018 crop years'' and inserting ``For the
2014 through 2018 crop years (except as provided in
subsection (g)) and for the 2019 through 2023 crop years
(subject to subsection (h))'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (a), the producers on a farm
that elect under paragraph (2) of such subsection to obtain
agriculture risk coverage under section 1117'' and inserting
``subsection (a) or (h), as applicable, the producers on a
farm that elect to obtain agriculture risk coverage'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting
``or the 2019 crop year, as applicable'' after ``2014 crop
year'';
(B) in paragraph (1), by inserting ``or the 2019 crop year,
as applicable,'' after ``2014 crop year''; and
(C) by striking paragraph (2) and inserting the following:
``(2) subject to subsection (h), the producers on the farm
shall be deemed to have elected, as applicable--
``(A) price loss coverage for all covered commodities on
the farm for the 2015 through 2018 crop years; and
``(B) the same coverage for each covered commodity on the
farm for the 2020 through 2023 crop years as was applicable
for the 2015 through 2018 crop years.'';
(4) in subsection (g)(1), by inserting ``for the 2018 crop
year,'' before ``all of the producers''; and
(5) by adding at the end the following:
``(h) Option to Change Election.--
``(1) In general.--For the 2021 crop year and each crop
year thereafter, all of the producers on a farm may change
the election under subsection (a), subsection (c), or this
subsection, as applicable, to price loss coverage or
agriculture risk coverage, as applicable.
``(2) Applicability.--An election change under paragraph
(1) shall apply to--
``(A) the crop year for which the election change is made;
and
``(B) each crop year thereafter until another election
change is made under that paragraph.''.
SEC. 1106. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C.
9016) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) by inserting ``or (h)'' after ``subsection (a)''; and
(ii) by striking ``determines that, for any of the 2014
through 2018 crop years--'' and inserting ``determines that--
``(1) for any of the 2014 through 2018 crop years--'';
(C) in paragraph (1)(B) (as so redesignated), by striking
the period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(2) for any of the 2019 through 2023 crop years--
``(A) the effective price for the covered commodity for the
crop year; is less than
``(B) the effective reference price for the covered
commodity for the crop year.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as clauses (i)
and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``The payment rate'' and inserting
the following:
``(1) In general.--
``(A) 2014 through 2018 crop years.--For the 2014 through
2018 crop years, the payment rate'';
(C) in paragraph (1) (as so designated), by adding at the
end the following:
``(B) 2019 through 2023 crop years.--For the 2019 through
2023 crop years, the payment rate shall be equal to the
difference between--
``(i) the effective reference price for the covered
commodity; and
``(ii) the effective price determined under subsection (b)
for the covered commodity.''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1).
``(3) Insufficient data.--In the case of a covered
commodity, such as temperate japonica rice, for which the
Secretary cannot determine the payment rate for the most
recent 12-month marketing year by the date described in
paragraph (2) due to insufficient reporting of timely pricing
data by 1 or more nongovernmental entities, including a
marketing cooperative for the covered commodity, the
Secretary shall publish the payment rate as soon as
practicable after the marketing year data are made
available.''; and
(3) by striking subsection (g) and inserting the following:
``(g) Reference Price for Temperate Japonica Rice.--In
order to reflect price premiums, the Secretary shall provide
a reference price with respect to temperate japonica rice in
an amount equal to the amount established under subparagraph
(F) of section 1111(19), as adjusted by paragraph (8) of such
section, multiplied by the ratio obtained by dividing--
``(1) the simple average of the marketing year average
price of medium grain rice from the 2012 through 2016 crop
years; by
``(2) the simple average of the marketing year average
price of all rice from the 2012 through 2016 crop years.''.
SEC. 1107. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C.
9017) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by inserting ``(beginning with the 2019 crop year,
based on the physical location of the farm)'' after
``payments''; and
(B) by inserting ``or the 2019 through 2023 crop years, as
applicable'' after ``2014 through 2018 crop years'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)''; and
(ii) in subparagraph (B), by striking ``(5)'' and inserting
``(6)'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking ``(5)'' and
inserting ``(6)''; and
(ii) in subparagraph (C), by striking ``2018'' and
inserting ``2023'';
(C) in paragraph (4)--
(i) by striking ``If'' and inserting the following:
``(A) 2014 through 2018 crop years.--Effective for the 2014
through 2018 crop years, if''; and
(ii) by adding at the end the following:
``(B) 2019 through 2023 crop years.--Effective for the 2019
through 2023 crop years, if the yield per planted acre for
the covered commodity or historical county yield per planted
acre for the covered commodity for any of the 5 most recent
crop years, as determined by the Secretary, is less than 80
percent of the transitional yield, as determined by the
Secretary, the amounts used for any of those years in
paragraph (2)(A) or (3)(A)(i) shall be 80 percent of the
transitional yield.'';
(D) by redesignating paragraph (5) as paragraph (6);
(E) by inserting after paragraph (4) the following:
``(5) Trend-adjusted yield.--The Secretary shall calculate
and use a trend-adjusted yield factor to adjust the yield
determined under paragraph (2)(A) and subsection (b)(1)(A),
taking into consideration, but not exceeding, the trend-
adjusted yield factor that is used to increase yield history
under the endorsement under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for that crop and county.''; and
(F) in paragraph (6) (as so redesignated)--
(i) by striking ``Reference price.--If the national average
market price'' and inserting the following: ``Low national
average market price.--
``(A) Reference price.--For the 2014 through 2018 crop
years, if the national average market price''; and
(ii) by adding at the end the following:
``(B) Effective reference price.--For the 2019 through 2023
crop years, if the national average market price received by
producers during the 12-month marketing year for any of the 5
most recent crop years is lower than the effective reference
price for the covered commodity, the Secretary shall use the
effective reference price for any of those years for the
amounts in paragraph (2)(B) or (3)(A)(ii).'';
(3) in subsection (d)--
(A) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and inserting the
following:
``(1) In general.--The payment''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1) for each county.'';
(4) in subsection (e), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023'';
(5) in subsection (g)--
(A) in paragraph (2), by striking ``to the maximum extent
practicable,'';
(B) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``effective for the 2014 through 2018 crop years,'' before
``in the case of''; and
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(5) effective for the 2019 through 2023 crop years, in
the case of county coverage, assign an actual or benchmark
county yield for each planted acre for the crop year for the
covered commodity--
``(A) for a county for which county data collected by the
Risk Management Agency are sufficient for the Secretary to
offer a county-wide insurance product, using the actual
average county yield determined by the Risk Management
Agency; or
``(B) for a county not described in subparagraph (A),
using--
``(i) other sources of yield information, as determined by
the Secretary; or
``(ii) the yield history of representative farms in the
State, region, or crop reporting district, as determined by
the Secretary.''; and
(6) by adding at the end the following:
``(h) Publications.--
``(1) County guarantee.--
``(A) In general.--For each crop year for a covered
commodity, the Secretary shall publish information
describing, for that crop year for the covered commodity in
each county--
[[Page H9829]]
``(i) the agriculture risk coverage guarantee for county
coverage determined under subsection (c)(1);
``(ii) the average historical county yield determined under
subsection (c)(2)(A); and
``(iii) the national average market price determined under
subsection (c)(2)(B).
``(B) Timing.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), not later than 30 days after the end of each
applicable 12-month marketing year, the Secretary shall
publish the information described in subparagraph (A).
``(ii) Insufficient data.--In the case of a covered
commodity, such as temperate japonica rice, for which the
Secretary cannot determine the national average market price
for the most recent 12-month marketing year by the date
described in clause (i) due to insufficient reporting of
timely pricing data by 1 or more nongovernmental entities,
including a marketing cooperative for the covered commodity,
as soon as practicable after the pricing data are made
available, the Secretary shall publish information
describing--
``(I) the agriculture risk coverage guarantee under
subparagraph (A)(i); and
``(II) the national average market price under subparagraph
(A)(iii).
``(iii) Transition.--Not later than 60 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall publish the information described in clauses
(i) and (ii) of subparagraph (A) for the 2018 crop year.
``(2) Actual average county yield.--As soon as practicable
after each crop year, the Secretary shall determine and
publish each actual average county yield for each covered
commodity, as determined under subsection (b)(1)(A).
``(3) Data sources for county yields.--For the 2018 crop
year and each crop year thereafter, the Secretary shall make
publicly available information describing, for the most
recent crop year--
``(A) the sources of data used to calculate county yields
under subsection (c)(2)(A) for each covered commodity--
``(i) by county; and
``(ii) nationally; and
``(B) the number and outcome of occurrences in which the
Farm Service Agency reviewed, changed, or determined not to
change a source of data used to calculate county yields under
subsection (c)(2)(A).
``(i) Administrative Units.--
``(1) In general.--For purposes of agriculture risk
coverage payments in the case of county coverage, a county
may be divided into not greater than 2 administrative units
in accordance with this subsection.
``(2) Eligible counties.--A county that may be divided into
administrative units under this subsection is a county that--
``(A) is larger than 1,400 square miles; and
``(B) contains more than 190,000 base acres.
``(3) Elections.--Before making any agriculture risk
coverage payments for the 2019 crop year, the Farm Service
Agency State committee, in consultation with the Farm Service
Agency county or area committee of a county described in
paragraph (2), may make a 1-time election to divide the
county into administrative units under this subsection along
a boundary that better reflects differences in weather
patterns, soil types, or other factors.
``(4) Limitation.--The Secretary shall--
``(A) limit the number of counties that may be divided into
administrative units under paragraph (3) to 25 counties; and
``(B) give preference to the division of counties that have
greater variation in climate, soils, and expected
productivity between the proposed administrative units.
``(5) Administration.--For purposes of providing
agriculture risk coverage payments in the case of county
coverage, the Secretary shall consider an administrative unit
elected under paragraph (3) to be a county for the 2019
through 2023 crop years.''.
SEC. 1108. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF
UPLAND COTTON.
Section 1119 of the Agricultural Act of 2014 (7 U.S.C.
9019) is repealed.
Subtitle B--Marketing Loans
SEC. 1201. EXTENSIONS.
(a) In General.--Section 1201(b)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking ``2018''
and inserting ``2023''.
(b) Repayment.--Section 1204 of the Agricultural Act of
2014 (7 U.S.C. 9034) is amended--
(1) in subsection (e)(2)(B), in the matter preceding clause
(i), by striking ``2019''and inserting ``2024''; and
(2) in subsection (g), by striking ``2018'' and inserting
``2023''.
(c) Loan Deficiency Payments.--
(1) Extension.--Section 1205(a)(2)(B) of the Agricultural
Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking
``2018'' and inserting ``2023''.
(2) Payments in lieu of ldps.--Section 1206 of the
Agricultural Act of 2014 (7 U.S.C. 9036) is amended in
subsections (a) and (d) by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE
LOANS.
(a) In General.--Section 1202 of the Agricultural Act of
2014 (7 U.S.C. 9032) is amended--
(1) in subsection (a), by striking the subsection heading
and inserting ``2014 through 2018 crop years'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) 2019 Through 2023 Crop Years.--For purposes of each
of the 2019 through 2023 crop years, the loan rate for a
marketing assistance loan under section 1201 for a loan
commodity shall be equal to the following:
``(1) In the case of wheat, $3.38 per bushel.
``(2) In the case of corn, $2.20 per bushel.
``(3) In the case of grain sorghum, $2.20 per bushel.
``(4) In the case of barley, $2.50 per bushel.
``(5) In the case of oats, $2.00 per bushel.
``(6)(A) Subject to subparagraphs (B) and (C), in the case
of base quality of upland cotton, the simple average of the
adjusted prevailing world price for the 2 immediately
preceding marketing years, as determined by the Secretary and
announced October 1 preceding the next domestic planting.
``(B) Except as provided in subparagraph (C), the loan rate
determined under subparagraph (A) may not equal less than an
amount equal to 98 percent of the loan rate for base quality
of upland cotton for the preceding year.
``(C) The loan rate determined under subparagraph (A) may
not be equal to an amount--
``(i) less than $0.45 per pound; or
``(ii) more than $0.52 per pound.
``(7) In the case of extra long staple cotton, $0.95 per
pound.
``(8) In the case of long grain rice, $7.00 per
hundredweight.
``(9) In the case of medium grain rice, $7.00 per
hundredweight.
``(10) In the case of soybeans, $6.20 per bushel.
``(11) In the case of other oilseeds, $10.09 per
hundredweight for each of the following kinds of oilseeds:
``(A) Sunflower seed.
``(B) Rapeseed.
``(C) Canola.
``(D) Safflower.
``(E) Flaxseed.
``(F) Mustard seed.
``(G) Crambe.
``(H) Sesame seed.
``(I) Other oilseeds designated by the Secretary.
``(12) In the case of dry peas, $6.15 per hundredweight.
``(13) In the case of lentils, $13.00 per hundredweight.
``(14) In the case of small chickpeas, $10.00 per
hundredweight.
``(15) In the case of large chickpeas, $14.00 per
hundredweight.
``(16) In the case of graded wool, $1.15 per pound.
``(17) In the case of nongraded wool, $0.40 per pound.
``(18) In the case of mohair, $4.20 per pound.
``(19) In the case of honey, $0.69 per pound.
``(20) In the case of peanuts, $355 per ton.''; and
(4) in subsection (c) (as so redesignated), by striking
``subsection (a)(11)'' and inserting ``subsections (a)(11)
and (b)(11)''.
(b) Conforming Amendment.--Section 1204(h)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9034(h)(1)) is amended by
striking ``section 1202(a)(20)'' and inserting ``subsection
(a)(20) or (b)(20), as applicable, of section 1202''.
SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS.
(a) 2008 Authority.--Section 1207 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8737) is
amended by striking subsection (c).
(b) 2014 Authority.--Section 1207(c) of the Agricultural
Act of 2014 (7 U.S.C. 9037(c)) is amended by striking the
subsection heading and inserting ``Economic Adjustment
Assistance for Textile Mills''.
SEC. 1204. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG
STAPLE COTTON.
(a) In General.--Section 1208(a) of the Agricultural Act of
2014 (7 U.S.C. 9038(a)) is amended in the matter preceding
paragraph (1) by striking ``2019'' and inserting ``2024''.
(b) Payments Under Program; Trigger.--Section 1208(b)(2) of
the Agricultural Act of 2014 (7 U.S.C. 9038(b)(2)) is amended
by striking ``134 percent'' and inserting ``113 percent''.
SEC. 1205. AVAILABILITY OF RECOURSE LOANS.
(a) In General.--Section 1209 of the Agricultural Act of
2014 (7 U.S.C. 9039) is amended in subsections (a)(2) and (b)
by striking ``2018'' each place it appears and inserting
``2023''.
(b) Recourse Loans Available for Contaminated
Commodities.--Section 1209 of the Agricultural Act of 2014 (7
U.S.C. 9039) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Contaminated
Commodities.--In the case of a loan commodity that is
ineligible for 100 percent of the nonrecourse marketing loan
rate in the county due to a determination that the commodity
is contaminated yet still merchantable, for each of the 2019
through 2023 crops of such loan commodity, the Secretary
shall make available recourse commodity loans, at the rate
provided under section 1202, on any production.''.
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Sugar Program.--
(1) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) 19.75 cents per pound for raw cane sugar for each of
the 2019 through 2023 crop years.''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
[[Page H9830]]
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2018'' and inserting
``2023''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1))
is amended by striking ``2018'' and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Dairy Margin Coverage and Other Dairy Related Provisions
SEC. 1401. DAIRY MARGIN COVERAGE.
(a) Review of Data Used in Calculation of Average Feed
Cost.--Not later than 60 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report evaluating the extent to which the average cost of
feed used by a dairy operation to produce a hundredweight of
milk calculated by the Secretary as required by section
1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is
representative of actual dairy feed costs.
(b) Corn Silage Report.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report detailing the costs
incurred by dairy operations in the use of corn silage as
feed, and the difference between the feed cost of corn silage
and the feed cost of corn.
(c) Collection of Alfalfa Hay Data.--Not later than 120
days after the date of the enactment of this Act, the
Secretary, acting through the National Agricultural
Statistics Service, shall revise monthly price survey reports
to include prices for high-quality alfalfa hay in the top
five milk producing States, as measured by volume of milk
produced during the previous month.
(d) Registration of Multiproducer Dairy Operations.--
Section 1404(b) of the Agricultural Act of 2014 (7 U.S.C.
9054(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by striking paragraph (3) and inserting the following:
``(3) Election period for 2019 calendar year.--For the 2019
calendar year, the Secretary shall--
``(A) open the election period not later than 60 days after
the effective date described in section 1401(m) of the
Agriculture Improvement Act of 2018; and
``(B) hold that election period open for not less than 90
days.
``(4) Treatment of multiproducer dairy operation.--
``(A) In general.--If a participating dairy operation is
operated by more than 1 dairy producer, the dairy producers
of the dairy operation who elect to participate shall be
treated as a single dairy operation for purposes of
participating in dairy margin coverage.
``(B) Rule of construction.--Subparagraph (A) shall not be
construed to allow a producer to adjust the proportion of
their share covered under tier I or tier II premiums from the
proportion covered for the operation.''.
(e) Relation to Livestock Gross Margin for Dairy Program.--
(1) In general.--Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended by striking subsection (d).
(2) Retroactive program option.--Section 1404(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Retroactive program option.--In the case of a dairy
operation that, by operation of subsection (d) (as in effect
on the day before the date of enactment of the Agriculture
Improvement Act of 2018), was ineligible to participate in
the margin protection program for any part of calendar year
2018, the Secretary shall establish a new election period for
that calendar year that ends on a date that is not less than
90 days after the date of enactment of the Agriculture
Improvement Act of 2018 and the Secretary determines is
necessary for dairy operations to make new elections to
participate in the margin protection program (as in effect on
the day before the date of enactment of the Agriculture
Improvement Act of 2018) for that calendar year, including
dairy operations that elected to participate in the livestock
gross margin for dairy program under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) before the date of
enactment of the Bipartisan Budget Act of 2018 (Public Law
115-123).''.
(f) Production History of Participating Dairy Operators.--
(1) Adjustment.--Section 1405 of the Agricultural Act of
2014 (7 U.S.C. 9055) is amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``In subsequent years''
and inserting ``In the subsequent calendar years ending
before January 1, 2019''; and
(ii) in paragraph (3), by inserting ``, as applicable''
after ``paragraph (2)''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``In the case'' and inserting the
following:
``(1) Dairy operations with less than 1 year of production
history.--In the case''; and
(iii) by adding at the end the following:
``(2) Dairy operations with 1 year or more of production
history.--In the case of a participating dairy operation that
was not in operation prior to January 1, 2014, that has not
established a production history, and that has been in
operation for equal to or longer than 1 year, the
participating dairy operation shall elect the annual milk
marketings during any 1 calendar year to determine the
production history of the participating dairy operation.
``(3) Adjustment.--The Secretary shall adjust the
production history of a participating dairy operation
determined under paragraph (1) or (2) to reflect any increase
or decrease in the national average milk production relative
to calendar year 2017.''.
(2) Limitation on changes to business structure.--Section
1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is
amended by adding at the end the following new subsection:
``(d) Limitation on Changes to Business Structure.--The
Secretary may not make dairy margin coverage payments to a
participating dairy operation if the Secretary determines
that the participating dairy operation has reorganized the
structure of such operation solely for the purpose of
qualifying as a new operation under subsection (b).''.
(g) Coverage Level Threshold and Coverage Percentage.--
Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056)
is amended by striking subsection (a) and inserting the
following:
``(a) Coverage Level Threshold and Coverage Percentage.--
``(1) Coverage level threshold.--
``(A) In general.--For purposes of receiving dairy margin
coverage payments for a month, a participating dairy
operation shall annually elect a coverage level threshold
that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50,
$7.00, $7.50, $8.00, $8.50, $9.00, or $9.50.
``(B) Applicability.--Except as provided in subparagraph
(C), the coverage level threshold elected under subparagraph
(A) shall apply to the covered production elected by the
participating dairy operation under paragraph (2).
``(C) Second coverage election for tier ii.--In the case of
a participating dairy operation that elects a coverage level
threshold of $8.50, $9.00, or $9.50 under subparagraph (A)--
``(i) that coverage level threshold shall apply to the
first 5,000,000 pounds of milk marketings included in the
covered production elected by the participating dairy
operation; and
``(ii) the participating dairy operation shall elect a
coverage level threshold that is equal to $4.00, $4.50,
$5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to apply
to milk marketings in excess of 5,000,000 pounds included in
the covered production elected by the participating dairy
operation.
``(2) Coverage percentage.--For purposes of receiving dairy
margin coverage payments for a month, a participating dairy
operation shall annually elect a percentage of coverage, in
5-percent increments, not exceeding 95 percent of the
production history of the participating dairy operation.''.
(h) Producer Premiums.--Section 1407 of the Agricultural
Act of 2014 (7 U.S.C. 9057) is amended--
(1) in subsection (b), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Producer premiums.--Except as provided in subsection
(g), the following annual premiums apply:
------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.0025
$5.00 $0.005
$5.50 $0.030
$6.00 $0.050
$6.50 $0.070
$7.00 $0.080
$7.50 $0.090
$8.00 $0.100
$8.50 $0.105
$9.00 $0.110
$9.50 $0.150''; and
------------------------------------------------------------------------
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Producer premiums.--Except as provided in subsection
(g), the following annual premiums apply:
------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.0025
$5.00 $0.005
$5.50 $0.100
$6.00 $0.310
$6.50 $0.650
$7.00 $1.107
$7.50 $1.413
$8.00 $1.813''.
------------------------------------------------------------------------
(i) Repayment of Premiums.--Section 1407 of the
Agricultural Act of 2014 (7 U.S.C. 9057) is amended by adding
at the end the following:
``(f) Repayment of Premiums.--
``(1) In general.--Each dairy operation described in
paragraph (2) shall be eligible to receive a repayment from
the Secretary in an amount equal to the difference between--
``(A) the total amount of premiums paid by the
participating dairy operation under this section for each
applicable calendar year; and
``(B) the total amount of payments made to the
participating dairy operation under section 1406 for that
calendar year.
``(2) Eligibility.--A dairy operation that is eligible to
receive a repayment under paragraph (1) is a dairy operation
that--
``(A) participated in the margin protection program, as in
effect for any of calendar years 2014 through 2017; and
[[Page H9831]]
``(B) submits to the Secretary an application for the
repayment at such time, in such manner, and containing such
information as the Secretary may require.
``(3) Method of repayment.--A dairy operation that is
eligible to receive a repayment under paragraph (1) shall
elect to receive the repayment--
``(A) in an amount equal to 75 percent of the repayment
calculated under that paragraph as credit that may be used by
the dairy operation for dairy margin coverage premiums; or
``(B) in an amount equal to 50 percent of the repayment
calculated under that paragraph as a direct cash repayment.
``(4) Applicability.--Paragraph (1) shall only apply to a
calendar year during the period of calendar years 2014
through 2017 for which the amount described in subparagraph
(A) of that paragraph is greater than the amount described in
subparagraph (B) of that paragraph.''.
(j) Premium Discount.--Section 1407 of the Agricultural Act
of 2014 (7 U.S.C. 9057) (as amended by subsection (i)) is
amended by adding at the end the following:
``(g) Premium Discount.--The premium per hundredweight
specified in the tables contained in subsections (b) and (c)
for each coverage level shall be reduced by 25 percent in
accordance with the following:
``(1) In general.--For each of calendar years 2019 through
2023, for a participating dairy operation that makes a 1-time
election of coverage level in a tier and of a percentage of
coverage under section 1406(a) for the 5-year period
beginning in January 2019.
``(2) New dairy operations.--For each applicable calendar
year through 2023, for a participating dairy operation that--
``(A) establishes a production history pursuant to section
1405(b); and
``(B) makes a 1-time election of coverage level in a tier
and of a percentage of coverage under section 1406(a) for the
period beginning with the first available calendar year and
ending in December 2023.
``(3) Full participation required.--Notwithstanding the
annual elections under section 1406(a)--
``(A) a 1-time enrollment under this subsection shall
remain in effect for the full duration applicable to a
participating dairy operation in accordance with paragraph
(1) or (2)(B), as applicable; and
``(B) a participating dairy operation that makes a 1-time
enrollment under this subsection and is noncompliant under
section 1408 shall be subject to that section.''.
(k) Conforming Amendments Related to Program Name.--
(1) Heading.--The heading of part I of subtitle D of title
I of the Agricultural Act of 2014 (Public Law 113-79; 128
Stat. 688) is amended to read as follows:
``PART I--DAIRY MARGIN COVERAGE''.
(2) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(A) by striking paragraphs (5) and (6) and inserting the
following new paragraphs:
``(5) Dairy margin coverage.--The term `dairy margin
coverage' means the dairy margin coverage program required by
section 1403.
``(6) Dairy margin coverage payment.--The term `dairy
margin coverage payment' means a payment made to a
participating dairy operation under dairy margin coverage
pursuant to section 1406.''; and
(B) in paragraphs (7) and (8), by striking ``the margin
protection program'' both places it appears and inserting
``dairy margin coverage''.
(3) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ``the margin protection program'' and
inserting ``dairy margin coverage''.
(4) Program operation.--Section 1403 of the Agricultural
Act of 2014 (7 U.S.C. 9053) is amended--
(A) by striking the section heading and inserting ``dairy
margin coverage'';
(B) by striking ``Not later than September 1, 2014, the
Secretary shall establish and administer a margin protection
program'' and inserting the following:
``(a) In General.--The Secretary shall continue to
administer a dairy margin coverage program'';
(C) in subsection (a) (as so designated), by striking
``margin protection payment'' both places it appears and
inserting ``dairy margin coverage payment''; and
(D) by adding at the end the following:
``(b) Regulations.--Subpart A of part 1430 of title 7, Code
of Federal Regulations (as in effect on the date of enactment
of the Agriculture Improvement Act of 2018), shall remain in
effect for dairy margin coverage beginning with the 2019
calendar year, except to the extent that the regulations are
inconsistent with any provision of this Act.''.
(5) Participation.--Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended--
(A) in the section heading, by striking ``margin protection
program'' and inserting ``dairy margin coverage'';
(B) in subsection (a), by striking ``the margin protection
program to receive margin protection payments'' and inserting
``dairy margin coverage to receive dairy margin coverage
payments''; and
(C) in subsections (b) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy margin coverage''.
(6) Production history.--Section 1405 of the Agricultural
Act of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1)
and (c) by striking ``the margin protection program'' each
place it appears and inserting ``dairy margin coverage''.
(7) Payments.--Section 1406 of the Agricultural Act of 2014
(7 U.S.C. 9056) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy margin coverage'';
(B) by striking ``margin protection'' each place it appears
and inserting ``dairy margin coverage''; and
(C) in the heading of subsection (c), by striking ``Margin
Protection''.
(8) Premiums.--Section 1407 of the Agricultural Act of 2014
(7 U.S.C. 9057) is amended--
(A) in the section heading, by striking ``margin protection
program'' and inserting ``dairy margin coverage'';
(B) in subsection (a), in the matter preceding paragraph
(1), by striking ``the margin protection program'' and
inserting ``dairy margin coverage'';
(C) in subsection (d), by striking ``program'' and
inserting ``dairy margin coverage''; and
(D) in subsection (e)--
(i) by striking ``the margin protection program'' both
places it appears and inserting ``dairy margin coverage'';
and
(ii) in paragraph (2), by striking ``integrity of the
program'' and inserting ``integrity of dairy margin
coverage''.
(9) Failure to pay administrative fees or premiums.--
Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058)
is amended--
(A) in subsection (a)(2), by striking ``margin protection''
and inserting ``dairy margin coverage''; and
(B) in subsection (b), by striking ``the margin protection
program'' and inserting ``dairy margin coverage''.
(10) Administration and enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended--
(A) in subsections (a) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy margin coverage''; and
(B) in subsection (b), by striking ``margin protection''
and inserting ``dairy margin coverage''.
(l) Duration.--Section 1409 of the Agricultural Act of 2014
(7 U.S.C. 9059) is amended--
(1) by striking ``The margin protection program'' and
inserting ``Dairy margin coverage''; and
(2) by striking ``2018'' and inserting ``2023''.
(m) Effective Date.--The amendments made by this section
shall take effect on January 1, 2019.
SEC. 1402. REAUTHORIZATIONS.
(a) Forward Pricing.--Section 1502(e) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is
amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``2021'' and inserting
``2026''.
(b) Indemnity Program.--Section 3 of Public Law 90-484 (7
U.S.C. 4553) is amended by striking ``2018'' and inserting
``2023''.
(c) Promotion and Research.--Section 113(e)(2) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 1403. CLASS I SKIM MILK PRICE.
(a) Class I Skim Milk Price.--Section 8c(5)(A) of the
Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted
with amendments by the Agricultural Marketing Agreement Act
of 1937, is amended by striking ``Throughout'' in the third
sentence and all that follows through the period at the end
of the fourth sentence and inserting ``Throughout the 2-year
period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment
to the order involved), for purposes of determining prices
for milk of the highest use classification, the Class I skim
milk price per hundredweight specified in section 1000.50(b)
of title 7, Code of Federal Regulations (or successor
regulations), shall be the sum of the adjusted Class I
differential specified in section 1000.52 of such title 7 (or
successor regulations), plus the adjustment to Class I prices
specified in sections 1005.51(b), 1006.51(b), and 1007.51(b)
of such title 7 (or successor regulations), plus the simple
average of the advanced pricing factors computed in sections
1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor
regulations), plus $0.74.''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning more than 120 days after the date of enactment of
this Act.
(2) Implementation.--Implementation of the amendment made
by subsection (a) shall not be subject to any of the
following:
(A) The notice and comment provisions of section 553 of
title 5, United States Code.
(B) The notice and hearing requirements of section 8c(3) of
the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted
with amendments by the Agricultural Marketing Agreement Act
of 1937.
(C) The order amendment requirements of section 8c(17) of
that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act (7 U.S.C.
608c(19)).
SEC. 1404. DAIRY PRODUCT DONATION.
(a) Repeal of Dairy Product Donation Program.--Section 1431
of the Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.
(b) Milk Donation Program.--
(1) In general.--Part III of subtitle D of title I of the
Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 695)
is amended to read as follows:
``PART III--MILK DONATION PROGRAM
``SEC. 1431. MILK DONATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible dairy organization.--The term `eligible
dairy organization' means a dairy farmer (either individually
or as part of a cooperative), or a dairy processor, who--
[[Page H9832]]
``(A) accounts to a Federal milk marketing order marketwide
pool; and
``(B) incurs qualified expenses under subsection (e).
``(2) Eligible distributor.--The term `eligible
distributor' means a public or private nonprofit organization
that distributes donated eligible milk.
``(3) Eligible milk.--The term `eligible milk' means Class
I fluid milk products produced and processed in the United
States.
``(4) Eligible partnership.--The term `eligible
partnership' means a partnership between an eligible dairy
organization and an eligible distributor.
``(5) Participating partnership.--The term `participating
partnership' means an eligible partnership for which the
Secretary has approved a donation and distribution plan for
eligible milk under subsection (c)(2).
``(b) Program Required; Purposes.--Not later than 180 days
after the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall establish and administer a
milk donation program for the purposes of--
``(1) encouraging the donation of eligible milk;
``(2) providing nutrition assistance to individuals in low-
income groups; and
``(3) reducing food waste.
``(c) Donation and Distribution Plans.--
``(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that--
``(A) describes the process that the eligible partnership
will use for the donation, processing, transportation,
temporary storage, and distribution of eligible milk;
``(B) includes an estimate of the quantity of eligible milk
that the eligible partnership will donate each year, based
on--
``(i) preplanned donations; and
``(ii) contingency plans to address unanticipated
donations; and
``(C) describes the rate at which the eligible partnership
will be reimbursed, which shall be based on a percentage of
the limitation described in subsection (e)(2), not to exceed
100 percent.
``(2) Review and approval.--Not less frequently than
annually, the Secretary shall--
``(A) review donation and distribution plans submitted
under paragraph (1); and
``(B) determine whether to approve or disapprove each of
those donation and distribution plans.
``(d) Reimbursement.--
``(1) In general.--On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an
eligible dairy organization that is a member of a
participating partnership on a regular basis for qualified
expenses described in subsection (e).
``(2) Documentation.--
``(A) In general.--An eligible dairy organization shall
submit to the Secretary such documentation as the Secretary
may require to demonstrate the qualified expenses described
in subsection (e) of the eligible dairy organization.
``(B) Verification.--The Secretary may verify the accuracy
of documentation submitted under subparagraph (A) by spot
checks and audits.
``(3) Retroactive reimbursement.--In providing
reimbursements under paragraph (1), the Secretary may provide
reimbursements for qualified expenses incurred before the
date on which the donation and distribution plan for the
applicable participating partnership was approved by the
Secretary.
``(e) Qualified Expenses.--
``(1) In general.--The amount of a reimbursement under
subsection (d) shall be an amount equal to the product of--
``(A) the quantity of eligible milk donated by the eligible
dairy organization under a donation and distribution plan
approved by the Secretary under subsection (c); and
``(B) subject to the limitation under paragraph (2), the
rate described in that donation and distribution plan under
subsection (c)(1)(C).
``(2) Limitation.--Expenses eligible for reimbursement
under subsection (d) shall not exceed the value that an
eligible dairy organization incurred by accounting to the
Federal milk marketing order pool at the difference in the
Class I milk value and the lowest classified price for the
applicable month (either Class III milk or Class IV milk).
``(f) Preapproval.--
``(1) In general.--The Secretary shall--
``(A) establish a process for an eligible partnership to
apply for preapproval of donation and distribution plans
under subsection (c); and
``(B) not less frequently than annually, preapprove an
amount for qualified expenses described in subsection (e)
that the Secretary will allocate for reimbursement under each
donation and distribution plan preapproved under subparagraph
(A), based on an assessment of--
``(i) the feasibility of the plan; and
``(ii) the extent to which the plan advances the purposes
described in subsection (b).
``(2) Preference.--In preapproving amounts for
reimbursement under paragraph (1)(B), the Secretary shall
give preference to eligible partnerships that will provide
funding and in-kind contributions in addition to the
reimbursements.
``(3) Adjustments.--
``(A) In general.--The Secretary shall adjust or increase
amounts preapproved for reimbursement under paragraph (1)(B)
based on performance and demand.
``(B) Requests for increase.--
``(i) In general.--The Secretary shall establish a
procedure for a participating partnership to request an
increase in the amount preapproved for reimbursement under
paragraph (1)(B) based on changes in conditions.
``(ii) Interim approval; incremental increase.--The
Secretary may provide an interim approval of an increase
requested under clause (i) and an incremental increase in the
amount of reimbursement to the applicable participating
partnership to allow time for the Secretary to review the
request without interfering with the donation and
distribution of eligible milk by the participating
partnership.
``(g) Prohibition on Resale of Products.--
``(1) In general.--An eligible distributor that receives
eligible milk donated under this section may not sell the
products back into commercial markets.
``(2) Prohibition on future participation.--An eligible
distributor that the Secretary determines has violated
paragraph (1) shall not be eligible for any future
participation in the program established under this section.
``(h) Administration.--The Secretary shall publicize
opportunities to participate in the program established under
this section.
``(i) Reviews.--The Secretary shall conduct appropriate
reviews or audits to ensure the integrity of the program
established under this section.
``(j) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $9,000,000 for fiscal year 2019, and $5,000,000 for
each fiscal year thereafter, to remain available until
expended.''.
(2) Conforming amendment.--Section 1401 of the Agricultural
Act of 2014 (7 U.S.C. 9051) is amended, in the matter
preceding paragraph (1), by striking ``and part III''.
Subtitle E--Supplemental Agricultural Disaster Assistance
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Members of Indian Tribes.--Section 1501(a)(1)(B) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is
amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) an Indian tribe or tribal organization (as those
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304));''.
(b) Covered Livestock Losses for Livestock Indemnity
Payments.--Section 1501(b) of the Agricultural Act of 2014 (7
U.S.C. 9081(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph (A);
(B) in subparagraph (B), by striking ``cold.'' and
inserting ``cold, on the condition that in the case of the
death loss of unweaned livestock due to that adverse weather,
the Secretary may disregard any management practice,
vaccination protocol, or lack of vaccination by the eligible
producer on a farm; or''; and
(C) by adding at the end the following new subparagraph:
``(C) disease that, as determined by the Secretary--
``(i) is caused or transmitted by a vector; and
``(ii) is not susceptible to control by vaccination or
acceptable management practices.''; and
(2) in paragraph (4), by striking ``A payment'' and
inserting ``Payment reductions.--A payment''.
(c) Emergency Assistance for Livestock, Honey Bees, and
Farm-raised Fish.--
(1) In general.--Section 1501(d)(2) of the Agricultural Act
of 2014 (7 U.S.C. 9081(d)(2)) is amended by inserting ``,
including inspections of cattle tick fever'' before the
period at the end.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to inspections of cattle tick fever conducted on
or after the date of enactment of this Act.
(d) Tree Assistance Program.--Section 1501(e) of the
Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended--
(1) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``paragraph (4)'' and inserting ``paragraphs
(4) and (5)''; and
(2) by adding at the end the following:
``(5) Payment rate for beginning and veteran producers.--
Subject to paragraph (4), in the case of a beginning farmer
or rancher or a veteran farmer or rancher (as those terms are
defined in subsection (a) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279)) that is eligible to receive assistance under this
subsection, the Secretary shall provide reimbursement of 75
percent of the costs under subparagraphs (A)(i) and (B) of
paragraph (3).''.
(e) Payment Limitation.--Section 1501(f)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9081(f)(2)) is amended by
striking ``this section (excluding payments received under
subsections (b) and (e))'' and inserting ``subsection (c)''.
Subtitle F--Noninsured Crop Assistance
SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the following:
``(C) Data collection and sharing.--The Secretary shall
coordinate with the Administrator of the Risk Management
Agency on the type and format of data received under the
noninsured crop disaster assistance program that--
``(i) best facilitates the use of that data in developing
policies or plans of insurance offered under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
``(ii) ensures the availability of that data on a regular
basis.
``(D) Coordination.--The Secretary shall coordinate between
the agencies of the Department that provide programs or
services to farmers and ranchers that are potentially
eligible for the noninsured crop disaster assistance program
under this section--
``(i) to make available coverage under--
``(I) the fee waiver under subsection (k)(2); or
[[Page H9833]]
``(II) the premium discount under subsection (l)(3); and
``(ii) to share eligibility information to reduce paperwork
and avoid duplication.'';
(B) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--Subject to subparagraph (B), in this
section, the term `eligible crop' means each commercial crop
or other agricultural commodity that is produced for food or
fiber (except livestock) for which catastrophic risk
protection under subsection (b) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) and additional coverage
under subsections (c) and (h) of such section are not
available or, if such coverage is available, it is only
available under a policy that provides coverage for specific
intervals based on weather indexes or under a whole farm plan
of insurance.''; and
(C) in paragraph (4)(B)--
(i) by striking clause (i) and inserting the following:
``(i) In general.--
``(I) Agricultural act of 2014.--During the first 4 crop
years of planting, as determined by the Secretary, native sod
acreage that has been tilled for the production of an annual
crop during the period beginning on February 8, 2014, and
ending on the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to a reduction in
benefits under this section as described in this
subparagraph.
``(II) Subsequent years.--Native sod acreage that has been
tilled for the production of an eligible crop after the date
of enactment of the Agriculture Improvement Act of 2018 shall
be subject to a reduction in benefits under this section as
described in this subparagraph for not more than any 4 crop
years--
``(aa) during the first 10 crop years after the initial
tillage; and
``(bb) during which a crop on that acreage is enrolled
under subsection (l)(2) or (k).''; and
(ii) in clause (iii)(I), by striking ``transitional yield
of the producer'' and inserting ``county expected yield'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not later than 30
days'' and inserting ``by an appropriate deadline''; and
(B) by adding at the end the following:
``(4) Streamlined submission process.--The Secretary shall
establish a streamlined process for the submission of records
and acreage reports under paragraphs (2) and (3) for diverse
production systems such as those typical of urban production
systems, other small-scale production systems, and direct-to-
consumer production systems.'';
(3) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) the producer's share of the total acres devoted to
the eligible crop; by''; and
(C) in paragraph (2) (as so redesignated), by striking
``established yield for the crop'' and inserting ``approved
yield for the crop, as determined by the Secretary'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``farm'' and inserting
``approved'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by inserting ``approved'' before ``yield''; and
(II) by striking ``Subject'' and inserting the following:
``(B) Calculation.--Subject''; and
(ii) in the matter preceding subparagraph (B) (as so
designated)--
(I) by striking ``yield coverage'' and inserting ``an
approved yield''; and
(II) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(C) in paragraph (3), by striking ``transitional yield of
the producer'' and inserting ``county expected yield'';
(5) in subsection (i)(2), by striking ``exceed $125,000''
and inserting the following: ``exceed--
``(A) in the case of catastrophic coverage under subsection
(c), $125,000; and
``(B) in the case of additional coverage under subsection
(l), $300,000'';
(6) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and inserting
``$325''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting ``$825''; and
(ii) by striking ``$1,875'' and inserting ``$1,950''; and
(7) in subsection (l)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(ii) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the producer's share of the total acres devoted to
the crop;''; and
(iii) in subparagraph (C) (as so redesignated), by
inserting ``, contract price, or other premium price (such as
a local, organic, or direct market price, as elected by the
producer)'' after ``price'';
(B) in paragraph (2)(B)(i)--
(i) in subclause (IV), by striking ``and'' at the end;
(ii) in subclause (V), by striking ``or'' at the end and
inserting ``and''; and
(iii) by adding at the end the following:
``(VI) the producer's share of the crop; or'';
(C) by striking paragraphs (3) and (5); and
(D) by redesignating paragraph (4) as paragraph (3).
Subtitle G--Administration
SEC. 1701. REGULATIONS.
Section 1601(c)(2) of the Agricultural Act of 2014 (7
U.S.C. 9091(c)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``title and sections 11003 and 11017'' and inserting ``title,
sections 11003 and 11017, title I of the Agriculture
Improvement Act of 2018 and the amendments made by that
title, and section 10109 of that Act'';
(2) in subparagraph (A), by adding ``and'' at the end;
(3) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(4) by striking subparagraph (C).
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 1602 of the Agricultural Act of 2014 (7 U.S.C.
9092) is amended by striking ``2018'' each place it appears
and inserting ``2023''.
SEC. 1703. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 1001 of the
Food, Conservation, and Energy Act of 2008'' and inserting
``section 1111 of the Agricultural Act of 2014 (7 U.S.C.
9011)''; and
(B) in paragraph (2), by inserting ``first cousin, niece,
nephew,'' after ``sibling,'';
(2) in subsections (b) and (c), by striking ``and as
marketing loan gains or loan deficiency payments under
subtitle B of title I of the Agricultural Act of 2014'' each
place it appears and inserting ``of the Agricultural Act of
2014 (7 U.S.C. 9016, 9017)''; and
(3) in subsection (f), by adding at the end the following:
``(9) Administration of reduction.--The Secretary shall
apply any order described in section 1614(d)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments
under sections 1116 and 1117 of that Act (7 U.S.C. 9016,
9017) prior to applying payment limitations under this
section.''.
(b) Application.--The amendments made by this section shall
apply beginning with the 2019 crop year.
SEC. 1704. ADJUSTED GROSS INCOME LIMITATIONS.
(a) Waiver.--Section 1001D(b) of the Food Security Act of
1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) in paragraph (2)(C), by inserting ``title II of the
Agriculture Improvement Act of 2018,'' after ``under''; and
(2) by adding at the end the following:
``(3) Waiver.--The Secretary may waive the limitation
established by paragraph (1) with respect to a payment
pursuant to a covered benefit described in paragraph (2)(C),
on a case-by-case basis, if the Secretary determines that
environmentally sensitive land of special significance would
be protected as a result of such waiver.''.
(b) Conforming Amendment.--Section 1001D(b)(1) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by
inserting ``subject to paragraph (3),'' after ``of law,''.
(c) Transition.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a), as in effect on the day before the
date of enactment of this Act, shall apply with respect to
the 2018 crop, fiscal, or program year, as appropriate, for
each program described in subsection (b)(2) of that section
(as so in effect on that day).
SEC. 1705. FARM SERVICE AGENCY ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish
policies, procedures, and plans to improve program
accountability and integrity through targeted and coordinated
activities, including utilizing data mining to identify and
reduce errors, waste, fraud, and abuse in programs
administered by the Farm Service Agency.
(b) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the progress and results of the
activities conducted under subsection (a).
SEC. 1706. IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--Section
1614(a) of the Agricultural Act of 2014 (7 U.S.C. 9097(a)) is
amended by inserting ``, and as adjusted pursuant to sections
1112 and 1113'' before the period at the end.
(b) Streamlining.--Section 1614 of the Agricultural Act of
2014 (7 U.S.C. 9097) is amended by striking subsection (b)
and inserting the following:
``(b) Streamlining.--In implementing this title and the
amendments made by this title, the Secretary shall--
``(1) continue to reduce administrative burdens and costs
to producers by streamlining and reducing paperwork, forms,
and other administrative requirements, to ensure that--
``(A) a producer (or an agent of a producer) may report
information, electronically (including geospatial data) or
conventionally, to the Department of Agriculture, subject to
the Secretary--
``(i) establishing reasonable levels of tolerance that
reflect the differences in accuracy between measures of
common land units and geospatial data; and
``(ii) ensuring that discrepancies that occur within the
levels of tolerance established under clause (i) shall not be
used to penalize a producer (or an agent of a producer) under
any program administered by the Department of Agriculture;
``(B) on the request of a producer (or an agent of a
producer), the Department of Agriculture electronically
shares with the producer (or agent) in real time and without
cost to the producer (or agent) the common land unit data,
related farm level data, conservation practices, and other
information of the producer through a single Department of
Agriculture-wide login;
[[Page H9834]]
``(C) not later than September 30, 2020, the Administrator
of the Risk Management Agency and the Administrator of the
Farm Service Agency shall implement a consistent method for
determining crop acreage, acreage yields, farm acreage,
property descriptions, and other common informational
requirements, including measures of common land units;
``(D) except in the case of misrepresentation, fraud, or
scheme and device, no crop insurance agent, approved
insurance provider, or employee or contractor of a crop
insurance agency or approved insurance provider bears
responsibility or liability under the Acreage Crop Reporting
and Streamlining Initiative (or any successor or similar
initiative) for the eligibility of a producer for a program
administered by the Department of Agriculture, not including
a policy or plan of insurance offered under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
``(E) on request of a crop insurance agent or approved
insurance provider required to deliver policies and plans of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) the crop insurance agent or approved insurance
provider receives, in a timely manner, any information held
by the Farm Service Agency that is necessary to ensure
effective crop insurance coverage for farmer customers;
``(2) continue to improve coordination, information
sharing, and administrative work among the Farm Service
Agency, Risk Management Agency, Natural Resources
Conservation Service, and other agencies, as determined by
the Secretary;
``(3) continue to take advantage of new technologies to
enhance the efficiency and effectiveness of the delivery of
Department of Agriculture programs to producers, including by
developing and making publicly available data standards and
security procedures to allow third-party providers to develop
applications that use or feed data (including geospatial and
precision agriculture data) into the datasets and analyses of
the Department of Agriculture; and
``(4) reduce administrative burdens on producers
participating in price loss coverage or agriculture risk
coverage by offering--
``(A) those producers an option to remotely and
electronically sign annual contracts for that coverage; and
``(B) to the maximum extent practicable, an option to sign
a multiyear contract for that coverage.''.
(c) Implementation.--Section 1614(c) of the Agricultural
Act of 2014 (7 U.S.C. 9097(c)) is amended by adding at the
end the following:
``(4) Agriculture improvement act of 2018.--The Secretary
shall make available to the Farm Service Agency to carry out
title I of the Agriculture Improvement Act of 2018 and the
amendments made by that title $15,500,000.''.
(d) Loan Implementation.--Section 1614(d)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by
striking ``under subtitles'' and all that follows through
``except'' and inserting ``under subtitle B or C, under the
amendments made by subtitle B or C, or under the amendments
made by subtitle B or C of the Agriculture Improvement Act of
2018, except''.
(e) Deobligation of Unliquidated Obligations.--Section 1614
of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended by
adding at the end the following:
``(e) Deobligation of Unliquidated Obligations.--
``(1) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Secretary under
this title on or after the date of enactment of the
Agriculture Improvement Act of 2018 that is not disbursed to
the recipient by the date that is 5 years after the date on
which the payment is obligated or otherwise made available
shall--
``(A) be deobligated; and
``(B) revert to the Treasury.
``(2) Outstanding payments.--
``(A) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Farm Service
Agency (or any predecessor agency of the Department of
Agriculture) under the laws described in subparagraph (B)
before the date of enactment of the Agriculture Improvement
Act of 2018, that is not disbursed by the date that is 5
years after the date on which the payment is obligated or
otherwise made available shall--
``(i) be deobligated; and
``(ii) revert to the Treasury.
``(B) Laws described.--The laws referred to in subparagraph
(A) are any of the following:
``(i) This title.
``(ii) Title I of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8702 et seq.).
``(iii) Title I of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7901 et seq.).
``(iv) The Agricultural Market Transition Act (7 U.S.C.
7201 et seq.).
``(v) Titles I through XI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104
Stat. 3374) and the amendments made by those titles.
``(vi) Titles I through X of the Food Security Act of 1985
(Public Law 99-198; 99 Stat. 1362) and the amendments made by
those titles.
``(vii) Titles I through XI of the Agriculture and Food Act
of 1981 (Public Law 97-98; 95 Stat. 1218) and the amendments
made by those titles.
``(viii) Titles I through X of the Food and Agriculture Act
of 1977 (Public Law 95-113; 91 Stat. 917) and the amendments
made by those titles.
``(3) Waiver.--The Secretary may delay the date of the
deobligation and reversion under paragraph (1) or (2) of any
payment--
``(A) that is the subject of--
``(i) ongoing administrative review or appeal;
``(ii) litigation; or
``(iii) the settlement of an estate; or
``(B) for which the Secretary otherwise determines that the
circumstances are such that the delay is equitable.''.
(f) Report.--Section 1614 of the Agricultural Act of 2014
(7 U.S.C. 9097) (as amended by subsection (e)) is amended by
adding at the end the following:
``(f) Report.--Not later than January 1, 2020, and each
January 1 thereafter through January 1, 2023, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the tilled
native sod acreage that was subject to a reduction in
benefits under section 196(a)(4)(B) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)(B) and section 508(o)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)(2))--
``(1) as of the date of submission of the report; and
``(2) by State and county, relative to the total acres of
cropland in the State or county.''.
SEC. 1707. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS FOR
CERTAIN PRODUCERS.
(a) Definition of Exempted Producer.--In this section, the
term ``exempted producer'' means an individual or entity that
is eligible to participate in--
(1) a conservation program under title II or a law amended
by title II;
(2) an indemnity or disease control program under the
Animal Health Protection Act (7 U.S.C. 8301 et seq.) or the
Plant Protection Act (7 U.S.C. 7701 et seq.); or
(3) a commodity program under title I of the Agricultural
Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance
provided to users of cotton under sections 1207(c) and 1208
of that Act (7 U.S.C. 9037(c), 9038).
(b) Exemption.--Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-
282; 31 U.S.C. 6101 note), the requirements of parts 25 and
170 of title 2, Code of Federal Regulations (or successor
regulations), shall not apply with respect to assistance
received by an exempted producer from the Secretary, acting
through the Chief of the Natural Resources Conservation
Service, the Administrator of the Animal and Plant Health
Inspection Service, or the Administrator of the Farm Service
Agency.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
SEC. 2101. WETLAND CONVERSION.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Duty of the secretary.--No person shall become
ineligible under paragraph (1) if the Secretary determines
that an exemption under section 1222(b) applies to that
person.''.
SEC. 2102. WETLAND CONSERVATION.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.
3822(c)) is amended--
(1) by striking ``No program'' and inserting the following:
``(1) In general.--No program'';
(2) in paragraph (1) (as so designated), by inserting ``,
which, except as provided in paragraph (2), shall be
conducted in the presence of the affected person'' before the
period at the end; and
(3) by adding at the end the following:
``(2) Exception.--The Secretary may conduct an on-site
visit under paragraph (1) without the affected person present
if the Secretary has made a reasonable effort to include the
presence of the affected person at the on-site visit.''.
SEC. 2103. MITIGATION BANKING.
Section 1222(k)(1)(B) of the Food Security Act of 1985 (16
U.S.C. 3822(k)(1)(B)) is amended to read as follows:
``(B) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
paragraph $5,000,000 for each of fiscal years 2019 through
2023.''.
Subtitle B--Conservation Reserve Program
SEC. 2201. CONSERVATION RESERVE.
(a) In General.--Section 1231(a) of the Food Security Act
of 1985 (16 U.S.C. 3831(a)) is amended by striking ``2018''
and inserting ``2023''.
(b) Eligible Land.--Section 1231(b) of the Food Security
Act of 1985 (16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``Agricultural Act of
2014 (except for land enrolled in the conservation reserve
program as of that date)'' and inserting ``Agriculture
Improvement Act of 2018, on the condition that the Secretary
shall consider to be planted cropland enrolled in the
conservation reserve program'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(3) by inserting after paragraph (3) the following:
``(4) cropland, marginal pasture land, and grasslands that
will have a positive impact on water quality and will be
devoted to--
``(A) a grass sod waterway;
``(B) a contour grass sod strip;
``(C) a prairie strip;
``(D) a filterstrip;
``(E) a riparian buffer;
``(F) a wetland or a wetland buffer;
``(G) a saturated buffer;
``(H) a bioreactor; or
``(I) another similar water quality practice, as determined
by the Secretary;'';
(4) in paragraph (5) (as so redesignated)--
(A) in subparagraph (C), by striking ``or filterstrips or
riparian buffers devoted to trees, shrubs, or grasses'' and
inserting ``salt tolerant vegetation, field borders, or
practices to benefit State or federally identified wellhead
protection areas''; and
(B) in subparagraph (E), by striking ``or'' after the
semicolon;
(5) in paragraph (6) (as so redesignated), in subparagraph
(B)(ii), by striking the period at the end and inserting ``;
or''; and
[[Page H9835]]
(6) by adding at the end the following:
``(7) as determined by the Secretary, land--
``(A) that was enrolled in the conservation reserve program
under a 15-year contract that expired on September 30, 2017,
or September 30, 2018;
``(B) for which there was no opportunity for additional
enrollment in that program; and
``(C) on which the conservation practice under the expired
contract under subparagraph (A) is maintained.''.
(c) Enrollment.--Section 1231(d) of the Food Security Act
of 1985 (16 U.S.C. 3831(d)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) fiscal year 2019, not more than 24,000,000 acres;
``(B) fiscal year 2020, not more than 24,500,000 acres;
``(C) fiscal year 2021, not more than 25,000,000 acres;
``(D) fiscal year 2022, not more than 25,500,000 acres; and
``(E) fiscal year 2023, not more than 27,000,000 acres.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Limitation.--For purposes of applying the limitations
in paragraph (1)--
``(i) the Secretary shall enroll and maintain in the
conservation reserve not fewer than 2,000,000 acres of the
land described in subsection (b)(3) by September 30, 2023;
and
``(ii) in carrying out clause (i), to the maximum extent
practicable, the Secretary shall maintain in the conservation
reserve at any one time during--
``(I) fiscal year 2019, 1,000,000 acres;
``(II) fiscal year 2020, 1,500,000 acres; and
``(III) fiscal years 2021 through 2023, 2,000,000 acres.
``(B) Priority.--In enrolling acres under subparagraph (A),
the Secretary may give priority to land, as determined by the
Secretary--
``(i) with expiring conservation reserve contracts;
``(ii) at risk of conversion or development; or
``(iii) of ecological significance, including land that--
``(I) may assist in the restoration of threatened or
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(II) may assist in preventing a species from being listed
as a threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); or
``(III) improves or creates wildlife habitat corridors.'';
(B) in subparagraph (C)--
(i) by striking ``In enrolling'' and inserting the
following:
``(i) In general.--In enrolling'';
(ii) in clause (i) (as so designated), by striking ``a
continuous'' and inserting ``an annual''; and
(iii) by adding at the end the following:
``(ii) Timing of grassland ranking period.--For purposes of
grasslands described in subsection (b)(3), the Secretary
shall announce at least 1 ranking period subsequent to the
announcement of general enrollment offers.''; and
(C) by adding at the end the following:
``(D) Reservation of unenrolled acres.--If the Secretary is
unable in a fiscal year to enroll enough acres of land
described in subsection (b)(3) to meet the number of acres
described in clause (ii) or (iii) of subparagraph (A) for the
fiscal year--
``(i) the Secretary shall reserve the remaining number of
acres for that fiscal year for the enrollment of land
described in subsection (b)(3); and
``(ii) that number of acres shall not be available for the
enrollment of any other type of eligible land.''; and
(3) by adding at the end the following:
``(3) Water quality practices to foster clean lakes,
estuaries, and rivers (clear initiative).--
``(A) In general.--The Secretary shall give priority within
continuous enrollment under paragraph (6) to the enrollment
of land described in subsection (b)(4).
``(B) Sediment and nutrient loadings.--In carrying out
subparagraph (A), the Secretary shall give priority to the
implementation of practices on land that, if enrolled, will
help reduce sediment loadings, nutrient loadings, and harmful
algal blooms, as determined by the Secretary.
``(C) Acreage.--
``(i) In general.--Of the acres maintained in the
conservation reserve in accordance with paragraph (1), to the
maximum extent practicable, not less than 40 percent of acres
enrolled in the conservation reserve using continuous
enrollment under paragraph (6) shall be of land described in
subsection (b)(4).
``(ii) Limitation.--The acres described in clause (i) shall
not include grasslands described in subsection (b)(3).
``(D) Report.--The Secretary shall--
``(i) in the monthly publication of the Secretary
describing conservation reserve program statistics, include a
description of enrollments through the priority under this
paragraph; and
``(ii) publish on the website of the Farm Service Agency an
annual report describing a summary of, with respect to the
enrollment priority under this paragraph--
``(I) new enrollments;
``(II) expirations;
``(III) geographic distribution; and
``(IV) estimated water quality benefits.
``(4) State enrollment rates.--At the beginning of each of
fiscal years 2019 through 2023, to the maximum extent
practicable, the Secretary shall allocate to the States
proportionately 60 percent of the available number of acres
each year for enrollment in the conservation reserve, in
accordance with historical State enrollment rates, taking
into consideration--
``(A) the average number of acres of all land enrolled in
the conservation reserve in each State during each of fiscal
years 2007 through 2016;
``(B) the average number of acres of all land enrolled in
the conservation reserve nationally during each of fiscal
years 2007 through 2016; and
``(C) the acres available for enrollment during each of
fiscal years 2019 through 2023, excluding acres described in
paragraph (2).
``(5) Frequency.--In carrying out this subchapter, for
contracts that are not available on a continuous enrollment
basis, the Secretary shall hold a signup and enrollment not
less often than once each year.
``(6) Continuous enrollment procedure.--
``(A) In general.--To the maximum extent practicable, the
Secretary shall allow producers to submit applications on a
continuous basis for enrollment in--
``(i) the conservation reserve of--
``(I) marginal pasture land described in subsection (b)(2);
``(II) land described in subsection (b)(4); and
``(III) cropland described in subsection (b)(5); and
``(ii) the conservation reserve enhancement program under
section 1231A.
``(B) Limitation.--For purposes of applying the limitations
in paragraph (1)--
``(i) the Secretary shall, to the maximum extent
practicable, enroll and maintain not fewer than 8,600,000
acres of land under subparagraph (A) by September 30, 2023;
and
``(ii) in carrying out clause (i), to the maximum extent
practicable, the Secretary shall maintain in the conservation
reserve at any one time during--
``(I) fiscal year 2019, 8,000,000 acres;
``(II) fiscal year 2020, 8,250,000 acres;
``(III) fiscal year 2021, 8,500,000 acres; and
``(IV) fiscal years 2022 and 2023, 8,600,000 acres.''.
(d) Eligibility for Consideration.--Section 1231(h) of the
Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended--
(1) by striking ``On the expiration'' and inserting the
following:
``(1) In general.--On the expiration''; and
(2) by adding at the end the following:
``(2) Reenrollment limitation for certain land.--
``(A) In general.--Except as provided in subparagraph (B),
land subject to a contract entered into under this subchapter
shall be eligible for only one reenrollment in the
conservation reserve under paragraph (1) if the land is
devoted to hardwood trees.
``(B) Exclusions.--Subparagraph (A) shall not apply to--
``(i) riparian forested buffers;
``(ii) forested wetlands enrolled under subsection (d)(3)
or the conservation reserve enhancement program under section
1231A; and
``(iii) shelterbelts.''.
SEC. 2202. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
(a) In General.--Subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 is amended by
inserting after section 1231 (16 U.S.C. 3831) the following:
``SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) CREP.--The term `CREP' means a conservation reserve
enhancement program carried out under subsection (b)(1).
``(2) Eligible land.--The term `eligible land' means land
that is eligible to be included in the program established
under this subchapter.
``(3) Eligible partner.--The term `eligible partner'
means--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)); or
``(D) a nongovernmental organization.
``(4) Management.--The term `management' means an activity
conducted by an owner or operator under a contract entered
into under this subchapter after the establishment of a
conservation practice on eligible land, to regularly maintain
or enhance the vegetative cover established by the
conservation practice--
``(A) throughout the term of the contract; and
``(B) consistent with the conservation plan that covers the
eligible land.
``(b) Agreements.--
``(1) In general.--The Secretary may enter into an
agreement with an eligible partner to carry out a
conservation reserve enhancement program--
``(A) to assist in enrolling eligible land in the program
established under this subchapter; and
``(B) that the Secretary determines will advance the
purposes of this subchapter.
``(2) Contents.--An agreement entered into under paragraph
(1) shall--
``(A) describe--
``(i) 1 or more specific State or nationally significant
conservation concerns to be addressed by the agreement;
``(ii) quantifiable environmental goals for addressing the
concerns under clause (i);
``(iii) a suitable acreage goal for enrollment of eligible
land under the agreement, as determined by the Secretary;
``(iv) the location of eligible land to be enrolled in the
project area identified under the agreement;
``(v) the payments to be offered by the Secretary and
eligible partner to an owner or operator; and
``(vi) an appropriate list of conservation reserve program
conservation practices that are appropriate to meeting the
concerns described
[[Page H9836]]
under clause (i), as determined by the Secretary in
consultation with eligible partners;
``(B) subject to subparagraph (C), require the eligible
partner to provide matching funds--
``(i) in an amount determined during a negotiation between
the Secretary and 1 or more eligible partners, if the
majority of the matching funds to carry out the agreement are
provided by 1 or more eligible partners that are not
nongovernmental organizations; or
``(ii) in an amount not less than 30 percent of the cost
required to carry out the conservation measures and practices
described in the agreement, if a majority of the matching
funds to carry out the agreement are provided by 1 or more
nongovernmental organizations; and
``(C) include procedures to allow for a temporary waiver of
the matching requirements under subparagraph (B), or
continued enrollment with a temporary suspension of
incentives or eligible partner contributions for new
agreements, during a period when an eligible partner loses
the authority or ability to provide matching contributions,
if the Secretary determines that the temporary waiver or
continued enrollment with a temporary suspension will advance
the purposes of this subchapter.
``(3) Effect on existing agreements.--
``(A) In general.--Subject to subparagraph (B), an
agreement under this subsection shall not affect, modify, or
interfere with existing agreements under this subchapter.
``(B) Modification of existing agreements.--To implement
this section, the signatories to an agreement under this
subsection may mutually agree to a modification of an
agreement entered into before the date of enactment of this
section under the Conservation Reserve Enhancement Program
established by the Secretary under this subchapter.
``(c) Payments.--
``(1) Matching requirement.--Funds provided by an eligible
partner may be in cash, in-kind contributions, or technical
assistance, as determined by the Secretary.
``(2) Marginal pastureland cost-share payments.--The
Secretary shall ensure that cost-share payments to an owner
or operator to install stream fencing, crossings, and
alternative water development on marginal pastureland under a
CREP reflect the fair market value of the cost of
installation.
``(3) Cost-share and practice incentive payments.--
``(A) In general.--On request of an owner or operator, the
Secretary shall provide cost-share payments when a major
component of a conservation practice is completed under a
CREP, as determined by the Secretary.
``(B) Exemption.--For purposes of implementing conservation
practices on land enrolled under a CREP, the Secretary may
waive the contribution limitation described in section
1234(b)(2)(A).
``(4) Riparian buffer management payments.--
``(A) In general.--In the case of an agreement under
subsection (b)(1) that includes riparian buffers as an
eligible practice, the Secretary shall make cost-share
payments to encourage the regular management of the riparian
buffer throughout the term of the agreement, consistent with
the conservation plan that covers the eligible land.
``(B) Limitation.--The amount of payments received by an
owner or operator under subparagraph (A) shall not be greater
than 100 percent of the normal and customary projected
management cost, as determined by the Secretary, in
consultation with the applicable State technical committee
established under section 1261(a).
``(d) Forested Riparian Buffer Practice.--
``(1) Food-producing woody plants.--In the case of an
agreement under subsection (b)(1) that includes forested
riparian buffers as an eligible practice, the Secretary shall
allow an owner or operator--
``(A) to plant food-producing woody plants in the forested
riparian buffers, on the conditions that--
``(i) the plants shall contribute to the conservation of
soil, water quality, and wildlife habitat; and
``(ii) the planting shall be consistent with--
``(I) recommendations of the applicable State technical
committee established under section 1261(a); and
``(II) technical guide standards of the applicable field
office of the Natural Resources Conservation Service; and
``(B) to harvest from plants described in subparagraph (A),
on the conditions that--
``(i) the harvesting shall not damage the conserving cover
or otherwise have a negative impact on the conservation
concerns targeted by the CREP;
``(ii) only native plant species appropriate to the region
shall be used within 35 feet of the watercourse; and
``(iii) the producer shall be subject to a reduction in the
rental rate commensurate to the value of the crop harvested.
``(2) Technical assistance.--For the purpose of enrolling
forested riparian buffers in a CREP, the Administrator of the
Farm Service Agency shall coordinate with the applicable
State forestry agency.
``(e) Drought and Water Conservation Agreements.--In the
case of an agreement under subsection (b)(1) to address
regional drought concerns, in accordance with the
conservation purposes of the CREP, the Secretary, in
consultation with the applicable State technical committee
established under section 1261(a), may--
``(1) notwithstanding subsection (a)(2), enroll other
agricultural land on which the resource concerns identified
in the agreement can be addressed if the enrollment of the
land is critical to the accomplishment of the purposes of the
agreement;
``(2) permit dryland agricultural uses with the adoption of
best management practices on enrolled land if the agreement
involves the significant long-term reduction of consumptive
water use and dryland production is compatible with the
agreement; and
``(3) calculate annual rental payments consistent with
existing administrative practice for similar drought and
water conservation agreements under this subtitle and ensure
regional consistency in those rates.
``(f) Status Report.--Not later than 180 days after the end
of each fiscal year, the Secretary shall submit to Congress a
report that describes, with respect to each agreement entered
into under subsection (b)(1)--
``(1) the status of the agreement;
``(2) the purposes and objectives of the agreement;
``(3) the Federal and eligible partner commitments made
under the agreement; and
``(4) the progress made in fulfilling those commitments.''.
(b) Conforming Amendments.--
(1) Section 1240R(c)(3) of the Food Security Act of 1985
(16 U.S.C. 3839bb-5(c)(3)) is amended by striking ``a special
conservation reserve enhancement program described in section
1234(f)(4)'' and inserting ``a conservation reserve
enhancement program under section 1231A''.
(2) Section 1244(f)(3) of the Food Security Act of 1985 (16
U.S.C. 3844(f)(3)) is amended by striking ``subsection
(d)(2)(A)(ii) or (g)(2) of section 1234'' and inserting
``section 1231A''.
SEC. 2203. FARMABLE WETLAND PROGRAM.
Section 1231B of the Food Security Act of 1985 (16 U.S.C.
3831b) is amended--
(1) in subsection (a)(1), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (f)(2), by striking ``1234(d)(2)(A)(ii)''
and inserting ``1234(d)''.
SEC. 2204. PILOT PROGRAMS.
Subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 is amended by inserting after
section 1231B (16 U.S.C. 3831b) the following:
``SEC. 1231C. PILOT PROGRAMS.
``(a) CLEAR 30.--
``(1) In general.--
``(A) Enrollment.--The Secretary shall establish a pilot
program to enroll land in the conservation reserve program
through a 30-year conservation reserve contract (referred to
in this subsection as a `CLEAR 30 contract') in accordance
with this subsection.
``(B) Inclusion of acreage limitation.--For purposes of
applying the limitations in section 1231(d)(1), the Secretary
shall include acres of land enrolled under this subsection.
``(2) Expired conservation contract election.--
``(A) Definition of covered contract.--In this paragraph,
the term `covered contract' means a contract entered into
under this subchapter that--
``(i) expires on or after the date of enactment of the
Agriculture Improvement Act of 2018; and
``(ii) covers land enrolled in the conservation reserve
program under the clean lakes, estuaries, and rivers priority
described in section 1231(d)(3) (or the predecessor practices
that constitute the priority, as determined by the
Secretary).
``(B) Election.--On the expiration of a covered contract,
an owner or operator party to the covered contract shall
elect--
``(i) not to reenroll the land under the contract;
``(ii) to offer to reenroll the land under the contract if
the land remains eligible under the terms in effect as of the
date of expiration; or
``(iii) not to reenroll the land under the contract and to
enroll that land through a CLEAR 30 contract under this
subsection.
``(3) Eligible land.--Only land that is subject to an
expired covered contract shall be eligible for enrollment
through a CLEAR 30 contract under this subsection.
``(4) Term.--The term of a CLEAR 30 contract shall be 30
years.
``(5) Agreements.--To be eligible to enroll land in the
conservation reserve program through a CLEAR 30 contract, the
owner of the land shall enter into an agreement with the
Secretary--
``(A) to implement a conservation reserve plan developed
for the land;
``(B) to comply with the terms and conditions of the
contract and any related agreements; and
``(C) to temporarily suspend the base history for the land
covered by the contract.
``(6) Terms and conditions of clear 30 contracts.--
``(A) In general.--A CLEAR 30 contract shall include terms
and conditions that--
``(i) permit--
``(I) repairs, improvements, and inspections on the land
that are necessary to maintain existing public drainage
systems; and
``(II) owners to control public access on the land while
identifying access routes to be used for restoration
activities and management and contract monitoring;
``(ii) prohibit--
``(I) the alteration of wildlife habitat and other natural
features of the land, unless specifically authorized by the
Secretary as part of the conservation reserve plan;
``(II) the spraying of the land with chemicals or the
mowing of the land, except where the spraying or mowing is
authorized by the Secretary or is necessary--
``(aa) to comply with Federal or State noxious weed control
laws;
``(bb) to comply with a Federal or State emergency pest
treatment program; or
``(cc) to meet habitat needs of specific wildlife species;
``(III) any activity to be carried out on the land of the
owner or successor that is immediately adjacent to, and
functionally related to,
[[Page H9837]]
the land that is subject to the contract if the activity will
alter, degrade, or otherwise diminish the functional value of
the land; and
``(IV) the adoption of any other practice that would tend
to defeat the purposes of the conservation reserve program,
as determined by the Secretary; and
``(iii) include any additional provision that the Secretary
determines is appropriate to carry out this section or
facilitate the practical administration of this section.
``(B) Violation.--On the violation of a term or condition
of a CLEAR 30 contract, the Secretary may require the owner
to refund all or part of any payments received by the owner
under the conservation reserve program, with interest on the
payments, as determined appropriate by the Secretary.
``(C) Compatible uses.--Land subject to a CLEAR 30 contract
may be used for compatible economic uses, including hunting
and fishing, managed timber harvest, or periodic haying or
grazing, if the use--
``(i) is specifically permitted by the conservation reserve
plan developed for the land; and
``(ii) is consistent with the long-term protection and
enhancement of the conservation resources for which the
contract was established.
``(7) Compensation.--
``(A) Amount of payments.--The Secretary shall provide
payment under this subsection to an owner of land enrolled
through a CLEAR 30 contract using 30 annual payments in an
amount equal to the amount that would be used if the land
were to be enrolled in the conservation reserve program under
section 1231(d)(3).
``(B) Form of payment.--Compensation for a CLEAR 30
contract shall be provided by the Secretary in the form of a
cash payment in an amount determined under subparagraph (A).
``(C) Timing.--The Secretary shall provide any annual
payment obligation under subparagraph (A) as early as
practicable in each fiscal year.
``(D) Payments to others.--The Secretary shall make a
payment, in accordance with regulations prescribed by the
Secretary, in a manner as the Secretary determines is fair
and reasonable under the circumstances, if an owner who is
entitled to a payment under this section--
``(i) dies;
``(ii) becomes incompetent;
``(iii) is succeeded by another person or entity who
renders or completes the required performance; or
``(iv) is otherwise unable to receive the payment.
``(8) Technical assistance.--
``(A) In general.--The Secretary shall assist owners in
complying with the terms and conditions of a CLEAR 30
contract.
``(B) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or agreements
with a State, nongovernmental organization, or Indian Tribe
to carry out necessary maintenance of a CLEAR 30 contract if
the Secretary determines that the contract or agreement will
advance the purposes of the conservation reserve program.
``(9) Administration.--
``(A) Conservation reserve plan.--The Secretary shall
develop a conservation reserve plan for any land subject to a
CLEAR 30 contract, which shall include practices and
activities necessary to maintain, protect, and enhance the
conservation value of the enrolled land.
``(B) Delegation of contract administration.--
``(i) Federal, state, or local government agencies.--The
Secretary may delegate any of the management, monitoring, and
enforcement responsibilities of the Secretary under this
subsection to other Federal, State, or local government
agencies that have the appropriate authority, expertise, and
resources necessary to carry out those delegated
responsibilities.
``(ii) Conservation organizations.--The Secretary may
delegate any management responsibilities of the Secretary
under this subsection to conservation organizations if the
Secretary determines the conservation organization has
similar expertise and resources.
``(b) Soil Health and Income Protection Pilot Program.--
``(1) Definition of eligible land.--In this subsection:
``(A) In general.--The term `eligible land' means cropland
that--
``(i) is selected by the owner or operator of the land for
proposed enrollment in the pilot program under this
subsection; and
``(ii) as determined by the Secretary--
``(I) is located within 1 or more States that are part of
the prairie pothole region, as selected by the Secretary
based on consultation with State Committees of the Farm
Service Agency and State technical committees established
under section 1261(a) from that region;
``(II) had a cropping history or was considered to be
planted during each of the 3 crop years preceding enrollment;
and
``(III) is verified to be less-productive land, as compared
to other land on the applicable farm.
``(B) Exclusion.--The term `eligible land' does not include
any land that was enrolled in a conservation reserve program
contract in any of the 3 crop years preceding enrollment in
the pilot program under this subsection.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish a
voluntary soil health and income protection pilot program
under which eligible land is enrolled through the use of
contracts to assist owners and operators of eligible land to
conserve and improve the soil, water, and wildlife resources
of the eligible land.
``(B) Deadline for participation.--Eligible land may be
enrolled in the program under this section through December
31, 2020.
``(3) Contracts.--
``(A) Requirements.--A contract described in paragraph (2)
shall--
``(i) be entered into by the Secretary, the owner of the
eligible land, and (if applicable) the operator of the
eligible land; and
``(ii) provide that, during the term of the contract--
``(I) the lowest practicable cost perennial conserving use
cover crop for the eligible land, as determined by the
applicable State conservationist after considering the advice
of the applicable State technical committee, shall be planted
on the eligible land;
``(II) except as provided in subparagraph (E), the owner or
operator of the eligible land shall pay the cost of planting
the conserving use cover crop under subclause (I);
``(III) subject to subparagraph (F), the eligible land may
be harvested for seed, hayed, or grazed outside the primary
nesting season established for the applicable county;
``(IV) the eligible land may be eligible for a walk-in
access program of the applicable State, if any; and
``(V) a nonprofit wildlife organization may provide to the
owner or operator of the eligible land a payment in exchange
for an agreement by the owner or operator not to harvest the
conserving use cover.
``(B) Payments.--Except as provided in subparagraphs (E)
and (F)(ii)(II), the annual rental rate for a payment under a
contract described in paragraph (2) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(C) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
pilot program under this subsection.
``(D) Term.--
``(i) In general.--Except as provided in clause (ii), each
contract described in paragraph (2) shall be for a term of 3,
4, or 5 years, as determined by the parties to the contract.
``(ii) Early termination.--
``(I) Secretary.--The Secretary may terminate a contract
described in paragraph (2) before the end of the term
described in clause (i) if the Secretary determines that the
early termination of the contract is necessary.
``(II) Owners and operators.--An owner and (if applicable)
an operator of eligible land enrolled in the pilot program
under this subsection may terminate a contract described in
paragraph (2) before the end of the term described in clause
(i) if the owner and (if applicable) the operator pay to the
Secretary an amount equal to the amount of rental payments
received under the contract.
``(E) Beginning, limited resource, socially disadvantaged,
or veteran farmers and ranchers.--With respect to a
beginning, limited resource, socially disadvantaged, or
veteran farmer or rancher, as determined by the Secretary--
``(i) a contract described in paragraph (2) shall provide
that, during the term of the contract, of the actual cost of
establishment of the conserving use cover crop under
subparagraph (A)(ii)(I)--
``(I) using the funds of the Commodity Credit Corporation,
the Secretary shall pay 50 percent; and
``(II) the beginning, limited resource, socially
disadvantaged, or veteran farmer or rancher shall pay 50
percent; and
``(ii) the annual rental rate for a payment under a
contract described in paragraph (2) shall be equal to 75
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(F) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under subparagraph (A)(ii)(III) outside of the
primary nesting season established for the applicable county
shall be subject to the conditions that--
``(i) with respect to eligible land that is so hayed or
grazed, adequate stubble height shall be maintained to
protect the soil on the eligible land, as determined by the
applicable State conservationist after considering the advice
of the applicable State technical committee; and
``(ii) with respect to eligible land that is so harvested
for seed--
``(I) the eligible land shall not be eligible to be insured
or reinsured under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.); and
``(II) the rental payment otherwise applicable to the
eligible land under this subsection shall be reduced by 25
percent.
``(4) Acreage limitation.--Of the number of acres available
for enrollment in the conservation reserve under section
1231(d)(1), not more than 50,000 total acres of eligible land
may be enrolled under the pilot program under this
subsection.
``(5) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report describing the eligible land enrolled
in the pilot program under this subsection, including--
``(A) the estimated conservation value of the land; and
``(B) estimated savings from reduced commodity payments,
crop insurance indemnities, and crop insurance premium
subsidies.''.
SEC. 2205. DUTIES OF OWNERS AND OPERATORS.
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C.
3832(a)) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) on land devoted to hardwood or other trees,
excluding windbreaks and shelterbelts, to carry out proper
thinning and other practices--
``(A) to enhance the conservation benefits and wildlife
habitat resources addressed by the conservation practice
under which the land is enrolled; and
[[Page H9838]]
``(B) to promote forest management;''.
SEC. 2206. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a) of the
Food Security Act of 1985 (16 U.S.C. 3833(a)) is amended--
(1) in paragraph (1), by inserting ``, including the cost
of fencing and other water distribution practices, if
applicable'' after ``interest''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``in an amount necessary to compensate'' and inserting ``, in
accordance with section 1234(d),'';
(B) in subparagraph (A)--
(i) by inserting ``, marginal pastureland,'' after
``cropland''; and
(ii) by adding ``or'' at the end;
(C) by striking subparagraph (B); and
(D) by redesignating subparagraph (C) as subparagraph (B).
(b) Specified Activities Permitted.--Section 1233 of the
Food Security Act of 1985 (16 U.S.C. 3833) is amended by
striking subsection (b) and inserting the following:
``(b) Specified Activities Permitted.--
``(1) In general.--The Secretary, in coordination with the
applicable State technical committee established under
section 1261(a), shall permit certain activities or
commercial uses of established cover on land that is subject
to a contract under the conservation reserve program if--
``(A) those activities or uses--
``(i) are consistent with the conservation of soil, water
quality, and wildlife habitat;
``(ii) are subject to appropriate restrictions during the
primary nesting season for birds in the local area that are
economically significant, in significant decline, or
conserved in accordance with Federal or State law;
``(iii) contribute to the health and vigor of the
established cover; and
``(iv) are consistent with a site-specific plan, including
vegetative management requirements, stocking rates, and
frequency and duration of activity, taking into consideration
regional differences, such as climate, soil type, and natural
resources; and
``(B) the Secretary, in coordination with the State
technical committee, includes contract modifications--
``(i) without any reduction in the rental rate for--
``(I) emergency haying, emergency grazing, or other
emergency use of the forage in response to a localized or
regional drought, flooding, wildfire, or other emergency, on
all practices, outside the primary nesting season, when--
``(aa) the county is designated as D2 (severe drought) or
greater according to the United States Drought Monitor;
``(bb) there is at least a 40 percent loss in forage
production in the county; or
``(cc) the Secretary, in coordination with the State
technical committee, determines that the program can assist
in the response to a natural disaster event without permanent
damage to the established cover;
``(II) emergency grazing on all practices during the
primary nesting season if payments are authorized for a
county under the livestock forage disaster program under
clause (ii) of section 1501(c)(3)(D) of the Agricultural Act
of 2014 (7 U.S.C. 9081(c)(3)(D)), at 50 percent of the normal
carrying capacity determined under clause (i) of that
section, adjusted to the site-specific plan;
``(III) emergency haying on certain practices, outside the
primary nesting season, if payments are authorized for a
county under the livestock forage disaster program under
clause (ii) of section 1501(c)(3)(D) of the Agricultural Act
of 2014 (7 U.S.C. 9081(c)(3)(D)), on not more than 50 percent
of contract acres, as identified in the site-specific plan;
``(IV) grazing of all practices, outside the primary
nesting season, if included as a mid-contract management
practice under section 1232(a)(5);
``(V) the intermittent and seasonal use of vegetative
buffer established under paragraphs (4) and (5) of section
1231(b) that are incidental to agricultural production on
land adjacent to the buffer such that the permitted use--
``(aa) does not destroy the permanent vegetative cover; and
``(bb) retains suitable vegetative structure for wildlife
cover and shelter outside the primary nesting season; or
``(VI) grazing on all practices, outside the primary
nesting season, if conducted by a beginning farmer or
rancher; or
``(ii) with a 25 percent reduction in the annual rental
rate for the acres covered by the authorized activity,
including--
``(I) grazing not more frequently than every other year on
the same land, except that during the primary nesting season,
grazing shall be subject to a 50 percent reduction in the
stocking rate specified in the site-specific plan;
``(II) grazing of all practices during the primary nesting
season, with a 50 percent reduction in the stocking rate
specified in the site-specific plan;
``(III) haying and other commercial use (including the
managed harvesting of biomass and excluding the harvesting of
vegetative cover), on the condition that the activity--
``(aa) is completed outside the primary nesting season;
``(bb) occurs not more than once every 3 years; and
``(cc) maintains 25 percent of the total contract acres
unharvested, in accordance with a site-specific plan that
provides for wildlife cover and shelter;
``(IV) annual grazing outside the primary nesting season if
consistent with a site-specific plan that is authorized for
the control of invasive species; and
``(V) the installation of wind turbines and associated
access, except that in permitting the installation of wind
turbines, the Secretary shall determine the number and
location of wind turbines that may be installed, taking into
account--
``(aa) the location, size, and other physical
characteristics of the land;
``(bb) the extent to which the land contains threatened or
endangered wildlife and wildlife habitat; and
``(cc) the purposes of the conservation reserve program
under this subchapter.
``(2) Conditions on haying and grazing.--
``(A) In general.--The Secretary may permit haying or
grazing in accordance with paragraph (1) on any land or
practice subject to a contract under the conservation reserve
program.
``(B) Exceptions.--
``(i) Damage to vegetative cover.--Haying or grazing
described in paragraph (1) shall not be permitted on land
subject to a contract under the conservation reserve program,
or under a particular practice, if haying or grazing for that
year under that practice, as applicable, would cause long-
term damage to vegetative cover on that land.
``(ii) Special agreements.--
``(I) In general.--Except as provided in subclause (II),
haying or grazing described in paragraph (1) shall not be
permitted on--
``(aa) land covered by a contract enrolled under the State
acres for wildlife enhancement program established by the
Secretary; or
``(bb) land covered by a contract enrolled under a
conservation reserve enhancement program established under
section 1231A or the Conservation Reserve Enhancement Program
established by the Secretary under this subchapter.
``(II) Exception.--Subclause (I) shall not apply to land on
which haying or grazing is specifically permitted under the
applicable conservation reserve enhancement program agreement
or other partnership agreement entered into under this
subchapter.''.
(c) Natural Disaster or Adverse Weather as Mid-contract
Management.--Section 1233 of the Food Security Act of 1985
(16 U.S.C. 3833) is amended by adding at the end the
following:
``(e) Natural Disaster or Adverse Weather as Mid-contract
Management.--In the case of a natural disaster or adverse
weather event that has the effect of a management practice
consistent with the conservation plan, the Secretary shall
not require further management practices pursuant to section
1232(a)(5) that are intended to achieve the same effect.''.
SEC. 2207. PAYMENTS.
(a) Cost Sharing Payments.--Section 1234(b) of the Food
Security Act of 1985 (16 U.S.C. 3834(b)) is amended--
(1) by striking paragraphs (2) through (4) and inserting
the following:
``(2) Limitations.--
``(A) In general.--The Secretary shall ensure, to the
maximum extent practicable, that cost sharing payments to an
owner or operator under this subchapter, when combined with
the sum of payments from all other funding sources for
measures and practices described in paragraph (1), do not
exceed 100 percent of the total actual cost of establishing
those measures and practices, as determined by the Secretary.
``(B) Mid-contract management grazing.--The Secretary may
not make any cost sharing payment to an owner or operator
under this subchapter pursuant to section 1232(a)(5).
``(C) Seed cost.--In the case of seed costs related to the
establishment of cover, cost sharing payments under this
subchapter shall not exceed 50 percent of the actual cost of
the seed mixture, as determined by the Secretary.'';
(2) by redesignating paragraph (5) as paragraph (3);
(3) in paragraph (3) (as so redesignated), by striking ``An
owner'' and inserting ``Except in the case of incentive
payments that are related to the cost of the establishment of
a practice and received from eligible partners under the
conservation reserve enhancement program under section 1231A,
an owner''; and
(4) by adding at the end the following:
``(4) Practice incentives for continuous practices.--In
addition to the cost sharing payment described in this
subsection, the Secretary shall make an incentive payment to
an owner or operator of land enrolled under section
1231(d)(6) in an amount not to exceed 50 percent of the
actual cost of establishing all measures and practices
described in paragraph (1), including seed costs related to
the establishment of cover, as determined by the
Secretary.''.
(b) Incentive Payments.--Section 1234(c) of the Food
Security Act of 1985 (16 U.S.C. 3834(c)) is amended--
(1) in the subsection heading, by striking ``Incentive''
and inserting ``Forest Management Incentive'';
(2) in paragraph (1), by striking ``The Secretary'' and
inserting ``Using funds made available under section
1241(a)(1)(A), the Secretary''; and
(3) in paragraph (2), by striking ``150 percent'' and
inserting ``100 percent''.
(c) Annual Rental Payments.--Section 1234(d) of the Food
Security Act of 1985 (16 U.S.C. 3834(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``the Secretary may consider, among other
things, the amount'' and inserting the following: ``the
Secretary shall consider--
``(A) the amount'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(B) the impact on the local farmland rental market; and
``(C) such other factors as the Secretary determines to be
appropriate.'';
[[Page H9839]]
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; or'' and inserting a
period;
(ii) by striking clause (ii); and
(iii) by striking ``determined through--'' in the matter
preceding clause (i) and all that follows through ``the
submission of bids'' in clause (i) and inserting ``determined
through the submission of applications'';
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
``(B) Multiple enrollments.--
``(i) In general.--Subject to clause (ii), if land subject
to a contract entered into under this subchapter is
reenrolled under section 1231(h)(1) or has been previously
enrolled in the conservation reserve, the annual rental
payment shall be in an amount that is not more than 85
percent in the case of general enrollment contacts, or 90
percent in the case of continuous enrollment contracts, of
the applicable estimated average county rental rate published
pursuant to paragraph (4) for the year in which the
reenrollment occurs.
``(ii) Conservation reserve enhancement program.--The
reduction in annual rental payments under clause (i) may be
waived as part of the negotiation between the Secretary and
an eligible partner to enter into a conservation reserve
enhancement program agreement under section 1231A.'';
(D) in subparagraph (C) (as so redesignated), by striking
``In the case'' and inserting ``Notwithstanding subparagraph
(A), in the case''; and
(E) by adding at the end the following:
``(D) Continuous sign-up incentives.--The Secretary shall
make an incentive payment to the owner or operator of land
enrolled under section 1231(d)(6) at the time of initial
enrollment in an amount equal to 32.5 percent of the amount
of the first annual rental payment under subparagraph (A).'';
(3) by striking paragraph (4);
(4) by redesignating paragraph (5) as paragraph (4); and
(5) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A)--
(i) by striking ``, not less frequently than once every
other year,'' and inserting ``annually''; and
(ii) by inserting ``, and shall publish the estimates
derived from the survey not later than September 15 of each
year'' before the period at the end;
(B) in subparagraph (B), by inserting ``and the average
current and previous soil rental rates for each county''
after ``subparagraph (A)'';
(C) in subparagraph (C), by striking ``may use'' and
inserting ``shall consider''; and
(D) by adding at the end the following:
``(D) Submission of additional information by state fsa
offices and crep partners.--
``(i) In general.--The Secretary shall provide an
opportunity for State Committees of the Farm Service Agency
or eligible partners (as defined in section 1231A(a)) in
conservation reserve enhancement programs under section 1231A
to propose an alternative soil rental rate prior to
finalizing new rates, on the condition that documentation
described in clause (ii) is provided to support the proposed
alternative.
``(ii) Acceptable documentation.--Documentation referred to
in clause (i) includes--
``(I) an average of cash rents from a random sample of
lease agreements;
``(II) cash rent estimates from a published survey;
``(III) neighboring county estimate comparisons from the
National Agricultural Statistics Service;
``(IV) an average of cash rents from Farm Service Agency
farm business plans;
``(V) models that estimate cash rents, such as models that
use returns to estimate crop production or land value data;
or
``(VI) other documentation, as determined by the Secretary.
``(iii) Notification.--Not less than 14 days prior to the
announcement of new or revised soil rental rates, the
Secretary shall offer a briefing to the Chairman and Ranking
Member of the Committee on Agriculture of the House of
Representatives and the Chairman and Ranking Member of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, including information on and the rationale for the
alternative rates proposed under clause (i) that were
accepted or rejected.
``(E) Rental rate limitation.--Notwithstanding forest
management incentive payments described in subsection (c),
the county average soil rental rate (before any adjustments
relating to specific practices, wellhead protection, or soil
productivity) shall not exceed--
``(i) 85 percent of the estimated rental rate determined
under this paragraph for general enrollment; or
``(ii) 90 percent of the estimated rental rate determined
under this paragraph for continuous enrollment.''.
(d) Payment Limitation for Rental Payments.--Section
1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g))
is amended--
(1) in paragraph (1), by striking ``The total'' and
inserting ``Except as provided in paragraph (2), the total'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Wellhead protection.--Paragraph (1) and section
1001D(b) shall not apply to rental payments received by a
rural water district or association for land that is enrolled
under this subchapter for the purpose of protecting a
wellhead.''.
SEC. 2208. CONTRACTS.
(a) Transition Option for Certain Farmers or Ranchers.--
Section 1235(f) of the Food Security Act of 1985 (16 U.S.C.
3835(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``retired farmer or rancher'' and inserting ``contract
holder'';
(B) by striking ``retired or retiring owner or operator''
each place it appears and inserting ``contract holder'';
(C) in subparagraph (A), in the matter preceding clause
(i), by striking ``1 year'' and inserting ``2 years'';
(D) in subparagraph (B), by inserting ``, including a lease
with a term of less than 5 years and an option to purchase''
after ``option to purchase'';
(E) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(F) by redesignating subparagraph (E) as subparagraph (F);
and
(G) by inserting after subparagraph (D) the following:
``(E) give priority to the enrollment of the land covered
by the contract in--
``(i) the environmental quality incentives program
established under subchapter A of chapter 4;
``(ii) the conservation stewardship program established
under subchapter B of chapter 4; or
``(iii) the agricultural conservation easement program
established under subtitle H; and''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``The Secretary'' and inserting ``To the extent that the
maximum number of acres permitted to be enrolled under the
conservation reserve program has not been met, the
Secretary''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A)(i) is carried out on land described in paragraph (4)
or (5) of section 1231(b); and
``(ii) is eligible for continuous enrollment under section
1231(d)(6); and''.
(b) End of Contract Considerations.--Section 1235(g) of the
Food Security Act of 1985 (16 U.S.C. 3835(g)) is amended to
read as follows:
``(g) End of Contract Considerations.--The Secretary shall
not consider an owner or operator to be in violation of a
term or condition of the conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the owner or operator--
``(A)(i) enters into a contract under the environmental
quality incentives program established under subchapter A of
chapter 4; and
``(ii) begins the establishment of a practice under that
contract; or
``(B)(i) enters into a contract under the conservation
stewardship program established under subchapter B of chapter
4; and
``(ii) begins the establishment of a practice under that
contract; or
``(2) during the 3 years prior to the expiration of the
contract, the owner or operator begins the certification
process under the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.).''.
SEC. 2209. ELIGIBLE LAND; STATE LAW REQUIREMENTS.
The Secretary shall revise paragraph (4) of section
1410.6(d) of title 7, Code of Federal Regulations, to provide
that land enrolled under a Conservation Reserve Enhancement
Program agreement initially established before January 1,
2014 (including an amended or successor Conservation Reserve
Enhancement Program agreement, as determined by the
Secretary), shall not be ineligible for enrollment in the
conservation reserve program established under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if
the Deputy Administrator (as defined in section 1410.2(b) of
title 7, Code of Federal Regulations (or successor
regulations)), on recommendation from and in consultation
with the applicable State technical committee established
under section 1261(a) of the Food Security Act of 1985 (16
U.S.C. 3861(a)) determines, under such terms and conditions
as the Deputy Administrator, in consultation with the State
technical committee, determines to be appropriate, that
making that land eligible for enrollment in that program is
not contrary to the purposes of that program.
Subtitle C--Environmental Quality Incentives Program and Conservation
Stewardship Program
SEC. 2301. REPEAL OF CONSERVATION PROGRAMS.
(a) In General.--Chapter 4 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is
amended--
(1) by striking the chapter designation and heading and
inserting the following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION
STEWARDSHIP PROGRAM
``Subchapter A--Environmental Quality Incentives Program''; and
(2) by inserting after section 1240H the following:
``Subchapter B--Conservation Stewardship Program''.
(b) Conservation Stewardship Program.--Subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) is amended--
(1) by redesignating sections 1238D through 1238G as
sections 1240I through 1240L, respectively; and
(2) by moving sections 1240I through 1240L (as so
redesignated) so as to appear after the subchapter heading
for subchapter B of chapter 4 of subtitle D of title XII of
that Act (as added by subsection (a)(2)).
(c) Repeal.--
(1) In general.--Chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as
amended by subsection (b)) is repealed.
(2) Termination of conservation stewardship program.--
Effective on the date of enactment of this Act, the
conservation stewardship
[[Page H9840]]
program under subchapter B of chapter 2 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3838d
et seq.) (as in effect on the day before the date of
enactment of this Act) shall cease to be effective.
(3) Transitional provisions.--
(A) Effect on existing contracts and agreements.--The
cessation of effectiveness under paragraph (2) shall not
affect--
(i) the validity or terms of any contract entered into by
the Secretary under subchapter B of chapter 2 of subtitle D
of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) before the date of enactment of this Act, or
any payments, modifications, or technical assistance required
to be made in connection with the contract; or
(ii) subject to subparagraph (D), any agreement entered
into by the Secretary under the regional conservation
partnership program under subtitle I of title XII of the Food
Security Act of 1985 (16 U.S.C. 3871 et seq.) on or before
September 30, 2018, under which conservation stewardship
program acres and associated funding have been allocated to
the agreement for the purpose of entering into a contract
under subchapter B of chapter 2 of subtitle D of title XII of
that Act (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act).
(B) Extension permitted.--Notwithstanding paragraph (2),
the Secretary may extend for 1 year a contract described in
subparagraph (A)(i) if that contract expires on or before
December 31, 2019, under the terms and payment rate of the
existing contract and in accordance with subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act).
(C) Renewal not permitted.--
(i) In general.--Notwithstanding subparagraph (A), and
subject to clause (ii), the Secretary may not renew a
contract or agreement described in that subparagraph.
(ii) Exception.--The Secretary may renew a contract
described in subparagraph (A)(i)--
(I) if that contract expires on or after December 31, 2019;
(II) under the terms of the conservation stewardship
program under subchapter B of chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (as added by
subsections (a)(2) and (b)); and
(III) subject to the limitation on funding for that
subchapter under section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841).
(D) RCPP contracts.--
(i) Treatment of acreage.--In the case of an agreement
described in subparagraph (A)(ii), the Secretary may provide
an amount of funding that is equivalent to the value of any
acres covered by the agreement.
(ii) Funds and acres not obligated.--In the case of an
agreement described in subparagraph (A)(ii) to which program
acres and associated funding have been allocated but not yet
obligated to enter into a contract under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act)--
(I) the Secretary shall modify the agreement to authorize
the entrance into a contract under subchapter B of chapter 4
of subtitle D of title XII of the Food Security Act of 1985
(as added by subsections (a)(2) and (b)); and
(II) the funds associated with the conservation stewardship
program acres allocated under that agreement, on modification
under subclause (I), may be used to enter into conservation
stewardship program contracts with producers under subchapter
B of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (as added by subsections (a)(2) and
(b)).
(4) Contract administration.--Subject to paragraphs (3)(C)
and (3)(D)(ii)(II), the Secretary shall administer each
contract and agreement described in clauses (i) and (ii) of
paragraph (3)(A) until the expiration of the contract or
agreement in accordance with the regulations to carry out the
conservation stewardship program under subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act) that are in effect
on the day before that date of enactment.
(5) Funding.--Notwithstanding paragraphs (1) and (2), any
funds made available from the Commodity Credit Corporation
under section 1241(a)(4) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall
be available to carry out--
(A) any contract or agreement described in paragraph
(3)(A)(i) for fiscal year 2019;
(B) any contract or agreement described in paragraph
(3)(A)(ii);
(C) any contract extended under paragraph (3)(B); and
(D) any contract or agreement under subchapter B of chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(as added by subsections (a)(2) and (b)).
(d) Conforming Amendments.--
(1) Food security act of 1985.--
(A) Section 1211(a)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3811(a)(3)(A)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
(B) Section 1221(b)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3821(b)(3)(A)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
(C) Section 1240J(b)(1) of the Food Security Act of 1985
(as redesignated by subsection (b)(1)) is amended by striking
subparagraph (C).
(D) Section 1240 of the Food Security Act of 1985 (16
U.S.C. 3839aa) is amended in the matter preceding paragraph
(1) by striking ``chapter'' and inserting ``subchapter''.
(E) Section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1) is amended by striking ``chapter'' each
place it appears and inserting ``subchapter''.
(F) Section 1240B(i)(2)(B) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(i)(2)(B)) is amended by striking
``chapter'' and inserting ``subchapter''.
(G) Section 1240C(b) of the Food Security Act of 1985 (16
U.S.C. 3839aa-3(b)) is amended in the matter preceding
paragraph (1) by striking ``chapter'' and inserting
``subchapter''.
(H) Section 1240E(b)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa-5(b)(2)) is amended by striking ``chapter''
and inserting ``subchapter''.
(I) Section 1240G of the Food Security Act of 1985 (16
U.S.C. 3839aa-7) is amended by striking ``chapter'' each
place it appears and inserting ``subchapter''.
(J) Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa-8) is amended by striking ``chapter'' each
place it appears and inserting ``subchapter''.
(K) Section 1244(c)(3) of the Food Security Act of 1985 (16
U.S.C. 3844(c)(3)) is amended by inserting ``subchapter A
of'' before ``chapter 4''.
(L) Section 1244(l) of the Food Security Act of 1985 (16
U.S.C. 3844(l)) is amended--
(i) by striking ``chapter 2'' and inserting ``chapter 4'';
and
(ii) by inserting ``subchapter A of'' after ``incentives
program under''.
(2) Other laws.--
(A) Section 344(f)(8) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1344(f)(8)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
(B) Section 377 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1377) is amended by inserting ``subchapter A of''
before ``chapter 4''.
(C) Paragraph (1) of the last proviso of the matter under
the heading ``conservation reserve program'' under the
heading ``Soil Bank Programs'' of title I of the Department
of Agriculture and Farm Credit Administration Appropriation
Act, 1959 (7 U.S.C. 1831a), is amended by inserting
``subchapter A of'' before ``chapter 4''.
(D) Section 8(b)(1) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(1)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(C)) is amended by inserting ``subchapter A of''
before ``chapter 4''.
(F) Section 304(a)(1) of the Lake Champlain Special
Designation Act of 1990 (33 U.S.C. 1270 note; Public Law 101-
596) is amended by inserting ``subchapter A of'' before
``chapter 4''.
(G) Section 202(c) of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592(c)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
SEC. 2302. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM.
Section 1240 of the Food Security Act of 1985 (16 U.S.C.
3839aa) is amended by striking paragraph (4) and inserting
the following:
``(4) assisting producers to make beneficial, cost-
effective changes to production systems, including addressing
identified, new, or expected resource concerns related to
organic production, grazing management, fuels management,
forest management, nutrient management associated with crops
and livestock, pest management, irrigation management,
adapting to, and mitigating against, increasing weather
volatility, drought resiliency measures, or other practices
on agricultural and forested land.''.
SEC. 2303. DEFINITIONS UNDER ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM.
Section 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa-1) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4) and (5)
as paragraphs (2), (4), (5), (6), and (8), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Conservation planning assessment.--The term
`conservation planning assessment' means a report, as
determined by the Secretary, that--
``(A) is developed by--
``(i) a State or unit of local government (including a
conservation district);
``(ii) a Federal agency; or
``(iii) a third-party provider certified under section
1242(e) (including a certified rangeland professional);
``(B) assesses rangeland or cropland function and describes
conservation activities to enhance the economic and
ecological management of that land; and
``(C) can be incorporated into a comprehensive planning
document required by the Secretary for enrollment in a
conservation program of the Department of Agriculture.'';
(3) in paragraph (2) (as so redesignated), in subparagraph
(B)(vi)--
(A) by inserting ``environmentally sensitive areas,'' after
``marshes,''; and
(B) by inserting ``identified or expected'' before
``resource concerns'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Incentive practice.--The term `incentive practice'
means a practice or set of practices approved by the
Secretary that, when implemented and maintained on eligible
land, address 1 or more priority resource concerns.'';
(5) in paragraph (6) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) by redesignating clause (v) as clause (vii); and
(iii) by inserting after clause (iv) the following:
``(v) soil testing;
``(vi) soil remediation to be carried out by the producer;
and''; and
[[Page H9841]]
(B) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) by redesignating clause (ii) as clause (vi); and
(iii) by inserting after clause (i) the following:
``(ii) planning for resource-conserving crop rotations (as
defined in section 1240L(d)(1));
``(iii) soil health planning, including increasing soil
organic matter and the use of cover crops;
``(iv) a conservation planning assessment;
``(v) precision conservation management planning; and'';
(6) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or
problem, as determined by the Secretary, that--
``(A) is identified at the national, State, or local level
as a priority for a particular area of a State; and
``(B) represents a significant concern in a State or
region.''; and
(7) by adding at the end the following:
``(9) Soil remediation.--The term `soil remediation' means
scientifically based practices that--
``(A) ensure the safety of producers from contaminants in
soil;
``(B) limit contaminants in soil from entering agricultural
products for human or animal consumption; and
``(C) regenerate and sustain the soil.
``(10) Soil testing.--The term `soil testing' means the
evaluation of soil health, including testing for--
``(A) the optimal level of constituents in the soil, such
as organic matter, nutrients, and the potential presence of
soil contaminants, including heavy metals, volatile organic
compounds, polycyclic aromatic hydrocarbons, or other
contaminants; and
``(B) the biological and physical characteristics
indicative of proper soil functioning.''.
SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM.
(a) Establishment.--Section 1240B(a) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(a)) is amended by striking
``2019'' and inserting ``2023''.
(b) Payments.--Section 1240B(d) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(d)) is amended--
(1) in paragraph (4)(B)--
(A) in clause (i)--
(i) by striking ``Not more than'' and inserting ``On an
election by a producer described in subparagraph (A), the
Secretary shall provide at least'';
(ii) by striking ``may be provided''; and
(iii) by striking ``the purpose of'' and inserting ``all
costs related to''; and
(B) by adding at the end the following:
``(iii) Notification and documentation.--The Secretary
shall--
``(I) notify each producer described in subparagraph (A),
at the time of enrollment in the program, of the option to
receive advance payments under clause (i); and
``(II) document the election of each producer described in
subparagraph (A) to receive advance payments under clause (i)
with respect to each practice that has costs described in
that clause.''; and
(2) by adding at the end the following:
``(7) Increased payments for high-priority practices.--
``(A) State determination.--Each State, in consultation
with the State technical committee established under section
1261(a) for the State, may designate not more than 10
practices to be eligible for increased payments under
subparagraph (B), on the condition that the practice, as
determined by the Secretary--
``(i) addresses specific causes of impairment relating to
excessive nutrients in groundwater or surface water;
``(ii) addresses the conservation of water to advance
drought mitigation and declining aquifers;
``(iii) meets other environmental priorities and other
priority resource concerns identified in habitat or other
area restoration plans; or
``(iv) is geographically targeted to address a natural
resource concern in a specific watershed.
``(B) Increased payments.--Notwithstanding paragraph (2),
in the case of a practice designated under subparagraph (A),
the Secretary may increase the amount that would otherwise be
provided for a practice under this subsection to not more
than 90 percent of the costs associated with planning,
design, materials, equipment, installation, labor,
management, maintenance, or training.''.
(c) Allocation of Funding.--Section 1240B(f) of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(B) by striking ``60'' and inserting ``50''; and
(C) by striking ``production.'' and inserting ``production,
including grazing management practices.''; and
(2) in paragraph (2)--
(A) by striking ``For each'' and inserting the following:
``(A) Fiscal years 2014 through 2018.--For each''; and
(B) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--For each of fiscal
years 2019 through 2023, at least 10 percent of the funds
made available for payments under the program shall be
targeted at practices benefitting wildlife habitat under
subsection (g).''.
(d) Wildlife Habitat Incentive Program.--Section 1240B(g)
of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is
amended by adding at the end the following:
``(3) Maximum term.--In the case of a contract under the
program entered into solely for the establishment of 1 or
more annual management practices for the benefit of wildlife
as described in paragraph (1), notwithstanding any maximum
contract term established by the Secretary, the contract
shall have a term that does not exceed 10 years.
``(4) Included practices.--For the purpose of providing
seasonal wetland habitat for waterfowl and migratory birds, a
practice that is eligible for payment under paragraph (1) and
targeted for funding under subsection (f) may include--
``(A) a practice to carry out postharvest flooding; or
``(B) a practice to maintain the hydrology of temporary and
seasonal wetlands of not more than 2 acres to maintain
waterfowl and migratory bird habitat on working cropland.''.
(e) Water Conservation or Irrigation Efficiency Practice.--
Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C.
3839aa-2(h)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Availability of payments.--The Secretary may provide
water conservation and system efficiency payments under this
subsection to an entity described in paragraph (2) or a
producer for--
``(A) water conservation scheduling, water distribution
efficiency, soil moisture monitoring, or an appropriate
combination thereof;
``(B) irrigation-related structural or other measures that
conserve surface water or groundwater, including managed
aquifer recovery practices; or
``(C) a transition to water-conserving crops, water-
conserving crop rotations, or deficit irrigation.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Eligibility of certain entities.--
``(A) In general.--Notwithstanding section 1001(f)(6), the
Secretary may enter into a contract under this subsection
with a State, irrigation district, groundwater management
district, acequia, land-grant mercedes, or similar entity
under a streamlined contracting process to implement water
conservation or irrigation practices under a watershed-wide
project that will effectively conserve water, provide fish
and wildlife habitat, or provide for drought-related
environmental mitigation, as determined by the Secretary.
``(B) Implementation.--Water conservation or irrigation
practices that are the subject of a contract entered into
under subparagraph (A) shall be implemented on--
``(i) eligible land of a producer; or
``(ii) land that is--
``(I) under the control of an irrigation district,
groundwater management district, acequia, land-grant
mercedes, or similar entity; and
``(II) adjacent to eligible land described in clause (i),
as determined by the Secretary.
``(C) Waiver authority.--The Secretary may waive the
applicability of the limitations in section 1001D(b) or
section 1240G for a payment made under a contract entered
into under this paragraph if the Secretary determines that
the waiver is necessary to fulfill the objectives of the
project.
``(D) Contract limitations.--If the Secretary grants a
waiver under subparagraph (C), the Secretary may impose a
separate payment limitation for the contract with respect to
which the waiver applies.'';
(4) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``to a producer'' and inserting ``under this subsection'';
(B) in subparagraph (A), by striking ``the eligible land of
the producer is located, there is a reduction in water use in
the operation of the producer'' and inserting ``the land on
which the practices will be implemented is located, there is
a reduction in water use in the operation on that land''; and
(C) in subparagraph (B), by inserting ``except in the case
of an application under paragraph (2),'' before ``the
producer agrees''; and
(5) by adding at the end the following:
``(4) Effect.--Nothing in this subsection authorizes the
Secretary to modify the process for determining the annual
allocation of funding to States under the program.''.
(f) Payments for Conservation Practices Related to Organic
Production.--Section 1240B(i)(3) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(i)(3)) is amended--
(1) in the first sentence, by striking ``Payments'' and
inserting the following:
``(A) In general.--Payments'';
(2) in the second sentence, by striking ``In applying these
limitations'' and inserting the following:
``(B) Technical assistance.--In applying the limitations
under subparagraph (A)''; and
(3) in subparagraph (A) (as so designated)--
(A) by striking ``aggregate, $20,000 per year or $80,000
during any 6-year period.'' and inserting the following:
``aggregate--
``(i) through fiscal year 2018--
``(I) $20,000 per year; or
``(II) $80,000 during any 6-year period; and''; and
(B) by adding at the end the following:
``(ii) during the period of fiscal years 2019 through 2023,
$140,000.''.
(g) Conservation Incentive Contracts.--Section 1240B of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by
adding at the end the following:
``(j) Conservation Incentive Contracts.--
``(1) Identification of eligible priority resource concerns
for states.--
``(A) In general.--The Secretary, in consultation with the
applicable State technical committee established under
section 1261(a), shall
[[Page H9842]]
identify watersheds (or other appropriate regions or areas
within a State) and the corresponding priority resource
concerns for those watersheds or other regions or areas that
are eligible to be the subject of an incentive contract under
this subsection.
``(B) Limitation.--For each of the relevant land uses
within the watersheds, regions, or other areas identified
under subparagraph (A), the Secretary shall identify not more
than 3 eligible priority resource concerns.
``(2) Contracts.--
``(A) Authority.--
``(i) In general.--The Secretary shall enter into contracts
with producers under this subsection that require the
implementation, adoption, management, and maintenance of
incentive practices that effectively address at least 1
eligible priority resource concern identified under paragraph
(1) for the term of the contract.
``(ii) Inclusions.--Through a contract entered into under
clause (i), the Secretary may provide--
``(I) funding, through annual payments, for certain
incentive practices to attain increased levels of
conservation on eligible land; or
``(II) assistance, through a practice payment, to implement
an incentive practice.
``(B) Term.--A contract under this subsection shall have a
term of not less than 5, and not more than 10, years.
``(C) Prioritization.--Notwithstanding section 1240C, the
Secretary shall develop criteria for evaluating incentive
practice applications that--
``(i) give priority to applications that address eligible
priority resource concerns identified under paragraph (1);
and
``(ii) evaluate applications relative to other applications
for similar agriculture and forest operations.
``(3) Incentive practice payments.--
``(A) In general.--The Secretary shall provide payments to
producers through contracts entered into under paragraph (2)
for--
``(i) adopting and installing incentive practices; and
``(ii) managing, maintaining, and improving the incentive
practices for the duration of the contract, as determined
appropriate by the Secretary.
``(B) Payment amounts.--In determining the amount of
payments under subparagraph (A), the Secretary shall
consider, to the extent practicable--
``(i) the level and extent of the incentive practice to be
installed, adopted, completed, maintained, managed, or
improved;
``(ii) the cost of the installation, adoption, completion,
management, maintenance, or improvement of the incentive
practice;
``(iii) income foregone by the producer, including
payments, as appropriate, to address--
``(I) increased economic risk;
``(II) loss in revenue due to anticipated reductions in
yield; and
``(III) economic losses during transition to a resource-
conserving cropping system or resource-conserving land use;
and
``(iv) the extent to which compensation would ensure long-
term continued maintenance, management, and improvement of
the incentive practice.
``(C) Delivery of payments.--In making payments under
subparagraph (A), the Secretary shall, to the extent
practicable--
``(i) in the case of annual payments under paragraph
(2)(A)(ii)(I), make those payments as soon as practicable
after October 1 of each fiscal year for which increased
levels of conservation are maintained during the term of the
contract; and
``(ii) in the case of practice payments under paragraph
(2)(A)(ii)(II), make those payments as soon as practicable on
the implementation of an incentive practice.''.
SEC. 2305. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3839aa-5(a)(3)) is amended by inserting
``progressive'' before ``implementation''.
SEC. 2306. LIMITATION ON PAYMENTS UNDER ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
Section 1240G of the Food Security Act of 1985 (16 U.S.C.
3839aa-7) is amended--
(1) by striking ``A person'' and inserting ``Not including
payments made under section 1240B(j), a person''; and
(2) by inserting ``or the period of fiscal years 2019
through 2023,'' after ``2018,''.
SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) Competitive Grants for Innovative Conservation
Approaches.--Section 1240H(a)(2) of the Food Security Act of
1985 (16 U.S.C. 3839aa-8(a)(2)) is amended--
(1) in subparagraph (A), by striking ``program;'' and
inserting ``program or community colleges (as defined in
section 1473E(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319e(a))) carrying out demonstration projects on land of the
community college;'';
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively; and
(3) by inserting after subparagraph (D) the following:
``(E) partner with farmers to develop innovative practices
for urban, indoor, or other emerging agricultural operations;
``(F) utilize edge-of-field and other monitoring practices
on farms--
``(i) to quantify the impacts of practices implemented
under the program; and
``(ii) to assist producers in making the best conservation
investments for the operations of the producers;''.
(b) Air Quality Concerns From Agricultural Operations.--
Section 1240H(b)(2) of the Food Security Act of 1985 (16
U.S.C. 3839aa-8(b)(2)) is amended by striking ``$25,000,000
for each of fiscal years 2009 through 2018'' and inserting
``$37,500,000 for each of fiscal years 2019 through 2023''.
(c) On-Farm Conservation Innovation Trials; Reporting and
Database.--Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa-8) is amended by striking subsection (c) and
inserting the following:
``(c) On-Farm Conservation Innovation Trials.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means,
as determined by the Secretary--
``(i) a third-party private entity the primary business of
which is related to agriculture;
``(ii) a nongovernmental organization with experience
working with agricultural producers; or
``(iii) a governmental organization.
``(B) New or innovative conservation approach.--The term
`new or innovative conservation approach' means--
``(i) new or innovative--
``(I) precision agriculture technologies;
``(II) enhanced nutrient management plans, nutrient
recovery systems, and fertilization systems;
``(III) soil health management systems, including systems
to increase soil carbon levels;
``(IV) water management systems;
``(V) resource-conserving crop rotations (as defined in
section 1240L(d)(1));
``(VI) cover crops; and
``(VII) irrigation systems; and
``(ii) any other conservation approach approved by the
Secretary as new or innovative.
``(2) Testing new or innovative conservation approaches.--
Using $25,000,000 of the funds made available to carry out
this subchapter for each of fiscal years 2019 through 2023,
the Secretary shall carry out on-farm conservation innovation
trials, on eligible land of producers, to test new or
innovative conservation approaches--
``(A) directly with producers; or
``(B) through eligible entities.
``(3) Incentive payments.--
``(A) Agreements.--In carrying out paragraph (2), the
Secretary shall enter into agreements with producers (either
directly or through eligible entities) on whose land an on-
farm conservation innovation trial is being carried out to
provide payments (including payments to compensate for
foregone income, as appropriate to address the increased
economic risk potentially associated with new or innovative
conservation approaches) to the producers to assist with
adopting and evaluating new or innovative conservation
approaches to achieve conservation benefits.
``(B) Adjusted gross income requirements.--
``(i) In general.--Adjusted gross income requirements under
section 1001D(b)(1) shall--
``(I) apply to producers receiving payments under this
subsection; and
``(II) be enforced by the Secretary.
``(ii) Reporting.--An eligible entity participating in an
on-farm conservation innovation trial under this subsection
shall report annually to the Secretary on the amount of
payments made to individual farm operations under this
subsection.
``(C) Limitation on administrative expenses.--None of the
funds made available to carry out this subsection may be used
to pay for the administrative expenses of an eligible entity.
``(D) Length of agreements.--An agreement entered into
under subparagraph (A) shall be for a period determined by
the Secretary that is--
``(i) not less than 3 years; and
``(ii) if appropriate, more than 3 years, including if such
a period is appropriate to support--
``(I) adaptive management over multiple crop years; and
``(II) adequate data collection and analysis by a producer
or eligible entity to report the natural resource and
agricultural production benefits of the new or innovative
conservation approaches to the Secretary.
``(4) Flexible adoption.--The scale of adoption of a new or
innovative conservation approach under an on-farm
conservation innovation trial under an agreement under
paragraph (2) may include multiple scales on an operation,
including whole farm, field-level, or sub-field scales.
``(5) Technical assistance.--The Secretary shall provide
technical assistance--
``(A) to each producer or eligible entity participating in
an on-farm conservation innovation trial under paragraph (2)
with respect to the design, installation, and management of
the new or innovative conservation approaches; and
``(B) to each eligible entity participating in an on-farm
conservation innovation trial under paragraph (2) with
respect to data analyses of the on-farm conservation
innovation trial.
``(6) Geographic scope.--The Secretary shall identify a
diversity of geographic regions of the United States in which
to establish on-farm conservation innovation trials under
paragraph (2), taking into account factors such as soil type,
cropping history, and water availability.
``(7) Soil health demonstration trial.--Using funds made
available to carry out this subsection, the Secretary shall
carry out a soil health demonstration trial under which the
Secretary coordinates with eligible entities--
``(A) to provide incentives to producers to implement
conservation practices that--
``(i) improve soil health;
``(ii) increase carbon levels in the soil; or
``(iii) meet the goals described in clauses (i) and (ii);
``(B) to establish protocols for measuring carbon levels in
the soil and testing carbon levels on land where conservation
practices described
[[Page H9843]]
in subparagraph (A) were applied to evaluate gains in soil
health as a result of the practices implemented by the
producers in the soil health demonstration trial; and
``(C)(i) not later than September 30, 2020, to initiate a
study regarding changes in soil health and, if feasible,
economic outcomes, generated as a result of the conservation
practices described in subparagraph (A) that were applied by
producers through the soil health demonstration trial; and
``(ii) to submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate annual reports on the
progress and results of the study under clause (i).
``(d) Reporting and Database.--
``(1) Report required.--Not later than September 30, 2019,
and every 2 years thereafter, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the status of activities funded under
this section, including--
``(A) funding awarded;
``(B) results of the activities, including, if feasible,
economic outcomes;
``(C) incorporation of findings from the activities, such
as new technology and innovative approaches, into the
conservation efforts implemented by the Secretary; and
``(D) on completion of the study required under subsection
(c)(7)(C), the findings of the study.
``(2) Conservation practice database.--
``(A) In general.--The Secretary shall use the data
reported under paragraph (1) to establish and maintain a
publicly available conservation practice database that
provides--
``(i) a compilation and analysis of effective conservation
practices for soil health, nutrient management, and source
water protection in varying soil compositions, cropping
systems, slopes, and landscapes; and
``(ii) a list of recommended new and effective conservation
practices.
``(B) Privacy.--Information provided under subparagraph (A)
shall be transformed into a statistical or aggregate form so
as to not include any identifiable or personal information of
individual producers.''.
SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM.
(a) Definitions.--Section 1240I of the Food Security Act of
1985 (as redesignated by section 2301(b)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iii) development of a comprehensive conservation plan,
as defined in section 1240L(e)(1);
``(iv) soil health planning, including planning to increase
soil organic matter; and
``(v) activities that will assist a producer to adapt to,
or mitigate against, increasing weather volatility.''; and
(2) in paragraph (7), by striking the period at the end and
inserting the following: ``through the use of--
``(A) quality criteria under a resource management system;
``(B) predictive analytics tools or models developed or
approved by the Natural Resources Conservation Service;
``(C) data from past and current enrollment in the program;
and
``(D) other methods that measure conservation and
improvement in priority resource concerns, as determined by
the Secretary.''.
(b) Conservation Stewardship Program.--
(1) Establishment.--Subsection (a) of section 1240J of the
Food Security Act of 1985 (as redesignated by section
2301(b)) is amended in the matter preceding paragraph (1) by
striking ``2014 through 2018'' and inserting ``2019 through
2023''.
(2) Exclusions.--Subsection (b)(2) of section 1240J of the
Food Security Act of 1985 (as redesignated by section
2301(b)) is amended in the matter preceding paragraph (1) by
striking ``the Agricultural Act of 2014'' and inserting the
``Agriculture Improvement Act of 2018''.
(c) Stewardship Contracts.--Section 1240K of the Food
Security Act of 1985 (as redesignated by section 2301(b)) is
amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Ranking of applications.--
``(A) In general.--In evaluating contract offers submitted
under subsection (a) and contract renewals under subsection
(e), the Secretary shall rank applications based on--
``(i) the natural resource conservation and environmental
benefits that result from the conservation treatment on all
applicable priority resource concerns at the time of
submission of the application;
``(ii) the degree to which the proposed conservation
activities increase natural resource conservation and
environmental benefits; and
``(iii) other consistent criteria, as determined by the
Secretary.
``(B) Additional criterion.--If 2 or more applications
receive the same ranking under subparagraph (A), the
Secretary shall rank those contracts based on the extent to
which the actual and anticipated conservation benefits from
each contract are provided at the lowest cost relative to
other similarly beneficial contract offers.'';
(2) in subsection (c)--
(A) by striking ``the program under subsection (a)'' and
inserting ``a contract or contract renewal under this
section'';
(B) by inserting ``or contract renewal'' before ``offer
ranks'';
(C) by inserting ``or contract renewal'' after
``stewardship contract''; and
(D) by adding ``or contract renewal'' before the period at
the end;
(3) in subsection (d)(2)(A), by striking ``1238G(d)'' and
inserting ``1240L(c)''; and
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``At
the end'' and all that follows through ``period'' the second
place it appears and inserting the following: ``The Secretary
may provide the producer an opportunity to renew an existing
contract in the first half of the fifth year of the contract
period'';
(B) in paragraph (1), by striking ``initial'' and inserting
``existing'';
(C) in paragraph (2)--
(i) by inserting ``new or improved'' after ``integrate'';
and
(ii) by inserting ``demonstrating continued improvement
during the additional 5-year period,'' after ``operation,'';
and
(D) in paragraph (3)(B), by striking ``to exceed the
stewardship threshold of'' and inserting ``to adopt or
improve conservation activities, as determined by the
Secretary, to achieve higher levels of performance with
respect to not less than''.
(d) Duties of Secretary.--Section 1240L of the Food
Security Act of 1985 (as redesignated by section 2301(b)) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``acres'' and inserting ``funding'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively;
(4) in subsection (c) (as so redesignated), by adding at
the end the following:
``(5) Payment for cover crop activities.--The amount of a
payment under this subsection for cover crop activities shall
be not less than 125 percent of the annual payment amount
determined by the Secretary under paragraph (2).'';
(5) in subsection (d) (as so redesignated)--
(A) in the subsection heading, by inserting ``and Advanced
Grazing Management'' after ``Rotations'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1) and (4) as paragraphs
(2) and (1), respectively, and moving the paragraphs so as to
appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (D) and (E)
as clauses (i) through (iv) and (vi), respectively, and
indenting appropriately;
(ii) by striking the paragraph designation and all that
follows through ``the term'' in the matter preceding clause
(i) (as so redesignated) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Advanced grazing management.--The term `advanced
grazing management' means the use of a combination of grazing
practices (as determined by the Secretary), which may include
management-intensive rotational grazing, that provide for--
``(i) improved soil health and carbon sequestration;
``(ii) drought resilience;
``(iii) wildlife habitat;
``(iv) wildfire mitigation;
``(v) control of invasive plants; and
``(vi) water quality improvement.
``(B) Management-intensive rotational grazing.--The term
`management-intensive rotational grazing' means a strategic,
adaptively managed multipasture grazing system in which
animals are regularly and systematically moved to fresh
pasture in a manner that--
``(i) maximizes the quantity and quality of forage growth;
``(ii) improves manure distribution and nutrient cycling;
``(iii) increases carbon sequestration from greater forage
harvest;
``(iv) improves the quality and quantity of cover for
wildlife;
``(v) provides permanent cover to protect the soil from
erosion; and
``(vi) improves water quality.
``(C) Resource-conserving crop rotation.--The term''; and
(iii) in subparagraph (C) (as so designated)--
(I) in clause (iv) (as so redesignated), by striking
``and'' at the end; and
(II) by inserting after clause (iv) (as so redesignated)
the following:
``(v) builds soil organic matter; and'';
(E) in paragraph (2) (as so redesignated), by striking
``improve resource-conserving'' and all that follows through
the period at the end and inserting the following: ``improve,
manage, and maintain--
``(A) resource-conserving crop rotations; or
``(B) advanced grazing management.'';
(F) in paragraph (3)--
(i) by striking ``paragraph (1)'' and inserting ``paragraph
(2)''; and
(ii) by striking ``and maintain'' and all that follows
through the period at the end and inserting ``or improve,
manage, and maintain resource-conserving crop rotations or
advanced grazing management for the term of the contract.'';
and
(G) by adding at the end the following:
``(4) Amount of payment.--An additional payment provided
under paragraph (2) shall be not less than 150 percent of the
annual payment amount determined by the Secretary under
subsection (c)(2).'';
(6) by inserting after subsection (d) (as so redesignated)
the following:
``(e) Payment for Comprehensive Conservation Plan.--
``(1) Definition of comprehensive conservation plan.--In
this subsection, the term `comprehensive conservation plan'
means a conservation plan that meets or exceeds the
stewardship threshold for each priority resource concern
identified by the Secretary under subsection (a)(2).
``(2) Payment for comprehensive conservation plan.--The
Secretary shall provide a 1-
[[Page H9844]]
time payment to a producer that develops a comprehensive
conservation plan.
``(3) Amount of payment.--The Secretary shall determine the
amount of payment under paragraph (2) based on--
``(A) the number of priority resource concerns addressed in
the comprehensive conservation plan; and
``(B) the number of types of land uses included in the
comprehensive conservation plan.'';
(7) in subsection (f), by striking ``2014 through 2018''
and inserting ``2019 through 2023'';
(8) in subsection (h)--
(A) by striking the subsection designation and heading and
all that follows through ``The Secretary'' and inserting the
following:
``(h) Organic Certification.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Allocation.--
``(A) In general.--Using funds made available for the
program for each of fiscal years 2019 through 2023, the
Secretary shall allocate funding to States to support organic
production and transition to organic production through
paragraph (1).
``(B) Determination.--The Secretary shall determine the
allocation to a State under subparagraph (A) based on--
``(i) the number of certified and transitioning organic
operations within the State; and
``(ii) the number of acres of certified and transitioning
organic production within the State.''; and
(9) by adding at the end the following:
``(j) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and
coordinated procedures for the program and the environmental
quality incentives program under subchapter A, including
applications, contracting, conservation planning,
conservation practices, and related administrative
procedures.
``(k) Soil Health.--To the maximum extent feasible, the
Secretary shall manage the program to enhance soil health.
``(l) Annual Report.--Each fiscal year, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the payment
rates for conservation activities offered to producers under
the program and an analysis of whether payment rates can be
reduced for the most expensive conservation activities.''.
SEC. 2309. GRASSLAND CONSERVATION INITIATIVE.
Subchapter B of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (as added by subsections (a)(2) and
(b) of section 2301) is amended by adding at the end the
following:
``SEC. 1240L-1. GRASSLAND CONSERVATION INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible land.--Notwithstanding sections 1240I(4) and
1240J(b)(2), the term `eligible land' means cropland on a
farm for which base acres have been maintained by the
Secretary under section 1112(d)(3) of the Agricultural Act of
2014 (7 U.S.C. 9012(d)(3)).
``(2) Initiative.--The term `initiative' means the
grassland conservation initiative established under
subsection (b).
``(b) Establishment and Purpose.--The Secretary shall
establish within the program a grassland conservation
initiative for the purpose of assisting producers in
protecting grazing uses, conserving and improving soil,
water, and wildlife resources, and achieving related
conservation values by conserving eligible land through
grassland conservation contracts under subsection (e).
``(c) Election.--Beginning in fiscal year 2019, the
Secretary shall provide a 1-time election to enroll eligible
land in the initiative under a contract described in
subsection (e).
``(d) Method of Enrollment.--The Secretary shall--
``(1) notwithstanding subsection (b) of section 1240K,
determine under subsection (c) of that section that eligible
land ranks sufficiently high under the evaluation criteria
described in subsection (b) of that section; and
``(2) enroll the eligible land in the initiative under a
contract described in subsection (e).
``(e) Grassland Conservation Contract.--
``(1) In general.--Notwithstanding section 1240K(a)(1), to
enroll eligible land in the initiative under a grassland
conservation contract, a producer shall agree--
``(A) to meet or exceed the stewardship threshold for not
less than 1 priority resource concern by the date on which
the contract expires; and
``(B) to comply with the terms and conditions of the
contract.
``(2) Terms.--A grassland conservation contract entered
into under this section shall--
``(A)(i) be for a single 5-year term; and
``(ii) not be subject to renewal or reenrollment under
section 1240K(e); and
``(B) be subject to section 1240K(d).
``(3) Early termination.--The Secretary shall allow a
producer that enters into a grassland conservation contract
under this section--
``(A) to terminate the contract at any time; and
``(B) to retain payments already received under the
contract.
``(f) Grassland Conservation Plan.--The grassland
conservation plan developed for eligible land shall be
limited to--
``(1) eligible land; and
``(2) resource concerns and activities relating to
grassland.
``(g) Payments.--
``(1) In general.--Beginning in fiscal year 2019, of the
funds made available for this subchapter under section
1241(a)(3)(B), and notwithstanding any payment under title I
of the Agriculture Improvement Act of 2018, an amendment made
by that title, or section 1240L(c), the Secretary shall make
annual grassland conservation contract payments to the
producer of any eligible land that is the subject of a
grassland conservation contract under this section.
``(2) Payment noneligibility.--A grassland conservation
contract under this section shall not be--
``(A) eligible for payments under section 1240L(d); or
``(B) subject to the payment limitations under this
subchapter.
``(3) Limitation.--The amount of an annual payment under
this subsection shall be $18 per acre, not to exceed the
number of base acres on a farm.
``(h) Considered Planted.--The Secretary shall consider
land enrolled under a grassland conservation contract under
this section during a crop year to be planted or considered
planted to a covered commodity (as defined in section 1111 of
the Agricultural Act of 2014 (7 U.S.C. 9011)) during that
crop year.
``(i) Other Contracts.--A producer with an agricultural
operation that contains land eligible under this section and
land eligible under section 1240K--
``(1) may enroll the land eligible under this section
through a contract under this section or under section 1240K;
and
``(2) shall not be prohibited from enrolling the land
eligible under section 1240K through a contract under section
1240K.''.
Subtitle D--Other Conservation Programs
SEC. 2401. WATERSHED PROTECTION AND FLOOD PREVENTION.
(a) Assistance to Local Organizations.--Section 3 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1003) is amended--
(1) by striking the section designation and all that
follows through ``In order to assist'' and inserting the
following:
``SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
``(a) In General.--In order to assist''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may waive the watershed plan
for works of improvement if the Secretary determines that--
``(1) the watershed plan is unnecessary or duplicative; and
``(2) the works of improvement are otherwise consistent
with applicable requirements under section 4.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E)
of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1012(h)(2)(E)) is amended by striking ``2018'' and
inserting ``2023''.
(c) Funds of Commodity Credit Corporation.--The Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)
is amended by adding at the end the following:
``SEC. 15. FUNDING.
``In addition to any other funds made available by this
Act, of the funds of the Commodity Credit Corporation, the
Secretary shall make available to carry out this Act
$50,000,000 for fiscal year 2019 and each fiscal year
thereafter.''.
SEC. 2402. SOIL AND WATER RESOURCES CONSERVATION.
The Soil and Water Resources Conservation Act of 1977 (16
U.S.C. 2001 et seq.) is amended--
(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ``and
December 31, 2015'' and inserting ``December 31, 2015, and
December 31, 2022'';
(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ``,
respectively'' and inserting ``, and a program update shall
be completed by December 31, 2023'';
(3) in section 7 (16 U.S.C. 2006)--
(A) in subsection (a), by striking ``and 2016'' and
inserting ``, 2016, and 2022''; and
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``and 2017'' and inserting ``, 2017, and
2023''; and
(4) in section 10 (16 U.S.C. 2009), by striking ``2018''
and inserting ``2023''.
SEC. 2403. EMERGENCY CONSERVATION PROGRAM.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201) is amended--
(A) by inserting ``wildfires,'' after ``hurricanes,'';
(B) by striking the section designation and all that
follows through ``The Secretary of Agriculture'' and
inserting the following:
``SEC. 401. EMERGENCY CONSERVATION PROGRAM.
``(a) In General.--The Secretary of Agriculture (referred
to in this title as the `Secretary')''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--
``(1) In general.--With respect to a payment to an
agricultural producer under subsection (a) for the repair or
replacement of fencing, the Secretary shall give the
agricultural producer the option of receiving not more than
25 percent of the payment, determined by the Secretary based
on the applicable percentage of the fair market value of the
cost of the repair or replacement, before the agricultural
producer carries out the repair or replacement.
``(2) Return of funds.--If the funds provided under
paragraph (1) are not expended by the end of the 60-day
period beginning on the date on which the agricultural
producer receives those funds, the funds shall be returned
within a reasonable timeframe, as determined by the
Secretary.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are
amended by striking ``Secretary of Agriculture'' each place
it appears and inserting ``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act of 1978
(16 U.S.C. 2206(a)) is amended by striking paragraph (4).
[[Page H9845]]
(b) Cost Share Payments.--Title IV of the Agricultural
Credit Act of 1978 is amended by inserting after section 402
(16 U.S.C. 2202) the following:
``SEC. 402A. COST-SHARE REQUIREMENT.
``(a) Cost-share Rate.--Subject to subsections (b) and (c),
the maximum cost-share payment under sections 401 and 402
shall not exceed 75 percent of the total allowable cost, as
determined by the Secretary.
``(b) Exception.--Notwithstanding subsection (a), a payment
to a limited resource farmer or rancher, a socially
disadvantaged farmer or rancher (as defined in subsection (a)
of section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279), or a beginning farmer or
rancher under section 401 or 402 shall not exceed 90 percent
of the total allowable cost, as determined by the Secretary.
``(c) Limitation.--The total payment under sections 401 and
402 for a single event may not exceed 50 percent of the
agriculture value of the land, as determined by the
Secretary.''.
(c) Payment Limitations.--Title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by
inserting after section 402A (as added by subsection (b)) the
following:
``SEC. 402B. PAYMENT LIMITATION.
``The maximum payment made under the emergency conservation
program to an agricultural producer under sections 401 and
402 shall not exceed $500,000.''.
(d) Watershed Protection Program.--Section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended--
(1) by striking the section heading and inserting
``emergency watershed program''; and
(2) in subsection (a), by inserting ``watershed
protection'' after ``emergency''.
(e) Funding and Administration.--Section 404 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended--
(1) in the fourth sentence, by striking ``The Corporation''
and inserting the following:
``(d) Limitation.--The Commodity Credit Corporation'';
(2) in the third sentence (as amended by subsection
(a)(2)(A)), by striking ``In implementing the provisions of''
and inserting the following:
``(c) Use of Commodity Credit Corporation.--In
implementing'';
(3) by striking the second sentence;
(4) by striking the section designation and all that
follows through ``There are authorized'' in the first
sentence and inserting the following:
``SEC. 404. FUNDING AND ADMINISTRATION.
``(a) Authorization of Appropriations.--There are
authorized'';
(5) in subsection (a) (as so designated), by inserting ``,
to remain available until expended'' before the period at the
end; and
(6) by inserting after subsection (a) (as so designated)
the following:
``(b) Set-aside for Fencing.--Of the amounts made available
under subsection (a) for a fiscal year, 25 percent shall be
set aside until April 1 of that fiscal year for the repair or
replacement of fencing.''.
SEC. 2404. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M of the Food Security Act of 1985 (16 U.S.C.
3839bb) is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) Partnerships.--In carrying out the program under this
section, the Secretary shall provide education and outreach
activities through partnerships with--
``(i) land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
and
``(ii) nongovernmental organizations.''; and
(2) in subsection (e), by striking ``2018'' and inserting
``2023''.
SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) Authorization of Appropriations.--Section 1240O(b)(1)
of the Food Security Act of 1985 (16 U.S.C. 3839bb-2(b)(1))
is amended by striking ``2018'' and inserting ``2023''.
(b) Availability of Funds.--Section 1240O(b) of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2(b)) is amended by
adding at the end the following:
``(3) Additional funding.--In addition to any other funds
made available under this subsection, of the funds of the
Commodity Credit Corporation, the Secretary shall use
$5,000,000 beginning in fiscal year 2019, to remain available
until expended.''.
SEC. 2406. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE
PROGRAM.
Section 1240R of the Food Security Act of 1985 (16 U.S.C.
3839bb-5) is amended--
(1) in subsections (a) and (c), by striking ``grants'' each
place it appears and inserting ``funding'';
(2) in subsections (b) and (d)(2), by striking ``a grant''
each place it appears and inserting ``funding'';
(3) in subsection (c)(3) (as amended by section
2202(b)(1)), by inserting ``or on land covered by a wetland
reserve easement under section 1265C'' before ``by
providing''; and
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``2012 and'' and inserting ``2012,''; and
(ii) by inserting ``, and $50,000,000 for the period of
fiscal years 2019 through 2023'' before the period at the
end;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Enhanced public access to wetland reserve
easements.--To the maximum extent practicable, of the funds
made available under paragraph (1), the Secretary shall use
$3,000,000 for the period of fiscal years 2019 through 2023
to encourage public access to land covered by wetland reserve
easements under section 1265C through agreements with States
and tribal governments under this section.''.
SEC. 2407. WILDLIFE MANAGEMENT.
(a) In General.--The Secretary and the Secretary of the
Interior shall continue to carry out the Working Lands for
Wildlife model of conservation on working landscapes, as
implemented on the day before the date of enactment of this
Act, in accordance with--
(1) the document entitled ``Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of the
Interior Fish and Wildlife Service'', numbered A-3A7516-937,
and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15, 2016; and
(2) United States Fish and Wildlife Service Director's
Order No. 217, dated August 9, 2016, as in effect on August
9, 2016.
(b) Expansion of Model.--The Secretary and the Secretary of
the Interior may expand the conservation model described in
subsection (a) through a new partnership agreement between
the Farm Service Agency and the United States Fish and
Wildlife Service for the purpose of carrying out conservation
activities for species conservation.
(c) Extension of Period of Regulatory Predictability.--
(1) Definition of period of regulatory predictability.--In
this subsection, the term ``period of regulatory
predictability'' means the period of regulatory
predictability under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) initially determined in accordance with
the document and order described in paragraphs (1) and (2),
respectively, of subsection (a).
(2) Extension.--After the period of regulatory
predictability, on request of the Secretary, the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service, may provide additional
consultation under section 7(a)(2) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(a)(2)), or additional conference
under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as
applicable, with the Chief of the Natural Resources
Conservation Service or the Administrator of the Farm Service
Agency, as applicable, to extend the period of regulatory
predictability.
SEC. 2408. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.
(a) In General.--The Secretary shall establish a feral
swine eradication and control pilot program to respond to the
threat feral swine pose to agriculture, native ecosystems,
and human and animal health.
(b) Duties of the Secretary.--In carrying out the pilot
program, the Secretary shall--
(1) study and assess the nature and extent of damage to the
pilot areas caused by feral swine;
(2) develop methods to eradicate or control feral swine in
the pilot areas;
(3) develop methods to restore damage caused by feral
swine; and
(4) provide financial assistance to agricultural producers
in pilot areas.
(c) Assistance.--The Secretary may provide financial
assistance to agricultural producers under the pilot program
to implement methods to--
(1) eradicate or control feral swine in the pilot areas;
and
(2) restore damage caused by feral swine.
(d) Coordination.--The Secretary shall ensure that the
Natural Resources Conservation Service and the Animal and
Plant Health Inspection Service coordinate for purposes of
this section through State technical committees established
under section 1261(a) of the Food Security Act of 1985 (16
U.S.C. 3861(a)).
(e) Pilot Areas.--The Secretary shall carry out the pilot
program in areas of States in which feral swine have been
identified as a threat to agriculture, native ecosystems, or
human or animal health, as determined by the Secretary.
(f) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities under the pilot program may not exceed 75 percent
of the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities under the pilot program may be provided
in the form of in-kind contributions of materials or
services.
(g) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $75,000,000 for the period of fiscal years 2019
through 2023.
(2) Distribution of funds.--Of the funds made available
under paragraph (1)--
(A) 50 percent shall be allocated to the Natural Resources
Conservation Service to carry out the pilot program,
including the provision of financial assistance to producers
for on-farm trapping and technology related to capturing and
confining feral swine; and
(B) 50 percent shall be allocated to the Animal and Plant
Health Inspection Service to carry out the pilot program,
including the use of established, and testing of innovative,
population reduction methods.
(3) Limitation on administrative expenses.--Not more than
10 percent of funds made available under this section may be
used for administrative expenses of the pilot program.
SEC. 2409. REPORT ON SMALL WETLANDS.
(a) In General.--The Secretary, acting through the Chief of
the Natural Resources Conservation Service, shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the number of wetlands with an
area
[[Page H9846]]
not more than 1 acre that have been delineated in each of the
States of North Dakota, South Dakota, Minnesota, and Iowa
during fiscal years 2014 through 2018.
(b) Requirement.--In the report under subsection (a), the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, shall list the number of wetlands acres
in each State described in the report by tenths of an acre,
and ensure the report is based on the best available science.
SEC. 2410. SENSE OF CONGRESS RELATING TO INCREASED WATERSHED-
BASED COLLABORATION.
It is the sense of Congress that the Federal Government
should recognize and encourage partnerships at the watershed
level between nonpoint sources and regulated point sources to
advance the goals of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and provide benefits to farmers,
landowners, and the public.
Subtitle E--Funding and Administration
SEC. 2501. COMMODITY CREDIT CORPORATION.
(a) Annual Funding.--Section 1241(a) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2018 (and fiscal year 2019 in the case of the program
specified in paragraph (5))'' and inserting ``2023'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``$10,000,000 for the
period of fiscal years 2014 through 2018'' and inserting
``$12,000,000 for the period of fiscal years 2019 through
2023''; and
(B) in subparagraph (B)--
(i) by striking ``$33,000,000 for the period of fiscal
years 2014 through 2018'' and inserting ``$50,000,000 for the
period of fiscal years 2019 through 2023, including not more
than $5,000,000 to provide outreach and technical
assistance,''; and
(ii) by striking ``retired or retiring owners and
operators'' and inserting ``contract holders'';
(3) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $450,000,000 for each of fiscal years 2019 through
2023.'';
(4) by striking paragraph (3) and inserting the following:
``(3) The programs under chapter 4, using, to the maximum
extent practicable--
``(A) for the environmental quality incentives program
under subchapter A of that chapter--
``(i) $1,750,000,000 for fiscal year 2019;
``(ii) $1,750,000,000 for fiscal year 2020;
``(iii) $1,800,000,000 for fiscal year 2021;
``(iv) $1,850,000,000 for fiscal year 2022; and
``(v) $2,025,000,000 for fiscal year 2023; and
``(B) for the conservation stewardship program under
subchapter B of that chapter--
``(i) $700,000,000 for fiscal year 2019;
``(ii) $725,000,000 for fiscal year 2020;
``(iii) $750,000,000 for fiscal year 2021;
``(iv) $800,000,000 for fiscal year 2022; and
``(v) $1,000,000,000 for fiscal year 2023.'';
(5) in paragraph (4), by inserting ``(as in effect on the
day before the date of enactment of the Agriculture
Improvement Act of 2018), using such sums as are necessary to
administer contracts entered into before that date of
enactment'' before the period at the end; and
(6) by striking paragraph (5).
(b) Availability of Funds.--Section 1241(b) of the Food
Security Act of 1985 (16 U.S.C. 3841(b)) is amended by
striking ``2018 (and fiscal year 2019 in the case of the
program specified in subsection (a)(5))'' and inserting
``2023''.
(c) Report on Program Enrollments and Assistance.--Section
1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i))
is amended to read as follows:
``(i) Report on Program Enrollments and Assistance.--Not
later than December 15 of each of calendar years 2019 through
2023, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate an
annual report containing statistics by State related to
enrollments in conservation programs under this title, as
follows:
``(1) The annual and current cumulative activity reflecting
active agreement and contract enrollment statistics.
``(2) Secretarial exceptions, waivers, and significant
payments, including--
``(A) payments made under the agricultural conservation
easement program for easements valued at $250,000 or greater;
``(B) payments made under the regional conservation
partnership program subject to the waiver of adjusted gross
income limitations pursuant to section 1271C(c)(3);
``(C) waivers granted by the Secretary under section
1001D(b)(3);
``(D) exceptions and activity associated with section
1240B(h)(2); and
``(E) exceptions provided by the Secretary under section
1265B(b)(2)(B)(ii).''.
(d) Allocations Review and Update.--Section 1241(g) of the
Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``January'' and all that follows through
``shall'' and inserting ``1 year after the date of enactment
of the Agriculture Improvement Act of 2018, the Secretary,
acting through the Chief of the Natural Resources
Conservation Service and the Administrator of the Farm
Service Agency, shall'';
(B) by inserting ``annual'' after ``utilize''; and
(C) by inserting ``relevant data on local natural resource
concerns, resource inventories, evaluations and reports,
recommendations from State technical committees established
under section 1261(a),'' after ``accounting for''; and
(2) in paragraph (2)--
(A) by striking ``that the formulas'' and inserting the
following: ``that--
``(A) the formulas'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(B) to the maximum extent practicable, local natural
resource concerns are considered a leading factor in
determining annual funding allocation to States;
``(C) the process used at the national level to evaluate
State budget proposals and to allocate funds is reviewed
annually to assess the effect of allocations in addressing
identified natural resource priorities and objectives; and
``(D) the allocation of funds to States addresses priority
natural resource concerns and objectives.''.
(e) Assistance to Certain Farmers or Ranchers for
Conservation Access.--Section 1241(h) of the Food Security
Act of 1985 (16 U.S.C. 3841(h)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``Of the funds'' and inserting the
following:
``(A) Fiscal years 2009 through 2018.--Of the funds''; and
(C) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--Of the funds made
available for each of fiscal years 2019 through 2023 to carry
out the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D and the conservation
stewardship program under subchapter B of chapter 4 of
subtitle D, the Secretary shall use, to the maximum extent
practicable--
``(i) 5 percent to assist beginning farmers or ranchers;
and
``(ii) 5 percent to assist socially disadvantaged farmers
or ranchers.'';
(2) in paragraph (2), by inserting ``and, in the case of
fiscal years 2019 through 2023, under the conservation
stewardship program under subchapter B of chapter 4 of
subtitle D'' before the period at the end;
(3) in paragraph (3), by striking ``year, acres not
obligated under paragraph (1)'' and inserting ``year through
fiscal year 2018, acres not obligated under paragraph
(1)(A)''; and
(4) in paragraph (4), by striking ``subparagraph (A) or (B)
of paragraph (1)'' and inserting ``, as applicable, clause
(i) or (ii) of paragraph (1)(A) or clause (i) or (ii) of
paragraph (1)(B)''.
(f) Conservation Standards and Requirements.--Section 1241
of the Food Security Act of 1985 (16 U.S.C. 3841) is amended
by adding at the end the following:
``(j) Conservation Standards and Requirements.--
``(1) In general.--Subject to the requirements of this
title, the Natural Resources Conservation Service shall serve
as the lead agency in developing and establishing technical
standards and requirements for conservation programs carried
out under this title, including--
``(A) standards for conservation practices under this
title;
``(B) technical guidelines for implementing conservation
practices under this title, including the location of the
conservation practices; and
``(C) standards for conservation plans.
``(2) Consistency of farm service agency technical
standards and payment rates.--The Administrator of the Farm
Service Agency shall ensure that--
``(A) technical standards of programs administered by the
Farm Service Agency are consistent with the technical
standards established by the Natural Resources Conservation
Service under paragraph (1); and
``(B) payment rates, to the extent practicable, are
consistent between the Farm Service Agency and the Natural
Resources Conservation Service.''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--Section 1242(a) of the Food Security Act
of 1985 (16 U.S.C. 3842(a)) is amended to read as follows:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible
participant' means a producer, landowner, or entity that is
participating in, or seeking to participate in, programs in
which the producer, landowner, or entity is otherwise
eligible to participate under this title or the agricultural
management assistance program under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)).
``(2) Third-party provider.--The term `third-party
provider' means a commercial entity (including a farmer
cooperative, agriculture retailer, or other commercial entity
(as defined by the Secretary)), a nonprofit entity, a State
or local government (including a conservation district), or a
Federal agency, that has expertise in the technical aspect of
conservation planning, including nutrient management
planning, watershed planning, or environmental
engineering.''.
(b) Certification Process.--Section 1242(e) of the Food
Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding
at the end the following:
``(4) Certification process.--The Secretary shall certify a
third-party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service; or
``(B) a non-Federal entity approved by the Secretary to
perform the certification.
``(5) Streamlined certification.--The Secretary shall
provide a streamlined certification process for a third-party
provider that has an appropriate specialty certification,
including a sustainability certification.''.
[[Page H9847]]
(c) Expedited Revision of Standards.--Section 1242(h) of
the Food Security Act of 1985 (16 U.S.C. 3842(h)) is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) not later than 1 year after the date of enactment of
the Agriculture Improvement Act of 2018, complete a review of
each conservation practice standard, including engineering
design specifications, in effect on the day before the date
of enactment of that Act;'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) evaluate opportunities to increase flexibility in
conservation practice standards in a manner that ensures
equivalent natural resource benefits.'';
(2) in paragraph (2), by inserting ``State technical
committees established under section 1261(a),'' before ``crop
consultants''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Expedited revision of standards.--Not later than 1
year after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall develop for the
programs under this title an administrative process for--
``(A) expediting the establishment and revision of
conservation practice standards;
``(B) considering conservation innovations and scientific
and technological advancements with respect to any
establishment or revision under subparagraph (A);
``(C) allowing local flexibility in the creation of--
``(i) interim practice standards and supplements to
existing practice standards to address the considerations
described in subparagraph (B); and
``(ii) partnership-led proposals for new and innovative
techniques to facilitate implementing agreements and grants
under this title; and
``(D) soliciting regular input from State technical
committees established under section 1261(a) for
recommendations that identify innovations or advancements
described in subparagraph (B).
``(4) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, and
every 2 years thereafter, the Secretary shall submit to
Congress a report on--
``(A) the administrative process developed under paragraph
(3);
``(B) conservation practice standards that were established
or revised under that process; and
``(C) conservation innovations that were considered under
that process.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION
PROGRAMS.
(a) Acreage Limitations.--Section 1244(f) of the Food
Security Act of 1985 (16 U.S.C. 3844(f)) is amended--
(1) in paragraph (1)(B), by striking ``10'' and inserting
``15''; and
(2) in paragraph (5), by striking ``the Agricultural Act of
2014'' and inserting ``the Agriculture Improvement Act of
2018''.
(b) Requirements for Conservation Programs.--Section 1244
of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended--
(1) by striking subsection (m);
(2) by redesignating subsections (j) through (l) as
subsections (k) through (m), respectively; and
(3) by inserting after subsection (i) the following:
``(j) Review and Guidance for Practice Costs and Payment
Rates.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and not
later than October 1 of each year thereafter, the Secretary
shall--
``(A) review the estimates for practice costs and rates of
payments made to producers for practices on eligible land
under this title; and
``(B) evaluate whether those costs and rates reflect a
payment that--
``(i) encourages participation in a conservation program
administered by the Secretary;
``(ii) encourages implementation of the most effective
practices to address local natural resource concerns on
eligible land; and
``(iii) accounts for regional, State, and local variability
relating to the complexity, implementation, and adoption of
practices on eligible land.
``(2) Guidance; review.--The Secretary shall--
``(A) issue guidance to States to annually review and
adjust the estimates for practice costs and rates of payments
made to producers to reflect the evaluation factors described
in paragraph (1)(B); and
``(B) determine the appropriate practice costs and rates of
payments for each State by--
``(i) annually reviewing each conservation program payment
schedule and payment rate used in the State; and
``(ii) consulting with the State technical committee
established under section 1261(a) in that State.''.
(c) Funding for Indian Tribes.--Section 1244(m) of the Food
Security Act of 1985 (as redesignated by subsection (b)(2))
is amended--
(1) by striking ``may'' and inserting ``shall'';
(2) by striking ``that the goals'' and inserting the
following: ``that--
``(1) the goals'';
(3) in paragraph (1) (as so designated), by striking
``arrangements, and that statutory'' and inserting the
following: ``arrangements;
``(2) a sufficient number of eligible participants will be
aggregated under the alternative funding arrangement to
accomplish the underlying purposes and objectives of the
applicable program; and
``(3) statutory''; and
(4) in paragraph (3) (as so designated), by striking the
period at the end and inserting ``, except that the Secretary
may approve a waiver if the Secretary is authorized to
approve a waiver under the statutory authority of the
applicable program.''.
(d) Source Water Protection Through Targeting of
Agricultural Practices.--Section 1244 of the Food Security
Act of 1985 (16 U.S.C. 3844) (as amended by subsection (b))
is amended by adding at the end the following:
``(n) Source Water Protection Through Targeting of
Agricultural Practices.--
``(1) In general.--In carrying out any conservation program
administered by the Secretary, the Secretary shall encourage
practices that relate to water quality and water quantity
that protect source water for drinking water (including
protecting against public health threats) while also
benefitting agricultural producers.
``(2) Collaboration with water systems and increased
incentives.--
``(A) In general.--In encouraging practices under paragraph
(1), the Secretary shall--
``(i) work collaboratively with community water systems and
State technical committees established under section 1261(a)
to identify, in each State, local priority areas for the
protection of source waters for drinking water; and
``(ii) subject to subparagraph (B), for practices described
in paragraph (1), offer to producers increased incentives and
higher payment rates than are otherwise statutorily
authorized by the applicable conservation program
administered by the Secretary.
``(B) Limitation.--An increased payment under subparagraph
(A)(ii) shall not exceed 90 percent of practice costs
associated with planning, design, materials, equipment,
installation, labor, management, maintenance, or training.
``(3) Reservation of funds.--
``(A) In general.--In each of fiscal years 2019 through
2023, the Secretary shall use to carry out this subsection
not less than 10 percent of any funds available for
conservation programs administered by the Secretary under
this title (other than the conservation reserve program
established under subchapter B of chapter 1 of subtitle D).
``(B) Limitation.--Funds available for a specific
conservation program shall not be transferred to fund a
different conservation program under this title.''.
(e) Environmental Services Market.--Section 1244 of the
Food Security Act of 1985 (16 U.S.C. 3844) (as amended by
subsection (d)) is amended by adding at the end the
following:
``(o) Environmental Services Market.--The Secretary may not
prohibit, through a contract, easement, or agreement under
this title, a participant in a conservation program
administered by the Secretary under this title from
participating in, and receiving compensation from, an
environmental services market if 1 of the purposes of the
market is the facilitation of additional conservation
benefits that are consistent with the purposes of the
conservation program administered by the Secretary.''.
(f) Regulatory Certainty.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) (as amended by
subsection (e)) is amended by adding at the end the
following:
``(p) Regulatory Certainty.--
``(1) In general.--In addition to technical and
programmatic information that the Secretary is otherwise
authorized to provide, on request of a Federal agency, a
State, an Indian tribe, or a unit of local government, the
Secretary may provide technical and programmatic
information--
``(A) subject to paragraph (2), to the Federal agency,
State, Indian tribe, or unit of local government to support
specifically the development of mechanisms that would provide
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurances to a
farmer, rancher, or private nonindustrial forest landowner
under a regulatory requirement--
``(i) that relates to soil, water, or wildlife; and
``(ii) over which that Federal agency, State, Indian tribe,
or unit of local government has authority; and
``(B) relating to conservation practices or activities that
could be implemented by a farmer, rancher, or private
nonindustrial forest landowner to address a targeted soil,
water, or wildlife resource concern that is the direct
subject of a regulatory requirement enforced by that Federal
agency, State, Indian tribe, or unit of local government, as
applicable.
``(2) Mechanisms.--The Secretary shall only provide
additional technical and programmatic information under
paragraph (1) if the mechanisms to be developed by the
Federal agency, State, Indian tribe, or unit of local
government, as applicable, under paragraph (1)(A) are
anticipated to include, at a minimum--
``(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the soil,
water, or wildlife resource concern identified under
paragraph (1);
``(B) the on-site confirmation that the applicable
conservation practices or activities identified under
subparagraph (A) have been implemented;
``(C) a plan for a periodic audit, as appropriate, of the
continued implementation or maintenance of each of the
conservation practices or activities identified under
subparagraph (A); and
``(D) notification to a farmer, rancher, or private
nonindustrial forest landowner of, and an opportunity to
correct, any noncompliance with a requirement to obtain
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurance.
``(3) Continuing current collaboration on soil, water, or
wildlife conservation practices.--The Secretary shall--
``(A) continue collaboration with Federal agencies, States,
Indian tribes, or local units of
[[Page H9848]]
government on existing regulatory certainty, regulatory
predictability, safe harbor protection, or other similar
regulatory assurances in accordance with paragraph (2); and
``(B) continue collaboration with the Secretary of the
Interior on consultation under section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or
conference under section 7(a)(4) of that Act (16 U.S.C.
1536(a)(4)), as applicable, for wildlife conservation
efforts, including the Working Lands for Wildlife model of
conservation on working landscapes, as implemented on the day
before the date of enactment of the Agriculture Improvement
Act of 2018, in accordance with--
``(i) the document entitled `Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of the
Interior Fish and Wildlife Service', numbered A-3A75-16-937,
and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15, 2016; and
``(ii) United States Fish and Wildlife Service Director's
Order No. 217, dated August 9, 2016, as in effect on August
9, 2016.
``(4) Savings clause.--Nothing in this subsection--
``(A) preempts, displaces, or supplants any authority or
right of a Federal agency, a State, an Indian tribe, or a
unit of local government;
``(B) modifies or otherwise affects, preempts, or
displaces--
``(i) any cause of action; or
``(ii) a provision of Federal or State law establishing a
remedy for a civil or criminal cause of action; or
``(C) applies to a case in which the Department of
Agriculture is the originating agency requesting a
consultation or other technical and programmatic information
or assistance from another Federal agency in assisting
farmers, ranchers, or nonindustrial private forest landowners
participating in a conservation program administered by the
Secretary.''.
SEC. 2504. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS.
(a) Interim Administration.--Subject to subsection (d), the
Secretary shall use the applicable regulations in effect on
the day before the date of enactment of this Act, to the
extent that the terms and conditions of those regulations are
consistent with the amendments made by this title, to carry
out the programs under laws as amended by this title,
including--
(1) the conservation reserve program under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle B);
(2) the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq) (as added
by section 2301(a)(1) and amended by subtitle C);
(3) the conservation stewardship program under subchapter B
of chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (as added by subsections (a)(2) and (b) of
section 2301 and amended by subtitle C); and
(4) the agricultural conservation easement program
established under subtitle H of title XII of the Food
Security Act of 1985 (16 U.S.C. 3865 et seq.) (as amended by
subtitle F).
(b) Regional Conservation Partnership Program.--
Notwithstanding subsection (e) of section 1271E of the Food
Security Act of 1985 (16 U.S.C. 3871e) (as amended by section
2706), and subject to subsection (d), for fiscal year 2019,
the Secretary may use an availability of program funding
announcement consistent with the amendments made by subtitle
G to carry out the regional conservation partnership program
under subtitle I of title XII of the Food Security Act of
1985 (16 U.S.C. 3871 et seq.) without issuing a regulation.
(c) Funding.--The Secretary may only use funds authorized
to be made available by this title or the amendments made by
this title for the specific programs described in paragraphs
(1) through (4) of subsection (a) and subsection (b), in
accordance with any restrictions on the use of those funds,
for the purposes described in subsections (a) and (b).
(d) Termination of Authority.--The authority of the
Secretary to carry out subsections (a) and (b) shall
terminate on September 30, 2019.
(e) Permanent Administration.--Effective beginning on the
termination date described in subsection (d), the Secretary
shall carry out this title and the amendments made by this
title in accordance with such final regulations as the
Secretary considers necessary to carry out this title and the
amendments made by this title.
Subtitle F--Agricultural Conservation Easement Program
SEC. 2601. ESTABLISHMENT AND PURPOSES.
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C.
3865(b)) is amended--
(1) in paragraph (3), by inserting ``that negatively affect
the agricultural uses and conservation values'' after ``that
land''; and
(2) in paragraph (4), by striking ``restoring and'' and
inserting ``restoring or''.
SEC. 2602. DEFINITIONS.
Section 1265A of the Food Security Act of 1985 (16 U.S.C.
3865a) is amended--
(1) in paragraph(1)(B), by striking ``subject to an
agricultural land easement plan, as approved by the
Secretary'';
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (6), and (7), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Buy-protect-sell transaction.--
``(A) In general.--The term `buy-protect-sell transaction'
means a legal arrangement--
``(i) between an eligible entity and the Secretary relating
to land that an eligible entity owns or is going to purchase
prior to acquisition of an agricultural land easement;
``(ii) under which the eligible entity certifies to the
Secretary that the eligible entity shall--
``(I)(aa) hold an agricultural land easement on that land,
but transfer ownership of the land to a farmer or rancher
that is not an eligible entity prior to or on acquisition of
the agricultural land easement; or
``(bb) hold an agricultural land easement on that land, but
transfer ownership of the land to a farmer or rancher that is
not an eligible entity in a timely manner and, subject to
subparagraph (B), not later than 3 years after the date of
acquisition of the agricultural land easement; and
``(II) make an initial sale of the land subject to the
agricultural land easement to a farmer or rancher at not more
than agricultural value, plus any reasonable holding and
transaction costs incurred by the eligible entity, as
determined by the Secretary; and
``(iii) under which the Secretary shall be reimbursed for
the entirety of the Federal share of the cost of the
agricultural land easement by the eligible entity if the
eligible entity fails to transfer ownership under item (aa)
or (bb), as applicable, of clause (ii)(I).
``(B) Time extension.--Under subparagraph (A)(ii)(I)(bb),
an eligible entity may transfer land later than 3 years after
the date of acquisition of the agricultural land easement if
the Secretary determines an extension of time is
justified.'';
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A)(i)--
(i) by striking ``to a'' and inserting the following:
``to--
``(I) a'';
(ii) in subclause (I) (as so designated), by adding ``or''
at the end; and
(iii) by adding at the end the following:
``(II) a buy-protect-sell transaction;''; and
(B) in subparagraph (B)(i)(II), by striking ``, as
determined by the Secretary in consultation with the
Secretary of the Interior at the local level''; and
(5) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Monitoring report.--The term `monitoring report'
means a report, the contents of which are formulated and
prepared by the holder of an agricultural land easement, that
accurately documents whether the land subject to the
agricultural land easement is in compliance with the terms
and conditions of the agricultural land easement.''.
SEC. 2603. AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--Section 1265B(a) of the
Food Security Act of 1985 (16 U.S.C. 3865b(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``provide for the
conservation of natural resources pursuant to an agricultural
land easement plan.'' and inserting ``implement the program,
including technical assistance for the development of a
conservation plan under subsection (b)(4)(C)(iv); and''; and
(3) by adding at the end the following:
``(3) buy-protect-sell transactions.''.
(b) Cost-share Assistance.--
(1) Scope of assistance available.--Section 1265B(b)(2) of
the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is
amended--
(A) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) Grasslands exception.--In the case of grassland of
special environmental significance, as determined by the
Secretary, the Secretary may provide an amount not to exceed
75 percent of the fair market value of the agricultural land
easement.
``(iii) Permissible forms.--The non-Federal share provided
by an eligible entity under this subparagraph may comprise--
``(I) cash resources;
``(II) a charitable donation or qualified conservation
contribution (as defined in section 170(h) of the Internal
Revenue Code of 1986) from the private landowner from which
the agricultural land easement will be purchased;
``(III) costs associated with securing a deed to the
agricultural land easement, including the cost of appraisal,
survey, inspection, and title; and
``(IV) other costs, as determined by the Secretary.''; and
(B) by striking subparagraph (C).
(2) Evaluation and ranking of applications.--Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended--
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following:
``(C) Accounting for geographic differences.--The Secretary
may adjust the criteria established under subparagraph (A) to
account for geographic differences, if the adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of the Federal
investment under the program.
``(D) Priority.--In evaluating applications under the
program, the Secretary may give priority to an application
for the purchase of an agricultural land easement that, as
determined by the Secretary, maintains agricultural
viability.''.
(3) Agreements with eligible entities.--Section 1265B(b)(4)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is
amended--
(A) in subparagraph (C), by striking clauses (iii) and (iv)
and inserting the following:
``(iii) include a right of enforcement for the Secretary
that--
``(I) may be used only if the terms and conditions of the
easement are not enforced by the eligible entity; and
[[Page H9849]]
``(II) does not extend to a right of inspection unless--
``(aa)(AA) the holder of the easement fails to provide
monitoring reports in a timely manner; or
``(BB) the Secretary has a reasonable and articulable
belief that the terms and conditions of the easement have
been violated; and
``(bb) prior to the inspection, the Secretary notifies the
eligible entity and the landowner of the inspection and
provides a reasonable opportunity for the eligible entity and
the landowner to participate in the inspection;
``(iv) include a conservation plan only for any portion of
the land subject to the agricultural land easement that is
highly erodible cropland; and'';
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (C) the following:
``(D) Additional permitted terms and conditions.--An
eligible entity may include terms and conditions for an
agricultural land easement that--
``(i) are intended to keep the land subject to the
agricultural land easement under the ownership of a farmer or
rancher, as determined by the Secretary;
``(ii) allow subsurface mineral development on the land
subject to the agricultural land easement and in accordance
with applicable State law if, as determined by the
Secretary--
``(I) the subsurface mineral development--
``(aa) has a limited and localized impact;
``(bb) does not harm the agricultural use and conservation
values of the land subject to the easement;
``(cc) does not materially alter or affect the existing
topography;
``(dd) shall comply with a subsurface mineral development
plan that--
``(AA) includes a plan for the remediation of impacts to
the agricultural use and conservation values of the land
subject to the easement; and
``(BB) is approved by the Secretary prior to the initiation
of mineral development activity;
``(ee) is not accomplished by any surface mining method;
``(ff) is within the impervious surface limits of the
easement under subparagraph (C)(v); and
``(gg) uses practices and technologies that minimize the
duration and intensity of impacts to the agricultural use and
conservation values of the land subject to the easement; and
``(II) each area impacted by the subsurface mineral
development shall be reclaimed and restored by the holder of
the mineral rights at cessation of operation; and
``(iii) include other relevant activities relating to the
agricultural land easement, as determined by the
Secretary.''.
(4) Certification of eligible entities.--Section
1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(5)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) allow a certified eligible entity to use its own
terms and conditions, notwithstanding paragraph (4)(C), as
long as the terms and conditions are consistent with the
purposes of the program.''; and
(B) in subparagraph (B)--
(i) in clause (iii), by redesignating subclauses (I)
through (III) as items (aa) through (cc), respectively, and
indenting appropriately;
(ii) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(iii) in the matter preceding subclause (I) (as so
redesignated), by striking ``entity will'' and inserting the
following: ``eligible entity--
``(i) will'';
(iv) in clause (i)(III)(cc) (as so redesignated), by
striking the period at the end and inserting a semicolon; and
(v) by adding at the end the following:
``(ii) has--
``(I) been accredited by the Land Trust Accreditation
Commission, or by an equivalent accrediting body, as
determined by the Secretary;
``(II) acquired not fewer than 10 agricultural land
easements under the program or any predecessor program; and
``(III) successfully met the responsibilities of the
eligible entity under the applicable agreements with the
Secretary, as determined by the Secretary, relating to
agricultural land easements that the eligible entity has
acquired under the program or any predecessor program; or
``(iii) is a State department of agriculture or other State
agency with statutory authority for farm and ranchland
protection that has--
``(I) acquired not fewer than 10 agricultural land
easements under the program or any predecessor program; and
``(II) successfully met the responsibilities of the
eligible entity under the applicable agreements with the
Secretary, as determined by the Secretary, relating to
agricultural land easements that the eligible entity has
acquired under the program or any predecessor program.''.
(5) Technical assistance.--Section 1265B of the Food
Security Act of 1985 (16 U.S.C. 3865b) is amended by striking
subsection (d) and inserting the following:
``(d) Technical Assistance.--The Secretary may provide
technical assistance, if requested, to assist in compliance
with the terms and conditions of easements.''.
SEC. 2604. WETLAND RESERVE EASEMENTS.
Section 1265C of the Food Security Act of 1985 (16 U.S.C.
3865c) is amended--
(1) in subsection (b)--
(A) in paragraph (3)(C), by inserting ``or improving water
quality'' before the period at the end; and
(B) in paragraph (5)--
(i) in subparagraph (C)--
(I) by striking ``Land subject'' and inserting the
following:
``(i) In general.--Land subject'';
(II) in clause (i) (as so designated), by inserting ``water
management,'' after ``timber harvest,''; and
(III) by adding at the end the following:
``(ii) Compatible use authorization.--In evaluating and
authorizing a compatible economic use under clause (i), the
Secretary shall--
``(I) request and consider the advice of the applicable
State technical committee established under section 1261(a)
about the 1 or more types of uses that may be authorized to
be conducted on land subject to a wetland reserve easement,
including the frequency, timing, and intensity of those uses;
``(II) consider the ability of an authorized use to
facilitate the practical administration and management of
that land; and
``(III) ensure that an authorized use furthers the
functions and values for which the wetland reserve easement
was established.''; and
(ii) in subparagraph (D)(i)(III), by inserting after
``under subsection (f)'' the following: ``or a grazing
management plan that is consistent with the wetland reserve
easement plan and has been reviewed, and modified as
necessary, at least every 5 years''; and
(2) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) Wetland reserve easement plan.--
``(A) In general.--The Secretary shall develop a wetland
reserve easement plan--
``(i) for any eligible land subject to a wetland reserve
easement; and
``(ii) that restores, protects, enhances, manages,
maintains, and monitors the eligible land subject to the
wetland reserve easements acquired under this section.
``(B) Practices and activities.--A wetland reserve easement
plan under subparagraph (A) shall include practices and
activities, including repair or replacement, that are
necessary to restore and maintain the enrolled land and the
functions and values of the wetland subject to a wetland
reserve easement.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Alternative plant communities.--The Secretary, in
coordination with State technical committees established
under section 1261(a) and pursuant to State-specific criteria
and guidelines, may authorize the establishment or
restoration of a hydrologically appropriate native community
or alternative naturalized vegetative community as part of a
wetland reserve easement plan on land subject to a wetland
reserve easement if that hydrologically appropriate native or
alternative naturalized vegetative community shall--
``(A) substantially support or benefit migratory waterfowl
or other wetland wildlife; or
``(B) meet local resource concerns or needs (including as
an element of a regional, State, or local wildlife initiative
or plan).''.
SEC. 2605. ADMINISTRATION.
Section 1265D of the Food Security Act of 1985 (16 U.S.C.
3865d) is amended--
(1) in paragraph (a)(4), by striking ``proposed'' and
inserting ``permitted'';
(2) by striking subsection (c) and inserting the following:
``(c) Subordination, Exchange, Modification, and
Termination.--
``(1) Subordination.--The Secretary may subordinate any
interest in land, or portion of such interest, administered
by the Secretary (including for the purposes of utilities and
energy transmission services) either directly or on behalf of
the Commodity Credit Corporation under the program if the
Secretary determines that the subordination--
``(A) increases conservation values or has a limited
negative effect on conservation values;
``(B) minimally affects the acreage subject to the interest
in land; and
``(C) is in the public interest or furthers the practical
administration of the program.
``(2) Modification and exchange.--
``(A) Authority.--The Secretary may approve a modification
or exchange of any interest in land, or portion of such
interest, administered by the Secretary, either directly or
on behalf of the Commodity Credit Corporation under the
program if the Secretary determines that--
``(i) no reasonable alternative exists and the effect on
the interest in land is avoided or minimized to the extent
practicable; and
``(ii) the modification or exchange--
``(I) results in equal or increased conservation values;
``(II) results in equal or greater economic value to the
United States;
``(III) is consistent with the original intent of the
easement;
``(IV) is consistent with the purposes of the program; and
``(V) is in the public interest or furthers the practical
administration of the program.
``(B) Limitation.--In modifying or exchanging an interest
in land, or portion of such interest, under this paragraph,
the Secretary may not increase any payment to an eligible
entity.
``(3) Termination.--The Secretary may approve a termination
of any interest in land, or portion of such interest,
administered by the Secretary, directly or on behalf of the
Commodity Credit Corporation under the program if the
Secretary determines that--
``(A) termination is in the interest of the Federal
Government;
``(B) the United States will be fully compensated for--
[[Page H9850]]
``(i) the fair market value of the interest in land;
``(ii) any costs relating to the termination; and
``(iii) any damages determined appropriate by the
Secretary; and
``(C) the termination will--
``(i) address a compelling public need for which there is
no practicable alternative even with avoidance and
minimization; and
``(ii) further the practical administration of the program.
``(4) Consent.--The Secretary shall obtain consent from the
landowner and eligible entity, if applicable, for any
subordination, exchange, modification, or termination of
interest in land, or portion of such interest, under this
subsection.
``(5) Notice.--At least 90 days before taking any
termination action described in paragraph (3), the Secretary
shall provide written notice of such action to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate.''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``transferred into the
program'' and inserting ``enrolled in an easement under
section 1265C(b)''; and
(B) by adding at the end the following:
``(3) Agricultural land easements.--A farmer or rancher who
owns eligible land subject to an agricultural land easement
may enter into a contract under subchapter B of chapter 1 of
subtitle D.''.
Subtitle G--Regional Conservation Partnership Program
SEC. 2701. ESTABLISHMENT AND PURPOSES.
Section 1271 of the Food Security Act of 1985 (16 U.S.C.
3871) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
partnership agreements funded through alternative funding
arrangements or grant agreements under section 1271C(d),''
after ``partnership agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with
producers''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``use covered programs'' and inserting
``carry out eligible activities'';
(B) by striking paragraph (2) and inserting the following:
``(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of
drinking water and groundwater), wildlife, agricultural land,
and related natural resources on eligible land on a regional
or watershed scale.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``, including through
alignment of partnership projects with other national, State,
and local agencies and programs addressing similar natural
resource or environmental concerns'' after ``eligible land'';
and
(ii) in subparagraph (B), by striking ``installation'' and
inserting ``adoption, installation,''; and
(D) by adding at the end the following:
``(4) To encourage the flexible and streamlined delivery of
conservation assistance to producers through partnership
agreements.
``(5) To engage producers and eligible partners in
conservation projects to achieve greater conservation
outcomes and benefits for producers than would otherwise be
achieved.''.
SEC. 2702. DEFINITIONS.
Section 1271A of the Food Security Act of 1985 (16 U.S.C.
3871a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by inserting ``, not including the
grassland conservation initiative under section 1240L-1''
before the period at the end; and
(B) by adding at the end the following:
``(E) The conservation reserve program established under
subchapter B of chapter 1 of subtitle D.
``(F) The programs established by the Secretary to carry
out the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001 et seq.), except for any program established by
the Secretary to carry out section 14 (16 U.S.C. 1012) of
that Act.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Eligible activity.--The term `eligible activity'
means a practice, activity, agreement, easement, or related
conservation measure that is available under the statutory
authority for a covered program.
``(3) Eligible land.--The term `eligible land' means any
agricultural or nonindustrial private forest land or
associated land on which the Secretary determines an eligible
activity would help achieve conservation benefits.'';
(3) in paragraph (4)--
(A) in subparagraph (E), by inserting ``acequia,'' after
``irrigation district,''; and
(B) by adding at the end the following:
``(I) An organization described in section 1265A(3)(B).
``(J) A conservation district.'';
(4) by striking paragraph (5) and inserting the following:
``(5) Partnership agreement.--The term `partnership
agreement' means the programmatic agreement entered into
between the Secretary and an eligible partner, subject to the
terms and conditions under section 1271B.''; and
(5) by adding at the end the following:
``(7) Program contract.--
``(A) In general.--The term `program contract' means the
contract between the Secretary and a producer entered into
under this subtitle.
``(B) Exclusion.--The term `program contract' does not
include a contract under a covered program.''.
SEC. 2703. REGIONAL CONSERVATION PARTNERSHIPS.
Section 1271B of the Food Security Act of 1985 (16 U.S.C.
3871b) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Length.--
``(1) In general.--A partnership agreement shall be--
``(A) for a period not to exceed 5 years; or
``(B) for a period that is longer than 5 years, if the
longer period is necessary to meet the objectives of the
program, as determined by the Secretary.
``(2) Renewal.--A partnership agreement may be renewed
under subsection (e)(5) for a period not to exceed 5 years.
``(3) Extension.--A partnership agreement, or any renewal
of a partnership agreement, may each be extended 1 time for a
period not longer than 12 months, as determined by the
Secretary.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(II) by striking clauses (i) and (ii) and inserting the
following:
``(i) 1 or more conservation benefits that the project
shall achieve;
``(ii) the eligible activities on eligible land to be
conducted under the project to achieve conservation benefits;
``(iii) the implementation timeline for carrying out the
project, including any interim milestones;'';
(ii) in subparagraph (D), by striking ``funds'' and
inserting ``contributions''; and
(iii) in subparagraph (E), by striking ``of the project's
effects; and'' and inserting the following: ``of--
``(i) the progress made by the project in achieving each
conservation benefit defined in the partnership agreement,
including in a quantified form to the extent practicable; and
``(ii) as appropriate, other outcomes of the project;
and''; and
(B) in paragraph (2)--
(i) by striking ``An eligible'' and inserting the
following:
``(A) In general.--An eligible''; and
(ii) by adding at the end the following:
``(B) Form.--A contribution of an eligible partner under
this paragraph may be in the form of--
``(i) direct funding;
``(ii) in-kind support; or
``(iii) a combination of direct funding and in-kind
support.
``(C) Treatment.--Any amounts expended during the period
beginning on the date on which the Secretary announces the
approval of an application under subsection (e) and ending on
the day before the effective date of the partnership
agreement by an eligible partner for staff salaries or
development of the partnership agreement may be considered to
be a part of the contribution of the eligible partner under
this paragraph.'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Duties of Secretary.--The Secretary shall--
``(1) establish a timeline for carrying out the duties of
the Secretary under a partnership agreement, including--
``(A) entering into program contracts with producers;
``(B) providing financial assistance to producers; and
``(C) in the case of a partnership agreement that is funded
through an alternative funding arrangement or grant agreement
under section 1271C(d), providing the payments to the
eligible partner for carrying out eligible activities;
``(2) identify in each State a program coordinator for the
State, who shall be responsible for providing assistance to
eligible partners under the program;
``(3) establish guidance to assist eligible partners with
carrying out the assessment required under subsection
(c)(1)(E);
``(4) provide to each eligible partner that has entered
into a partnership agreement that is not funded through an
alternative funding arrangement or grant agreement under
section 1271C(d)--
``(A) a semiannual report describing the status of each
pending and obligated contract under the project of the
eligible partner; and
``(B) an annual report describing how the Secretary used
amounts reserved by the Secretary for that year for technical
assistance under section 1271D(f); and
``(5) ensure that any eligible activity effectively
achieves the conservation benefits identified in the
partnership agreement under subsection (c)(1)(A)(i).'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) in paragraph (1), by inserting ``simplified'' after
``conduct a'';
(B) in paragraph (3)--
(i) by striking the paragraph designation and heading and
all that follows through ``description of--'' and inserting
the following:
``(3) Contents.--The Secretary shall develop a simplified
application that includes a description of--'';
(ii) in subparagraph (C), by striking ``, including the
covered programs to be used''; and
(iii) in subparagraph (D), by striking ``financial'';
(C) in paragraph (4)--
(i) by striking subparagraph (D);
(ii) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively; and
(iii) by inserting after subparagraph (C) the following:
[[Page H9851]]
``(D) build new partnerships with local, State, and private
entities to include a diversity of stakeholders in the
project;
``(E) deliver a high percentage of applied conservation--
``(i) to achieve conservation benefits; or
``(ii) in the case of a project in a critical conservation
area under section 1271F, to address the priority resource
concern for that critical conservation area;
``(F) implement the project consistent with existing
watershed, habitat, or other area restoration plans;''; and
(D) by adding at the end the following:
``(5) Renewals.--If the Secretary determines that a project
that is the subject of a partnership agreement has met or
exceeded the objectives of the project, the Secretary may
renew the partnership agreement through an expedited
noncompetitive process if the 1 or more eligible partners
that are parties to the partnership agreement request the
renewal in order--
``(A) to continue to implement the project under a renewal
of the partnership agreement; or
``(B) to expand the scope of the project under a renewal of
the partnership agreement, as long as the expansion is within
the objectives and purposes of the original partnership
agreement.''; and
(6) by adding at the end the following:
``(f) Nonapplicability of Adjusted Gross Income
Limitation.--The adjusted gross income limitation described
in section 1001D(b)(1) shall not apply to an eligible partner
under the program.''.
SEC. 2704. ASSISTANCE TO PRODUCERS.
Section 1271C of the Food Security Act of 1985 (16 U.S.C.
3871c) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--A producer may receive financial or
technical assistance to conduct eligible activities on
eligible land through a program contract entered into with
the Secretary.
``(b) Program Contracts.--
``(1) In general.--The Secretary shall establish a program
contract to be entered into with a producer to conduct
eligible activities on eligible land, subject to such terms
and conditions as the Secretary may establish.
``(2) Application bundles.--
``(A) In general.--An eligible partner may submit to the
Secretary, on behalf of producers, a bundle of applications
for assistance under the program through program contracts to
address a substantial portion of the conservation benefits to
be achieved by the project, as defined in the partnership
agreement.
``(B) Priority.--The Secretary may give priority to
applications described in subparagraph (A).'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``In accordance with
statutory requirements of the covered programs involved, the
Secretary may make payments to a producer'' and inserting
``Subject to section 1271D, the Secretary may make payments
to a producer''; and
(B) in paragraph (3), by striking ``participating''; and
(3) by adding at the end the following:
``(d) Funding Through Alternative Funding Arrangements or
Grant Agreements.--
``(1) In general.--A partnership agreement entered into
with an eligible partner may be funded through an alternative
funding arrangement or grant in accordance with this
subsection.
``(2) Duties of the secretary.--The Secretary shall--
``(A) under a funding agreement under paragraph (1)--
``(i) use funding made available to carry out this subtitle
to provide funding directly to the eligible partner; and
``(ii) provide technical and administrative assistance, as
mutually agreed by the parties; and
``(B) enter into not more than 15 alternative funding
arrangements or grant agreements with 1 or more eligible
partners each fiscal year.
``(3) Duties of eligible partners.--Under a funding
agreement under paragraph (1), the eligible partner shall--
``(A) carry out eligible activities on eligible land in
agreement with producers to achieve conservation benefits on
a regional or watershed scale, such as--
``(i) infrastructure investments relating to agricultural
or nonindustrial private forest production that would--
``(I) benefit multiple producers; and
``(II) address natural resource concerns such as drought,
wildfire, or water quality impairment on the land covered by
the project;
``(ii) projects addressing natural resources concerns in
coordination with producers, including the development and
implementation of watershed, habitat, or other area
restoration plans;
``(iii) projects that use innovative approaches to
leveraging the Federal investment in conservation with
private financial mechanisms, in conjunction with
agricultural production or forest resource management, such
as--
``(I) the provision of performance-based payments to
producers; and
``(II) support for an environmental market; or
``(iv) other projects for which the Secretary determines
that the goals and objectives of the program would be easier
to achieve through the funding agreement under paragraph (1);
and
``(B) submit to the Secretary, in addition to any
information that the Secretary requires to prepare the report
under section 1271E(b), an annual report that describes the
status of the project, including a description of--
``(i) the use of the funds awarded under paragraph (1);
``(ii) any subcontracts awarded;
``(iii) the producers receiving funding through the funding
agreement under paragraph (1);
``(iv)(I) the progress made by the project in addressing
each natural resource concern defined in the funding
agreement under paragraph (1), including in a quantified form
to the extent practicable; and
``(II) as appropriate, other outcomes of the project; and
``(v) any other reporting data the Secretary determines are
necessary to ensure compliance with the program rules.''.
SEC. 2705. FUNDING.
Section 1271D of the Food Security Act of 1985 (16 U.S.C.
3871d) is amended--
(1) in subsection (a)--
(A) by striking ``$100,000,000'' and inserting
``$300,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively;
(4) in subsection (c) (as so redesignated)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``and acres''; and
(ii) by striking ``and reserved for the program under
subsection (c)'';
(B) in paragraph (1)--
(i) by striking ``25 percent of the funds and acres to
projects based on a State competitive process administered by
the State Conservationist, with the advice of the State
technical committee'' and inserting ``50 percent of the funds
to projects based on a State or multistate competitive
process administered by the Secretary at the local level with
the advice of the applicable State technical committees'';
and
(ii) by adding ``and'' after the semicolon;
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph (2); and
(E) in paragraph (2) (as so redesignated), by striking ``35
percent of the funds and acres'' and inserting ``50 percent
of the funds'';
(5) in subsection (d) (as so redesignated)--
(A) by striking ``None of the funds made available or
reserved for the program'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2),
none of the funds made available for the program, including
for a partnership agreement funded through an alternative
funding arrangement or grant agreement under section
1271C(d),''; and
(B) by adding at the end the following:
``(2) Project development and outreach.--Under a
partnership agreement that is not funded through an
alternative funding arrangement or grant agreement under
section 1271C(d), the Secretary may advance reasonable
amounts of funding for not longer than 90 days for technical
assistance to eligible partners to conduct project
development and outreach activities in a project area,
including--
``(A) providing outreach and education to producers for
potential participation in the project;
``(B) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
``(C) providing technical assistance to producers.''; and
(6) by adding at the end the following:
``(e) Technical Assistance.--
``(1) In general.--At the time of project selection, the
Secretary shall identify and make publicly available the
amount that the Secretary shall use to provide technical
assistance under the terms of the partnership agreement.
``(2) Limitation.--The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and
necessary to carry out the objectives of the program.
``(3) Third-party providers.--The Secretary shall develop
and implement strategies to encourage third-party technical
service providers to provide technical assistance to eligible
partners pursuant to a partnership agreement.''.
SEC. 2706. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C.
3871e) is amended--
(1) in subsection (a), by striking ``1271B(d)'' each place
it appears and inserting ``1271B(e)'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``December 31, 2014'' and inserting ``December 31, 2019'';
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) a summary of--
``(A) the progress made towards achieving the conservation
benefits defined for the projects; and
``(B) any other related outcomes of the projects;'';
(D) in paragraph (4) (as so redesignated), by striking
``and'' at the end;
(E) in paragraph (5) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``1271C(b)(2)'' and inserting ``1271C(d)''; and
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(6) in the case of a project within a critical
conservation area under section 1271F, the status of each
priority resource concern for each designated critical
conservation area, including--
``(A) the priority resource concerns for which each
critical conservation area is designated;
``(B) conservation goals and outcomes sufficient to
demonstrate that progress is being made to address the
priority resource concerns;
``(C) the partnership agreements selected to address each
conservation goal and outcome; and
``(D) the extent to which each conservation goal and
outcome is being addressed by the partnership agreements.'';
and
[[Page H9852]]
(3) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary
may not provide assistance under the program to a producer
unless the producer agrees, during the program year for which
the assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.
``(d) Historically Underserved Producers.--To the maximum
extent practicable, in carrying out the program, the
Secretary and eligible partners shall conduct outreach to
beginning farmers and ranchers, veteran farmers and ranchers,
socially disadvantaged farmers and ranchers, and limited
resource farmers and ranchers to encourage participation by
those producers in a project subject to a partnership
agreement or funding agreement under 1271C(d).
``(e) Regulations.--The Secretary shall issue regulations
to carry out the program.''.
SEC. 2707. CRITICAL CONSERVATION AREAS.
Section 1271F of the Food Security Act of 1985 (16 U.S.C.
3871f) is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Critical conservation area.--The term `critical
conservation area' means a geographical area that contains a
critical conservation condition that can be addressed through
the program.
``(2) Priority resource concern.--The term `priority
resource concern' means a natural resource concern located in
a critical conservation area that can be addressed through--
``(A) water quality improvement, including through reducing
erosion, promoting sediment control, and addressing nutrient
management activities affecting large bodies of water of
regional, national, or international significance;
``(B) water quantity improvement, including improvement
relating to--
``(i) drought;
``(ii) groundwater, surface water, aquifer, or other water
sources; or
``(iii) water retention and flood prevention;
``(C) wildlife habitat restoration to address species of
concern at a Federal, State, or local level; and
``(D) other natural resource improvements, as determined by
the Secretary, within the critical conservation area.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``(b) In General.--'' and inserting the
following:
``(b) Applications.--'';
(B) by striking ``1271D(d)(3)'' and inserting
``1271D(d)(2)'';
(C) by striking ``producer'' and inserting ``program''; and
(D) by inserting ``that address 1 or more priority resource
concerns for which the critical conservation area is
designated'' before the period at the end;
(4) in subsection (c) (as so redesignated)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) In general.--The Secretary shall identify 1 or more
priority resource concerns that apply to each critical
conservation area designated under this section after the
date of enactment of the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 649), including the conservation goals and
outcomes sufficient to demonstrate that progress is being
made to address the priority resource concern.'';
(C) in paragraph (2) (as so redesignated)--
(i) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) contains 1 or more priority resource concerns; or'';
and
(ii) by redesignating subparagraph (E) as subparagraph (D);
and
(D) by striking paragraph (3) (as so redesignated) and
inserting the following:
``(3) Review and withdrawal.--The Secretary may--
``(A) review designations of critical conservation areas
under this section not more frequently than once every 5
years; and
``(B) withdraw designation of a critical conservation area
only if the Secretary determines that the area is no longer a
critical conservation area.'';
(5) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Outreach to Eligible Partners and Producers.--The
Secretary shall provide outreach and education to eligible
partners and producers in critical conservation areas
designated under this section to encourage the development of
projects to address each priority resource concern identified
by the Secretary for that critical conservation area.''; and
(6) in subsection (e) (as so redesignated)--
(A) in paragraph (1), by striking ``producer'' and
inserting ``program''; and
(B) by striking paragraph (3).
Subtitle H--Repeals and Technical Amendments
PART I--REPEALS
SEC. 2811. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION
PROGRAM.
(a) In General.--Subtitle G of title II of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; Public Law 107-171) is repealed.
(b) Conforming Amendment.--Section 5059 of the Water
Resources Development Act of 2007 (16 U.S.C. 3801 note;
Public Law 110-114) is repealed.
SEC. 2812. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM.
Section 10608 of the Farm Security and Rural Investment Act
of 2002 (16 U.S.C. 3801 note; Public Law 107-171) is
repealed.
SEC. 2813. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.
Subtitle F of title III of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C. 5801 et seq.)
is repealed.
SEC. 2814. REPEAL OF FLOOD RISK REDUCTION.
Section 385 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7334) is repealed.
SEC. 2815. REPEAL OF STUDY OF LAND USE FOR EXPIRING CONTRACTS
AND EXTENSION OF AUTHORITY.
Section 1437 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101-624)
is repealed.
SEC. 2816. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM
OPTION.
Section 1451 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5822) is repealed.
SEC. 2817. REPEAL OF CLARIFICATION OF DEFINITION OF
AGRICULTURAL LANDS.
Section 325 of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127; 110 Stat. 992) is
repealed.
PART II--TECHNICAL AMENDMENTS
SEC. 2821. TECHNICAL AMENDMENTS.
(a) Watershed Protection and Flood Prevention Act.--Section
5(4) of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1005(4)) is amended--
(1) by striking ``goodwater'' and inserting ``floodwater'';
and
(2) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
(b) Delineation of Wetlands; Exemptions.--Section 1222(j)
of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is
amended by striking ``National Resources Conservation
Service'' and inserting ``Natural Resources Conservation
Service''.
(c) Farmable Wetland Program.--Section 1231B(b)(2)(A)(i) of
the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i))
is amended by adding a semicolon at the end.
(d) Terminal Lakes Assistance.--Section 2507 of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb-
6) is amended--
(1) in subsection (e)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1); and
(C) by adding at the end the following:
``(2) No additional funds.--
``(A) In general.--Nothing in this section authorizes any
additional funds to carry out this section.
``(B) Availability of funds.--Any funds made available to
carry out this section before the date of enactment of the
Agriculture Improvement Act of 2018 may remain available
until expended.''; and
(2) by adding at the end the following:
``(f) Termination of Authority.--The authority provided by
this section shall terminate on October 1, 2023.''.
(e) Delivery of Technical Assistance.--Section 1242 of the
Food Security Act of 1985 (16 U.S.C. 3842) is amended by
striking ``third party'' each place it appears and inserting
``third-party''.
(f) Administrative Requirements for Conservation
Programs.--Section 1244(b)(4)(B) of the Food Security Act of
1985 (16 U.S.C. 3844(b)(4)(B)) is amended by striking
``General Accounting Office'' and inserting ``Government
Accountability Office''.
SEC. 2822. STATE TECHNICAL COMMITTEES.
(a) Standards.--Section 1261(b)(2) of the Food Security Act
of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking ``under
section 1262(b)''.
(b) Composition.--Section 1261(c) of the Food Security Act
of 1985 (16 U.S.C. 3861(c)) is amended by adding at the end
the following:
``(14) The State Cooperative Extension Service and land
grant university in the State.''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3101. LABELING REQUIREMENTS.
Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g))
is amended to read as follows:
``(g) Labeling of Assistance.--Agricultural commodities and
other assistance provided under this title shall, to the
extent practicable, be clearly identified with appropriate
markings on the package or container of such agricultural
commodities or food procured outside of the United States, or
on printed material that accompanies other assistance, in the
language of the locality in which such commodities and other
assistance are distributed, as being furnished by the people
of the United States of America.''.
SEC. 3102. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C.
1722(h)(3)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is
amended--
(1) in subsection (a), by inserting ``to generate proceeds
to be used as provided in this section'' before the period at
the end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 3104. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a))
is amended in paragraphs (1) and (2) by striking ``2018''
both places it appears and inserting ``2023''.
SEC. 3105. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is
amended--
[[Page H9853]]
(1) in subsection (d)(1), in the first sentence, by
striking ``45'' and inserting ``30''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3106. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C.
1726a(c)(1)) is amended by striking ``the Agricultural Act of
2014''and inserting ``the Agriculture Improvement Act of
2018''.
SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C.
1726a(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent, but not less than $17,000,000,''; and
(B) by striking ``2018'' each place it appears and
inserting ``2023''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``2018'' and inserting
``2023''; and
(B) in clause (ii), by striking ``chapter 1 of part I of''.
SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID
TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF
SHELF-STABLE PREPACKAGED FOODS.
Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is
amended--
(1) by amending the section heading to read as follows:
``international food relief partnership.''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF
AGRICULTURAL COMMODITIES AND OTHER ASSISTANCE
ON LOCAL FARMERS AND ECONOMY.
(a) Inclusion of All Modalities.--Section 403(a) of the
Food for Peace Act (7 U.S.C. 1733(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
food procured outside of the United States, food voucher, or
cash transfer for food'' after ``agricultural commodity'';
(2) in paragraph (1), by inserting ``in the case of the
provision of an agricultural commodity,'' before
``adequate''; and
(3) in paragraph (2), by striking ``commodity'' and
inserting ``agricultural commodity or use of the food
procured outside of the United States, food voucher, or cash
transfer for food''.
(b) Avoidance of Disruptive Impact.--Section 403(b) of the
Food for Peace Act (7 U.S.C. 1733(b)) is amended--
(1) in the first sentence, by inserting ``, the use of food
procured outside of the United States, food vouchers, and
cash transfers for food,'' after ``agricultural
commodities''; and
(2) in the second sentence, by striking ``of sales of
agricultural commodities''.
SEC. 3110. ALLOWANCE FOR DISTRIBUTION COSTS.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C.
1736(b)(6)) is amended by striking ``and distribution costs''
and inserting ``, distribution, and program implementation
costs to use the commodities''.
SEC. 3111. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.
1736a(c)(4)(A)) is amended by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3112. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.
(a) In General.--Section 407(f) of the Food for Peace Act
(7 U.S.C. 1736a(f)) is amended to read as follows:
``(f) Annual Report Regarding Food Aid Programs and
Activities.--
``(1) Annual report.--Not later than April 1 of each fiscal
year, the Administrator and the Secretary shall jointly, or
each separately, prepare and submit to the appropriate
committees of Congress a report regarding each program and
activity carried out under this Act by the Administrator, the
Secretary, or both, as applicable, during the prior fiscal
year.
``(2) Contents.--An annual report described in paragraph
(1) shall include, with respect to the prior fiscal year, the
following:
``(A) A list that contains a description of each country
and organization that receives food and other assistance
under this Act (including the quantity of food and assistance
provided to each country and organization).
``(B) A general description of each project and activity
implemented under this Act (including each activity funded
through the use of local currencies) and the total number of
beneficiaries of the project.
``(C) A statement describing the quantity of agricultural
commodities made available to, and the total number of
beneficiaries in, each country pursuant to--
``(i) this Act;
``(ii) section 416(b) of the Agricultural Act of 1949 (7
U.S.C. 1431(b));
``(iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o);
and
``(iv) the McGovern-Dole International Food for Education
and Child Nutrition Program established by section 3107 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
1736o-1).
``(D) An assessment of the progress made through programs
under this Act towards reducing food insecurity in the
populations receiving food assistance from the United States.
``(E) A description of efforts undertaken by the Food Aid
Consultative Group under section 205 to achieve an integrated
and effective food assistance program.
``(F) An assessment of--
``(i) each program oversight, monitoring, and evaluation
system implemented under section 207(f); and
``(ii) the impact of each program oversight, monitoring,
and evaluation system on the effectiveness and efficiency of
assistance provided under this title.
``(G) An assessment of the progress made by the
Administrator in addressing issues relating to quality with
respect to the provision of food assistance.
``(H) A statement of the amount of funds (including funds
for administrative costs, indirect cost recovery, internal
transportation, storage and handling, and associated
distribution costs) provided to each eligible organization
that received assistance under this Act, that further
describes the following:
``(i) How such funds were used by the eligible
organization.
``(ii) The actual rate of return for each commodity made
available under this Act, including factors that influenced
the rate of return, and, for the commodity, the costs of
bagging or further processing, ocean transportation, inland
transportation in the recipient country, storage costs, and
any other information that the Administrator and the
Secretary determine to be necessary.
``(iii) For each instance in which a commodity was made
available under this Act at a rate of return less than 70
percent, the reasons for the rate of return realized.
``(I) For funds expended for purposes of section 202(e),
406(b)(6), and 407(c)(1)(B), a detailed accounting of the
expenditures and purposes of such expenditures with respect
to each such section.
``(3) Rate of return described.--For purposes of applying
subparagraph (H) of paragraph (2), the rate of return for a
commodity shall be equal to the proportion that--
``(A) the proceeds the implementing partners generate
through monetization; bears to
``(B) the cost to the Federal Government to procure and
ship the commodity to a recipient country for
monetization.''.
(b) Conforming Repeal.--Subsection (m) of section 403 of
the Food for Peace Act (7 U.S.C. 1733) is repealed.
SEC. 3113. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO
PROVIDE OTHER ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3114. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Section 412(e) of the Food for Peace Act (7 U.S.C.
1736f(e)) is amended to read as follows:
``(e) Minimum Level of Nonemergency Food Assistance.--
``(1) In general.--For each of fiscal years 2019 through
2023, not less than $365,000,000 of the amounts made
available to carry out emergency and nonemergency food
assistance programs under title II, nor more than 30 percent
of such amounts, shall be expended for nonemergency food
assistance programs under such title.
``(2) Community development funds.--Funds appropriated each
year to carry out part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) that are made available through
grants or cooperative agreements to strengthen food security
in developing countries and that are consistent with section
202(e)(1)(C) may be considered amounts expended for
nonemergency food assistance programs for purposes of
paragraph (1).
``(3) Farmer-to-farmer program.--In determining the amount
expended for a fiscal year for nonemergency food assistance
programs under paragraph (1), amounts expended for that year
to carry out programs under section 501 may be considered
amounts expended for nonemergency food assistance
programs.''.
SEC. 3115. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION
PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g-
2(c)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 3116. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER
PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``section 1342 of title 31, United States Code, or'' after
``Notwithstanding'';
(B) in paragraph (1) by inserting ``technical'' before
``assistance''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``employees or staff of a State cooperative institution (as
such term is defined in paragraph 18 of section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103), except that subparagraphs
(E), (F), and (G) of such paragraph shall not apply),'' after
``private corporations,''; and
(ii) in subparagraph (A)--
(I) by striking ``; and'' at the end of clause (viii); and
(II) by striking clause (ix) and inserting the following:
``(ix) agricultural education and extension;
``(x) selection of seed varieties and plant stocks;
``(xi) knowledge of insecticide and sanitation procedures
to prevent crop destruction;
``(xii) use and maintenance of agricultural equipment and
irrigation systems; and
``(xiii) selection of fertilizers and methods of soils
treatment; and'';
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023'';
(3) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2018'' and inserting
``2023''; and
(4) by adding at the end the following:
``(f) Grant Program to Create New Partners and
Innovation.--
``(1) In general.--The Administrator of the Agency for
International Development shall develop a grant program to be
carried out in fiscal
[[Page H9854]]
years 2019 through 2023 to facilitate new and innovative
partnerships and activities under this title.
``(2) Use of funds.--A grant recipient under this
subsection shall use funds received under this subsection
to--
``(A) prioritize new implementing partners;
``(B) develop innovative volunteer models;
``(C) develop, improve, or maintain strategic partnerships
with other United States development programs; and
``(D) expand the footprint and impact of the programs and
activities under this title, and diversity among program
participants, including land-grant colleges and universities
and cooperative extension services (as such terms are defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
(a) In General.--Section 203 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5623) is amended to read as follows:
``SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
``(a) Establishment.--The Secretary shall carry out
activities under this section--
``(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
``(2) to promote cooperation and the exchange of
information.
``(b) Market Access Program.--
``(1) Definition of eligible trade organization.--In this
subsection, the term `eligible trade organization' means--
``(A) a United States agricultural trade organization or
regional State-related organization that promotes the export
and sale of United States agricultural commodities and that
does not stand to profit directly from specific sales of
United States agricultural commodities;
``(B) a cooperative organization or State agency that
promotes the sale of United States agricultural commodities;
or
``(C) a private organization that promotes the export and
sale of United States agricultural commodities if the
Secretary determines that such organization would
significantly contribute to United States export market
development.
``(2) In general.--The Commodity Credit Corporation shall
establish and carry out a program, to be known as the `Market
Access Program', to encourage the development, maintenance,
and expansion of commercial export markets for United States
agricultural commodities (including commodities that are
organically produced (as defined in section 2103 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6502)))
through cost-share assistance to eligible trade organizations
that implement a foreign market development program.
``(3) Participation requirements.--
``(A) Marketing plan and other requirements.--To be
eligible for cost-share assistance under this subsection, an
eligible trade organization shall--
``(i) prepare and submit a marketing plan to the Secretary
that meets the guidelines governing such a marketing plan
specified in this paragraph or otherwise established by the
Secretary;
``(ii) meet any other requirements established by the
Secretary; and
``(iii) enter into an agreement with the Secretary.
``(B) Purpose of marketing plan.--A marketing plan
submitted under this paragraph shall describe the advertising
or other market oriented export promotion activities to be
carried out by the eligible trade organization with respect
to which assistance under this subsection is being requested.
``(C) Specific elements.--To be approved by the Secretary,
a marketing plan submitted under this paragraph shall--
``(i) specifically describe the manner in which assistance
received by the eligible trade organization, in conjunction
with funds and services provided by the eligible trade
organization, will be expended in implementing the marketing
plan;
``(ii) establish specific market goals to be achieved under
the marketing plan; and
``(iii) contain whatever additional requirements are
determined by the Secretary to be necessary.
``(D) Branded promotion.--A marketing plan approved by the
Secretary may provide for the use of branded advertising to
promote the sale of United States agricultural commodities in
a foreign country under such terms and conditions as may be
established by the Secretary.
``(E) Amendments.--An approved marketing plan may be
amended by the eligible trade organization at any time,
subject to the approval of the amendment by the Secretary.
``(4) Level of assistance and cost-share requirements.--
``(A) In general.--The Secretary shall justify in writing
the level of assistance to be provided to an eligible trade
organization under this subsection and the level of cost
sharing required of the organization.
``(B) Limitation on branded promotion.--Assistance provided
under this subsection for activities described in paragraph
(3)(D) shall not exceed 50 percent of the cost of
implementing the marketing plan, except that the Secretary
may determine not to apply such limitation in the case of
United States agricultural commodities with respect to which
there has been a favorable decision by the United States
Trade Representative under section 301 of the Trade Act of
1974 (19 U.S.C. 2411). Criteria used by the Secretary for
determining that the limitation shall not apply shall be
consistent and documented.
``(5) Other terms and conditions.--
``(A) Multiyear basis.--The Secretary may provide
assistance under this subsection on a multiyear basis,
subject to annual review by the Secretary for compliance with
the approved marketing plan.
``(B) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available under
this subsection if the Secretary determines that--
``(i) the eligible trade organization is not adhering to
the terms and conditions applicable to the provision of the
assistance;
``(ii) the eligible trade organization is not implementing
the approved marketing plan or is not adequately meeting the
established goals of the plan;
``(iii) the eligible trade organization is not adequately
contributing its own resources to the implementation of the
plan; or
``(iv) the Secretary determines that termination of
assistance in a particular instance is in the best interests
of the Market Access Program.
``(C) Evaluations.--Beginning not later than 15 months
after the initial provision of assistance under this
subsection to an eligible trade organization, the Secretary
shall monitor the expenditures by the eligible trade
organization of such assistance, including the following:
``(i) An evaluation of the effectiveness of the marketing
plan of the eligible trade organization in developing or
maintaining markets for United States agricultural
commodities.
``(ii) An evaluation of whether assistance provided under
this subsection is necessary to maintain such markets.
``(iii) A thorough accounting of the expenditure by the
eligible trade organization of the assistance provided under
this subsection.
``(6) Restrictions on use of funds.--Assistance provided
under this subsection to an eligible trade organization may
not be used--
``(A) to provide direct assistance to any foreign for-
profit corporation for the corporation's use in promoting
foreign-produced products; or
``(B) to provide direct assistance to any for-profit
corporation that is not recognized as a small business
concern (as described in section 3(a) of the Small Business
Act (15 U.S.C. 632(a))), excluding--
``(i) a cooperative;
``(ii) an association described in the first section of the
Act entitled `An Act To authorize association of producers of
agricultural products', approved February 18, 1922 (7 U.S.C.
291); or
``(iii) a nonprofit trade association.
``(7) Permissive use of funds.--Assistance provided under
this subsection to a United States agricultural trade
association, cooperative, or small business may be used for
individual branded promotional activity related to a United
States branded product, if the beneficiaries of the activity
have provided funds for the activity in an amount that is at
least equivalent to the amount of such assistance.
``(8) Priority.--In providing assistance for branded
promotion, the Secretary should give priority to small-sized
entities.
``(9) Contribution level.--
``(A) In general.--The Secretary should require a minimum
contribution level of 10 percent from an eligible trade
organization that receives assistance for nonbranded
promotion.
``(B) Increases in contribution level.--The Secretary may
increase the contribution level in any subsequent year that
an eligible trade organization receives assistance for
nonbranded promotion.
``(10) Additionality.--The Secretary should require each
participant in the Market Access Program to certify that any
Federal funds received supplement, but do not supplant,
private or third party participant funds or other
contributions to Program activities.
``(11) Independent audits.--If as a result of an evaluation
or audit of activities of a participant under the Market
Access Program, the Secretary determines that a further
review is justified in order to ensure compliance with the
requirements of the Program, the Secretary should require the
participant to contract for an independent audit of the
Program activities, including activities of any
subcontractor.
``(12) Tobacco.--No funds made available under the Market
Access Program may be used for activities to develop,
maintain, or expand foreign markets for tobacco.
``(c) Foreign Market Development Cooperator Program.--
``(1) Definition of eligible trade organization.--In this
subsection, the term `eligible trade organization' means a
United States trade organization that--
``(A) promotes the export of 1 or more United States
agricultural commodities; and
``(B) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities.
``(2) Establishment.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
program to be known as the `Foreign Market Development
Cooperator Program' to maintain and develop foreign markets
for United States agricultural commodities.
``(3) Use of funds.--Funds made available to carry out this
subsection shall be used only to provide--
``(A) cost-share assistance to an eligible trade
organization under a contract or agreement with the eligible
trade organization; and
``(B) assistance for other costs that are appropriate to
carry out the Foreign Market Development Cooperator Program,
including contingent liabilities that are not otherwise
funded.
``(d) E (Kika) De La Garza Emerging Markets Program.--
``(1) Definition of emerging market.--In this subsection,
the term `emerging market' means any country, foreign
territory, customs union, or other economic market that the
Secretary determines--
``(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
its economy; and
[[Page H9855]]
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities.
``(2) Establishment.--The Secretary shall establish and
carry out a program, to be known as the `E (Kika) de la Garza
Emerging Markets Program'--
``(A) to develop agricultural markets in emerging markets;
and
``(B) to promote cooperation and exchange of information
between agricultural institutions and agribusinesses in the
United States and emerging markets.
``(3) Development of agricultural systems.--
``(A) In general.--
``(i) Implementation.--To develop, maintain, or expand
markets for exports of United States agricultural
commodities, the Secretary shall make available to emerging
markets the expertise of the United States--
``(I) to make assessments of food and rural business
systems needs;
``(II) to make recommendations on measures necessary to
enhance the effectiveness of the food and rural business
systems described in subclause (I), including potential
reductions in trade barriers; and
``(III) to identify and carry out specific opportunities
and projects to enhance the effectiveness of the food and
rural business systems described in subclause (I).
``(ii) Extent of program.--The Secretary shall implement
this subparagraph with respect to at least 3 emerging markets
in each fiscal year.
``(B) Experts from the united states.--The Secretary may
implement subparagraph (A) by providing--
``(i) assistance to teams (consisting primarily of
agricultural consultants, agricultural producers, other
persons from the private sector, and government officials
expert in assessing the food and rural business systems of
other countries) to enable those teams to conduct the
assessments, make the recommendations, and identify the
opportunities and projects described in subparagraph (A)(i)
in emerging markets;
``(ii) for necessary subsistence and transportation
expenses of--
``(I) United States food and rural business system experts,
including United States agricultural producers and other
United States individuals knowledgeable in agricultural and
agribusiness matters, to enable such United States food and
rural business system experts to assist in transferring
knowledge and expertise to entities from emerging markets;
and
``(II) individuals designated by emerging markets to enable
such designated individuals to consult with such United
States experts to enhance food and rural business systems of
such emerging markets and to transfer knowledge and expertise
to such emerging markets.
``(C) Cost-sharing.--The Secretary shall encourage the
nongovernmental experts described in subparagraph (B) to
share the costs of, and otherwise assist in, the
participation of those experts in the E (Kika) de la Garza
Emerging Markets Program.
``(D) Technical assistance.--The Secretary is authorized to
provide, or pay the necessary costs for, technical assistance
(including the establishment of extension services) to enable
individuals or other entities to carry out recommendations,
projects, and opportunities in emerging markets, including
recommendations, projects, and opportunities described in
subclauses (II) and (III) of subparagraph (A)(i).
``(E) Reports to secretary.--A team that receives
assistance under subparagraph (B)(i) shall prepare and submit
to the Secretary such reports as the Secretary may require.
``(F) Advisory committee.--To provide the Secretary with
information that may be useful to the Secretary in carrying
out this subsection, the Secretary may establish an advisory
committee composed of representatives of the various sectors
of the food and rural business systems of the United States.
``(G) Effect.--The authority provided under this subsection
shall be in addition to and not in place of any other
authority of the Secretary or the Commodity Credit
Corporation.
``(e) Technical Assistance for Specialty Crops.--
``(1) Establishment.--The Secretary of Agriculture shall
establish an export assistance program, in this subsection
referred to as the `program', to address existing or
potential unique barriers that prohibit or threaten the
export of United States specialty crops.
``(2) Purpose.--The program shall provide direct assistance
through public and private sector projects and technical
assistance, including through the program under section 2(e)
of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate
existing or potential sanitary, phytosanitary, and technical
barriers to trade.
``(3) Priority.--The program shall address time sensitive
and strategic market access projects based on--
``(A) trade effect on market retention, market access, and
market expansion; and
``(B) trade impact.
``(4) Multiyear projects.--The Secretary may provide
assistance under the program to a project for longer than a
5-year period if the Secretary determines that further
assistance would effectively support the purpose described in
paragraph (2).
``(5) Outreach and technical assistance.--The Secretary
shall--
``(A) conduct outreach to inform eligible organizations of
the requirements of the program and the process by which such
organizations may submit proposals for funding;
``(B) provide technical assistance to eligible
organizations to assist in developing proposals and complying
with the requirements of the program; and
``(C) solicit input from eligible organizations on
improvements to streamline and facilitate the provision of
assistance under this subsection.
``(6) Regulations and procedures.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall review program regulations, procedures, and
guidelines for assistance under this subsection and make
revisions to streamline, improve, and clarify the
application, approval and compliance processes for such
assistance, including revisions to implement the requirements
of paragraph (5).
``(B) Considerations.--In reviewing and making revisions
under subparagraph (A), the Secretary shall consider--
``(i) establishing accountability standards that are
appropriate for the size and scope of a project; and
``(ii) establishing streamlined application and approval
processes, including for smaller-scale projects or projects
to address time-sensitive trade barriers.
``(7) Annual report.--Each year, the Secretary shall submit
to the appropriate committees of Congress a report that
contains, for the period covered by the report, a description
of--
``(A) each factor that affects the export of specialty
crops, including each factor relating to any--
``(i) significant sanitary or phytosanitary issue;
``(ii) trade barrier; or
``(iii) emerging sanitary or phytosanitary issue or trade
barrier; and
``(B)(i) any funds provided under subsection (f)(3)(A)(iv)
that were not obligated in a fiscal year; and
``(ii) the reason such funds were not obligated.
``(f) Funding and Administration.--
``(1) Commodity credit corporation.--The Secretary shall
use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this section.
``(2) Funding amount.--For each of fiscal years 2019
through 2023, of the funds of, or an equal value of
commodities owned by, the Commodity Credit Corporation, the
Secretary shall use to carry out this section $255,000,000,
to remain available until expended.
``(3) Allocation.--
``(A) In general.--For each of fiscal years 2019 through
2023, the Secretary shall allocate funds to carry out this
section in accordance with the following:
``(i) Market access program.--For market access activities
authorized under subsection (b), of the funds of, or an equal
value of commodities owned by, the Commodity Credit
Corporation, not less than $200,000,000 for each fiscal year.
``(ii) Foreign market development cooperator program.--To
carry out subsection (c), of the funds of, or an equal value
of commodities owned by, the Commodity Credit Corporation,
not less than $34,500,000 for each fiscal year.
``(iii) E (kika) de la garza emerging markets program.--To
provide assistance under subsection (d), of the funds of, or
an equal value of commodities owned by, the Commodity Credit
Corporation, not more than $8,000,000 for each fiscal year.
``(iv) Technical assistance for specialty crops.--To carry
out subsection (e), of the funds of, or an equal value of the
commodities owned by, the Commodity Credit Corporation,
$9,000,000 for each fiscal year.
``(v) Priority trade fund.--
``(I) In general.--In addition to the amounts allocated
under clauses (i) through (iv), and notwithstanding any
limitations in those clauses, as determined by the Secretary,
for 1 or more programs under this section for authorized
activities to access, develop, maintain, and expand markets
for United States agricultural commodities, $3,500,000 for
each fiscal year.
``(II) Considerations.--In allocating funds made available
under subclause (I), the Secretary may consider providing a
greater allocation to 1 or more programs under this section
for which the amounts requested under applications exceed
available funding for the 1 or more programs.
``(B) Reallocation.--Any funds allocated under clauses (i)
through (iv) of subparagraph (A) that remain unobligated one
year after the end of the fiscal year in which they are first
made available shall be reallocated to the priority trade
fund under subparagraph (A)(v). To the maximum extent
practicable, the Secretary shall allocate such reallocated
funds to support exports of those types of United States
agricultural commodities eligible for assistance under the
program for which the funds were originally allocated under
subparagraph (A).
``(4) Cuba.--Notwithstanding section 908 of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7207) or any other provision of law, funds made
available under this section may be used to carry out the
programs authorized under subsections (b) and (c) in Cuba.
Funds may not be used as described in the previous sentence
in contravention with directives set forth under the National
Security Presidential Memorandum entitled `Strengthening the
Policy of the United States Toward Cuba' issued by the
President on June 16, 2017, during the period in which that
memorandum is in effect.
``(5) Authorization of appropriations.--In addition to any
other amounts provided under this subsection, there are
authorized to be appropriated such sums as are necessary to
carry out the programs and authorities under paragraph
(3)(A)(v) and subsections (b) through (e).''.
(b) Conforming Amendments.--
(1) Market access program.--
[[Page H9856]]
(A) Section 211 of the Agricultural Trade Act of 1978 (7
U.S.C. 5641) is amended by striking subsection (c).
(B) Section 402(a)(1) of the Agricultural Trade Act of 1978
(7 U.S.C. 5662(a)(1)) is amended by striking ``203'' and
inserting ``203(b)''.
(C) Section 282(f)(2)(C) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking
``section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623)'' and inserting ``section 203(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623(b))''.
(D) Section 718 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 1999 (7 U.S.C. 5623 note; Public Law 105-277) is amended
by striking ``section 203 of the Agricultural Trade Act of
1978 (7 U.S.C. 5623)'' and inserting ``section 203(b) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623(b)''.
(E) Section 1302 of the Omnibus Budget Reconciliation Act
of 1993 is repealed.
(2) Foreign market development cooperator program.--Title
VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et
seq.) is repealed.
(3) E (kika) de la garza emerging markets program.--
(A) Section 1542 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101-624)
is amended--
(i) by striking subsection (d);
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively; and
(iii) in subsection (e) (as so redesignated)--
(I) in the matter preceding paragraph (1), by striking
``country'' and inserting ``country, foreign territory,
customs union, or other economic market''; and
(II) in paragraph (1), by striking ``the economy of the
country'' and inserting ``its economy''.
(B) Section 1543(b)(5) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is
amended by striking ``section 1542(f)'' and inserting
``section 1542(e)''.
(C) Section 1543A(c)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is
amended by inserting ``and section 203(d) of the Agricultural
Trade Act of 1978'' after ``section 1542''.
(4) Technical assistance for specialty crops.--Section 3205
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 5680) is repealed.
Subtitle C--Other Agricultural Trade Laws
SEC. 3301. GROWING AMERICAN FOOD EXPORTS.
Section 1543A of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5679) is amended--
(1) in subsection (b)(1)(A), by inserting ``or new
agricultural production technologies'' after
``biotechnology''; and
(2) in subsection (d), by striking ``$6,000,000'' and all
that follows through the period at the end and inserting
``$2,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 3302. FOOD FOR PROGRESS ACT OF 1985.
Section 1110 of the Food Security Act of 1985 (also known
as the Food for Progress Act of 1985 (7 U.S.C. 1736o)) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) by striking ``and'' at the end of subparagraph (E);
(ii) by redesignating subparagraph (F) as subparagraph (G);
and
(iii) by inserting after subparagraph (E) the following new
subparagraph:
``(F) a college or university (as such terms are defined in
section 1404(4) of the Food and Agriculture Act of 1977 (7
U.S.C. 3103(4)); and''; and
(B) by adding at the end the following new paragraphs:
``(10) Rate of return.--For purposes of applying subsection
(j)(3), the rate of return for an eligible commodity shall be
equal to the proportion that--
``(A) the proceeds eligible entities generate through
monetization of such commodity, bears to
``(B) the cost to the Federal Government to procure and
ship the commodity to the country where it is monetized.
``(11) Secretary.--The term `Secretary' means the Secretary
of Agriculture.'';
(3) in subsection (f)(3), by striking ``2018'' and
inserting ``2023'';
(4) in subsection (g), by striking ``2018'' and inserting
``2023'';
(5) in subsection (j)(3)--
(A) by striking ``December 1'' and inserting ``April 1'';
(B) by striking ``of the Senate a list of programs'' and
inserting ``of the Senate--
``(A) a list of programs'';
(C) by striking ``approved to date for the fiscal year''
and inserting ``approved during the prior fiscal year'';
(D) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following new subparagraphs:
``(B) a description of the actual rate of return for each
commodity made available under this section for the previous
fiscal year including--
``(i) factors that influenced the rate of return; and
``(ii) with respect to the commodity, the costs of bagging
or further processing, ocean transportation, inland
transportation, storage costs, and any other information that
the Secretary determines to be necessary; and
``(C) for each instance in which a commodity was made
available under this section at a rate of return less than 70
percent, an explanation for the rate of return realized.''.
(6) in subsection (k), by striking ``2018'' and inserting
``2023'';
(7) in subsection (l)(1), by striking ``2018'' and
inserting ``2023'';
(8) in the heading of subsection (m), by striking
``Presidential'' and inserting ``Secretarial'';
(9) in subsection (o), by striking ``(acting through the
Secretary)'';
(10) in subsection (o)(1), by striking ``subparagraphs (C)
and (F)'' and inserting ``subparagraphs (C) and (G)''; and
(11) by adding at the end the following new subsection:.
``(p) Pilot Agreements.--
``(1) In general.--For each of fiscal years 2019 through
2023, subject to the availability of appropriations pursuant
to the authorization in paragraph (3), the Secretary shall
enter into 1 or more pilot agreements with 1 or more eligible
entities through which the Secretary shall provide financial
assistance to the eligible entities to carry out activities
consistent with subsection (l)(4)(A).
``(2) Report required.--In each of fiscal years 2020
through 2024, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing, with respect to the previous fiscal year--
``(A) the amount provided to eligible entities under each
pilot agreement pursuant to paragraph (1) and how the funds
were used;
``(B) the activities carried out under each pilot
agreement;
``(C) the number of direct and indirect beneficiaries of
those activities; and
``(D) the effectiveness of the pilot agreements, including
as applicable the impact on food security and agricultural
productivity.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out pilot agreements pursuant to
this subsection $10,000,000 for each of fiscal years 2019
through 2023.''.
SEC. 3303. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7
U.S.C. 1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3304. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING
MARKETS.
Section 1542(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3305. COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in subsection (a), by striking ``for study in the
United States.'' and inserting the following: ``for study--
``(1) in the United States; or
``(2) at a college or university located in an eligible
country that the Secretary determines--
``(A) has sufficient scientific and technical facilities;
``(B) has established a partnership with at least one
college or university in the United States; and
``(C) has substantial participation by faculty members of
the United States college or university in the design of the
fellowship curriculum and classroom instruction under the
fellowship.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(which may include
agricultural extension services)'' after ``systems''; and
(B) in paragraph (2)--
(i) by striking ``enhance trade'' and inserting the
following: ``enhance--
``(A) trade'';
(ii) in subparagraph (A) (as so designated) by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(B) linkages between agricultural interests in the United
States and regulatory systems governing sanitary and
phytosanitary standards for agricultural products that--
``(i) may enter the United States; and
``(ii) may pose risks to human, animal, or plant life or
health.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``$3,000,000'' and
inserting ``$4,000,000'';
(B) in paragraph (2), by striking ``$2,000,000'' and
inserting ``$3,000,000''; and
(C) in paragraph (3), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND
TECHNOLOGY FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j)
is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by striking
``shall support'' and inserting ``support'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(E) the development of agricultural extension services in
eligible countries.''; and
(2) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Leveraging alumni engagement.--In carrying out the
purposes and programs under this section, the Secretary shall
encourage ongoing engagement with fellowship recipients who
have completed training under the program to provide advice
regarding, and participate in, new or ongoing agricultural
development projects, with a priority for capacity-building
projects.''.
[[Page H9857]]
SEC. 3307. INTERNATIONAL AGRICULTURAL EDUCATION FELLOWSHIP
PROGRAM.
(a) Fellowship Program Establishment.--The Secretary shall
establish a fellowship program to be known as the
International Agricultural Education Fellowship Program to
provide fellowships to citizens of the United States to
assist eligible countries in developing school-based
agricultural education and youth extension programs.
(b) Eligible Country Described.--For purposes of this
section, an eligible country is a developing country, as
determined by the Secretary using a gross national income per
capita test selected by the Secretary.
(c) Purpose of Fellowships.--The goals of providing a
fellowship under this section are to--
(1) develop globally minded United States agriculturists
with experience living abroad;
(2) focus on meeting the food and fiber needs of the
domestic population of eligible countries; and
(3) strengthen and enhance trade linkages between eligible
countries and the United States agricultural industry.
(d) Eligible Candidates.--The Secretary may provide
fellowships to citizens of the United States who--
(1) hold at least a bachelors degree in an agricultural
related field of study; and
(2) have an understanding of United States school-based
agricultural education and youth extension programs, as
determined by the Secretary.
(e) Candidate Identification.--The Secretary shall consult
with the National FFA Organization, the National 4-H Council,
and other entities as the Secretary determines are
appropriate to identify candidates for fellowships.
(f) Program Implementation.--The Secretary shall provide
for the management, coordination, evaluation, and monitoring
of the Fellowship Program, except that the Secretary may
contract out the management of the fellowship program to an
outside organization with experience in implementing
fellowship programs focused on building capacity for school-
based agricultural education and youth extension programs in
developing countries.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 to carry out this section for each of fiscal years
2019 through 2023.
(2) Duration.--Any funds made available under this
subsection shall remain available until expended.
SEC. 3308. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
The Food, Agriculture, Conservation, and Trade Act of 1990
is amended by inserting after section 1543A (7 U.S.C. 5679)
the following:
``SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL
ASSISTANCE.
``(a) Definition of International Food Security.--In this
section, the term `international food security' means access
by any person at any time to food and nutrition that is
sufficient for a healthy and productive life.
``(b) Collection of Information.--The Secretary of
Agriculture (referred to in this section as the `Secretary')
shall compile information from appropriate mission areas of
the Department of Agriculture (including the Food, Nutrition,
and Consumer Services mission area) relating to the
improvement of international food security.
``(c) Public Availability.--To benefit programs for the
improvement of international food security, the Secretary
shall organize the information described in subsection (b)
and make the information available in a format suitable for--
``(1) public education; and
``(2) use by--
``(A) a Federal, State, or local agency;
``(B) an agency or instrumentality of the government of a
foreign country;
``(C) a domestic or international organization, including a
domestic or international nongovernmental organization; and
``(D) an intergovernmental organization.
``(d) Technical Assistance.--On request by an entity
described in subsection (c)(2), the Secretary may provide
technical assistance to the entity to implement a program for
the improvement of international food security.
``(e) Program Priority.--In carrying out this section, the
Secretary shall give priority to programs relating to the
development of food and nutrition safety net systems with a
focus on food insecure countries.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 3309. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND
CHILD NUTRITION PROGRAM.
Section 3107 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1736o-1) is amended--
(1) in subsection (a)--
(A) by striking ``that is'' and inserting the following:
``that--
``(1) is'';
(B) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(2)(A) is produced in and procured from--
``(i) a developing country that is a recipient country; or
``(ii) a developing country in the same region as a
recipient country; and
``(B) at a minimum, meets each nutritional, quality, and
labeling standard of the recipient country, as determined by
the Secretary.'';
(2) in subsection (c)(2)(A)--
(A) in clause (v)(IV), by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the costs associated with transporting the
commodities described in subsection (a)(2) from a developing
country described in subparagraph (A)(ii) of that subsection
to any designated point of entry within the recipient
country; and'';
(3) in subsection (f)(1)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) ensure to the maximum extent practicable that
assistance--
``(i) is provided under this section in a timely manner;
and
``(ii) is available when needed throughout the applicable
school year;''; and
(4) in subsection (l)--
(A) in paragraph (2), by striking ``2018'' and inserting
``2023''; and
(B) by adding at the end the following:
``(4) Purchase of commodities.--Of the funds made available
to carry out this section, not more than 10 percent shall be
used to purchase agricultural commodities described in
subsection (a)(2).''.
SEC. 3310. GLOBAL CROP DIVERSITY TRUST.
Section 3202 of the Food, Conservation, and Energy Act of
2008 (22 U.S.C. 2220a note; Public Law 110-246) is amended--
(1) by amending subsection (b) to read as follows:
``(b) United States Contribution Limit.--
``(1) In general.--The aggregate contributions of funds of
the Federal Government provided to the Trust shall not
exceed--
``(A) for the period of fiscal years 2014 through 2018, 25
percent of the total amount of funds contributed to the Trust
from all sources; and
``(B) subject to paragraph (2), effective beginning with
fiscal year 2019, 33 percent of the total amount of funds
contributed to the Trust from all sources.
``(2) Annual limitation.--The contributions of funds of the
Federal Government provided to the Trust shall not exceed
$5,500,000 for each of fiscal years 2019 through 2023.''; and
(2) in subsection (c), by striking ``2018'' and inserting
``2023''.
SEC. 3311. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206(e)(1) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended--
(1) by inserting ``to the Secretary'' after
``appropriated''; and
(2) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3312. FOREIGN TRADE MISSIONS.
(a) Tribal Representation on Trade Missions.--
(1) In general.--The Secretary, in consultation with the
Tribal Advisory Committee established under subsection (b)(2)
of section 309 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6921(b)(2)) (as added by section 12303(2)) (referred
to in this section as the ``Advisory Committee''), shall
seek--
(A) to support the greater inclusion of Tribal agricultural
and food products in Federal trade-related activities; and
(B) to increase the collaboration between Federal trade
promotion efforts and other Federal trade-related activities
in support of the greater inclusion sought under subparagraph
(A).
(2) Interdepartmental coordination.--In carrying out
activities to increase the collaboration described in
paragraph (1)(B), the Secretary shall coordinate with--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) Report; Goals.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report
describing the efforts of the Department of Agriculture and
other Federal agencies under this section to--
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of
Representatives;
(C) the Committee on Energy and Commerce of the House of
Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(E) the Committee on Commerce, Science, and Transportation
of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish goals
for measuring, in an objective and quantifiable format, the
extent to which Indian Tribes and Tribal agricultural and
food products are included in the trade-related activities of
the Department of Agriculture.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) Definition.--Section 3(o)(1) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking ``or
house-to-house trade route'' and inserting ``, house-to-house
trade route, or online entity''.
(b) Acceptance of Benefits.--Section 7(k) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended--
(1) by striking the heading and inserting ``Acceptance of
Program Benefits Through Online Transactions'',
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
[[Page H9858]]
SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(u)) is amended by inserting after the 1st
sentence the following:
``By 2022 and at 5-year intervals thereafter, the Secretary
shall re-evaluate and publish the market baskets of the
thrifty food plan based on current food prices, food
composition data, consumption patterns, and dietary
guidance.''.
SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) In General.--Section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Administrative costs.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall pay not less than 80 percent of
administrative costs and distribution costs on Indian
reservations as the Secretary determines necessary for
effective administration of such distribution by a State
agency or tribal organization.
``(B) Waiver.--The Secretary shall waive up to 100 percent
of the non-Federal share of the costs described in
subparagraph (A) if the Secretary determines that--
``(i) the tribal organization is financially unable to
provide a greater non-Federal share of the costs; or
``(ii) providing a greater non-Federal share of the costs
would be a substantial burden for the tribal organization.
``(C) Limitation.--The Secretary may not reduce any
benefits or services under the food distribution program on
Indian reservations under this subsection to any tribal
organization that is granted a waiver under subparagraph (B).
``(D) Tribal contribution.--The Secretary may allow a
tribal organization to use funds provided to the tribal
organization through a Federal agency or other Federal
benefit to satisfy all or part of the non-Federal share of
the costs described in subparagraph (A) if that use is
otherwise consistent with the purpose of the funds.'',
(2) in paragraph (6)--
(A) in the heading by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(B) in subparagraph (A) by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(C) in subparagraph (C)--
(i) in the heading by striking ``locally grown'' and
inserting ``locally- and regionally-grown'', and
(ii) by striking ``locally-grown'' and inserting ``locally-
and regionally-grown'',
(D) by amending subparagraph (D) to read as follows:
``(D) Purchase of foods.--In carrying out this paragraph,
the Secretary shall purchase or offer to purchase those
traditional foods that may be procured cost-effectively.'',
(E) by striking subparagraph (E), and
(F) in subparagraph (F)--
(i) by striking ``(F)'' and inserting ``(E)'', and
(ii) by striking ``2018'' and inserting ``2023'', and
(3) by adding at the end the following:
``(7) Availability of funds.--
``(A) In general.--Funds made available for a fiscal year
to carry out this subsection shall remain available for
obligation for a period of 2 fiscal years.
``(B) Administrative costs.--Funds made available for a
fiscal year to carry out paragraph (4) shall remain available
for obligation by the State agency or tribal organization for
a period of 2 fiscal years.''.
(b) Demonstration Project for Tribal Organizations.--
(1) Definitions.--In this subsection:
(A) Demonstration project.--The term ``demonstration
project'' means the demonstration project established under
paragraph (2).
(B) Food distribution program.--The term ``food
distribution program'' means the food distribution program on
Indian reservations carried out under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(C) Indian reservation.--The term ``Indian reservation''
has the meaning given the term ``reservation'' in section 3
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(D) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(E) Self-determination contract.--The term ``self-
determination contract'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(2) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish a demonstration
project under which 1 or more tribal organizations may enter
into self-determination contracts to purchase agricultural
commodities under the food distribution program for the
Indian reservation of that tribal organization.
(3) Eligibility.--
(A) Consultation.--The Secretary shall consult with the
Secretary of the Interior and Indian tribes to determine the
process and criteria under which a tribal organization may
participate in the demonstration project.
(B) Criteria.--The Secretary shall select for participation
in the demonstration project tribal organizations that--
(i) are successfully administering the food distribution
program of the tribal organization under section 4(b)(2)(B)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)(2)(B)),
(ii) have the capacity to purchase agricultural commodities
in accordance with paragraph (4) for the food distribution
program of the tribal organization, and
(iii) meet any other criteria determined by the Secretary,
in consultation with the Secretary of the Interior and Indian
tribes.
(4) Procurement of agricultural commodities.--Any
agricultural commodities purchased by a tribal organization
under the demonstration project shall--
(A) be domestically produced,
(B) supplant, not supplement, the type of agricultural
commodities in existing food packages for that tribal
organization,
(C) be of similar or higher nutritional value as the type
of agricultural commodities that would be supplanted in the
existing food package for that tribal organization, and
(D) meet any other criteria determined by the Secretary.
(5) Report.--Not later than 1 year after the date on which
funds are appropriated under paragraph (6) and annually
thereafter, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report describing the activities carried out under the
demonstration project during the preceding year.
(6) Funding.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000, to remain available until expended.
(B) Appropriations in advance.--Only funds appropriated
under subparagraph (A) in advance specifically to carry out
this subsection shall be available to carry out this
subsection.
(c) Conforming Amendment.--Section 3(v) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by
striking ``the Indian Self-Determination Act (25 U.S.C.
450b(b))'' and inserting ``section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)''.
SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(e)(6)(D)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by striking clause (i) and inserting the following:
``(i) Alternative deduction.--The State agency shall allow
a deduction of $143 a month for households--
``(I) in which all members are homeless individuals;
``(II) that are not receiving free shelter throughout the
month; and
``(III) that do not opt to claim an excess shelter expense
deduction under subparagraph (A).
``(ii) Adjustment.--For fiscal year 2019 and each
subsequent fiscal year the amount of the homeless shelter
deduction specified in clause (i) shall be adjusted to
reflect changes for the 12-month period ending the preceding
November 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
SEC. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
(a) Employment and Training Programs That Meet State and
Local Workforce Needs.--Section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``, in consultation with the State
workforce development board, or, if the State demonstrates
that consultation with private employers or employer
organizations would be more effective or efficient, in
consultation with private employers or employer
organizations,'' after ``designed by the State agency'', and
(ii) by striking ``that will increase their ability to
obtain regular employment.'' and inserting the following:
``that will--
``(I) increase the ability of the household members to
obtain regular employment; and
``(II) meet State or local workforce needs.'', and
(B) in clause (ii) by inserting ``and implemented to meet
the purposes of clause (i)'' after ``under this paragraph'',
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``case
management services such as comprehensive intake assessments,
individualized service plans, progress monitoring, or
coordination with service providers and'' after ``contains'',
(B) in clause (iv) by redesignating subclauses (I) and (II)
as items (aa) and (bb), respectively, and indenting
appropriately,
(C) by redesignating clauses (i) through (vii) and clause
(viii) as subclauses (I) through (VII) and subclause (IX),
respectively, and indenting appropriately,
(D) by striking subclause (I), as so redesignated, and
inserting the following:
``(I) Supervised job search programs that occur at State-
approved locations at which the activities of participants
shall be directly supervised and the timing and activities of
participants tracked in accordance with guidelines issued by
the State.'',
(E) in subclause (II), as so redesignated, by striking
``jobs skills assessments, job finding clubs, training in
techniques for'' and inserting ``employability assessments,
training in techniques to increase'',
(F) in subclause (IV), as so redesignated, in the first
sentence, by inserting ``, including subsidized employment
and apprenticeships'' before the period at the end,
(G) in subclause (VII), as so redesignated, by inserting
``not less than 30 days but'' after ``period of'',
(H) by inserting after subclause (VII), as so redesignated,
the following:
[[Page H9859]]
``(VIII) Programs and activities under clause (iv) of
section 16(h)(1)(F) that the Secretary determines, based on
results from the independent evaluations conducted under
clause (vii)(I) of such section, have the most demonstrable
impact on the ability of participants to find and retain
employment that leads to increased household income and
reduced reliance on public assistance.'',
(I) in the matter preceding subclause (I), as so
redesignated--
(i) by striking ``this subparagraph'' and inserting ``this
clause'', and
(ii) by striking ``(B) For purposes of this Act, an'' and
inserting the following:
``(B) Definitions.--In this Act:
``(i) Employment and training program.--The term'', and
(J) by adding at the end the following:
``(ii) Workforce partnership.--
``(I) In general.--The term `workforce partnership' means a
program that--
``(aa) is operated by--
``(AA) a private employer, an organization representing
private employers, or a nonprofit organization providing
services relating to workforce development; or
``(BB) an entity identified as an eligible provider of
training services under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152(d));
``(bb) the Secretary certifies, or the State agency
certifies to the Secretary--
``(AA) subject to subparagraph (N)(ii), would assist
participants who are members of households participating in
the supplemental nutrition assistance program in gaining
high-quality, work-relevant skills, training, work, or
experience that will increase the ability of the participants
to obtain regular employment;
``(BB) subject to subparagraph (N)(ii), would provide
participants with not less than 20 hours per week of
training, work, or experience under subitem (AA);
``(CC) would not use any funds authorized to be
appropriated by this Act;
``(DD) would provide sufficient information, on request by
the State agency, for the State agency to determine that
participants who are members of households participating in
the supplemental nutrition assistance program are fulfilling
any applicable work requirement under this subsection or
subsection (o);
``(EE) would be willing to serve as a reference for
participants who are members of households participating in
the supplemental nutrition assistance program for future
employment or work-related programs; and
``(FF) meets any other criteria established by the
Secretary, on the condition that the Secretary shall not
establish any additional criteria that would impose
significant paperwork burdens on the workforce partnership;
and
``(cc) is in compliance with the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), if applicable.
``(II) Inclusion.--The term `workforce partnership'
includes a multistate program.'',
(3) in subparagraph (E)--
(A) in the second sentence, by striking ``Such
requirements'' and inserting the following:
``(ii) Variation.--The requirements under clause (i)'',
(B) by striking ``(E) Each State'' and inserting the
following:
``(E) Requirements for participation for certain
individuals.--
``(i) In general.--Each State'', and
(C) by adding at the end the following:
``(iii) Application to workforce partnerships.--To the
extent that a State agency requires an individual to
participate in an employment and training program, the State
agency shall consider an individual participating in a
workforce partnership to be in compliance with the employment
and training requirements.'',
(4) in subparagraph (H), by striking ``(B)(v)'' and
inserting ``(B)(i)(V)'', and
(5) by adding at the end the following:
``(N) Workforce partnerships.--
``(i) Certification.--In certifying that a program meets
the requirements of subitems (AA) and (BB) of subparagraph
(B)(ii)(I)(bb) to be certified as a workforce partnership,
the Secretary or the State agency shall require that the
program submit to the Secretary or State agency sufficient
information that describes--
``(I) the services and activities of the program that would
provide participants with not less than 20 hours per week of
training, work, or experience under those subitems; and
``(II) how the program would provide services and
activities described in subclause (I) that would directly
enhance the employability or job readiness of the
participant.
``(ii) Supplement, not supplant.--A State agency may use a
workforce partnership to supplement, not to supplant, the
employment and training program of the State agency.
``(iii) Participation.--A State agency--
``(I) shall--
``(aa) maintain a list of workforce partnerships certified
under subparagraph (B)(ii)(I)(bb); and
``(bb) not less frequently than at certification and
recertification, provide to a household member subject to
work requirements under subsection (d)(1) or subsection (o),
electronically or by other means, the list described in item
(aa); but
``(II) may not require any member of a household
participating in the supplemental nutrition assistance
program to participate in a workforce partnership.
``(iv) Effect.--
``(I) In general.--A workforce partnership shall not
replace the employment or training of an individual not
participating in the workforce partnership.
``(II) Selection.--Nothing in this subsection or subsection
(o) affects the criteria or screening process for selecting
participants by a workforce partnership.
``(v) Limitation on reporting requirements.--In carrying
out this subparagraph, the Secretary and each applicable
State agency shall limit the reporting requirements of a
workforce partnership to--
``(I) on notification that an individual is receiving
supplemental nutrition assistance program benefits, notifying
the applicable State agency that the individual is
participating in the workforce partnership;
``(II) identifying participants who have completed or are
no longer participating in the workforce partnership;
``(III) identifying changes to the workforce partnership
that result in the workforce partnership no longer meeting
the certification requirements of the Secretary or the State
agency under subparagraph (B)(ii)(I)(bb); and
``(IV) providing sufficient information, on request by the
State agency, for the State agency to verify that a
participant is fulfilling any applicable work requirements
under this subsection or subsection (o).
``(O) Referral of certain individuals.--
``(i) In general.--In accordance with such regulations as
may be issued by the Secretary, with respect to any
individual who is not eligible for an exemption under
paragraph (2) and who is determined by the operator of an
employment and training program component to be ill-suited to
participate in that employment and training program
component, the State agency shall--
``(I) refer the individual to an appropriate employment and
training program component;
``(II) refer the individual to an appropriate workforce
partnership, if available;
``(III) reassess the physical and mental fitness of the
individual under paragraph (1)(A); or
``(IV) to the maximum extent practicable, coordinate with
other Federal, State, or local workforce or assistance
programs to identify work opportunities or assistance for the
individual.
``(ii) Process.--In carrying out clause (i), the State
agency shall ensure that an individual undergoing and
complying with the process established under that clause
shall not be found to have refused without good cause to
participate in an employment and training program.''.
(b) Work Requirements.--Section 6(o) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``and'' at the end,
(B) in subparagraph (C) by striking ``job search program or
a job search training program.'' and inserting ``supervised
job search program or job search training program;'', and
(C) by adding at the end the following:
``(D) a program of employment and training for veterans
operated by the Department of Labor or the Department of
Veterans Affairs, and approved by the Secretary; and
``(E) a workforce partnership under subsection
(d)(4)(N).'',
(2) in paragraph (4)(A) by inserting ``and with the support
of the chief executive officer of the State'' after
``agency'', and
(3) in paragraph (6)--
(A) in the heading by striking ``15-percent exemption'' and
inserting ``Exemptions'',
(B) in subparagraph (B) by striking ``(G)'' and inserting
``(H)'',
(C) in subparagraph (C) by striking ``(E) and (G)'' and
inserting ``(F) and (H)'' ,
(D) in subparagraph (D)--
(i) in the heading by striking ``Subsequent fiscal years''
and inserting ``Fiscal years 1999 through 2019'',
(ii) by striking ``(E) through (G)'' and inserting ``(F)
through (H)'', and
(iii) by striking ``year,'' and inserting ``year through
fiscal year 2019,'',
(E) in subparagraph (E) by striking ``or (D)'' and
inserting ``, (D), or (E)'',
(F) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively, and
(G) by inserting after subparagraph (D) the following:
``(E) Subsequent fiscal years.--Subject to subparagraphs
(F) through (H), for fiscal year 2020 and each subsequent
fiscal year, a State agency may provide a number of
exemptions such that the average monthly number of exemptions
in effect during the fiscal year does not exceed 12 percent
of the number of covered individuals in the State, as
estimated by the Secretary under subparagraph (C), adjusted
by the Secretary to reflect changes in the State's caseload
and the Secretary's estimate of changes in the proportion of
members of households that receive supplemental nutrition
assistance program benefits covered by waivers granted under
paragraph (4).''.
(c) State Plans.--Section 11 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2020) is amended--
(1) in subsection (e)(19) by inserting ``the extent to
which such programs will be carried out in coordination with
the activities carried out under title I of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),''
before ``and the basis,'', and
(2) by adding at the end the following:
``(w) For households containing at least one adult, with no
elderly or disabled members and with no earned income at
their last certification or required report, a State agency
shall, at the time of recertification, be required to advise
members of the household not exempt under section 6(d)(2)
regarding available employment and training services.''.
(d) Funding of Employment and Training Programs.--Section
16(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$90,000,000'' and
inserting ``$103,900,000'',
[[Page H9860]]
(B) in subparagraph (C)--
(i) in clause (i) by inserting ``, subject to clauses (ii)
through (v),'' after ``(B), the Secretary'', and
(ii) by adding at the end the following:
``(iv) Priority.--The Secretary shall reallocate funds
under this subparagraph as follows:
``(I)(aa) Subject to items (bb) and (cc), not less than 50
percent shall be reallocated to State agencies requesting
such funds to conduct employment and training programs and
activities for which such State agencies had previously
received funding under subparagraph (F)(viii) that the
Secretary determines have the most demonstrable impact on the
ability of participants to find and retain employment that
leads to increased household income and reduced reliance on
public assistance.
``(bb) The Secretary shall base the determination under
item (aa) on--
``(AA) project results from the independent evaluations
conducted under subparagraph (F)(vii)(I); or
``(BB) if the project results from the independent
evaluations conducted under subparagraph (F)(vii)(I) are not
yet available, the reports under subparagraph (F)(vii)(II) or
other information relating to performance of the programs and
activities funded under subparagraph (F)(viii).
``(cc) Employment and training activities funded under this
subclause are not subject to subparagraph (F)(vii), but are
subject to monitoring under paragraph (h)(5).
``(II) Not less than 30 percent shall be reallocated to
State agencies requesting such funds to implement or continue
employment and training programs and activities under section
6(d)(4)(B)(i) that the Secretary determines have the most
demonstrable impact on the ability of participants to find
and retain employment that leads to increased household
income and reduced reliance on public assistance, including
programs and activities that are targeted to--
``(aa) individuals 50 years of age or older;
``(bb) formerly incarcerated individuals;
``(cc) individuals participating in a substance abuse
treatment program;
``(dd) homeless individuals;
``(ee) people with disabilities seeking to enter the
workforce;
``(ff) other individuals with substantial barriers to
employment; or
``(gg) households facing multi-generational poverty, to
support employment and workforce participation through an
integrated and family-focused approach in providing
supportive services.
``(III) The Secretary shall reallocate any remaining funds
available under this subparagraph, to State agencies
requesting such funds to use for employment and training
programs and activities that the Secretary determines have
the most demonstrable impact on the ability of participants
to find and retain employment that leads to increased
household income and reduced reliance on public assistance
under section 6(d)(4)(B)(i).
``(v) Consideration.--In reallocating funds under this
subparagraph, a State agency that receives reallocated funds
under clause (iv)(I) may also be considered for reallocated
funding under clause (iv)(II).'', and
(C) in subparagraph (D) by striking ``$50,000'' and
inserting ``$100,000'', and
(2) in paragraph (5)(B) by adding at the end the following:
``(v) State option.--The State agency may report relevant
data from a workforce partnership carried out under section
6(d)(4)(N) to demonstrate the number of program participants
served by the workforce partnership.''.
(e) Expired Authority.--Section 17(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER
SYSTEM.
(a) EBT Portability.--Section 7(f)(5) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by
adding at the end the following:
``(C) Operation of individual point of sale device by
farmers' markets and direct marketing farmers.--A farmers'
market or direct marketing farmer that is exempt under
paragraph (2)(B)(i) shall be allowed to operate an individual
electronic benefit transfer point of sale device at more than
1 location under the same supplemental nutrition assistance
program authorization, if--
``(i) the farmers' market or direct marketing farmer
provides to the Secretary information on location and hours
of operation at each location; and
``(ii)(I) the point of sale device used by the farmers'
market or direct marketing farmer is capable of providing
location information of the device through the electronic
benefit transfer system; or
``(II) if the Secretary determines that the technology is
not available for a point of sale device to meet the
requirement under subclause (I), the farmers' market or
direct marketing farmer provides to the Secretary any other
information, as determined by the Secretary, necessary to
ensure the integrity of transactions processed using the
point of sale device.''.
(b) Modernization of Electronic Benefit Transfer
Regulations.--The 1st sentence of section 7(h)(2) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by
inserting ``and shall periodically review such regulations
and modify such regulations to take into account evolving
technology and comparable industry standards'' before the
period at the end.
(c) Benefit Recovery.--Section 7(h)(12) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended--
(1) in subparagraph (A) by inserting ``, or due to the
death of all members of the household'' after ``inactivity'',
and
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Benefit storage.--
``(i) In general.--A State agency may store recovered
electronic benefits off-line in accordance with clause (ii),
if the household has not accessed the account after 3 months.
``(ii) Notice of benefit storage.--A State agency shall--
``(I) send notice to a household the benefits of which are
stored under clause (i); and
``(II) not later than 48 hours after request by the
household, make the stored benefits available to the
household.
``(C) Benefit expunging.--
``(i) In general.--Subject to clause (ii), a State agency
shall expunge benefits that have not been accessed by a
household after a period of 9 months, or upon verification
that all members of the household are deceased.
``(ii) Notice of benefit expunging.--Not later than 30 days
before benefits are to be expunged under clause (i), a State
agency shall--
``(I) provide sufficient notice to the household that
benefits will be expunged due to inactivity, and the date
upon which benefits will be expunged;
``(II) for benefits stored off-line in accordance with
subparagraph (B), provide the household an opportunity to
request that such benefits be restored to the household; and
``(III) not later than 48 hours after request by the
household, make the benefits available to the household.''.
(d) Prohibited Fees.--Section 7 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016) is amended--
(1) by amending subsection (h)(13) to read as follows:
``(13) Fees.--
``(A) Interchange fees.--No interchange fees shall apply to
electronic benefit transfer transactions under this
subsection.
``(B) Other fees.--Effective through fiscal year 2023,
neither a State, nor any agent, contractor, or subcontractor
of a State who facilitates the provision of supplemental
nutrition assistance program benefits in such State may
impose a fee for switching (as defined in subsection
(j)(1)(H)) or routing such benefits.'', and
(2) by amending subsection (j)(1)(H) to read as follows:
``(H) Switching.--The term `switching' means the routing of
an intrastate or interstate transaction that consists of
transmitting the details of a transaction electronically
recorded through the use of an electronic benefit transfer
card in one State to the issuer of the card that may be in
the same or different State.''.
(e) Mobile Technologies.--Section 7(h)(14) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Subject to subparagraph (B), the
Secretary shall authorize the use of mobile technologies for
the purpose of accessing supplemental nutrition assistance
program benefits.'',
(2) in subparagraph (B)--
(A) by striking the heading and inserting ``Demonstration
projects on access of benefits through mobile technologies'',
(B) by amending clause (i) to read as follows:
``(i) Demonstration projects.--Before authorizing
implementation of subparagraph (A) in all States, the
Secretary shall approve not more than 5 demonstration project
proposals submitted by State agencies that will pilot the use
of mobile technologies for supplemental nutrition assistance
program benefits access.'',
(C) in clause (ii)--
(i) in the heading by striking ``Demonstration projects''
and inserting ``Project requirements'',
(ii) by striking ``retail food store'' the first place it
appears and inserting ``State agency'',
(iii) by striking ``includes'',
(iv) by striking subclauses (I), (II), (III), and (IV), and
inserting the following:
``(I) provides recipient protections regarding privacy,
ease of use, household access to benefits, and support
similar to the protections provided under existing methods;
``(II) ensures that all recipients, including those without
access to mobile payment technology and those who shop across
State borders, have a means of benefit access;
``(III) requires retail food stores, unless exempt under
section 7(f)(2)(B), to bear the costs of acquiring and
arranging for the implementation of point-of-sale equipment
and supplies for the redemption of benefits that are accessed
through mobile technologies;
``(IV) requires that foods purchased with benefits issued
under this section through mobile technologies are purchased
at a price not higher than the price of the same food
purchased by other methods used by the retail food store, as
determined by the Secretary;
``(V) ensures adequate documentation for each authorized
transaction, adequate security measures to deter fraud, and
adequate access to retail food stores that accept benefits
accessed through mobile technologies, as determined by the
Secretary;
``(VI) provides for an evaluation of the demonstration
project, including, but not limited to, an evaluation of
household access to benefits;
``(VII) requires that the State demonstration projects are
voluntary for all retail food stores and that all recipients
are able to use benefits in non-participating retail food
stores; and
``(VIII) meets other criteria as established by the
Secretary.'',
(D) by amending clause (iii) to read as follows:
``(iv) Date of project approval.--The Secretary shall
solicit and approve the qualifying demonstration projects
required under subparagraph (B)(i) not later than January 1,
2021.'', and
[[Page H9861]]
(E) by inserting after clause (ii) the following:
``(iii) Priority.--The Secretary may prioritize
demonstration project proposals that would--
``(I) reduce fraud;
``(II) encourage positive nutritional outcomes; and
``(III) meet such other criteria as determined by the
Secretary.'', and
(3) in subparagraph (C)(i)--
(A) by striking ``2017'' and inserting ``2022'', and
(B) by inserting ``requires further study by way of an
extended pilot period or'' after ``States'' the 2d place it
appears.
(f) Approval of Retail Food Stores.--Section 9 of the Food
and Nutrition Act (7 U.S.C. 2018) is amended--
(1) in subsection (a)(1)--
(A) in the 4th sentence by striking ``No retail food
store'' and inserting the following:
``(D) Visit required.--No retail food store'',
(B) in the 3d sentence by striking ``Approval'' and
inserting the following:
``(C) Certificate.--Approval'',
(C) in the 2d sentence--
(i) by striking ``food; and (D) the'' and inserting the
following: ``food;
``(iv) any information, if available, about the ability of
the anticipated or existing electronic benefit transfer
equipment and service provider of the applicant to provide
sufficient information through the electronic benefit
transfer system to minimize the risk of fraudulent
transactions; and
``(v) the'',
(ii) by striking ``concern; (C) whether'' and inserting the
following: ``concern;
``(iii) whether'',
(iii) by striking ``applicant; (B) the'' and inserting the
following: ``applicant;
``(ii) the'',
(iv) by striking ``following: (A) the nature'' and
inserting the following: ``following:
``(i) the nature'', and
(v) in the matter preceding clause (i), as so designated,
by striking ``In determining'' and inserting the following:
``(B) Factors for consideration.--In determining'', and
(D) in the 1st sentence by striking ``(a)(1) Regulations''
and inserting the following:
``(a) Authorization to Accept and Redeem Benefits.--
``(1) Applications.--
``(A) In general.--Regulations'',
(2) in subsection (a) by adding at the end the following:
``(4) Electronic benefit transfer equipment and service
providers.--Before implementing clause (iv) of paragraph
(1)(B), the Secretary shall issue guidance for retail food
stores on how to select electronic benefit transfer equipment
and service providers that are able to meet the requirements
of that clause.'', and
(3) in the 1st sentence of subsection (c) by inserting
``records relating to electronic benefit transfer equipment
and related services, transaction and redemption data
provided through the electronic benefit transfer system,''
after ``purchase invoices,''.
SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM OPERATIONS.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018) is amended by adding at the end the following:
``(i) Review of Program Operations.--
``(1) Review by the secretary.--The Secretary--
``(A) shall review a representative sample of currently
authorized facilities referred to in section 3(k)(3) to
determine whether benefits are properly used by or on behalf
of participating households residing in such facilities and
whether such facilities are using more than 1 source of
Federal or State funding to meet the food needs of residents;
``(B) may carry out similar reviews for currently
participating residential drug and alcohol treatment and
rehabilitation programs, and group living arrangements for
the blind and disabled, referred to in section 3(k);
``(C) shall gather information, and such facilities,
programs, and arrangements shall be required to submit
information deemed necessary for a full and thorough review;
and
``(D) shall report the results of these reviews to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate not later than 18 months after the date of the
enactment of the Agriculture Improvement Act of 2018, along
with recommendations regarding--
``(i) any additional requirements or oversight that would
be appropriate for such facilities, programs, and
arrangements; and
``(ii) whether such facilities, programs, and arrangements
should continue to be authorized to participate in the
supplemental nutrition assistance program.
``(2) Limitation.--Nothing in this subsection shall
authorize the Secretary to deny any application for continued
authorization, any application for authorization, or any
request to withdraw the authorization of any such facility,
program, or arrangement based on a determination that
residents of any such facility or entity are residents of an
institution for a period of 18 months from the date of
enactment of the Agriculture Improvement Act of 2018.''.
SEC. 4008. RETAIL INCENTIVES.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018), as amended by section 4007, is amended by adding at
the end the following:
``(j) Incentives.--
``(1) Definition of eligible incentive food.--In this
subsection, the term `eligible incentive food' means--
``(A) a staple food that is identified for increased
consumption, consistent with the most recent dietary
recommendations; and
``(B) a fruit, vegetable, dairy, whole grain, or product
thereof.
``(2) Guidance.--
``(A) In general.--The Secretary shall issue guidance to
clarify the process by which an approved retail food store
may seek a waiver to offer an incentive, which may be used
only for the purchase of an eligible incentive food at the
point of purchase, to a household purchasing food with
benefits issued under this Act.
``(B) Guidance.--The guidance under subparagraph (A) shall
establish a process under which an approved retail food
store, prior to carrying out an incentive program under this
subsection, shall provide to the Secretary information
describing the incentive program, including--
``(i) the types of incentives that will be offered;
``(ii) the types of foods that will be incentivized for
purchase; and
``(iii) an explanation of how the incentive program intends
to support meeting dietary intake goals.
``(3) No limitation on benefits.--A waiver granted under
this subsection shall not be used to carry out any activity
that limits the use of benefits under this Act or any other
Federal nutrition law.
``(4) Effect.--Guidance provided under this subsection
shall not affect any requirements under section 4405 of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517),
including the eligibility of a retail food store to
participate in a project funded under such section.
``(5) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report describing the types of incentives
approved under this subsection.''.
SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION.
Section 11(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(e)) is amended--
(1) in paragraph (24) by striking ``and'' after the
semicolon,
(2) in paragraph (25) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(26) that for a household participating in the
supplemental nutrition assistance program, the State agency
shall pursue clarification and verification, if applicable,
of information relating to the circumstances of the household
received from data matches for the purpose of ensuring an
accurate eligibility and benefit determination, only if the
information--
``(A) appears to present significantly conflicting
information from the information that was used by the State
agency at the time of certification of the household;
``(B) is obtained from data matches carried out under
subsection (q), (r), or (x); or
``(C)(i) is less than 60 days old relative to the current
month of participation of the household; and
``(ii) if accurate, would have been required to be reported
by the household based on the reporting requirements assigned
to the household by the State agency under section 6(c).''.
SEC. 4010. INCENTIVIZING TECHNOLOGY MODERNIZATION.
Section 11(t) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(t)) is amended--
(1) by striking the heading and inserting ``Grants for
Simplified Application and Eligibility Determination Systems
and Improved Access to Benefits'',
(2) in paragraph (1) by striking ``implement--'' and all
that follows through the period at the end, and inserting
``implement supplemental nutrition assistance program
simplified application and eligibility determination
systems.'', and
(3) in paragraph (2)--
(A) by amending subparagraph (B) to read as follows:
``(B) establishing enhanced technological methods that
improve the administrative infrastructure used in processing
applications and determining eligibility; or'',
(B) by striking subparagraphs (C) and (D), and
(C) by redesignating subparagraph (E) as subparagraph (C).
SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE
ISSUANCES.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020), as amended by section 4005(c), is amended by adding at
the end the following:
``(x) National Accuracy Clearinghouse.--
``(1) Definition of indication of multiple issuance.--In
this subsection, the term `indication of multiple issuance'
means an indication, based on a computer match, that
supplemental nutrition assistance program benefits are being
issued to an individual by more than 1 State agency
simultaneously.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish an
interstate data system, to be known as the `National Accuracy
Clearinghouse', to prevent multiple issuances of supplemental
nutrition assistance program benefits to an individual by
more than 1 State agency simultaneously.
``(B) Data matching.--The Secretary shall require that
State agencies make available to the National Accuracy
Clearinghouse only such information as is necessary for the
purpose described in subparagraph (A).
``(C) Data protection.--The information made available by
State agencies under subparagraph (B)--
``(i) shall be used only for the purpose described in
subparagraph (A);
``(ii) shall be exempt from the disclosure requirements of
section 552(a) of title 5 of the United States Code pursuant
to section 552(b)(3) of title 5 of the United States Code, to
the extent such information is obtained or received by the
Secretary;
[[Page H9862]]
``(iii) shall not be retained for longer than is necessary
to accomplish the purpose in subparagraph (A);
``(iv) shall be used in a manner that protects the identity
and location of a vulnerable individual (including a victim
of domestic violence) that is an applicant for, or recipient
of, supplemental nutrition assistance program benefits; and
``(v) shall meet security standards as determined by the
Secretary.
``(3) Issuance of interim final regulations.--Not later
than 18 months after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall promulgate
regulations (which shall include interim final regulations)
to carry out this subsection that--
``(A) incorporate best practices and lessons learned from
the pilot program under section 4032(c) of the Agricultural
Act of 2014 (7 U.S.C. 2036c(c));
``(B) require a State agency to take appropriate action, as
determined by the Secretary, with respect to each indication
of multiple issuance of supplemental nutrition assistance
program benefits, or each indication that an individual
receiving such benefits in 1 State has applied to receive
such benefits in another State, while ensuring timely and
fair service to applicants for, and recipients of, such
benefits;
``(C) establish standards to limit and protect the
information submitted through or retained by the National
Accuracy Clearinghouse consistent with paragraph (2)(C);
``(D) establish safeguards to protect--
``(i) the information submitted through or retained by the
National Accuracy Clearinghouse, including by limiting the
period of time that information is retained to the period
necessary to accomplish the purpose described in paragraph
(2)(A); and
``(ii) the privacy of information that is submitted through
or retained by the National Accuracy Clearinghouse consistent
with subsection (e)(8); and
``(E) include such other rules and standards the Secretary
determines appropriate to carry out this subsection.
``(4) Timing.--The initial match and corresponding actions
required by paragraph (3)(B) shall occur within 3 years after
the date of the enactment of the Agriculture Improvement Act
of 2018.''.
SEC. 4012. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR
CERTAIN PILOT PROJECTS RELATING TO COST SHARING
FOR COMPUTERIZATION.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(g)(1)) is amended--
(1) in subparagraph (F) by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(2) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively, and indenting
appropriately;
(3) in the matter preceding clause (i), as so
redesignated--
(A) by striking ``paragraphs (2) and (3)'' and inserting
``paragraph (2)''; and
(B) by striking ``in the planning'' and inserting the
following: ``in the--
``(A) planning'',
(4) in clause (v), as so redesignated, of subparagraph (A),
as so designated, by striking ``implementation, including
through pilot projects in limited areas for major systems
changes as determined under rules promulgated by the
Secretary, data from which'' and inserting the following:
``implementation, including a requirement that--
``(I) such testing shall be accomplished through pilot
projects in limited areas for major systems changes (as
determined under rules promulgated by the Secretary);
``(II) each pilot project described in subclause (I) that
is carried out before the implementation of a system shall be
conducted in a live-production environment; and
``(III) the data resulting from each pilot project carried
out under this clause'';
(5) in clause (vi), as so redesignated, by striking the
period at end and inserting ``; and'', and
(6) by adding at the end the following:
``(B) operation of 1 or more automatic data processing and
information retrieval systems that the Secretary determines
may continue to be operated in accordance with clauses (i)
through (vii) of subparagraph (A).''.
SEC. 4013. QUALITY CONTROL IMPROVEMENTS.
(a) Records.--Section 11(a)(3)(B) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended--
(1) by striking ``Records described'' and inserting ``All
records, and the entire information systems in which records
are contained, that are covered'', and
(2) by amending clause (i) to read as follows:
``(i) be made available for inspection and audit by the
Secretary, subject to data and security protocols agreed to
by the State agency and Secretary;''.
(b) Quality Control System.--Section 16(c)(1)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is
amended to read as follows:
``(B) Quality control system integrity.--
``(i) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue interim final regulations that--
``(I) ensure that the quality control system established
under this subsection produces valid statistical results;
``(II) provide for oversight of contracts entered into by a
State agency for the purpose of improving payment accuracy;
``(III) ensure the accuracy of data collected under the
quality control system established under this subsection; and
``(IV) for each fiscal year, to the maximum extent
practicable, provide for the evaluation of the integrity of
the quality control process of not fewer than 2 State
agencies, selected in accordance with criteria determined by
the Secretary.
``(ii) Debarment.--In accordance with the nonprocurement
debarment procedures under part 417 of title 2, Code of
Federal Regulations, or successor regulations, the Secretary
shall debar any person that, in carrying out the quality
control system established under this subsection, knowingly
submits, or causes to be submitted, false information to the
Secretary.''.
(c) Reporting Requirements.--The 1st sentence of section
16(c)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c)(4)) is amended by inserting ``, including providing
access to applicable State records and the entire information
systems in which the records are contained,'' after
``necessary''.
(d) State Performance Indicators.--Section 16(d) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is
amended--
(1) by striking the heading and inserting ``State
Performance Indicators'',
(2) in paragraph (2)--
(A) in the heading by striking ``and thereafter'' and
inserting ``through 2017'',
(B) in subparagraph (A) by striking ``and each fiscal year
thereafter'' and inserting ``through fiscal year 2017'', and
(C) in subparagraph (B) by striking ``and each fiscal year
thereafter'' and inserting ``through fiscal year 2017'', and
(3) by adding at the end the following:
``(6) Fiscal year 2018 and fiscal years thereafter.--
``(A) With respect to fiscal year 2018 and each fiscal year
thereafter, the Secretary shall establish, by regulation,
performance criteria relating to--
``(i) actions taken to correct errors, reduce rates of
error, and improve eligibility determinations; and
``(ii) other indicators of effective administration
determined by the Secretary.
``(B) The Secretary shall not award performance bonus
payments to State agencies in fiscal year 2019 for fiscal
year 2018 performance.''.
(e) Cost Sharing for Computerization.--Section 16(g)(1)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(g)(1)(A)), as amended by section 4012, is amended--
(1) in clause (v)(III) by striking ``and'', and
(2) by adding at the end the following:
``(vii) would be accessible by the Secretary for inspection
and audit under section 11(a)(3)(B); and''.
SEC. 4014. EVALUATION OF CHILD SUPPORT ENFORCEMENT
COOPERATION REQUIREMENTS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) is amended by adding at the end the following:
``(m) Evaluation of Child Support Enforcement Cooperation
Requirements.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall conduct an
independent evaluation of a representative sample of States--
``(A) to assess the implementation and impact of the
eligibility requirements described in subsections (l) through
(n) of section 6 in States that have formerly implemented or
continue to implement those requirements, and the feasibility
of implementing those requirements in other States;
``(B) to assess the factors that contributed to the
decision of States that formerly implemented the eligibility
requirements described in each of subsections (l) through (n)
of section 6 to cease such implementation;
``(C) to review alternatives to the eligibility
requirements described in each of subsections (l) through (n)
of section 6 that are used by other States to assist
participants in the supplemental nutrition assistance program
to make or receive child support payments and the
effectiveness of those alternatives; and
``(D) to evaluate the costs and benefits to households and
to State agencies, of requiring State agencies to implement
each of the eligibility requirements described in subsections
(l) through (n) of section 6.
``(2) Evaluation.--The evaluation under paragraph (1) shall
include, to the maximum extent practicable, an assessment
of--
``(A) the manner in which applicable State agencies
implement and enforce the eligibility requirements described
in subparagraph (A) of such paragraph, including--
``(i) the procedures used by each State to determine
cooperation, to sanction participants for failure to
cooperate, and to determine good cause for noncooperation
under each of subsections (l) through (n) of section 6; and
``(ii) the manner in which each State aligns the procedures
for implementing those eligibility requirements with
procedures for implementing other Federal programs that
require cooperation with child support enforcement, including
the program of block grants to States for temporary
assistance for needy families established under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.),
the Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), and programs carried out under
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.);
``(B) the Federal, State, and local costs associated with
implementing those eligibility requirements, including costs
incurred under this Act and by child support enforcement
agencies for personnel, technology upgrades, and other costs;
``(C) the effect of those eligibility requirements on the
establishment of new child support orders, the establishment
of paternity, changes in child support payments to custodial
households, and changes in arrears owed on child support
orders;
``(D) with respect to the eligibility requirements under
each of subsections (l) through (n) of section 6--
[[Page H9863]]
``(i) the number of individuals subject to those
requirements;
``(ii) the number of individuals in each State who meet
those requirements; and
``(iii) the number of individuals in each State who fail to
meet those requirements;
``(E) the number of individuals in each State for whom good
cause for noncooperation has been found under section
6(l)(2);
``(F) the impact of those eligibility requirements on the
supplemental nutrition assistance program eligibility,
benefit levels, food security, income, and economic stability
of--
``(i) individuals subject to those requirements;
``(ii) the household members of those individuals,
including children; and
``(iii) households with nontraditional family structures,
including a household in which a grandparent is the primary
caretaker of a grandchild of the grandparent.
``(3) State agency cooperation.--Each State agency selected
under paragraph (1) shall provide information to the
Secretary necessary to conduct the evaluation under such
paragraph.
``(4) Report.--Not later than 3 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
findings from the evaluation conducted under paragraph
(1).''.
SEC. 4015. LONGITUDINAL DATA FOR RESEARCH.
(a) Longitudinal Data.--Section 17 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026), as amended by section
4014, is amended by adding at the end the following:
``(n) Longitudinal Data for Research.--
``(1) In general.--Subject to paragraphs (3) through (5), a
State agency may, on approval by the Secretary, establish a
longitudinal database that contains information about
households and members of households that receive benefits
under the supplemental nutrition assistance program in the
State.
``(2) Purpose.--Each longitudinal database established
under paragraph (1) shall be used solely to conduct research
on participation in and the operation of the supplemental
nutrition assistance program, including duration of
participation in the program.
``(3) Requirements for databases.--Prior to the approval of
State agencies to establish longitudinal databases under
paragraph (1), the Secretary shall--
``(A) identify features that shall be standard across
States such as database format to facilitate use of
longitudinal databases established under paragraph (1) for
research purposes;
``(B) identify features of longitudinal databases
established under paragraph (1) that may vary across States;
``(C) identify a procedure for States operating
longitudinal databases under paragraph (1) to use a unique
identifier to provide relevant information on household
members who receive benefits under the supplemental nutrition
assistance program for the purpose of comparing participation
data in multiple participating States over time while
protecting participant privacy;
``(D) establish the manner in which data security and
privacy protections, as required by Federal law and
consistent with other appropriate practices, shall be
implemented and maintained;
``(E) provide direction to State agencies on the
responsibilities of and funding arrangements for State
agencies and any State contractors (including entities
providing technical assistance) relating to the establishment
and operation of a longitudinal database;
``(F) provide a description of the documentation that
States shall submit to the Secretary prior to allowing
researchers access to a longitudinal database;
``(G) consult with other Federal research agencies,
including the Bureau of the Census;
``(H) consult with States that have already established
databases used for purposes similar to the purposes outlined
in this subsection; and
``(I) identify any other requirements determined
appropriate by the Secretary.
``(4) Included data.--
``(A) In general.--Subject to subparagraph (B), each
longitudinal database established under paragraph (1)--
``(i) shall include monthly information about households
and members of households that receive benefits under the
supplemental nutrition assistance program in the
participating State taken from existing information collected
by the State agency including, if available,--
``(I) demographic characteristics;
``(II) income and financial resources (as described in
section 5(g));
``(III) employment status;
``(IV) household circumstances, such as deductible
expenses; and
``(V) the amount of the monthly allotment received under
the supplemental nutrition assistance program; and
``(ii) may include information from other State data
sources such as--
``(I) earnings and employment data from the State
department of labor;
``(II) health insurance program data; or
``(III) data from participation in other programs
administered by the State.
``(B) Data protection.--Any State that establishes a
longitudinal database under paragraph (1) shall, in
accordance with all applicable Federal and State privacy
standards and requirements--
``(i) protect the privacy of information about each member
of each household that receives benefits under the
supplemental nutrition assistance program in such State by
ensuring that no personally identifiable information
(including social security number, home address, or contact
information) is included in the longitudinal database; and
``(ii) make the data under this paragraph available to
researchers and the Secretary.
``(5) Approval.--The Secretary shall approve the
establishment of longitudinal databases under paragraph (1)
in States that--
``(A) meet the requirements for databases under paragraph
(3) and (4)(B);
``(B) reflect a range of participant numbers, demographics,
operational structures, and geographic regions; and
``(C) have the capacity to provide on a periodic and
ongoing basis household and participant data derived from the
eligibility system and other data sources of the State.
``(6) Grants.--
``(A) In general.--In carrying out this subsection, the
Secretary may provide grants to States that have been
approved by the Secretary in accordance with paragraph (5)
out of funds made available under paragraph (9).
``(B) Method of awarding grants.--Grants awarded under this
paragraph shall be made in such amounts and under such terms
and conditions as the Secretary determines necessary to carry
out the purposes of this subsection.
``(7) Report.--
``(A) In general.--Not later than 4 years after the
effective date of this subsection, the Secretary shall submit
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the feasibility of
expanding implementation of longitudinal databases to every
State.
``(B) Contents.--The report required under subparagraph (A)
shall describe--
``(i) the cost of expanding implementation of longitudinal
databases with consistent data to every State;
``(ii) the challenges and benefits of using State
longitudinal databases with consistent data; and
``(iii) alternatives to expanding implementation of
longitudinal databases with consistent data to every State
that may achieve similar research outcomes and the advantages
and disadvantages of those alternatives.
``(8) Effect.--Nothing in this subsection shall be
construed to prevent or limit the ability of State agencies
to establish or continue operating databases used for
purposes similar to the purposes outlined in this subsection.
``(9) Funding.--Of the funds made available under section
18, the Secretary shall use to carry out this subsection--
``(A) $20,000,000 for fiscal year 2019 to remain available
through fiscal year 2021; and
``(B) $5,000,000 for fiscal year 2022 and each fiscal year
thereafter.''.
(b) Conforming Amendment.--The 1st sentence of section
16(a) of the Food and Nutrition Act of 2008 is amended--
(1) by striking ``and (8)'' and inserting ``(8)''; and
(2) by inserting ``, and (9) establishing and operating a
longitudinal database in accordance with section 17(n)''
before ``: Provided''.
SEC. 4016. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 4017. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2034(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end,
(2) in subparagraph (C) by striking ``fiscal year 2015 and
each fiscal year thereafter.'' and inserting ``each of fiscal
years 2015 through 2018; and'', and
(3) by adding at the end the following:
``(D) $5,000,000 for fiscal year 2019 and each fiscal year
thereafter.''.
SEC. 4018. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) State Plan.--Section 202A(b) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) at the option of the State agency, describe a plan of
operation for 1 or more projects in partnership with 1 or
more emergency feeding organizations located in the State to
harvest, process, package, or transport donated commodities
received under section 203D(d); and
``(6) describe a plan, which may include the use of a State
advisory board established under subsection (c), that
provides emergency feeding organizations or eligible
recipient agencies within the State an opportunity to provide
input on the commodity preferences and needs of the emergency
feeding organization or eligible recipient agency.''.
(b) State and Local Supplementation of Commodities.--
Section 203D of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7507) is amended by adding at the end the following:
``(d) Projects to Harvest, Process, Package, or Transport
Donated Commodities.--
``(1) Definition of project.--In this subsection, the term
`project' means the harvesting, processing, packaging, or
transportation of unharvested, unprocessed, or unpackaged
commodities donated by agricultural producers, processors, or
distributors for use by emergency feeding organizations under
subsection (a).
``(2) Federal funding for projects.--
``(A) In general.--Subject to subparagraphs (B) and (C) and
paragraph (3), using funds made available under paragraph
(5), the Secretary may provide funding to States to pay for
the costs of carrying out a project.
``(B) Federal share.--The Federal share of the cost of a
project under subparagraph (A) shall not exceed 50 percent of
the total cost of the project.
``(C) Allocation.--
``(i) In general.--Each fiscal year, the Secretary shall
allocate the funds made available
[[Page H9864]]
under subparagraph (A), based on a formula determined by the
Secretary, to States that have submitted a State plan
describing a plan of operation for a project under section
202A(b)(5).
``(ii) Reallocation.--If the Secretary determines that a
State will not expend all of the funds allocated to the State
for a fiscal year under clause (i), the Secretary shall
reallocate the unexpended funds to other States that have
submitted under section 202A(b)(5) a State plan describing a
plan of operation for a project during that fiscal year or
the subsequent fiscal year, as the Secretary determines
appropriate.
``(iii) Reports.--Each State to which funds are allocated
for a fiscal year under this subparagraph shall, on a regular
basis, submit to the Secretary financial reports describing
the use of the funds.
``(3) Project purposes.--A State may only use Federal funds
received under paragraph (2) for a project the purposes of
which are--
``(A) to reduce food waste at the agricultural production,
processing, or distribution level through the donation of
food;
``(B) to provide food to individuals in need; and
``(C) to build relationships between agricultural
producers, processors, and distributors and emergency feeding
organizations through the donation of food.
``(4) Cooperative agreements.--The Secretary may encourage
a State agency that carries out a project using Federal funds
received under paragraph (2) to enter into cooperative
agreements with State agencies of other States under section
203B(d) to maximize the use of commodities donated under the
project.
``(5) Funding.--Out of funds not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary
to carry out this subsection $4,000,000 for each of fiscal
years 2019 through 2023, to remain available until the end of
the subsequent fiscal year.''.
(c) Food Waste.--Section 203D of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7507), as amended by
subsection (b), is amended by adding at the end the
following:
``(e) Food Waste.--The Secretary shall issue guidance
outlining best practices to minimize the food waste of the
commodities donated under subsection (a).''.
(d) Emergency Food Program Infrastructure Grants.--Section
209(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7511a(d)) is amended by striking ``2018'' and inserting
``2023''.
(e) Availability of Commodities for the Emergency Food
Assistance Program.--Section 27(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``2018'' and inserting
``2023'';
(B) in subparagraph (D)--
(i) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023'';
(ii) in clause (iii), by striking ``and'' after the
semicolon;
(iii) in clause (iv), by striking ``and'' after the
semicolon;
(iv) by adding at the end the following:
``(v) for fiscal year 2019, $23,000,000;
``(vi) for fiscal year 2020, $35,000,000;
``(vii) for fiscal year 2021, $35,000,000;
``(viii) for fiscal year 2022, $35,000,000; and
``(ix) for fiscal year 2023, $35,000,000; and''; and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting ``2024'';
(ii) by striking ``(D)(iv)'' and inserting ``(D)(ix)''; and
(iii) by striking ``June 30, 2017'' and inserting ``June
30, 2023''.
SEC. 4019. NUTRITION EDUCATION.
Section 28(c) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036a(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``Except as provided in subparagraph (C), a'' and inserting
``A'',
(ii) in clause (ii) by striking ``and'' after the
semicolon,
(iii) by redesignating clause (iii) as clause (iv), and
(iv) by inserting after clause (ii) the following:
``(iii) describe how the State agency shall use an
electronic reporting system to--
``(I) measure and evaluate the projects; and
``(II) account for the allowable State agency
administrative costs including for--
``(aa) salaries and benefits of State agency personnel;
``(bb) office supplies and equipment;
``(cc) travel costs;
``(dd) development and production of nutrition education
materials;
``(ee) memberships, subscriptions, and professional
activities;
``(ff) lease or rental costs;
``(gg) maintenance and repair expenses;
``(hh) indirect costs; and
``(ii) cost of using publicly-owned building space; and'',
and
(B) by striking subparagraph (C),
(2) in paragraph (3)(B) in the matter preceding clause (i),
by inserting ``, the Director of the National Institute of
Food and Agriculture,'' before ``and outside stakeholders'',
(3) in paragraph (5) by inserting ``the expanded food and
nutrition education program or'' before ``other health
promotion'', and
(4) by adding at the end the following:
``(6) Information clearinghouse.--The Secretary shall
establish an online clearinghouse that makes available to
State agencies, local agencies, institutions of higher
education, and community organizations best practices for
planning, implementing, and evaluating nutrition education
and obesity prevention services to ensure that projects
carried out with funds received under this section are
appropriate for the target population.
``(7) Technical assistance.--The Secretary shall provide
technical assistance to a State agency in developing and
implementing a nutrition education State plan, including--
``(A) by identifying common challenges faced by entities
described in paragraph (6) that participate in projects
carried out with funds received under this section;
``(B) by coordinating efforts to address those common
challenges;
``(C) by collecting and disseminating information on
evidence-based practices relating to nutrition education and
obesity prevention;
``(D) by facilitating communication between and among
grantees and subgrantees of funds received under this
section;
``(E) by assisting State agencies in creating or
maintaining systems to compile program data; and
``(F) by performing or assisting with other activities, as
determined by the Secretary.
``(8) Annual state report.--Each State agency that delivers
nutrition education and obesity prevention services under
this subsection shall submit to the Secretary an annual
report, which shall be made publicly available by the
Secretary, that includes--
``(A) the use of funds on the State agency's program,
including for each category of allowable State agency
administrative costs identified in paragraph (2)(B)(iii)(II);
``(B) a description of each project carried out by that
agency under this subsection, including, with respect to the
project, the target population, interventions, educational
materials used, key performance indicators used, and
evaluations made;
``(C) a comprehensive analysis of the impacts and
outcomes--
``(i) of the project, including with respect to the
elements described in subparagraph (A); and
``(ii) to the extent practicable, of completed multiyear
projects; and
``(D) the status of any ongoing multiyear project.
``(9) Annual federal report.--The Administrator of the Food
and Nutrition Service, in consultation with the Director of
the National Institute of Food and Agriculture, shall
annually submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that--
``(A) evaluates the level of coordination between--
``(i) the nutrition education and obesity prevention grant
program under this section;
``(ii) the expanded food and nutrition education program
under section 1425 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175);
and
``(iii) any other nutrition education program administered
by the Department of Agriculture; and
``(B) includes the use of funds on such programs including
State agency administrative costs reported by States under
paragraph (8)(A).''.
SEC. 4020. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036b(c)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 4021. PUBLIC-PRIVATE PARTNERSHIPS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended by adding at the end the following:
``SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-
PRIVATE PARTNERSHIPS COMMITTED TO ADDRESSING
FOOD INSECURITY.
``(a) In General.--The Secretary may, on application of
eligible entities, approve not more than 10 pilot projects to
support public-private partnerships that address food
insecurity and poverty.
``(b) Definitions.--For purposes of this section--
``(1) the term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a community-based organization;
``(C) an institution of higher education; or
``(D) a private entity, as determined by the Secretary; and
``(2) the term `public agency' means a department, agency,
other unit, or instrumentality of Federal, State, or local
government.
``(c) Project Requirements.--Projects approved under this
section shall--
``(1) be limited to 2 years in length; and
``(2) include a collaboration between one or more public
agencies and one or more eligible entities that--
``(A) improves the effectiveness and impact of the
supplemental nutrition assistance program;
``(B) develops food security solutions that are specific to
the needs of a community or region; and
``(C) strengthens the capacity of communities to address
food insecurity and poverty.
``(d) Evaluation.--The Secretary shall provide for an
independent evaluation of pilot projects approved under this
section that includes--
``(1) a summary of the activities conducted under the pilot
projects;
``(2) an assessment of the effectiveness of the pilot
projects; and
``(3) best practices regarding the use of public-private
partnerships to improve the effectiveness of public benefit
programs to address food insecurity and poverty.
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 to
remain available until expended.
``(2) Appropriation in advance.--Only funds appropriated
under paragraph (1) in advance
[[Page H9865]]
specifically to carry out this section shall be available to
carry out this section.''.
SEC. 4022. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
is amended--
(1) in section 3--
(A) in subsections (d) and (i) by striking ``7(i)'' and
inserting ``7(h)'', and
(B) in subsection (o)(1)(A) by striking ``(r)(1)'' and
inserting ``(q)(1)'',
(2) in section 5(a) by striking ``and section'' each place
it appears and all that follows through ``households'' the
respective next place it appears, and inserting ``and section
3(m)(4), households'',
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ``3(n)(5)'' and inserting ``3(m)(5)'',
(4) in the 1st sentence of section 10--
(A) by striking ``or the Federal Savings and Loan Insurance
Corporation'' each place it appears, and
(B) by striking ``3(p)(4)'' and inserting ``3(o)(4)'',
(5) in section 11--
(A) in subsection (a)(2) by striking ``3(t)(1)'' and
inserting ``3(s)(1)'', and
(B) in subsection (d)--
(i) by striking ``3(t)(1)'' each place it appears and
inserting ``3(s)(1)'', and
(ii) by striking ``3(t)(2)'' each place it appears and
inserting ``3(s)(2)'', and
(C) in subsection (e)--
(i) in paragraph (17) by striking ``3(t)(1)'' inserting
``3(s)(1)'', and
(ii) in paragraph (23) by striking ``Simplified
Supplemental Nutrition Assistance Program'' and inserting
``simplified supplemental nutrition assistance program'',
(6) in section 15(e) by striking ``exchange'' and all that
follows through ``anything'', and inserting ``exchange for
benefits, or anything'',
(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking
``3(n)'' and inserting ``3(m)'',
(8) in section 25(a)(1)(B)(i)(I) by striking the 2d
semicolon at the end, and
(9) in section 26(b) by striking ``out'' and all that
follows through ``(referred'', and inserting ``out a
simplified supplemental nutrition assistance program
(referred''.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
The 1st sentence of section 4(a) of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c note) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``2018'' and inserting
``2023'', and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by striking ``2018'' and inserting ``2023'',
(2) in subsection (d)(2), in the 1st sentence, by striking
``2018'' and inserting ``2023'', and
(3) in subsection (g)--
(A) by striking ``Except'' and inserting the following:
``(1) In general.--Except'', and
(B) by adding at the end the following:
``(2) Certification.--
``(A) Definition of certification period.--In this
paragraph, the term `certification period' means the period
during which a participant in the commodity supplemental food
program in a State may continue to receive benefits under the
commodity supplemental food program without a formal review
of the eligibility of the participant.
``(B) Minimum certification period.--Subject to
subparagraphs (C) and (D), a State shall establish for the
commodity supplemental food program of the State a
certification period of--
``(i) not less than 1 year; but
``(ii) not more than 3 years.
``(C) Temporary certification.--An eligible applicant for
the commodity supplemental food program in a State may be
provided with a temporary monthly certification to fill any
caseload slot resulting from nonparticipation by certified
participants.
``(D) Approvals.--A certification period of more than 1
year established by a State under subparagraph (B) shall be
subject to the approval of the Secretary, who shall approve
such a certification period on the condition that, with
respect to each participant receiving benefits under the
commodity supplemental food program of the State, the local
agency in the State administering the commodity supplemental
food program, on an annual basis during the certification
period applicable to the participant--
``(i) verifies the address and continued interest of the
participant; and
``(ii) has sufficient reason to determine that the
participant still meets the income eligibility standards
under paragraph (1), which may include a determination that
the participant has a fixed income.''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL
NUTRITION PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of
1981 (7 U.S.C. 1431e(a)(2)(A)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4104. FOOD DONATION STANDARDS.
Section 203D of the Emergency Food Assistance Act of 1983
(7 U.S.C. 7507), as amended by section 4018(c), is amended by
adding at the end the following:
``(f) Food Donation Standards.--
``(1) Definitions.--In this subsection:
``(A) Apparently wholesome food.--The term `apparently
wholesome food' has the meaning given the term in section
22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)).
``(B) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(C) Qualified direct donor.--The term `qualified direct
donor' means a retail food store, wholesaler, agricultural
producer, restaurant, caterer, school food authority, or
institution of higher education.
``(2) Guidance.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue guidance to promote awareness of
donations of apparently wholesome food protected under
section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C.
1791(c)) by qualified direct donors in compliance with
applicable State and local health, food safety, and food
handling laws (including regulations).
``(B) Issuance.--The Secretary shall encourage State
agencies and emergency feeding organizations to share the
guidance issued under subparagraph (A) with qualified direct
donors.''.
Subtitle C--Miscellaneous
SEC. 4201. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 3007(a)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4202. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR
DISTRIBUTION TO SCHOOLS AND SERVICE
INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4203. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.
Section 4033(d)(1) of the Agricultural Act of 2014 (128
Stat. 818) is amended--
(1) by striking ``and'' the 1st place it appears,
(2) by inserting ``, a State, a county or county
equivalent, a local educational agency, and an entity or
person authorized to facilitate the donation, storage,
preparation, or serving of traditional food by the operator
of a food service program'' after ``organization'', and
(3) by inserting ``storage, preparation, or'' after
``donation to or''.
SEC. 4204. HEALTHY FOOD FINANCING INITIATIVE.
Section 243 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6953) is amended--
(1) in subsection (a), by inserting ``and enterprises''
after ``retailers'';
(2) in subsection (b)(3)(B)(iii), by inserting ``and
enterprises'' after ``retailers''; and
(3) in subsection (c)(2)(B)(ii), by inserting ``as
applicable,'' before ``to accept''.
SEC. 4205. THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.
(a) Amendment to Program.--Section 4405 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is
amended--
(1) by striking the heading and inserting ``the gus
schumacher nutrition incentive program'',
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Eligible entity.--The term `eligible entity' means a
governmental agency or nonprofit organization.'',
(B) in paragraph (3) by striking ``means the'' and all that
follows through the period at the end, and inserting the
following:
``means--
``(A) the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.); and
``(B) the programs for nutrition assistance under section
19 of such Act (7 U.S.C. 2028).'', and
(C) by adding at the end the following:
``(4) Healthcare partner.--The term `healthcare partner'
means a healthcare provider, including--
``(A) a hospital;
``(B) a Federally-qualified health center (as defined in
section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)));
``(C) a hospital or clinic operated by the Secretary of
Veterans Affairs; or
``(D) a healthcare provider group.
``(5) Member.--The term `member' means, as determined by
the applicable eligible entity or healthcare partner carrying
out a project under subsection (c) in accordance with
procedures established by the Secretary--
``(A) an individual eligible for--
``(i) benefits under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.); or
``(ii) medical assistance under a State plan or a waiver of
such a plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) and enrolled under such plan or waiver;
and
``(B) a member of a low-income household that suffers from,
or is at risk of developing, a diet-related health
condition.'',
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking ``The'' and inserting
``Except as provided in subparagraph (D)(iii), the'',
(ii) in subparagraph (C) by adding at the end the
following:
``(iii) Tribal agencies.--The Secretary may allow a Tribal
agency to use funds provided to the Indian Tribe of the
Tribal agency through a Federal agency (including the Indian
Health Service) or other Federal benefit to satisfy all or
part of the non-Federal share described in clause (i) if such
use is otherwise consistent with the purpose of such
funds.'',
(iii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), and
[[Page H9866]]
(iv) by inserting after subparagraph (A) the following:
``(B) Partners and collaborators.--An eligible entity that
receives a grant under this subsection may partner with, or
make subgrants to, public, private, nonprofit, or for-profit
entities, including--
``(i) an emergency feeding organization;
``(ii) an agricultural cooperative;
``(iii) a producer network or association;
``(iv) a community health organization;
``(v) a public benefit corporation;
``(vi) an economic development corporation;
``(vii) a farmers' market;
``(viii) a community-supported agriculture program;
``(ix) a buying club;
``(x) a retail food store participating in the supplemental
nutrition assistance program;
``(xi) a State, local, or tribal agency;
``(xii) another eligible entity that receives a grant under
this subsection; and
``(xiii) any other entity the Secretary designates.'',
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall--
``(i) meet the application criteria set forth by the
Secretary; and
``(ii) propose a project that, at a minimum--
``(I) has the support of the State agency administering the
supplemental nutrition assistance program;
``(II) would increase the purchase of fruits and vegetables
by low-income households participating in the supplemental
nutrition assistance program by providing an incentive for
the purchase of fruits and vegetables at the point of
purchase to a household purchasing food with supplemental
nutrition assistance program benefits;
``(III) except in the case of projects receiving $100,000
or less over 1 year, would measure the purchase of fruits and
vegetables by low-income households participating in the
supplemental nutrition assistance program;
``(IV) ensures that the same terms and conditions apply to
purchases made by individuals with benefits issued under the
Food and Nutrition Act of 2008 and incentives provided for in
this subsection as apply to purchases made by individuals who
are not members of households receiving benefits, such as
provided for in section 278.2(b) of title 7, Code of Federal
Regulations (or a successor regulation);
``(V) has adequate plans to collect data for reporting and
agrees to provide that information for the report described
in subsection (e)(2)(B)(iii); and
``(VI) would share information with the Nutrition Incentive
Program Training, Technical Assistance, Evaluation, and
Information Centers established under subsection (e).'',
(ii) in subparagraph (B)--
(I) by striking clause (v),
(II) by redesignating clause (vi) as clause (x), and
(III) by inserting after clause (iv) the following:
``(v) include a project design--
``(I) that provides incentives when fruits or vegetables
are purchased using supplemental nutrition assistance program
benefits; and
``(II) in which the incentives earned may be used only to
purchase fruits or vegetables;
``(vi) have demonstrated the ability to provide services to
underserved communities;
``(vii) include coordination with multiple stakeholders,
such as farm organizations, nutrition education programs,
cooperative extension services, public health departments,
health providers, private and public health insurance
agencies, cooperative grocers, grocery associations, and
community-based and nongovernmental organizations;
``(viii) offer supplemental services in high-need
communities, including online ordering, transportation
between home and store, and delivery services;
``(ix) include food retailers that are open--
``(I) for extended hours; and
``(II) most or all days of the year; or'', and
(C) by striking paragraphs (3) and (4),
(4) in subsection (c)--
(A) in paragraph (1) by striking ``subsection (b)
$5,000,000 for each of fiscal years 2014 through 2018'' and
inserting ``this section $5,000,000 for each of fiscal years
2014 through 2023'', and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (b)'' and inserting ``this section'',
(ii) in subparagraph (B) by striking ``and'' at the end,
(iii) in subparagraph (C) by striking the period at the end
and inserting a semicolon, and
(iv) by adding at the end the following:
``(C) $45,000,000 for fiscal year 2019;
``(D) $48,000,000 for fiscal year 2020;
``(E) $48,000,000 for fiscal year 2021;
``(F) $53,000,000 for fiscal year 2022; and
``(G) $56,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(3) Use of funds.--With respect to funds made available
under this section for fiscal years 2019 through 2023--
``(A) for each fiscal year the Secretary shall use not more
than 10 percent of such funds available for such fiscal year
for the produce prescription program described in subsection
(c);
``(B) for each fiscal year not more than 8 percent of such
funds available for such fiscal year shall be used by the
National Institute of Food and Agriculture and the Food and
Nutrition Service for administration; and
``(C) the Secretary shall use for the Nutrition Incentive
Program Training, Technical Assistance, Evaluation, and
Information Centers established under subsection (e) not more
than--
``(i) $17,000,000 in the aggregate for fiscal years 2019
and 2020; and
``(ii) $7,000,000 for each of the fiscal years 2021 through
2023.'',
(5) by redesignating subsection (c) as subsection (f), and
(6) by inserting after subsection (b) the following:
``(c) Produce Prescription Program.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants to
eligible entities to conduct projects that demonstrate and
evaluate the impact of the projects on--
``(A) the improvement of dietary health through increased
consumption of fruits and vegetables;
``(B) the reduction of individual and household food
insecurity; and
``(C) the reduction in healthcare use and associated costs.
``(2) Healthcare partners.--In carrying out a project using
a grant received under paragraph (1), an eligible entity
shall partner with 1 or more healthcare partners.
``(3) Grant applications.--
``(A) In general.--To be eligible to receive a grant under
paragraph (1), an eligible entity--
``(i) shall--
``(I) prescribe fresh fruits and vegetables to members;
``(II) submit to the Secretary an application containing
such information as the Secretary may require, including the
information described in subparagraph (B); and
``(ii) may--
``(I) provide financial or non-financial incentives for
members to purchase or procure fresh fruits and vegetables;
``(II) provide educational resources on nutrition to
members; and
``(III) establish additional accessible locations for
members to procure fresh fruits and vegetables.
``(B) Application.--An application shall--
``(i) identify the 1 or more healthcare partners with which
the eligible entity is partnering under paragraph (2); and
``(ii) include--
``(I) a description of the methods by which an eligible
entity shall--
``(aa) screen and verify eligibility for members for
participation in a produce prescription project, in
accordance with procedures established under subsection
(a)(5);
``(bb) implement an effective produce prescription project,
including the role of each healthcare partner in implementing
the produce prescription project;
``(cc) evaluate members participating in a produce
prescription project with respect to the matters described in
subparagraphs (A) through (C) of paragraph (1);
``(dd) provide educational opportunities relating to
nutrition to members participating in a produce prescription
project; and
``(ee) inform members of the availability of the produce
prescription project, including locations at which produce
prescriptions may be redeemed;
``(II) a description of any additional nonprofit or
emergency feeding organizations that shall be involved in the
project and the role of each additional nonprofit or
emergency feeding organization in implementing and evaluating
an effective produce prescription project;
``(III) documentation of a partnership agreement with a
relevant State Medicaid agency or other appropriate entity,
as determined by the Secretary, to evaluate the effectiveness
of the produce prescription project in reducing healthcare
use and associated costs;
``(IV) adequate plans to collect data for reporting and
agreement to provide that information for the report
described in subsection (e)(2)(B)(iii); and
``(V) agreement to share information with the Nutrition
Incentive Program Training, Technical Assistance, Evaluation,
and Information Centers established under subsection (e).
``(4) Coordination.--In carrying out the grant program
established under paragraph (1), the Secretary shall
coordinate with the Secretary of Health and Human Services
and the heads of other appropriate Federal agencies that
carry out activities relating to healthcare partners.
``(5) Partnerships.--
``(A) In general.--In carrying out the grant program under
paragraph (1), the Secretary may enter into 1 or more
memoranda of understanding with a Federal agency, a State, or
a private entity to ensure the effective implementation and
evaluation of each project.
``(B) Memorandum of understanding.--A memorandum of
understanding entered into under subparagraph (A) shall
include--
``(i) a description of a plan to provide educational
opportunities relating to nutrition to members participating
in produce prescription projects;
``(ii) a description of the role of the Federal agency,
State, or private entity, as applicable, in implementing and
evaluating an effective produce prescription project; and
``(iii) documentation of a partnership agreement with a
relevant State Medicaid agency or other appropriate entity,
as determined by the Secretary.
``(d) Applicability.--
``(1) In general.--The value of any benefit provided to a
participant in any activity funded under subsections (b) or
(c) shall be treated as supplemental nutrition benefits under
section 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(b)).
``(2) Prohibition on collection of sales taxes.--Each State
shall ensure that no State or local tax is collected on a
purchase of food with assistance provided under subsections
(b) and (c).
``(3) No limitation on benefits.--Grants made available
under subsections (b) and (c)
[[Page H9867]]
shall not be used to carry out any project that limits the
use of benefits under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) or any other Federal nutrition law.
``(4) Household allotment.--Assistance provided under
subsections (b) and (c) to households receiving benefits
under the supplemental nutrition assistance program shall
not--
``(A) be considered part of the supplemental nutrition
assistance program benefits of the household; or
``(B) be used in the collection or disposition of claims
under section 13 of the Food and Nutrition Act of 2008 (7
U.S.C. 2022).
``(e) Nutrition Incentive Program Training, Technical
Assistance, Evaluation, and Information Centers.--
``(1) In general.--The Secretary shall--
``(A) establish 1 or more Nutrition Incentive Program
Training, Technical Assistance, Evaluation, and Information
Centers, in consultation with the Director of the National
Institute of Food and Agriculture; and
``(B) to the extent practicable, consult on the design and
scope of such Centers with grocers, farmers, health
professionals, researchers, incentive program managers, and
employees of the Department of Agriculture with direct
experience with implementation of existing incentive programs
or projects.
``(2) Establishment.--The Centers shall be capable of
providing services related to grants under subsections (b)
and (c), including--
``(A) offering incentive program training and technical
assistance to applicants and grantees to the extent
practicable, including--
``(i) collecting and providing information on best
practices that may include communications, signage, record-
keeping, incentive instruments, development and integration
of point of sale systems, and reporting;
``(ii) disseminating information and assisting with
collaboration among grantee projects, applicable State
agencies, and nutrition education programs;
``(iii) facilitating communication between grantees and the
Department of Agriculture and applicable State agencies; and
``(iv) providing support for the development of best
practices for produce prescription projects and the sharing
of information among eligible entities and healthcare
providers that participate in a produce prescription project
under subsection (c); and
``(v) other services identified by the Secretary; and
``(B) creating a system to collect and compile core data
sets from eligible entities that--
``(i) uses standard metrics with consideration of outcome
measures for existing projects;
``(ii) includes to the extent practicable grocers, farmers,
health professionals, researchers, incentive program
managers, and employees of the Department of Agriculture with
direct experience with implementation of existing incentive
programs in the design of the instrument through which data
will be collected and the mechanism for reporting;
``(iii) compiles project data from grantees, and beginning
in fiscal year 2020 generates an annual report to Congress on
grant outcomes, including--
``(I) the results of the project; and
``(II) the amount of grant funds used for the project; and
``(iv) creates and maintains a publicly accessible online
site that makes annual reports and incentive program
information available in an anonymized format that protects
confidential, personal, or other sensitive data.
``(3) Cooperative agreement.--
``(A) In general.--To carry out paragraph (1), the
Secretary may, on a competitive basis, enter into 1 or more
cooperative agreements with 1 or more organizations with
expertise in developing outcome-based reporting, at least 1
of which has expertise in the food insecurity nutrition
incentive program and at least 1 of which has expertise in
produce prescription projects.
``(B) Inclusion.--The organizations referred to in
subparagraph (A) may include--
``(i) nongovernmental organizations;
``(ii) State cooperative extension services;
``(iii) regional food system centers;
``(iv) Federal, State, or Tribal agencies;
``(v) institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
``(vi) other appropriate entities as determined by the
Secretary.''.
(b) Conforming Amendment.--The table of contents of the
Food, Conservation, and Energy Act of 2008 (Public Law 113-
188) is amended by striking the item relating to section 4405
and inserting the following:
``Sec. 4405. The Gus Schumacher nutrition incentive program.''.
SEC. 4206. MICRO-GRANTS FOR FOOD SECURITY.
(a) Purpose.--The purpose of this section is to increase
the quantity and quality of locally grown food through small-
scale gardening, herding, and livestock operations in food
insecure communities in areas of the United States that have
significant levels of food insecurity and import a
significant quantity of food.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) is--
(i) an individual;
(ii) an Indian tribe or tribal organization, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304);
(iii) a nonprofit organization engaged in increasing food
security, as determined by the Secretary, including--
(I) a religious organization;
(II) a food bank; or
(III) a food pantry;
(iv) a federally funded educational facility, including--
(I) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
(II) a public elementary school or public secondary school;
(III) a public institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(IV) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); or
(V) a job training program; or
(v) a local or Tribal government that may not levy local
taxes under State or Federal law; and
(B) is located in an eligible State.
(2) Eligible state.--The term ``eligible State'' means--
(A) the State of Alaska;
(B) the State of Hawaii;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Commonwealth of Puerto Rico;
(F) the Federated States of Micronesia;
(G) Guam;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(c) Establishment.--The Secretary shall distribute funds to
the agricultural department or agency of each eligible State
for the competitive distribution of subgrants to eligible
entities to increase the quantity and quality of locally
grown food in food insecure communities, including through
small-scale gardening, herding, and livestock operations.
(d) Distribution of Funds.--
(1) In general.--Of the amount made available under
subsection (g), the Secretary shall distribute--
(A) 40 percent to the State of Alaska;
(B) 40 percent to the State of Hawaii; and
(C) 2.5 percent to each eligible State described in any of
subparagraphs (C) through (J) of subsection (b)(2).
(2) Carryover of funds.--Funds distributed under paragraph
(1) shall remain available until expended.
(3) Administrative funds.--An eligible State that receives
funds under paragraph (1) may use not more than 3 percent of
those funds--
(A) to administer the competition for providing subgrants
to eligible entities in that eligible State;
(B) to provide oversight of the subgrant recipients in that
eligible State; and
(C) to collect data and submit a report to the Secretary
under subsection (f)(2).
(e) Subgrants to Eligible Entities.--
(1) Amount of subgrants.--
(A) In general.--The amount of a subgrant to an eligible
entity under this section shall be--
(i) in the case of an eligible entity that is an
individual, not greater than $5,000 per year; and
(ii) in the case of an eligible entity described in any of
clauses (ii) through (v) of subsection (b)(1)(A), not greater
than $10,000 per year.
(B) Matching requirement.--As a condition of receiving a
subgrant under this section, an eligible entity shall provide
funds equal to 10 percent of the amount received by the
eligible entity under the subgrant, to be derived from non-
Federal sources. A State may waive the matching requirement
for an individual who otherwise meets the requirements to
receive a subgrant by the eligible State.
(C) Project period.--Funds received by an eligible entity
that is awarded a subgrant under this section shall remain
available for expenditure not later than 3 years after the
date the funds are received.
(2) Priority.--In carrying out the competitive distribution
of subgrants under subsection (c), an eligible State may give
priority to an eligible entity that--
(A) has not previously received a subgrant under this
section; or
(B) is located in a community or region in that eligible
State with the highest degree of food insecurity, as
determined by the agricultural department or agency of the
eligible State.
(3) Projects.--An eligible State may provide subgrants to 2
or more eligible entities to carry out the same project.
(4) Use of subgrant funds by eligible entities.--An
eligible entity that receives a subgrant under this section
shall use the funds to engage in activities that will
increase the quantity and quality of locally grown food for
food insecure individuals, families, neighborhoods, and
communities, including by--
(A) purchasing gardening tools or equipment, soil, soil
amendments, seeds, plants, animals, canning equipment,
refrigeration, or other items necessary to grow and store
food;
(B) purchasing or building composting units;
(C) purchasing or building towers designed to grow leafy
green vegetables;
(D) expanding an area under cultivation or engaging in
other activities necessary to be eligible to receive funding
under the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for a
high tunnel;
(E) engaging in an activity that extends the growing
season;
(F) starting or expanding hydroponic and aeroponic farming
of any scale;
(G) building, buying, erecting, or repairing fencing for
livestock, poultry, or reindeer;
(H) purchasing and equipping a slaughter and processing
facility approved by the Secretary;
(I) traveling to participate in agricultural education
provided by--
(i) a State cooperative extension service;
(ii) a land-grant college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
(iii) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)));
[[Page H9868]]
(iv) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as such terms are defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b))); or
(v) a Federal or State agency;
(J) paying for shipping of purchased items relating to
growing or raising food for local consumption or purchase;
(K) creating or expanding avenues for--
(i) the sale of food commodities, specialty crops, and
meats that are grown by the eligible entity for sale in the
local community; or
(ii) increasing the availability of fresh, locally grown,
and nutritious food; and
(L) engaging in other activities relating to increasing
food security (including subsistence), as determined by the
Secretary.
(5) Eligibility for other financial assistance.--An
eligible entity shall not be ineligible to receive financial
assistance under another program administered by the
Secretary as a result of receiving a subgrant under this
section.
(f) Reporting Requirement.--
(1) Subgrant recipients.--As a condition of receiving a
subgrant under this section, an eligible entity shall agree
to submit to the eligible State in which the eligible entity
is located a report--
(A) not later than 60 days after the end of the project
funded by the subgrant; and
(B) that describes the use of the subgrants by eligible
entities, the quantity of food grown through small-scale
gardening, herding, and livestock operations, and the number
of food insecure individuals fed as a result of the subgrant.
(2) Report to the secretary.--Not later than 120 days after
the date on which an eligible State receives a report from
each eligible entity in that State under paragraph (1), the
eligible State shall submit to the Secretary a report that
describes, in the aggregate, the information and data
contained in the reports received from those eligible
entities.
(g) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
(2) Appropriations in advance.--Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
SEC. 4207. BUY AMERICAN REQUIREMENTS.
(a) Enforcement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Agriculture
shall--
(1) enforce full compliance with the requirements of
section 12(n) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(n)) for purchases of agricultural
commodities, including fish, meats, vegetables, and fruits,
and the products thereof, and
(2) ensure that States and school food authorities fully
understand their responsibilities under such Act.
(b) Requirement.--The products of the agricultural
commodities described in subsection (a)(1) shall be processed
in the United States and substantially contain--
(1) meats, vegetables, fruits, and other agricultural
commodities produced in--
(A) a State,
(B) the District of Columbia,
(C) the Commonwealth of Puerto Rico, or
(D) any territory or possession of the United States, or
(2) fish harvested--
(A) within the Exclusive Economic Zone of the United
States, as described in Presidential Proclamation 5030 (48
Fed. Reg. 10605; March 10, 1983), or
(B) by a United States flagged vessel.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the actions the Secretary has taken, and plans to
take, to comply with this section.
SEC. 4208. HEALTHY FLUID MILK INCENTIVES PROJECTS.
(a) Definition of Fluid Milk.--In this section the term
``fluid milk'' means all varieties of pasteurized cow's milk
that--
(1) is without flavoring or sweeteners,
(2) is consistent with the most recent dietary
recommendations,
(3) is packaged in liquid form, and
(4) contains vitamins A and D at levels consistent with the
Food and Drug Administration, State, and local standards for
fluid milk.
(b) Projects.--The Secretary of Agriculture shall carry
out, under such terms and conditions as the Secretary
considers to be appropriate, healthy fluid milk incentive
projects to develop and test methods to increase the purchase
and consumption of fluid milk by members of households that
receive supplemental nutrition assistance program benefits by
providing an incentive for the purchase of fluid milk at the
point of purchase to members of households purchasing food
with supplemental nutrition assistance program benefits.
(c) Grants or Cooperative Agreements.--
(1) In general.--To carry out this section, the Secretary,
on a competitive basis, shall enter into cooperative
agreements with, or provide grants to, governmental entities
or nonprofit organizations for projects that meet the purpose
and selection criteria specified in this subsection.
(2) Application.--To be eligible to enter into a
cooperative agreement or receive a grant under this
subsection, a government entity or nonprofit organization
shall submit to the Secretary an application containing such
information as the Secretary may require.
(3) Selection criteria.--Projects proposed in applications
shall be evaluated against publicly disseminated criteria
that shall incorporate a scientifically based strategy that
is designed to improve diet quality and nutritional outcomes
through the increased purchase of fluid milk by members of
households that participate in the supplemental nutrition
assistance program.
(4) Use of funds.--Funds made available to carry out this
section shall not be used for any project that limits the use
of benefits provided under the Food and Nutrition Act of
2008.
(d) Evaluation and Reporting.--
(1) Evaluation.--
(A) Independent evaluation.--
(i) In general.--The Secretary shall provide for an
independent evaluation of projects selected under this
section that measures, to the maximum extent practicable, the
impact on health and nutrition.
(ii) Requirement.--The independent evaluation under this
subparagraph shall use rigorous methodologies, particularly
random assignment or other methods that are capable of
producing scientifically valid information regarding which
activities are effective.
(B) Costs.--The Secretary may use funds not to exceed 7
percent of the funding provided to carry out this section to
pay costs associated with evaluating the outcomes of the
healthy fluid milk incentive projects.
(2) Reporting.--Not later than December 31 of 2020, and
biennially thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that includes a description of--
(A) the status of each healthy fluid milk incentives
project, and
(B) the results of any completed evaluation that--
(i) include, to the maximum extent practicable, the impact
of the healthy fluid milk incentive projects on health and
nutrition outcomes among households participating in such
projects, and
(ii) have not been submitted in a previous report under
this paragraph.
(3) Public dissemination.--In addition to the reporting
requirements under paragraph (2), evaluation results shall be
shared publicly to promote wide use of successful strategies.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $20,000,000 to carry out and evaluate the
outcomes of projects under this section, to remain available
until expended.
(2) Appropriations in advance.--Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY
REQUIREMENT FOR FARM OWNERSHIP LOANS.
Section 302(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(b)) is amended by adding at
the end the following:
``(4) Waiver authority.--In the case of a qualified
beginning farmer or rancher, the Secretary may--
``(A) reduce the 3-year requirement in paragraph (1) to 1
or 2 years, if the farmer or rancher has--
``(i) not less than 16 credit hours of post-secondary
education in a field related to agriculture;
``(ii) successfully completed a farm management curriculum
offered by a cooperative extension service, a community
college, an adult vocational agriculture program, a nonprofit
organization, or a land-grant college or university;
``(iii) at least 1 year of experience as hired farm labor
with substantial management responsibilities;
``(iv) successfully completed a farm mentorship,
apprenticeship, or internship program with an emphasis on
management requirements and day-to-day farm management
decisions;
``(v) significant business management experience;
``(vi) been honorably discharged from the armed forces of
the United States;
``(vii) successfully repaid a youth loan made under section
311(b); or
``(viii) an established relationship with an individual who
has experience in farming or ranching, or is a retired farmer
or rancher, and is participating as a counselor in a Service
Corps of Retired Executives program authorized under section
8(b)(1)(B) of the Small Business Act (15 U.S.C.
637(b)(1)(B)), or with a local farm or ranch operator or
organization, approved by the Secretary, that is committed to
mentoring the farmer or rancher; or
``(B) waive the 3-year requirement in paragraph (1) if the
farmer or rancher meets the requirements of clauses (iii) and
(viii) of subparagraph (A).''.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(h)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1925) is amended--
(1) in subsection (a)(2)--
(A) by striking ``$300,000'' and inserting ``$600,000'';
(B) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(C) by striking ``2000'' and inserting ``2019''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``August'' and inserting
``July''; and
(B) in paragraph (2), by striking ``ending on August 31,
1996'' and inserting ``that immediately precedes the 12-month
period described in paragraph (1)''.
[[Page H9869]]
SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND
SUCCESSION ON FARMLAND.
Subtitle A of title III of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding
at the end the following:
``SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND
SUCCESSION ON FARMLAND.
``(a) In General.--The Secretary may make loans to eligible
entities described in subsection (b) so that the eligible
entities may relend the funds to individuals and entities for
the purposes described in subsection (c).
``(b) Eligible Entities.--Entities eligible for loans
described in subsection (a) are cooperatives, credit unions,
and nonprofit organizations with--
``(1) certification under section 1805.201 of title 12,
Code of Federal Regulations (or successor regulations), to
operate as a lender;
``(2) experience assisting socially disadvantaged farmers
and ranchers (as defined in subsection (a) of section 2501 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279)) or limited resource or new and beginning
farmers and ranchers, rural businesses, cooperatives, or
credit unions, including experience in making and servicing
agricultural and commercial loans; and
``(3) the ability to provide adequate assurance of the
repayment of a loan.
``(c) Eligible Purposes.--The proceeds from loans made by
the Secretary pursuant to subsection (a) shall be re-lent by
eligible entities for projects that assist heirs with
undivided ownership interests to resolve ownership and
succession on farmland that has multiple owners.
``(d) Preference.--In making loans under subsection (a),
the Secretary shall give preference to eligible entities--
``(1) with not less than 10 years of experience serving
socially disadvantaged farmers and ranchers; and
``(2) in States that have adopted a statute consisting of
an enactment or adoption of the Uniform Partition of Heirs
Property Act, as approved and recommended for enactment in
all States by the National Conference of Commissioners on
Uniform State Laws in 2010, that relend to owners of heirs
property (as defined in that Act).
``(e) Loan Terms and Conditions.--The following terms and
conditions shall apply to loans made under this section:
``(1) The interest rate at which intermediaries may borrow
funds under this section shall be determined by the
Secretary.
``(2) The rates, terms, and payment structure for borrowers
to which intermediaries lend shall be--
``(A) determined by the intermediary in an amount
sufficient to cover the cost of operating and sustaining the
revolving loan fund; and
``(B) clearly and publicly disclosed to qualified ultimate
borrowers.
``(3) Borrowers to which intermediaries lend shall be--
``(A) required to complete a succession plan as a condition
of the loan; and
``(B) be offered the opportunity to borrow sufficient funds
to cover costs associated with the succession plan under
subparagraph (A) and other associated legal and closing
costs.
``(f) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the operation and outcomes of the
program under this section, with recommendations on how to
strengthen the program.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943) is amended--
(1) in subsection (a)(1)--
(A) by striking ``$300,000'' and inserting ``$400,000'';
(B) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(C) by striking ``2000'' and inserting ``2019''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``August'' and inserting
``July''; and
(B) in paragraph (2), by striking ``ending on August 31,
1996'' and inserting ``that immediately precedes the 12-month
period described in paragraph (1)''.
SEC. 5202. MICROLOANS.
Section 313(c)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943(c)(2)) is amended by striking
``title'' and inserting ``subsection''.
SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS.
Section 313(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle C--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL
DEVELOPMENT ACCOUNTS PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983b(h)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$4,226,000,000 for each of fiscal years 2008 through 2018''
and inserting ``$10,000,000,000 for each of fiscal years 2019
through 2023''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $3,000,000,000 shall be for direct loans, of which--
``(i) $1,500,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $1,500,000,000 shall be for operating loans under
subtitle B; and
``(B) $7,000,000,000 shall be for guaranteed loans, of
which--
``(i) $3,500,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $3,500,000,000 shall be for operating loans under
subtitle B.''.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 5304. USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING
MICROLOANS UNDER CERTAIN CONDITIONS.
Section 346(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)) is amended by adding at
the end the following:
``(5) Use of additional funds for direct operating
microloans under certain conditions.--
``(A) In general.--If the Secretary determines that the
amount needed for a fiscal year for direct operating loans
(including microloans) under subtitle B is greater than the
aggregate principal amount authorized for that fiscal year by
this Act, an appropriations Act, or any other provision of
law, the Secretary shall make additional microloans under
subtitle B using amounts made available under subparagraph
(C).
``(B) Notice.--Not later than 15 days before the date on
which the Secretary uses the authority under subparagraph
(A), the Secretary shall submit a notice of the use of that
authority to--
``(i) the Committee on Appropriations of the House of
Representatives;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Agriculture of the House of
Representatives; and
``(iv) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
``(C) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 5305. EQUITABLE RELIEF.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. EQUITABLE RELIEF.
``(a) In General.--Subject to subsection (b), the Secretary
may provide a form of relief described in subsection (c) to
any farmer or rancher who--
``(1) received a direct farm ownership, operating, or
emergency loan under this title; and
``(2) the Secretary determines is not in compliance with
the requirements of this title with respect to the loan.
``(b) Limitation.--The Secretary may only provide relief to
a farmer or rancher under subsection (a) if the Secretary
determines that the farmer or rancher--
``(1) acted in good faith; and
``(2) relied on an action of, or the advice of, the
Secretary (including any authorized representative of the
Secretary) to the detriment of the farming or ranching
operation of the farmer or rancher.
``(c) Forms of Relief.--The Secretary may provide to a
farmer or rancher under subsection (a) any of the following
forms of relief:
``(1) The farmer or rancher may retain loans or other
benefits received in association with the loan with respect
to which the farmer or rancher was determined to be
noncompliant under subsection (a)(2).
``(2) The farmer or rancher may receive such other
equitable relief as the Secretary determines to be
appropriate.
``(d) Condition.--As a condition of receiving relief under
this section, the Secretary may require the farmer or rancher
to take actions designed to remedy the noncompliance.
``(e) Administrative Appeal; Judicial Review.--A
determination or action of the Secretary under this section--
``(1) shall be final; and
``(2) shall not be subject to administrative appeal or
judicial review under chapter 7 of title 5, United States
Code.''.
SEC. 5306. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 366 (as added by section 5305) the
following:
``SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
``In the case of a loan guaranteed by the Secretary under
subtitle A or B to a socially disadvantaged farmer or rancher
(as defined in section 355(e)) or a qualified beginning
farmer or rancher, the Secretary may provide for a standard
guarantee plan, which shall cover an amount equal to 95
percent of the outstanding principal of the loan.''.
SEC. 5307. EMERGENCY LOAN ELIGIBILITY.
Section 373(b)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
[[Page H9870]]
(2) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(i) In general.--The Secretary''; and
(3) by adding at the end the following:
``(ii) Restructured loans.--For purposes of clause (i), a
borrower who was restructured with a write-down or
restructuring under section 353 shall not be considered to
have received debt forgiveness on a loan made or guaranteed
under this title.''.
Subtitle D--Miscellaneous
SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT.
(a)(1) Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended in the second
sentence by striking ``and limited liability companies'' and
inserting ``limited liability companies, and such other legal
entities''.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 5201(2)(C) of the
Agricultural Act of 2014 (Public Law 113-79) in lieu of the
amendment made by such section.
(b)(1) Section 331D(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981d(e)) is amended by inserting
after ``within 60 days after receipt of the notice required
in this section'' the following: ``or, in extraordinary
circumstances as determined by the applicable State director,
after the 60-day period''.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 10 of the
Agricultural Credit Improvement Act of 1992 (Public Law 102-
554).
(c)(1) Section 333A(f)(1)(A) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by
striking ``114'' and inserting ``339''.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 14 of the
Agricultural Credit Improvement Act of 1992 (Public Law 102-
554).
(d) Section 339(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C.1989(d)(3)) is amended by striking
``preferred certified lender'' and inserting ``Preferred
Certified Lender''.
(e)(1) Section 343(a)(11)(C) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by
striking ``or joint operators'' and inserting ``joint
operator, or owners''.
(2) The amendment made by this subsection shall take effect
as of the effective date of section 5303(a)(2) of the
Agricultural Act of 2014 (Public Law 113-79).
(f)(1) Section 343(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(b)) is amended by striking
``307(e)'' and inserting ``307(d)''.
(2) The amendment made by paragraph (1) shall take effect
as of the date of enactment of the Agricultural Act of 2014
(Public Law 113-79).
(g) Section 346(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C.1994(a)) is amended by striking the
last comma.
SEC. 5402. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Issues Covered by State Mediation Programs.--Section
501(c) of the Agricultural Credit Act of 1987 (7 U.S.C.
5101(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking ``under
the jurisdiction of the Department of Agriculture'';
(ii) in clause (ii), by inserting ``and the national
organic program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.)'' before the
period at the end; and
(iii) by striking clause (vii) and inserting the following:
``(vii) Lease issues, including land leases and equipment
leases.
``(viii) Family farm transition.
``(ix) Farmer-neighbor disputes.
``(x) Such other issues as the Secretary or the head of the
department of agriculture of each participating State
considers appropriate for better serving the agricultural
community and persons eligible for mediation.''; and
(B) by adding at the end the following:
``(C) Mediation services.--Funding provided for the
mediation program of a qualifying State may also be used to
provide credit counseling to persons described in paragraph
(2)--
``(i) prior to the initiation of any mediation involving
the Department of Agriculture; or
``(ii) unrelated to any ongoing dispute or mediation in
which the Department of Agriculture is a party.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any other persons involved in an issue for which
mediation services are provided by a mediation program
described in paragraph (1)(B).''; and
(3) in paragraph (3)(F), by striking ``that persons'' and
inserting the following: ``that--
``(i) the Department of Agriculture receives adequate
notification of those issues; and
``(ii) persons''.
(b) Report Required.--Section 505 of the Agricultural
Credit Act of 1987 (7 U.S.C. 5105) is amended to read as
follows:
``SEC. 505. REPORT.
``Not later than 2 years after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall
submit to Congress a report describing--
``(1) the effectiveness of the State mediation programs
receiving matching grants under this subtitle;
``(2) recommendations for improving the delivery of
mediation services to producers;
``(3) the steps being taken to ensure that State mediation
programs receive timely funding under this subtitle; and
``(4) the savings to the States as a result of having a
mediation program.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 5403. COMPENSATION OF BANK DIRECTORS.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C.
2209) is repealed.
SEC. 5404. SHARING OF PRIVILEGED AND CONFIDENTIAL
INFORMATION.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended by adding at the end the following:
``(e) Sharing of Privileged and Confidential Information.--
A System institution shall not be considered to have waived
the confidentiality of a privileged communication with an
attorney or an accountant if the System institution provides
the content of the communication to the Farm Credit
Administration pursuant to the supervisory or regulatory
authorities of the Farm Credit Administration.''.
SEC. 5405. FACILITY HEADQUARTERS.
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended by striking all that precedes ``to the
rental of quarters'' and inserting the following:
``SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
``(a) The Farm Credit Administration shall maintain its
principal office within the Washington D.C.-Maryland-Virginia
standard metropolitan statistical area, and such other
offices within the United States as in its judgment are
necessary.
``(b) As an alternate''.
SEC. 5406. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.29 (12 U.S.C. 2265) the
following:
``SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-
WIDE PROHIBITION.
``(a) Definition of Person.--In this section, the term
`person' means--
``(1) an individual; and
``(2) in the case of a specific determination by the Farm
Credit Administration, a legal entity.
``(b) Industry-wide Prohibition.--Except as provided in
subsection (c), any person who, pursuant to an order issued
under section 5.28 or 5.29, has been removed or suspended
from office at a System institution or prohibited from
participating in the conduct of the affairs of a System
institution shall not, during the period of effectiveness of
the order, continue or commence to hold any office in, or
participate in any manner in the conduct of the affairs of--
``(1) any insured depository institution subject to section
8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(i));
``(2) any institution subject to section 8(e)(7)(A)(ii) of
the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(ii));
``(3) any insured credit union under the Federal Credit
Union Act (12 U.S.C. 1751 et seq.);
``(4) any Federal home loan bank;
``(5) any institution chartered under this Act;
``(6) any appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D)));
``(7) the Federal Housing Finance Agency; or
``(8) the Farm Credit Administration.
``(c) Exception for Institution-affiliated Party That
Receives Written Consent.--
``(1) In general.--
``(A) Affiliated parties.--If, on or after the date on
which an order described in subsection (b) is issued that
removes or suspends an institution-affiliated party from
office at a System institution or prohibits an institution-
affiliated party from participating in the conduct of the
affairs of a System institution, that party receives written
consent described in subparagraph (B), subsection (b) shall
not apply to that party--
``(i) to the extent provided in the written consent
received; and
``(ii) with respect to the institution described in each
written consent.
``(B) Written consent described.--The written consent
referred to in subparagraph (A) is written consent received
from--
``(i) the Farm Credit Administration; and
``(ii) each appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))) of
the applicable institution described in any of paragraphs
(1), (2), (3), or (4) of subsection (b) with respect to which
the party proposes to be become an affiliated party.
``(2) Disclosure.--Any agency described in clause (i) or
(ii) of paragraph (1)(B) that provides a written consent
under that paragraph shall--
``(A) report the action to the Farm Credit Administration;
and
``(B) publicly disclose the action.
``(3) Consultation between agencies.--The agencies
described in clauses (i) and (ii) of paragraph (1)(B) shall
consult with each other before providing any written consent
under that paragraph.
``(d) Violations.--A violation of subsection (b) by any
person who is subject to an order described in that
subsection shall be treated as violation of that order.''.
SEC. 5407. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.31 (12 U.S.C. 2267) the
following:
``SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED
PARTIES.
``(a) In General.--For purposes of sections 5.25, 5.26, and
5.32, the jurisdiction of the Farm
[[Page H9871]]
Credit Administration over parties, and the authority of the
Farm Credit Administration to initiate actions, shall include
enforcement authority over institution-affiliated parties.
``(b) Effect of Separation on Jurisdiction and Authority.--
Subject to subsection (c), the resignation, termination of
employment or participation, or separation of an institution-
affiliated party (including a separation caused by the
merger, consolidation, conservatorship, or receivership of a
Farm Credit System institution) shall not affect the
jurisdiction and authority of the Farm Credit Administration
to issue any notice or order and proceed under this part
against that party.
``(c) Limitation.--To proceed against a party under
subsection (b), the notice or order described in that
subsection shall be served not later than 6 years after the
date on which the party ceased to be an institution-
affiliated party with respect to the applicable Farm Credit
System institution.
``(d) Applicability.--The date on which a party ceases to
be an institution-affiliated party described in subsection
(c) may occur before, on, or after the date of enactment of
this section.''.
SEC. 5408. DEFINITION OF INSTITUTION-AFFILIATED PARTY.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) a director, officer, employee, shareholder, or agent
of a System institution;
``(B) an independent contractor (including an attorney,
appraiser, or accountant) who knowingly or recklessly
participates in--
``(i) a violation of law (including regulations) that is
associated with the operations and activities of 1 or more
System institutions;
``(ii) a breach of fiduciary duty; or
``(iii) an unsafe practice that causes or is likely to
cause more than a minimum financial loss to, or a significant
adverse effect on, a System institution; and
``(C) any other person, as determined by the Farm Credit
Administration (by regulation or on a case-by-case basis) who
participates in the conduct of the affairs of a System
institution; and''.
SEC. 5409. PROHIBITION ON USE OF FUNDS.
Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-14) is amended by adding at the end the following:
``(e) Prohibition on Uses of Funds Related to Federal
Agricultural Mortgage Corporation.--No funds from
administrative accounts or from the Farm Credit System
Insurance Fund may be used by the Corporation to provide
assistance to the Federal Agricultural Mortgage Corporation
or to support any activities related to the Federal
Agricultural Mortgage Corporation.''.
SEC. 5410. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT
LIMITATION.
(a) In General.--Section 8.8(c)(2) of the Farm Credit Act
of 1971 (12 U.S.C. 2279aa-8(c)(2)) is amended by striking
``1,000'' and inserting ``2,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 1 year after the date a report submitted in
accordance with section 5414 of this Act indicates that it is
feasible to increase the acreage limitation in section
8.8(c)(2) of the Farm Credit Act of 1971 to 2,000 acres.
SEC. 5411. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL
CORRECTIONS.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12
U.S.C. 2001(c)) is amended in the first sentence by striking
``including any costs of defeasance under section 4.8(b),''.
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C.
2002) is amended by striking subsection (a) and inserting the
following:
``(a) Composition.--The Farm Credit System shall include
the Farm Credit Banks, the bank for cooperatives,
Agricultural Credit Banks, the Federal Land Bank
Associations, the Federal Land Credit Associations, the
Production Credit Associations, the agricultural credit
associations, the Federal Farm Credit Banks Funding
Corporation, the Federal Agricultural Mortgage Corporation,
service corporations established pursuant to section 4.25,
and such other institutions as may be made a part of the Farm
Credit System, all of which shall be chartered by and subject
to regulation by the Farm Credit Administration.''.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C.
2075) is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12
U.S.C. 2121(a)) is amended--
(A) in the third sentence, by striking ``and a Central Bank
for Cooperatives''; and
(B) by striking the fifth sentence.
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C.
2123) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``not merged into the
United Bank for Cooperatives or the National Bank for
Cooperatives''; and
(ii) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``(other than the National Bank for
Cooperatives)'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``(a)(1) Each bank'' and inserting the
following:
``(a) In General.--Each bank''; and
(ii) by striking ``(2)(A) If approved'' and inserting the
following:
``(b) Nomination and Election.--
``(1) In general.--If approved'';
(D) in subsection (b)(1) (as so designated)--
(i) in subparagraph (B), by striking ``(B) The total'' and
inserting the following:
``(2) Number of votes.--The total''; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting appropriately; and
(E) in paragraph (2) (as so designated), by striking
``paragraph'' and inserting ``subsection''.
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C.
2126) is amended in the third sentence by striking
``district''.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12
U.S.C. 2128(a)) is amended by striking the second sentence.
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by inserting ``(or any
successor agency)'' after ``Rural Electrification
Administration''.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12
U.S.C. 2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.
2131) is amended--
(A) in subsection (c), by striking the second sentence; and
(B) in subsection (d)--
(i) by striking ``district'' each place it appears; and
(ii) by inserting ``for cooperatives (or any successor
bank)'' before ``on account''.
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.
2132) is amended--
(A) in subsection (a), in the first sentence, by striking
``subsections (b) and (c) of this section'' and inserting
``subsection (b)'';
(B) in subsection (b)--
(i) in the first sentence, by striking ``district''; and
(ii) in the second sentence, by striking ``Except as
provided in subsection (c) below, all'' and inserting
``All'';
(C) by striking subsection (c); and
(D) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively.
(12) Part B of title III of the Farm Credit Act of 1971 (12
U.S.C. 2141 et seq.) is amended in the part heading by
striking ``United and''.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.
2141) is amended--
(A) in subsection (a), by striking ``or the United Bank for
Cooperatives, as the case may be''; and
(B) in subsection (b), by striking ``the district banks for
cooperatives and the Central Bank for Cooperatives'' and
inserting ``the constituent banks described in section 413(b)
of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;
Public Law 100-233)''.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.
2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.
2149) is amended by striking ``a district bank for
cooperatives and the Central Bank for Cooperatives'' and
inserting ``the constituent banks described in section 413(b)
of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;
Public Law 100-233)''.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.
2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.
2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.
2159) is amended--
(A) by striking the section designation and heading and all
that follows through ``Each bank'' in subsection (a) and
inserting the following:
``SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
``Each bank''; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended--
(A) in subsection (d)--
(i) by striking paragraph (2) and inserting the following:
``(3) Representation of board.--The Farm Credit System
Insurance Corporation shall not have representation on the
board of directors of the Corporation.'';
(ii) in the undesignated matter following paragraph (1)(D),
by striking ``In selecting'' and inserting the following:
``(2) Considerations.--In selecting''; and
(iii) in paragraph (2) (as so designated), by inserting
``of paragraph (1)'' after ``(A) and (B)'';
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection (e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12
U.S.C. 2162(c)) is amended--
(A) by striking ``institution, and--'' in the matter
preceding paragraph (1) and all that follows through the
period at the end of paragraph (2) and inserting
``institution.'';
(B) by striking ``If an institution'' and inserting the
following:
``(1) In general.--If an institution'';
(C) in paragraph (1) (as so designated), by striking ``the
receiver of the institution'' and inserting ``the Farm Credit
System Insurance Corporation, acting as receiver,''; and
(D) by adding at the end the following:
``(2) Funding.--The Farm Credit System Insurance
Corporation shall use such funds from the Farm Credit
Insurance Fund as are sufficient to carry out this
section.''.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12
U.S.C. 2184(a)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--A Farm Credit System bank or association
shall provide to a stockholder of the bank or association a
current list of stockholders of the bank or association not
later than 7 calendar days after the date on which the bank
or association receives a written request for the stockholder
list from the stockholder.''.
(22) Section 4.14A of the Farm Credit Act of 1971 (12
U.S.C. 2202a) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting
``and section 4.36'' before the colon at the end; and
[[Page H9872]]
(ii) in paragraph (5)(B)(ii)(I), by striking ``4.14C,'';
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by striking
``production credit''.
(23) Section 4.14C of the Farm Credit Act of 1971 (12
U.S.C. 2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.
2205) is amended in the third sentence by striking ``Federal
intermediate credit banks and''.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12
U.S.C. 2207(a)) is amended--
(A) in the first sentence--
(i) by striking ``district''; and
(ii) by striking ``Federal land bank association and
production credit''; and
(B) in the second sentence, by striking ``units'' and
inserting ``institutions''.
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.
2219c) is amended by striking ``The Assistance Board
established under section 6.0 and all'' and inserting
``All''.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.
2219d) is amended by striking ``8.0(7))'' and inserting
``8.0)''.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended in the undesignated matter following
paragraph (5) of subsection (b) (as designated by section
5405)--
(A) in the fifth sentence, by striking ``In actions
undertaken by the banks pursuant to the foregoing provisions
of this section'' and inserting the following:
``(5) Agent for banks.--In actions undertaken by the banks
pursuant to this section'';
(B) in the fourth sentence, by striking ``The plans'' and
inserting the following:
``(4) Approval of board.--The plans'';
(C) in the third sentence, by striking ``The powers'' and
inserting the following:
``(3) Powers of banks.--The powers'';
(D) in the second sentence, by striking ``Such advances''
and inserting the following:
``(2) Advances.--The advances of funds described in
paragraph (1)''; and
(E) in the first sentence, by striking ``The Board'' and
inserting the following:
``(c) Financing.--
``(1) In general.--The Board''.
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(2)) is amended by striking the second and
third sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.
2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended--
(A) in subsection (a)--
(i) in the first sentence, by striking ``Except for Federal
land bank associations, each'' and inserting ``Each''; and
(ii) by striking the second sentence; and
(B) in subsection (b)--
(i) by striking ``(b)(1) Each'' and inserting ``(b) Each'';
(ii) in the matter preceding paragraph (2) (as so
designated)--
(I) in the second sentence, by striking ``, except with
respect to any actions taken by any banks of the System under
section 4.8(b),''; and
(II) by striking the third sentence; and
(iii) by striking paragraphs (2) and (3).
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.
2267) is amended in the second sentence by striking
``4.14A(i)'' and inserting ``4.14A(h)''.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12
U.S.C. 2268(h)) is amended by striking ``4.14A(i)'' and
inserting ``4.14A(h)''.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended in paragraph (5) (as redesignated by section
5408(2))--
(A) in subparagraph (A), by adding ``and'' at the end;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking ``after December 31, 1992,''; and
(ii) by striking ``by the Farm Credit System Assistance
Board under section 6.6 or''.
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.
2274) is amended by striking ``a farm'' and all that follows
through ``land bank'' and inserting ``a Farm Credit Bank
board, officer, or employee shall not remove any director or
officer of any''.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.
2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-7(2)) is amended by striking the second
sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-9) is amended--
(A) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Corporation'' in paragraph (2) and inserting the following:
``(b) Amounts in Fund.--The Corporation''; and
(B) in subsection (c)(2), by striking ``Insurance Fund to--
'' in the matter preceding subparagraph (A) and all that
follows through ``ensure'' in subparagraph (B) and inserting
``Insurance Fund to ensure''.
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C.
2278a et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279c-2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279d(a)) is amended by striking paragraph (4) and
inserting the following:
``(4) the institution pays to the Farm Credit Insurance
Fund the amount by which the total capital of the institution
exceeds 6 percent of the assets;''.
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa) is amended--
(A) in paragraph (2), by striking ``means--'' in the matter
preceding subparagraph (A) and all that follows through the
period at the end of the undesignated matter following
subparagraph (B) and inserting ``means the board of directors
established under section 8.2.'';
(B) by striking paragraphs (6) and (8);
(C) by redesignating paragraphs (7), (9), and (10) as
paragraphs (6), (7), and (8), respectively; and
(D) in subparagraph (B)(i) of paragraph (7) (as so
redesignated), by striking ``(b) through (d)'' and inserting
``(b) and (c)''.
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-2) is amended--
(A) by striking subsection (a);
(B) in subsection (b), by striking the subsection
designation and heading and all that follows through the
period at the end of paragraph (1) and inserting the
following:
``(a) In General.--
``(1) Establishment.--The Corporation shall be under the
management of the board of directors.'';
(C) in subsection (a) (as so designated)--
(i) by striking ``permanent board'' each place it appears
and inserting ``Board'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraphs (4) through (10) as
paragraphs (3) through (9), respectively; and
(iv) in paragraph (3)(A) (as so redesignated), by striking
``(6)'' and inserting ``(5)''; and
(D) by redesignating subsection (c) as subsection (b).
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-4(a)(1)) is amended--
(A) in the sixth sentence--
(i) by striking ``Class B'' and inserting the following:
``(iii) Class b stock.--Class B''; and
(ii) by striking ``8.2(b)(2)(B)'' and inserting
``8.2(a)(2)(B)'';
(B) in the fifth sentence--
(i) by striking ``Class A'' and inserting the following:
``(ii) Class a stock.--Class A''; and
(ii) by striking ``8.2(b)(2)(A)'' and inserting
``8.2(a)(2)(A)'';
(C) in the fourth sentence, by striking ``The stock'' and
inserting the following:
``(D) Classes of stock.--
``(i) In general.--The stock'';
(D) by striking the third sentence and inserting the
following:
``(C) Offers.--
``(i) In general.--The Board shall offer the voting common
stock to banks, other financial institutions, insurance
companies, and System institutions under such terms and
conditions as the Board may adopt.
``(ii) Requirements.--The voting common stock shall be
fairly and broadly offered to ensure that--
``(I) no institution or institutions acquire a
disproportionate share of the total quantity of the voting
common stock outstanding of a class of stock; and
``(II) capital contributions and issuances of voting common
stock for the contributions are fairly distributed between
entities eligible to hold class A stock and class B stock.'';
(E) in the second sentence, by striking ``Each share'' and
inserting the following:
``(B) Number of votes.--Each share''; and
(F) in the first sentence, by striking ``The Corporation''
and inserting the following:
``(A) In general.--The Corporation''.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(A) by striking subsection (d);
(B) by redesignating subsection (e) as subsection (d); and
(C) in paragraph (2) of subsection (d) (as so
redesignated), by striking ``8.0(9))'' and inserting
``8.0)''.
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9) is amended by striking ``4.14C,'' each place it
appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-11(e)) is amended by striking ``8.0(7))'' and
inserting ``8.0)''.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279bb-1(a)) is amended--
(A) in the first sentence of the matter preceding paragraph
(1), by striking ``Not sooner than the expiration of the 3-
year period beginning on the date of enactment of the Farm
Credit System Reform Act of 1996, the'' and inserting
``The''; and
(B) in paragraph (1)(B), by striking ``8.0(9)(C)'' and
inserting ``8.0(7)(C)''.
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb-2(b)(2)(A)) is amended by striking
``8.6(e)'' and inserting ``8.6(d)''.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.
1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.
1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.
1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.
1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.
1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12
U.S.C. 1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239;
12 U.S.C. 1141d-1), is repealed.
(59) Section 201(e) of the Emergency Relief and
Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a-4), is repealed.
[[Page H9873]]
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5412. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
Part E of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.61B (12 U.S.C. 2277a-10b) the
following:
``SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
``(a) Definition of Institution.--In this section, the term
`institution' includes any System institution for which the
Corporation has been appointed as conservator or receiver.
``(b) Certain Powers and Duties of Corporation as
Conservator or Receiver.--In addition to the powers inherent
in the express grant of corporate authority under section
5.58(9), and other powers exercised by the Corporation under
this part, the Corporation shall have the following express
powers to act as a conservator or receiver:
``(1) Rulemaking authority of corporation.--The Corporation
may prescribe such regulations as the Corporation determines
to be appropriate regarding the conduct of conservatorships
or receiverships.
``(2) General powers.--
``(A) Successor to system institution.--The Corporation
shall, as conservator or receiver, and by operation of law,
succeed to--
``(i) all rights, titles, powers, and privileges of the
System institution, and of any stockholder, member, officer,
or director of such System institution with respect to the
System institution and the assets of the System institution;
and
``(ii) title to the books, records, and assets of any
previous conservator or other legal custodian of such System
institution.
``(B) Operate the system institution.--The Corporation may,
as conservator or receiver--
``(i) take over the assets of and operate the System
institution with all the powers of the stockholders or
members, the directors, and the officers of the System
institution and conduct all business of the System
institution;
``(ii) collect all obligations and money due the System
institution;
``(iii) perform all functions of the System institution in
the name of the System institution which are consistent with
the appointment as conservator or receiver;
``(iv) preserve and conserve the assets and property of
such System institution; and
``(v) provide by contract for assistance in fulfilling any
function, activity, action, or duty of the Corporation as
conservator or receiver.
``(C) Functions of system institution's officers,
directors, members, and stockholders.--The Corporation may,
by regulation or order, provide for the exercise of any
function by any stockholder, member, director, or officer of
any System institution for which the Corporation has been
appointed conservator or receiver.
``(D) Powers as conservator.--Subject to any Farm Credit
Administration approvals required under this Act, the
Corporation may, as conservator, take such action as may be--
``(i) necessary to put the System institution in a sound
and solvent condition; and
``(ii) appropriate to carry on the business of the System
institution and preserve and conserve the assets and property
of the System institution.
``(E) Additional powers as receiver.--The Corporation may,
as receiver, liquidate the System institution and proceed to
realize upon the assets of the System institution, in such
manner as the Corporation determines to be appropriate.
``(F) Organization of new system bank.--The Corporation
may, as receiver with respect to any System bank, organize a
bridge System bank under subsection (h).
``(G) Merger; transfer of assets and liabilities.--
``(i) In general.--Subject to clause (ii), the Corporation
may, as conservator or receiver--
``(I) merge the System institution with another System
institution; and
``(II) transfer or sell any asset or liability of the
System institution in default without any approval,
assignment, or consent with respect to such transfer.
``(ii) Approval.--No merger or transfer under clause (i)
may be made to another System institution (other than a
bridge System bank under subsection (h)) without the approval
of the Farm Credit Administration.
``(H) Payment of valid obligations.--The Corporation, as
conservator or receiver, shall, to the extent that proceeds
are realized from the performance of contracts or the sale of
the assets of a System institution, pay all valid obligations
of the System institution in accordance with the
prescriptions and limitations of this section.
``(I) Incidental powers.--
``(i) In general.--The Corporation may, as conservator or
receiver--
``(I) exercise all powers and authorities specifically
granted to conservators or receivers, respectively, under
this section and such incidental powers as shall be necessary
to carry out such powers; and
``(II) take any action authorized by this section, which
the Corporation determines is in the best interests of--
``(aa) the System institution in receivership or
conservatorship;
``(bb) System institutions;
``(cc) System institution stockholders or investors; or
``(dd) the Corporation.
``(ii) Termination of rights and claims.--
``(I) In general.--Except as provided in subclause (II),
notwithstanding any other provision of law, the appointment
of the Corporation as receiver for a System institution and
the succession of the Corporation, by operation of law, to
the rights, titles, powers, and privileges described in
subparagraph (A) shall terminate all rights and claims that
the stockholders and creditors of the System institution may
have, arising as a result of their status as stockholders or
creditors, against the assets or charter of the System
institution or the Corporation.
``(II) Exceptions.--Subclause (I) shall not terminate the
right to payment, resolution, or other satisfaction of the
claims of stockholders and creditors described in that
subclause, as permitted under paragraphs (10) and (11) and
subsection (d).
``(iii) Charter.--Notwithstanding any other provision of
law, for purposes of this section, the charter of a System
institution shall not be considered to be an asset of the
System institution.
``(J) Utilization of private sector.--In carrying out its
responsibilities in the management and disposition of assets
from System institutions, as conservator, receiver, or in its
corporate capacity, the Corporation may utilize the services
of private persons, including real estate and loan portfolio
asset management, property management, auction marketing,
legal, and brokerage services, if the Corporation determines
utilization of such services is practicable, efficient, and
cost effective.
``(3) Authority of receiver to determine claims.--
``(A) In general.--The Corporation may, as receiver,
determine claims in accordance with the requirements of this
subsection and regulations prescribed under paragraph (4).
``(B) Notice requirements.--The receiver, in any case
involving the liquidation or winding up of the affairs of a
closed System institution, shall--
``(i) promptly publish a notice to the System institution's
creditors to present their claims, together with proof, to
the receiver by a date specified in the notice which shall be
not less than 90 days after the publication of such notice;
and
``(ii) republish such notice approximately 1 month and 2
months, respectively, after the publication under clause (i).
``(C) Mailing required.--The receiver shall mail a notice
similar to the notice published under subparagraph (B)(i) at
the time of such publication to any creditor shown on the
System institution's books--
``(i) at the creditor's last address appearing in such
books; or
``(ii) upon discovery of the name and address of a claimant
not appearing on the System institution's books within 30
days after the discovery of such name and address.
``(4) Rulemaking authority relating to determination of
claims.--The Corporation may prescribe regulations regarding
the allowance or disallowance of claims by the receiver and
providing for administrative determination of claims and
review of such determination.
``(5) Procedures for determination of claims.--
``(A) Determination period.--
``(i) In general.--Before the end of the 180-day period
beginning on the date any claim against a System institution
is filed with the Corporation as receiver, the Corporation
shall determine whether to allow or disallow the claim and
shall notify the claimant of any determination with respect
to such claim.
``(ii) Extension of time.--The period described in clause
(i) may be extended by a written agreement between the
claimant and the Corporation.
``(iii) Mailing of notice sufficient.--The requirements of
clause (i) shall be deemed to be satisfied if the notice of
any determination with respect to any claim is mailed to the
last address of the claimant which appears--
``(I) on the System institution's books;
``(II) in the claim filed by the claimant; or
``(III) in documents submitted in proof of the claim.
``(iv) Contents of notice of disallowance.--If any claim
filed under clause (i) is disallowed, the notice to the
claimant shall contain--
``(I) a statement of each reason for the disallowance; and
``(II) the procedures available for obtaining agency review
of the determination to disallow the claim or judicial
determination of the claim.
``(B) Allowance of proven claims.--The receiver shall allow
any claim received on or before the date specified in the
notice published under paragraph (3)(B)(i) by the receiver
from any claimant which is proved to the satisfaction of the
receiver.
``(C) Disallowance of claims filed after end of filing
period.--
``(i) In general.--Except as provided in clause (ii),
claims filed after the date specified in the notice published
under paragraph (3)(B)(i) shall be disallowed and such
disallowance shall be final.
``(ii) Certain exceptions.--Clause (i) shall not apply with
respect to any claim filed by any claimant after the date
specified in the notice published under paragraph (3)(B)(i)
and such claim may be considered by the receiver if--
``(I) the claimant did not receive notice of the
appointment of the receiver in time to file such claim before
such date; and
``(II) such claim is filed in time to permit payment of
such claim.
``(D) Authority to disallow claims.--
``(i) In general.--The receiver may disallow any portion of
any claim by a creditor or claim of security, preference, or
priority which is not proved to the satisfaction of the
receiver.
``(ii) Payments to less than fully secured creditors.--In
the case of a claim of a creditor against a System
institution which is secured by
[[Page H9874]]
any property or other asset of such System institution, any
receiver appointed for any System institution--
``(I) may treat the portion of such claim which exceeds an
amount equal to the fair market value of such property or
other asset as an unsecured claim against the System
institution; and
``(II) may not make any payment with respect to such
unsecured portion of the claim other than in connection with
the disposition of all claims of unsecured creditors of the
System institution.
``(iii) Exceptions.--No provision of this paragraph shall
apply with respect to--
``(I) any extension of credit from any Federal Reserve bank
or the United States Treasury to any System institution; or
``(II) any security interest in the assets of the System
institution securing any such extension of credit.
``(E) No judicial review of determination pursuant to
subparagraph (d).--No court may review the Corporation's
determination pursuant to subparagraph (D) to disallow a
claim.
``(F) Legal effect of filing.--
``(i) Statute of limitation tolled.--For purposes of any
applicable statute of limitations, the filing of a claim with
the receiver shall constitute a commencement of an action.
``(ii) No prejudice to other actions.--Subject to paragraph
(12) and the determination of claims by a receiver, the
filing of a claim with the receiver shall not prejudice any
right of the claimant to continue any action which was filed
before the appointment of the receiver.
``(6) Provision for judicial determination of claims.--
``(A) In general.--Before the end of the 60-day period
beginning on the earlier of--
``(i) the end of the period described in paragraph
(5)(A)(i) with respect to any claim against a System
institution for which the Corporation is receiver; or
``(ii) the date of any notice of disallowance of such claim
pursuant to paragraph (5)(A)(i),
the claimant may request administrative review of the claim
in accordance with paragraph (7) or file suit on such claim
(or continue an action commenced before the appointment of
the receiver) in the district or territorial court of the
United States for the district within which the System
institution's principal place of business is located or the
United States District Court for the District of Columbia
(and such court shall have jurisdiction to hear such claim).
``(B) Statute of limitations.--If any claimant fails to
file suit on such claim (or continue an action commenced
before the appointment of the receiver), before the end of
the 60-day period described in subparagraph (A), the claim
shall be deemed to be disallowed (other than any portion of
such claim which was allowed by the receiver) as of the end
of such period, such disallowance shall be final, and the
claimant shall have no further rights or remedies with
respect to such claim.
``(7) Review of claims; administrative hearing.--If any
claimant requests review under this paragraph in lieu of
filing or continuing any action under paragraph (6) and the
Corporation agrees to such request, the Corporation shall
consider the claim after opportunity for a hearing on the
record. The final determination of the Corporation with
respect to such claim shall be subject to judicial review
under chapter 7 of title 5, United States Code.
``(8) Expedited determination of claims.--
``(A) Establishment required.--The Corporation shall
establish a procedure for expedited relief outside of the
routine claims process established under paragraph (5) for
claimants who--
``(i) allege the existence of legally valid and enforceable
or perfected security interests in assets of any System
institution for which the Corporation has been appointed
receiver; and
``(ii) allege that irreparable injury will occur if the
routine claims procedure is followed.
``(B) Determination period.--Before the end of the 90-day
period beginning on the date any claim is filed in accordance
with the procedures established pursuant to subparagraph (A),
the Corporation shall--
``(i) determine--
``(I) whether to allow or disallow such claim; or
``(II) whether such claim should be determined pursuant to
the procedures established pursuant to paragraph (5); and
``(ii) notify the claimant of the determination, and if the
claim is disallowed, provide a statement of each reason for
the disallowance and the procedure for obtaining agency
review or judicial determination.
``(C) Period for filing or renewing suit.--Any claimant who
files a request for expedited relief shall be permitted to
file a suit, or to continue a suit filed before the
appointment of the receiver, seeking a determination of the
claimant's rights with respect to such security interest
after the earlier of--
``(i) the end of the 90-day period beginning on the date of
the filing of a request for expedited relief; or
``(ii) the date the Corporation denies the claim.
``(D) Statute of limitations.--If an action described in
subparagraph (C) is not filed, or the motion to renew a
previously filed suit is not made, before the end of the 30-
day period beginning on the date on which such action or
motion may be filed in accordance with subparagraph (B), the
claim shall be deemed to be disallowed as of the end of such
period (other than any portion of such claim which was
allowed by the receiver), such disallowance shall be final,
and the claimant shall have no further rights or remedies
with respect to such claim.
``(E) Legal effect of filing.--
``(i) Statute of limitation tolled.--For purposes of any
applicable statute of limitations, the filing of a claim with
the receiver shall constitute a commencement of an action.
``(ii) No prejudice to other actions.--Subject to paragraph
(12), the filing of a claim with the receiver shall not
prejudice any right of the claimant to continue any action
which was filed before the appointment of the receiver.
``(9) Agreement as basis of claim.--
``(A) Requirements.--Except as provided in subparagraph
(B), any agreement which does not meet the requirements set
forth in section 5.61(d) shall not form the basis of, or
substantially comprise, a claim against the receiver or the
Corporation.
``(B) Exception to contemporaneous execution requirement.--
Notwithstanding section 5.61(d), any agreement relating to an
extension of credit between a Federal Reserve bank or the
United States Treasury and any System institution which was
executed before such extension of credit to such System
institution shall be treated as having been executed
contemporaneously with such extension of credit for purposes
of subparagraph (A).
``(10) Payment of claims.--
``(A) In general.--The receiver may, in the receiver's
discretion and to the extent funds are available from the
assets of the System institution, pay creditor claims which
are allowed by the receiver, approved by the Corporation
pursuant to a final determination pursuant to paragraph (7)
or (8), or determined by the final judgment of any court of
competent jurisdiction in such manner and amounts as are
authorized under this Act.
``(B) Liquidation payments.--The receiver may, in the
receiver's sole discretion, pay from the assets of the System
institution portions of proved claims at any time, and no
liability shall attach to the Corporation (in such
Corporation's corporate capacity or as receiver), by reason
of any such payment, for failure to make payments to a
claimant whose claim is not proved at the time of any such
payment.
``(C) Rulemaking authority of corporation.--The Corporation
may prescribe such rules, including definitions of terms, as
it deems appropriate to establish a single uniform interest
rate for or to make payments of post insolvency interest to
creditors holding proven claims against the receivership
estates of System institutions following satisfaction by the
receiver of the principal amount of all creditor claims.
``(11) Priority of expenses and claims.--
``(A) In general.--Amounts realized from the liquidation or
other resolution of any System institution by any receiver
appointed for such System institution shall be distributed to
pay claims (other than secured claims to the extent of any
such security) in the following order of priority:
``(i) Administrative expenses of the receiver.
``(ii) If authorized by the Corporation, wages, salaries,
or commissions, including vacation, severance, and sick leave
pay earned by an individual--
``(I) in an amount that is not more than $11,725 for each
individual (as indexed for inflation, by regulation of the
Corporation); and
``(II) that is earned 180 days or fewer before the date of
appointment of the Corporation as receiver.
``(iii) In the case of the resolution of a System bank, all
claims of holders of consolidated and System-wide bonds and
all claims of the other System banks arising from the
payments of the System banks pursuant to--
``(I) section 4.4 on consolidated and System-wide bonds
issued under subsection (c) or (d) of section 4.2; or
``(II) an agreement, in writing and approved by the Farm
Credit Administration, among the System banks to reallocate
the payments.
``(iv) In the case of the resolution of a production credit
association or other association making direct loans under
section 7.6, all claims of a System bank based on the
financing agreement between the association and the System
bank--
``(I) including interest accrued before and after the
appointment of the receiver; and
``(II) not including any setoff for stock or other equity
of that System bank owned by the association, on that
condition that, prior to making that setoff, that System bank
shall obtain the approval of the Farm Credit Administration
Board for the retirement of that stock or equity.
``(v) Any general or senior liability of the System
institution (which is not a liability described in clause
(vi) or (vii)).
``(vi) Any obligation subordinated to general creditors
(which is not an obligation described in clause (vii)).
``(vii) Any obligation to stockholders or members arising
as a result of their status as stockholders or members.
``(B) Payment of claims.--
``(i) In general.--
``(I) Payment.--All claims of each priority described in
clauses (i) through (vii) of subparagraph (A) shall be paid
in full, or provisions shall be made for that payment, prior
to the payment of any claim of a lesser priority.
``(II) Insufficient funds.--If there are insufficient funds
to pay in full all claims in any priority described clauses
(i) through (vii) of subparagraph (A), distribution on that
priority of claims shall be made on a pro rata basis.
``(ii) Distribution of remaining assets.--Following the
payment of all claims in accordance with subparagraph (A),
the receiver shall distribute the remainder of the assets of
the System institution to the owners of stock, participation
certificates, and other equities in accordance with the
priorities for impairment under the bylaws of the System
institution.
``(iii) Eligible borrower stock.--Notwithstanding
subparagraph (C) or any other provision of this section,
eligible borrower stock shall be retired in accordance with
section 4.9A.
``(C) Effect of state law.--
``(i) In general.--The provisions of subparagraph (A) shall
not supersede the law of any
[[Page H9875]]
State except to the extent such law is inconsistent with the
provisions of such subparagraph, and then only to the extent
of the inconsistency.
``(ii) Procedure for determination of inconsistency.--Upon
the Corporation's own motion or upon the request of any
person with a claim described in subparagraph (A) or any
State which is submitted to the Corporation in accordance
with procedures which the Corporation shall prescribe, the
Corporation shall determine whether any provision of the law
of any State is inconsistent with any provision of
subparagraph (A) and the extent of any such inconsistency.
``(iii) Judicial review.--The final determination of the
Corporation under clause (ii) shall be subject to judicial
review under chapter 7 of title 5, United States Code.
``(D) Accounting report.--Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the accounting
report required under paragraph (15)(B).
``(12) Suspension of legal actions.--
``(A) In general.--After the appointment of a conservator
or receiver for a System institution, the conservator or
receiver may request a stay for a period not to exceed--
``(i) 45 days, in the case of any conservator; and
``(ii) 90 days, in the case of any receiver,
in any judicial action or proceeding to which such System
institution is or becomes a party.
``(B) Grant of stay by all courts required.--Upon receipt
of a request by any conservator or receiver pursuant to
subparagraph (A) for a stay of any judicial action or
proceeding in any court with jurisdiction of such action or
proceeding, the court shall grant such stay as to all
parties.
``(13) Additional rights and duties.--
``(A) Prior final adjudication.--The Corporation shall
abide by any final unappealable judgment of any court of
competent jurisdiction which was rendered before the
appointment of the Corporation as conservator or receiver.
``(B) Rights and remedies of conservator or receiver.--In
the event of any appealable judgment, the Corporation as
conservator or receiver shall--
``(i) have all the rights and remedies available to the
System institution (before the appointment of such
conservator or receiver) and the Corporation in its corporate
capacity, including removal to Federal court and all
appellate rights; and
``(ii) not be required to post any bond in order to pursue
such remedies.
``(C) No attachment or execution.--No attachment or
execution may issue by any court on--
``(i) assets in the possession of the receiver; or
``(ii) the charter of a System institution for which the
Corporation has been appointed receiver.
``(D) Limitation on judicial review.--Except as otherwise
provided in this subsection, no court shall have jurisdiction
over--
``(i) any claim or action for payment from, or any action
seeking a determination of rights with respect to, the assets
of any System institution for which the Corporation has been
appointed receiver, including assets which the Corporation
may acquire from itself as such receiver; or
``(ii) any claim relating to any act or omission of such
System institution or the Corporation as receiver.
``(E) Disposition of assets.--In exercising any right,
power, privilege, or authority as receiver in connection with
any sale or disposition of assets of any System institution
for which the Corporation is acting as receiver, the
Corporation shall, to the maximum extent practicable, conduct
its operations in a manner which--
``(i) maximizes the net present value return from the sale
or disposition of such assets;
``(ii) minimizes the amount of any loss realized in the
resolution of cases;
``(iii) ensures adequate competition and fair and
consistent treatment of offerors;
``(iv) prohibits discrimination on the basis of race, sex,
or ethnic groups in the solicitation and consideration of
offers; and
``(v) mitigates the potential for serious adverse effects
to the rest of the System.
``(14) Statute of limitations for actions brought by
conservator or receiver.--
``(A) In general.--Notwithstanding any provision of any
contract, the applicable statute of limitations with regard
to any action brought by the Corporation as conservator or
receiver shall be--
``(i) in the case of any contract claim, the longer of--
``(I) the 6-year period beginning on the date the claim
accrues; or
``(II) the period applicable under State law; and
``(ii) in the case of any tort claim, the longer of--
``(I) the 3-year period beginning on the date the claim
accrues; or
``(II) the period applicable under State law.
``(B) Determination of the date on which a claim accrues.--
For purposes of subparagraph (A), the date on which the
statute of limitations begins to run on any claim described
in such subparagraph shall be the later of--
``(i) the date of the appointment of the Corporation as
conservator or receiver; or
``(ii) the date on which the cause of action accrues.
``(C) Revival of expired state causes of action.--
``(i) In general.--In the case of any tort claim described
in clause (ii) for which the statute of limitation applicable
under State law with respect to such claim has expired not
more than 5 years before the appointment of the Corporation
as conservator or receiver, the Corporation may bring an
action as conservator or receiver on such claim without
regard to the expiration of the statute of limitation
applicable under State law.
``(ii) Claims described.--A tort claim referred to in
clause (i) is a claim arising from fraud, intentional
misconduct resulting in unjust enrichment, or intentional
misconduct resulting in substantial loss to the System
institution.
``(15) Accounting and recordkeeping requirements.--
``(A) In general.--The Corporation as conservator or
receiver shall, consistent with the accounting and reporting
practices and procedures established by the Corporation,
maintain a full accounting of each conservatorship and
receivership or other disposition of System institutions in
default.
``(B) Annual accounting or report.--With respect to each
conservatorship or receivership to which the Corporation was
appointed, the Corporation shall make an annual accounting or
report, as appropriate, available to the Farm Credit
Administration Board.
``(C) Availability of reports.--Any report prepared
pursuant to subparagraph (B) shall be made available by the
Corporation upon request to any stockholder of the System
institution for which the Corporation was appointed
conservator or receiver or any other member of the public.
``(D) Recordkeeping requirement.--
``(i) In general.--Except as provided in clause (ii), after
the end of the 6-year period beginning on the date the
Corporation is appointed as receiver of a System institution,
the Corporation may destroy any records of such System
institution which the Corporation, in the Corporation's
discretion, determines to be unnecessary unless directed not
to do so by a court of competent jurisdiction or governmental
agency, or prohibited by law.
``(ii) Old records.--Notwithstanding clause (i), the
Corporation may destroy records of a System institution which
are at least 10 years old as of the date on which the
Corporation is appointed as the receiver of such System
institution in accordance with clause (i) at any time after
such appointment is final, without regard to the 6-year
period of limitation contained in clause (i).
``(16) Fraudulent transfers.--
``(A) In general.--The Corporation, as conservator or
receiver for any System institution, may avoid a transfer of
any interest of a System institution-affiliated party, or any
person who the Corporation determines is a debtor of the
System institution, in property, or any obligation incurred
by such party or person, that was made within 5 years of the
date on which the Corporation was appointed conservator or
receiver if such party or person voluntarily or involuntarily
made such transfer or incurred such liability with the intent
to hinder, delay, or defraud the System institution, the Farm
Credit Administration, or the Corporation.
``(B) Right of recovery.--To the extent a transfer is
avoided under subparagraph (A), the Corporation may recover,
for the benefit of the System institution, the property
transferred, or, if a court so orders, the value of such
property (at the time of such transfer) from--
``(i) the initial transferee of such transfer or the System
institution-affiliated party or person for whose benefit such
transfer was made; or
``(ii) any immediate or mediate transferee of any such
initial transferee.
``(C) Rights of transferee or obligee.--The Corporation may
not recover under subparagraph (B) from--
``(i) any transferee that takes for value, including
satisfaction or securing of a present or antecedent debt, in
good faith; or
``(ii) any immediate or mediate good faith transferee of
such transferee.
``(D) Rights under this paragraph.--The rights under this
paragraph of the Corporation shall be superior to any rights
of a trustee or any other party (other than any party which
is a Federal agency) under title 11, United States Code.
``(17) Attachment of assets and other injunctive relief.--
Subject to paragraph (18), any court of competent
jurisdiction may, at the request of the Corporation (in the
Corporation's capacity as conservator or receiver for any
System institution or in the Corporation's corporate capacity
with respect to any asset acquired or liability assumed by
the Corporation under section 5.61), issue an order in
accordance with Rule 65 of the Federal Rules of Civil
Procedure, including an order placing the assets of any
person designated by the Corporation under the control of the
court and appointing a trustee to hold such assets.
``(18) Standards.--
``(A) Showing.--Rule 65 of the Federal Rules of Civil
Procedure shall apply with respect to any proceeding under
paragraph (17) without regard to the requirement of such rule
that the applicant show that the injury, loss, or damage is
irreparable and immediate.
``(B) State proceeding.--If, in the case of any proceeding
in a State court, the court determines that rules of civil
procedure available under the laws of such State provide
substantially similar protections to such party's right to
due process as Rule 65 (as modified with respect to such
proceeding by subparagraph (A)), the relief sought by the
Corporation pursuant to paragraph (17) may be requested under
the laws of such State.
``(19) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final and
unappealable judgment for monetary damages entered against a
receiver or conservator for a System institution for the
breach of an agreement executed or approved by such receiver
or conservator after the date of its appointment shall be
paid as an administrative expense of
[[Page H9876]]
the receiver or conservator. Nothing in this paragraph shall
be construed to limit the power of a receiver or conservator
to exercise any rights under contract or law, including
terminating, breaching, canceling, or otherwise discontinuing
such agreement.
``(c) Provisions Relating to Contracts Entered Into Before
Appointment of Conservator or Receiver.--
``(1) Authority to repudiate contracts.--In addition to any
other rights a conservator or receiver may have, the
conservator or receiver for a System institution may
disaffirm or repudiate any contract or lease--
``(A) to which such System institution is a party;
``(B) the performance of which the conservator or receiver,
in the conservator's or receiver's discretion, determines to
be burdensome; and
``(C) the disaffirmance or repudiation of which the
conservator or receiver determines, in the conservator's or
receiver's discretion, will promote the orderly
administration of the System institution's affairs.
``(2) Timing of repudiation.--The Corporation as
conservator or receiver for any System institution shall
determine whether or not to exercise the rights of
repudiation under this subsection within a reasonable period
following such appointment.
``(3) Claims for damages for repudiation.--
``(A) In general.--Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the
disaffirmance or repudiation of any contract pursuant to
paragraph (1) shall be--
``(i) limited to actual direct compensatory damages; and
``(ii) determined as of--
``(I) the date of the appointment of the conservator or
receiver; or
``(II) in the case of any contract or agreement referred to
in paragraph (8), the date of the disaffirmance or
repudiation of such contract or agreement.
``(B) No liability for other damages.--For purposes of
subparagraph (A), the term `actual direct compensatory
damages' does not include--
``(i) punitive or exemplary damages;
``(ii) damages for lost profits or opportunity; or
``(iii) damages for pain and suffering.
``(C) Measure of damages for repudiation of financial
contracts.--In the case of any qualified financial contract
or agreement to which paragraph (8) applies, compensatory
damages shall be--
``(i) deemed to include normal and reasonable costs of
cover or other reasonable measures of damages utilized in the
industries for such contract and agreement claims; and
``(ii) paid in accordance with this subsection and
subsection (j), except as otherwise specifically provided in
this section.
``(4) Leases under which the system institution is the
lessee.--
``(A) In general.--If the conservator or receiver
disaffirms or repudiates a lease under which the System
institution was the lessee, the conservator or receiver shall
not be liable for any damages (other than damages determined
pursuant to subparagraph (B)) for the disaffirmance or
repudiation of such lease.
``(B) Payments of rent.--Notwithstanding subparagraph (A),
the lessor under a lease to which such subparagraph applies
shall--
``(i) be entitled to the contractual rent accruing before
the later of the date--
``(I) the notice of disaffirmance or repudiation is mailed;
or
``(II) the disaffirmance or repudiation becomes effective,
unless the lessor is in default or breach of the terms of the
lease; and
``(ii) have no claim for damages under any acceleration
clause or other penalty provision in the lease; and
``(iii) have a claim for any unpaid rent, subject to all
appropriate offsets and defenses, due as of the date of the
appointment, which shall be paid in accordance with this
subsection and subsection (j).
``(5) Leases under which the system institution is the
lessor.--
``(A) In general.--If the conservator or receiver
repudiates an unexpired written lease of real property of the
System institution under which the System institution is the
lessor and the lessee is not, as of the date of such
repudiation, in default, the lessee under such lease may
either--
``(i) treat the lease as terminated by such repudiation; or
``(ii) remain in possession of the leasehold interest for
the balance of the term of the lease, unless the lessee
defaults under the terms of the lease after the date of such
repudiation.
``(B) Provisions applicable to lessee remaining in
possession.--If any lessee under a lease described in
subparagraph (A) remains in possession of a leasehold
interest pursuant to clause (ii) of such subparagraph--
``(i) the lessee--
``(I) shall continue to pay the contractual rent pursuant
to the terms of the lease after the date of the repudiation
of such lease; and
``(II) may offset against any rent payment which accrues
after the date of the repudiation of the lease, any damages
which accrue after such date due to the nonperformance of any
obligation of the System institution under the lease after
such date; and
``(ii) the conservator or receiver shall not be liable to
the lessee for any damages arising after such date as a
result of the repudiation, other than the amount of any
offset allowed under clause (i)(II).
``(6) Contracts for the sale of real property.--
``(A) In general.--If the conservator or receiver
repudiates any contract that meets the requirements of
paragraphs (1) through (4) of section 5.61(d) for the sale of
real property, and the purchaser of such real property under
such contract is in possession and is not, as of the date of
such repudiation, in default, such purchaser may either--
``(i) treat the contract as terminated by such repudiation;
or
``(ii) remain in possession of such real property.
``(B) Provisions applicable to purchaser remaining in
possession.--If any purchaser of real property under any
contract described in subparagraph (A) remains in possession
of such property pursuant to clause (ii) of such
subparagraph--
``(i) the purchaser--
``(I) shall continue to make all payments due under the
contract after the date of the repudiation of the contract;
and
``(II) may offset against any such payments any damages
which accrue after such date due to the nonperformance (after
such date) of any obligation of the System institution under
the contract; and
``(ii) the conservator or receiver shall--
``(I) not be liable to the purchaser for any damages
arising after that date as a result of the repudiation, other
than the amount of any offset allowed under clause (i)(II);
``(II) deliver title to the purchaser in accordance with
the contract; and
``(III) have no obligation under the contract, other than
the performance required under subclause (II).
``(C) Assignment and sale allowed.--
``(i) In general.--No provision of this paragraph shall be
construed as limiting the right of the conservator or
receiver to assign the contract described in subparagraph (A)
and sell the property subject to the contract and this
paragraph.
``(ii) No liability after assignment and sale.--If an
assignment and sale described in clause (i) is consummated,
the Corporation, acting as conservator or receiver, shall
have no further liability under the applicable contract
described in subparagraph (A) or with respect to the real
property which was the subject of such contract.
``(7) Provisions applicable to service contracts.--
``(A) Services performed before appointment.--In the case
of any contract for services between any person and any
System institution for which the Corporation has been
appointed conservator or receiver, any claim of such person
for services performed before the appointment of the
conservator or the receiver shall be--
``(i) a claim to be paid in accordance with subsections (b)
and (d); and
``(ii) deemed to have arisen as of the date the conservator
or receiver was appointed.
``(B) Services performed after appointment and prior to
repudiation.--If, in the case of any contract for services
described in subparagraph (A), the conservator or receiver
accepts performance by the other person before the
conservator or receiver makes any determination to exercise
the right of repudiation of such contract under this
section--
``(i) the other party shall be paid under the terms of the
contract for the services performed; and
``(ii) the amount of such payment shall be treated as an
administrative expense of the conservatorship or
receivership.
``(C) Acceptance of performance no bar to subsequent
repudiation.--The acceptance by any conservator or receiver
of services referred to in subparagraph (B) in connection
with a contract described in such subparagraph shall not
affect the right of the conservator or receiver, to repudiate
such contract under this section at any time after such
performance.
``(8) Certain qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Commodity contract.--The term `commodity contract'
means--
``(I) with respect to a futures commission merchant, a
contract for the purchase or sale of a commodity for future
delivery on, or subject to the rules of, a contract market or
board of trade;
``(II) with respect to a foreign futures commission
merchant, a foreign future;
``(III) with respect to a leverage transaction merchant, a
leverage transaction;
``(IV) with respect to a clearing organization, a contract
for the purchase or sale of a commodity for future delivery
on, or subject to the rules of, a contract market or board of
trade that is cleared by such clearing organization, or
commodity option traded on, or subject to the rules of, a
contract market or board of trade that is cleared by such
clearing organization;
``(V) with respect to a commodity options dealer, a
commodity option;
``(VI) any other agreement or transaction that is similar
to any agreement or transaction referred to in this clause;
``(VII) any combination of the agreements or transactions
referred to in this clause;
``(VIII) any option to enter into any agreement or
transaction referred to in this clause;
``(IX) a master agreement that provides for an agreement or
transaction referred to in any of subclauses (I) through
(VIII), together with all supplements to any such master
agreement, without regard to whether the master agreement
provides for an agreement or transaction that is not a
commodity contract under this clause, except that the master
agreement shall be considered to be a commodity contract
under this clause only with respect to each agreement or
transaction under the master agreement that is referred to in
subclause (I), (II), (III), (IV), (V), (VI), (VII), or
(VIII); or
``(X) any security agreement or arrangement or other credit
enhancement related to any agreement or transaction referred
to in this
[[Page H9877]]
clause, including any guarantee or reimbursement obligation
in connection with any agreement or transaction referred to
in this clause.
``(ii) Forward contract.--The term `forward contract'
means--
``(I) a contract (other than a commodity contract) for the
purchase, sale, or transfer of a commodity or any similar
good, article, service, right, or interest which is presently
or in the future becomes the subject of dealing in the
forward contract trade, or product or byproduct thereof, with
a maturity date more than 2 days after the date the contract
is entered into, including a repurchase or reverse repurchase
transaction (whether or not such repurchase or reverse
repurchase transaction is a repurchase agreement),
consignment, lease, swap, hedge transaction, deposit, loan,
option, allocated transaction, unallocated transaction, or
any other similar agreement;
``(II) any combination of agreements or transactions
referred to in subclauses (I) and (III);
``(III) any option to enter into any agreement or
transaction referred to in subclause (I) or (II);
``(IV) a master agreement that provides for an agreement or
transaction referred to in subclauses (I) through (III),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a forward contract
under this clause, except that the master agreement shall be
considered to be a forward contract under this clause only
with respect to each agreement or transaction under the
master agreement that is referred to in subclause (I), (II),
or (III); or
``(V) any security agreement or arrangement or other credit
enhancement related to any agreement or transaction referred
to in subclause (I), (II), (III), or (IV), including any
guarantee or reimbursement obligation in connection with any
agreement or transaction referred to in any such subclause.
``(iii) Person.--The term `person'--
``(I) has the meaning given the term in section 1 of title
1, United States Code; and
``(II) includes any governmental entity.
``(iv) Qualified financial contract.--The term `qualified
financial contract' means any securities contract, commodity
contract, forward contract, repurchase agreement, swap
agreement, and any similar agreement that the Corporation
determines by regulation, resolution, or order to be a
qualified financial contract for purposes of this paragraph.
``(v) Repurchase agreement.--
``(I) In general.--The term `repurchase agreement'
(including with respect to a reverse repurchase agreement)--
``(aa) means--
``(AA) an agreement, including related terms, which
provides for the transfer of one or more certificates of
deposit, mortgage-related securities (as such term is defined
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))), mortgage loans, interests in mortgage-
related securities or mortgage loans, eligible bankers'
acceptances, qualified foreign government securities or
securities that are direct obligations of, or that are fully
guaranteed by, the United States or any agency of the United
States against the transfer of funds by the transferee of
such certificates of deposit, eligible bankers' acceptances,
securities, mortgage loans, or interests with a simultaneous
agreement by such transferee to transfer to the transferor
thereof certificates of deposit, eligible bankers'
acceptances, securities, mortgage loans, or interests as
described above, at a date certain not later than 1 year
after such transfers or on demand, against the transfer of
funds, or any other similar agreement;
``(BB) any combination of agreements or transactions
referred to in subitems (AA) and (CC);
``(CC) any option to enter into any agreement or
transaction referred to in subitem (AA) or (BB);
``(DD) a master agreement that provides for an agreement or
transaction referred to in subitem (AA), (BB), or (CC),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a repurchase
agreement under this item, except that the master agreement
shall be considered to be a repurchase agreement under this
item only with respect to each agreement or transaction under
the master agreement that is referred to in subitem (AA),
(BB), or (CC); and
``(EE) any security agreement or arrangement or other
credit enhancement related to any agreement or transaction
referred to in any of subitems (AA) through (DD), including
any guarantee or reimbursement obligation in connection with
any agreement or transaction referred to in any such subitem;
and
``(bb) does not include any repurchase obligation under a
participation in a commercial mortgage, loan unless the
Corporation determines by regulation, resolution, or order to
include any such participation within the meaning of such
term.
``(II) Related definition.--For purposes of subclause
(I)(aa), the term `qualified foreign government security'
means a security that is a direct obligation of, or that is
fully guaranteed by, the central government of a member of
the Organization for Economic Cooperation and Development (as
determined by regulation or order adopted by the appropriate
Federal banking authority).
``(vi) Securities contract.--The term `securities
contract'--
``(I) means--
``(aa) a contract for the purchase, sale, or loan of a
security, a certificate of deposit, a mortgage loan, any
interest in a mortgage loan, a group or index of securities,
certificates of deposit, or mortgage loans or interests
therein (including any interest therein or based on the value
thereof) or any option on any of the foregoing, including any
option to purchase or sell any such security, certificate of
deposit, mortgage loan, interest, group or index, or option,
and including any repurchase or reverse repurchase
transaction on any such security, certificate of deposit,
mortgage loan, interest, group or index, or option (whether
or not the repurchase or reverse repurchase transaction is a
repurchase agreement);
``(bb) any option entered into on a national securities
exchange relating to foreign currencies;
``(cc) the guarantee (including by novation) by or to any
securities clearing agency of any settlement of cash,
securities, certificates of deposit, mortgage loans or
interests therein, group or index of securities, certificates
of deposit, or mortgage loans or interests therein (including
any interest therein or based on the value thereof) or option
on any of the foregoing, including any option to purchase or
sell any such security, certificate of deposit, mortgage
loan, interest, group or index, or option (whether or not the
settlement is in connection with any agreement or transaction
referred to in any of items (aa), (bb), and (dd) through
(kk));
``(dd) any margin loan;
``(ee) any extension of credit for the clearance or
settlement of securities transactions;
``(ff) any loan transaction coupled with a securities
collar transaction, any prepaid securities forward
transaction, or any total return swap transaction coupled
with a securities sale transaction;
``(gg) any other agreement or transaction that is similar
to any agreement or transaction referred to in this
subclause;
``(hh) any combination of the agreements or transactions
referred to in this subclause;
``(ii) any option to enter into any agreement or
transaction referred to in this subclause;
``(jj) a master agreement that provides for an agreement or
transaction referred to in any of items (aa) through (ii),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a securities contract
under this subclause, except that the master agreement shall
be considered to be a securities contract under this
subclause only with respect to each agreement or transaction
under the master agreement that is referred to in item (aa),
(bb), (cc), (dd), (ee), (ff), (gg), (hh), or (ii); and
``(kk) any security agreement or arrangement or other
credit enhancement related to any agreement or transaction
referred to in this subclause, including any guarantee or
reimbursement obligation in connection with any agreement or
transaction referred to in this subclause; and
``(II) does not include any purchase, sale, or repurchase
obligation under a participation in a commercial mortgage
loan unless the Corporation determines by regulation,
resolution, or order to include any such agreement within the
meaning of such term.
``(vii) Swap agreement.--The term `swap agreement' means--
``(I) any agreement, including the terms and conditions
incorporated by reference in any such agreement, that is--
``(aa) an interest rate swap, option, future, or forward
agreement, including a rate floor, rate cap, rate collar,
cross-currency rate swap, and basis swap;
``(bb) a spot, same day-tomorrow, tomorrow-next, forward,
or other foreign exchange precious metals or other commodity
agreement;
``(cc) a currency swap, option, future, or forward
agreement;
``(dd) an equity index or equity swap, option, future, or
forward agreement;
``(ee) a debt index or debt swap, option, future, or
forward agreement;
``(ff) a total return, credit spread or credit swap,
option, future, or forward agreement;
``(gg) a commodity index or commodity swap, option, future,
or forward agreement;
``(hh) a weather swap, option, future, or forward
agreement;
``(ii) an emissions swap, option, future, or forward
agreement; or
``(jj) an inflation swap, option, future, or forward
agreement;
``(II) any agreement or transaction that is similar to any
other agreement or transaction referred to in this clause and
that is of a type that has been, is presently, or in the
future becomes, the subject of recurrent dealings in the swap
or other derivatives markets (including terms and conditions
incorporated by reference in such agreement) and that is a
forward, swap, future, option or spot transaction on one or
more rates, currencies, commodities, equity securities or
other equity instruments, debt securities or other debt
instruments, quantitative measures associated with an
occurrence, extent of an occurrence, or contingency
associated with a financial, commercial, or economic
consequence, or economic or financial indices or measures of
economic or financial risk or value;
``(III) any combination of agreements or transactions
referred to in this clause;
``(IV) any option to enter into any agreement or
transaction referred to in this clause;
``(V) a master agreement that provides for an agreement or
transaction referred to in any of subclauses (I) through
(IV), together with all supplements to any such master
agreement, without regard to whether the master agreement
contains an agreement or transaction that is not a swap
agreement under this clause, except that the master agreement
shall be considered to be a swap agreement under this clause
only with respect to each agreement or transaction under the
master agreement that is referred to in subclause (I), (II),
(III), or (IV); and
``(VI) any security agreement or arrangement or other
credit enhancement related to any agreements or transactions
referred to in any of subclauses (I) through (V), including
any guarantee or reimbursement obligation in connection
[[Page H9878]]
with any agreement or transaction referred to in any such
subclause.
``(viii) Transfer.--The term `transfer' means every mode,
direct or indirect, absolute or conditional, voluntary or
involuntary, of disposing of or parting with property or with
an interest in property, including retention of title as a
security interest and foreclosure of the equity of redemption
of a System institution.
``(ix) Treatment of master agreement as 1 agreement.--For
purposes of this subparagraph--
``(I) any master agreement for any contract or agreement
described in this subparagraph (or any master agreement for
such a master agreement or agreements), together with all
supplements to the master agreement, shall be treated as a
single agreement and a single qualified financial contact;
and
``(II) if a master agreement contains provisions relating
to agreements or transactions that are not qualified
financial contracts, the master agreement shall be deemed to
be a qualified financial contract only with respect to those
transactions that are themselves qualified financial
contracts.
``(B) Rights of parties to contracts.--Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and
section 5.61(d)) or any other Federal or State law, no person
shall be stayed or prohibited from exercising--
``(i) any right such person has to cause the termination,
liquidation, or acceleration of any qualified financial
contract with a System institution which arises upon the
appointment of the Corporation as receiver for such System
institution at any time after such appointment;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
or
``(iii) any right to offset or net out any termination
value, payment amount, or other transfer obligation arising
under, or in connection with, 1 or more contracts and
agreements described in clause (i), including any master
agreement for such contracts or agreements.
``(C) Applicability of other provisions.--Subsection
(b)(12) shall apply in the case of any judicial action or
proceeding brought against any receiver referred to in
subparagraph (A), or the System institution for which such
receiver was appointed, by any party to a contract or
agreement described in subparagraph (B)(i) with such System
institution.
``(D) Certain transfers not avoidable.--
``(i) In general.--Notwithstanding paragraph (11) or any
other Federal or State law relating to the avoidance of
preferential or fraudulent transfers, the Corporation,
whether acting as such or as conservator or receiver of a
System institution, may not avoid any transfer of money or
other property in connection with any qualified financial
contract with a System institution.
``(ii) Exception for certain transfers.--Clause (i) shall
not apply to any transfer of money or other property in
connection with any qualified financial contract with a
System institution if the Corporation determines that the
transferee had actual intent to hinder, delay, or defraud
such System institution, the creditors of such System
institution, or any conservator or receiver appointed for
such System institution.
``(E) Certain protections in event of appointment of
conservator.--Notwithstanding any other provision of this Act
(other than subparagraph (G), paragraph (10), subsection
(b)(9), and section 5.61(d)) or any other Federal or State
law, no person shall be stayed or prohibited from
exercising--
``(i) any right such person has to cause the termination,
liquidation, or acceleration of any qualified financial
contract with a System institution in a conservatorship based
upon a default under such financial contract which is
enforceable under applicable noninsolvency law;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
and
``(iii) any right to offset or net out any termination
values, payment amounts, or other transfer obligations
arising under or in connection with such qualified financial
contracts.
``(F) Clarification.--No provision of law shall be
construed as limiting the right or power of the Corporation,
or authorizing any court or agency to limit or delay, in any
manner, the right or power of the Corporation to transfer any
qualified financial contract in accordance with paragraphs
(9) and (10) or to disaffirm or repudiate any such contract
in accordance with paragraph (1).
``(G) Walkaway clauses not effective.--
``(i) Definition of walkaway clause.--In this subparagraph,
the term `walkaway clause' means any provision in a qualified
financial contract that suspends, conditions, or extinguishes
a payment obligation of a party, in whole or in part, or does
not create a payment obligation of a party that would
otherwise exist--
``(I) solely because of--
``(aa) the status of the party as a nondefaulting party in
connection with the insolvency of a System institution that
is a party to the contract; or
``(bb) the appointment of, or the exercise of rights or
powers by, the Corporation as a conservator or receiver of
the System institution; and
``(II) not as a result of the exercise by a party of any
right to offset, setoff, or net obligations that exist
under--
``(aa) the contract;
``(bb) any other contract between those parties; or
``(cc) applicable law.
``(ii) Treatment.--Notwithstanding the provisions of
subparagraphs (B) and (E), no walkaway clause shall be
enforceable in a qualified financial contract of a System
institution in default.
``(iii) Limited suspension of certain obligations.--In the
case of a qualified financial contract referred to in clause
(ii), any payment or delivery obligations otherwise due from
a party pursuant to the qualified financial contract shall be
suspended from the time the receiver is appointed until the
earlier of--
``(I) the time such party receives notice that such
contract has been transferred pursuant to subparagraph (B);
or
``(II) 5:00 p.m. (eastern time) on the business day
following the date of the appointment of the receiver.
``(H) Recordkeeping requirements.--The Corporation, in
consultation with the Farm Credit Administration, may
prescribe regulations requiring more detailed recordkeeping
by any System institution with respect to qualified financial
contracts (including market valuations), only if such System
institution is subject to subclause (I), (III), or (IV) of
section 5.61B(a)(1)(A)(ii).
``(9) Transfer of qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Clearing organization.--The term `clearing
organization' has the meaning given the term in section 402
of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (12 U.S.C. 4402).
``(ii) Financial institution.--The term `financial
institution' means a System institution, a broker or dealer,
a depository institution, a futures commission merchant, or
any other institution, as determined by the Corporation by
regulation to be a financial institution.
``(B) Requirement.--In making any transfer of assets or
liabilities of a System institution in default which includes
any qualified financial contract, the conservator or receiver
for such System institution shall either--
``(i) transfer to one financial institution, other than a
financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed, or that is otherwise the subject of a bankruptcy
or insolvency proceeding--
``(I) all qualified financial contracts between any person
or any affiliate of such person and the System institution in
default;
``(II) all claims of such person or any affiliate of such
person against such System institution under any such
contract (other than any claim which, under the terms of any
such contract, is subordinated to the claims of general
unsecured creditors of such System institution);
``(III) all claims of such System institution against such
person or any affiliate of such person under any such
contract; and
``(IV) all property securing or any other credit
enhancement for any contract described in subclause (I) or
any claim described in subclause (II) or (III) under any such
contract; or
``(ii) transfer none of the qualified financial contracts,
claims, property or other credit enhancement referred to in
clause (i) (with respect to such person and any affiliate of
such person).
``(C) Transfer to foreign bank, foreign financial
institution, or branch or agency of a foreign bank or
financial institution.--In transferring any qualified
financial contracts and related claims and property under
subparagraph (B)(i), the conservator or receiver for the
System institution shall not make such transfer to a foreign
bank, financial institution organized under the laws of a
foreign country, or a branch or agency of a foreign bank or
financial institution unless, under the law applicable to
such bank, financial institution, branch or agency, to the
qualified financial contracts, and to any netting contract,
any security agreement or arrangement or other credit
enhancement related to one or more qualified financial
contracts, the contractual rights of the parties to such
qualified financial contracts, netting contracts, security
agreements or arrangements, or other credit enhancements are
enforceable substantially to the same extent as permitted
under this section.
``(D) Transfer of contracts subject to the rules of a
clearing organization.--In the event that a conservator or
receiver transfers any qualified financial contract and
related claims, property, and credit enhancements pursuant to
subparagraph (B)(i) and such contract is cleared by or
subject to the rules of a clearing organization, the clearing
organization shall not be required to accept the transferee
as a member by virtue of the transfer.
``(10) Notification of transfer.--
``(A) Definition of business day.--In this paragraph, the
term `business day' means any day other than any Saturday,
Sunday, or any day on which either the New York Stock
Exchange or the Federal Reserve Bank of New York is closed.
``(B) Notification.--If--
``(i) the conservator or receiver for a System institution
in default makes any transfer of the assets and liabilities
of such System institution; and
``(ii) the transfer includes any qualified financial
contract, the conservator or receiver shall notify any person
who is a party to any such contract of such transfer by 5:00
p.m. (eastern time) on the business day following the date of
the appointment of the receiver in the case of a
receivership, or the business day following such transfer in
the case of a conservatorship.
``(C) Certain rights not enforceable.--
``(i) Receivership.--A person who is a party to a qualified
financial contract with a System institution may not exercise
any right that such person has to terminate, liquidate, or
net such contract under paragraph (8)(B) of this subsection,
solely by reason of or incidental to the appointment of a
receiver for the System institution (or the insolvency or
financial condition of
[[Page H9879]]
the System institution for which the receiver has been
appointed)--
``(I) until 5:00 p.m. (eastern time) on the business day
following the date of the appointment of the receiver; or
``(II) after the person has received notice that the
contract has been transferred pursuant to paragraph (9)(B).
``(ii) Conservatorship.--A person who is a party to a
qualified financial contract with a System institution may
not exercise any right that such person has to terminate,
liquidate, or net such contract under paragraph (8)(E) of
this subsection, solely by reason of or incidental to the
appointment of a conservator for the System institution (or
the insolvency or financial condition of the System
institution for which the conservator has been appointed).
``(iii) Notice.--For purposes of this paragraph, the
Corporation as receiver or conservator of a System
institution shall be deemed to have notified a person who is
a party to a qualified financial contract with such System
institution if the Corporation has taken steps reasonably
calculated to provide notice to such person by the time
specified in subparagraph (B).
``(D) Treatment of bridge system institutions.--The
following System institutions shall not be considered to be a
financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed or which is otherwise the subject of a bankruptcy
or insolvency proceeding for purposes of paragraph (9):
``(i) A bridge System bank.
``(ii) A System institution organized by the Corporation or
the Farm Credit Administration, for which a conservator is
appointed either--
``(I) immediately upon the organization of the System
institution; or
``(II) at the time of a purchase and assumption transaction
between the System institution and the Corporation as
receiver for a System institution in default.
``(11) Disaffirmance or repudiation of qualified financial
contracts.--In exercising the rights of disaffirmance or
repudiation of a conservator or receiver with respect to any
qualified financial contract to which a System institution is
a party, the conservator or receiver for such System
institution shall either--
``(A) disaffirm or repudiate all qualified financial
contracts between--
``(i) any person or any affiliate of such person; and
``(ii) the System institution in default; or
``(B) disaffirm or repudiate none of the qualified
financial contracts referred to in subparagraph (A) (with
respect to such person or any affiliate of such person).
``(12) Certain security interests not avoidable.--No
provision of this subsection shall be construed as permitting
the avoidance of any legally enforceable or perfected
security interest in any of the assets of any System
institution except where such an interest is taken in
contemplation of the System institution's insolvency or with
the intent to hinder, delay, or defraud the System
institution or the creditors of such System institution.
``(13) Authority to enforce contracts.--
``(A) In general.--The conservator or receiver may enforce
any contract, other than a director's or officer's liability
insurance contract or a System institution bond, entered into
by the System institution notwithstanding any provision of
the contract providing for termination, default,
acceleration, or exercise of rights upon, or solely by reason
of, insolvency or the appointment of or the exercise of
rights or powers by a conservator or receiver.
``(B) Certain rights not affected.--No provision of this
paragraph may be construed as impairing or affecting any
right of the conservator or receiver to enforce or recover
under a director's or officer's liability insurance contract
or institution bond under other applicable law.
``(C) Consent requirement.--
``(i) In general.--Except as otherwise provided by this
section, no person may exercise any right or power to
terminate, accelerate, or declare a default under any
contract to which the System institution is a party, or to
obtain possession of or exercise control over any property of
the System institution or affect any contractual rights of
the System institution, without the consent of the
conservator or receiver, as appropriate, during the 45-day
period beginning on the date of the appointment of the
conservator, or during the 90-day period beginning on the
date of the appointment of the receiver, as applicable.
``(ii) Certain exceptions.--No provision of this
subparagraph shall apply to a director or officer liability
insurance contract or an institution bond, to the rights of
parties to certain qualified financial contracts pursuant to
paragraph (8), or shall be construed as permitting the
conservator or receiver to fail to comply with otherwise
enforceable provisions of such contract.
``(14) Exception for federal reserve and the united states
treasury.--No provision of this subsection shall apply with
respect to--
``(A) any extension of credit from any Federal Reserve bank
or the United States Treasury to any System institution; or
``(B) any security interest in the assets of the System
institution securing any such extension of credit.
``(15) Savings clause.--The meanings of terms used in this
subsection--
``(A) are applicable for purposes of this subsection only;
and
``(B) shall not be construed or applied so as to challenge
or affect the characterization, definition, or treatment of
any similar terms under any other law, regulation, or rule,
including--
``(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 note;
Public Law 106-102);
``(ii) the Legal Certainty for Bank Products Act of 2000 (7
U.S.C. 27 et seq.);
``(iii) the securities laws (as that term is defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))); and
``(iv) the Commodity Exchange Act (7 U.S.C. 1 et seq.).
``(d) Valuation of Claims in Default.--
``(1) In general.--Notwithstanding any other provision of
Federal law or the law of any State and regardless of the
method which the Corporation determines to utilize with
respect to a System institution in default or in danger of
default, including transactions authorized under subsection
(h) and section 5.61(a), this subsection shall govern the
rights of the creditors of such System institution.
``(2) Maximum liability.--The maximum liability of the
Corporation, acting as receiver or in any other capacity, to
any person having a claim against the receiver or the System
institution for which such receiver is appointed shall equal
the amount such claimant would have received if the
Corporation had liquidated the assets and liabilities of such
System institution without exercising the Corporation's
authority under subsection (h) or section 5.61(a).
``(3) Additional payments authorized.--
``(A) In general.--The Corporation may, in its discretion
and in the interests of minimizing its losses, use its own
resources to make additional payments or credit additional
amounts to or with respect to or for the account of any
claimant or category of claimants. Notwithstanding any other
provision of Federal or State law, or the constitution of any
State, the Corporation shall not be obligated, as a result of
having made any such payment or credited any such amount to
or with respect to or for the account of any claimant or
category of claimants, to make payments to any other claimant
or category of claimants.
``(B) Manner of payment.--The Corporation may make the
payments or credit the amounts specified in subparagraph (A)
directly to the claimants or may make such payments or credit
such amounts to an open System institution to induce such
System institution to accept liability for such claims.
``(e) Limitation on Court Action.--Except as provided in
this section, no court may take any action, except at the
written request of the Board of Directors, to restrain or
affect the exercise of powers or functions of the Corporation
as a conservator or a receiver.
``(f) Liability of Directors and Officers.--
``(1) In general.--A director or officer of a System
institution may be held personally liable for monetary
damages in any civil action--
``(A) brought by, on behalf of, or at the request or
direction of the Corporation;
``(B) prosecuted wholly or partially for the benefit of the
Corporation--
``(i) acting as conservator or receiver of that System
institution;
``(ii) acting based on a suit, claim, or cause of action
purchased from, assigned by, or otherwise conveyed by that
receiver or conservator; or
``(iii) acting based on a suit, claim, or cause of action
purchased from, assigned by, or otherwise conveyed in whole
or in part by a System institution or an affiliate of a
System institution in connection with assistance provided
under section 5.61(a); and
``(C) for, as determined under the applicable State law--
``(i) gross negligence; or
``(ii) any similar conduct, including conduct that
demonstrates a greater disregard of a duty of care than gross
negligence, such as intentional tortious conduct.
``(2) Effect.--Nothing in paragraph (1) impairs or affects
any right of the Corporation under any other applicable law.
``(g) Damages.--In any proceeding related to any claim
against a System institution's director, officer, employee,
agent, attorney, accountant, appraiser, or any other party
employed by or providing services to a System institution,
recoverable damages determined to result from the improvident
or otherwise improper use or investment of any System
institution's assets shall include principal losses and
appropriate interest.
``(h) Bridge Farm Credit System Banks.--
``(1) Organization.--
``(A) Purpose.--
``(i) In general.--When 1 or more System banks are in
default, or when the Corporation anticipates that 1 or more
System banks may become in default, the Corporation may, in
its discretion, organize, and the Farm Credit Administration
may, in its discretion, charter, 1 or more System banks, with
the powers and attributes of System banks, subject to the
provisions of this subsection, to be referred to as `bridge
System banks'.
``(ii) Intent of congress.--It is the intent of the
Congress that, in order to prevent unnecessary hardship or
losses to the customers of any System bank in default with
respect to which a bridge System bank is chartered, the
Corporation should--
``(I) continue to honor commitments made by the System bank
in default to creditworthy customers; and
``(II) not interrupt or terminate adequately secured loans
which are transferred under this subsection and are being
repaid by the debtor in accordance with the terms of the loan
instrument.
``(B) Authorities.--Once chartered by the Farm Credit
Administration, the bridge System bank may--
``(i) assume such liabilities of the System bank or banks
in default or in danger of default as the Corporation may, in
its discretion, determine to be appropriate;
``(ii) purchase such assets of the System bank or banks in
default or in danger of default as the Corporation may, in
its discretion, determine to be appropriate; and
``(iii) perform any other temporary function which the
Corporation may, in its discretion, prescribe in accordance
with this Act.
[[Page H9880]]
``(C) Articles of association.--The articles of association
and organization certificate of a bridge System bank as
approved by the Corporation shall be executed by 3
representatives designated by the Corporation.
``(D) Interim directors.--A bridge System bank shall have
an interim board of directors consisting of not fewer than 5
nor more than 10 members appointed by the Corporation.
``(2) Chartering.--
``(A) Conditions.--The Farm Credit Administration may
charter a bridge System bank only if the Board of Directors
determines that--
``(i) the amount which is reasonably necessary to operate
such bridge System bank will not exceed the amount which is
reasonably necessary to save the cost of liquidating 1 or
more System banks in default or in danger of default with
respect to which the bridge System bank is chartered;
``(ii) the continued operation of such System bank or banks
in default or in danger of default with respect to which the
bridge System bank is chartered is essential to provide
adequate farm credit services in the 1 or more communities
where each such System bank in default or in danger of
default is or was providing those farm credit services; or
``(iii) the continued operation of such System bank or
banks in default or in danger of default with respect to
which the bridge System bank is chartered is in the best
interest of the Farm Credit System or the public.
``(B) Bridge system bank treated as being in default for
certain purposes.--A bridge System bank shall be treated as
being in default at such times and for such purposes as the
Corporation may, in its discretion, determine.
``(C) Management.--A bridge System bank, upon the granting
of its charter, shall be under the management of a board of
directors consisting of not fewer than 5 nor more than 10
members appointed by the Corporation, in consultation with
the Farm Credit Administration.
``(D) Bylaws.--The board of directors of a bridge System
bank shall adopt such bylaws as may be approved by the
Corporation.
``(3) Transfer of assets and liabilities.--
``(A) Transfer upon grant of charter.--Upon the granting of
a charter to a bridge System bank pursuant to this
subsection, the Corporation, as receiver, may transfer any
assets and liabilities of the System bank to the bridge
System bank in accordance with paragraph (1).
``(B) Subsequent transfers.--At any time after a charter is
granted to a bridge System bank, the Corporation, as
receiver, may transfer any assets and liabilities of such
System bank in default as the Corporation may, in its
discretion, determine to be appropriate in accordance with
paragraph (1).
``(C) Effective without approval.--The transfer of any
assets or liabilities of a System bank in default or danger
of default transferred to a bridge System bank shall be
effective without any further approval under Federal or State
law, assignment, or consent with respect thereto.
``(4) Powers of bridge system banks.--Each bridge System
bank chartered under this subsection shall, to the extent
described in the charter of the System bank in default with
respect to which the bridge System bank is chartered, have
all corporate powers of, and be subject to the same
provisions of law as, any System bank, except that--
``(A) the Corporation may--
``(i) remove the interim directors and directors of a
bridge System bank;
``(ii) fix the compensation of members of the interim board
of directors and the board of directors and senior
management, as determined by the Corporation in its
discretion, of a bridge System bank; and
``(iii) waive any requirement established under Federal or
State law which would otherwise be applicable with respect to
directors of a bridge System bank, on the condition that the
waiver of any requirement established by the Farm Credit
Administration shall require the concurrence of the Farm
Credit Administration;
``(B) the Corporation may indemnify the representatives for
purposes of paragraph (1)(B) and the interim directors,
directors, officers, employees, and agents of a bridge System
bank on such terms as the Corporation determines to be
appropriate;
``(C) no requirement under any provision of law relating to
the capital of a System institution shall apply with respect
to a bridge System bank;
``(D) the Farm Credit Administration Board may establish a
limitation on the extent to which any person may become
indebted to a bridge System bank without regard to the amount
of the bridge System bank's capital or surplus;
``(E)(i) the board of directors of a bridge System bank
shall elect a chairperson who may also serve in the position
of chief executive officer, except that such person shall not
serve either as chairperson or as chief executive officer
without the prior approval of the Corporation; and
``(ii) the board of directors of a bridge System bank may
appoint a chief executive officer who is not also the
chairperson, except that such person shall not serve as chief
executive officer without the prior approval of the
Corporation;
``(F) the Farm Credit Administration may waive any
requirement for a fidelity bond with respect to a bridge
System bank at the request of the Corporation;
``(G) any judicial action to which a bridge System bank
becomes a party by virtue of its acquisition of any assets or
assumption of any liabilities of a System bank in default
shall be stayed from further proceedings for a period of up
to 45 days at the request of the bridge System bank;
``(H) no agreement which tends to diminish or defeat the
right, title or interest of a bridge System bank in any asset
of a System bank in default acquired by it shall be valid
against the bridge System bank unless such agreement--
``(i) is in writing;
``(ii) was executed by such System bank in default and the
person or persons claiming an adverse interest thereunder,
including the obligor, contemporaneously with the acquisition
of the asset by such System bank in default;
``(iii) was approved by the board of directors of such
System bank in default or its loan committee, which approval
shall be reflected in the minutes of said board or committee;
and
``(iv) has been, continuously from the time of its
execution, an official record of such System bank in default;
``(I) notwithstanding subsection 5.61(d)(2), any agreement
relating to an extension of credit between a System bank,
Federal Reserve bank, or the United States Treasury and any
System institution which was executed before the extension of
credit by such lender to such System institution shall be
treated as having been executed contemporaneously with such
extension of credit for purposes of subparagraph (H); and
``(J) except with the prior approval of the Corporation and
the concurrence of the Farm Credit Administration, a bridge
System bank may not, in any transaction or series of
transactions, issue capital stock or be a party to any
merger, consolidation, disposition of substantially all of
the assets or liabilities of the bridge System bank, sale or
exchange of capital stock, or similar transaction, or change
its charter.
``(5) Capital.--
``(A) No capital required.--The Corporation shall not be
required to--
``(i) issue any capital stock on behalf of a bridge System
bank chartered under this subsection; or
``(ii) purchase any capital stock of a bridge System bank,
except that notwithstanding any other provision of Federal or
State law, the Corporation may purchase and retain capital
stock of a bridge System bank in such amounts and on such
terms as the Corporation, in its discretion, determines to be
appropriate.
``(B) Operating funds in lieu of capital.--Upon the
organization of a bridge System bank, and thereafter, as the
Corporation may, in its discretion, determine to be necessary
or advisable, the Corporation may make available to the
bridge System bank, upon such terms and conditions and in
such form and amounts as the Corporation may in its
discretion determine, funds for the operation of the bridge
System bank in lieu of capital.
``(C) Authority to issue capital stock.--Whenever the Farm
Credit Administration Board determines it is advisable to do
so, the Corporation shall cause capital stock of a bridge
System bank to be issued and offered for sale in such amounts
and on such terms and conditions as the Corporation may, in
its discretion, determine.
``(6) Employee status.--Representatives for purposes of
paragraph (1)(C), interim directors, directors, officers,
employees, or agents of a bridge System bank are not, solely
by virtue of service in any such capacity, officers or
employees of the United States. Any employee of the
Corporation, the Farm Credit Administration, or any Federal
instrumentality who serves at the request of the Corporation
as a representative for purposes of paragraph (1)(C), interim
director, director, officer, employee, or agent of a bridge
System bank shall not--
``(A) solely by virtue of service in any such capacity lose
any existing status as an officer or employee of the United
States for purposes of any provision of law; or
``(B) receive any salary or benefits for service in any
such capacity with respect to a bridge System bank in
addition to such salary or benefits as are obtained through
employment with the Corporation or such Federal
instrumentality.
``(7) Assistance authorized.--The Corporation may, in its
discretion, provide assistance under section 5.61(a) to
facilitate any merger or consolidation of a bridge System
bank in the same manner and to the same extent as such
assistance may be provided to a qualifying insured System
bank (as defined in section 5.61(a)(2)(B)) or to facilitate a
bridge System bank's acquisition of any assets or the
assumption of any liabilities of a System bank in default or
in danger of default.
``(8) Duration of bridge system banks.--Subject to
paragraphs (10) and (11), the status of a bridge System bank
as such shall terminate at the end of the 2-year period
following the date it was granted a charter. The Farm Credit
Administration Board may, in its discretion, extend the
status of the bridge System bank as such for 3 additional 1-
year periods.
``(9) Termination of bridge system banks status.--The
status of any bridge System bank as such shall terminate upon
the earliest of--
``(A) the merger or consolidation of the bridge System bank
with a System institution that is not a bridge System bank,
on the condition that the merger or consolidation shall be
subject to the approval of the Farm Credit Administration;
``(B) at the election of the Corporation and with the
approval of the Farm Credit Administration, the sale of a
majority or all of the capital stock of the bridge System
bank to a System institution or another bridge System bank;
``(C) at the election of the Corporation, and with the
approval of the Farm Credit Administration, either the
assumption of all or substantially all of the liabilities of
the bridge System bank, or the acquisition of all or
substantially all of the assets of the bridge System bank, by
a System institution that is not a bridge System bank or
other entity as permitted under applicable law; and
``(D) the expiration of the period provided in paragraph
(8), or the earlier dissolution of the bridge System bank as
provided in paragraph (11).
``(10) Effect of termination events.--
[[Page H9881]]
``(A) Merger or consolidation.--A bridge System bank that
participates in a merger or consolidation as provided in
paragraph (9)(A) shall be for all purposes a System
institution, with all the rights, powers, and privileges
thereof, and such merger or consolidation shall be conducted
in accordance with, and shall have the effect provided in,
the provisions of applicable law.
``(B) Charter conversion.--Following the sale of a majority
or all of the capital stock of the bridge System bank as
provided in paragraph (9)(B), the Farm Credit Administration
Board may amend the charter of the bridge System bank to
reflect the termination of the status of the bridge System
bank as such, whereupon the System bank shall remain a System
bank, with all of the rights, powers, and privileges thereof,
subject to all laws and regulations applicable thereto.
``(C) Assumption of liabilities and sale of assets.--
Following the assumption of all or substantially all of the
liabilities of the bridge System bank, or the sale of all or
substantially all of the assets of the bridge System bank, as
provided in paragraph (9)(C), at the election of the
Corporation, the bridge System bank may retain its status as
such for the period provided in paragraph (8).
``(D) Amendments to charter.--Following the consummation of
a transaction described in subparagraph (A), (B), or (C) of
paragraph (9), the charter of the resulting System
institution shall be amended by the Farm Credit
Administration to reflect the termination of bridge System
bank status, if appropriate.
``(11) Dissolution of bridge system bank.--
``(A) In general.--Notwithstanding any other provision of
State or Federal law, if the bridge System bank's status as
such has not previously been terminated by the occurrence of
an event specified in subparagraph (A), (B), or (C) of
paragraph (9)--
``(i) the Corporation, after consultation with the Farm
Credit Administration, may, in its discretion, dissolve a
bridge System bank in accordance with this paragraph at any
time; and
``(ii) the Corporation, after consultation with the Farm
Credit Administration, shall promptly commence dissolution
proceedings in accordance with this paragraph upon the
expiration of the 2-year period following the date the bridge
System bank was chartered, or any extension thereof, as
provided in paragraph (8).
``(B) Procedures.--The Farm Credit Administration Board
shall appoint the Corporation as receiver for a bridge System
bank upon determining to dissolve the bridge System bank. The
Corporation as such receiver shall wind up the affairs of the
bridge System bank in conformity with the provisions of law
relating to the liquidation of closed System banks. With
respect to any such bridge System bank, the Corporation as
such receiver shall have all the rights, powers, and
privileges and shall perform the duties related to the
exercise of such rights, powers, or privileges granted by law
to a receiver of any insured System bank and, notwithstanding
any other provision of law in the exercise of such rights,
powers, and privileges, the Corporation shall not be subject
to the direction or supervision of any State agency or other
Federal agency.
``(12) Multiple bridge system banks.--The Corporation may,
in the Corporation's discretion, organize, and the Farm
Credit Administration may, in its discretion, charter, 2 or
more bridge System banks under this subsection to assume any
liabilities and purchase any assets of a single System
institution in default.
``(i) Certain Sales of Assets Prohibited.--
``(1) Persons who engaged in improper conduct with, or
caused losses to, system institutions.--The Corporation shall
prescribe regulations which, at a minimum, shall prohibit the
sale of assets of a failed System institution by the
Corporation to--
``(A) any person who--
``(i) has defaulted, or was a member of a partnership or an
officer or director of a corporation that has defaulted, on 1
or more obligations the aggregate amount of which exceed
$1,000,000, to such failed System institution;
``(ii) has been found to have engaged in fraudulent
activity in connection with any obligation referred to in
clause (i); and
``(iii) proposes to purchase any such asset in whole or in
part through the use of the proceeds of a loan or advance of
credit from the Corporation or from any System institution
for which the Corporation has been appointed as conservator
or receiver;
``(B) any person who participated, as an officer or
director of such failed System institution or of any
affiliate of such System institution, in a material way in
transactions that resulted in a substantial loss to such
failed System institution;
``(C) any person who has been removed from, or prohibited
from participating in the affairs of, such failed System
institution pursuant to any final enforcement action by the
Farm Credit Administration;
``(D) any person who has demonstrated a pattern or practice
of defalcation regarding obligations to such failed System
institution; or
``(E) any person who is in default on any loan or other
extension of credit from such failed System institution
which, if not paid, will cause substantial loss to the System
institution or the Corporation.
``(2) Defaulted debtors.--Except as provided in paragraph
(3), any person who is in default on any loan or other
extension of credit from the System institution, which, if
not paid, will cause substantial loss to the System
institution or the Corporation, may not purchase any asset
from the conservator or receiver.
``(3) Settlement of claims.--Paragraph (1) shall not apply
to the sale or transfer by the Corporation of any asset of
any System institution to any person if the sale or transfer
of the asset resolves or settles, or is part of the
resolution or settlement, of--
``(A) 1 or more claims that have been, or could have been,
asserted by the Corporation against the person; or
``(B) obligations owed by the person to any System
institution, or the Corporation.
``(4) Definition of default.--For purposes of this
subsection, the term `default' means a failure to comply with
the terms of a loan or other obligation to such an extent
that the property securing the obligation is foreclosed upon.
``(j) Expedited Procedures for Certain Claims.--
``(1) Time for filing notice of appeal.--The notice of
appeal of any order, whether interlocutory or final, entered
in any case brought by the Corporation against a System
institution's director, officer, employee, agent, attorney,
accountant, or appraiser or any other person employed by or
providing services to a System institution shall be filed not
later than 30 days after the date of entry of the order. The
hearing of the appeal shall be held not later than 120 days
after the date of the notice of appeal. The appeal shall be
decided not later than 180 days after the date of the notice
of appeal.
``(2) Scheduling.--A court of the United States shall
expedite the consideration of any case brought by the
Corporation against a System institution's director, officer,
employee, agent, attorney, accountant, or appraiser or any
other person employed by or providing services to a System
institution. As far as practicable the court shall give such
case priority on its docket.
``(3) Judicial discretion.--The court may modify the
schedule and limitations stated in paragraphs (1) and (2) in
a particular case, based on a specific finding that the ends
of justice that would be served by making such a modification
would outweigh the best interest of the public in having the
case resolved expeditiously.
``(k) Bond Not Required; Agents; Fee.--The Corporation as
conservator or receiver of a System institution shall not be
required to furnish bond and may appoint an agent or agents
to assist in its duties as such conservator or receiver. All
fees, compensation, and expenses of liquidation and
administration shall be fixed by the Corporation and may be
paid by it out of funds coming into its possession as such
conservator or receiver.
``(l) Consultation Regarding Conservatorships and
Receiverships.--To the extent practicable--
``(1) the Farm Credit Administration shall consult with the
Corporation prior to taking a preresolution action concerning
a System institution that may result in a conservatorship or
receivership; and
``(2) the Corporation, acting in the capacity of the
Corporation as a conservator or receiver, shall consult with
the Farm Credit Administration prior to taking any
significant action impacting System institutions or service
to System borrowers.
``(m) Applicability.--This section shall become applicable
with respect to the power of the Corporation to act as a
conservator or receiver on the date on which the Farm Credit
Administration appoints the Corporation as a conservator or
receiver under section 4.12 or 8.41.''.
SEC. 5413. REPORTING.
(a) Definition of Farm Loan.--In this section, the term
``farm loan'' means--
(1) a farm ownership loan under subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et
seq.); and
(2) an operating loan under subtitle B of that Act (7
U.S.C. 1941 et seq.).
(b) Reports.--
(1) Preparation.--For each fiscal year, the Secretary shall
prepare a report that includes--
(A) aggregate data based on a review of each outstanding
farm loan made or guaranteed by the Secretary describing, for
the United States and for each State and county in the United
States--
(i) the age of the recipient producer;
(ii) the duration that the recipient producer has engaged
in agricultural production;
(iii) the size of the farm or ranch of the recipient
producer;
(iv) the race, ethnicity, and gender of the recipient
producer;
(v) the agricultural commodity or commodities, or type of
enterprise, for which the loan was secured;
(vi) the amount of the farm loan made or guaranteed;
(vii) the type of the farm loan made or guaranteed; and
(viii) the default rate of the farm loan made or
guaranteed;
(B) for each State and county in the United States, data
demonstrating the number of outstanding farm loans made or
guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed as
measured against target participation rates for beginning and
socially disadvantaged farmers, broken down by State, as
described in sections 346(b)(2) and 355 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1994(b)(2), 2003).
(2) Submission of report.--The report described in
paragraph (1) shall be--
(A) submitted--
(i) to--
(I) the Committee on Agriculture of the House of
Representatives;
(II) the Committee on Appropriations of the House of
Representatives;
(III) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(IV) the Committee on Appropriations of the Senate; and
(ii) not later than December 30, 2019, and annually
thereafter; and
[[Page H9882]]
(B) made publicly available not later than 90 days after
the date described in subparagraph (A)(ii).
(c) Comprehensive Review.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act (and every 5 years thereafter), the
Secretary shall--
(A) prepare a comprehensive review of all reports submitted
under subsection (b)(2);
(B) identify trends within data outlined in subsection
(b)(1), including the extent to which target annual
participation rates for beginning and socially disadvantaged
farmers (as defined by the Secretary) are being met for each
loan type; and
(C) provide specific actions the Department will take to
improve the performance of direct and guaranteed loans with
respect to underserved producers and any recommendations the
Secretary may make for further congressional action.
(2) Submission of comprehensive review.--The comprehensive
review described in paragraph (1) shall be--
(A) submitted to--
(i) the Committee on Agriculture of the House of
Representatives;
(ii) the Committee on Appropriations of the House of
Representatives;
(iii) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(iv) the Committee on Appropriations of the Senate; and
(B) made publicly available not later than 90 days after
the date of submission under subparagraph (A).
(d) Privacy.--In preparing any report or review under this
section, the Secretary shall aggregate or de-identify the
data in a manner sufficient to ensure that the identity of a
recipient producer associated with the data cannot be
ascertained.
SEC. 5414. STUDY ON LOAN RISK.
(a) Study.--The Farm Credit Administration shall conduct a
study that--
(1) analyzes and compares the financial risks inherent in
loans made, held, securitized, or purchased by Farm Credit
banks, associations, and the Federal Agricultural Mortgage
Corporation and how such risks are required to be capitalized
under statute and regulations in effect as of the date of the
enactment of this Act; and
(2) assesses the feasibility of increasing the acreage
exception provided in section 8.8(c)(2) of the Farm Credit
Act of 1971 to 2,000 acres.
(b) Timeline.--The Farm Credit Administration shall provide
the results of the study required by subsection (a) to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate no later than 180 days after the date of the enactment
of this Act.
SEC. 5415. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM TO
MEET THE AGRICULTURAL CREDIT NEEDS OF INDIAN
TRIBES AND THEIR MEMBERS.
(a) In General.--The Comptroller General of the United
States shall--
(1) study the agricultural credit needs of farms, ranches,
and related agricultural businesses that are owned or
operated by--
(A) Indian tribes on tribal lands; or
(B) enrolled members of Indian tribes on Indian allotments;
and
(2) determine whether the institutions of the Farm Credit
System have sufficient authority and resources to meet the
needs.
(b) Definition of Indian Tribe.--In subsection (a), the
term ``Indian tribe'' means an Indian tribal entity that is
eligible for funding and services from the Bureau of Indian
Affairs by virtue of the status of the entity as an Indian
tribe.
(c) Report to the Congress.--Within 90 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall prepare and submit to the Committees on
Agriculture and on Natural Resources of the House of
Representatives a written report that contains the findings
of the study conducted under subsection (a). If the
Comptroller General finds that the institutions of the Farm
Credit System do not have sufficient authority or resources
to meet the needs referred to in subsection (a), the report
shall include such legislative and other recommendations as
the Comptroller General determines would result in a system
under which the needs are met in an equitable and effective
manner.
SEC. 5416. GAO REPORT ON CREDIT SERVICE TO SOCIALLY
DISADVANTAGED FARMERS AND RANCHERS.
(a) Definitions.--In this section:
(1) Agricultural credit provider.--The term ``agricultural
credit provider'' means--
(A) a Farm Credit System institution;
(B) a commercial bank;
(C) the Federal Agricultural Mortgage Corporation;
(D) a life insurance company; and
(E) any other individual or entity, as determined by the
Comptroller General of the United States.
(2) Socially disadvantaged farmer or rancher.--The term
``socially disadvantaged farmer or rancher'' has the meaning
given the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
(b) Study.--The Comptroller General of the United States
shall--
(1) conduct a study--
(A) to assess the credit and related services provided by
agricultural credit providers to socially disadvantaged
farmers and ranchers;
(B) to review the overall participation of socially
disadvantaged farmers and ranchers in the services described
in subparagraph (A); and
(C) to identify barriers that limit the availability of
agricultural credit to socially disadvantaged farmers and
ranchers; and
(2) provide recommendations on how agricultural credit
providers may improve outreach to socially disadvantaged
farmers and ranchers relating to the availability of credit
and related services.
(c) Report.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that contains the findings of the study conducted
under subsection (b)(1) and the recommendations described in
subsection (b)(2).
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural America
SEC. 6101. COMBATING SUBSTANCE USE DISORDER IN RURAL AMERICA;
PRIORITIZATIONS.
(a) Combating Substance Use Disorder in Rural America.--
(1) Prioritizations.--The Secretary shall make the
following prioritizations and set asides for fiscal years
2019 through 2025:
(A) Distance learning and telemedicine.--
(i) Substance use disorder set-aside.--Subject to clause
(ii), the Secretary shall make available not less than 20
percent of amounts made available under section 2335A of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 950aaa-2) for financial assistance under chapter 1 of
subtitle D of title XXIII of such Act for telemedicine
projects that provide substance use disorder treatment
services.
(ii) Exception.--In the case of a fiscal year for which the
Secretary determines that there are not sufficient qualified
applicants to receive financial assistance for projects
providing substance use disorder treatment services to reach
the 20-percent requirement under clause (i), the Secretary
may make available less than 20 percent of amounts made
available under such section 2335A for those services.
(B) Community facilities direct loans and grants.--
(i) Substance use disorder selection priority.--In
selecting recipients of direct loans or grants for the
development of essential community facilities under section
306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)), the Secretary shall give priority to
entities eligible for those direct loans or grants--
(I) to develop facilities to provide substance use disorder
(including opioid substance use disorder)--
(aa) prevention services;
(bb) treatment services;
(cc) recovery services; or
(dd) any combination of those services; and
(II) that employ staff that have appropriate expertise and
training in how to identify and treat individuals with
substance use disorders.
(ii) Use of funds.--An eligible entity described in clause
(i) that receives a direct loan or grant described in that
clause may use the direct loan or grant funds for the
development of telehealth facilities and systems to provide
telehealth services for substance use disorder treatment.
(C) Rural health and safety education programs; substance
use disorder selection priority.--In making grants under
section 502(i) of the Rural Development Act of 1972 (7 U.S.C.
2662(i)), the Secretary shall give priority to an applicant
that will use the grant for substance use disorder education
and treatment and the prevention of substance use disorder.
(2) Limitation on other reprioritizations.--For fiscal
years 2019 through 2025, the Secretary shall not make any
national reprioritizations within the Rural Health and Safety
Education Programs, the Community Facilities direct loan and
grant programs, or the Distance Learning and Telemedicine
programs under section 608 of the Rural Development Act of
1972.
(3) Technical amendments.--Title V of the Rural Development
Act of 1972 (7 U.S.C. 2661 et seq.) is amended--
(A) in section 502, in the matter preceding subsection (a),
by inserting ``(referred to in this title as the
`Secretary')'' after ``Agriculture''; and
(B) by striking ``Secretary of Agriculture'' each place it
appears (other than in section 502 in the matter preceding
subsection (a)) and inserting ``Secretary''.
(b) Temporary Prioritization of Rural Health Assistance.--
Title VI of the Rural Development Act of 1972 (7 U.S.C.
2204a-2204b) is amended by adding at the end the following:
``SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH
ASSISTANCE.
``(a) Authority to Temporarily Prioritize Certain Rural
Development Applications.--Notwithstanding any other
provision of law, the Secretary, after consultation with such
public health officials as may be necessary, may announce
through a Federal Register notice pursuant to section
553(b)(3)(B) of title 5, United States Code, a temporary
reprioritization, on a national or multistate basis, for
certain rural development loan and grant applications to
assist rural communities in responding to a significant
public health disruption.
``(b) Public Health Disruption.--For the purposes of this
section, the term `public health disruption' means an
unanticipated increase in mortality or morbidity in rural
communities, when compared to non-rural communities, caused
by identifiable events, actions, or behavioral trends, which
can be remediated by the programs of the Rural Development
mission area. When measuring a public health disruption, the
Secretary may analyze data on a national or multi-state
basis.
``(c) Content of Announcement.--In the announcement, the
Secretary shall--
``(1) describe the nature of the public health disruption,
including the causes, effects, affected populations, and
affected States;
``(2) explain how the programs of the Department of
Agriculture will work in remedying the public health
disruption;
[[Page H9883]]
``(3) identify the services, treatments, or infrastructure
best suited to address the public health disruption;
``(4) establish--
``(A) the start and end dates of the reprioritization;
``(B) the programs subject to reprioritization and the
modifications to the application process;
``(C) the process for making reprioritizations for
applicable programs;
``(D) the amount of funds set-aside for applicable
programs, except that a set-aside for such a program shall
not be greater than 20 percent of the amounts appropriated
for the program for the fiscal year involved; and
``(E) the region in which the reprioritization is in
effect; and
``(5) instruct program administrators to implement the
reprioritization during the application window or
announcement after the announcement takes effect.
``(d) Limitations on Reprioritizations.--When announcing
the reprioritization, the Secretary shall--
``(1) establish an initial total time period of less than 4
years, except as provided for in subsection (e);
``(2) implement only 1 nationally applicable
reprioritization at a time;
``(3) implement only 1 regionally applicable
reprioritization per State at a time; and
``(4) not use reprioritizations to allocate additional
funds to an affected State.
``(e) Extension.--The Secretary may extend an announcement
under subsection (a) for no more than 6 years in total,
except that nothing shall prevent the Secretary from renewing
reprioritizations by making a new announcement under
subsection (a).
``(f) Rescinding the Announcement.--The Secretary may
rescind a reprioritization announcement made under subsection
(a) at any time the Secretary determines that the temporary
reprioritizations are no longer needed or effective.
``(g) Notice.--Not later than 48 hours after making,
extending, or rescinding an announcement under this section,
the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and
transmit to the Secretary of Health and Human Services, a
written notice of the declaration, extension, or
rescission.''.
SEC. 6102. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 950aaa-5) is amended by striking ``$75,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$82,000,000 for each of fiscal years 2019 through 2023''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-
551 (7 U.S.C. 950aaa note) is amended by striking ``2018''
and inserting ``2023''.
SEC. 6103. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by inserting after
section 341 the following:
``SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
``Assistance under section 306(a) for a community facility,
or under section 310B, may include the refinancing of a debt
obligation of a rural hospital as an eligible loan or loan
guarantee purpose if the assistance would help preserve
access to a health service in a rural community, meaningfully
improve the financial position of the hospital, and otherwise
meet the financial feasibility and adequacy of security
requirements of the Rural Development Agency.''.
Subtitle B--Connecting Rural Americans to High Speed Broadband
SEC. 6201. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN
RURAL AREAS.
Section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) is amended--
(1) in subsection (a), by striking ``provide loans and loan
guarantees'' and inserting ``provide grants, provide loans,
and provide loan guarantees'';
(2) in subsection (b)(3)(A)(ii), by inserting ``in the case
of a grant or direct loan,'' before ``a city'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Loans and''
and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by striking ``shall make or guarantee
loans'' and inserting ``shall make grants, shall make loans,
and shall guarantee loans'';
(C) by striking paragraph (2) and inserting the following:
``(2) Priority.--
``(A) In general.--In making grants, making loans, and
guaranteeing loans under paragraph (1), the Secretary shall--
``(i) give the highest priority to applications for
projects to provide broadband service to unserved rural
communities that do not have any residential broadband
service of at least--
``(I) a 10-Mbps downstream transmission capacity; and
``(II) a 1-Mbps upstream transmission capacity;
``(ii) give priority to applications for projects to
provide the maximum level of broadband service to the
greatest proportion of rural households in the proposed
service area identified in the application;
``(iii) provide equal consideration to all eligible
entities, including those that have not previously received
grants, loans, or loan guarantees under paragraph (1); and
``(iv) with respect to 2 or more applications that are
given the same priority under clause (i), give priority to an
application that requests less grant funding than loan
funding.
``(B) Other.--After giving priority to the applications
described in clauses (i) and (ii) of subparagraph (A), the
Secretary shall then give priority to applications--
``(i) for projects to provide broadband service to rural
communities--
``(I) with a population of less than 10,000 permanent
residents;
``(II) that are experiencing outmigration and have adopted
a strategic community investment plan under section 379H(d)
that includes considerations for improving and expanding
broadband service;
``(III) with a high percentage of low income families or
persons (as defined in section 501(b) of the Housing Act of
1949 (42 U.S.C. 1471(b));
``(IV) that are isolated from other significant population
centers; or
``(V) that provide rapid and expanded deployment of fixed
and mobile broadband on cropland and ranchland within a
service territory for use in various applications of
precision agriculture; and
``(ii) that were developed with the participation of, and
will receive a substantial portion of the funding for the
project from, 2 or more stakeholders, including--
``(I) State, local, and tribal governments;
``(II) nonprofit institutions;
``(III) community anchor institutions, such as--
``(aa) public libraries;
``(bb) elementary schools and secondary schools (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(cc) institutions of higher education; and
``(dd) health care facilities;
``(IV) private entities;
``(V) philanthropic organizations; and
``(VI) cooperatives.
``(3) Grant amounts.--
``(A) Definition of development costs.--In this paragraph,
the term `development costs' means costs of--
``(i) construction, including labor and materials;
``(ii) project applications; and
``(iii) other development activities, as determined by the
Secretary.
``(B) Eligibility.--To be eligible for a grant under this
section, in addition to the requirements of subsection (d),
the project that is the subject of the grant shall--
``(i) be carried out in a proposed service territory in
which not less than 90 percent of the households are
unserved; and
``(ii) not concurrently receive any other broadband grant
administered by the Rural Utilities Service.
``(C) Maximum.--Except as provided in subparagraph (D), the
amount of any grant made under this section shall not
exceed--
``(i) 75 percent of the total project cost with respect to
an area with a density of fewer than 7 people per square
mile;
``(ii) 50 percent of the total project cost with respect to
an area with a density of 7 or more and fewer than 12 people
per square mile; and
``(iii) 25 percent of the total project cost with respect
to an area with a density of 12 or more and 20 or fewer
people per square mile.
``(D) Secretarial authority to adjust.--The Secretary may--
``(i) make grants of up to 75 percent of the development
costs of the project for which the grant is provided to an
eligible entity if the Secretary determines that the project
serves--
``(I) an area of rural households described in paragraph
(2)(A)(i); or
``(II) a rural community described in any of subclauses (I)
through (IV) of paragraph (2)(B)(i); and
``(ii) make modifications of the density thresholds
described in subparagraph (C), in order to ensure that funds
provided under this section are best utilized to provide
broadband service in communities that are the most rural in
character.
``(E) Applications.--The Secretary shall establish an
application process for grants under this section that--
``(i) permits a single application for a grant and a loan
under title I, II, or this title that is associated with such
grant; and
``(ii) provides a single decision to award such grant and
such loan.
``(F) Density determinations.--When determining population
density under this section, the Secretary shall prescribe a
calculation method which--
``(i) utilizes publicly available data; and
``(ii) includes only those areas in which the applicant is
able to meet the service requirements under this section, as
determined by the Secretary.
``(4) Fees.--In the case of loan guarantees issued or
modified under this section, the Secretary shall charge and
collect from the lender fees in such amounts as to bring down
the costs of subsidies for guaranteed loans, except that such
fees shall not act as a bar to participation in the programs
nor be inconsistent with current practices in the
marketplace.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``loan
or'' and inserting ``grant, loan, or'';
(II) by striking clause (i) and inserting the following:
``(i) demonstrate the ability to furnish or improve service
in order to meet the broadband buildout requirements
established under subsection (e)(4) in all or part of an
unserved or underserved rural area;''.
(III) in clause (ii), by striking ``a loan application''
and inserting ``an application''; and
[[Page H9884]]
(IV) in clause (iii)--
(aa) by striking ``service'' and inserting
``infrastructure'';
(bb) by striking ``loan'' the first place it appears;
(cc) by striking ``3'' and inserting ``5''; and
(dd) by striking ``proceeds from the loan made or
guaranteed under this section are'' and inserting
``assistance under this section is''; and
(ii) in subparagraph (B), by striking ``(k)'' and inserting
``(j)''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``the proceeds of a loan made or
guaranteed'' and inserting ``assistance''; and
(II) by striking ``for the loan or loan guarantee'' and
inserting ``of the eligible entity''; and
(ii) in clause (i)--
(I) by striking ``15 percent'' and inserting ``50 percent
(in the case of loans or loan guarantees provided in
accordance with subsection (g)(1)(A))''; and
(II) by striking ``level of broadband service'' and
inserting ``level of fixed broadband service, whether
terrestrial or wireless,'';
(C) in paragraph (3)(A), by striking ``loan or'' and
inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``a loan or loan
guarantee'' and inserting ``assistance''; and
(E) by striking paragraphs (5) through (10) and inserting
the following:
``(5) Technical assistance and training.--
``(A) In general.--The Secretary may provide to eligible
entities described in paragraph (1) that are applying for
assistance under this section for a project described in
subsection (c)(2)(A)(i) technical assistance and training--
``(i) to prepare reports and surveys necessary to request
grants, loans, and loan guarantees under this section for
broadband deployment;
``(ii) to improve management, including financial
management, relating to the proposed broadband deployment;
``(iii) to prepare applications for grants, loans, and loan
guarantees under this section; or
``(iv) to assist with other areas of need identified by the
Secretary.
``(B) Funding.--Not less than 3 percent and not more than 5
percent of amounts appropriated to carry out this section for
a fiscal year shall be used for technical assistance and
training under this paragraph.'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``4-Mbps'' and
inserting ``25-Mbps''; and
(ii) in subparagraph (B), by striking ``1-Mbps'' and
inserting ``3-Mbps'';
(B) in paragraph (2)--
(i) by--
(I) striking the following:
``(2) Adjustments.--
``(A) In general.--At''; and
(II) inserting the following:
``(2) Adjustments.--At'';
(ii) by inserting ``and broadband buildout requirements
under paragraph (4)'' after ``(1)''; and
(iii) by striking subparagraph (B); and
(C) by adding at the end the following:
``(4) Broadband buildout requirements.--
``(A) In general.--The term `broadband buildout
requirement' means the level of internet service an applicant
receiving assistance under this section must agree, at the
time the application is finalized, to provide for the
duration of any project-related agreement between the
applicant and the Department.
``(B) Broadband buildout requirements further defined.--
Subject to subparagraph (C), the Secretary shall establish
broadband buildout requirements for projects with agreement
lengths of--
``(i) 5 to 10 years;
``(ii) 11 to 15 years;
``(iii) 16 to 20 years; and
``(iv) more than 20 years.
``(C) Requirements.--In establishing the broadband buildout
requirements under subparagraph (B), the Secretary shall--
``(i) utilize the same metrics used to define the minimum
acceptable level of broadband service under paragraph (1);
``(ii) establish such requirements to reasonably ensure--
``(I) the repayment of all loans and loan guarantees; and
``(II) the financed network is technically capable of
providing broadband service for the lifetime of any project-
related agreement.
``(D) Substitute service standards for unique service
territories.--If an applicant shows that it would be cost
prohibitive to meet the broadband buildout requirements
established under this paragraph for the entirety of a
proposed service territory due to the unique characteristics
of the proposed service territory, the Secretary and the
applicant may agree to utilize substitute standards for any
unserved portion of the project. Any substitute service
standards should continue to consider the best technology
available to meet the needs of the residents in the unserved
area.'';
(6) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(7) in subsection (g), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(8) by striking subsections (i) and (j) and inserting the
following:
``(i) Payment Assistance for Certain Loan and Grant
Recipients.--
``(1) Use of grant funds.--The Secretary may use the funds
appropriated for a grant under this title for the cost (as
defined by section 502 of the Congressional Budget Act of
1974) of providing assistance under paragraph (2).
``(2) Payment assistance.--When providing a grant under
this title, the Secretary, at the sole discretion of the
Secretary, may make--
``(A) a subsidized loan, which shall bear a reduced
interest rate at such a rate as the Secretary determines
appropriate to meet the objectives of the program; or
``(B) a payment assistance loan, which shall--
``(i) require no interest and principal payments while the
borrower is--
``(I) in material compliance with the loan agreement; and
``(II) meeting the milestones and objectives of the project
agreed to under paragraph (3); and
``(ii) require such nominal periodic payments as the
Secretary determines to be appropriate.
``(3) Agreement on milestones and objectives.--With respect
to payment assistance provided under paragraph (2), before
entering into the agreement under which the payment
assistance will be provided, the applicant and the Secretary
shall agree to milestones and objectives of the project.
``(4) Amendment of milestones and objectives.--The
Secretary and the applicant may jointly agree to amend the
milestones and objectives agreed to under paragraph (3).
``(5) Considerations.--When deciding to utilize the payment
assistance authority under paragraph (2) the Secretary shall
consider whether or not the payment assistance will--
``(A) improve the compliance of the grantee with any
commitments made through the grant agreement;
``(B) promote the completion of the broadband project;
``(C) protect taxpayer resources; and
``(D) support the integrity of the broadband programs
administered by the Secretary.
``(6) Limitations on payment assistance.--The Secretary may
not make a payment assistance loan under paragraph (2)(B) to
an entity receiving a grant under this section that is also
the recipient of a loan under title I or II that is
associated with such grant.'';
(9) in subsection (k)(1)--
(A) by striking ``$25,000,000'' and inserting
``$350,000,000''; and
(B) by striking ``2008 through 2018'' and inserting ``2019
through 2023'';
(10) in subsection (l)--
(A) by striking ``loan or'' and inserting ``grant, or loan,
or''; and
(B) by striking ``2018'' and inserting ``2023''; and
(11) by redesignating subsections (k) and (l) as
subsections (j) and (k), respectively.
SEC. 6202. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO RURAL
AREAS.
Section 602 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb-1) is amended to read as follows:
``SEC. 602. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO
RURAL AREAS.
``(a) Purpose.--The purpose of this section is to encourage
the expansion and extension of middle mile broadband
infrastructure to connect underserved rural areas to the
backbone of the Internet.
``(b) Middle Mile Infrastructure.--For the purposes of this
section, the term `middle mile infrastructure' means any
broadband infrastructure that does not connect directly to
end-user locations (including anchor institutions) and may
include interoffice transport, backhaul, Internet
connectivity, data centers, or special access transport to
rural areas.
``(c) Grants, Loans, and Loan Guarantees.--The Secretary
shall make grants, loans, and loan guarantees to eligible
applicants described in subsection (d) to provide funds for
the construction, improvement, or acquisition of middle mile
infrastructure to serve rural areas.
``(d) Eligibility.--
``(1) Eligible applicants.--
``(A) In general.--To be eligible to obtain assistance
under this section, an eligible entity shall--
``(i) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
``(ii) agree to complete build-out of the middle mile
infrastructure described in the application by not later than
5 years after the initial date on which proceeds from the
assistance provided under this section are made available;
and
``(iii) submit to the Secretary a plan to ensure the
viability of the project by--
``(I) connecting, assisting with connecting, or enabling
the connection of retail broadband systems that serve rural
areas within the proposed service territory to the middle
mile infrastructure project in an affordable and economically
competitive manner;
``(II) leasing or selling sufficient capacity prior to
project approval; and
``(III) complying with any other requirements imposed by
the Secretary.
``(B) Additional end user broadband programs.--Entities
that receive assistance to construct, improve, or acquire
middle mile infrastructure under this section shall be
eligible to apply for additional funds under this title to
provide for retail broadband service to end users.
``(2) Eligible service territories.--The proceeds of
assistance provided under this section may be used to carry
out a project in a proposed service territory only if, as of
the date the application for assistance under this section is
submitted, there is not adequate middle mile infrastructure
available to support broadband service for eligible rural
communities that would be provided access to the middle mile
infrastructure.
``(3) Eligible projects.--A project shall be eligible for
assistance under this section if at the time of the
application--
``(A) at least 75 percent of the interconnection points
serve such eligible rural areas; and
``(B) the Secretary determines that the proposed middle
mile network will be capable of supporting retail broadband
service meeting the
[[Page H9885]]
maximum broadband buildout requirement established under
section 601(e)(4) for the residents within the proposed
service territory.
``(e) Limitation on Grants.--In making grants under this
section, the Secretary shall--
``(1) not provide any grant in excess of 20 percent of the
total project cost; and
``(2) provide grants only to those projects which serve
rural areas where population density or geographic
characteristics make it infeasible to construct middle mile
broadband systems without grant assistance.
``(f) Terms, Conditions, and Adequacy of Security.--All
loans and loan guarantees provided under this section shall
be made subject to such terms, conditions, and adequacy of
security requirements as may be imposed by the Secretary. If
the middle mile infrastructure would not provide adequate
security due to long-term leasing arrangements, the Secretary
shall require substitute security in such form and substance
as are acceptable to the Secretary.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2018 through 2023.''.
SEC. 6203. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.
Section 603 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb-2) is amended--
(1) in the section heading, by striking ``rural gigabit
network pilot'' and inserting ``innovative broadband
advancement'';
(2) in subsection (d), by striking ``2014 through 2018''
and inserting ``2019 through 2023'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--The Secretary shall establish a program
to be known as the `Innovative Broadband Advancement
Program', under which the Secretary may provide a grant, a
loan, or both to an eligible entity for the purpose of
demonstrating innovative broadband technologies or methods of
broadband deployment that significantly decrease the cost of
broadband deployment, and provide substantially faster
broadband speeds than are available, in a rural area.
``(b) Rural Area.--In this section, the term `rural area'
has the meaning provided in section 601(b)(3).
``(c) Eligibility.--To be eligible to obtain assistance
under this section for a project, an entity shall--
``(1) submit to the Secretary an application--
``(A) that describes a project designed to decrease the
cost of broadband deployment, and substantially increase
broadband speed to not less than the maximum broadband
buildout requirements established under section 601(e)(4), in
a rural area to be served by the project; and
``(B) at such time, in such manner, and containing such
other information as the Secretary may require;
``(2) demonstrate that the entity is able to carry out the
project; and
``(3) agree to complete the project build-out within 5
years after the date the assistance is first provided for the
project.
``(d) Prioritization.--In awarding assistance under this
section, the Secretary shall give priority to proposals for
projects that--
``(1) involve partnerships between or among multiple
entities;
``(2) would provide broadband service to the greatest
number of rural entities at or above the broadband
requirements referred to in subsection (c)(1)(A); and
``(3) the Secretary determines could be replicated in rural
areas described in paragraph (2).''.
SEC. 6204. COMMUNITY CONNECT GRANT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.) is amended by adding at the end the following:
``SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible broadband service.--The term `eligible
broadband service' means broadband service that has the
capability to transmit data at a speed specified by the
Secretary, which may not be less than the applicable minimum
download and upload speeds established by the Federal
Communications Commission in defining the term `advanced
telecommunications capability' for purposes of section 706 of
the Telecommunications Act of 1996 (47 U.S.C. 1302).
``(2) Eligible service area.--The term `eligible service
area' means an area in which broadband service capacity is
less than--
``(A) a 10-Mbps downstream transmission capacity; and
``(B) a 1-Mbps upstream transmission capacity.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means a
legally organized entity that--
``(i) is--
``(I) an incorporated organization;
``(II) an Indian Tribe or Tribal organization;
``(III) a State;
``(IV) a unit of local government; or
``(V) any other legal entity, including a cooperative, a
private corporation, or a limited liability company, that is
organized on a for-profit or a not-for-profit basis; and
``(ii) has the legal capacity and authority to enter into a
contract, to comply with applicable Federal laws, and to own
and operate broadband facilities, as proposed in the
application submitted by the entity for a grant under the
Program.
``(B) Exclusions.--The term `eligible entity' does not
include--
``(i) an individual; or
``(ii) a partnership.
``(4) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3)(A).
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Community Connect Grant
Program', to provide grants to eligible entities to finance
broadband transmission in rural areas.
``(c) Eligible Projects.--An eligible entity that receives
a grant under the Program shall use the grant to carry out a
project that--
``(1) provides eligible broadband service to, within the
proposed eligible service area described in the application
submitted by the eligible entity--
``(A) each essential community facility as defined pursuant
to section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)); and
``(B) any required facilities necessary to offer that
eligible broadband service to each residential and business
customer within such proposed eligible service area; and
``(2) for not less than 2 years--
``(A) furnishes free eligible broadband service to a
community center described in subsection (d)(1)(B);
``(B) provides not fewer than 2 computer access points for
that free eligible broadband service; and
``(C) covers the cost of bandwidth to provide free eligible
broadband service to each essential community facility that
requests broadband services within the proposed eligible
service area described in the application submitted by the
eligible entity.
``(d) Uses of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program may use the grant for--
``(A) the construction, acquisition, or leasing of
facilities (including spectrum), land, or buildings to deploy
eligible broadband service; and
``(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed
eligible service area described in the application submitted
by the eligible entity.
``(2) Ineligible uses.--An eligible entity that receives a
grant under the Program shall not use the grant for--
``(A) the duplication of any existing eligible broadband
service provided by another entity in the eligible service
area; or
``(B) operating expenses, except as provided in--
``(i) subsection (c)(2)(C) with respect to free eligible
broadband service; and
``(ii) paragraph (1)(A) with respect to spectrum.
``(3) Free access for community centers.--Of the amounts
provided to an eligible entity under a grant under the
Program, the eligible entity shall use to carry out paragraph
(1)(B) not greater than the lesser of--
``(A) 10 percent; and
``(B) $150,000.
``(e) Matching Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program shall provide a cash contribution in an
amount that is not less than 15 percent of the amount of the
grant.
``(2) Requirements.--A cash contribution described in
paragraph (1)--
``(A) shall be used solely for the project for which the
eligible entity receives a grant under the Program; and
``(B) shall not include any Federal funds, unless a Federal
statute specifically provides that those Federal funds may be
considered to be from a non-Federal source.
``(f) Applications.--
``(1) In general.--To be eligible to receive a grant under
the Program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Requirement.--An application submitted by an eligible
entity under paragraph (1) shall include documentation
sufficient to demonstrate the availability of funds to
satisfy the requirement of subsection (e).
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 6205. OUTDATED BROADBAND SYSTEMS.
(a) In General.--Title VI of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb et seq.) is further amended by adding
at the end the following:
``SEC. 605. OUTDATED BROADBAND SYSTEMS.
``(a) In General.--Except as provided in subsection (b),
the Secretary shall consider any portion of a service
territory that is subject to an outstanding grant agreement
between the Secretary and a broadband provider to be unserved
for the purposes of all broadband assistance programs under
this Act, if the broadband service in that portion of a
service territory is less than 10 Mbps downstream
transmission capacity or less than 1 Mbps upstream
transmission capacity.
``(b) Exception.--The Secretary shall not consider a
portion of a service territory described in subsection (a) to
be unserved if the broadband service provider has constructed
or begun to construct broadband facilities that meet the
minimum acceptable level of service established under section
601(e), in that portion of the service territory.''.
(b) Effective Date.--The amendment made by this section
shall not take effect until October 1, 2020.
SEC. 6206. DEFAULT AND DEOBLIGATION; DEFERRAL.
Title VI of such Act (7 U.S.C. 950bb et seq.) is further
amended by adding at the end the following:
``SEC. 606. DEFAULT AND DEOBLIGATION; DEFERRAL.
``(a) Default and Deobligation.--In addition to other
authority under applicable law, the Secretary shall establish
written procedures for all broadband programs so that, to the
maximum extent practicable, the programs are administered
to--
[[Page H9886]]
``(1) recover funds from loan and grant defaults;
``(2) deobligate any awards, less allowable costs that
demonstrate an insufficient level of performance (including
metrics determined by the Secretary) or fraudulent spending,
to the extent funds with respect to the award are available
in the account relating to the program established by this
title;
``(3) award those funds, on a competitive basis, to new or
existing applicants consistent with this title; and
``(4) minimize overlap among the programs.
``(b) Deferral Period.--In determining the terms and
conditions of assistance provided under this title, the
Secretary may establish a deferral period of not shorter than
the buildout period established for the project involved in
order to support the financial feasibility and long-term
sustainability of the project.''.
SEC. 6207. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING
REQUIREMENTS.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended by adding at the end the following new
title:
``TITLE VII--GENERAL AND ADMINISTRATIVE PROVISIONS
``SEC. 701. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING
REQUIREMENTS.
``(a) Notice Requirements.--The Secretary shall promptly
make available to the public, a fully searchable database on
the website of the Rural Utilities Service that contains
information on all retail broadband projects provided
assistance or for which assistance is sought that are
administered by the Secretary, including, at a minimum--
``(1) notice of each application for assistance describing
the application, including--
``(A) the identity of the applicant;
``(B) a description of each application, including--
``(i) a map of the proposed service area of the applicant;
and
``(ii) the amount and type of support requested by each
applicant;
``(C) the status of each application; and
``(D) the estimated number and proportion of service points
in the proposed service territory without fixed broadband
service, whether terrestrial or wireless;
``(2) notice of each entity receiving assistance
administered by the Secretary, including--
``(A) the name of the entity;
``(B) the type of assistance being received;
``(C) the purpose for which the entity is receiving the
assistance; and
``(D) each annual report submitted under subsection (c)
(redacted to protect any proprietary information in the
report); and
``(3) such other information as is sufficient to allow the
public to understand assistance provided.
``(b) Service Area Assessment.--
``(1) In general.--The Secretary shall, with respect to a
retail broadband application for assistance, which is outside
an area in which the applicant receives Federal universal
service support--
``(A) after giving notice required by subsection (a)(1),
afford service providers not less than 45 days to voluntarily
submit information required by the Secretary onto the
agency's online mapping tool with respect to areas that are
coterminous with the proposed service area of the application
(or any parts thereof), such that the Secretary may assess
whether the application submitted meets the eligibility
requirements under this title; and
``(B) if no broadband service provider submits information
under paragraph (1), consider the number of providers in the
proposed service area to be established by using any other
data regarding the availability of broadband service that the
Secretary may collect or obtain through reasonable efforts.
``(2) Assessment of unserved communities.--In the case of
an application given the highest priority under section
601(c)(2)(A)(i), the Secretary shall confirm that each
unserved rural community identified in the application is
eligible for funding by--
``(A) conferring with, and obtaining data from, the Chair
of the Federal Communications Commission and the
Administrator of the National Telecommunications and
Information Administration with respect to the service level
in the service area proposed in the application;
``(B) reviewing any other source that is relevant to
service data validation, as determined by the Secretary; and
``(C) performing site-specific testing to verify the
unavailability of any retail broadband service.
``(3) FOIA exemption.--For purposes of section 552 of title
5, United States Code, information received by the Secretary
pursuant to paragraph (1)(A) of this subsection shall be
exempt from disclosure pursuant to subsection (b)(2)(B) of
such section 552.
``(c) Reporting Broadband Improvements to USDA.--
``(1) In general.--The Secretary shall require any entity
receiving assistance for a project which provides retail
broadband service to submit an annual report for 3 years
after completion of the project, in a format specified by the
Secretary, that describes--
``(A) the use by the entity of the assistance, including
new equipment and capacity enhancements that support high-
speed broadband access for educational institutions, health
care providers, and public safety service providers
(including the estimated number of end users who are
currently using or forecasted to use the new or upgraded
infrastructure); and
``(B) the progress towards fulfilling the objectives for
which the assistance was granted, including--
``(i) the number of service points that will receive new
broadband service, existing network service improvements, and
facility upgrades resulting from the Federal assistance;
``(ii) the speed of broadband service;
``(iii) the average price of the most subscribed tier of
broadband service in a proposed service area;
``(iv) new subscribers generated from the project; and
``(v) any metrics the Secretary determines to be
appropriate.
``(2) Additional reporting.--
``(A) Broadband buildout data.--As a condition of receiving
assistance under section 601, a recipient of assistance shall
provide to the Secretary complete, reliable, and precise
geolocation information that indicates the location of new
broadband service that is being provided or upgraded within
the service territory supported by the grant, loan, or loan
guarantee not later than 30 days after the earlier of--
``(i) the date of completion of any project milestone
established by the Secretary; or
``(ii) the date of completion of the project.
``(B) Reporting for middle mile projects.--The Secretary
shall require any entity receiving assistance under section
602 to submit a semiannual report for 5 years after
completion of the project, in a format specified by the
Secretary, that describes--
``(i) the use by the entity of the assistance to construct,
improve, or acquire middle mile infrastructure;
``(ii) the progress towards meeting the end-user connection
plan submitted under section 602(d)(1)(A)(iii); and
``(iii) any additional metrics the Secretary determines to
be appropriate.
``(C) Additional reporting.--The Secretary may require any
additional reporting and information by any recipient of any
broadband assistance under this act so as to ensure
compliance with this section.
``(d) Annual Report on Broadband Projects and Service to
Congress.--Each year, the Secretary shall submit to the
Congress a report that describes the extent of participation
in the broadband assistance programs administered by the
Secretary for the preceding fiscal year, including a
description of--
``(1) the number of applications received and accepted,
including any special loan terms or conditions for which the
Secretary provided additional assistance to unserved areas;
``(2)(A) the communities proposed to be served in each
application submitted for the fiscal year; and
``(B) the communities served by projects funded by
broadband assistance programs;
``(3) the period of time required to approve each loan
application under broadband programs;
``(4) any outreach activities carried out by the Secretary
to encourage entities in rural areas without broadband
service to submit applications under this Act;
``(5) the method by which the Secretary determines that a
service enables a subscriber to originate and receive high-
quality voice, data, graphics, and video for purposes of
providing broadband service under this Act;
``(6) each broadband service, including the type and speed
of broadband service, for which assistance was sought, and
each broadband service for which assistance was provided,
under this Act; and
``(7) the overall progress towards fulfilling the goal of
improving the quality of rural life by expanding rural
broadband access, as demonstrated by metrics, including--
``(A) the number of residences and businesses receiving new
broadband services;
``(B) network improvements, including facility upgrades and
equipment purchases;
``(C) average broadband speeds and prices on a local and
statewide basis;
``(D) any changes in broadband adoption rates; and
``(E) any specific activities that increased high speed
broadband access for educational institutions, health care
providers, and public safety service providers.
``(e) Limitations on Reservation of Funds.--Not less than 3
but not more than 5 percent of program level amounts
available pursuant to amounts appropriated to carry out title
VI shall be set aside to be used for--
``(1) conducting oversight under such title;
``(2) implementing accountability measures and related
activities authorized under such title; and
``(3) carrying out this section.''.
SEC. 6208. ENVIRONMENTAL REVIEWS.
Title VII of the Rural Electrification Act of 1936, as
added by section 6207 of this Act, is amended by adding at
the end the following:
``SEC. 702. ENVIRONMENTAL REVIEWS.
``The Secretary may obligate, but not disperse, funds under
this Act before the completion of otherwise required
environmental, historical, or other types of reviews if the
Secretary determines that a subsequent site-specific review
shall be adequate and easily accomplished for the location of
towers, poles, or other broadband facilities in the service
area of the borrower without compromising the project or the
required reviews.''.
SEC. 6209. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR
DEPLOYMENT OF BROADBAND SERVICE.
Title VII of the Rural Electrification Act of 1936, as
added by section 6207 and amended by section 6208 of this
Act, is amended by adding at the end the following:
``SEC. 703. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR
DEPLOYMENT OF BROADBAND SERVICE.
``Notwithstanding any other provision of this Act, the
proceeds of any loan made or guaranteed by the Secretary
under this Act may be used by the recipient of the loan for
the purpose of refinancing an outstanding obligation of the
recipient on another telecommunications loan
[[Page H9887]]
made under this Act, or on any other loan if that loan would
have been for an eligible telecommunications purpose under
this Act.''.
SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981) is amended by adding at the
end the following:
``(e)(1) Except as provided in paragraph (2), the Secretary
may allow a recipient of a grant, loan, or loan guarantee
provided by the Office of Rural Development under this title
to use not more than 10 percent of the amount so provided--
``(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936;
or
``(B) to construct other broadband infrastructure.
``(2) Paragraph (1) of this subsection shall not apply to a
recipient who is seeking to provide retail broadband service
in any area where retail broadband service is available at
the minimum broadband speeds, as defined under section 601(e)
of the Rural Electrification Act of 1936.
``(3) The Secretary shall not provide funding under
paragraph (1) if the funding would result in competitive harm
to any grant, loan, or loan guarantee provided under the
Rural Electrification Act of 1936.''.
(b) Title I of the Rural Electrification Act of 1936 (7
U.S.C. 901-918a) is amended by inserting after section 7 the
following:
``SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.
``(a) Subject to subsections (b) and (c) of this section,
the Secretary may allow a recipient of a grant, loan, or loan
guarantee under this title to set aside not more than 10
percent of the amount so received to provide retail broadband
service.
``(b) A recipient who sets aside funds under subsection (a)
of this section may use the funds only in an area that is not
being provided with the minimum acceptable level of broadband
service established under section 601(e), unless the
recipient meets the requirements of section 601(d).
``(c) Nothing in this section shall be construed to limit
the ability of any borrower to finance or deploy services
authorized under this Act.
``(d) The Secretary shall not provide funding under
subsection (a) if the funding would result in competitive
harm to any grant, loan, or loan guarantee referred to in
subsection (a).''.
SEC. 6211. REFINANCING OF TELEPHONE LOANS.
Section 201 of the Rural Electrification Act of 1936 (7
U.S.C. 922) is amended, in the fifth sentence, by striking
``furnishing telephone service in rural areas:'' and all that
follows through ``40 per centum of any loan made under this
title.'' and inserting ``furnishing telephone service in
rural areas, including indebtedness of recipients on another
telecommunications loan made under this Act.''.
SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.
(a) Consultation Between USDA and NTIA.--The Secretary
shall consult with the Assistant Secretary to assist in the
verification of eligibility of the broadband loan and grant
programs of the Department of Agriculture. In providing
assistance under the preceding sentence, the Assistant
Secretary shall make available the broadband assessment and
mapping capabilities of the National Telecommunications and
Information Administration.
(b) Consultation Between USDA and FCC.--
(1) By usda.--The Secretary shall consult with the
Commission before providing broadband assistance for a
project to serve an area with respect to which another entity
is receiving Connect America Fund or Mobility Fund support
under the Federal universal service support mechanisms
established under section 254 of the Communications Act of
1934 (47 U.S.C. 254).
(2) By fcc.--The Commission shall consult with the
Secretary before offering or providing Connect America Fund
or Mobility Fund support under the Federal universal service
support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) to serve an area
with respect to which another entity has received broadband
assistance under a loan or grant program of the Department of
Agriculture.
(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary, the
Commission, and the Assistant Secretary shall submit to the
Committee on Agriculture and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on
Commerce, Science, and Transportation of the Senate a report
on how best to coordinate federally supported broadband
programs and activities in order to achieve the following
objectives:
(1) Promote high-quality broadband service that meets the
long-term needs of rural residents and businesses, by
evaluating the broadband service needs in rural areas for
each decade through 2050.
(2) Support the long-term viability, sustainability, and
utility of federally supported rural broadband
infrastructure, by analyzing the technical capabilities of
the technologies currently available and reasonably expected
to be available by 2035 to meet the broadband service needs
of rural residents identified under paragraph (1), including
by analyzing the following:
(A) The real-world performance of such technologies,
including data rates, latency, data usage restrictions, and
other aspects of service quality, as defined by the
Commission.
(B) The suitability of each such technology for
residential, agricultural, educational, healthcare,
commercial, and industrial purposes in rural areas.
(C) The cost to deploy and support such technologies in
several rural geographies.
(D) The costs associated with online platforms,
specifically the resulting constraints on rural network
bandwidth.
(3) Identify and quantify the availability of broadband
service and ongoing broadband deployment in rural areas,
including ways to do the following:
(A) Harmonize broadband notification and reporting
requirements and develop common verification procedures
across all federally supported broadband programs.
(B) Consolidate and utilize the existing broadband service
data.
(C) Collect and share data on those projects in rural areas
where Federal programs are currently supporting broadband
deployment, including areas with respect to which an entity
is receiving--
(i) support under a broadband assistance program of the
Department of Agriculture; or
(ii) Connect America Fund or Mobility Fund support under
the Federal universal service support mechanisms established
under section 254 of the Communications Act of 1934 (47
U.S.C. 254).
(D) Leverage support technologies and services from online
platforms for providers of broadband service in rural areas.
(d) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Rural area.--The term ``rural area'' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936.
SEC. 6213. TRANSITION RULE.
For the period beginning on the date of the enactment of
this Act and ending on the date that is one year after such
date of enactment, with respect to the implementation of the
rural broadband access program under section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb) and the
Community Connect Grant Program under section 604 of such
Act, as added by section 6204 of this Act, the Secretary
shall use the regulations in existence as of the day before
the date of enactment of this Act that are applicable to the
program involved, until the Secretary issues a final rule
implementing the provisions of, and amendments made by, this
title that apply to that program.
SEC. 6214. RURAL BROADBAND INTEGRATION WORKING GROUP.
(a) In General.--
(1) Establishment.--There is established the Rural
Broadband Integration Working Group (referred to in this
subsection as the ``Working Group'').
(2) Membership.--The membership of the Working Group shall
be composed of the heads, or their designees, of--
(A) the Department of Agriculture, acting through the
Administrator of the Rural Utilities Service;
(B) the Department of Commerce, acting through the
Assistant Secretary for Communications and Information;
(C) the Department of Defense;
(D) the Department of State;
(E) the Department of the Interior;
(F) the Department of Labor;
(G) the Department of Health and Human Services;
(H) the Department of Homeland Security;
(I) the Department of Housing and Urban Development;
(J) the Department of Justice;
(K) the Department of Transportation;
(L) the Department of the Treasury;
(M) the Department of Energy;
(N) the Department of Education;
(O) the Department of Veterans Affairs;
(P) the Environmental Protection Agency;
(Q) the General Services Administration;
(R) the Small Business Administration;
(S) the Institute of Museum and Library Services;
(T) the National Science Foundation;
(U) the Council on Environmental Quality;
(V) the Office of Science and Technology Policy;
(W) the Office of Management and Budget;
(X) the Council of Economic Advisers;
(Y) the Domestic Policy Council;
(Z) the National Economic Council; and
(AA) such other Federal agencies or entities as are
determined appropriate by the co-chairs.
(3) Co-chairs.--The following individuals, or their
designees, shall serve as co-chairs of the Working Group:
(A) The Administrator of the Rural Utilities Service.
(B) The Assistant Secretary for Communications and
Information.
(C) The Director of the National Economic Council.
(D) The Director of the Office of Science and Technology
Policy.
(4) Consultation; coordination.--The Working Group shall
consult, as appropriate, with other relevant agencies,
including the Federal Communications Commission. The Working
Group shall coordinate with existing Federal working groups
and committees involved with broadband.
(5) Membership changes.--The Director of the National
Economic Council and the Director of the Office of Science
and Technology Policy shall review, on a periodic basis, the
membership of the Working Group to ensure that the Working
Group--
(A) includes necessary Federal Government entities; and
(B) is an effective mechanism for coordinating among
agencies on the policy described in subsection (b).
(b) Functions of Working Group.--
(1) Consultation.--The Working Group shall consult with
State, local, Tribal, and territorial
[[Page H9888]]
governments, telecommunications companies, utilities, trade
associations, philanthropic entities, policy experts, and
other interested parties to identify, assess, and determine
possible actions relating to barriers and opportunities for
broadband deployment in rural areas.
(2) Point of contact.--Not later than 15 days after the
date of enactment of this Act, each member of the Working
Group shall--
(A) designate a representative to serve as the main point
of contact for matters relating to the Working Group; and
(B) notify the co-chairs of the Working Group of that
designee.
(3) Survey.--Not later than 60 days after the date of
enactment of this Act, based on information provided by the
members of the Working Group, the Working Group shall publish
a comprehensive survey of--
(A) Federal programs, including the allocated funding
amounts, that currently support or could reasonably be
modified to support broadband deployment and adoption; and
(B) all Federal agency-specific policies and rules with the
direct or indirect effect of facilitating or regulating
investment in, or deployment of, wired and wireless broadband
networks.
(4) List of actions.--Not later than 120 days after the
date of enactment of this Act, the members of the Working
Group shall submit to the Working Group an initial list of
actions that each of the agencies could take to identify and
address regulatory barriers to, incentivize investment in,
promote best practices within, align funding decisions with
respect to, and otherwise support, wired broadband deployment
and adoption.
(5) Report.--Not later than 150 days after the date of
enactment of this Act, the Working Group shall submit to the
President an agreed-to and prioritized list of
recommendations of the Working Group on actions that Federal
agencies can take to support broadband deployment and
adoption, including--
(A) a list of priority actions and rulemakings; and
(B) timelines to complete the priority actions and
rulemakings.
Subtitle C--Miscellaneous
SEC. 6301. EXCLUSION OF CERTAIN POPULATIONS FROM DEFINITION
OF RURAL AREA.
(a) In General.--Section 343(a)(13) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is
amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(I)''; and
(2) by adding at the end the following:
``(H) Exclusion of incarcerated populations.--Populations
of individuals incarcerated on a long-term or regional basis
shall not be included in determining whether an area is
`rural' or a `rural area'.
``(I) Limited exclusion of military base populations.--The
first 1,500 individuals who reside in housing located on a
military base shall not be included in determining whether an
area is `rural' or a `rural area'.''.
(b) Broadband.--Section 601(b)(3) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)) is amended
by adding at the end the following:
``(C) Exclusion of certain populations.--Such term does not
include any population described in subparagraph (H) or (I)
of section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)).''.
(c) Distance Learning and Telemedicine Loans and Grants.--
Section 2332 of the Food Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 950aaa-1) is amended by adding at the
end the following:
``(4) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936.''.
SEC. 6302. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM.
(a) Definition.--In this section, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
(b) In General.--The Secretary shall, in coordination with
the Office of Tribal Relations established under section 309
of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6921), provide technical assistance to improve
access by Tribal entities to rural development programs
funded by the Department of Agriculture through available
cooperative agreement authorities of the Secretary.
(c) Technical Assistance.--Technical assistance provided
under subsection (b) shall address the unique challenge of
Tribal governments, Tribal producers, Tribal businesses,
Tribal business entities, and tribally designated housing
entities in accessing Department of Agriculture-supported
rural infrastructure, rural cooperative development, rural
business and industry, rural housing, and other rural
development activities.
SEC. 6303. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a) is amended--
(1) in subsection (b)(2), by striking ``efficiency.'' and
inserting ``efficiency (including cost-effective on- or off-
grid renewable energy or energy storage systems).'';
(2) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Eligibility for other loans.--The Secretary shall not
include any debt incurred by a borrower under this section in
the calculation of the debt-equity ratio of the borrower for
purposes of eligibility for loans under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``(6)'' and inserting ``(7)''; and
(D) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate
steps to streamline the accounting requirements on borrowers
under this section while maintaining adequate assurances of
the repayment of the loans.'';
(3) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``3 percent'' and
inserting ``5 percent''; and
(B) in subparagraph (D), by striking ``electric'' and
inserting ``recurring service'';
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g) the following:
``(h) Publication.--Not later than 120 days after the end
of each fiscal year, the Secretary shall publish a
description of--
``(1) the number of applications received under this
section for that fiscal year;
``(2) the number of loans made to eligible entities under
this section for that fiscal year; and
``(3) the recipients of the loans described in paragraph
(2).''; and
(6) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION
REAUTHORIZATION.
(a) Administrative Expenses of Regional Commissions.--
Section 15304(c)(3)(A) of title 40, United States Code, is
amended by striking ``unanimous'' and inserting ``majority''.
(b) Economic and Infrastructure Development Grants.--
Section 15501 of title 40, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) to grow the capacity for successful community
economic development in its region; and'';
(2) in subsection (b), by striking ``paragraphs (1) through
(3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and
(3) in subsection (f), by striking the period at the end
and inserting ``, except that financial assistance may be
used as otherwise authorized by this subtitle to attract
businesses to the region from outside the United States.''.
(c) State Capacity Building Grant Program.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Northern
Border Regional Commission established by section 15301(a)(3)
of title 40, United States Code.
(B) Commission state.--The term ``Commission State'' means
each of the States of Maine, New Hampshire, New York, and
Vermont.
(C) Eligible county.--The term ``eligible county'' means a
county described in section 15733 of title 40, United States
Code.
(D) Program.--The term ``program'' means the State capacity
building grant program established under paragraph (2).
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Commission shall establish a
State capacity building grant program to provide grants to
Commission States to carry out the purpose under paragraph
(3).
(3) Purpose.--The purpose of the program is to support the
efforts of the Commission--
(A) to better support business retention and expansion in
eligible counties;
(B) to create programs to encourage job creation and
workforce development in eligible counties;
(C) to prepare economic and infrastructure plans for
eligible counties;
(D) to expand access to high-speed broadband in eligible
counties;
(E) to provide technical assistance that results in
Commission investments in transportation, water, wastewater,
and other critical infrastructure;
(F) to create initiatives to increase the effectiveness of
local development districts in eligible counties; and
(G) to implement new or innovative economic development
practices that will better position the eligible counties of
Commission States to compete in the global economy.
(4) Use of funds.--
(A) In general.--Funds from a grant under the program may
be used to support a project, program, or related expense of
the Commission State in an eligible county.
(B) Limitation.--Funds from a grant under the program shall
not be used for--
(i) the purchase of furniture, fixtures, or equipment;
(ii) the compensation of--
(I) any State member of the Commission (as described in
section 15301(b)(1)(B) of title 40, United States Code); or
(II) any State alternate member of the Commission (as
described in section 15301(b)(2)(B) of title 40, United
States Code); or
(iii) the cost of supplanting existing State programs.
(5) Annual work plan.--
(A) In general.--For each fiscal year, before providing a
grant under the program, each Commission State shall provide
to the Commission an annual work plan that includes the
proposed use of the grant.
(B) Approval.--No grant under the program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
(6) Amount of grant.--
[[Page H9889]]
(A) In general.--The amount of a grant provided to a
Commission State under the program for a fiscal year shall be
based on the proportion that--
(i) the amount paid by the Commission State (including any
amounts paid on behalf of the Commission State by a nonprofit
organization) for administrative expenses for the applicable
fiscal year (as determined under section 15304(c) of title
40, United States Code); bears to
(ii) the amount paid by all Commission States (including
any amounts paid on behalf of a Commission State by a
nonprofit organization) for administrative expenses for that
fiscal year (as determined under that section).
(B) Requirement.--To be eligible to receive a grant under
the program for a fiscal year, a Commission State (or a
nonprofit organization on behalf of the Commission State)
shall pay the amount of administrative expenses of the
Commission State for the applicable fiscal year (as
determined under section 15304(c) of title 40, United States
Code).
(C) Approval.--For each fiscal year, a grant provided under
the program shall be approved and made available as part of
the approval of the annual budget of the Commission.
(7) Grant availability.--Funds from a grant under the
program shall be available only during the fiscal year for
which the grant is provided.
(8) Report.--Each fiscal year, each Commission State shall
submit to the Commission and make publicly available a report
that describes the use of the grant funds and the impact of
the program in the State.
(9) Funding.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $5,000,000 for each of fiscal years
2019 through 2023.
(B) Supplement, not supplant.--Funds made available to
carry out this subsection shall supplement and not supplant
funds made available for the Commission and other activities
of the Commission.
(d) Northern Border Regional Commission.--Section 15733 of
title 40, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``Belknap,'' before ``Carroll,''; and
(B) by inserting ``Cheshire,'' before ``Coos,'';
(2) by striking paragraph (3) and inserting the following
new paragraph:
``(3) New york.--The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara,
Oneida, Orleans, Oswego, Rensselaer, Saratoga, Schenectady,
Seneca, St. Lawrence, Sullivan, Washington, Warren, Wayne,
and Yates in the State of New York.''; and
(3) in paragraph (4)--
(A) by inserting ``Addison, Bennington,'' before
``Caledonia,'';
(B) by inserting ``Chittenden,'' before ``Essex,'';
(C) by striking ``and'' and inserting ``Orange,'' and
(D) by inserting ``, Rutland, Washington, Windham, and
Windsor'' after ``Orleans''.
(e) Authorization of Appropriations.--Section 15751(a) of
title 40, United States Code, is amended by striking
``$30,000,000 for each of fiscal years 2008 through 2018''
and inserting ``$33,000,000 for each of fiscal years 2019
through 2023''.
(f) Vacancies.--Section 15301 of title 40, United States
Code, is amended by adding at the end the following:
``(f) Succession.--Subject to the time limitations under
section 3346 of title 5, the Federal Cochairperson may
designate a Federal employee of the Commission to perform the
functions and duties of the office of the Federal
Cochairperson temporarily in an acting capacity if both the
Federal Cochairperson and the alternate Federal Cochairperson
die, resign, or otherwise are unable to perform the functions
and duties of their offices.''.
(g) Technical Amendments.--Chapters 1, 2, 3, and 4 of
subtitle V of title 40, United States Code, are redesignated
as chapters 151, 153, 155, and 157, respectively.
SEC. 6305. DEFINITION OF RURAL AREA FOR PURPOSES OF THE
HOUSING ACT OF 1949.
The second sentence of section 520 of the Housing Act of
1949 (42 U.S.C. 1490) is amended--
(1) by striking ``or 2010 decennial census'' and inserting
``2010, or 2020 decennial census'';
(2) by striking ``December 31, 2010,'' and inserting
``December 31, 2020,'' ; and
(3) by striking ``year 2020'' and inserting ``year 2030''.
SEC. 6306. COUNCIL ON RURAL COMMUNITY INNOVATION AND ECONOMIC
DEVELOPMENT.
(a) Purpose.--The purpose of this section is to enhance the
efforts of the Federal Government to address the needs of
rural areas in the United States by--
(1) establishing a council to better coordinate Federal
programs directed to rural communities;
(2) maximizing the impact of Federal investment to promote
economic prosperity and quality of life in rural communities
in the United States; and
(3) using innovation to resolve local and regional
challenges faced by rural communities.
(b) Establishment.--
(1) There is established a Council on Rural Community
Innovation and Economic Development (referred to in this
section as the ``Council'').
(2) The Council shall be the successor to the Interagency
Task Force on Agriculture and Rural Prosperity established by
Executive Order 13790.
(c) Membership.--
(1) In general.--The membership of the Council shall be
composed of the heads of the following executive branch
departments, agencies, and offices:
(A) The Department of Agriculture.
(B) The Department of the Treasury.
(C) The Department of Defense.
(D) The Department of Justice.
(E) The Department of the Interior.
(F) The Department of Commerce.
(G) The Department of Labor.
(H) The Department of Health and Human Services.
(I) The Department of Housing and Urban Development.
(J) The Department of Transportation.
(K) The Department of Energy.
(L) The Department of Education.
(M) The Department of Veterans Affairs.
(N) The Department of Homeland Security.
(O) The Environmental Protection Agency.
(P) The Federal Communications Commission.
(Q) The Office of Management and Budget.
(R) The Office of Science and Technology Policy.
(S) The Office of National Drug Control Policy.
(T) The Council of Economic Advisers.
(U) The Domestic Policy Council.
(V) The National Economic Council.
(W) The Small Business Administration.
(X) The Council on Environmental Quality.
(Y) The White House Office of Public Engagement.
(Z) The White House Office of Cabinet Affairs.
(AA) Such other executive branch departments, agencies, and
offices as the President or the Secretary may, from time to
time, designate.
(2) Chair.--The Secretary shall serve as the Chair of the
Council.
(3) Designees.--A member of the Council may designate, to
perform the Council functions of the member, a senior-level
official who is--
(A) part of the department, agency, or office of the
member; and
(B) a full-time officer or employee of the Federal
Government.
(4) Administration.--The Council shall coordinate policy
development through the rural development mission area.
(d) Funding.--The Secretary shall provide funding and
administrative support for the Council to the extent
permitted by law and within existing appropriations.
(e) Mission and Function of the Council.--The Council shall
work across executive departments, agencies, and offices to
coordinate development of policy recommendations--
(1) to maximize the impact of Federal investment on rural
communities;
(2) to promote economic prosperity and quality of life in
rural communities; and
(3) to use innovation to resolve local and regional
challenges faced by rural communities.
(f) Duties.--The Council shall--
(1) make recommendations to the President, acting through
the Director of the Domestic Policy Council and the Director
of the National Economic Council, on streamlining and
leveraging Federal investments in rural areas, where
appropriate, to increase the impact of Federal dollars and
create economic opportunities to improve the quality of life
in rural areas in the United States;
(2) coordinate and increase the effectiveness of Federal
engagement with rural stakeholders, including agricultural
organizations, small businesses, education and training
institutions, health-care providers, telecommunications
services providers, electric service providers,
transportation providers, research and land grant
institutions, law enforcement, State, local, and tribal
governments, and nongovernmental organizations regarding the
needs of rural areas in the United States;
(3) coordinate Federal efforts directed toward the growth
and development of rural geographic regions that encompass
both metropolitan and nonmetropolitan areas;
(4) identify and facilitate rural economic opportunities
associated with energy development, outdoor recreation, and
other conservation related activities; and
(5) identify common economic and social challenges faced by
rural communities that could be served through--
(A) better coordination of existing Federal and non-Federal
resources; and
(B) innovative solutions utilizing governmental and
nongovernmental resources.
(g) Executive Departments and Agencies.--
(1) In general.--The heads of executive departments and
agencies shall assist and provide information to the Council,
consistent with applicable law, as may be necessary to carry
out the functions of the Council.
(2) Expenses.--Each executive department or agency shall be
responsible for paying any expenses of the executive
department or agency for participating in the Council.
(h) Council Working Groups.--
(1) In general.--The Council may establish, in addition to
the working groups established under paragraph (3), such
other working groups as necessary.
(2) Membership.--The Secretary shall include as members of
each working group such Council members, other heads of
Federal agencies (or their designees as defined in (d)(3)),
and non-Federal partners as determined appropriate to the
subject matter.
(3) Required working groups.--The working groups specified
in this paragraph are each of the following:
(A) The rural smart communities working group.--
(i) Establishment.--The Council shall establish a Rural
Smart Communities Working Group.
(ii) Duties.--The Rural Smart Communities Working Group
shall--
[[Page H9890]]
(I) not later than 1 year after the establishment of such
Working Group, submit to Congress a report describing efforts
of rural areas to integrate smart technology into their
communities to solve challenges relating to governance,
economic development, quality of life, or other relevant
rural issues, as determined by the Secretary; and
(II) create, publish, and maintain a resource guide
designed to assist States and other rural communities in
developing and implementing rural smart community programs.
(iii) Smart community defined.--For the purposes of this
subparagraph, the term ``smart community'' means a community
that has the ability to integrate multiple technological
solutions, in a secure fashion, to manage a community's
assets, including local government information systems,
schools, libraries, transportation systems, hospitals, power
plants, law enforcement, and other community services with
the goal of promoting quality of life through the use of
technology in ways that improve the efficiency of services
and meet residents' needs.
(B) Jobs accelerator working group.--
(i) Establishment.--The Council shall establish a Jobs
Accelerator Working Group.
(ii) Goals.--The Jobs Accelerator Working Group shall
support rural jobs accelerators (as defined in section
379I(a)(4) of the Consolidated Farm and Rural Development
Act)--
(I) to improve the ability of rural communities to create
high-wage jobs, accelerate the formation of new businesses
with high-growth potential, and strengthen regional
economies, including by helping to build capacity in the
applicable region to achieve those goals; and
(II) to help rural communities identify and maximize local
assets and connect to regional opportunities, networks, and
industry clusters that demonstrate high growth potential.
(iii) Duties.--The Jobs Accelerator Working Group shall--
(I) provide the public with available information and
technical assistance on Federal resources relevant to a
project and region;
(II) establish a Federal support team comprised of staff
from participating agencies in the working group that shall
provide coordinated and dedicated support services to rural
jobs accelerators; and
(III) provide opportunities for rural jobs accelerators to
share best practices and further collaborate with one
another.
Subtitle D--Additional Amendments to the Consolidated Farm and Rural
Development Act
SEC. 6401. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
Section 379H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008v) is amended to read as follows:
``SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any program under this
title or administered by the Secretary, acting through the
rural development mission area, as determined by the
Secretary (referred to in this section as a `covered
program'), the Secretary shall give priority to an
application for a project that, as determined and approved by
the Secretary--
``(1) meets the applicable eligibility requirements of this
title or the other applicable authorizing law;
``(2) will be carried out in a rural area; and
``(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis, to include
considerations for improving and expanding broadband services
as needed.
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve not more than 15 percent of the funds made
available for a fiscal year for covered programs for projects
that support the implementation of a strategic community
investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis.
``(2) Period.--Any funds reserved under paragraph (1) shall
only be reserved for the 1-year period beginning on the date
on which the funds were first made available, as determined
by the Secretary.
``(c) Approved Applications.--
``(1) In general.--Subject to paragraph (2), any applicant
who submitted an application under a covered program that was
approved before the date of enactment of this section may
amend the application to qualify for the funds reserved under
subsection (b).
``(2) Rural utilities.--Any applicant who submitted an
application under paragraph (2), (14), or (24) of section
306(a), or section 306A or 310B(b), that was approved by the
Secretary before the date of enactment of this section shall
be eligible for the funds reserved under subsection (b)--
``(A) on the same basis as an application submitted under
this section; and
``(B) until September 30, 2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance
to rural communities in developing strategic community
investment plans.
``(2) Plans.--A strategic community investment plan
described in paragraph (1) shall include--
``(A) a variety of activities designed to facilitate the
vision of a rural community for the future, including
considerations for improving and expanding broadband services
as needed;
``(B) participation by multiple stakeholders, including
local and regional partners;
``(C) leverage of applicable regional resources;
``(D) investment from strategic partners, such as--
``(i) private organizations;
``(ii) cooperatives;
``(iii) other government entities;
``(iv) Indian Tribes; and
``(v) philanthropic organizations;
``(E) clear objectives with the ability to establish
measurable performance metrics;
``(F) action steps for implementation; and
``(G) any other elements necessary to ensure that the plan
results in a comprehensive and strategic approach to rural
economic development, as determined by the Secretary.
``(3) Coordination.--The Secretary shall coordinate with
Indian Tribes and local, State, regional, and Federal
partners to develop strategic community investment plans
under this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.''.
SEC. 6402. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 343(a)(13) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``and guaranteed''; and
(B) in the text--
(i) by striking ``and guaranteed''; and
(ii) by striking ``(1), (2), and (24)'' and inserting ``(1)
and (2)''; and
(2) in subparagraph (C)--
(A) by striking ``and guaranteed''; and
(B) by striking ``(21), and (24)'' and inserting ``and
(21)''.
(b) Population Caps for Guaranteed Lending.--Section
306(a)(24) of such Act (7 U.S.C. 1926(a)(24)) is amended by
adding at the end the following:
``(D) Priority.--
``(i) Water or waste facility.--The Secretary shall
prioritize water and waste facility projects under this
paragraph in rural areas with a population of not more than
10,000 people.
``(ii) Community facility.--Of the funds made available to
carry out this paragraph for community facility loan
guarantees for a fiscal year the following amounts shall be
reserved for projects in rural areas with a population of not
more than 20,000 inhabitants:
``(I) 100 percent of the first $200,000,000 so made
available;
``(II) 50 percent of the next $200,000,000 so made
available; and
``(III) 25 percent of all amounts exceeding $400,000,000 so
made available,
except that, to the extent that the Secretary demonstrates
that the funds so reserved are not needed to finance a
community facility project in such a rural area, the
Secretary may use the funds for other community facility
projects in accordance with this paragraph.''.
SEC. 6403. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY
GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)) is amended--
(1) in clause (iii), by striking ``$100,000'' each place it
appears and inserting ``$200,000''; and
(2) in clause (vii), by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6404. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE
AND TRAINING PROGRAMS.
Section 306(a)(14) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(14)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
``(iv) identify options to enhance the long-term
sustainability of rural water and waste systems, including
operational practices, revenue enhancements, partnerships,
consolidation, regionalization, or contract services; and
``(v) address the contamination of drinking water and
surface water supplies by emerging contaminants, including
per- and polyfluoroalkyl substances.''; and
(2) in subparagraph (C)--
(A) by striking ``1 nor more than 3'' and inserting ``3
percent and not more than 5''; and
(B) by striking ``1 per centum'' and inserting ``3
percent''.
SEC. 6405. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by
striking ``$20,000,000 for fiscal year 2014 and each fiscal
year thereafter'' and inserting ``$25,000,000 for each of
fiscal years 2019 through 2023''.
SEC. 6406. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE
GRANT PROGRAM.
(a) In General.--Section 306A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926a) is amended--
(1) in subsection (b)(1), by striking ``; and'' and
inserting the following: ``, particularly to projects to
address contamination that--
``(A) poses a threat to human health or the environment;
and
``(B) was caused by circumstances beyond the control of the
applicant for a grant, including circumstances that occurred
over a period of time; and'';
[[Page H9891]]
(2) in subsection (d)(1)(D), by inserting ``, other than
those covered above for not to exceed 120 days when a more
permanent solution is not feasible in a shorter time frame.
Where drinking water supplies are inadequate due to an event,
as determined by the Secretary, including drought, severe
weather, or contamination, the Secretary may provide potable
water for an additional period of time not to exceed an
additional 120 days in order to protect public health''
before the period;
(3) in subsection (e)(1)(B), by striking ``according to the
most recent decennial census of the United States'';
(4) in subsection (f)(1), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``3 nor more than 5''
and inserting ``5 percent and not more than 7''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Release.--
``(i) In general.--Funds reserved under subparagraph (A)
for a fiscal year shall be reserved only until July 1 of the
fiscal year.
``(ii) Exception.--Notwithstanding clause (i), in response
to an eligible community where the drinking water supplies
are inadequate, as determined by the Secretary, due to an
event, including drought, severe weather, or contamination,
the Secretary may use funds described in subparagraph (A)
from July 1 through September 30 each fiscal year to provide
potable water under this section in order to protect public
health.''; and
(B) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2019 through 2023''.
(b) Interagency Task Force on Rural Water Quality.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall coordinate an
interagency task force to examine drinking water and surface
water contamination in rural communities, particularly rural
communities that are in close proximity to active or
decommissioned military installations in the United States.
(2) Membership.--The interagency task force shall consist
of--
(A) the Secretary;
(B) the Secretary of the Army, acting through the Chief of
Engineers;
(C) the Secretary of Health and Human Services, acting
through--
(i) the Director of the Agency for Toxic Substances and
Disease Registry; and
(ii) the Director of the Centers for Disease Control and
Prevention;
(D) the Secretary of Housing and Urban Development;
(E) the Secretary of the Interior, acting through--
(i) the Director of the United States Fish and Wildlife
Service; and
(ii) the Director of the United States Geological Survey;
(F) the Administrator of the Environmental Protection
Agency; and
(G) representatives from rural drinking and wastewater
entities, State and community regulators, and appropriate
scientific experts that reflect a diverse cross-section of
the rural communities described in paragraph (1).
(3) Report.--
(A) In general.--Not later than 360 days after the date of
enactment of this section, the task force shall submit to the
committees described in subparagraph (B) a report that--
(i) examines, and identifies issues relating to, water
contamination in rural communities, particularly rural
communities that are in close proximity to active or
decommissioned military installations in the United States;
(ii) reviews the extent to which Federal, State, and local
government agencies coordinate with one another to address
the issues identified under clause (i);
(iii) recommends how Federal, State, and local government
agencies can work together in the most effective, efficient,
and cost-effective manner practicable, to address the issues
identified under clause (i); and
(iv) recommends changes to existing statutory requirements,
regulatory requirements, or both, to improve interagency
coordination and responsiveness to address the issues
identified under clause (i).
(B) Committees described.--The committees referred to in
subparagraph (A) are--
(i) the Committee on Agriculture of the House of
Representatives;
(ii) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(iii) the Committee on Energy and Commerce of the House of
Representatives;
(iv) the Committee on Environment and Public Works of the
Senate;
(v) the Committee on Armed Services of the House of
Representatives; and
(vi) the Committee on Armed Services of the Senate.
SEC. 6408. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
Section 306D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d) is amended--
(1) in subsection (a), by striking ``Alaska for'' and
inserting ``Alaska, a consortium formed pursuant to section
325 of the Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1597),
and Native villages (as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)) for'';
(2) in subsection (b), by inserting ``for any grant awarded
under subsection (a)'' before the period at the end; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``Alaska'' and inserting
``Alaska, and not more than 2 percent of the amount made
available under paragraph (1) for a fiscal year may be used
by a consortium formed pursuant to section 325 of the
Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83; 111 Stat.
1597),''.
SEC. 6409. RURAL DECENTRALIZED WATER SYSTEMS.
Section 306E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926e) is amended--
(1) by striking the section heading and inserting ``rural
decentralized water systems'';
(2) in subsection (a), by striking ``100'' and inserting
``60'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and subgrants'' after ``loans''; and
(ii) by inserting ``and individually owned household
decentralized wastewater systems'' after ``well systems'';
(B) by striking paragraph (2) and inserting the following:
``(2) Terms and amounts.--
``(A) Terms of loans.--A loan made with grant funds under
this section--
``(i) shall have an interest rate of 1 percent; and
``(ii) shall have a term not to exceed 20 years.
``(B) Amounts.--A loan or subgrant made with grant funds
under this section shall not exceed $15,000 for each water
well system or decentralized wastewater system described in
paragraph (1).''; and
(C) by adding at the end the following:
``(4) Ground well water contamination.--In the event of
ground well water contamination, the Secretary shall allow a
loan or subgrant to be made with grant funds under this
section for the installation of water treatment where needed
beyond the point of entry, with or without the installation
of a new water well system.'';
(4) in subsection (c), by striking ``productive use of
individually-owned household water well systems'' and
inserting ``effective use of individually owned household
water well systems, individually owned household
decentralized wastewater systems,''; and
(5) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 6410. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(b)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6411. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6412. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) In General.--Section 310B(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1932(e)) is amended--
(1) in paragraph (10), by inserting ``(including research
and analysis based on data from the latest available Economic
Census conducted by the Bureau of the Census)'' after
``conduct research''; and
(2) in paragraph (13), by striking ``2018'' and inserting
``2023''.
(b) Technical Correction.--Section 310B(e)(11)(B)(i) of
such Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking
``(12)'' and inserting ``(13)''.
SEC. 6413. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD
PRODUCTS.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 6414. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS
PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(i)(4)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6415. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(j)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6416. INTEMEDIARY RELENDING PROGRAM.
Section 310H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1936b) is amended--
(1) by redesignating subsection (e) as subsection (i);
(2) by inserting after subsection (d) the following:
``(e) Limitation on Loan Amounts.--The maximum amount of a
loan by an eligible entity described in subsection (b) to
individuals and entities for a project under subsection (c),
including the unpaid balance of any existing loans, shall be
the lesser of--
``(1) $400,000; and
``(2) 50 percent of the loan to the eligible entity under
subsection (a).
``(f) Applications.--
``(1) In general.--To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described
in subsection (b) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Evaluation.--In evaluating applications submitted
under paragraph (1), the Secretary shall--
[[Page H9892]]
``(A)(i) take into consideration the previous performance
of an eligible entity in carrying out projects under
subsection (c); and
``(ii) in the case of satisfactory performance under clause
(i), require the eligible entity to contribute less equity
for subsequent loans without modifying the priority given to
subsequent applications; and
``(B) in assigning priorities to applications, require an
eligible entity to demonstrate that it has a governing or
advisory board made up of business, civic, and community
leaders who are representative of the communities of the
service area, without limitation to the size of the service
area.
``(g) Return of Equity.--The Secretary shall establish a
schedule that is consistent with the amortization schedules
of the portfolio of loans made or guaranteed under subsection
(a) for the return of any equity contribution made under this
section by an eligible entity described in subsection (b), if
the eligible entity is--
``(1) current on all principal and interest payments; and
``(2) in compliance with loan covenants.
``(h) Regulations.--The Secretary shall promulgate
regulations and establish procedures reducing the
administrative requirements on eligible entities described in
subsection (b), including regulations to carry out the
amendments made to this section by the Agriculture
Improvement Act of 2018.''; and
(3) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR
PARTICIPANTS IN CERTAIN RURAL HOUSING PROGRAMS.
Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981), as amended by section 6210(a) of this
Act, is amended by adding at the end the following:
``(f) Access to Information to Verify Income for
Participants in Certain Rural Housing Programs.--The
Secretary and the designees of the Secretary are hereby
granted the same access to information and subject to the
same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453 of the Social
Security Act (42 U.S.C. 653) and section 6103(l)(7)(D)(ix) of
the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(7)(D)(ix)) to verify income for individuals
participating in sections 502, 504, 521, and 542 of the
Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r),
notwithstanding section 453(l) of the Social Security Act.''.
SEC. 6418. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED LOANS
UNDER THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
Section 333 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) in the case of an insured or guaranteed loan issued
or modified under section 306(a), charge and collect from the
lender fees in such amounts as to bring down the costs of
subsidies for the insured or guaranteed loan, except that the
fees shall not act as a bar to participation in the programs
nor be inconsistent with current practices in the
marketplace.''.
SEC. 6419. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS
TECHNICAL ASSISTANCE AND TRAINING.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 367, as added by section 5306 of
this Act, the following:
``SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS
TECHNICAL ASSISTANCE AND TRAINING.
``(a) In General.--The Secretary may make grants to public
bodies, private nonprofit corporations, economic development
authorities, institutions of higher education, federally
recognized Indian Tribes, and rural cooperatives for the
purpose of providing or obtaining technical assistance and
training to support funding applications for programs carried
out by the Secretary, acting through the Administrator of the
Rural Business-Cooperative Service.
``(b) Purposes.--A grant under subsection (a) may be used--
``(1) to assist communities in identifying and planning for
business and economic development needs;
``(2) to identify public and private resources to finance
business and small and emerging business needs;
``(3) to prepare reports and surveys necessary to request
financial assistance for businesses in rural communities; and
``(4) to prepare applications for financial assistance.
``(c) Selection Priority.--In selecting recipients of
grants under this section, the Secretary shall give priority
to grants serving persistent poverty counties and high
poverty communities, as determined by the Secretary.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.
``(2) Availability.--Any amounts authorized to be
appropriated under paragraph (1) for any fiscal year that are
not appropriated for that fiscal year may be appropriated for
the immediately succeeding fiscal year.''.
SEC. 6420. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008m) is amended in each of subsections (g)(1)
and (h), by striking ``2018'' and inserting ``2023'' each
place it appears.
SEC. 6421. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008p(d)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6422. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s) is amended--
(1) in subsection (b)(4)(B)(ii)--
(A) in the clause heading, by striking ``Maximum amount''
and inserting ``Amount'';
(B) by inserting ``not less than 20 percent and'' before
``not more than 25 percent''; and
(C) by striking the period at the end and inserting the
following: ``, subject to--
``(I) satisfactory performance by the microenterprise
development organization under this section, and
``(II) the availability of funding.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 6423. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008u(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6424. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by adding at the end
the following:
``SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
rural jobs accelerator partnership established after the date
of enactment of this section that--
``(A) organizes key community and regional stakeholders
into a working group that--
``(i) focuses on the shared goals and needs of the industry
clusters that are objectively identified as existing,
emerging, or declining;
``(ii) represents a region defined by the partnership in
accordance with subparagraph (B);
``(iii) includes 1 or more representatives of--
``(I) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
``(II) a private entity; or
``(III) a government entity; and
``(iv) has, as a lead applicant--
``(I) a District Organization (as defined in section 300.3
of title 13, Code of Federal Regulations (or a successor
regulation));
``(II) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), or a consortium of Indian tribes;
``(III) a State or a political subdivision of a State,
including a special purpose unit of a State or local
government engaged in economic development activities, or a
consortium of political subdivisions;
``(IV) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) or a consortium of institutions of higher education;
or
``(V) a public or private nonprofit organization; and
``(B) subject to approval by the Secretary, may--
``(i) serve a region that is--
``(I) a single jurisdiction; or
``(II) if the region is a rural area, multijurisdictional;
and
``(ii) define the region that the partnership represents,
if the region--
``(I) is large enough to contain critical elements of the
industry cluster prioritized by the partnership;
``(II) is small enough to enable close collaboration among
members of the partnership;
``(III) includes a majority of communities that are located
in--
``(aa) a nonmetropolitan area that qualifies as a low-
income community (as defined in section 45D(e) of the
Internal Revenue Code of 1986); and
``(bb) an area that has access to or has a plan to achieve
broadband service (within the meaning of title VI of the
Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.));
and
``(IV)(aa) has a population of 50,000 or fewer inhabitants;
or
``(bb) for a region with a population of more than 50,000
inhabitants, is the subject of a positive determination by
the Secretary with respect to a rural-in-character petition,
including such a petition submitted concurrently with the
application of the partnership for a grant under this
section.
``(2) Industry cluster.--The term `industry cluster' means
a broadly defined network of interconnected firms and
supporting institutions in related industries that accelerate
innovation, business formation, and job creation by taking
advantage of assets and strengths of a region in the business
environment.
``(3) High-wage job.--The term `high-wage job' means a job
that provides a wage that is greater than the median wage for
the applicable region, as determined by the Secretary.
``(4) Jobs accelerator.--The term `jobs accelerator' means
a jobs accelerator center or program located in or serving a
low-income rural community that may provide co-working space,
in-demand skills training, entrepreneurship support, and any
other services described in subsection (d)(1)(B).
``(5) Small and disadvantaged business.--The term `small
and disadvantaged business' has the meaning given the term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' in section 8(d)(3)(C)
of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
[[Page H9893]]
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants, on a
competitive basis, to eligible entities to establish jobs
accelerators, including related programming, that--
``(A) improve the ability of distressed rural communities
to create high-wage jobs, accelerate the formation of new
businesses with high-growth potential, and strengthen
regional economies, including by helping to build capacity in
the applicable region to achieve those goals; and
``(B) help rural communities identify and maximize local
assets and connect to regional opportunities, networks, and
industry clusters that demonstrate high growth potential.
``(2) Cost-sharing.--
``(A) In general.--The Federal share of the cost of any
activity carried out using a grant made under paragraph (1)
shall be not greater than 80 percent.
``(B) In-kind contributions.--The non-Federal share of the
total cost of any activity carried out using a grant made
under paragraph (1) may be in the form of donations or in-
kind contributions of goods or services fairly valued.
``(3) Selection criteria.--In selecting eligible entities
to receive grants under paragraph (1), the Secretary shall
consider--
``(A) the commitment of participating core stakeholders in
the jobs accelerator partnership, including a demonstration
that--
``(i) investment organizations, including venture
development organizations, venture capital firms, revolving
loan funders, angel investment groups, community lenders,
community development financial institutions, rural business
investment companies, small business investment companies (as
defined in section 103 of the Small Business Investment Act
of 1958 (15 U.S.C. 662)), philanthropic organizations, and
other institutions focused on expanding access to capital,
are committed partners in the jobs accelerator partnership
and willing to potentially invest in projects emerging from
the jobs accelerator; and
``(ii) institutions of higher education, applied research
institutions, workforce development entities, and community-
based organizations are willing to partner with the jobs
accelerator to provide workers with skills relevant to the
industry cluster needs of the region, with an emphasis on the
use of on-the-job training, registered apprenticeships,
customized training, classroom occupational training, or
incumbent worker training;
``(B) the ability of the eligible entity to provide the
non-Federal share as required under paragraph (2);
``(C) the identification of a targeted industry cluster;
``(D) the ability of the partnership to link rural
communities to markets, networks, industry clusters, and
other regional opportunities and assets;
``(E) other grants or loans of the Secretary and other
Federal agencies that the jobs accelerator would be able to
leverage; and
``(F) prospects for the proposed center and related
programming to have sustainability beyond the full maximum
length of assistance under this subsection, including the
maximum number of renewals.
``(4) Grant term and renewals.--
``(A) Term.--The initial term of a grant under paragraph
(1) shall be 4 years.
``(B) Renewal.--The Secretary may extend the term of a
grant under paragraph (1) for an additional period of not
longer than 2 years if the Secretary is satisfied, using the
evaluation under subsection (e)(2), that the grant recipient
has successfully established a jobs accelerator and related
programming.
``(5) Geographic distribution.--To the maximum extent
practicable, the Secretary shall provide grants under
paragraph (1) for jobs accelerators and related programming
in not fewer than 25 States at any time.
``(c) Grant Amount.--A grant awarded under subsection (b)
may be in an amount equal to--
``(1) not less than $500,000; and
``(2) not more than $2,000,000.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), funds from a
grant awarded under subsection (b) may be used--
``(A) to construct, purchase, or equip a building to serve
as an innovation center;
``(B) to support programs to be carried out at, or in
direct partnership with, the jobs accelerator that support
the objectives of the jobs accelerator, including--
``(i) linking rural communities and entrepreneurs to
markets, networks, industry clusters, and other regional
opportunities to support high-wage job creation, new business
formation, business expansion, and economic growth;
``(ii) integrating small businesses into a supply chain;
``(iii) creating or expanding commercialization activities
for new business formation;
``(iv) identifying and building assets in rural communities
that are crucial to supporting regional economies;
``(v) facilitating the repatriation of high-wage jobs to
the United States;
``(vi) supporting the deployment of innovative processes,
technologies, and products;
``(vii) enhancing the capacity of small businesses in
regional industry clusters, including small and disadvantaged
businesses;
``(viii) increasing United States exports and business
interaction with international buyers and suppliers;
``(ix) developing the skills and expertise of local
workforces, entrepreneurs, and institutional partners to meet
the needs of employers and prepare workers for high-wage jobs
in the identified industry clusters, including the upskilling
of incumbent workers;
``(x) ensuring rural communities have the capacity and
ability to carry out projects relating to housing, community
facilities, infrastructure, or community and economic
development to support regional industry cluster growth; or
``(xi) any other activities that the Secretary may
determine to be appropriate.
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), not more
than 10 percent of a grant awarded under subsection (b) shall
be used for indirect costs associated with administering the
grant.
``(B) Increase.--The Secretary may increase the percentage
described in subparagraph (A) on a case-by-case basis.
``(e) Annual Activity Report and Evaluation.--Not later
than 1 year after receiving a grant under this section, and
annually thereafter for the duration of the grant, an
eligible entity shall--
``(1) report to the Secretary on the activities funded with
the grant; and
``(2)(A) evaluate the progress that the eligible entity has
made toward the strategic objectives identified in the
application for the grant; and
``(B) measure that progress using performance measures
during the project period, which may include--
``(i) high-wage jobs created;
``(ii) high-wage jobs retained;
``(iii) private investment leveraged;
``(iv) businesses improved;
``(v) new business formations;
``(vi) new products or services commercialized;
``(vii) improvement of the value of existing products or
services under development;
``(viii) regional collaboration, as measured by such
metrics as--
``(I) the number of organizations actively engaged in the
industry cluster;
``(II) the number of symposia held by the industry cluster,
including organizations that are not located in the immediate
region defined by the partnership; and
``(III) the number of further cooperative agreements;
``(ix) the number of education and training activities
relating to innovation;
``(x) the number of jobs relocated from outside of the
United States to the region;
``(xi) the amount and number of new equity investments in
industry cluster firms;
``(xii) the amount and number of new loans to industry
cluster firms;
``(xiii) the dollar increase in exports resulting from the
project activities;
``(xiv) the percentage of employees for which training was
provided;
``(xv) improvement in sales of participating businesses;
``(xvi) improvement in wages paid at participating
businesses;
``(xvii) improvement in income of participating workers; or
``(xviii) any other measure the Secretary determines to be
appropriate.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 6425. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-12(a)) is amended by striking ``2008 through 2018''
and inserting ``2019 through 2023''.
(b) Termination of Authority.--Section 382N of such Act (7
U.S.C. 2009aa-13) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 6426. RURAL BUSINESS INVESTMENT PROGRAM.
(a) Definitions.--Section 384A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``venture''; and
(B) by striking ``venture''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Equity capital.--The term `equity capital' means--
``(A) common or preferred stock or a similar instrument,
including subordinated debt with equity features; and
``(B) any other type of equity-like financing that might be
necessary to facilitate the purposes of this Act, excluding
financing such as senior debt or other types of financing
that competes with routine loanmaking of commercial
lenders.''.
(b) Purposes.--Section 384B of such Act (7 U.S.C. 2009cc-1)
is amended--
(1) in paragraph (1), by striking ``venture''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``venture''; and
(B) in subparagraph (B), by striking ``venture''.
(c) Selection of Rural Business Investment Companies.--
Section 384D(b)(1) of such Act (7 U.S.C. 2009cc-3(b)(1)) is
amended by striking ``developmental venture'' and inserting
``developmental''.
(d) Fees.--Section 384G of such Act (7 U.S.C. 2009cc-6) is
amended--
(1) in subsections (a) and (b), by striking ``a fee that
does not exceed $500'' each place it appears and inserting
``such fees as the Secretary considers appropriate, so long
as those fees are proportionally equal for each rural
business investment company,''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``solely to cover the
costs of licensing examinations'' and inserting ``as the
Secretary considers appropriate''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) shall be in such amounts as the Secretary considers
appropriate.''.
(e) Limitation on Rural Business Investment Companies
Controlled by Farm Credit
[[Page H9894]]
System Institutions.--Section 384J(c) of such Act (7 U.S.C.
2009cc-9(c)) is amended by striking ``25'' and inserting
``50''.
(f) Flexibility on Sources of Investment or Capital.--
Section 384J(a) of such Act (7 U.S.C. 2009cc-9(a)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the subsection designation and heading and
all that follows through ``Except as'' in the matter
preceding subparagraph (A) (as so redesignated) and inserting
the following:
``(a) Investment.--
``(1) In general.--Except as''; and
(3) by adding at the end the following:
``(2) Limitation on requirements.--The Secretary may not
require that an entity described in paragraph (1) provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment
company under section 384D(a).''.
SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009cc-18) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle E--Additional Amendments to the Rural Electrification Act of
1936
SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL
ELECTRIFICATION ACT OF 1936.
(a) Electric Loan Refinancing.--Section 2(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by
striking ``loans in'' and inserting ``loans, or refinance
loans made by the Secretary under this Act, in''.
(b) Technical Assistance for Rural Electrification Loans.--
Section 2 of such Act (7 U.S.C. 902) is amended by adding at
the end the following:
``(c) Technical Assistance.--Not later than 180 days after
the date of enactment of this subsection, the Secretary shall
enter into a memorandum of understanding with the Secretary
of Energy under which the Secretary of Energy shall provide
technical assistance to the Rural Utilities Service on loans
to be made under subsection (a) of this section and section
4(a).''.
SEC. 6502. LOANS FOR TELEPHONE SERVICE.
Section 201 of the Rural Electrification Act of 1936 (7
U.S.C. 922) is amended--
(1) by striking the section designation and all that
follows through ``From such sums'' and inserting the
following:
``SEC. 201. LOANS FOR TELEPHONE SERVICE.
``From such sums'';
(2) in the second sentence, by striking ``associations:''
and all that follows through ``same subscribers.'' and
inserting ``associations.''; and
(3) in the sixth sentence, by striking ``, nor shall such
loan be made in any State'' and all that follows through
``writing)'' in the seventh sentence and inserting the
following: ``and''.
SEC. 6503. CUSHION OF CREDIT PAYMENTS PROGRAM.
Section 313(a) of the Rural Electrification Act of 1936 (7
U.S.C. 940c(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) In general.--The'' and inserting the
following:
``(1) In general.--
``(A) Development and promotion of program.--The''; and
(B) by adding after and below the end the following:
``(B) Termination.--Effective on the date of enactment of
this subparagraph, no deposits may be made under subparagraph
(A).'';
(2) in paragraph (2)--
(A) by striking ``(2) Interest.--Amounts'' and inserting
the following:
``(2) Interest.--
``(A) In general.--Amounts''; and
(B) by adding after and below the end the following:
``(B) Reduction.--Notwithstanding subparagraph (A), amounts
in each cushion of credit account shall accrue interest to
the borrower at a rate equal to--
``(i) 4 percent per annum in fiscal year 2021; and
``(ii) the then applicable 1-year Treasury rate
thereafter.''; and
(3) in paragraph (3)--
(A) by striking ``(3) Balance.--A'' and inserting the
following:
``(3) Balance.--
``(A) In general.--A''; and
(B) by after and below the end the following:
``(B) Prepayment.--Notwithstanding subparagraph (A) and
subject to subparagraph (C), beginning on the date of the
enactment of this subparagraph and ending with September 30,
2020, a borrower may, at the sole discretion of the borrower,
reduce the balance of its cushion of credit account if the
amount obtained from the reduction is used to prepay loans
made or guaranteed under this Act.
``(C) No prepayment premium.--Notwithstanding any other
provision of this Act, no prepayment premium shall be imposed
or collected with respect to that portion of a loan that is
prepaid by a borrower in accordance with subparagraph (B).
``(D) Mandatory funding.--Notwithstanding section 504 of
the Federal Credit Reform Act of 1990, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall make available such sums as necessary to cover
any loan modification costs as defined in section 502 of such
Act.''.
SEC. 6504. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT LOAN
AND GRANT PROGRAM.
(a) Section 12(b)(3)(D) of the Rural Electrification Act of
1936 (7 U.S.C. 912(b)(3)(D)) is amended by striking
``313(b)(2)(A)'' and inserting ``313(b)(2)''.
(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is
amended--
(1) by striking all that precedes ``shall maintain'' and
inserting the following:
``(2) Rural economic development subaccount.--The
Secretary''; and
(2) by striking ``the 5 percent'' and all that follows
through subparagraph (E) and inserting ``5 percent.''.
(c) Title III of such Act (7 U.S.C. 931-940h) is amended by
inserting after section 313A the following:
``SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.
``(a) In General.--The Secretary shall provide grants or
zero interest loans to borrowers under this Act for the
purpose of promoting rural economic development and job
creation projects, including funding for project feasibility
studies, start-up costs, incubator projects, and other
reasonable expenses for the purpose of fostering rural
development.
``(b) Repayments.--In the case of zero interest loans, the
Secretary shall establish such reasonable repayment terms as
will encourage borrower participation.
``(c) Proceeds.--All proceeds from the repayment of such
loans made under this section shall be returned to the
subaccount that the Secretary shall maintain in accordance
with sections 313(b)(2) and 313B(f).
``(d) Number of Grants.--Loans and grants required under
this section shall be made to the full extent of the amounts
made available under subsection (e).
``(e) Funding.--
``(1) Discretionary funding.--In addition to other funds
that are available to carry out this section, there is
authorized to be appropriated not more than $10,000,000 for
each of fiscal years 2019 through 2023 to carry out this
section, to remain available until expended.
``(2) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall credit to the
subaccount to use for the cost of grants and loans under this
section $5,000,000 for each of fiscal years 2022 and 2023, to
remain available until expended.
``(3) Other funds.--In addition to the funds described in
paragraphs (1) and (2), the Secretary shall use, without
fiscal year limitation, to provide grants and loans under
this section--
``(A) the interest differential sums credited to the
subaccount described in subsection (c); and
``(B) subject to section 313A(e)(2), the fees described in
subsection (c)(4) of such section.
``(f) Maintenance of Account.--The Secretary shall maintain
the subaccount described in section 313(b)(2), as in effect
in fiscal year 2017, for purposes of carrying out this
section.''.
(d) Section 313A of the Rural Electrification Act of 1936
(7 U.S.C. 940c-1) is amended--
(1) in subsection (c)(4)--
(A) in subparagraph (A), by striking ``maintained under
section 313(b)(2)(A)'' and inserting ``that shall be
maintained as required by sections 313(b)(2) and 313B(f)'';
and
(B) in subparagraph (B), by striking ``313(b)(2)(B)'' and
inserting ``313(b)(2)''; and
(2) in subsection (e)(2), by striking ``maintained under
section 313(b)(2)(A)'' and inserting ``required to be
maintained by sections 313(b)(2) and 313B(f)''.
(e)(1) Subject to section 313B(e) of the Rural
Electrification Act of 1936 (as added by this section), the
Secretary of Agriculture shall carry out the loan and grant
program required under such section in the same manner as the
loan and grant program under section 313(b)(2) of such Act is
carried out on the day before the date of the enactment of
this Act, until such time as any regulations necessary to
carry out the amendments made by this section are fully
implemented.
(2) Paragraph (1) shall take effect on the date of the
enactment of this Act.
SEC. 6505. GUARANTEES FOR BONDS AND NOTES ISSUED FOR
ELECTRIFICATION OR TELEPHONE PURPOSES.
(a) In General.--Section 313A of the Rural Electrification
Act of 1936 (7 U.S.C. 940c-1) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and inserting the following:
``(1) Guarantees.--Subject to'';
(B) in paragraph (1) (as so designated), by striking
``basis'' and all that follows through the period at the end
and inserting ``basis, if the proceeds of the bonds or notes
are used to make utility infrastructure loans, or refinance
bonds or notes issued for those purposes, to a borrower that
has at any time received, or is eligible to receive, a loan
under this Act.''; and
(C) by adding at the end the following:
``(2) Terms.--A bond or note guaranteed under this section
shall, by agreement between the Secretary and the borrower--
``(A) be for a term of 30 years (or another term of years
that the Secretary determines is appropriate); and
``(B) be repaid by the borrower--
``(i) in periodic installments of principal and interest;
``(ii) in periodic installments of interest and, at the end
of the term of the bond or note, as applicable, by the
repayment of the outstanding principal; or
``(iii) through a combination of the methods described in
clauses (i) and (ii).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``electrification'' and
all that follows through the period at the end and inserting
``purposes described in subsection (a)(1).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), by striking ``for electrification
or telephone purposes'' and inserting ``for eligible purposes
described in subsection (a)(1)''; and
[[Page H9895]]
(ii) in subparagraph (C), by striking ``subsection (a)''
and inserting ``subsection (a)(1)''; and
(3) in subsection (f), by striking ``2018'' and inserting
``2023''.
(b) Administration.--Beginning on the date of enactment of
the Agriculture Improvement Act of 2018, the Secretary shall
continue to carry out section 313A of the Rural
Electrification Act of 1936 (7 U.S.C. 940c-1) (as amended by
subsection (a)) under a Notice of Solicitation of
Applications until the date on which any regulations
necessary to carry out the amendments made by subsection (a)
are fully implemented.
SEC. 6506. EXPANSION OF 911 ACCESS.
Section 315 of the Rural Electrification Act of 1936 (7
U.S.C. 940e) is amended--
(1) in subsection (a)(2), by striking ``commercial or
transportation'' and inserting ``critical transportation-
related''; and
(2) in subsection (d), by striking ``2018'' and inserting
``2023''.
SEC. 6507. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
Title III of the Rural Electrification Act of 1936 (7
U.S.C. 931 et seq.) is amended by adding at the end the
following:
``SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
``(a) Definition of Cybersecurity and Grid Security
Improvements.--In this section, the term `cybersecurity and
grid security improvements' means investment in the
development, expansion, and modernization of rural utility
infrastructure that addresses known cybersecurity and grid
security risks.
``(b) Loans and Loan Guarantees.--The Secretary may make or
guarantee loans under this title and title I for
cybersecurity and grid security improvements.''.
Subtitle F--Program Repeals
SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.
(a) Consolidated Farm and Rural Development Act.--
(1) Repealers.--The following provisions of the
Consolidated Farm and Rural Development Act are hereby
repealed:
(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B) Section 310B(f) (7 U.S.C. 1932(f)).
(C) Section 379 (7 U.S.C. 2008n).
(D) Section 379A (7 U.S.C. 2008o).
(E) Section 379C (7 U.S.C. 2008q).
(F) Section 379D (7 U.S.C. 2008r).
(G) Section 379F (7 U.S.C. 2008t).
(H) Subtitle I (7 U.S.C. 2009dd-2009dd-7).
(2) Conforming amendment.--Section 333A(h) of such Act (7
U.S.C. 1983a(h)) is amended by striking ``310B(f),''.
(b) Rural Electrification Act of 1936.--Section 314 of the
Rural Electrification Act of 1936 (7 U.S.C. 940d) is hereby
repealed.
SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.
(a) Repeal.--Title IV of the Rural Electrification Act of
1936 (7 U.S.C. 941-950b) is repealed.
(b) Conforming Amendments.--
(1) Section 18 of such Act (7 U.S.C. 918) is amended in
each of subsections (a) and (b) by striking ``and the
Governor of the telephone bank''.
(2) Section 204 of such Act (7 U.S.C. 925) is amended by
striking ``and the Governor of the telephone bank''.
(3) Section 205(a) of such Act (7 U.S.C. 926) is amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank''; and
(B) in paragraph (2), by striking ``or the Governor of the
telephone bank''.
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is
amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank'';
(B) by striking paragraph (1);
(C) in paragraph (4), by striking ``or 408''; and
(D) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is
amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank'';
(B) in paragraph (1), by striking ``, or a Rural Telephone
Bank loan,''; and
(C) in paragraph (2), by striking ``, the Rural Telephone
Bank,''.
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is
amended--
(A) by striking ``305,'' and inserting ``305 or''; and
(B) by striking ``, or a loan under section 408,''.
(7) Section 301 of such Act (7 U.S.C. 931) is amended--
(A) in paragraph (3), by striking ``except for net
collection proceeds previously appropriated for the purchase
of class A stock in the Rural Telephone Bank,'';
(B) by adding ``or'' at the end of paragraph (4);
(C) by striking ``; and'' at the end of paragraph (5) and
inserting a period; and
(D) by striking paragraph (6).
(8) Section 305(d)(2)(B) of such Act (7 U.S.C.
935(d)(2)(B)) is amended--
(A) in clause (i), by striking ``and a loan under section
408''; and
(B) in clause (ii), by striking ``and under section 408''
each place it appears.
(9) Section 305(d)(3)(C) of such Act (7 U.S.C.
935(d)(3)(C)) is amended by striking ``and section
408(b)(4)(C), the Secretary and the Governor of the telephone
bank'' and inserting ``the Secretary''.
(10) Section 306 of such Act (7 U.S.C. 936) is amended by
striking ``the Rural Telephone Bank, National Rural Utilities
Cooperative Finance Corporation,'' and inserting ``the
National Rural Utilities Cooperative Finance Corporation''.
(11) Section 309 of such Act (7 U.S.C. 739) is amended by
striking the last sentence.
(12) Section 2352(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 901 note) is
amended by striking ``the Rural Telephone Bank and''.
(13) The first section of Public Law 92-12 (7 U.S.C. 921a)
is repealed.
(14) The first section of Public Law 92-324 (7 U.S.C. 921b)
is repealed.
(15) Section 1414 of the Omnibus Budget Reconciliation Act
of 1987 (7 U.S.C. 944a) is repealed.
(16) Section 1411 of the Omnibus Budget Reconciliation Act
of 1987 (7 U.S.C. 948 notes) is amended by striking
subsections (a) and (b).
(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2129(b)(1)(A)) is amended by striking ``or a loan
or loan commitment from the Rural Telephone Bank,''.
(18) Section 105(d) of the National Consumer Cooperative
Bank Act (12 U.S.C. 3015(d)) is amended by striking ``the
Rural Telephone Bank,''.
(19) Section 9101 of title 31, United States Code, is
amended--
(A) in paragraph (2), by striking subparagraph (H) and
redesignating subparagraphs (I), (J), and (K) as
subparagraphs (H), (I), and (J), respectively; and
(B) in paragraph (3), by striking subparagraphs (K) and (O)
and redesignating subparagraphs (L) through (N) and (P)
through (R) as subparagraphs (K) through (P), respectively.
(20) Section 9108(d)(2) of title 31, United States Code, is
amended by striking ``the Rural Telephone Bank (when the
ownership, control, and operation of the Bank are converted
under section 410(a) of the Rural Electrification Act of 1936
(7 U.S.C. 950(a))),''.
SEC. 6603. AMENDMENTS TO LOCAL TV ACT.
The Launching Our Communities' Access to Local Television
Act of 2000 (title X of H.R. 5548 of the 106th Congress, as
enacted by section 1(a)(2) of Public Law 106-553; 114 Stat.
2762A-128) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE X--SATELLITE CARRIER RETRANSMISSION ELIGIBILITY'';
(2) by striking sections 1001 through 1007 and 1009 through
1012; and
(3) by redesignating section 1008 as section 1001.
Subtitle G--Technical Corrections
SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT.
(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by
inserting after ``nonprofit corporations'' the following: ``,
Indian Tribes (as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act)''.
(2) The amendment made by this subsection shall take effect
as if included in section 773 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (H.R. 5426 of the 106th
Congress, as enacted by Public Law 106-387 (114 Stat. 1549A-
45)) in lieu of the amendment made by such section.
(b)(1) Section 309A(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a(b)) is amended by striking
``and section 308''.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 661(c)(2) of the
Federal Agricultural Improvement and Reform Act of 1996
(Public Law 104-127).
(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended
by striking ``and'' after the semicolon and inserting ``or''.
(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by
inserting ``, except that the Secretary shall not require
non-Federal financial support in an amount that is greater
than 5 percent in the case of a 1994 institution (as defined
in section 532 of the Equity in Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382))'' before
the period at the end.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 6015 of the Farm
Security and Rural Investment Act of 2002 (Public Law 107-
171).
(e)(1) Section 381E(d)(3) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009d(d)(3)) is amended by
striking subparagraph (A) and redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B), respectively.
(2) The amendment made by paragraph (1) shall take effect
as if included in the enactment of section 6012(b) of the
Agricultural Act of 2014 (Public Law 113-79).
(f)(1) Section 382A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa) is amended by adding at the
end the following:
``(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating
States in the Delta Regional Authority.''.
(2) The amendment made by this subsection shall take effect
as if included in the enactment of section 153(b) of division
B of H.R. 5666, as introduced in the 106th Congress, and as
enacted by section 1(4) of the Consolidated Appropriations
Act, 2001 (Appendix D of Public Law 106-554; 114 Stat. 2763A-
252).
(g) Section 382E(a)(1)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended
by moving clause (iv) 2 ems to the right.
[[Page H9896]]
(h) Section 383G(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-5(c)) is amended--
(1) in the subsection heading by striking
``Telecommunication Renewable Energy,,'' and inserting
``Telecommunication, Renewable Energy,''; and
(2) in the text, by striking ``,,'' and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION
ACT OF 1936.
Section 201 of the Rural Electrification Act of 1936 (7
U.S.C. 922) is amended--
(1) in the 3rd sentence by striking ``wildest'' and
inserting ``widest''; and
(2) in the 6th sentence, by striking ``centifies'' and
inserting ``certifies''.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1402 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) support international collaboration that leverages
resources and advances priority food and agricultural
interests of the United States, such as--
``(A) addressing emerging plant and animal diseases;
``(B) improving crop varieties and animal breeds; and
``(C) developing safe, efficient, and nutritious food
systems.''.
SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) In General.--Section 1404(14) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103(14)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Definition.--The terms `NLGCA Institution' and `non-
land-grant college of agriculture' mean a public college or
university offering a baccalaureate or higher degree in the
study of agricultural sciences, forestry, or both in any area
of study specified in clause (ii).
``(ii) Clarification.--For purposes of clause (i), an area
of study specified in this clause is any of the following:
``(I) Agriculture.
``(II) Agricultural business and management.
``(III) Agricultural economics.
``(IV) Agricultural mechanization.
``(V) Agricultural production operations.
``(VI) Aquaculture.
``(VII) Agricultural and food products processing.
``(VIII) Agricultural and domestic animal services.
``(IX) Equestrian or equine studies.
``(X) Applied horticulture or horticulture operations.
``(XI) Ornamental horticulture.
``(XII) Greenhouse operations and management.
``(XIII) Turf and turfgrass management.
``(XIV) Plant nursery operations and management.
``(XV) Floriculture or floristry operations and management.
``(XVI) International agriculture.
``(XVII) Agricultural public services.
``(XVIII) Agricultural and extension education services.
``(XIX) Agricultural communication or agricultural
journalism.
``(XX) Animal sciences.
``(XXI) Food science.
``(XXII) Plant sciences.
``(XXIII) Soil sciences.
``(XXIV) Forestry.
``(XXV) Forest sciences and biology.
``(XXVI) Natural resources or conservation.
``(XXVII) Natural resources management and policy.
``(XXVIII) Natural resource economics.
``(XXIX) Urban forestry.
``(XXX) Wood science and wood products or pulp or paper
technology.
``(XXXI) Range science and management.
``(XXXII) Agricultural engineering.
``(XXXIII) Any other area, as determined appropriate by the
Secretary.''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by inserting ``any
institution designated under'' after ``include'';
(B) by striking clause (i); and
(C) in clause (ii)--
(i) by striking ``(ii) any institution designated under--
'';
(ii) by striking subclause (IV);
(iii) in subclause (II), by adding ``or'' at the end;
(iv) in subclause (III), by striking ``; or'' at the end
and inserting a period; and
(v) by redesignating subclauses (I), (II), and (III) (as so
amended) as clauses (i), (ii), and (iii), respectively, and
by moving the margins of such clauses (as so redesignated)
two ems to the left.
(b) Designation Review.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall establish a
process to review each designated NLGCA Institution (as
defined in section 1404(14)(A) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103(14)(A))) to ensure compliance with such section,
as amended by this subsection.
(2) Revocation.--An NLGCA Institution that the Secretary
determines under subparagraph (A) to be not in compliance
shall have the designation of such institution revoked.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION,
EDUCATION, AND ECONOMICS ADVISORY BOARD.
Section 1408 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``25'' and inserting
``15''; and
(B) by amending paragraph (3) to read as follows:
``(3) Membership categories.--The Advisory Board shall
consist of members from each of the following categories:
``(A) 3 members representing national farm or producer
organizations, which may include members--
``(i) representing farm cooperatives;
``(ii) who are producers actively engaged in the production
of a food animal commodity and who are recommended by a
coalition of national livestock organizations;
``(iii) who are producers actively engaged in the
production of a plant commodity and who are recommended by a
coalition of national crop organizations; or
``(iv) who are producers actively engaged in aquaculture
and who are recommended by a coalition of national
aquacultural organizations.
``(B) 2 members representing academic or research
societies, which may include members representing--
``(i) a national food animal science society;
``(ii) a national crop, soil, agronomy, horticulture, plant
pathology, or weed science society;
``(iii) a national food science organization;
``(iv) a national human health association; or
``(v) a national nutritional science society.
``(C) 5 members representing agricultural research,
extension, and education, which shall include each of the
following:
``(i) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of July
2, 1862 (7 U.S.C. 301 et seq.).
``(ii) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
University.
``(iii) 1 member representing the 1994 Institutions (as
defined in section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-
382)).
``(iv) 1 member representing NLGCA Institutions or
Hispanic-serving institutions.
``(v) 1 member representing American colleges of veterinary
medicine.
``(D) 5 members representing industry, consumer, or rural
interests, including members representing--
``(i) entities engaged in transportation of food and
agricultural products to domestic and foreign markets;
``(ii) food retailing and marketing interests;
``(iii) food and fiber processors;
``(iv) rural economic development interests;
``(v) a national consumer interest group;
``(vi) a national forestry group;
``(vii) a national conservation or natural resource group;
``(viii) a national social science association;
``(ix) private sector organizations involved in
international development; or
``(x) a national association of agricultural economists.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``review and'' and inserting ``make recommendations, review,
and'';
(ii) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) long-term and short-term national policies and
priorities consistent with the--
``(i) purposes specified in section 1402 for agricultural
research, extension, education, and economics; and
``(ii) priority areas of the Agriculture and Food Research
Initiative specified in subsection (b)(2) of the Competitive,
Special, and Facilities Research Grant Act (7 U.S.C.
3157(b)(2));''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) the annual establishment of national priorities that
are in accordance with the priority areas of the Agriculture
and Food Research Initiative specified in subsection (b)(2)
of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 3157(b)(2)).'';
(B) in paragraph (2), by inserting ``and make
recommendations to the Secretary based on such evaluation''
after ``priorities''; and
(C) in paragraph (4), by inserting ``and make
recommendations on'' after ``review''; and
(3) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a(a)(2)) is amended--
(1) in subparagraph (A), by striking ``speciality'' and
inserting ``specialty'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking ``9''
and inserting ``11''; and
(B) in clause (i), by striking ``Three'' and inserting
``Five''; and
(3) in subparagraph (D), by striking ``2018'' and inserting
``2023''.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research,
Extension, and Teaching Policy Act of
[[Page H9897]]
1977 (7 U.S.C. 3121 et seq.) is amended by striking section
1408B.
SEC. 7106. VETERINARY SERVICES GRANT PROGRAM.
Section 1415B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151b)
is amended--
(1) in subsection (d)(1), by adding at the end the
following:
``(F) To expose students in grades 11 and 12 to education
and career opportunities in food animal medicine.''; and
(2) in subsection (h)--
(A) by striking the subsection designation and heading and
inserting the following:
``(h) Authorization of Appropriations.--
``(1) In general.--''; and
(B) by adding at the end the following:
``(2) Priority.--From amounts made available for grants
under this section, the Secretary shall prioritize grant
awards for programs or activities with a focus on the
practice of food animal medicine. ''.
SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE
SCIENCES EDUCATION.
Section 1417(m)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3152(m)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING
INSTITUTIONS AND NATIVE HAWAIIAN SERVING
INSTITUTIONS.
Section 1419B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156) is
amended--
(1) in subsection (a)(3), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(3), by striking ``2018'' and
inserting ``2023''.
SEC. 7110. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
Subtitle C of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et
seq.) is amended by adding at the end the following:
``SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY
CHALLENGE.
``(a) In General.--The Secretary shall establish a next
generation agriculture technology challenge competition to
provide an incentive for the development of innovative mobile
technology that removes barriers to entry in the marketplace
for beginning farmers and ranchers (as defined in subsection
(a) of section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279)).
``(b) Amount.--The Secretary may award not more than
$1,000,000 in the aggregate to 1 or more winners of the
competition under subsection (a).''.
SEC. 7111. LAND-GRANT DESIGNATION.
Subtitle C of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et
seq.), as amended by section 7110, is further amended by
adding at the end the following new section:
``SEC. 1419D. LAND-GRANT DESIGNATION.
``(a) Prohibition on Designation.--
``(1) In general.--Notwithstanding any other provision of
law and except as provided in paragraphs (2) and (3),
beginning on the date of the enactment of this section, no
additional entity may be designated as eligible to receive
funds under a covered program.
``(2) 1994 institutions.--The prohibition under paragraph
(1) with respect to the designation of an entity eligible to
receive funds under a covered program shall not apply in the
case of the certification of a 1994 Institution under section
2 of Public Law 87-788 (commonly known as the ``McIntire-
Stennis Cooperative Forestry Act'') (16 U.S.C. 582a-1).
``(3) Extraordinary circumstances.--In the case of
extraordinary circumstances or a situation that would lead to
an inequitable result, as determined by the Secretary, the
Secretary may determine that an entity designated after the
date of enactment of this section is eligible to receive
funds under a covered program.
``(b) State Funding.--No State shall receive an increase in
funding under a covered program as a result of the State's
designation of additional entities as eligible to receive
such funding.
``(c) Covered Program Defined.--For purposes of this
section, the term `covered program' means agricultural
research, extension, education, and related programs or
grants established or available under any of the following:
``(1) Subsections (b), (c), and (d) of section 3 of the
Smith-Lever Act (7 U.S.C. 343).
``(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) Sections 1444, 1445, and 1447.
``(4) Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
``(d) Rule of Construction.--Nothing in this section shall
be construed as limiting eligibility for a capacity and
infrastructure program specified in section 251(f)(1)(C) of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(C)) that is not a covered program.''.
SEC. 7112. NUTRITION EDUCATION PROGRAM.
Section 1425 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) is
amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Coordination.--Projects carried out with funds made
available under section 3(d) of the Act of May 8, 1914 (7
U.S.C. 343(d)), to carry out the program established under
subsection (b) may be coordinated with the nutrition
education and obesity prevention grant program under section
28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) or
another health promotion or nutrition improvement strategy,
whether publicly or privately funded, as determined by the
Secretary.''; and
(3) in subsection (g) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 7113. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH
PROGRAMS.
Section 1433(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3195(c)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7114. CARRYOVER OF FUNDS FOR EXTENSION AT 1890 LAND-
GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Section 1444(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a))
is amended by striking paragraph (4).
SEC. 7115. EXTENSION AND AGRICULTURAL RESEARCH AT 1890 LAND-
GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
(a) Extension.--Section 1444(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221(b)) is amended--
(1) in the undesignated matter following paragraph (2)(B)--
(A) by striking ``paragraph (2) of this subsection'' and
inserting ``this paragraph''; and
(B) by striking ``In computing'' and inserting the
following:
``(C) In computing'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``Of the remainder''
and inserting ``Except as provided in paragraph (4), of the
remainder''; and
(B) by striking ``(2) any funds'' and inserting the
following:
``(3) Additional amount.--Any funds'';
(3) in paragraph (1)--
(A) by striking ``are allocated'' and inserting ``were
allocated''; and
(B) by striking ``; and'' and inserting ``, as so
designated as of that date.'';
(4) by striking ``(b) Beginning'' in the matter preceding
paragraph (1) and all that follows through ``any funds'' in
paragraph (1) and inserting the following:
``(b) Distribution of Funds.--
``(1) In general.--Funds made available under this section
shall be distributed among eligible institutions in
accordance with this subsection.
``(2) Base amount.--Any funds''; and
(5) by adding at the end the following:
``(4) Special amounts.--
``(A) Definitions.--In this paragraph:
``(i) Covered fiscal year.--The term `covered fiscal year'
means the fiscal year for which the qualified eligible
institution first received an allocation of $3,000,000 under
subparagraph (B)(i).
``(ii) Other eligible institution.--The term `other
eligible institution' means an eligible institution, other
than the qualified eligible institution, receiving an
allocation of funds under this section.
``(iii) Qualified eligible institution.--The term
`qualified eligible institution' means the eligible
institution described in subparagraph (B)(i).
``(B) Fiscal year 2019, 2020, 2021, or 2022.--
``(i) In general.--Subject to clause (ii), for 1 of fiscal
year 2019, 2020, 2021, or 2022, if the calculation under
paragraph (3)(B) would result in a distribution for a fiscal
year of less than $3,000,000 to an eligible institution that
first received funds under this section on a date occurring
after the date of enactment of the Agricultural Act of 2014
(Public Law 113-79; 128 Stat. 649) and before September 30,
2018, that institution shall receive an allocation of
$3,000,000 for that fiscal year.
``(ii) Limitation.--Clause (i) shall apply only if amounts
are appropriated under this section in an amount sufficient
to provide that each other eligible institution receiving an
allocation of funds under this section for fiscal year 2019,
2020, 2021, or 2022, as applicable, receives not less than
the amount of funds received by that other eligible
institution under this section for the preceding fiscal year.
``(C) Subsequent fiscal years.--
``(i) Minimum additional funding amounts.--Subject to
clauses (ii) and (iii), for each fiscal year following the
covered fiscal year--
``(I) the qualified eligible institution shall receive an
allocation under this subsection of at least $3,000,000; and
``(II) each other eligible institution shall receive an
allocation under this subsection of at least the amount
received by such other eligible institution under this
subsection for the covered fiscal year.
``(ii) Shortfall of special amounts.--
``(I) Applicability.--This clause shall apply to any fiscal
year following the covered fiscal year and for which the
total amount appropriated under this section is insufficient
to provide for the minimum additional funding amounts
described in clause (i).
``(II) Reductions in allocations.--In the case of a fiscal
year to which this clause applies, reductions in allocations
shall be made proportionally from the qualified eligible
institution and from each other eligible institution based on
the increased amounts (if any) that the qualified eligible
institution and each other eligible institution were
allocated for the covered fiscal year as compared to the
fiscal year immediately preceding the covered fiscal year.
``(iii) Effect of census.--Clauses (i) and (ii) shall not
apply in any fiscal year for which a
[[Page H9898]]
shortfall in the minimum additional funding amounts described
in clause (i) is attributable to the incorporation of new
census data into the calculation under paragraph (3), as
determined by the Secretary.''.
(b) Research.--Section 1445(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3222(b)) is amended--
(1) in paragraph (2)--
(A) by adding at the end the following:
``(D) Special amounts.--
``(i) Definitions.--In this subparagraph:
``(I) Covered fiscal year.--The term `covered fiscal year'
means the fiscal year for which the qualified eligible
institution first received an allocation of $3,000,000 under
clause (ii)(I).
``(II) Other eligible institution.--The term `other
eligible institution' means an eligible institution, other
than the qualified eligible institution, receiving an
allocation of funds under this section.
``(III) Qualified eligible institution.--The term
`qualified eligible institution' means the eligible
institution described in clause (ii)(I).
``(ii) Fiscal year 2019, 2020, 2021, or 2022.--
``(I) In general.--Subject to subclause (II), for 1 of
fiscal year 2019, 2020, 2021, or 2022, if the calculation
under subparagraph (C) would result in a distribution for a
fiscal year of less than $3,000,000 to an eligible
institution that first received funds under this section on a
date occurring after the date of enactment of the
Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 649)
and before September 30, 2018, that institution shall receive
an allocation of $3,000,000 for that fiscal year.
``(II) Limitation.--Subclause (I) shall apply only if
amounts are appropriated under this section in an amount
sufficient to provide that each other eligible institution
receiving an allocation of funds under this section for
fiscal year 2019, 2020, 2021, or 2022, as applicable,
receives not less than the amount of funds received by that
other eligible institution under this section for the
preceding fiscal year.
``(iii) Subsequent fiscal years.--
``(I) Minimum additional funding amounts.--Subject to
subclauses (II) and (III), for each fiscal year following the
covered fiscal year--
``(aa) the qualified eligible institution shall receive an
allocation under this paragraph of at least $3,000,000; and
``(bb) each other eligible institution shall receive an
allocation under this paragraph of at least the amount
received by such other eligible institution under this
subsection for the covered fiscal year.
``(II) Shortfall of special amounts.--
``(aa) Applicability.--This subclause shall apply to any
fiscal year following the covered fiscal year and for which
the total amount appropriated under this subsection is
insufficient to provide for the minimum additional funding
amounts described in subclause (I).
``(bb) Reductions in allocations.--In the case of a fiscal
year to which this subclause applies, reductions in
allocations shall be made proportionally from the qualified
eligible institution and from each other eligible institution
based on the increased amounts (if any) that the qualified
eligible institution and each other eligible institution were
allocated for the covered fiscal year as compared to the
fiscal year immediately preceding the covered fiscal year.
``(III) Effect of census.--Subclauses (I) and (II) shall
not apply in any fiscal year for which a shortfall in the
minimum additional funding amounts described in subclause (I)
is attributable to the incorporation of new census data into
the calculation under paragraph (3)(C), as determined by the
Secretary.'';
(B) in subparagraph (B), by striking ``(B) Of funds'' and
inserting the following:
``(C) Additional amount.--Except as provided in
subparagraph (D), of funds'';
(C) in subparagraph (A)--
(i) by striking ``are allocated'' and inserting ``were
allocated'';
(ii) by inserting ``, as so designated as of that date''
before the period at the end; and
(iii) by striking ``(A) Funds'' and inserting the
following:
``(B) Base amount.--Funds''; and
(D) in the matter preceding subparagraph (B) (as so
designated), by striking ``(2) The'' and all that follows
through ``follows:'' and inserting the following:
``(3) Distributions.--
``(A) In general.--After allocating amounts under paragraph
(2), the remainder shall be allotted among the eligible
institutions in accordance with this paragraph.'';
(2) in paragraph (1), by striking ``(1) Three per centum''
and inserting the following:
``(2) Administration.--3 percent''; and
(3) in the matter preceding paragraph (2) (as so
designated), by striking ``(b) Beginning'' and all that
follows through ``follows:'' and inserting the following:
``(b) Distribution of Funds.--
``(1) In general.--Funds made available under this section
shall be distributed among eligible institutions in
accordance with this subsection.''.
SEC. 7116. REPORTS ON DISBURSEMENT OF FUNDS FOR AGRICULTURAL
RESEARCH AND EXTENSION AT 1862 AND 1890 LAND-
GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Not later than September 30, 2019, and each year
thereafter, the Secretary shall annually submit to Congress a
report describing the allocations made to, and matching funds
received by, 1890 Institutions and 1862 Institutions (as
those terms are defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601) for each of the agricultural research,
extension, education, and related programs established
under--
(1) section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);
(2) section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222);
(3) subsections (b) and (c) of section 3 of the Smith-Lever
Act (7 U.S.C. 343); and
(4) the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
SEC. 7117. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
Subtitle G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 is amended by
inserting after section 1445 (7 U.S.C. 3222) the following
new section:
``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
``(a) In General.--
``(1) Scholarship grant program established.--The Secretary
shall make grants to each college or university eligible to
receive funds under the Act of August 30, 1890 (commonly
known as the Second Morrill Act; 7 U.S.C. 322 et seq.),
including Tuskegee University, for purposes of awarding
scholarships to individuals who--
``(A) have been accepted for admission at such college or
university;
``(B) will be enrolled at such college or university not
later than one year after the date of such acceptance; and
``(C) intend to pursue a career in the food and
agricultural sciences, including a career in--
``(i) agribusiness;
``(ii) energy and renewable fuels; or
``(iii) financial management.
``(2) Condition.--The Secretary may only award a grant
under this subsection to a college or university described in
paragraph (1) if the Secretary determines that such college
or university has established a competitive scholarship
awards process for the award of scholarships to individuals
described in such paragraph.
``(3) Annual limitation.--Of the funds made available under
subsection (b)(1), the Secretary may use not more than
$10,000,000 to award grants under this subsection for the
academic year beginning on July 1, 2020, and each of the
three succeeding academic years.
``(4) Amount of grant.--Each grant made under this section
shall be in an amount of not less than $500,000.
``(b) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to
carry out this section $40,000,000 not later than October 1,
2019, to remain available until expended.
``(2) Discretionary funding.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out this section $10,000,000 for each
of fiscal years 2020 through 2023.
``(3) Administrative expenses.--Of the funds made available
under paragraphs (1) and (2) to carry out this section for a
fiscal year, not more than 4 percent may be used for expenses
related to administering the program under this section.
``(c) Report.--Beginning on the date that is two years
after the date on which the first grant is awarded under
subsection (a), and every two years thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report detailing--
``(1) the amount of funds provided to each eligible college
or university under this section;
``(2) the number of scholarships awarded under each grant
each fiscal year; and
``(3) the amount of each such scholarship.''.
SEC. 7118. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES
FACILITIES AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
Section 1447(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222b(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7119. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AND EQUIPMENT AT INSULAR AREA LAND-
GRANT INSTITUTIONS.
Section 1447B(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2(d)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7120. NEW BEGINNING FOR TRIBAL STUDENTS.
Subtitle G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221 et
seq.) is amended by adding at the end the following:
``SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS.
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)).
``(2) Land-grant college or university.--The term `land-
grant college or university' includes a 1994 Institution (as
defined in section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301
note)).
``(3) Tribal student.--The term `Tribal student' means a
student at a land-grant college or university that is a
member of an Indian tribe.
``(b) New Beginning Initiative.--
``(1) Authorization.--The Secretary may make competitive
grants to land-grant colleges and universities to provide
identifiable support specifically targeted for Tribal
students.
``(2) Application.--A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(3) Use of funds.--A land-grant college or university
that receives a grant under this section shall use the grant
funds to support Tribal students through--
[[Page H9899]]
``(A) recruiting;
``(B) tuition and related fees;
``(C) experiential learning; and
``(D) student services, including--
``(i) tutoring;
``(ii) counseling;
``(iii) academic advising; and
``(iv) other student services that would increase the
retention and graduation rate of Tribal students enrolled at
the land-grant college or university, as determined by the
Secretary.
``(4) Matching funds.--A land-grant college or university
that receives a grant under this section shall provide
matching funds toward the cost of carrying out the activities
described in this section in an amount equal to not less than
100 percent of the grant award.
``(5) Maximum amount per state.--No State shall receive,
through grants made under this section to land-grant colleges
and universities located in the State, more than $500,000 per
year.
``(c) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Indian Affairs of the Senate a report that
includes an itemized list of grant funds distributed under
this section, including the specific form of assistance
provided under subsection (b)(3), and the number of Tribal
students assisted and the graduation rate of Tribal students
at land-grant colleges and universities receiving grants
under this section.
``(d) Authorization of Appropriation.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7121. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7122. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT.
Section 1458(e) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e))
is amended--
(1) in the subsection heading, by striking ``Full Payment
of Funds Made Available for Certain'' and inserting
``Certain'' ;
(2) by striking ``Notwithstanding'' and inserting the
following:
``(1) Full payment of funds.--Notwithstanding'';
(3) in paragraph (1) (as so designated)--
(A) by striking ``Israel-United States'' and inserting
``United States-Israel''; and
(B) by inserting ``(referred to in this subsection as the
`BARD Fund')'' after ``Development Fund''; and
(4) by adding at the end the following:
``(2) Activities.--Activities under the BARD Fund to
promote and support agricultural research and development
that are of mutual benefit to the United States and Israel
shall--
``(A) accelerate the demonstration, development, and
application of agricultural solutions resulting from or
relating to BARD Fund programs, including BARD Fund-sponsored
research and innovations in drip irrigation, pesticides,
aquaculture, livestock, poultry, disease control, and farm
equipment; and
``(B) encourage research carried out by governmental,
nongovernmental, and private entities, including through
collaboration with colleges and universities, research
institutions, and the private sector.''.
SEC. 7123. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1458
(7 U.S.C. 3291) the following:
``SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
``(a) Definitions.--In this section:
``(1) 1862 institution; 1890 institution; 1994
institution.--The terms `1862 Institution', `1890
Institution', and `1994 Institution' have the meanings given
the terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
``(2) Covered institution.--The term `covered Institution'
means--
``(A) an 1862 Institution;
``(B) an 1890 Institution;
``(C) a 1994 Institution;
``(D) an NLGCA Institution;
``(E) a Hispanic-serving agricultural college or
university; and
``(F) a cooperating forestry school.
``(3) Developing country.--The term `developing country'
means a country, as determined by the Secretary using a gross
national income per capita test selected by the Secretary.
``(4) International partner institution.--The term
`international partner institution' means an agricultural
higher education institution in a developing country that is
performing, or desiring to perform, activities similar to
agricultural research, extension, and teaching activities
carried out through covered Institutions in the United
States.
``(b) Authority of the Secretary.--The Secretary may
promote cooperation and coordination between covered
Institutions and international partner institutions through--
``(1) improving extension by--
``(A) encouraging the exchange of research materials and
results between covered Institutions and international
partner institutions;
``(B) facilitating the broad dissemination of agricultural
research through extension; and
``(C) assisting with efforts to plan and initiate extension
services in developing countries;
``(2) improving agricultural research by--
``(A) in partnership with international partner
institutions, encouraging research that addresses problems
affecting food production and security, human nutrition,
agriculture, forestry, livestock, and fisheries, including
local challenges; and
``(B) supporting and strengthening national agricultural
research systems in developing countries;
``(3) supporting the participation of covered Institutions
in programs of international organizations, such as the
United Nations, the World Bank, regional development banks,
and international agricultural research centers;
``(4) improving agricultural teaching and education by--
``(A) in partnership with international partner
institutions, supporting education and teaching relating to
food and agricultural sciences, including technical
assistance, degree training, research collaborations,
classroom instruction, workforce training, and education
programs; and
``(B) assisting with efforts to increase student capacity,
including to encourage equitable access for women and other
underserved populations, at international partner
institutions by promoting partnerships with, and improving
the capacity of, covered Institutions;
``(5) assisting covered Institutions in strengthening their
capacity for food, agricultural, and related research,
extension, and teaching programs relevant to agricultural
development activities in developing countries to promote the
application of new technology to improve education delivery;
``(6) providing support for the internationalization of
resident instruction programs of covered Institutions;
``(7) establishing a program, to be coordinated by the
Director of the National Institute of Food and Agriculture
and the Administrator of the Foreign Agricultural Service, to
place interns from covered Institutions in, or in service to
benefit, developing countries; and
``(8) establishing a program to provide fellowships to
students at covered Institutions to study at foreign
agricultural colleges and universities.
``(c) Enhancing Linkages.--The Secretary shall enhance the
linkages among covered Institutions, the Federal Government,
international research centers, counterpart research,
extension, and teaching agencies and institutions in
developed countries and developing countries--
``(1) to carry out the activities described in subsection
(b); and
``(2) to make a substantial contribution to the cause of
improved food and agricultural progress throughout the world.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7124. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL
SCIENCE AND EDUCATION PROGRAMS.
Section 1459A(c)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b(c)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7125. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL
RESEARCH, EDUCATION, AND EXTENSION PROGRAMS.
Section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310) is
amended--
(1) in subsection (a), by striking ``22 percent'' and
inserting ``30 percent'';
(2) in subsection (b), by striking ``Subsection (a)'' and
inserting ``Subsections (a) and (c)''; and
(3) by adding at the end the following:
``(c) Treatment of Subgrants.--In the case of a grant
described in subsection (a), the limitation on indirect costs
specified in such subsection shall be applied to both the
initial grant award and any subgrant of the Federal funds
provided under the initial grant award so that the total of
all indirect costs charged against the total of the Federal
funds provided under the initial grant award does not exceed
such limitation.''.
SEC. 7126. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1462
(7 U.S.C. 3310) the following new section:
``SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
``(a) In General.--The Secretary may make competitive
grants for the acquisition of special purpose scientific
research equipment for use in the food and agricultural
sciences programs of eligible institutions.
``(b) Maximum Amount.--The amount of a grant made to an
eligible institution under this section may not exceed
$500,000.
``(c) Prohibition on Charge or Equipment as Indirect
Costs.--The cost of acquisition or depreciation of equipment
purchased with a grant under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an eligible
institution.
``(d) Eligible Institutions Defined.--In this section, the
term `eligible institution' means--
``(1) a college or university; or
``(2) a State cooperative institution.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7127. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is
amended by striking ``2018'' each place it appears in
subsections (a) and (b) and inserting ``2023''.
[[Page H9900]]
SEC. 7128. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
Section 1473D of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d)
is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``crops,'' and inserting ``crops (including
canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational purposes and as
a habitat for honey bees and other pollinators'' after
``alternative crops''; and
(B) by striking ``commodities whose'' and all that follows
through the period at the end and inserting ``commodities.'';
(3) in subsection (c)(3)(E), by inserting ``(including hemp
(as defined in section 297A of the Agricultural Marketing Act
of 1946))'' after ``material''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) $2,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e)
is amended--
(1) in subsection (b)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) precision agriculture.''; and
(2) in subsection (d), by striking ``2008 through 2012''
and inserting ``2019 through 2023''.
SEC. 7131. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319i(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7132. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY PILOT.
Subtitle K of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310 et
seq.) is amended by adding at the end the following:
``SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY PILOT.
``(a) Definitions.--In this section:
``(1) Advanced research and development.--The term
`advanced research and development' means research and
development activities used to address research challenges in
agriculture and food through--
``(A) targeted acceleration of novel, early stage
innovative agricultural research with promising technology
applications and products; or
``(B) development of qualified products and projects,
agricultural technologies, or innovative research tools,
which may include--
``(i) prototype testing, preclinical development, or field
experimental use;
``(ii) assessing and assisting with product approval,
clearance, or need for a license under an applicable law, as
determined by the Director; or
``(iii) manufacturing and commercialization of a product.
``(2) Agricultural technology.--The term `agricultural
technology' means machinery and other equipment engineered
for an applicable and novel use in agriculture, natural
resources, and food relating to the research and development
of qualified products and projects.
``(3) Director.--The term `Director' means the Director of
the Agriculture Advanced Research and Development Authority
established under subsection (b)(1).
``(4) Other transaction.--The term `other transaction'
means a transaction other than a procurement contract, grant,
or cooperative agreement, including a transaction described
in subsection (b)(6)(A).
``(5) Person.--The term `person' means--
``(A) an individual;
``(B) a partnership;
``(C) a corporation;
``(D) an association;
``(E) an entity;
``(F) a public or private corporation;
``(G) a Federal, State, or local government agency or
department; and
``(H) an institution of higher education, including a land-
grant college or university and a non-land-grant college of
agriculture.
``(6) Qualified product or project.--The term `qualified
product or project' means--
``(A) engineering, mechanization, or technology
improvements that will address challenges relating to
growing, harvesting, handling, processing, storing, packing,
and distribution of agricultural products;
``(B) plant disease or plant pest recovery countermeasures
to intentional or unintentional biological threats (including
naturally occurring threats), including--
``(i) replacement or resistant plant cultivars or
varieties;
``(ii) other enhanced management strategies, including
novel chemical, biological, or cultural approaches; or
``(iii) diagnostic or surveillance technology; and
``(C) veterinary countermeasures to intentional or
unintentional biological threats (including naturally
occurring threats), including--
``(i) animal vaccine or therapeutic products (including
anti-infective products); or
``(ii) diagnostic or surveillance technology.
``(7) Research tool.--The term `research tool' means a
device, technology, procedure, biological material, reagent,
computer system, computer software, or analytical technique
that is developed to assist in the discovery, development, or
manufacture of a qualified product or project.
``(b) Agriculture Advanced Research and Development
Authority.--
``(1) Establishment.--There is established within the
Department of Agriculture a pilot program that shall be known
as the Agriculture Advanced Research and Development
Authority (referred to in this section as the `AGARDA') to
carry out advanced research and development.
``(2) Goals.--The goals of the AGARDA are--
``(A) to develop and deploy advanced solutions to prevent,
prepare, and protect against unintentional and intentional
threats to agriculture and food in the United States;
``(B) to overcome barriers in the development of
agricultural technologies, research tools, and qualified
products and projects that enhance export competitiveness,
environmental sustainability, and resilience to extreme
weather;
``(C) to ensure that the United States maintains and
enhances its position as a leader in developing and deploying
agricultural technologies, research tools, and qualified
projects and products that increase economic opportunities
and security for farmers, ranchers, and rural communities;
and
``(D) to undertake advanced research and development in
areas in which industry by itself is not likely to do so
because of the technological or financial uncertainty.
``(3) Leadership.--
``(A) In general.--The AGARDA shall be a component of the
Office of the Chief Scientist.
``(B) Director.--
``(i) In general.--The AGARDA shall be headed by a
Director, who shall be appointed by the Chief Scientist.
``(ii) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
exceptionally qualified to advise the Chief Scientist on, and
manage advanced research and development programs and other
matters pertaining to--
``(I) qualified products and projects;
``(II) agricultural technologies;
``(III) research tools; and
``(IV) challenges relating to the matters described in
subclauses (I) through (III).
``(iii) Relationship within the department of
agriculture.--The Director shall report to the Chief
Scientist.
``(4) Duties.--To achieve the goals described in paragraph
(2), the Secretary, acting through the Director, shall
accelerate advanced research and development by--
``(A) identifying and promoting advances in basic sciences;
``(B) translating scientific discoveries and inventions
into technological innovations;
``(C) collaborating with other agencies, relevant
industries, academia, international agencies, the Foundation
for Food and Agriculture Research, and other relevant persons
to carry out the goals described in paragraph (2), including
convening, at a minimum, annual meetings or working groups to
demonstrate the operation and effectiveness of advanced
research and development of qualified products and projects,
agricultural technologies, and research tools;
``(D) conducting ongoing searches for, and support calls
for, potential advanced research and development of
agricultural technologies, qualified products and projects,
and research tools;
``(E) awarding grants and entering into contracts,
cooperative agreements, or other transactions under paragraph
(6) for advanced research and development of agricultural
technology, qualified products and projects, and research
tools;
``(F) establishing issue-based multidisciplinary teams to
reduce the time and cost of solving specific problems that--
``(i) are composed of representatives from Federal and
State agencies, professional groups, academia, and industry;
``(ii) seek novel and effective solutions; and
``(iii) encourage data sharing and translation of research
to field use; and
``(G) serving as a resource for interested persons
regarding requirements under relevant laws that impact the
development, commercialization, and technology transfer of
qualified products and projects, agricultural technologies,
and research tools.
``(5) Priority.--In awarding grants and entering into
contracts, cooperative agreements, or other transactions
under paragraph (4)(E), the Secretary shall give priority to
projects that accelerate the advanced research and
development of qualified products and projects that--
``(A) address critical research and development needs for
technology for specialty crops; or
``(B) prevent, protect, and prepare against intentional and
unintentional threats to agriculture and food.
``(6) Other transaction authorities.--
``(A) In general.--In carrying out the pilot program under
this section, the Secretary shall have the authority to enter
into other transactions in the same manner and subject to the
same terms and conditions as transactions that the Secretary
of Defense may enter into under section 2371 of title 10,
United States Code.
``(B) Scope.--The authority of the Secretary to enter into
contracts, cooperative agreements, and other transactions
under this subsection shall be in addition to the authorities
under this
[[Page H9901]]
Act and title I of the Department of Agriculture and Related
Agencies Appropriation Act, 1964 (7 U.S.C. 3318a), to use
contracts, cooperative agreements, and grants in carrying out
the pilot program under this section.
``(C) Guidelines.--The Secretary shall establish guidelines
regarding the use of the authority under subparagraph (A).
``(D) Technology transfer.--In entering into other
transactions, the Secretary may negotiate terms for
technology transfer in the same manner as a Federal
laboratory under paragraphs (1) through (4) of section 12(b)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(b)).
``(7) Availability of data.--
``(A) In general.--The Secretary shall require that, as a
condition of being awarded a contract or grant or entering
into a cooperative agreement or other transaction under
paragraph (4)(E), a person shall make available to the
Secretary on an ongoing basis, and submit to the Secretary on
request of the Secretary, all data relating to or resulting
from the activities carried out by the person pursuant to
this section.
``(B) Exemption from disclosure.--
``(i) In general.--This subparagraph shall be considered a
statute described in section 552(b)(3)(B) of title 5, United
States Code.
``(ii) Exemption.--The following information shall be
exempt from disclosure under section 552 of title 5, United
States Code, and withheld from the public:
``(I) Specific technical data or scientific information
that is created or obtained under this section that reveals
significant and not otherwise publicly known vulnerabilities
of existing agriculture and food defenses against biological,
chemical, nuclear, or radiological threats.
``(II) Trade secrets or commercial or financial information
that is privileged or confidential (within the meaning of
section 552(b)(4) of title 5, United States Code) and
obtained in the conduct of research or as a result of
activities under this section from a non-Federal party
participating in a contract, grant, cooperative agreement, or
other transaction under this section.
``(iii) Limitation.--Information that results from research
and development activities conducted under this section and
that would be a trade secret or commercial or financial
information that is privileged or confidential if the
information had been obtained from a non-Federal party
participating in a cooperative agreement or other transaction
shall be withheld from disclosure under subchapter II of
chapter 5 of title 5, United States Code, for 5 years.
``(8) Milestone-based payments allowed.--In awarding
contracts and grants and entering into cooperative agreements
or other transactions under paragraph (4)(E), the Secretary
may--
``(A) use milestone-based awards and payments; and
``(B) terminate a project for not meeting technical
milestones.
``(9) Use of existing personnel authorities.--In carrying
out this subsection, the Secretary may appoint highly
qualified individuals to scientific or professional positions
on the same terms and conditions as provided in subsections
(b)(3), (b)(4), (c), (d), (e), and (f) of section 620 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7657).
``(10) Report and evaluation.--
``(A) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report examining the actions undertaken and
results generated by the AGARDA.
``(B) Evaluation.--After the date on which the AGARDA has
been in operation for 3 years, the Comptroller General of the
United States shall conduct an evaluation--
``(i) to be completed and submitted to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate not
later than 1 year after the date on which the Comptroller
General began conducting the evaluation;
``(ii) describing the extent to which the AGARDA is
achieving the goals described in paragraph (2); and
``(iii) including a recommendation on whether the AGARDA
should be continued, terminated, or expanded.
``(c) Strategic Plan.--
``(1) In general.--Not later than 360 days after the date
of enactment of this section, the Secretary shall develop and
make publicly available a strategic plan describing the
strategic vision that the AGARDA shall use--
``(A) to make determinations for future investments during
the period of effectiveness of this section; and
``(B) to achieve the goals described in subsection (b)(2).
``(2) Dissemination.--The Secretary shall disseminate the
information contained in the strategic plan under paragraph
(1) to persons who may have the capacity to substantially
contribute to the activities described in that strategic
plan.
``(3) Coordination; consultation.--The Secretary shall--
``(A) update and coordinate the strategic coordination plan
under section 221(d)(7) of the Department of Agriculture
Reorganization Act of 1994 with the strategic plan developed
under paragraph (1) for activities relating to agriculture
and food defense countermeasure development and procurement;
and
``(B) in developing the strategic plan under paragraph (1),
consult with--
``(i) the National Agricultural Research, Extension,
Education, and Economics Advisory Board established under
section 1408(a);
``(ii) the specialty crops committee established under
section 1408A(a)(1);
``(iii) relevant agriculture research agencies of the
Federal Government;
``(iv) the National Academies of Sciences, Engineering, and
Medicine;
``(v) the National Veterinary Stockpile Intra-Government
Advisory Committee for Strategic Steering; and
``(vi) other appropriate parties, as determined by the
Secretary.
``(d) Funds.--
``(1) Establishment.--There is established in the Treasury
the Agriculture Advanced Research and Development Fund, which
shall be administered by the Secretary, acting through the
Director--
``(A) for the purpose of carrying out this section; and
``(B) in the same manner and subject to the same terms and
conditions as are applicable to the Secretary of Defense
under section 2371 of title 10, United States Code.
``(2) Deposits into fund.--
``(A) In general.--The Secretary, acting through the
Director, may accept and deposit into the Fund monies
received pursuant to cost recovery, contribution, or royalty
payments under a contract, grant, cooperative agreement, or
other transaction under this section.
``(B) Availability of amounts in fund.--Amounts deposited
into the fund shall remain available until expended, without
further appropriation, and may be used to carry out the
purposes of this section.
``(C) Clarification.--Nothing in this paragraph authorizes
the use of the funds of the Commodity Credit Corporation to
carry out this section.
``(3) Funding.--In addition to funds otherwise deposited in
the Fund under paragraph (1) or (2), there is authorized to
be appropriated to the Fund $50,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.
``(e) Termination of Effectiveness.--
``(1) In general.--Except as provided under paragraph (2),
the authority provided by this section terminates on the date
that is 5 years after the date of the enactment of the
Agriculture Improvement Act of 2018.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to--
``(A) subsection (b)(7)(B); and
``(B) grants awarded or contracts, cooperative agreements,
or other transactions entered into before the end of the 5-
year period referred to in such clause.''.
SEC. 7133. AQUACULTURE ASSISTANCE PROGRAMS.
Section 1477(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3324(a)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7134. RANGELAND RESEARCH PROGRAMS.
Section 1483(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3336(a)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7135. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND
RESPONSE.
Section 1484 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) $30,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``and cooperative agreements'' after ``competitive grants'';
(B) in paragraph (3), by striking ``make competitive
grants'' and inserting ``award competitive grants and
cooperative agreements''; and
(C) by adding at the end the following new paragraph:
``(5) To coordinate the tactical science activities of the
Research, Education, and Economics mission area of the
Department that protect the integrity, reliability,
sustainability, and profitability of the food and
agricultural system of the United States against biosecurity
threats from pests, diseases, contaminants, and disasters.''.
SEC. 7136. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS
PROGRAM FOR INSULAR AREA INSTITUTIONS OF HIGHER
EDUCATION.
(a) Distance Education Grants for Insular Areas.--Section
1490(f)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is
amended by striking ``2018'' and inserting ``2023''.
(b) Resident Instruction Grants for Insular Areas.--Section
1491(c)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is
amended by striking ``2018'' and inserting ``2023''.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5814) is amended in the first
sentence by striking ``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND
TRANSFER PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
[[Page H9902]]
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR
COLLECTION ASSESSMENT AND UTILIZATION PLAN.
(a) In General.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop and implement a national strategic germplasm
and cultivar collection assessment and utilization plan that
takes into consideration the resources and research necessary
to address the significant backlog of characterization and
maintenance of existing accessions considered to be critical
to preserve the viability of, and public access to, germplasm
and cultivars; and''.
(b) Plan Publication.--Section 1633 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5842) is amended by adding at the end the following:
``(f) Plan Publication.--On completion of the development
of the plan described in section 1632(d)(6), the Secretary
shall make the plan available to the public.''.
SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Advisory Council.--Section 1634 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5843) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence of paragraph (1) (as so
designated), by striking ``The advisory'' and inserting the
following:
``(2) Membership.--The advisory'';
(C) in paragraph (2) (as so designated), by striking
``nine'' and inserting ``13''; and
(D) by adding at the end the following:
``(3) Recommendations.--
``(A) In general.--In making recommendations under
paragraph (1), the advisory council shall include
recommendations on--
``(i) the state of public cultivar development, including--
``(I) an analysis of existing cultivar research
investments;
``(II) the research gaps relating to the development of
cultivars across a diverse range of crops; and
``(III) an assessment of the state of commercialization of
federally funded cultivars;
``(ii) the training and resources needed to meet future
breeding challenges;
``(iii) the appropriate levels of Federal funding for
cultivar development for underserved crops and geographic
areas; and
``(iv) the development of the plan described in section
1632(d)(6).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Two-thirds'' and inserting ``6''; and
(ii) by inserting ``economics and policy,'' after
``agricultural sciences,'';
(B) in paragraph (2)--
(i) by striking ``One-third'' and inserting ``3''; and
(ii) by inserting ``community development,'' after ``public
policy,''; and
(C) by adding at the end the following:
``(3) 4 of the members shall be appointed from among
individuals with expertise in public cultivar and animal
breed development.
``(4) 4 of the members shall be appointed from among
individuals representing--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(C) Hispanic-serving institutions (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
``(D) 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)).''.
(b) Authorization of Appropriations.--Section 1635(b)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5844(b)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7207. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) is amended--
(1) in the section heading, by inserting ``to phenome''
after ``genome'';
(2) by striking subsection (a) and inserting the following:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes
of crops and animals of importance to the agriculture sector
of the United States;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of
specific varieties of crops and species of animals in order
to provide greater accuracy in predicting crop and animal
performance under variable conditions;
``(3) to support research that leverages plant and animal
genomic information with phenotypic and environmental data
through an interdisciplinary framework, leading to a novel
understanding of plant and animal processes that affect
growth, productivity, and the ability to predict performance,
which will result in the deployment of superior varieties and
species to producers and improved crop and animal management
recommendations for farmers and ranchers;
``(4) to catalyze and coordinate research that links
genomics and predictive phenomics at different sites across
the United States to achieve advances in crops and animals
that generate societal benefits;
``(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with
computation and informatics, statistics, and engineering;
``(6) to combine fields such as genetics, genomics, animal
physiology, meat science, animal nutrition, and veterinary
science with computation and informatics, statistics, and
engineering;
``(7) to focus on crops and animals that will yield
scientifically important results that will enhance the
usefulness of many other crops and animals;
``(8) to build on genomic research, such as the Plant
Genome Research Project and the National Animal Genome
Research Program, to understand gene function in production
environments that is expected to have considerable returns
for crops and animals of importance to the agriculture of the
United States;
``(9) to develop improved data analytics to enhance
understanding of the biological function of genes;
``(10) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to
any confidentiality requirements imposed by law; and
``(11) to encourage international partnerships with each
partner country responsible for financing its own
research.'';
(3) by striking subsection (b) and inserting the following:
``(b) Duties of Secretary.--The Secretary of Agriculture
(referred to in this section as the `Secretary') shall
conduct a research initiative, to be known as the
`Agricultural Genome to Phenome Initiative', for the purpose
of--
``(1) studying agriculturally significant crops and animals
in production environments to achieve sustainable and secure
agricultural production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop and animal genetics and phenomics are
filled;
``(3) identifying and developing a functional understanding
of relevant genes from animals and agronomically relevant
genes from crops that are of importance to the agriculture
sector of the United States;
``(4) ensuring future genetic improvement of crops and
animals of importance to the agriculture sector of the United
States;
``(5) studying the relevance of diverse germplasm as a
source of unique genes that may be of importance in the
future;
``(6) enhancing genetics to reduce the economic impact of
pathogens on crops and animals of importance to the
agriculture sector of the United States;
``(7) disseminating findings to relevant audiences; and
``(8) otherwise carrying out this section.'';
(4) in subsection (c)(1), by inserting ``, acting through
the National Institute of Food and Agriculture,'' after ``The
Secretary'';
(5) in subsection (e), by inserting ``to Phenome'' after
``Genome''; and
(6) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925) is amended--
(1) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``Alfalfa and forage'' and
inserting ``Alfalfa seed and alfalfa forage systems'';
(ii) by striking ``alfalfa and forage'' and inserting
``alfalfa seed and alfalfa forage systems''; and
(iii) by striking ``alfalfa and other forages, and'' and
inserting ``alfalfa seed and other alfalfa forage''; and
(B) by adding at the end the following new paragraphs:
``(11) Macadamia tree health initiative.--Research and
extension grants may be made under this section for the
purposes of--
``(A) developing and disseminating science-based tools and
treatments to combat the macadamia felted coccid (Eriococcus
ironsidei); and
``(B) establishing an areawide integrated pest management
program in areas affected by, or areas at risk of being
affected by, the macadamia felted coccid.
``(12) National turfgrass research initiative.--Research
and extension grants may be made under this section for the
purposes of--
``(A) carrying out or enhancing research related to
turfgrass and sod issues;
``(B) enhancing production and uses of turfgrass for the
general public;
``(C) identifying new turfgrass varieties with superior
drought, heat, cold, and pest tolerance to reduce water,
fertilizer, and pesticide use;
``(D) selecting genetically superior turfgrasses and
developing improved technologies for managing commercial,
residential, and recreational turfgrass areas;
``(E) producing turfgrasses that--
``(i) aid in mitigating soil erosion;
``(ii) protect against pollutant runoff into waterways; or
[[Page H9903]]
``(iii) provide other environmental benefits;
``(F) investigating, preserving, and protecting native
plant species, including grasses not currently utilized in
turfgrass systems;
``(G) creating systems for more economical and viable
turfgrass seed and sod production throughout the United
States; and
``(H) investigating the turfgrass phytobiome and developing
biologic products to enhance soil, enrich plants, and
mitigate pests.
``(13) Fertilizer management initiative.--
``(A) In general.--Research and extension grants may be
made under this section for the purpose of carrying out
research to improve fertilizer use efficiency in crops--
``(i) to maximize crop yield; and
``(ii) to minimize nutrient losses to surface and
groundwater and the atmosphere.
``(B) Priority.--In awarding grants under subparagraph (A),
the Secretary shall give priority to research examining the
impact of the source, rate, timing, and placement of plant
nutrients.
``(14) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever
ticks--
``(A) to facilitate the understanding of the role of
wildlife in the persistence and spread of cattle fever ticks;
``(B) to develop advanced methods for eradication of cattle
fever ticks, including--
``(i) alternative treatment methods for cattle and other
susceptible species;
``(ii) field treatment for premises, including corral pens
and pasture loafing areas;
``(iii) methods for treatment and control on infested
wildlife;
``(iv) biological control agents; and
``(v) new and improved vaccines;
``(C) to evaluate rangeland vegetation that impacts the
survival of cattle fever ticks;
``(D) to improve management of diseases relating to cattle
fever ticks that are associated with wildlife, livestock, and
human health;
``(E) to improve diagnostic detection of tick-infested or
infected animals and pastures; and
``(F) to conduct outreach to impacted ranchers, hunters,
and landowners to integrate tactics and document
sustainability of best practices.
``(15) Laying hen and turkey research program.--Research
grants may be made under this section for the purpose of
improving the efficiency and sustainability of laying hen and
turkey production through integrated, collaborative research
and technology transfer. Emphasis may be placed on laying hen
and turkey disease prevention, antimicrobial resistance,
nutrition, gut health, and alternative housing systems under
extreme seasonal weather conditions.
``(16) Chronic wasting disease.--Research and extension
grants may be made under this section for the purposes of
supporting research projects at land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) with established deer research programs
for the purposes of treating, mitigating, or eliminating
chronic wasting disease.
``(17) Algae agriculture research program.--Research and
extension grants may be made under this section for the
development and testing of algae and algae systems (including
micro- and macro-algae systems).
``(18) Nutrient management.--Research and extension grants
may be made under this section for the purposes of examining
nutrient management based on the source, rate, timing, and
placement of crop nutrients.
``(19) Dryland farming agricultural systems.--Research and
extension grants may be made under this section for the
purposes of carrying out or enhancing research on the
utilization of big data for more precise management of
dryland farming agricultural systems.
``(20) Hop plant health initiative.--Research and extension
grants may be made under this section for the purposes of
developing and disseminating science-based tools and
treatments to combat diseases of hops caused by the plant
pathogens Podosphaera macularis and Pseudoperonospora
humuli.'';
(2) in subsection (e)(5), by striking ``2018'' and
inserting ``2023'';
(3) in subsection (f)(5), by striking ``2018'' and
inserting ``2023'';
(4) in subsection (g)--
(A) in paragraphs (1)(B), (2)(B), and (3), by striking
``2018'' each place it appears and inserting ``2023'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
``(4) Enhanced coordination of honeybee and pollinator
research.--
``(A) In general.--The Chief Scientist of the Department of
Agriculture shall coordinate research, extension, education,
and economic activities in the Department of Agriculture
relating to native and managed pollinator health and habitat.
``(B) Duties.--In carrying out subparagraph (A), the Chief
Scientist shall--
``(i) assign an individual to serve in the Office of the
Chief Scientist as a Honeybee and Pollinator Research
Coordinator who shall be responsible for leading the efforts
of the Chief Scientist in carrying out such subparagraph;
``(ii) implement and coordinate pollinator health research
efforts of the Department, as recommended by the Pollinator
Health Task Force;
``(iii) establish annual strategic priorities and goals for
the Department for native and managed pollinator research;
``(iv) communicate such priorities and goals to each agency
or office of the Department of Agriculture, the managed
pollinator industry, and relevant grant recipients under
programs administered by the Secretary; and
``(v) coordinate and identify all research on native and
managed pollinator health needed and conducted by the
Department of Agriculture and relevant grant recipients under
programs administered by the Secretary to ensure consistency
and reduce unintended duplication of effort.
``(C) Research.--In coordinating research activities under
subparagraph (A), the Chief Scientist shall ensure that such
research--
``(i) identifies and addresses the multiple stressors on
pollinator health, including pests and pathogens, reduced
habitat, lack of nutritional resources, and exposure to
pesticides;
``(ii) evaluates stewardship and management practices of
managed pollinators that would impact managed pollinator
health;
``(iii) documents the prevalence of major pests, such as
varroa destructor (commonly referred to as the varroa mite),
and diseases that are transported between States through
practices involving managed pollinators;
``(iv) evaluates the impact of overcrowding of colonies for
pollination services and the impact of such overcrowding on
pollinator health status and pollinator health recovery;
``(v) evaluates and reports on the health differences of
managed pollinators in--
``(I) crops not requiring contract pollination;
``(II) crops requiring contract pollination; and
``(III) native habitat;
``(vi) evaluates the impact of horticultural and
agricultural pest management practices on native and managed
pollinator colonies in diverse agroecosystems;
``(vii) documents pesticide residues that are--
``(I) found in native and managed pollinator colonies; and
``(II) associated with typical localized commercial crop
pest management practices;
``(viii) with respect to native and managed pollinator
colonies visiting crops for crop pollination or honey
production purposes, documents--
``(I) the strength and health of such colonies;
``(II) the survival, growth, reproduction, and production
of such colonies;
``(III) pests, pathogens, and viruses that affect such
colonies;
``(IV) environmental conditions of such colonies;
``(V) beekeeper practices; and
``(VI) any other relevant information, as determined by the
Chief Scientist;
``(ix) documents, with respect to healthy populations of
managed pollinators, best management practices and other
practices for managed pollinators and crop managers;
``(x) evaluates the effectiveness of--
``(I) conservation practices that target the specific needs
of native and managed pollinator habitats;
``(II) incentives that allow for the expansion of native
and managed pollinator forage acreage; and
``(III) managed pollinator breeding practices and efforts
to, with respect to managed pollinators, avoid creating a
genetic bottleneck and improve genetic diversity;
``(xi) in the case of commercially managed pollinator
colonies, continues to gather data--
``(I) on an annual basis with respect to losses of such
colonies, splits of such colonies, and the total number of
pollinator colonies;
``(II) on rising input costs; and
``(III) overall economic value to the food economy; and
``(xii) addresses any other issue relating to native and
managed pollinators, as determined by the Chief Scientist, in
consultation with scientific experts.
``(D) Publication.--The Chief Scientist, to the maximum
extent practicable, shall--
``(i) make publicly available the results of the research
described in subparagraph (C); and
``(ii) in the case of the research described in
subparagraph (C)(vi), publish any data or reports that were
produced by the Department of Agriculture but not made
publicly available during the period beginning on January 1,
2008, and ending on the date of the enactment of the
Agriculture Improvement Act of 2018.''; and
(5) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION
INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``using funds made available under
subsection (e),'' after ``Board,''; and
(ii) by inserting ``in each of fiscal years 2019 through
2023'' after ``grants''; and
(B) in paragraph (7), by inserting ``, soil health,'' after
``conservation''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraphs:
``(D) $20,000,000 for each of fiscal years 2019 through
2020;
``(E) $25,000,000 for fiscal year 2021;
``(F) $30,000,000 for fiscal year 2022; and
``(G) $50,000,000 for fiscal year 2023 and each fiscal year
thereafter.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``for fiscal
years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting ``2023''.
SEC. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925f) is amended--
(1) by amending subsection (a) to read as follows:
[[Page H9904]]
``(a) In General.--The Secretary may make competitive
research and extension grants for the purpose of improving
the farm management knowledge and skills of agricultural
producers by maintaining and expanding a national, publicly
available farm financial management database to support
improved farm management.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and producer'' and
inserting ``educational programs and''; and
(B) in paragraph (4), by striking ``use and support'' and
inserting ``contribute data to''; and
(3) in subsection (d)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
(a) In General.--The Food, Agriculture, Conservation, and
Trade Act of 1990 is amended by inserting after section 1672D
(7 U.S.C. 5925f) the following:
``SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
``(a) Competitive Research and Extension Grants
Authorized.--In consultation with the Urban Agriculture and
Innovative Production Advisory Committee established under
section 222(b) of the Department of Agriculture
Reorganization Act of 1994, the Secretary may make
competitive grants to support research, education, and
extension activities for the purposes of facilitating the
development of urban, indoor, and other emerging agricultural
production, harvesting, transportation, aggregation,
packaging, distribution, and markets, including by--
``(1) assessing and developing strategies to remediate
contaminated sites;
``(2) determining and developing the best production
management and integrated pest management practices;
``(3) identifying and promoting the horticultural, social,
and economic factors that contribute to successful urban,
indoor, and other emerging agricultural production;
``(4) analyzing the means by which new agricultural sites
are determined, including an evaluation of soil quality,
condition of a building, or local community needs;
``(5) exploring new technologies that minimize energy,
lighting systems, water, and other inputs for increased food
production;
``(6) examining building material efficiencies and
structural upgrades for the purpose of optimizing growth of
agricultural products;
``(7) developing new crop varieties and agricultural
products to connect to new markets; or
``(8) examining the impacts of crop exposure to urban
elements on environmental quality and food safety.
``(b) Grant Types and Process.--Subparagraphs (A) through
(E) of paragraph (4), paragraph (7), and paragraph (11)(B) of
subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157) shall apply with respect
to the making of grants under this section.
``(c) Priority.--The Secretary may give priority to grant
proposals that involve--
``(1) the cooperation of multiple entities; or
``(2) States or regions with a high concentration of or
significant interest in urban farms, rooftop farms, and
indoor production facilities.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $10,000,000 for fiscal year 2019, to remain available
until expended.
``(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.''.
(b) Data Collection on Urban, Indoor, and Emerging
Agricultural Production.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary shall conduct as a
follow-on study to the census of agriculture conducted in the
calendar year 2017 under section 2 of the Census of
Agriculture Act of 1997 (7 U.S.C. 2204g) a census of urban,
indoor, and other emerging agricultural production, including
information about--
(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
(B) rooftop farms, outdoor vertical production, and green
walls;
(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
(E) other innovations in agricultural production, as
determined by the Secretary.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $14,000,000
for the period of fiscal years 2019 through 2021.
SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.
Section 1673 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5926) is amended by adding at the
end the following:
``(d) Centers of Excellence at 1890s Institutions.--
``(1) Recognition.--The Secretary shall recognize not less
than 3 centers of excellence, each led by an 1890 Institution
(as defined in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)),
to focus on 1 or more of the areas described in paragraph
(2).
``(2) Areas of focus.--
``(A) Student success and workforce development.--A center
of excellence established under paragraph (1) may engage in
activities to ensure that students have the skills and
education needed to work in agriculture and food industries,
agriculture science, technology, engineering, mathematics,
and related fields of study.
``(B) Nutrition, health, wellness, and quality of life.--A
center of excellence established under paragraph (1) may
carry out research, education, and extension programs that
increase access to healthy food, improve nutrition, mitigate
preventive disease, and develop strategies to assist limited
resource individuals in accessing health and nutrition
resources.
``(C) Farming systems, rural prosperity, and economic
sustainability.--A center of excellence established under
paragraph (1) may share best practices with farmers to
improve agricultural production, processing, and marketing,
reduce urban food deserts, examine new uses for traditional
and nontraditional crops, animals, and natural resources, and
continue activities carried out by the Center for Innovative
and Sustainable Small Farms, Ranches, and Forest Lands.
``(D) Global food security and defense.--A center of
excellence established under paragraph (1) may engage in
international partnerships that strengthen agricultural
development in developing countries, partner with
international researchers regarding new and emerging animal
and plant pests and diseases, engage in agricultural disaster
recovery, and continue activities carried out by the Center
for International Engagement.
``(E) Natural resources, energy, and environment.--A center
of excellence established under paragraph (1) may focus on
protecting and managing domestic natural resources for
current and future production of food and agricultural
products.
``(F) Emerging technologies.--A center of excellence
established under paragraph (1) may focus on the development
of emerging technologies to increase agricultural
productivity, enhance small farm economic viability, and
improve rural communities by developing genetic and sensor
technologies for food and agriculture and providing
technology training to farmers.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2019 through 2023.
``(4) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and
every year thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing--
``(A) the resources invested in the centers of excellence
established under paragraph (1); and
``(B) the work being done by those centers of
excellence.''.
SEC. 7214. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE
TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) Clarification of application of provisions to
veterans with disabilities.--This subsection shall apply with
respect to veterans with disabilities, and their families,
who--
``(A) are engaged in farming or farm-related occupations;
or
``(B) are pursuing new farming opportunities.'';
(2) in subsection (b)--
(A) by inserting ``(including veterans)'' after
``individuals''; and
(B) by inserting ``or, in the case of veterans with
disabilities, who are pursuing new farming opportunities''
before the period at the end; and
(3) in subsection (c)(1)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
``2018'' and inserting ``2023''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION,
EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE
PROGRAM.
(a) Ending Limitation on Funding.--Section 405(e)(3) of the
Agricultural Research, Extension, And Education Reform Act of
1998 (7 U.S.C. 7625(e)(3)) is amended to read as follows:
``(3) Term of grant.--A grant under this section shall have
a term that is not more than 3 years.''.
(b) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Section 405(j)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(j)) is amended by striking ``there
are authorized'' and all that follows through the period at
the end and inserting ``there is authorized to be
appropriated $10,000,000 for each of fiscal years 2019
through 2023.''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.
Section 408 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
[[Page H9905]]
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) $15,000,000 for each of fiscal years 2019 through
2023.''; and
(2) by adding at the end the following new subsection:
``(f) Limitation on Indirect Costs.--A recipient of a grant
under this section may not use more than 10 percent of the
funds provided by the grant for the indirect costs of
carrying out the initiatives described in subsection (a).''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Industry Needs.--Section 412(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(b)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the following:
``(B) size-controlling rootstock systems for perennial
crops;'';
(2) in paragraph (2), by striking ``including threats to
specialty crop pollinators;'' and inserting the following:
``including--
``(A) threats to specialty crop pollinators;
``(B) emerging and invasive species; and
``(C) a more effective understanding and utilization of
existing natural enemy complexes;'';
(3) in paragraph (3)--
(A) by striking ``efforts to improve'' and inserting the
following: ``efforts--
``(A) to improve'';
(B) in subparagraph (A) (as so designated), by adding
``and'' at the end; and
(C) by adding at the end the following:
``(B) to achieve a better understanding of--
``(i) the soil rhizosphere microbiome;
``(ii) pesticide application systems and certified drift-
reduction technologies; and
``(iii) systems to improve and extend the storage life of
specialty crops;''; and
(4) in paragraph (4), by striking ``including improved
mechanization and technologies that delay or inhibit
ripening; and'' and inserting the following: ``including--
``(A) mechanization and automation of labor-intensive tasks
in production and processing;
``(B) technologies that delay or inhibit ripening;
``(C) decision support systems driven by phenology and
environmental factors;
``(D) improved monitoring systems for agricultural pests;
and
``(E) effective systems for preharvest and postharvest
management of quarantine pests; and''.
(b) Authorization of Appropriations.--Section 412(k)(2) of
the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(k)(2)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is
amended by striking ``2018'' and inserting ``2023''.
Subtitle D--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND
RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8913) is amended--
(1) in subsection (a)(2)(B), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(2)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL
COUNTERMEASURES.
Section 14121(b)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking
``2018'' and inserting ``2023''.
PART II--MISCELLANEOUS
SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 2019) is amended by
striking ``10-year period'' and inserting ``15-year period''.
SEC. 7412. FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 5936) is amended--
(1) in subsection (a), by striking ``to support cooperative
programs between State cooperative extension services and
nonprofit organizations'' and inserting ``to eligible
entities described in subsection (c)'';
(2) in subsection (b)--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
the subparagraphs appropriately;
(C) by striking subparagraph (B) (as so redesignated) and
inserting the following:
``(B) training, including training programs and workshops,
for--
``(i) advocates for individuals who are engaged in farming,
ranching, and other occupations relating to agriculture; and
``(ii) other individuals and entities that may assist
individuals who--
``(I) are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(II) are in crisis;'';
(D) in subparagraph (C) (as so redesignated), by adding
``and'' after the semicolon at the end;
(E) in subparagraph (D) (as so redesignated), by striking
``activities; and'' and inserting ``activities, including the
dissemination of information and materials; or'';
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``be used to initiate'' and
inserting the following: ``be used--
``(1) to initiate''; and
(G) by adding at the end the following:
``(2) to enter into contracts, on a multiyear basis, with
community-based, direct-service organizations to initiate,
expand, or sustain programs described in paragraph (1) and
subsection (a).''; and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Eligible Recipients.--The Secretary may award a grant
under this section to--
``(1) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
``(2) a State department of agriculture;
``(3) a State cooperative extension service;
``(4) a qualified nonprofit organization, as determined by
the Secretary;
``(5) an entity providing appropriate services, as
determined by the Secretary, in 1 or more States; or
``(6) a partnership carried out by 2 or more entities
described in paragraphs (1) through (5).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.
``(e) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination
with the Secretary of Health and Human Services, shall submit
to Congress and any other relevant Federal department or
agency, and make publicly available, a report describing the
state of behavioral and mental health of individuals who are
engaged in farming, ranching, and other occupations relating
to agriculture.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) an inventory and assessment of efforts to support the
behavioral and mental health of individuals who are engaged
in farming, ranching, and other occupations relating to
agriculture by--
``(i) the Federal Government, States, and units of local
government;
``(ii) communities comprised of those individuals;
``(iii) health care providers;
``(iv) State cooperative extension services; and
``(v) other appropriate entities, as determined by the
Secretary;
``(B) a description of the challenges faced by individuals
who are engaged in farming, ranching, and other occupations
relating to agriculture that may impact the behavioral and
mental health of farmers and ranchers;
``(C) a description of how the Department of Agriculture
can improve coordination and cooperation with Federal health
departments and agencies, including the Department of Health
and Human Services, the Substance Abuse and Mental Health
Services Administration, the Health Resources and Services
Administration, the Centers for Disease Control and
Prevention, and the National Institutes of Health, to best
address the behavioral and mental health of individuals who
are engaged in farming, ranching, and other occupations
relating to agriculture;
``(D) a long-term strategy for responding to the challenges
described under subparagraph (B) and recommendations based on
best practices for further action to be carried out by
appropriate Federal departments or agencies to improve
Federal Government response and seek to prevent suicide among
individuals who are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(E) an evaluation of the impact that behavioral and
mental health challenges and outcomes (including suicide)
among individuals who are engaged in farming, ranching, and
other agriculture related occupations have on--
``(i) the agricultural workforce;
``(ii) agricultural production;
``(iii) rural families and communities; and
``(iv) succession planning.
``(f) State Defined.--For purposes of this section, the
term `State' has the meaning given such term in section 1404
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103).''.
SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 5937(e)) is amended by striking ``2018''
and inserting ``2023''.
[[Page H9906]]
SEC. 7414. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8114(g)) is amended by striking ``2018''
and inserting ``2023''.
Subtitle E--Amendments to Other Laws
SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
(a) Hemp Research.--Section 5(b)(9) of the Critical
Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended
by inserting ``, and including hemp (as defined in section
297A of the Agricultural Marketing Act of 1946)'' after
``hydrocarbon-containing plants''.
(b) Authorization of Appropriations.--Section 16(a)(2) of
the Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF
1994.
(a) 1994 Institution Defined.--
(1) In general.--Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law
103-382) is amended to read as follows:
``SEC. 532. DEFINITION OF 1994 INSTITUTION.
``In this part, the term `1994 Institution' means any of
the following colleges:
``(1) Aaniiih Nakoda College.
``(2) Bay Mills Community College.
``(3) Blackfeet Community College.
``(4) Cankdeska Cikana Community College.
``(5) Chief Dull Knife College.
``(6) College of Menominee Nation.
``(7) College of the Muscogee Nation.
``(8) D-Q University.
``(9) Dine College.
``(10) Fond du Lac Tribal and Community College.
``(11) Fort Peck Community College.
``(12) Haskell Indian Nations University.
``(13) Ilisagvik College.
``(14) Institute of American Indian and Alaska Native
Culture and Arts Development.
``(15) Keweenaw Bay Ojibwa Community College.
``(16) Lac Courte Oreilles Ojibwa Community College.
``(17) Leech Lake Tribal College.
``(18) Little Big Horn College.
``(19) Little Priest Tribal College.
``(20) Navajo Technical University.
``(21) Nebraska Indian Community College.
``(22) Northwest Indian College.
``(23) Nueta Hidatsa Sahnish College.
``(24) Oglala Lakota College.
``(25) Red Lake Nation College.
``(26) Saginaw Chippewa Tribal College.
``(27) Salish Kootenai College.
``(28) Sinte Gleska University.
``(29) Sisseton Wahpeton College.
``(30) Sitting Bull College.
``(31) Southwestern Indian Polytechnic Institute.
``(32) Stone Child College.
``(33) Tohono O'odham Community College.
``(34) Turtle Mountain Community College.
``(35) United Tribes Technical College.
``(36) White Earth Tribal and Community College.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Endowment for 1994 Institutions.--Section 533(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended in the first
sentence by striking ``2018'' and inserting ``2023''.
(c) Institutional Capacity Building Grants.--Section 535 of
the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382) is amended by striking
``2018'' each place it appears in subsections (b)(1) and (c)
and inserting ``2023''.
(d) Research Grants.--Section 536(c) of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended in the first sentence by
striking ``2018'' and inserting ``2023''.
SEC. 7503. RESEARCH FACILITIES ACT.
(a) Agricultural Research Facility Defined.--The Research
Facilities Act is amended--
(1) in section 2(1) (7 U.S.C. 390(1)) by striking ``a
college, university, or nonprofit institution'' and inserting
``an entity eligible to receive funds under a capacity and
infrastructure program (as defined in section 251(f)(1)(C) of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(C)))''; and
(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by
striking ``recipient college, university, or nonprofit
institution'' and inserting ``recipient entity''.
(b) Long-term Support.--Section 3(c)(2)(D) of the Research
Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by
subsection (a), is further amended by striking ``operating
costs'' and inserting ``operating and maintenance costs''.
(c) Competitive Grant Program.--The Research Facilities Act
is amended by inserting after section 3 (7 U.S.C. 390a) the
following new section:
``SEC. 4. COMPETITIVE GRANT PROGRAM.
``The Secretary shall establish a program to make
competitive grants to assist in the construction, alteration,
acquisition, modernization, renovation, or remodeling of
agricultural research facilities.''.
(d) Authorization of Appropriations and Funding
Limitations.--Section 6 of the Research Facilities Act (7
U.S.C. 390d) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b),'' and inserting
``subsections (b), (c), and (d),'';
(B) by striking ``2018'' and inserting ``2023''; and
(C) by adding at the end the following new sentence:
``Funds appropriated pursuant to the preceding sentence shall
be available until expended.''; and
(2) by adding at the end the following new subsections:
``(c) Maximum Amount.--Not more than 25 percent of the
funds made available pursuant to subsection (a) for any
fiscal year shall be used for any single agricultural
research facility project.
``(d) Project Limitation.--An entity eligible to receive
funds under this Act may receive funds for only one project
at a time.''.
SEC. 7504. AGRICULTURE AND FOOD RESEARCH INITIATIVE.
Subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) by redesignating clauses (iii) through (vii) as clauses
(iv) through (viii), respectively; and
(ii) by inserting after clause (ii) the following new
clause:
``(iii) soil health;'';
(B) in subparagraph (E)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(v) tools that accelerate the use of automation or
mechanization for labor-intensive tasks in the production and
distribution of crops.''; and
(C) in subparagraph (F)--
(i) in clause (vi), by striking ``and'' at the end;
(ii) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(viii) barriers and bridges to entry and farm viability
for young, beginning, socially disadvantaged, veteran, and
immigrant farmers and ranchers, including farm succession,
transition, transfer, entry, and profitability issues.'';
(2) in paragraph (6)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to an institution to carry out collaboration in
biomedical and agricultural research using existing research
models.''; and
(3) in paragraph (11)(A)--
(A) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023''; and
(B) in clause (ii), by striking ``4'' and inserting ``5''.
SEC. 7505. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.
(a) In General.--The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157) is amended by inserting
after subsection (c) the following:
``(d) Extension Design and Demonstration Initiative.--
``(1) Purpose.--The purpose of this subsection is to
encourage the design of adaptive prototype systems for
improving extension and education that seek to advance the
application, translation, and demonstration of scientific
discoveries and other agricultural research for the adoption
and understanding of food, agricultural, and natural
resources practices, techniques, methods, and technologies
using digital or other novel platforms.
``(2) Grants.--The Secretary shall award grants each fiscal
year on a competitive basis--
``(A) for the design of 1 or more extension and education
prototype systems--
``(i) that leverage digital platforms or other novel means
of translating, delivering, or demonstrating agricultural
research; and
``(ii) to adapt, apply, translate, or demonstrate
scientific findings, data, technology, and other research
outcomes to producers, the agricultural industry, and other
interested persons or organizations; and
``(B) to demonstrate, by incorporating analytics and
specific metrics, the value, impact, and return on the
Federal investment of a prototype system designed under
subparagraph (A) as a model for use by other eligible
entities described in paragraph (3) for improving,
modernizing, and adapting applied research, demonstration,
and extension services.
``(3) Eligible entities.--An entity that is eligible to
receive a grant under paragraph (2) is--
``(A) a State agricultural experiment station (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
``(B) a cooperative extension service (as defined in such
section); and
``(C) a land-grant college or university (as defined in
such section) .
``(4) Requirement.--The Secretary shall award grants under
paragraph (2) to not fewer than 2 and not more than 5
eligible entities described in paragraph (3) that represent a
diversity of regions, commodities, and agricultural or food
production issues.
``(5) Term.--The term of a grant awarded under paragraph
(2) shall be not longer than 5 years.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.''.
(b) Technical and Conforming Amendments.--The Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 3157) is
amended--
(1) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``subsection--'' and all that
follows through ``for the planning'' in subparagraph (B) and
inserting ``subsection for the planning''; and
(2) in subsection (h), by inserting ``, (d),'' after
``subsections (b)''.
[[Page H9907]]
SEC. 7506. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH SERVICE.
Section 7404 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3101 note; Public Law 107-171) is repealed.
SEC. 7507. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) carbon dioxide that--
``(i) is intended for permanent sequestration or
utilization; and
``(ii) is a byproduct of the production of the products
described in subparagraphs (A) and (B).'';
(2) in subsection (d)(2)(A)--
(A) in clause (xii), by striking ``and'' at the end;
(B) by redesignating clause (xiii) as clause (xiv); and
(C) by inserting after clause (xii) the following:
``(xiii) an individual with expertise in carbon dioxide
capture, utilization, and sequestration; and'';
(3) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iv) to permanently sequester or utilize carbon dioxide
described in subsection (a)(1)(C); and''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the development of technologies to permanently
sequester or utilize carbon dioxide described in subsection
(a)(1)(C).''; and
(4) in subsection (h)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7508. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL
FUNDS USED IN EXTENSION WORK AT THE UNIVERSITY
OF THE DISTRICT OF COLUMBIA.
(a) In General.--Section 209(c) of the District of Columbia
Public Postsecondary Education Reorganization Act (Public Law
93-471; sec. 38-1202.09(c), D.C. Official Code) is amended by
inserting after the first sentence the following: ``Such sums
may be used to pay not more than \1/2\ of the total cost of
providing such extension work.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 7509. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is
amended in the first sentence by striking ``2018'' and
inserting ``2023''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-
306) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7510. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16
U.S.C. 2809) is amended by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 7511. FEDERAL AGRICULTURE RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1985 (title
XIV of Public Law 99-198; 99 Stat. 1556) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle F--Other Matters
SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.
(a) Transition to Permanent Program.--Section 308 of the
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (a), by striking ``pilot''.
(b) Termination of Authority Extended.--Section
308(b)(6)(A) of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 3125a note) is amended by striking ``on the date that
is 10 years after the date of enactment of this section'' and
inserting ``on September 30, 2023''.
(c) Reports.--Section 308(d)(2) of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 3125a note) is amended by striking
``Not later than 6, 8, and 10 years after the date of
enactment of this section'' and inserting ``Not later than
September 30, 2021''.
SEC. 7602. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
PORTION OF HENRY A. WALLACE BELTSVILLE
AGRICULTURAL RESEARCH CENTER, BELTSVILLE,
MARYLAND.
(a) Transfer Authorized.--Subject to subsection (e), the
Secretary may transfer to the Secretary of the Treasury
administrative jurisdiction over a parcel of real property at
the Henry A. Wallace Beltsville Agricultural Research Center
consisting of approximately 100 acres, which was originally
acquired by the United States through land acquisitions in
1910 and 1925, and is generally located off of Poultry Road
lying between Powder Mill Road and Odell Road in Beltsville,
Maryland, for the purpose of facilitating the establishment
of Bureau of Engraving and Printing facilities on the parcel.
(b) Legal Description and Map.--
(1) Preparation.--The Secretary shall prepare a legal
description and map of the parcel of real property to be
transferred under subsection (a).
(2) Force of law.--The legal description and map prepared
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct errors in the legal description and map.
(c) Terms and Conditions.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to
easements, valid existing rights, and such other
reservations, terms, and conditions as the Secretary
considers to be necessary.
(d) Waiver.--The parcel of real property under subsection
(a) is exempt from Federal screening for other possible use
due to an identified Federal need for the parcel as the site
of Bureau of Engraving and Printing facilities.
(e) Conditions for Transfer.--As a condition of the
transfer of administrative jurisdiction under subsection (a)
with respect to the parcel described in such subsection--
(1) the Secretary of the Treasury shall agree to pay the
Secretary the costs incurred to carry out such transfer,
including the costs for--
(A) any environmental or administrative analysis required
by law with respect to the parcel to be so transferred;
(B) a survey of such parcel, if necessary; and
(C) any hazardous substances assessment of the parcel to be
so transferred; and
(2) except as provided in subsection (d), the Secretary
shall enter into a binding memorandum of agreement with the
Secretary of the Treasury regarding the responsibilities,
including financial responsibilities, of each party for
evaluating and, if necessary, remediating or otherwise
addressing hazardous substances, pollutants, or contaminants
found at the parcel described in subsection (a).
(f) Hazardous Materials.--Nothing in this section, or the
amendments made by this section, amends, alters, or affects
the relevant Federal and State environmental laws, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), or the
application of such laws to the parcel of real property
transferred under subsection (a).
SEC. 7603. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C.
5939) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``conflicts;'' and
inserting ``conflicts, specifically at the Department of
Agriculture; and''; and
(ii) by adding at the end the following new clause:
``(iii) document the consultation process and include a
summary of the results in the annual report required in
subsection (f)(3)(B)''; and
(B) in subparagraph (D), by inserting ``and agriculture
stakeholders'' after ``community'';
(2) in subsection (e)--
(A) in paragraph (2)(C)(ii)(I), by inserting ``agriculture
or'' before ``agricultural research''; and
(B) in paragraph (4)(A)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
``(iv) actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property made to the
Foundation, including from private entities; and'';
(3) in subsection (f)--
(A) in paragraph (2)(A)(iii), by striking ``any''; and
(B) in paragraph (3)(B)--
(i) in clause (i)(I)--
(I) in the matter preceding item (aa), by inserting ``and
post online'' before ``a report'';
(II) in item (aa), by striking ``accomplishments; and'' and
inserting ``accomplishments and how those activities align to
the challenges identified in the strategic plan under clause
(iv);'';
(III) in item (bb), by striking the period at the end and
inserting ``; and''; and
(IV) by adding at the end the following:
``(cc) a description of available agricultural research
programs and priorities for the upcoming fiscal year.''; and
(ii) by adding at the end the following:
``(iii) Stakeholder notice.--The Foundation shall publish
an annual notice with a description of agricultural research
priorities under this section for the upcoming fiscal year,
including--
``(I) a schedule for funding competitions;
``(II) a discussion of how applications for funding will be
evaluated; and
``(III) how the Foundation will communicate information
about funded awards to the public to ensure that grantees and
partners understand the objectives of the Foundation.
``(iv) Strategic plan.--Not later than 1 year after the
date of enactment of the Agriculture Improvement Act of 2018,
the Foundation shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
strategic plan describing a path for the Foundation to become
self-sustaining, including--
``(I) a forecast of major agricultural challenge
opportunities identified by the scientific advisory councils
of the Foundation and approved by the Board, including short-
and long-term objectives;
``(II) an overview of the efforts that the Foundation will
take to be transparent in each of the processes of the
Foundation, including--
[[Page H9908]]
``(aa) processes relating to grant awards, including the
selection, review, and notification processes;
``(bb) communication of past, current, and future research
priorities; and
``(cc) plans to solicit and respond to public input on the
opportunities identified in the strategic plan;
``(III) a description of financial goals and benchmarks for
the next 10 years, including a detailed plan for--
``(aa) raising funds in amounts greater than the amounts
required under subsection (g)(1)(B);
``(bb) soliciting additional resources pursuant to
subsections (e)(4)(A)(iv) and (f)(2)(A)(iii); and
``(cc) managing and leveraging such resources pursuant to
subsection (f)(2)(A)(vii); and
``(IV) other related issues, as determined by the Board.'';
and
(4) in subsection (g)(1)--
(A) in the paragraph heading, by striking ``Mandatory
funding'' and inserting ``Funding'';
(B) in subparagraph (A)--
(i) by striking ``On the date'' and inserting the
following:
``(i) Establishment funding.--On the date''; and
(ii) by adding at the end the following:
``(ii) Enhanced funding.--On the date on which the
strategic plan described in subsection (f)(3)(B)(iv) is
submitted, of the funds of the Commodity Credit Corporation,
the Secretary shall transfer to the Foundation to carry out
this section $185,000,000, to remain available until
expended.''; and
(C) in subparagraph (B)--
(i) by striking ``The Foundation'' and inserting the
following:
``(i) In general.--The Foundation'';
(ii) in clause (i) (as so designated)--
(I) by striking ``purposes'' and inserting ``purposes,
duties, and powers''; and
(II) by striking ``non-Federal matching funds for each
expenditure'' and inserting ``matching funds from a non-
Federal source, including an agricultural commodity
promotion, research, and information program''; and
(iii) by adding at the end the following:
``(ii) Effect.--Nothing in this section requires the
Foundation to require a matching contribution from an
individual grantee as a condition of receiving a grant under
this section.''.
SEC. 7604. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE
MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87-788 (commonly known as the
``McIntire-Stennis Cooperative Forestry Act'') (16 U.S.C.
582a-1) is amended in the second sentence--
(1) by striking ``and'' before ``1890 Institutions''; and
(2) by inserting ``and 1994 Institutions (as defined in
section 532 of the Equity in Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)) that
offer an associate's degree or a baccalaureate degree in
forestry,'' before ``and (b)''.
SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.
(a) In General.--Section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order;
(2) in subsection (a) (as so redesignated)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) State.--The term `State' has the meaning given such
term in section 297A of the Agricultural Marketing Act of
1946.'';
(3) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Industrial Hemp Research''; and
(4) by adding at the end the following:
``(c) Study and Report.--
``(1) In general.--The Secretary shall conduct a study of
agricultural pilot programs--
``(A) to determine the economic viability of the domestic
production and sale of industrial hemp; and
``(B) that shall include a review of--
``(i) each agricultural pilot program; and
``(ii) any other agricultural or academic research relating
to industrial hemp.
``(2) Report.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the results of the study
conducted under paragraph (1).''.
(b) Repeal.--Effective on the date that is 1 year after the
date on which the Secretary establishes a plan under section
297C of the Agricultural Marketing Act of 1946, section 7606
of the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 7606. COLLECTION OF DATA RELATING TO BARLEY AREA PLANTED
AND HARVESTED.
For all acreage reports published after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the National Agricultural Statistics
Service, shall include the State of New York in the States
surveyed to produce the table entitled ``Barley Area Planted
and Harvested'' in those reports.
SEC. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND
LOCATION OF DAIRY FARMS.
(a) In General.--Not later than 60 days after the date on
which the 2017 Census of Agriculture is released, the
Secretary, acting through the Administrator of the Economic
Research Service, shall update the report entitled ``Changes
in the Size and Location of US Dairy Farms'' contained in the
report of the Economic Research Service entitled ``Profits,
Costs, and the Changing Structure of Dairy Farming'' and
published in September 2007.
(b) Requirement.--In updating the report described in
subsection (a), the Secretary shall, to the maximum extent
practicable, use the same unit of measurement for reporting
the full range of herd sizes in Table 1 and Table 2 of the
report while maintaining confidentiality of individual
producers.
SEC. 7608. AGRICULTURE INNOVATION CENTER DEMONSTRATION
PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b) is amended--
(1) in subsection (d)(2)--
(A) in the matter preceding subparagraph (A), by striking
``representatives of each of the following groups'' and
inserting ``a diverse group of representatives of public and
private entities, including the following:'';
(B) in subparagraph (A), by striking ``The 2'' and
inserting ``Two'';
(C) in subparagraph (B), by inserting ``or a State
legislator,'' after ``agency,''; and
(D) by amending subparagraph (C) to read as follows:
``(C) Four entities representing commodities produced in
the State.'';
(2) in subsection (e)(1), by striking ``subsection (i)''
and inserting ``subsection (g)''; and
(3) by striking subsections (g), (h), and (i) and inserting
the following new subsection:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 7609. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) In General.--Section 3(d) of the Smith-Lever Act (7
U.S.C. 343(d)) is amended by adding at the end the following
new sentence: ``A 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382)) may compete for and
receive funds directly from the Secretary of Agriculture for
the Children, Youth, and Families at Risk funding program and
the Federally Recognized Tribes Extension Program.''.
(b) Conforming Amendment.--Section 533(a)(2)(A) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended by striking clause
(ii) and inserting the following:
``(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), except
as provided under--
``(I) section 3(b)(3) of that Act (7 U.S.C. 343(b)(3)); or
``(II) the third sentence of section 3(d) of that Act (7
U.S.C. 343(d)); or''.
SEC. 7610. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a review
of the programs of the Department of Agriculture that affect
the production or processing of specialty crops.
(b) Requirements.--The review under subsection (a) shall
identify--
(1) programs that currently are, or previously have been,
effectively used to accelerate the development and use of
automation or mechanization in the production or processing
of specialty crops; and
(2) programs that may be more effectively used to
accelerate the development and use of automation or
mechanization in the production or processing of specialty
crops.
(c) Strategy.--With respect to programs identified under
subsection (b), the Secretary shall develop and implement a
strategy to accelerate the development and use of automation
and mechanization in the production or processing of
specialty crops.
SEC. 7611. EXPERIENCED SERVICES PROGRAM.
Section 1252 of the Food Security Act of 1985 (16 U.S.C.
3851) is amended--
(1) in the section heading, by striking ``agriculture
conservation'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``a conservation'' and inserting ``an'';
(ii) by striking ``(in this section referred to as the
`ACES Program')'' and inserting ``(referred to in this
section as the `program')''; and
(iii) by striking ``provide technical'' and inserting the
following: ``provide--
``(1) technical''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``Secretary. Such technical services may
include'' and inserting ``Secretary, including'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(2) technical, professional, and administrative services
to support the research, education, and economics mission
area of the Department of Agriculture (including the
Agricultural Research Service, the Economic Research Service,
the National Agricultural Library, the National Agricultural
Statistics Service, the Office of the Chief Scientist, and
the National Institute of Food and Agriculture), including--
``(A) supporting agricultural research and information;
``(B) advancing scientific knowledge relating to
agriculture;
``(C) enhancing access to agricultural information;
``(D) providing statistical information and research
results to farmers, ranchers, agribusiness, and public
officials; and
``(E) assisting research, education, and extension programs
in land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).'';
(3) by striking ``ACES'' each place it appears;
(4) by striking ``technical services'' each place it
appears (other than in subsection (a)) and inserting
``technical, professional, or administrative services, as
applicable,''; and
[[Page H9909]]
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph heading and inserting
``Conservation technical services.--''; and
(ii) by inserting ``with respect to subsection (a)(1),''
before ``the Secretary''; and
(B) by adding at the end the following new paragraph:
``(3) Research, education, and economics services.--With
respect to services referred to in subsection (a)(2), the
Secretary may carry out the program under the mission area
referred to in such subsection to the extent that funds are
specifically appropriated to provide such services under such
mission area.''.
SEC. 7612. SIMPLIFIED PLAN OF WORK.
(a) Smith-Lever Act.--The Smith-Lever Act is amended--
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4(c) (7 U.S.C. 344(c)), by striking
paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) A summary of planned projects or programs in the
State using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of section 3(h).
``(3) A description of the manner in which the State will
meet the requirements of section 3(i)(2) of the Hatch Act of
1887 (7 U.S.C. 361c(i)(2)).
``(4) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(b) Hatch Act.--The Hatch Act of 1887 is amended--
(1) in section 3 (7 U.S.C. 361c)--
(A) by amending subsection (h) to read as follows:
``(h) Peer Review.--Research carried out under subsection
(c)(3) shall be subject to scientific peer review. The review
of a project conducted under this subsection shall be
considered to satisfy the merit review requirements of
section 103(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(e)).''; and
(B) in subsection (i)(2), by striking subparagraph (D); and
(2) in section 7(e) (7 U.S.C. 361g(e)), by striking
paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) A summary of planned projects or programs in the
State using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of subsections (c)(3) and (i)(2) of
section 3.
``(3) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(c) Extension and Research at 1890 Institutions.--
(1) Extension.--Section 1444(d)(3) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221(d)(3)) is amended by striking
subparagraphs (A) through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in the
State using formula funds.
``(B) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(2) Research.--Section 1445(c)(3) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3222(c)(3)) is amended by striking
subparagraphs (A) through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in the
State using formula funds.
``(B) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
SEC. 7613. REVIEW OF LAND-GRANT TIME AND EFFORT REPORTING
REQUIREMENTS.
(a) In General.--The Secretary, in consultation with the
Office of Management and Budget, shall review and revise
current reporting requirements related to compensation
charges, documentation of personnel expenses, and other
requirements that are commonly referred to as time and effort
reporting for entities that receive funds under a program
referred to in clause (iii), (iv), (vii), (viii), or (xii) of
section 251(f)(1)(C) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)).
(b) Revisions.--The Secretary shall ensure that any
revision made pursuant to subsection (a)--
(1) is developed in collaboration with entities described
in subsection (a); and
(2) reduces the amount of paperwork and time required by
the requirements referred to in such subsection, as such
requirements are in effect on the date of the enactment of
this Act.
SEC. 7614. MATCHING FUNDS REQUIREMENT.
(a) Repeal.--Subtitle P of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3371) is repealed.
(b) Conforming Amendments.--
(1) National agricultural research, extension, and teaching
policy act of 1977.--
(A) Grants to enhance research capacity in schools of
veterinary medicine.--Section 1415(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3151(a)) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Matching requirement.--A State receiving a grant
under paragraph (1) shall provide State matching funds equal
to not less than the amount of the grant.''.
(B) Aquaculture assistance grant program.--Section 1475(b)
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended by
striking ``The Secretary'' and all that follows through the
period at the end and inserting the following:
``(1) In general.--Subject to paragraph (3), the Secretary
may make competitive grants to entities eligible for grants
under paragraph (2) for research and extension to facilitate
or expand promising advances in the production and marketing
of aquacultural food species and products and to enhance the
safety and wholesomeness of those species and products,
including the development of reliable supplies of seed stock
and therapeutic compounds.
``(2) Eligible entities.--The Secretary may make a
competitive grant under paragraph (1) to--
``(A) a land-grant or seagrant college or university;
``(B) a State agricultural experiment station;
``(C) a college, university, or Federal laboratory having a
demonstrable capacity to conduct aquacultural research, as
determined by the Secretary; or
``(D) a nonprofit private research institution.
``(3) Matching state grants.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall not make a grant under paragraph (1)
unless the State in which the grant recipient is located
makes a grant to that recipient in an amount equal to not
less than the amount of the grant under paragraph (1) (of
which State amount an in-kind contribution shall not exceed
50 percent).
``(B) Federal laboratories.--Subparagraph (A) shall not
apply to a grant to a Federal laboratory.''.
(C) Rangeland research.--Section 1480 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3333) is amended--
(i) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(ii) by adding at the end the following new subsection:
``(b) Matching Requirements.--
``(1) In general.--Except as provided in paragraph (2),
this grant program shall be based on a matching formula of 50
percent Federal and 50 percent non-Federal funding (including
funding from an agricultural commodity promotion, research,
and information program).
``(2) Exception.--Paragraph (1) shall not apply to a grant
to a Federal laboratory or a grant under subsection
(a)(2).''.
(2) Food, agriculture, conservation, and trade act of
1990.--
(A) Federal-state matching grant program.--Section
1623(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by striking the
second sentence.
(B) Agricultural genome initiative.--Section 1671 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5924) (as amended by section 7208) is amended--
(i) by redesignating subsection (f) as subsection (g); and
(ii) by inserting after subsection (e) the following:
``(f) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant or cooperative agreement under this section that
provides a particular benefit to a specific agricultural
commodity, the recipient of funds under the grant or
cooperative agreement shall provide non-Federal matching
funds (including funds from an agricultural commodity
promotion, research, and information program) equal to not
less than the amount provided under the grant or cooperative
agreement.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research; and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(C) High-priority research and extension initiatives.--
Section 1672(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(a)) is amended--
(i) by striking ``The Secretary of Agriculture'' and
inserting the following:
``(1) In general.--The Secretary of Agriculture'';
(ii) in paragraph (1) (as so designated), in the second
sentence, by striking ``The Secretary shall'' and inserting
the following:
``(3) Consultation.--The Secretary shall''; and
(iii) by inserting after paragraph (1) the following:
``(2) Matching funds requirement.--
``(A) In general.--Subject to subparagraph (C), an entity
receiving a grant under paragraph (1) shall provide non-
Federal matching funds (including funds from an agricultural
commodity promotion, research, and information program) equal
to not less than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.
``(C) Waiver.--The Secretary may waive the matching funds
requirement under subparagraph (A) with respect to a research
project if the Secretary determines that--
``(i) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
[[Page H9910]]
``(ii)(I) the project--
``(aa) involves a minor commodity; and
``(bb) deals with scientifically important research; and
``(II) the recipient is unable to satisfy the matching
funds requirement.''.
(D) Organic agriculture research and extension
initiative.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as
amended by section 7210) is amended--
(i) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(ii) by inserting after subsection (b) the following:
``(c) Matching Requirement.--
``(1) In general.--Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-
Federal matching funds (including funds from an agricultural
commodity promotion, research, and information program) equal
to not less than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research; and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(3) Agricultural research, extension, and education reform
act of 1998.--
(A) Integrated research, education, and extension
competitive grants program.--Section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7626) is amended--
(i) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(ii) by inserting after subsection (c) the following:
``(d) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant under this section that provides a particular
benefit to a specific agricultural commodity, the recipient
of the grant shall provide non-Federal matching funds
(including funds from an agricultural commodity promotion,
research, and information program) equal to not less than the
amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a grant if
the Secretary determines that--
``(A) the results of the grant are of a particular benefit
to a specific agricultural commodity, but those results are
likely to be applicable to agricultural commodities
generally; or
``(B)(i) the grant--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research; and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(B) Specialty crop research initiative.--Section 412(g) of
the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(g)) is amended--
(i) by redesignating paragraph (3) as paragraph (4); and
(ii) by inserting after paragraph (2) the following:
``(3) Matching requirement.--
``(A) In general.--An entity receiving a grant under this
section shall provide non-Federal matching funds (including
funds from an agricultural commodity promotion, research, and
information program) equal to not less than the amount of the
grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.''.
(4) Other laws.--
(A) Sun grant program.--Section 7526(c)(1)(C)(iv) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(C)(iv)) is amended by striking subclause (IV).
(B) Agriculture and food research initiative.--Subsection
(b)(9) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(9)) is amended--
(i) in subparagraph (A), by striking clause (iii);
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``clauses (ii) and (iii),''
and inserting ``clause (ii),''; and
(II) by striking clause (iii); and
(iii) by adding at the end the following:
``(C) Applied research.--An entity receiving a grant under
paragraph (5)(B) for applied research that is commodity-
specific and not of national scope shall provide non-Federal
matching funds equal to not less than the amount of the
grant.''.
(c) Application of Amendments.--
(1) Awards made after date of enactment.--The amendments
made by subsections (a) and (b) shall apply with respect to
grants, cooperative agreements, or other awards described in
subsection (b) that are made after the date of the enactment
of this Act.
(2) Awards made on or before date of enactment.--
Notwithstanding the amendments made by subsections (a) and
(b), a matching funds requirement in effect on the day before
the date of enactment of this Act under a provision of law
amended by subsection (a) or (b) shall continue to apply to a
grant, cooperative agreement, or other award described in
subsection (b) that is made on or before the date of the
enactment of this Act.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR
FOREST RESOURCES.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2101a(f)(1)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 8102. STATE AND PRIVATE FOREST LANDSCAPE-SCALE
RESTORATION PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read
as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE
RESTORATION PROGRAM.
``(a) Purpose.--The purpose of this section is to encourage
collaborative, science-based restoration of priority forest
landscapes.
``(b) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(2) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means land that--
``(A) is rural, as determined by the Secretary;
``(B) has existing tree cover or is suitable for growing
trees; and
``(C) is owned by any private individual, group,
association, corporation, Indian tribe, or other private
legal entity.
``(3) State forest land.--The term `State forest land'
means land that--
``(A) is rural, as determined by the Secretary; and
``(B) is under State or local governmental ownership and
considered to be non-Federal forest land.
``(c) Establishment.--The Secretary, in consultation with
State foresters or appropriate State agencies, shall
establish a competitive grant program to provide financial
and technical assistance to encourage collaborative, science-
based restoration of priority forest landscapes.
``(d) Eligibility.--To be eligible to receive a grant under
this section, an applicant shall submit to the Secretary,
through the State forester or appropriate State agency, a
State and private forest landscape-scale restoration proposal
based on a restoration strategy that--
``(1) is complete or substantially complete;
``(2) is for a multiyear period;
``(3) covers nonindustrial private forest land or State
forest land;
``(4) is accessible by wood-processing infrastructure; and
``(5) is based on the best available science.
``(e) Plan Criteria.--A State and private forest landscape-
scale restoration proposal submitted under this section shall
include plans--
``(1) to reduce the risk of uncharacteristic wildfires;
``(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
``(3) to maintain or improve water quality and watershed
function;
``(4) to mitigate invasive species, insect infestation, and
disease;
``(5) to improve important forest ecosystems;
``(6) to measure ecological and economic benefits,
including air quality and soil quality and productivity; and
``(7) to take other relevant actions, as determined by the
Secretary.
``(f) Priorities.--In making grants under this section, the
Secretary shall give priority to plans that--
``(1) further a statewide forest assessment and resource
strategy;
``(2) promote cross boundary landscape collaboration; and
``(3) leverage public and private resources.
``(g) Collaboration and Consultation.--The Chief of the
Forest Service, the Chief of the Natural Resources
Conservation Service, and relevant stakeholders shall
collaborate and consult on an ongoing basis regarding--
``(1) administration of the program established under this
section; and
``(2) identification of other applicable resources for
landscape-scale restoration.
``(h) Matching Funds Required.--As a condition of receiving
a grant under this section, the Secretary shall require the
recipient of the grant to provide funds or in-kind support
from non-Federal sources in an amount that is at least equal
to the amount of Federal funds.
``(i) Coordination and Proximity Encouraged.--In making
grants under this section, the Secretary may consider
coordination with and proximity to other landscape-scale
projects on other land under the jurisdiction of the
Secretary, the Secretary of the Interior, or a Governor of a
State, including under--
``(1) the Collaborative Forest Landscape Restoration
Program established under section 4003 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 19;
``(4) stewardship end result contracting projects
authorized under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the
Secretary.
``(j) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines necessary to carry
out this section.
``(k) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary
[[Page H9911]]
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on--
``(1) the status of development, execution, and
administration of selected projects;
``(2) the accounting of program funding expenditures; and
``(3) specific accomplishments that have resulted from
landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury a
fund, to be known as the `State and Private Forest Landscape-
Scale Restoration Fund' (referred to in this subsection as
the `Fund'), to be used by the Secretary to make grants under
this section.
``(2) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000 for each fiscal
year beginning with the first full fiscal year after the date
of enactment of this subsection through fiscal year 2023, to
remain available until expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended
by striking ``sections 13A and 13B'' and inserting ``section
13A''.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1649) is repealed.
Subtitle C--Global Climate Change Prevention Act of 1990
SEC. 8301. REPEALS RELATING TO BIOMASS.
(a) Biomass Energy Demonstration Projects.--Section 2410 of
the Global Climate Change Prevention Act of 1990 (7 U.S.C.
6708) is repealed.
(b) Interagency Cooperation to Maximize Biomass Growth.--
Section 2411 of the Global Climate Change Prevention Act of
1990 (7 U.S.C. 6709) is amended in the matter preceding
paragraph (1) by striking ``to--'' and all that follows
through ``such forests and lands'' in paragraph (2) and
inserting ``to develop a program to manage forests and land
on Department of Defense military installations''.
Subtitle D--Healthy Forests Restoration Act of 2003
SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6513) is amended by adding at the end the
following:
``(e) Cross-boundary Hazardous Fuel Reduction Projects.--
``(1) Definitions.--In this subsection:
``(A) Hazardous fuel reduction project.--The term
`hazardous fuel reduction project' means a hazardous fuel
reduction project described in paragraph (2).
``(B) Non-federal land.--The term `non-Federal land'
includes--
``(i) State land;
``(ii) county land;
``(iii) Tribal land;
``(iv) private land; and
``(v) other non-Federal land.
``(2) Grants.--The Secretary may make grants to State
foresters to support hazardous fuel reduction projects that
incorporate treatments in landscapes across ownership
boundaries on Federal and non-Federal land, particularly in
areas identified as priorities in applicable State-wide
forest resource assessments or strategies under section 2A(a)
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101a(a)), as mutually agreed to by the State forester and
the Regional Forester.
``(3) Land treatments.--To conduct and fund treatments for
hazardous fuel reduction projects carried out by State
foresters using grants under paragraph (2), the Secretary may
use the authorities of the Secretary relating to cooperation
and technical and financial assistance, including the good
neighbor authority under--
``(A) section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a); and
``(B) section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011
note; Public Law 106-291).
``(4) Cooperation.--In carrying out a hazardous fuel
reduction project using a grant under paragraph (2) on non-
Federal land, the State forester, in consultation with the
Secretary--
``(A) shall consult with any applicable owners of the non-
Federal land; and
``(B) shall not implement the hazardous fuel reduction
project on non-Federal land without the consent of the owner
of the non-Federal land.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000
for each of fiscal years 2019 through 2023.''.
SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND.
Section 108 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6518) is amended by striking ``$760,000,000 for
each fiscal year'' and inserting ``$660,000,000 for each of
fiscal years 2019 through 2023''.
SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT
PROGRAM.
(a) In General.--Section 203 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 203.
SEC. 8404. WATER SOURCE PROTECTION PROGRAM.
(a) In General.--Title III of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6541 et seq.) is amended
by adding at the end the following:
``SEC. 303. WATER SOURCE PROTECTION PROGRAM.
``(a) Definitions.--In this section:
``(1) End water user.--The term `end water user' means a
non-Federal entity, including--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe;
``(D) a utility;
``(E) a municipal water system;
``(F) an irrigation district;
``(G) a nonprofit organization; and
``(H) a corporation.
``(2) Forest management activity.--The term `forest
management activity' means a project carried out by the
Secretary on National Forest System land.
``(3) Forest plan.--The term `forest plan' means a land
management plan prepared by the Forest Service for a unit of
the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
``(4) Non-federal partner.--The term `non-Federal partner'
means an end water user with whom the Secretary has entered
into a partnership agreement under subsection (c)(1).
``(5) Program.--The term `Program' means the Water Source
Protection Program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
``(7) Water source management plan.--The term `water source
management plan' means the water source management plan
developed under subsection (d)(1).
``(b) Establishment.--The Secretary shall establish and
maintain a program, to be known as the `Water Source
Protection Program', to carry out watershed protection and
restoration projects on National Forest System land.
``(c) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the
Secretary may enter into water source investment partnership
agreements with end water users to protect and restore the
condition of National Forest watersheds that provide water to
the end water users.
``(2) Form.--A partnership agreement described in paragraph
(1) may take the form of--
``(A) a memorandum of understanding;
``(B) a cost-share or collection agreement;
``(C) a long-term funding matching commitment; or
``(D) another appropriate instrument, as determined by the
Secretary.
``(d) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the
Secretary, in cooperation with the non-Federal partners and
applicable State, local, and Tribal governments, may develop
a water source management plan that describes the proposed
implementation of watershed protection and restoration
projects under the Program.
``(2) Requirement.--A water source management plan shall be
conducted in a manner consistent with the forest plan
applicable to the National Forest System land on which the
watershed protection and restoration project is carried out.
``(3) Environmental analysis.--The Secretary may conduct a
single environmental impact statement or similar analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)--
``(A) for each watershed protection and restoration project
included in the water source management plan; or
``(B) as part of the development of, or after the
finalization of, the water source management plan.
``(e) Forest Management Activities.--
``(1) In general.--To the extent that forest management
activities are necessary to protect, maintain, or enhance
water quality, and in accordance with paragraph (2), the
Secretary shall carry out forest management activities as
part of watershed protection and restoration projects carried
out on National Forest System land, with the primary purpose
of--
``(A) protecting a municipal water supply system;
``(B) restoring forest health from insect infestations and
disease; or
``(C) any combination of the purposes described in
subparagraphs (A) and (B).
``(2) Compliance.--The Secretary shall carry out forest
management activities under paragraph (1) in accordance
with--
``(A) this Act;
``(B) the applicable water source management plan;
``(C) the applicable forest plan; and
``(D) other applicable laws.
``(f) Endangered Species Act of 1973.--In carrying out the
Program, the Secretary may use the Manual on Adaptive
Management of the Department of the Interior, including any
associated guidance, to comply with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(g) Funds and Services.--
``(1) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and other
forms of investment and assistance from non-Federal partners
to implement the water source management plan.
[[Page H9912]]
``(2) Matching funds required.--The Secretary shall require
the contribution of funds or in-kind support from non-Federal
partners to be in an amount that is at least equal to the
amount of Federal funds.
``(3) Manner of use.--The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
``(4) Water source protection fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water Source
Protection Fund to match funds or in-kind support contributed
by non-Federal partners under paragraph (1).
``(B) Use of appropriated funds.--There is authorized to be
appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2023.
``(C) Partnership agreements.--The Secretary may make
multiyear commitments, if necessary, to implement 1 or more
partnership agreements under subsection (c).''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 303 and inserting the following:
``Sec. 303. Water Source Protection Program.''.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) In General.--Title III of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6541 et seq.) (as amended
by section 8404(a)) is amended by adding at the end the
following:
``SEC. 304. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this
section as the `Secretary'), may establish and maintain a
Watershed Condition Framework for National Forest System
land--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire regime,
risk of catastrophic fire, forest and rangeland vegetation,
invasive species, and insects and disease; and
``(H) other significant factors, as determined by the
Secretary;
``(2) to identify for protection and restoration up to 5
priority watersheds in each National Forest, and up to 2
priority watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by the
Secretary;
``(3) to develop a watershed protection and restoration
action plan for each priority watershed that--
``(A) takes into account existing restoration activities
being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for the impaired
condition of the watershed;
``(ii) a set of essential projects that, once completed,
will address the identified stressors and improve watershed
conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize protection and restoration activities
for each watershed restoration action plan;
``(5) to implement each watershed protection and
restoration action plan; and
``(6) to monitor the effectiveness of protection and
restoration actions and indicators of watershed health.
``(b) Coordination.--In carrying out subsection (a), the
Secretary shall--
``(1) coordinate with interested non-Federal landowners and
State, Tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding paragraph (2)
of subsection (a), the Secretary may identify a watershed as
a priority for rehabilitation in the Watershed Condition
Framework without using the process described in that
subsection if a Forest Supervisor determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) (as amended by section 8404(b)) is
amended by inserting after the item relating to section 303
the following:
``Sec. 304. Watershed Condition Framework.''.
SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT
INFESTATIONS AND RELATED DISEASES.
(a) In General.--Section 406 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6556) is amended to read
as follows:
``SEC. 406. TERMINATION OF EFFECTIVENESS.
``The authority provided by this title terminates effective
October 1, 2023.''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 406 and inserting the following:
``Sec. 406. Termination of effectiveness.''.
SEC. 8407. HEALTHY FORESTS RESTORATION ACT OF 2003
AMENDMENTS.
(a) Healthy Forests Reserve Program.--
(1) Additional purpose of program.--Section 501(a) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a))
is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) to conserve forest land that provides habitat for
species described in section 502(b); and''.
(2) Eligibility for enrollment.--Subsection (b) of section
502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572) is amended to read as follows:
``(b) Eligibility.--To be eligible for enrollment in the
healthy forests reserve program, land shall be private forest
land, or private land being restored to forest land, the
enrollment of which will maintain, restore, enhance, or
otherwise measurably--
``(1) increase the likelihood of recovery of a species that
is listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); or
``(2) improve the well-being of a species that--
``(A) is--
``(i) not listed as endangered or threatened under such
section; and
``(ii) a candidate for such listing, a State-listed
species, or a special concern species; or
``(B) is deemed a species of greatest conservation need by
a State wildlife action plan.''.
(3) Other enrollment considerations.--Section 502(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c))
is amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) conserve forest land that provides habitat for
species described in subsection (b); and''.
(4) Elimination of limitation on use of easements.--Section
502(e) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572(e)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(5) Enrollment of acreage owned by an indian tribe.--
Paragraph (2) of section 502(e) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated
by paragraph (4)) is amended, in subparagraph (B), by
striking clauses (ii) and (iii) and inserting the following
new clauses:
``(ii) a 10-year cost-share agreement;
``(iii) a permanent easement; or
``(iv) any combination of the options described in clauses
(i) through (iii).''.
(6) Enrollment priority.--Section 502(f)(1)(B) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572(f)(1)(B)) is amended by striking clause (ii) and
inserting the following:
``(ii)(I) are candidates for such listing, State-listed
species, or special concern species; or
``(II) are deemed a species of greatest conservation need
under a State wildlife action plan.''.
(7) Restoration plans.--Subsection (b) of section 503 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573)
is amended to read as follows:
``(b) Practices.--The restoration plan shall require such
restoration practices and measures as are necessary to
restore and enhance habitat for species described in section
502(b), including the following:
``(1) Land management practices.
``(2) Vegetative treatments.
``(3) Structural practices and measures.
``(4) Practices to increase carbon sequestration.
``(5) Practices to improve biological diversity.
``(6) Other practices and measures.''.
(8) Funding.--Section 508(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended--
(A) in the subsection heading, by striking ``Fiscal Years
2014 Through 2018'' and inserting ``Authorization of
Appropriations''; and
(B) by striking ``2018'' and inserting ``2023''.
(9) Technical correction.--Section 503(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is
amended by striking ``Secretary of Interior'' and inserting
``Secretary of the Interior''.
(b) Insect and Disease Infestation.--
(1) Treatment of areas.--Section 602(d)(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is
amended by striking ``subsection (b) to reduce the risk or
extent of, or increase the resilience to, insect or disease
infestation in the areas.'' and inserting the following:
``subsection (b)--
``(A) to reduce the risk or extent of, or increase the
resilience to, insect or disease infestation; or
``(B) to reduce hazardous fuels.''.
(2) Extension of authority.--Section 602(d)(2) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591a(d)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF
TREATMENT AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591a) is amended by striking subsection (f).
[[Page H9913]]
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST
INVENTORY AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C.
1642 note; Public Law 113-79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624)
is amended by striking ``annually'' and inserting ``for each
of fiscal years 2019 through 2023''.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking
``2018'' and inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment
and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law
109-54) is amended by striking ``2016'' and inserting
``2023''.
Subtitle F--Forest Management
SEC. 8601. DEFINITION OF NATIONAL FOREST SYSTEM.
In this subtitle, the term ``National Forest System'' has
the meaning given the term in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
PART I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND
MULE DEER HABITAT.
(a) In General.--Title VI of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591 et seq.) is amended
by adding at the end the following:
``SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND
MULE DEER HABITAT.
``(a) Definitions.--In this section:
``(1) Covered vegetation management activity.--
``(A) In general.--The term `covered vegetation management
activity' means any activity described in subparagraph (B)
that--
``(i)(I) is carried out on National Forest System land
administered by the Forest Service; or
``(II) is carried out on public land administered by the
Bureau of Land Management;
``(ii) with respect to public land, meets the objectives of
the order of the Secretary of the Interior numbered 3336 and
dated January 5, 2015;
``(iii) conforms to an applicable forest plan or land use
plan;
``(iv) protects, restores, or improves greater sage-grouse
or mule deer habitat in a sagebrush steppe ecosystem as
described in--
``(I) Circular 1416 of the United States Geological Survey
entitled `Restoration Handbook for Sagebrush Steppe
Ecosystems with Emphasis on Greater Sage-Grouse Habitat--Part
1. Concepts for Understanding and Applying Restoration'
(2015); or
``(II) the habitat guidelines for mule deer published by
the Mule Deer Working Group of the Western Association of
Fish and Wildlife Agencies;
``(v) will not permanently impair--
``(I) the natural state of the treated area;
``(II) outstanding opportunities for solitude;
``(III) outstanding opportunities for primitive, unconfined
recreation;
``(IV) economic opportunities consistent with multiple-use
management; or
``(V) the identified values of a unit of the National
Landscape Conservation System;
``(vi)(I) restores native vegetation following a natural
disturbance;
``(II) prevents the expansion into greater sage-grouse or
mule deer habitat of--
``(aa) juniper, pinyon pine, or other associated conifers;
or
``(bb) nonnative or invasive vegetation;
``(III) reduces the risk of loss of greater sage-grouse or
mule deer habitat from wildfire or any other natural
disturbance; or
``(IV) provides emergency stabilization of soil resources
after a natural disturbance; and
``(vii) provides for the conduct of restoration treatments
that--
``(I) maximize the retention of old-growth and large trees,
as appropriate for the forest type;
``(II) consider the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity;
``(III) are developed and implemented through a
collaborative process that--
``(aa) includes multiple interested persons representing
diverse interests; and
``(bb)(AA) is transparent and nonexclusive; or
``(BB) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125); and
``(IV) may include the implementation of a proposal that
complies with the eligibility requirements of the
Collaborative Forest Landscape Restoration Program under
section 4003(b) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(b)).
``(B) Description of activities.--An activity referred to
in subparagraph (A) is--
``(i) manual cutting and removal of juniper trees, pinyon
pine trees, other associated conifers, or other nonnative or
invasive vegetation;
``(ii) mechanical mastication, cutting, or mowing,
mechanical piling and burning, chaining, broadcast burning,
or yarding;
``(iii) removal of cheat grass, medusa head rye, or other
nonnative, invasive vegetation;
``(iv) collection and seeding or planting of native
vegetation using a manual, mechanical, or aerial method;
``(v) seeding of nonnative, noninvasive, ruderal vegetation
only for the purpose of emergency stabilization;
``(vi) targeted use of an herbicide, subject to the
condition that the use shall be in accordance with applicable
legal requirements, Federal agency procedures, and land use
plans;
``(vii) targeted livestock grazing to mitigate hazardous
fuels and control noxious and invasive weeds;
``(viii) temporary removal of wild horses or burros in the
area in which the activity is being carried out to ensure
treatment objectives are met;
``(ix) in coordination with the affected permit holder,
modification or adjustment of permissible usage under an
annual plan of use of a grazing permit issued by the
Secretary concerned to achieve restoration treatment
objectives;
``(x) installation of new, or modification of existing,
fencing or water sources intended to control use or improve
wildlife habitat; or
``(xi) necessary maintenance of, repairs to, rehabilitation
of, or reconstruction of an existing permanent road or
construction of temporary roads to accomplish the activities
described in this subparagraph.
``(C) Exclusions.--The term `covered vegetation management
activity' does not include--
``(i) any activity conducted in a wilderness area or
wilderness study area;
``(ii) any activity for the construction of a permanent
road or permanent trail;
``(iii) any activity conducted on Federal land on which, by
Act of Congress or Presidential proclamation, the removal of
vegetation is restricted or prohibited;
``(iv) any activity conducted in an area in which
activities under subparagraph (B) would be inconsistent with
the applicable land and resource management plan; or
``(v) any activity conducted in an inventoried roadless
area.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect to public
land.
``(3) Temporary road.--The term `temporary road' means a
road that is--
``(A) authorized--
``(i) by a contract, permit, lease, other written
authorization; or
``(ii) pursuant to an emergency operation;
``(B) not intended to be part of the permanent
transportation system of a Federal department or agency;
``(C) not necessary for long-term resource management;
``(D) designed in accordance with standards appropriate for
the intended use of the road, taking into consideration--
``(i) safety;
``(ii) the cost of transportation; and
``(iii) impacts to land and resources; and
``(E) managed to minimize--
``(i) erosion; and
``(ii) the introduction or spread of invasive species.
``(b) Categorical Exclusion.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall
develop a categorical exclusion (as defined in section 1508.4
of title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetation management activities
carried out to protect, restore, or improve habitat for
greater sage-grouse or mule deer.
``(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
concerned shall--
``(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(B) with respect to National Forest System land, apply
the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or successor
regulations), in determining whether to use the categorical
exclusion;
``(C) with respect to public land, apply the extraordinary
circumstances procedures under section 46.215 of title 43,
Code of Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion; and
``(D) consider--
``(i) the relative efficacy of landscape-scale habitat
projects;
``(ii) the likelihood of continued declines in the
populations of greater sage-grouse and mule deer in the
absence of landscape-scale vegetation management; and
``(iii) the need for habitat restoration activities after
wildfire or other natural disturbances.
``(c) Implementation of Covered Vegetative Management
Activities Within the Range of Greater Sage-grouse and Mule
Deer.--If the categorical exclusion developed under
subsection (b) is used to implement a covered vegetative
management activity in an area within the range of both
greater sage-grouse and mule deer, the covered vegetative
management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule
deer.
``(d) Long-term Monitoring and Maintenance.--Before
commencing any covered vegetation management activity that is
covered by the categorical exclusion under subsection (b),
the Secretary concerned shall develop a long-term monitoring
and maintenance plan, covering at least the 20-year period
beginning on the date of commencement, to ensure that
management of
[[Page H9914]]
the treated area does not degrade the habitat gains secured
by the covered vegetation management activity.
``(e) Disposal of Vegetative Material.--Subject to
applicable local restrictions, any vegetative material
resulting from a covered vegetation management activity that
is covered by the categorical exclusion under subsection (b)
may be--
``(1) used for--
``(A) fuel wood; or
``(B) other products; or
``(2) piled or burned, or both.
``(f) Treatment for Temporary Roads.--
``(1) In general.--Notwithstanding subsection
(a)(1)(B)(xi), any temporary road constructed in carrying out
a covered vegetation management activity that is covered by
the categorical exclusion under subsection (b)--
``(A) shall be used by the Secretary concerned for the
covered vegetation management activity for not more than 2
years; and
``(B) shall be decommissioned by the Secretary concerned
not later than 3 years after the earlier of the date on
which--
``(i) the temporary road is no longer needed; and
``(ii) the project is completed.
``(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
``(A) as soon as practicable; but
``(B) not later than 10 years after the date of completion
of the applicable covered vegetation management activity.
``(g) Limitations.--
``(1) Project size.--A covered vegetation management
activity that is covered by the categorical exclusion under
subsection (b) may not exceed 4,500 acres.
``(2) Location.--A covered vegetation management activity
carried out on National Forest System land that is covered by
the categorical exclusion under subsection (b) shall be
limited to areas designated under section 602(b), as of the
date of enactment of this section.''.
(b) Conforming Amendments.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by adding at the end of the
items relating to title VI the following:
``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. Wildfire resilience projects.
``Sec. 606. Categorical exclusion for greater sage-grouse and mule deer
habitat.''.
PART II--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL
PARCELS OF NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3
of Public Law 97-465 (commonly known as the ``Small Tract Act
of 1983'') (16 U.S.C. 521e) is amended in the matter
preceding paragraph (1) by striking ``$150,000'' and
inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public
Law 97-465 (16 U.S.C. 521e) (as amended by subsection (a)) is
amended--
(1) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) parcels of 40 acres or less that are determined by
the Secretary--
``(A) to be physically isolated from other Federal land;
``(B) to be inaccessible; or
``(C) to have lost National Forest character;
``(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a
permanent habitable improvement for which there is no
evidence that the encroachment was intentional or negligent;
or
``(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery),
a landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the
Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-
465 (16 U.S.C. 521d) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary is authorized'' and inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary
is authorized'';
(2) in paragraph (2), in the second sentence, by striking
``The Secretary shall insert'' and inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--
``(1) In general.--The Secretary shall insert'';
(3) in subsection (b) (as so designated)--
(A) by striking ``convenants'' and inserting ``covenants'';
and
(B) in the second sentence by striking ``The preceding
sentence shall not'' and inserting the following:
``(2) Limitation.--Paragraph (1) shall not''; and
(4) by adding at the end the following:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under paragraph (4), (5), or
(6) of section 3 shall be deposited in the fund established
under Public Law 90-171 (commonly known as the `Sisk Act')
(16 U.S.C. 484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land for
administrative sites for the National Forest System in the
State from which the amounts were derived;
``(B) the acquisition of land or interests in land for
inclusion in the National Forest System in that State,
including land or interests in land that enhance
opportunities for recreational access; or
``(C) the reimbursement of the Secretary for costs incurred
in preparing a sale conducted under the authority of section
3 if the sale is a competitive sale.''.
SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C.
3851a) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Termination of Effectiveness.--The authority provided
to the Secretary to carry out this section terminates
effective October 1, 2023.''.
SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) Definitions.--In this section:
(1) Administrative site.--
(A) In general.--The term ``administrative site'' means--
(i) any facility or improvement, including curtilage, that
was acquired or is used specifically for purposes of
administration of the National Forest System;
(ii) any Federal land that--
(I) is associated with a facility or improvement described
in clause (i) that was acquired or is used specifically for
purposes of administration of Forest Service activities; and
(II) underlies or abuts the facility or improvement; and
(iii) for each fiscal year, not more than 10 isolated,
undeveloped parcels of not more than 40 acres each.
(B) Exclusions.--The term ``administrative site'' does not
include--
(i) any land within a unit of the National Forest System
that is exclusively designated for natural area or
recreational purposes;
(ii) any land within--
(I) a component of the National Wilderness Preservation
System;
(II) a component of the National Wild and Scenic Rivers
System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary determines--
(I) is needed for resource management purposes or to
provide access to other land or water; or
(II) would be in the public interest not to lease.
(2) Facility or improvement.--The term ``facility or
improvement'' includes--
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for conducting
Forest Service activities.
(3) Market analysis.--The term ``market analysis'' means
the identification and study of the market for a particular
economic good or service.
(b) Authorization.--The Secretary may lease an
administrative site that is under the jurisdiction of the
Secretary in accordance with this section.
(c) Identification of Eligible Sites.--A regional forester,
in consultation with forest supervisors in the region, may
submit to the Secretary a recommendation for administrative
sites in the region that the regional forester considers
eligible for leasing under this section.
(d) Consultation With Local Government and Public Notice.--
Before making an administrative site available for lease
under this section, the Secretary shall--
(1) consult with government officials of the community and
of the State in which the administrative site is located; and
(2) provide public notice of the proposed lease.
(e) Lease Requirements.--
(1) Size.--An administrative site or compound of
administrative sites under a single lease under this section
may not exceed 40 acres.
(2) Configuration of administrative sites.--
(A) In general.--To facilitate the lease of an
administrative site under this section, the Secretary may
configure the administrative site--
(i) to maximize the marketability of the administrative
site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or improvement.--A
facility or improvement on an administrative site to be
leased under this section may be severed from the land and
leased under a separate lease under this section.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this section shall provide
to the Secretary consideration described in subparagraph (B)
in an amount that is not less than the market value of the
administrative site, as determined in accordance with
subparagraph (C).
(B) Form of consideration.--The consideration referred to
in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new facilities or improvements, the
title to which shall be transferred by the lessee to the
Secretary;
(II) the maintenance, repair, improvement, or restoration
of existing facilities or improvements; and
[[Page H9915]]
(III) other services relating to activities that occur on
the administrative site, as determined by the Secretary; or
(iii) any combination of the consideration described in
clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall determine the market
value of an administrative site to be leased under this
section--
(I) by conducting an appraisal in accordance with--
(aa) the Uniform Appraisal Standards for Federal Land
Acquisitions established in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.); and
(bb) the Uniform Standards of Professional Appraisal
Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary shall determine
the market value of any in-kind consideration under
subparagraph (B)(ii).
(4) Conditions.--The lease of an administrative site under
this section shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(5) Right of first refusal.--Subject to terms and
conditions that the Secretary determines to be necessary, the
Secretary shall offer to lease an administrative site to the
municipality or county in which the administrative site is
located before seeking to lease the administrative site to
any other person.
(f) Relation to Other Laws.--
(1) Federal property disposal.--Chapter 5 of title 40,
United States Code, shall not apply to the lease of an
administrative site under this section.
(2) Lead-based paint and asbestos abatement.--
(A) In general.--Notwithstanding any provision of law
relating to the mitigation or abatement of lead-based paint
or asbestos-containing building materials, the Secretary
shall not be required to mitigate or abate lead-based paint
or asbestos-containing building materials with respect to an
administrative site to be leased under this section.
(B) Procedures.--With respect to an administrative site to
be leased under this section that has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(i) provide notice to the person to which the
administrative site will be leased of the presence of the
lead-based paint or asbestos-containing building material;
and
(ii) obtain written assurance from that person that the
person will comply with applicable Federal, State, and local
laws relating to the management of lead-based paint and
asbestos-containing building materials.
(3) Environmental review.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
the lease of an administrative site under this section,
except that, in any environmental review or analysis required
under that Act for the lease of an administrative site under
this section, the Secretary shall be required only--
(A) to analyze the most reasonably foreseeable use of the
administrative site, as determined through a market analysis;
(B) to determine whether to include any conditions under
subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Compliance with local laws.--A person that leases an
administrative site under this section shall comply with all
applicable State and local zoning laws, building codes, and
permit requirements for any construction activities that
occur on the administrative site.
(g) Prohibition.--No agency of the Federal Government shall
make any cash payments to a leaseholder relating to the use
or occupancy of any administrative site or facility that has
been improved under this section.
(h) Congressional Notifications.--
(1) Anticipated use of authority.--As part of the annual
budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, the Secretary
shall include--
(A) a list of the anticipated leases to be made, including
the anticipated revenue that may be obtained, under this
section;
(B) a description of the intended use of any revenue
obtained under a lease under this section, including a list
of any projects that cost more than $500,000; and
(C) a description of accomplishments during previous years
using the authority of the Secretary under this section.
(2) Changes to lease list.--If the Secretary desires to
lease an administrative site under this section that is not
included on a list provided under paragraph (1)(A), the
Secretary shall submit to the congressional committees
described in paragraph (3) a notice of the proposed lease,
including the anticipated revenue that may be obtained from
the lease.
(3) Use of authority.--Not less frequently than once each
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the
Committee on Natural Resources of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate a
report describing each lease made by the Secretary under this
section during the period covered by the report.
(i) Expiration of Authority.--
(1) In general.--The authority of the Secretary to make a
lease of an administrative site under this section expires on
October 1, 2023.
(2) Effect on lease agreement.--Paragraph (1) shall not
affect the authority of the Secretary to carry out this
section in the case of any lease agreement that was entered
into by the Secretary before October 1, 2023.
SEC. 8624. GOOD NEIGHBOR AUTHORITY.
(a) Inclusion of Indian Tribes.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(A), by striking ``land and non-Federal
land'' and inserting ``land, non-Federal land, and land owned
by an Indian tribe'';
(2) in paragraph (5), by inserting ``or Indian tribe''
after ``affected State'';
(3) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).''.
(b) Inclusion of Counties.--Section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``or county, as
applicable,'' after ``Governor'';
(B) by redesignating paragraphs (2) through (9) (as amended
by subsection (a)) as paragraphs (3) through (10),
respectively;
(C) by inserting after paragraph (1) the following:
``(2) County.--The term `county' means--
``(A) the appropriate executive official of an affected
county; or
``(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the
affected counties.''; and
(D) in paragraph (5) (as so redesignated), by inserting
``or county, as applicable,'' after ``Governor''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or county'' after
``Governor'';
(B) in paragraph (2)(A), by striking ``cooperative
agreement or contract entered into under subsection (a)'' and
inserting ``good neighbor agreement'';
(C) in paragraph (3), by inserting ``or county'' after
``Governor''; and
(D) by adding at the end the following:
``(4) Receipts.--Notwithstanding any other provision of
law, any payment made by a county to the Secretary under a
project conducted under a good neighbor agreement shall not
be considered to be monies received from National Forest
System land or Bureau of Land Management land, as
applicable.''.
(c) Treatment of Revenue From Timber Sale Contracts.--
Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)) is amended by adding at the end the following:
``(C) Treatment of revenue.--
``(i) In general.--Funds received from the sale of timber
by a Governor of a State under a good neighbor agreement
shall be retained and used by the Governor--
``(I) to carry out authorized restoration services on
Federal land under the good neighbor agreement; and
``(II) if there are funds remaining after carrying out
subclause (I), to carry out authorized restoration services
on Federal land within the State under other good neighbor
agreements.
``(ii) Termination of effectiveness.--The authority
provided by this subparagraph terminates effective October 1,
2023.''.
SEC. 8625. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND
ADJUSTMENT.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to
manage or have lost their principal value for National Forest
purposes;
(2) the disposal of that National Forest System land would
be in the public interest; and
(3) proceeds from the sale of National Forest System land
under subsection (b)(1) would be used best by the Forest
Service to purchase land for National Forest purposes in the
State of Georgia.
(b) Land Conveyance Authority.--
(1) In general.--Under such terms and conditions as the
Secretary may prescribe, the Secretary may sell or exchange
any or all rights, title, and interest of the United States
in and to the National Forest System land described in
paragraph (2)(A).
(2) Land authorized for disposal.--
(A) In general.--The National Forest System land referred
to in paragraph (1) is the 30 tracts of land totaling
approximately 3,841 acres that are generally depicted on the
2 maps entitled ``Priority Land Adjustments, State of
Georgia, U.S. Forest Service-Southern Region, Oconee and
Chattahoochee National Forests, U.S. Congressional Districts-
8, 9, 10 & 14'' and dated September 24, 2013.
(B) Maps.--The maps described in subparagraph (A) shall be
on file and available for public inspection in the Office of
the Forest Supervisor, Chattahoochee-Oconee National Forest,
until such time as the land is sold or exchanged.
(C) Modification of boundaries.--The Secretary may modify
the boundaries of the National Forest System land described
in subparagraph (A) based on land management considerations.
(3) Form of conveyance.--
(A) Quitclaim deed.--The Secretary shall convey National
Forest System land sold or exchanged under paragraph (1) by
quitclaim deed.
(B) Reservations.--The Secretary may reserve any rights-of-
way or other rights or interests in National Forest System
land sold or exchanged under paragraph (1) that the Secretary
considers necessary for management purposes or to protect the
public interest.
(4) Valuation.--
(A) Market value.--The Secretary may not sell or exchange
National Forest System land under paragraph (1) for less than
market value,
[[Page H9916]]
as determined by appraisal or through competitive bid.
(B) Appraisal requirements.--Any appraisal under
subparagraph (A) shall be--
(i) consistent with the Uniform Appraisal Standards for
Federal Land Acquisitions or the Uniform Standards of
Professional Appraisal Practice; and
(ii) subject to the approval of the Secretary.
(5) Consideration.--
(A) Cash.--Consideration for a sale of National Forest
System land or equalization of an exchange under paragraph
(1) shall be paid in cash.
(B) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of any National
Forest System land exchanged under paragraph (1).
(6) Method of sale.--
(A) Options.--The Secretary may sell National Forest System
land under paragraph (1) at public or private sale, including
competitive sale by auction, bid, or otherwise, in accordance
with such terms, conditions, and procedures as the Secretary
determines are in the best interest of the United States.
(B) Solicitations.--The Secretary may--
(i) make public or private solicitations for the sale or
exchange of National Forest System land under paragraph (1);
and
(ii) reject any offer that the Secretary determines is not
adequate or not in the public interest.
(7) Brokers.--The Secretary may--
(A) use brokers or other third parties in the sale or
exchange of National Forest System land under paragraph (1);
and
(B) from the proceeds of a sale, pay reasonable commissions
or fees.
(c) Treatment of Proceeds.--
(1) Deposit.--Subject to subsection (b)(7)(B), the
Secretary shall deposit the proceeds of a sale or a cash
equalization payment received from the sale or exchange of
National Forest System land under subsection (b)(1) in the
fund established under Public Law 90-171 (commonly known as
the ``Sisk Act'') (16 U.S.C. 484a).
(2) Availability.--Subject to paragraph (3), amounts
deposited under paragraph (1) shall be available to the
Secretary until expended, without further appropriation, for
the acquisition of land for National Forest purposes in the
State of Georgia.
(3) Private property protection.--Nothing in this section
authorizes the use of funds deposited under paragraph (1) to
be used to acquire land without the written consent of the
owner of the land.
SEC. 8626. TENNESSEE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Areas and Additions-Cherokee National
Forest'' and dated January 20, 2010.
(2) State.--The term ``State'' means the State of
Tennessee.
(b) Additions to Cherokee National Forest.--
(1) Designation of wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
parcels of Federal land in the Cherokee National Forest in
the State are designated as wilderness and as additions to
the National Wilderness Preservation System:
(A) Certain land comprising approximately 9,038 acres, as
generally depicted as the ``Upper Bald River Wilderness'' on
the Map and which shall be known as the ``Upper Bald River
Wilderness''.
(B) Certain land comprising approximately 348 acres, as
generally depicted as the ``Big Frog Addition'' on the Map
and which shall be incorporated in, and shall be considered
to be a part of, the Big Frog Wilderness.
(C) Certain land comprising approximately 630 acres, as
generally depicted as the ``Little Frog Mountain Addition
NW'' on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Little Frog Mountain
Wilderness.
(D) Certain land comprising approximately 336 acres, as
generally depicted as the ``Little Frog Mountain Addition
NE'' on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Little Frog Mountain
Wilderness.
(E) Certain land comprising approximately 2,922 acres, as
generally depicted as the ``Sampson Mountain Addition'' on
the Map and which shall be incorporated in, and shall be
considered to be a part of, the Sampson Mountain Wilderness.
(F) Certain land comprising approximately 4,446 acres, as
generally depicted as the ``Big Laurel Branch Addition'' on
the Map and which shall be incorporated in, and shall be
considered to be a part of, the Big Laurel Branch Wilderness.
(G) Certain land comprising approximately 1,836 acres, as
generally depicted as the ``Joyce Kilmer-Slickrock Addition''
on the Map and which shall be incorporated in, and shall be
considered to be a part of, the Joyce Kilmer-Slickrock
Wilderness.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of the wilderness areas designated by
paragraph (1) with the appropriate committees of Congress.
(B) Public availability.--The maps and legal descriptions
filed under subparagraph (A) shall be on file and available
for public inspection in the office of the Chief of the
Forest Service and the office of the Supervisor of the
Cherokee National Forest.
(C) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect
as if included in this Act, except that the Secretary may
correct typographical errors in the maps and descriptions.
(3) Administration.--
(A) In general.--Subject to valid existing rights, the
Federal land designated as wilderness by paragraph (1) shall
be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be deemed to be a reference to the date of enactment of this
Act.
(B) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this section affects the jurisdiction of the State
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
wilderness areas designated by paragraph (1).
SEC. 8627. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.
(a) Finding.--Congress finds that it is in the public
interest to authorize the conveyance of certain Federal land
in the Kisatchie National Forest in the State of Louisiana
for market value consideration.
(b) Definitions.--In this section:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a
corporation incorporated under the laws of the State.
(2) State.--The term ``State'' means the State of
Louisiana.
(c) Authorization of Conveyances, Kisatchie National
Forest, Louisiana.--
(1) Authorization.--
(A) In general.--Subject to valid existing rights and
paragraph (2), the Secretary may convey the Federal land
described in subparagraph (B) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(B) Description of land.--The Federal land referred to in
subparagraph (A) consists of--
(i) all Federal land within sec. 9, T. 10 N., R. 5 W., Winn
Parish, Louisiana; and
(ii) a 2.16-acre parcel of Federal land located in the
SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish, Louisiana,
as depicted on a certificate of survey dated March 7, 2007,
by Glen L. Cannon, P.L.S. 4436.
(2) First right of purchase.--Subject to valid existing
rights and subsection (e), during the 1-year period beginning
on the date of enactment of this Act, on the provision of
consideration by the Collins Camp Properties to the
Secretary, the Secretary shall convey, by quitclaim deed, to
Collins Camp Properties all right, title, and interest of the
United States in and to--
(A) the not more than 47.92 acres of Federal land
comprising the Collins Campsites within sec. 9, T. 10 N., R.
5 W., in Winn Parish, Louisiana, as generally depicted on a
certificate of survey dated February 28, 2007, by Glen L.
Cannon, P.L.S. 4436; and
(B) the parcel of Federal land described in paragraph
(1)(B)(ii).
(3) Terms and conditions.--The Secretary may--
(A) configure the Federal land to be conveyed under this
section--
(i) to maximize the marketability of the conveyance; or
(ii) to achieve management objectives; and
(B) establish any terms and conditions for the conveyances
under this section that the Secretary determines to be in the
public interest.
(4) Consideration.--Consideration for a conveyance of
Federal land under this section shall be--
(A) in the form of cash; and
(B) in an amount equal to the market value of the Federal
land being conveyed, as determined under paragraph (5).
(5) Market value.--The market value of the Federal land
conveyed under this section shall be determined--
(A) in the case of Federal land conveyed under paragraph
(2), by an appraisal that is--
(i) conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions; and
(ii) approved by the Secretary; or
(B) if conveyed by a method other than the methods
described in paragraph (2), by competitive sale.
(6) Hazardous substances.--
(A) In general.--In any conveyance of Federal land under
this section, the Secretary shall meet disclosure
requirements for hazardous substances, but shall otherwise
not be required to remediate or abate the substances.
(B) Effect.--Except as provided in subparagraph (A),
nothing in this subsection affects the application of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the
conveyances of Federal land.
(d) Proceeds From the Sale of Land.--The Secretary shall
deposit the proceeds of a conveyance of Federal land under
subsection (c) in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(e) Administration.--
(1) Costs.--As a condition of a conveyance of Federal land
to Collins Camp Properties under subsection (c), the
Secretary shall require Collins Camp Properties to pay at
closing--
(A) reasonable appraisal costs; and
(B) the cost of any administrative and environmental
analyses required by law (including regulations).
(2) Permits.--
(A) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under subsection (c)
shall be accompanied by a written statement from each holder
of a Forest Service special use authorization with respect to
the Federal land that specifies that the
[[Page H9917]]
holder agrees to relinquish the special use authorization on
the conveyance of the Federal land to Collins Camp
Properties.
(B) Special use authorizations.--If any holder of a special
use authorization described in subparagraph (A) fails to
provide a written authorization in accordance with that
subparagraph, the Secretary shall require, as a condition of
the conveyance, that Collins Camp Properties administer the
special use authorization according to the terms of the
special use authorization until the date on which the special
use authorization expires.
SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Findings.--Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately
8.75 acres, more specifically described in subsection (b)(1)
(in this section referred to as the ``property'').
(2) The property is under the jurisdiction of the
Department of Agriculture and has been variously used for
research and plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service of the Department of
Agriculture.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California
Public Resources Code.
(5) The Conservation District wishes to purchase the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in subsection (b), the purchase of the
property by the Conservation District would promote the
conservation education and related activities of the
Conservation District and result in savings to the Federal
Government.
(b) Land Purchase, Natural Resources Conservation Service
Property, Riverside County, California.--
(1) Purchase authorized.--The Secretary shall sell and
quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation
District'') all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, that is located at 4500 Glenwood Drive
in Riverside, California, consists of approximately 8.75
acres, and is administered by the Natural Resources
Conservation Service of the Department of Agriculture. As
necessary or desirable to facilitate the purchase of the
property under this subsection, the Secretary or the
Conservation District may survey all or portions of the
property.
(2) Consideration.--As consideration for the purchase of
the property under this subsection, the Conservation District
shall pay to the Secretary an amount equal to the appraised
value of the property.
(3) Prohibition on reservation of interest.--The Secretary
shall not reserve any future interest in the property to be
conveyed under this subsection, except such interest as may
be acceptable to the Conservation District.
(4) Hazardous substances.--Notwithstanding section 120(h)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), in the case of
the property purchased by the Conservation District under
this subsection, the Secretary shall be only required to meet
the disclosure requirements for hazardous substances,
pollutants, or contaminants, but shall otherwise not be
required to remediate or abate any such releases of hazardous
substances, pollutants, or contaminants, including petroleum
and petroleum derivatives.
(5) Cooperative authority.--
(A) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
purchase of the property by the Conservation District under
this subsection, the Secretary may enter into leases,
contracts and cooperative agreements with the Conservation
District.
(B) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(C) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
SEC. 8629. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.
(a) Waiver Authority.--Section 4003(d) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(d)) is
amended by adding at the end the following:
``(4) Waiver.--
``(A) In general.--Subject to subparagraph (B), after
consulting with the advisory panel established under
subsection (e), if the Secretary determines that a proposal
that has been selected under paragraph (1) and is being
carried out continues to meet the eligibility criteria
established by subsection (b), the Secretary, on a case-by-
case basis, may issue for the proposal a 1-time extension of
the 10-year period requirement under paragraph (1)(B) of that
subsection.
``(B) Limitation.--The extension described in subparagraph
(A)--
``(i) shall be for the shortest period of time practicable
to complete implementation of the proposal, as determined by
the Secretary; and
``(ii) shall not exceed 10 years.''.
(b) Waiver Limitation.--Section 4003(f)(4) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is
amended by adding at the end the following:
``(C) Exception.--The limitation described in subparagraph
(B)(i) shall not apply to a proposal for which a 1-time
extension is granted under subsection (d)(4).''.
(c) Reauthorization.--Section 4003(f)(6) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is
amended by striking ``$40,000,000 for each of fiscal years
2009 through 2019'' and inserting ``$80,000,000 for each of
fiscal years 2019 through 2023''.
(d) Reporting Requirements.--Section 4003(h) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;''; and
(5) by adding at the end the following:
``(6) the Committee on Agriculture of the House of
Representatives.''.
SEC. 8630. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION
MANAGEMENT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) National forest system land.--
(A) In general.--The term ``National Forest System land''
means land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusions.--The term ``National Forest System land''
does not include--
(i) a National Grassland; or
(ii) a land utilization project on land designated as a
National Grassland and administered pursuant to sections 31,
32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010, 1011, 1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside of a right-of-way.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(4) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service
allowing the placement of utility infrastructure.
(5) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural
gas infrastructure, or related structures.
(b) Establishment.--
(1) In general.--To encourage owners or operators of
rights-of-way on National Forest System land to partner with
the Forest Service to voluntarily conduct vegetation
management projects on a proactive basis to better protect
utility infrastructure from potential passing wildfires, the
Secretary may establish a limited, voluntary pilot program,
in the manner described in this section, to conduct
vegetation management projects on National Forest System land
adjacent to those rights-of-way.
(2) Application.--The pilot program shall not apply in a
right-of-way described in paragraph (1).
(c) Eligible Participants.--
(1) In general.--A participant in the pilot program shall
be the owner or operator of a right-of-way on National Forest
System land.
(2) Selection priority.--In selecting participants for the
pilot program, the Secretary shall give priority to an owner
or operator of a right-of-way that has developed the utility
infrastructure protection prescriptions of the owner or
operator in coordination with Forest Service fire scientists
or fire managers.
(d) Vegetation Management Projects.--
(1) In general.--A vegetation management project conducted
under the pilot program shall involve only limited vegetation
management activities that--
(A) shall create the least ground disturbance and least
disturbance to wildlife reasonably necessary to protect
utility infrastructure from passing wildfires based on
applicable models, including Forest Service fuel models;
(B) may include thinning and treatment of surface fuels,
ladder fuels, and activity fuels to create or maintain shaded
fuel breaks or other appropriate measures recommended by
Forest Service fire scientists or fire managers;
(C)(i) shall only be conducted on National Forest System
land; and
(ii) shall not--
(I) extend for more than 150 feet from the electric
transmission line for which the applicable participant has a
right-of-way; or
(II) comprise an overall width, for both sides of that
electric transmission line, that totals more than 200 feet;
and
(D) shall not be conducted on--
(i) a component of the National Wilderness Preservation
System;
(ii) a designated wilderness study area;
(iii) an inventoried roadless area; or
(iv) Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited.
(2) Approval.--Each vegetation management project described
in paragraph (1) shall be subject to approval by the Forest
Service in accordance with this section.
(3) Fire prevention.--In carrying out a vegetation
management project under the pilot program, a participant
shall adhere to--
(A) Forest Service regulations relating to spark arresting
devices;
(B) Forest Service regulations limiting and prohibiting
certain activities conducted by contractors in an area, based
on weather conditions and fire danger;
(C) Forest Service regulations that apply to contractors
removing vegetation on National Forest System land pursuant
to a timber sale or
[[Page H9918]]
stewardship contract, including regulations relating to--
(i) protection of residual trees and timber damaged by
contractors;
(ii) protection measures needed for plants, animals,
cultural resources, and cave resources;
(iii) streamcourse protection and erosion control;
(iv) fire plans, precautions, and precautionary periods;
(v) fire suppression costs; and
(vi) employment of eligible workers; and
(D) State regulations relating to the prevention of
wildfires and contractors removing vegetation.
(4) Treatment of slash.--In carrying out a vegetation
management project under the pilot program, a participant
shall treat any activity fuels in a manner that--
(A) is satisfactory to the Forest Service;
(B) does not result in a fire hazard; and
(C) reduces the risk of an insect or disease outbreak.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f)(2), a participant in the pilot program shall
be responsible for all costs, as determined by the Secretary,
incurred in participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds
for a vegetation management project conducted under the pilot
program if the Secretary determines that the contribution is
in the public interest.
(f) Liability.--
(1) Activities within rights-of-way.--Participation in the
pilot program shall not affect any legal obligations or
liability standards that arise under the right-of-way for
activities in the right-of-way.
(2) Wildfires.--
(A) Operations fires.--
(i) In general.--With respect to fire suppression costs for
a wildfire caused by the operations of a participant in the
pilot program (other than an operation or activity of a
participant described in subparagraph (B) or (C)), the
participant shall reimburse the Forest Service for those
costs, subject to a maximum dollar amount to which the Forest
Service and the participant shall agree prior to the
commencement of the project.
(ii) Credit for actions by participants.--
(I) In general.--If a participant in the pilot program
provides actions, supplies, or equipment for use to suppress
a wildfire described in clause (i) or at the request of the
Forest Service, the cost of those actions, supplies, or
equipment shall be credited toward the maximum dollar amount
described in that clause.
(II) Reimbursement.--If the actual cost of a participant
described in subclause (I) exceeds the maximum dollar amount
described in clause (i), the Forest Service shall reimburse
the participant for the excess.
(B) Negligent fires.--
(i) In general.--Subject to clause (ii), if a wildfire is
caused by the negligence of a participant in the pilot
program, or an agent of the participant, including a wildfire
caused by smoking by persons engaged in the operations of the
participant, the participant shall bear the cost of damages
to Forest Service resources and the fire suppression costs
resulting from the wildfire.
(ii) Limitation.--Except as provided in clause (iii), the
costs borne by a participant under clause (i) shall not
exceed $500,000.
(iii) Failure to comply.--If the start or spread of a
wildfire described in clause (i) is caused by the failure of
the participant to comply with specific safety requirements
expressly imposed by the Forest Service as a condition of
conducting a vegetation management project under the pilot
program or by this section, the participant shall bear the
cost of damages to Forest Service resources and the fire
suppression costs resulting from the wildfire.
(C) Exceptions.--This paragraph shall not apply in the case
of a wildfire caused by the felling of a tree by a
participant in the pilot program, or an agent of the
participant, onto an electric transmission line.
(3) Effect.--Nothing in this subsection relieves a
participant in the pilot program of any liabilities to which
the participant is subject--
(A) under State laws; or
(B) with regard to damages to property other than Forest
Service property.
(g) Implementation.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall use the authority of the Secretary under
other laws (including regulations) to carry out the pilot
program.
(2) Compliance with existing laws.--Except as provided in
paragraph (3), a vegetation management project under the
pilot program shall be--
(A) consistent with the applicable land management plan for
the area in which the project is located; and
(B) carried out in accordance with all applicable laws,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) Modification of regulations.--In order to implement the
pilot program in an efficient and expeditious manner, the
Secretary may waive or modify specific provisions of the
Federal Acquisition Regulation, including waivers or
modifications to allow for the formation of contracts or
agreements on a noncompetitive basis.
(h) Treatment of Proceeds.--Notwithstanding any other
provision of law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use funds retained under paragraph (1), in such amounts
as may be appropriated, to carry out the pilot program.
(i) Report to Congress.--Not later than December 31, 2020,
and 2 years thereafter, the Secretary shall submit a report
describing the status of the pilot program and vegetation
management projects conducted under the pilot program to--
(1) the Committees on Agriculture, Nutrition, and Forestry
and Energy and Natural Resources of the Senate; and
(2) the Committees on Agriculture and Natural Resources of
the House of Representatives.
(j) Duration.--The authority to carry out the pilot
program, including any vegetation management project
conducted under the pilot program, expires on October 1,
2023.
SEC. 8631. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND
CONVEYANCE.
(a) Definition of Alliance.--In this section, the term
``Alliance'' means the Scenic Rivers Development Alliance.
(b) Request.--Subject to the requirements of this section,
if the Alliance submits a written request for conveyance by
not later than 180 days after the date of enactment of this
Act and the Secretary determines that it is in the public
interest to convey the National Forest System Land described
in subsection (c), the Secretary shall convey to the Alliance
all right, title, and interest of the United States in and to
the National Forest System land described in subsection (c)
by quitclaim deed through a public or private sale, including
a competitive sale by auction or bid.
(c) Description of National Forest System Land.--
(1) In general.--Subject to paragraph (2), the National
Forest System land referred to in subsection (b) is the
approximately 150 acres of real property located in sec. 6,
T. 5 N. R. 4 E., Franklin County, Mississippi, and further
described as--
(A) the portion of the NW\1/4\ NW\1/4\ lying south of the
south boundary of Berrytown Road;
(B) the portion of the W\1/2\ NE\1/4\ NW\1/4\ lying south
of the south boundary of Berrytown Road;
(C) the portion of the SW\1/4\ NW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(D) the W\1/2\ SE\1/4\ NW\1/4\;
(E) the portion of the NW\1/4\ SW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(F) the portion of the NE\1/4\ SW\1/4\ commencing at the
southwest corner of the NE\1/4\ SW\1/4\, said point being the
point of beginning, thence running east 330 feet along the
south boundary of the NE\1/4\ SW\1/4\ to a point in Lake
Okhissa, thence running northeasterly to a point in Lake
Okhissa on the east boundary of the NE\1/4\ SW\1/4\ 330 feet
south of the northeast corner thereof, thence running north
330 feet along the east boundary of the NE\1/4\ SW\1/4\ to
the northeast corner thereof, thence running west along the
north boundary of the NE\1/4\ SW\1/4\ to the NW corner
thereof; thence running south along the west boundary of the
NE\1/4\ SW\1/4\ to the point of beginning; and
(G) the portion of the SE\1/4\ SE\1/4\ NW\1/4\ commencing
at the southeast corner of the SE\1/4\ NW\1/4\, said point
being the point of beginning, and running northwesterly to
the northwest corner of the SE\1/4\ SE\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. 8632. REMOTE SENSING TECHNOLOGIES.
The Chief of the Forest Service shall--
(1) continue to find efficiencies in the operations of the
forest inventory and analysis program under section 3(e) of
the Forest and Rangeland Renewable Resources Research Act of
1978 (16 U.S.C. 1642(e)) through the improved use and
integration of advanced remote sensing technologies to
provide estimates for State- and national-level inventories,
where appropriate; and
(2) partner with States and other interested stakeholders
to carry out the program described in paragraph (1).
[[Page H9919]]
PART III--TIMBER INNOVATION
SEC. 8641. DEFINITIONS.
In this part:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass
timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Research and Development deputy area and
the State and Private Forestry deputy area of the Forest
Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM
FOR WOOD BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-
driven research and development, education, and technical
assistance for the purpose of facilitating the use of
innovative wood products in wood building construction in the
United States.
(b) Activities.--In carrying out subsection (a), the
Secretary shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
at the Forest Products Laboratory or through the State and
Private Forestry deputy area that meets measurable
performance goals for the achievement of the priorities
described in subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education,
and technical assistance conducted under subsection (a) shall
give priority to--
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
lifecycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the lifecycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on
wildlife; and
(6) 1 or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the
measurable performance goals for the research and
development, education, and technical assistance conducted
under subsection (a) shall be achievable within a 5-year
timeframe.
SEC. 8643. WOOD INNOVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a public or private entity (including a center of
excellence that consists of 1 or more partnerships between
forestry, engineering, architecture, or business schools at 1
or more institutions of higher education); or
(C) a State, local, or Tribal government.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Chief of the Forest Service.
(b) Grant Program.--
(1) In general.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the
notice of the Secretary entitled ``Request for Proposals:
2016 Wood Innovations Funding Opportunity'' (80 Fed. Reg.
63498 (October 20, 2015)), may make a wood innovation grant
to 1 or more eligible entities each year for the purpose of
advancing the use of innovative wood products.
(2) Proposals.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
(c) Incentivizing Use of Existing Milling Capacity.--In
selecting among proposals of eligible entities under
subsection (b)(2), the Secretary shall give priority to
proposals that include the use or retrofitting (or both) of
existing sawmill facilities located in counties in which the
average annual unemployment rate exceeded the national
average unemployment rate by more than 1 percent in the
previous calendar year.
(d) Matching Requirement.--As a condition of receiving a
grant under subsection (b), an eligible entity shall provide
funds equal to the amount received by the eligible entity
under the grant, to be derived from non-Federal sources.
SEC. 8644. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8113) is amended to read as follows:
``SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Community wood energy system.--
``(A) In general.--The term `community wood energy system'
means an energy system that--
``(i) produces thermal energy or combined thermal energy
and electricity where thermal is the primary energy output;
``(ii) services public facilities owned or operated by
State or local governments (including schools, town halls,
libraries, and other public buildings) or private or
nonprofit facilities (including commercial and business
facilities, such as hospitals, office buildings, apartment
buildings, and manufacturing and industrial buildings); and
``(iii) uses woody biomass, including residuals--
``(I) that have not been adulterated with glue or other
chemical treatments from wood processing facilities, as the
primary fuel; and
``(II) for which the use of that biomass for energy
production does not cause conversion of forests to nonforest
use.
``(B) Inclusions.--The term `community wood energy system'
includes single-facility central heating, district heating
systems serving multiple buildings, combined heat and
electric systems where thermal energy is the primary energy
output, and other related biomass energy systems.
``(2) Innovative wood product facility.--The term
`innovative wood product facility' means a manufacturing or
processing plant or mill that produces--
``(A) building components or systems that use large
panelized wood construction, including mass timber;
``(B) wood products derived from nanotechnology or other
new technology processes, as determined by the Secretary; or
``(C) other innovative wood products that use low-value,
low-quality wood, as determined by the Secretary.
``(3) Mass timber.--The term `mass timber' includes--
``(A) cross-laminated timber;
``(B) nail-laminated timber;
``(C) glue-laminated timber;
``(D) laminated strand lumber; and
``(E) laminated veneer lumber.
``(4) Program.--The term `Program' means the Community Wood
Energy and Wood Innovation Program established under
subsection (b).
``(b) Competitive Grant Program.--The Secretary, acting
through the Chief of the Forest Service, shall establish a
competitive grant program to be known as the `Community Wood
Energy and Wood Innovation Program'.
``(c) Matching Grants.--
``(1) In general.--Under the Program, the Secretary shall
make grants to cover not more than 35 percent of the capital
cost for installing a community wood energy system or
building an innovative wood product facility.
``(2) Special circumstances.--The Secretary may establish
special circumstances, such as in the case of a community
wood energy system project or innovative wood product
facility project involving a school or hospital in a low-
income community, under which grants under the Program may
cover up to 50 percent of the capital cost.
``(3) Source of matching funds.--Matching funds required
pursuant to this subsection from a grant recipient shall be
derived from non-Federal funds.
``(d) Project Cap.--The total amount of grants under the
Program for a community wood energy system project or
innovative wood product facility project may not exceed--
``(1) in the case of grants under the general authority
provided under subsection (c)(1), $1,000,000; and
``(2) in the case of grants for which the special
circumstances apply under subsection (c)(2), $1,500,000.
``(e) Selection Criteria.--In selecting applicants for
grants under the Program, the Secretary shall consider the
following:
``(1) The energy efficiency of the proposed community wood
energy system or innovative wood product facility.
``(2) The cost effectiveness of the proposed community wood
energy system or innovative wood product facility.
``(3) The extent to which the proposed community wood
energy system or innovative wood product facility represents
the best available commercial technology.
``(4) The extent to which the proposed community wood
energy system uses the most stringent control technology that
has been required or achieved in practice for a wood-fired
boiler of similar size and type.
``(5)(A) The extent to which the proposed community wood
energy system will displace conventional fossil fuel
generation.
``(B) Whether the proposed community wood energy system
minimizes emission increases to the greatest extent possible.
``(6) The extent to which the proposed community wood
energy system will increase delivered thermal efficiency of
the systems replaced.
``(7) The extent to which the applicant has demonstrated a
high likelihood of project success by completing detailed
engineering and design work in advance of the grant
application.
``(8) Other technical, economic, conservation, and
environmental criteria that the Secretary considers
appropriate.
``(f) Grant Priorities.--In selecting applicants for grants
under the Program, the Secretary shall give priority to
proposals that use the most stringent control technology that
has been required or achieved in practice for a wood-fired
boiler and--
``(1) would be carried out in a location where markets are
needed for the low-value, low-quality wood;
``(2) would be carried out in a location with limited
access to natural gas pipelines;
[[Page H9920]]
``(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the
average annual unemployment rate exceeded the national
average unemployment rate by more than 1 percent during the
previous calendar year; or
``(4) would be carried out in a location where the project
will aid with forest restoration.
``(g) Limitations.--
``(1) Capacity of community wood energy systems.--A
community wood energy system acquired with grant funds under
the Program shall not exceed nameplate capacity of 5
megawatts of thermal energy or combined thermal and electric
energy.
``(2) Funding for innovative wood product facilities.--Not
more than 25 percent of funds provided as grants under the
Program for a fiscal year may go to applicants proposing
innovative wood product facilities, unless the Secretary has
received an insufficient number of qualified proposals for
community wood energy systems.
``(h) Funding.--There is authorized to be appropriated to
carry out the Program $25,000,000 for each of fiscal years
2019 through 2023.''.
Subtitle G--Other Matters
SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 8702. RESOURCE ADVISORY COMMITTEES.
Section 205 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Each'' and inserting
``Except as provided in paragraph (6), each'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Committee'' and inserting ``Except as
provided in paragraph (6), committee''; and
(C) by adding at the end the following:
``(6) Committee composition waiver authority.--
``(A) Notice.--On notice from the applicable regional
forester that an adequate number of qualified candidates are
not interested or available to serve on a resource advisory
committee, the Secretary concerned shall publish a notice in
the Federal Register seeking candidates for the resource
advisory committee.
``(B) Modification of membership requirements.--If, by the
date that is 30 days after the date of publication of notice
under subparagraph (A), an inadequate number of qualified
candidates have applied to serve on a resource advisory
committee, the Secretary concerned may reduce--
``(i) the membership requirement under paragraph (1) to not
fewer than 9; and
``(ii) the membership requirements under subparagraphs (A),
(B), and (C) of paragraph (2) to 3 in each category described
in that paragraph, except that where a vacancy exists on a
resource advisory committee, the Secretary concerned may not
reject a qualified applicant from any category.
``(C) Termination of authority.--The authority provided
under this paragraph terminates on October 1, 2023.''; and
(2) by adding at the end the following:
``(g) Regional Appointment Pilot Program.--
``(1) Definition of applicable designee.--In this
subsection, the term `applicable designee' means the
applicable regional forester.
``(2) Pilot program.--The Secretary concerned shall carry
out a pilot program (referred to in this subsection as the
`pilot program') to allow an applicable designee to appoint
members of resource advisory committees.
``(3) Geographic limitation.--The pilot program shall only
apply to resource advisory committees chartered in--
``(A) the State of Montana; and
``(B) the State of Arizona.
``(4) Responsibilities of applicable designee.--
``(A) Review.--Before appointing a member of a resource
advisory committee under the pilot program, an applicable
designee shall conduct the review and analysis that would
otherwise be conducted for an appointment to a resource
advisory committee if the pilot program was not in effect,
including any review and analysis with respect to civil
rights and budgetary requirements.
``(B) Savings clause.--Nothing in this subsection relieves
an applicable designee from any requirement developed by the
Secretary concerned for making an appointment to a resource
advisory committee that is in effect on the date of enactment
of this subsection, including any requirement for advertising
a vacancy.
``(5) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2023.
``(6) Report to congress.--Not later than the date that is
180 days after the date described in paragraph (5), the
Secretary concerned shall submit to Congress a report that
includes--
``(A) with respect to appointments made under the pilot
program compared to appointments to resource advisory
committees not made under the pilot program, a description of
the extent to which--
``(i) appointments were faster or slower; and
``(ii) the requirements described in paragraph (4) differ;
and
``(B) a recommendation with respect to whether Congress
should terminate, continue, modify, or expand the pilot
program.''.
SEC. 8703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary of the Interior and the
Secretary may carry out demonstration projects by which
federally recognized Indian Tribes or Tribal organizations
may contract to perform administrative, management, and other
functions of programs of the Tribal Forest Protection Act of
2004 (25 U.S.C. 3115a et seq.) through contracts entered into
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304 et seq.).
(b) Requirements.--With respect to any contract or project
carried out under subsection (a)--
(1) on National Forest System land, the Secretary shall
carry out all functions delegated to the Secretary of the
Interior under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.);
(2) the Secretary or the Secretary of the Interior, as
applicable, shall make any decisions required to be made
under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.); and
(3) the contract or project shall be entered into under,
and in accordance with, section 403(b)(2) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5363(b)(2)).
SEC. 8704. TECHNICAL CORRECTIONS.
(a) Wildfire Suppression Funding and Forest Management
Activities Act.--
(1) In general.--The Wildfire Suppression Funding and
Forest Management Activities Act (Public Law 115-141) is
amended--
(A) in section 102(a)(2), by striking ``the date of
enactment'' and inserting ``the date of the enactment''; and
(B) in section 401(a)(1), by inserting ``of 2000'' after
``Self-Determination Act''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if enacted as part of the Wildfire
Suppression Funding and Forest Management Activities Act
(Public Law 115-141).
(b) Agricultural Act of 2014.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) (as amended by
section 8624(b)) is amended--
(1) in paragraph (4)(B)(i)(II), by striking ``Good Neighbor
Authority Improvement Act'' and inserting ``Wildfire
Suppression Funding and Forest Management Activities Act'';
and
(2) in paragraph (8), by striking ``Good Neighbor Authority
Improvement Act'' and inserting ``Wildfire Suppression
Funding and Forest Management Activities Act''.
SEC. 8705. STREAMLINING THE FOREST SERVICE PROCESS FOR
CONSIDERATION OF COMMUNICATIONS FACILITY
LOCATION APPLICATIONS.
(a) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets,
associated with the licensed or permitted unlicensed wireless
or wireline transmission of writings, signs, signals, data,
images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting radio
frequency;
(ii) is designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized devices
that do not require individual licenses; and
(iii) is added to a tower, building, or other structure.
(2) Communications site.--The term ``communications site''
means an area of covered land designated for communications
uses.
(3) Communications use.--The term ``communications use''
means the placement and operation of a communications
facility.
(4) Communications use authorization.--The term
``communications use authorization'' means an easement,
right-of-way, lease, license, or other authorization to
locate or modify a communications facility on covered land by
the Forest Service for the primary purpose of authorizing the
occupancy and use of the covered land for communications use.
(5) Covered land.--The term ``covered land'' means National
Forest System land.
(6) Forest service.--The term ``Forest Service'' means the
United States Forest Service of the Department of
Agriculture.
(7) Organizational unit.--The term ``organizational unit''
means, within the Forest Service--
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
(b) Regulations.--Notwithstanding section 6409 of the
Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) or section 606 of the Repack Airwaves Yielding
Better Access for Users of Modern Services Act of 2018
(Public Law 115-141), not later than 1 year after the date of
enactment of this Act, the Secretary shall issue
regulations--
(1) to streamline the process for considering applications
to locate or modify communications facilities on covered
land;
(2) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across the organizational
units of the Forest Service; and
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively neutral,
technology neutral, and non-discriminatory basis.
(c) Requirements.--The regulations issued under subsection
(b) shall include the following:
(1) Procedures for the tracking of applications described
in subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
[[Page H9921]]
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the receipt of an
application and the issuance of a final decision on an
application.
(2) Provision for minimum lease terms of not less than 15
years for leases with respect to the location of
communications facilities on covered land.
(3) A structure of fees for--
(A) submitting an application described in subsection
(b)(1), based on the cost to the Forest Service of
considering such an application; and
(B) issuing communications use authorizations, based on the
cost to the Forest Service of any maintenance or other
activities required to be performed by the Forest Service as
a result of the location or modification of the
communications facility.
(4) Provision for prioritization or streamlining of the
consideration of applications to locate or modify
communications facilities on covered land in a previously
disturbed right-of-way.
(d) Additional Considerations.--In issuing regulations
under subsection (b), the Secretary shall consider--
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted
simultaneously, rather than sequentially, by any
organizational units of the Forest Service that must approve
the location or modification; and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to
the location or modification of a communications facility on
covered land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational
Units.--The Secretary shall, with respect to the regulations
issued under subsection (b)--
(1) communicate the regulations to the organizational units
of the Forest Service; and
(2) ensure that the organizational units of the Forest
Service follow the regulations.
(f) Deposit and Availability of Fees.--
(1) Special account.--The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest
Service for the deposit of fees collected by the Forest
Service under subsection (c)(3) for communications use
authorizations on covered land granted, issued, or executed
by the Forest Service.
(2) Requirements for fees collected.--Fees collected by the
Forest Service under subsection (c)(3) shall be--
(A) based on the costs described in subsection (c)(3); and
(B) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.
(3) Deposit of fees.--Fees collected by the Forest Service
under subsection (c)(3) shall be deposited in the special
account established for the Forest Service under paragraph
(1).
(4) Availability of fees.--Amounts deposited in the special
account for the Forest Service shall be available, to the
extent and in such amounts as are provided in advance in
appropriation Acts, to the Secretary to cover costs incurred
by the Forest Service described in subsection (c)(3),
including the following:
(A) Preparing needs assessments or other programmatic
analyses necessary to designate communications sites and
issue communications use authorizations.
(B) Developing management plans for communications sites.
(C) Training for management of communications sites.
(D) Obtaining or improving access to communications sites.
(5) No additional appropriations authorized.--Except as
provided in paragraph (4), no other amounts are authorized to
be appropriated to carry out this section.
(g) Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
the amendments made by this section, shall be construed as
providing any executive agency with any new leasing or other
real property authorities not existing prior to the date of
enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken
pursuant to this section, or the amendments made by this
section, shall impact a decision or determination by any
executive agency to sell, dispose of, declare excess or
surplus, lease, reuse, or redevelop any Federal real property
pursuant to title 40, United States Code, the Federal Assets
Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public
Law 114-287), or any other law governing real property
activities of the Federal Government. No agreement entered
into pursuant to this section, or the amendments made by this
section, may obligate the Federal Government to hold,
control, or otherwise retain or use real property that may
otherwise be deemed as excess, surplus, or that could
otherwise be sold, leased, or redeveloped.
SEC. 8706. REPORT ON WILDFIRE, INSECT INFESTATION, AND
DISEASE PREVENTION ON FEDERAL LAND.
Not later than 180 days after the date of the enactment of
this Act and every year thereafter, the Secretary and the
Secretary of Interior shall submit to the Committee on
Agriculture of the House of Representatives, the Committee on
Natural Resources of the House of Representatives, the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, and the Committee on Energy and Natural Resources of
the Senate a jointly written report on--
(1) the number of acres of Federal land treated by the
Secretary or the Secretary of the Interior for wildfire,
insect infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a
high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of
wildfires affecting Federal land treated for wildfire, insect
infestation, or disease prevention;
(5) the number of acres and average fire intensity of
wildfires affecting Federal land not treated for wildfire,
insect infestation, or disease prevention;
(6) the Federal response time for each fire on greater than
25,000 acres;
(7) the number of miles of roads and trails on Federal land
in need of maintenance;
(8) the number of miles of roads on Federal land in need of
decommissioning;
(9) the maintenance backlog, as of the date of the report,
for roads, trails, and recreational facilities on Federal
land;
(10) other measures needed to maintain, improve, or restore
water quality on Federal land; and
(11) other measures needed to improve ecosystem function or
resiliency on Federal land.
SEC. 8707. WEST FORK FIRE STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Dolores County,
Colorado.
(2) West fork fire station conveyance parcel.--The term
``West Fork Fire Station Conveyance Parcel'' means the parcel
of approximately 3.61 acres of National Forest System land in
the County, as depicted on the map entitled ``Map for West
Fork Fire Station Conveyance Parcel'' and dated November 21,
2017.
(b) Conveyance of West Fork Fire Station Conveyance Parcel,
Dolores County, Colorado.--
(1) In general.--On receipt of a request from the County
and subject to such terms and conditions as are mutually
satisfactory to the Secretary and the County, including such
additional terms as the Secretary determines to be necessary,
the Secretary shall convey to the County without
consideration all right, title, and interest of the United
States in and to the West Fork Fire Station Conveyance
Parcel.
(2) Costs.--Any costs relating to the conveyance under
paragraph (1), including processing and transaction costs,
shall be paid by the County.
(3) Use of land.--The land conveyed to the County under
paragraph (1) shall be used by the County only for a fire
station, related infrastructure, and roads to facilitate
access to and through the West Fork Fire Station Conveyance
Parcel.
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) is used in a manner that is inconsistent with
the use described in paragraph (3), the land shall, at the
discretion of the Secretary, revert to the United States.
SEC. 8708. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND
ENVIRONMENTAL GRANTS PROGRAM.
Section 1232 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 582a-8) is amended--
(1) in subsection (a) by inserting ``or forest
restoration'' after ``research''; and
(2) by amending subsection (c) to read as follows:
``(c) Priorities.--
``(1) Research.--In awarding the initial grants under
subsection (a) the Secretary shall give priority to
applicants who will use such grants for research concerning--
``(A) the biology of forest organisms, including
physiology, genetic mechanisms, and biotechnology;
``(B) ecosystem function and management, including forest
ecosystem research, biodiversity, forest productivity, pest
management, water resources, and alternative silvicultural
systems;
``(C) wood as a raw material, including forest products and
harvesting;
``(D) human forest interactions, including outdoor
recreation, public policy formulation, economics, sociology,
and administrative behavior;
``(E) international trade, competition, and cooperation
related to forest products;
``(F) alternative native crops, products, and services that
can be produced from renewable natural resources associated
with privately held forest lands;
``(G) viable economic production and marketing systems for
alternative natural resource products and services;
``(H) economic and environmental benefits of various
conservation practices on forest lands;
``(I) genetic tree improvement; and
``(J) market expansion.
``(2) Forest restoration.--Grants may be used to support
programs that restore forest tree species native to American
forests that may have suffered severe levels of mortality
caused by non-native insects, plant pathogens, or others
pests.
``(A) Required component of forest restoration strategy.--
To receive a grant under this subsection, an eligible
institution shall demonstrate that it offers a program with a
forest restoration strategy that incorporates not less than
one of the following components:
``(i) Collection and conservation of native tree genetic
material.
``(ii) Production of propagules of native trees in numbers
large enough for landscape scale restoration.
``(iii) Site preparation of former of native tree habitat.
``(iv) Planting of native tree seedlings.
``(v) Post-planting maintenance of native trees.
``(B) Award of grants.--The Secretary shall award
competitive grants under this subsection based on the degree
to which the applicant addresses the following criteria:
``(i) Risk posed to the forests of that State by non-native
pests, as measured by such factors as the number of such
pests present in the State.
``(ii) The proportion of the State's forest composed of
species vulnerable to non-native pests present in the United
States.
[[Page H9922]]
``(iii) The pests' rate of spread via natural or human-
assisted means.''.
TITLE IX--ENERGY
SEC. 9001. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8101) is amended--
(1) in paragraph (4)(A), by striking ``agricultural
materials'' and inserting ``agricultural materials, renewable
chemicals,'';
(2) in paragraph (7)(A), by striking ``into biofuels and
biobased products; and'' and inserting the following: ``or an
intermediate ingredient or feedstock of renewable biomass
into any 1 or more, or a combination, of--
``(i) biofuels;
``(ii) renewable chemicals; or
``(iii) biobased products; and''; and
(3) in paragraph (16)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``(B)''
and inserting ``(C)''; and
(ii) by striking ``that--'' in the matter preceding clause
(i) and all that follows through the period at the end of
clause (ii) and inserting ``that produces usable energy from
a renewable energy source.'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Inclusions.--The term `renewable energy system'
includes--
``(i) distribution components necessary to move energy
produced by a system described in subparagraph (A) to the
initial point of sale; and
``(ii) other components and ancillary infrastructure of a
system described in subparagraph (A), such as a storage
system.''.
SEC. 9002. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8102) is amended--
(1) in subsection (b)(2)(A), by adding at the end the
following:
``(iii) Renewable chemicals.--Not later than 180 days after
the date of enactment of this clause, the Secretary shall
update the criteria issued under clause (i) to provide
criteria for determining which renewable chemicals may
qualify to receive the label under paragraph (1).'';
(2) by amending subsection (f) to read as follows:
``(f) Manufacturers of Renewable Chemicals and Biobased
Products.--
``(1) NAICS codes.--The Secretary and the Secretary of
Commerce shall jointly develop North American Industry
Classification System codes for--
``(A) renewable chemicals manufacturers; and
``(B) biobased products manufacturers.
``(2) National testing center registry.--The Secretary
shall establish a national registry of testing centers for
biobased products that will serve biobased product
manufacturers.'';
(3) by redesignating subsections (h) through (j) as
subsections (j) through (l), respectively;
(4) by inserting after subsection (g) the following:
``(h) Streamlining.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish
guidelines for an integrated process under which biobased
products may be, in 1 expedited approval process--
``(A) determined to be eligible for a Federal procurement
preference under subsection (a); and
``(B) approved to use the `USDA Certified Biobased Product'
label under subsection (b).
``(2) Initiation.--The Secretary shall ensure that a review
of a biobased product under the integrated qualification
process established pursuant to paragraph (1) may be
initiated on receipt of a recommendation or petition from a
manufacturer, vendor, or other interested party.
``(3) Product designations.--The Secretary may issue a
product designation pursuant to subsection (a)(3)(B), or
approve the use of the `USDA Certified Biobased Product'
label under subsection (b), through streamlined procedures,
which shall not be subject to chapter 7 of title 5, United
States Code.
``(i) Requirement of Procuring Agencies.--A procuring
agency (as defined in subsection (a)(1)) shall not establish
regulations, guidance, or criteria regarding the procurement
of biobased products, pursuant to this section or any other
law, that impose limitations on that procurement that are
more restrictive than the limitations established by the
Secretary under the regulations to implement this section.'';
(5) in subsection (k) (as so redesignated)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``$2,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$3,000,000
for each of fiscal years 2019 through 2023''; and
(6) by adding at the end the following:
``(m) Rural Development Mission Area.--In carrying out this
section, except as provided in subsection (g), the Secretary
shall act through the rural development mission area.''.
SEC. 9003. BIOREFINERY ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A), by striking ``produces an advanced
biofuel; and'' and inserting the following: ``produces any 1
or more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product; and''; and
(B) in subparagraph (B), by striking ``produces an advanced
biofuel.'' and inserting the following: ``produces any 1 or
more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) $50,000,000 for fiscal year 2019; and
``(iv) $25,000,000 for fiscal year 2020.''; and
(B) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 9004. REPOWERING ASSISTANCE PROGRAM.
Section 9004 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8104) is repealed.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8105) is amended--
(1) in subsection (e)--
(A) by striking ``The Secretary may'' and inserting the
following new paragraph:
``(1) Amount.--The Secretary shall''; and
(B) by adding at the end the following new paragraph:
``(2) Feedstock.--The total amount of payments made in a
fiscal year under this section to one or more eligible
producers for the production of advanced biofuels derived
from a single eligible commodity, including intermediate
ingredients of that single commodity or use of that single
commodity and its intermediate ingredients in combination
with another commodity, shall not exceed one-third of the
total amount of funds made available under subsection (g).'';
and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) $7,000,000 for each of fiscal years 2019 through
2023.''; and
(B) in paragraph (2), by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8106(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107) is amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Assistance.--In addition to any similar authority,
the Secretary shall provide--
``(i) loan guarantees and grants to agricultural producers
and rural small businesses--
``(I) to purchase renewable energy systems, including
systems that may be used to produce and sell electricity; and
``(II) to make energy efficiency improvements; and
``(ii) loan guarantees to agricultural producers to
purchase and install energy efficient equipment or systems
for agricultural production or processing that exceed--
``(I) energy efficiency building codes, if applicable;
``(II) Federal or State energy efficiency standards, if
applicable; and
``(III) other energy efficiency standards determined
appropriate by the Secretary.
``(B) Limitations.--With respect to loan guarantees under
subparagraph (A)(ii)--
``(i) if no codes or standards described in such
subparagraph apply to the energy efficient equipment or
system to be purchased or installed pursuant to such
subparagraph, the Secretary shall require, to the maximum
extent practicable, such equipment or system to meet the same
efficiency measurements as the most efficient available
equipment or system in the market; and
``(ii) the Secretary shall not provide such a loan
guarantee for the purchase or installation of any energy
efficient equipment or system unless more than one type of
such equipment or system is available in the market.''; and
(B) in paragraph (3), by adding at the end the following:
``(D) Loan guarantees for energy efficient equipment to
agricultural producers.--Using funds made available under
paragraphs (1) and (3) of subsection (f), in each fiscal year
the Secretary may use for loan guarantees under paragraph
(1)(A)(ii) an amount that does not exceed 15 percent of such
funds.'';
(2) in subsection (e), by striking ``subsection (g)'' each
place it appears and inserting ``subsection (f)'';
(3) by striking subsection (f) and redesignating subsection
(g) as subsection (f); and
(4) in subsection (f)(3) (as so redesignated), by striking
``2014 through 2018'' and inserting ``2019 through 2023''.
SEC. 9008. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
Section 9009 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8109) is repealed.
SEC. 9009. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8110(b)) is amended--
[[Page H9923]]
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (B)--
(i) in clause (ii)(II), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) algae.''; and
(B) in subparagraph (C)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through (vii) as clauses
(iv) through (vi), respectively; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Technical assistance.--Effective for fiscal year 2014
and each subsequent fiscal year, funds made available under
this subsection shall be available for the provision of
technical assistance with respect to activities authorized
under this section.''.
SEC. 9011. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end
the following:
``SEC. 9014. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon dioxide.--The term `carbon dioxide' means
carbon dioxide that is produced as a byproduct of the
production of a biobased product.
``(2) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is--
``(i) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code; or
``(ii) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(B) has demonstrated knowledge about--
``(i) sequestration and utilization of carbon dioxide; or
``(ii) aggregation of organic waste from multiple sources
into a single biogas system; and
``(C) has a demonstrated ability to conduct educational and
technical support programs.
``(b) Establishment.--The Secretary, in consultation with
the Secretary of Energy, shall make competitive grants to
eligible entities--
``(1) to provide education to the public about the economic
and emissions benefits of permanent sequestration or
utilization of carbon dioxide with a primary objective of
providing benefits and opportunities for rural businesses,
rural communities, and utilities serving rural communities;
or
``(2) to provide education to agricultural producers and
other stakeholders about opportunities for aggregation of
organic waste from multiple sources into a single biogas
system.
``(c) Funding.--There are authorized to be appropriated for
each of fiscal years 2019 through 2023--
``(1) $1,000,000 to carry out subsection (b)(1); and
``(2) $1,000,000 to carry out subsection (b)(2).''.
TITLE X--HORTICULTURE
SEC. 10101. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 1622b(b)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM.
(a) Purpose.--The purpose of this section is to combine the
purposes and coordinate the functions, as in effect on the
day before the date of enactment of this Act, of--
(1) the Farmers' Market and Local Food Promotion Program
established under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development
grants under section 231(b) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)).
(b) Local Agriculture Market Program.--Subtitle A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning given the term in section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)).
``(2) Direct producer-to-consumer marketing.--The term
`direct producer-to-consumer marketing' has the meaning given
the term `direct marketing from farmers to consumers' in
section 3 of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3002).
``(3) Family farm.--The term `family farm' has the meaning
given the term in section 231(a) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(a)).
``(4) Food council.--The term `food council' means a food
policy council or food and farm system network, as determined
by the Secretary, that--
``(A) represents--
``(i) multiple organizations involved in the production,
processing, and consumption of food; and
``(ii) local, Tribal, or State governments; and
``(B) addresses food and farm-related issues and needs
within city, county, State, Tribal region, multicounty
region, or other region designated by the food council or
food system network.
``(5) Majority-controlled producer-based business
venture.--
``(A) In general.--The term `majority-controlled producer-
based business venture' means a venture greater than 50
percent of the ownership and control of which is held by--
``(i) 1 or more producers; or
``(ii) 1 or more entities, 100 percent of the ownership and
control of which is held by 1 or more producers.
``(B) Entity described.--For purposes of subparagraph (A),
the term `entity' means--
``(i) a partnership;
``(ii) a limited liability corporation;
``(iii) a limited liability partnership; and
``(iv) a corporation.
``(6) Mid-tier value chain.--The term `mid-tier value
chain' means a local or regional supply network that links
independent producers with businesses and cooperatives that
market value-added agricultural products in a manner that--
``(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and ranches
that are structured as a family farm; and
``(B) obtains agreement from an eligible agricultural
producer group, farmer or rancher cooperative, or majority-
controlled producer-based business venture that is engaged in
the value chain on a marketing strategy.
``(7) Partnership.--The term `partnership' means a
partnership entered into under an agreement between--
``(A) 1 or more eligible partners (as defined in subsection
(e)(1)); and
``(B) 1 or more eligible entities (as defined in subsection
(e)(1)).
``(8) Program.--The term `Program' means the Local
Agriculture Market Program established under subsection (b).
``(9) Regional food chain coordination.--The term `regional
food chain coordination' means coordination and collaboration
along the supply chain to increase connections between
producers and markets.
``(10) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(11) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning
given the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
``(12) Value-added agricultural product.--The term `value-
added agricultural product' means any agricultural commodity
or product that--
``(A)(i) has undergone a change in physical state;
``(ii) was produced in a manner that enhances the value of
the agricultural commodity or product, as demonstrated
through a business plan that shows the enhanced value, as
determined by the Secretary;
``(iii) is physically segregated in a manner that results
in the enhancement of the value of the agricultural commodity
or product;
``(iv) is a source of farm- or ranch-based renewable
energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally produced
agricultural food product; and
``(B) as a result of the change in physical state or the
manner in which the agricultural commodity or product was
produced, marketed, or segregated--
``(i) the customer base for the agricultural commodity or
product is expanded; and
``(ii) a greater portion of the revenue derived from the
marketing, processing, or physical segregation of the
agricultural commodity or product is available to the
producer of the commodity or product.
``(13) Veteran farmer or rancher.--The term `veteran farmer
or rancher' has the meaning given the term in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a)).
``(b) Establishment and Purpose.--The Secretary shall
establish a program, to be known as the `Local Agriculture
Market Program', that--
``(1) supports the development, coordination, and expansion
of--
``(A) direct producer-to-consumer marketing;
``(B) local and regional food markets and enterprises; and
``(C) value-added agricultural products;
``(2) connects and cultivates regional food economies
through public-private partnerships;
``(3) supports the development of business plans,
feasibility studies, and strategies for value-added
agricultural production and local and regional food system
infrastructure;
``(4) strengthens capacity and regional food system
development through community collaboration and expansion of
mid-tier value chains;
``(5) improves income and economic opportunities for
producers and food businesses through job creation; and
``(6) simplifies the application processes and the
reporting processes for the Program.
``(c) Administration.--In administering the Program, the
Secretary shall--
``(1) streamline the Program to better support the
activities carried out by the recipient of a grant under the
Program;
``(2) connect producers with local food markets and value-
added agricultural product opportunities;
``(3) partner with cooperative extension services, as
appropriate, to provide Program technical assistance and
outreach to Program stakeholders; and
``(4) ensure that the Rural Business-Cooperative Service
and Agricultural Marketing Service
[[Page H9924]]
provide Program technical assistance and outreach to Program
stakeholders.
``(d) Grants.--
``(1) In general.--Under the Program, the Secretary may,
using funds made available under subsection (i), provide
grants for each of fiscal years 2019 through 2023, in
accordance with the purposes of the Program described in
subsection (b), for the conduct of activities described in
paragraph (2).
``(2) Eligible activities.--The recipient of a grant may
use a grant provided under paragraph (1)--
``(A) to support and promote--
``(i) domestic direct producer-to-consumer marketing;
``(ii) farmers' markets;
``(iii) roadside stands;
``(iv) agritourism activities,
``(v) community-supported agriculture programs; or
``(vi) online sales;
``(B) to support local and regional food business
enterprises that engage as intermediaries in indirect
producer-to-consumer marketing;
``(C) to support the processing, aggregation, distribution,
and storage of--
``(i) local and regional food products that are marketed
locally or regionally; and
``(ii) value-added agricultural products;
``(D) to encourage the development of value-added
agricultural products;
``(E) to assist with business development plans and
feasibility studies;
``(F) to develop marketing strategies for producers of
local food products and value-added agricultural products in
new and existing markets;
``(G) to facilitate regional food chain coordination and
mid-tier value chain development;
``(H) to promote new business opportunities and marketing
strategies to reduce on-farm food waste;
``(I) to respond to changing technology needs in direct
producer-to-consumer marketing; or
``(J) to cover expenses relating to costs incurred in--
``(i) obtaining food safety certification; and
``(ii) making changes and upgrades to practices and
equipment to improve food safety.
``(3) Criteria and guidelines.--
``(A) In general.--The Secretary shall establish criteria
and guidelines for the submission, evaluation, and funding of
proposed projects under paragraph (1) as the Secretary
determines are appropriate.
``(B) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii), an
application submitted for a grant under paragraph (1) shall
include a description of the direct or indirect producer or
food business benefits intended by the applicant to result
from the proposed project within a reasonable period of time
after the receipt of the grant.
``(ii) Exception.--Clause (i) shall not apply to a planning
or feasibility project.
``(4) Amount.--Unless otherwise determined by the
Secretary, the amount of a grant under this subsection shall
be not more than $500,000.
``(5) Value-added producer grants.--In the case of a grant
provided under paragraph (1) to an eligible entity described
in subparagraph (B), the following shall apply:
``(A) Administration.--The Secretary shall carry out this
subsection through the Administrator of the Rural Business-
Cooperative Service, in coordination with the Administrator
of the Agricultural Marketing Service.
``(B) Eligible entities.--An entity shall be eligible for a
grant under this paragraph if the entity is--
``(i) an independent producer (as determined by the
Secretary) of a value-added agricultural product; or
``(ii) an agricultural producer group, farmer or rancher
cooperative, or majority-controlled producer-based business
venture (as determined by the Secretary).
``(C) Priorities.--The Secretary shall give priority to
applications--
``(i) in the case of an application submitted by a
producer, that are submitted by, or serve--
``(I) beginning farmers or ranchers;
``(II) socially disadvantaged farmers or ranchers;
``(III) operators of small or medium sized farms or ranches
that are structured as family farms; or
``(IV) veteran farmers or ranchers; and
``(ii) in the case of an application submitted by an
eligible entity described in subparagraph (B)(ii), that
provide the greatest contribution to creating or increasing
marketing opportunities for producers described in subclauses
(I) through (IV) of clause (i).
``(D) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii), an
eligible entity described in subparagraph (B) may not use a
grant for the purchase or construction of a building, general
purpose equipment, or structure.
``(ii) Exception.--An eligible entity described in
subparagraph (B) may use not more than $6,500 of the amount
of a grant for an eligible activity described in paragraph
(2)(J) to purchase or upgrade equipment to improve food
safety.
``(E) Matching funds.--An eligible entity described in
subparagraph (B) receiving a grant shall contribute an amount
of non-Federal funds that is at least equal to the amount of
Federal funds received.
``(6) Farmers' markets and local food promotion program.--
In the case of a grant provided under paragraph (1) to an
eligible entity described in subparagraph (B), the following
shall apply:
``(A) Administration.--The Secretary shall carry out this
subsection through the Administrator of the Agricultural
Marketing Service, in coordination with the Administrator of
the Rural Business-Cooperative Service.
``(B) Eligible entities.--An entity shall be eligible to
receive a grant under this paragraph if the entity is--
``(i) an agricultural cooperative or other agricultural
business entity or a producer network or association,
including a community-supported agriculture network or
association;
``(ii) a local or Tribal government;
``(iii) a nonprofit corporation;
``(iv) a public benefit corporation;
``(v) an economic development corporation;
``(vi) a regional farmers' market authority;
``(vii) a food council; or
``(viii) such other entity as the Secretary may designate.
``(C) Priorities.--The Secretary shall give priority to
applications that--
``(i) benefit underserved communities, including
communities that are located in areas of concentrated poverty
with limited access to fresh locally or regionally grown
food; or
``(ii) are used to carry out eligible activities under a
partnership agreement under subsection (e) and have not
received benefits from the Program in the recent past.
``(D) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii), an
eligible entity described in subparagraph (B) may not use a
grant for the purchase or construction of a building, general
purpose equipment, or structure.
``(ii) Exception.--An eligible entity described in
subparagraph (B) may use not more than $6,500 of the amount
of a grant for an eligible activity described in paragraph
(2)(J) to purchase or upgrade equipment to improve food
safety.
``(E) Matching funds.--An eligible entity described in
subparagraph (B) receiving a grant shall provide matching
funds in the form of cash or an in-kind contribution in an
amount that is equal to 25 percent of the total amount of the
Federal portion of the grant.
``(e) Partnerships.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) a producer;
``(ii) a producer network or association;
``(iii) a farmer or rancher cooperative;
``(iv) a majority-controlled producer-based business
venture;
``(v) a food council;
``(vi) a local or Tribal government;
``(vii) a nonprofit corporation;
``(viii) an economic development corporation;
``(ix) a public benefit corporation;
``(x) a community-supported agriculture network or
association; and
``(xi) a regional farmers' market authority.
``(B) Eligible partner.--The term `eligible partner'
means--
``(i) a State agency or regional authority;
``(ii) a philanthropic organization;
``(iii) a private corporation;
``(iv) an institution of higher education;
``(v) a commercial, Federal, or Farm Credit System lending
institution; and
``(vi) another entity, as determined by the Secretary.
``(2) Grants to support partnerships.--
``(A) In general.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service, in
accordance with the purposes of the Program described in
subsection (b), shall, using funds made available under
subsection (i), provide grants for each of fiscal years 2019
through 2023 to support partnerships to plan and develop a
local or regional food system.
``(B) Geographical diversity.--To the maximum extent
practicable, the Secretary shall ensure geographical
diversity in selecting partnerships to receive grants under
subparagraph (A).
``(3) Authorities of partnerships.--A partnership receiving
a grant under paragraph (2) may--
``(A) determine the scope of the regional food system to be
developed, including goals, outreach objectives, and eligible
activities to be carried out;
``(B) determine the local, regional, State, multi-State, or
other geographic area covered;
``(C) create and conduct a feasibility study,
implementation plan, and assessment of eligible activities
under the partnership agreement;
``(D) conduct outreach and education to other eligible
entities and eligible partners for potential participation in
the partnership agreement and eligible activities;
``(E) describe measures to be taken through the partnership
agreement to obtain funding for the eligible activities to be
carried out under the partnership agreement;
``(F) at the request of a producer or eligible entity
desiring to participate in eligible activities under the
partnership agreement, act on behalf of the producer or
eligible entity in applying for a grant under subsection (d);
``(G) monitor, evaluate, and periodically report to the
Secretary on progress made toward achieving the objectives of
eligible activities under the partnership agreement; or
``(H) at the conclusion of the partnership agreement,
submit to the Secretary a report describing--
``(i) the results and effects of the partnership agreement;
and
``(ii) funds provided under paragraph (4).
``(4) Contribution.--A partnership receiving a grant under
paragraph (2) shall provide funding in an amount equal to not
less than 25 percent of the total amount of the Federal
portion of the grant.
``(5) Applications.--
``(A) In general.--To be eligible to receive a grant under
paragraph (2), a partnership shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary considers necessary to evaluate
and select applications.
``(B) Competitive process.--The Secretary--
[[Page H9925]]
``(i) shall conduct a competitive process to select
applications submitted under subparagraph (A);
``(ii) may assess and rank applications with similar
purposes as a group; and
``(iii) shall make public the criteria to be used in
evaluating applications prior to accepting applications.
``(C) Priority to certain applications.--The Secretary may
give priority to applications submitted under subparagraph
(A) that--
``(i)(I) leverage significant non-Federal financial and
technical resources; and
``(II) coordinate with other local, State, Tribal, or
national efforts;
``(ii) cover an area that includes distressed low-income
rural or urban communities, including areas with persistent
poverty; or
``(iii) have multiple entities and partners in a
partnership.
``(D) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii), an
application submitted under subparagraph (A) shall include a
description of the direct or indirect producer or food
business benefits intended by the eligible entity to result
from the proposed project within a reasonable period of time
after the receipt of a grant.
``(ii) Exception.--Clause (i) shall not apply to a planning
or feasibility project.
``(6) Technical assistance.--On request of an eligible
entity, an eligible partner, or a partnership, the Secretary
may provide technical assistance in carrying out a
partnership agreement.
``(f) Simplification of Application and Reporting
Processes.--
``(1) Applications.--The Secretary shall establish a
simplified application form for eligible entities that--
``(A) request less than $50,000 under subsection (d); or
``(B) apply for grants under subsection (d) under a single
application through partnership agreements under subsection
(e).
``(2) Reporting.--The Secretary shall--
``(A) streamline and simplify the reporting process for
eligible entities; and
``(B) obtain from eligible entities and maintain such
information as the Secretary determines is necessary to
administer and evaluate the Program.
``(g) Interdepartmental Coordination.--In carrying out the
Program, to the maximum extent practicable, the Secretary
shall ensure coordination among Federal agencies.
``(h) Evaluation.--
``(1) In general.--Using amounts made available under
subsection (i)(3)(E), the Secretary shall conduct an
evaluation of the Program that--
``(A) measures the economic impact of the Program on new
and existing market outcomes;
``(B) measures the effectiveness of the Program in
improving and expanding--
``(i) the regional food economy through public and private
partnerships;
``(ii) the production of value-added agricultural products;
``(iii) producer-to-consumer marketing, including direct
producer-to-consumer marketing;
``(iv) local and regional food systems, including regional
food chain coordination and business development;
``(v) new business opportunities and marketing strategies
to reduce on-farm food waste;
``(vi) the use of new technologies in producer-to-consumer
marketing, including direct producer-to-consumer marketing;
and
``(vii) the workforce and capacity of regional food
systems; and
``(C) provides a description of--
``(i) each partnership agreement; and
``(ii) each grant provided under subsection (d).
``(2) Report.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the evaluation conducted under
paragraph (1), including a thorough analysis of the outcomes
of the evaluation.
``(i) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $50,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal year 2019 and each fiscal year thereafter, to remain
available until expended.
``(3) Allocation of funds.--
``(A) Value-added producer grants.--
``(i) In general.--Subject to clause (ii), of the funds
made available to carry out this section for a fiscal year,
35 percent shall be used for grants under subsection (d)(5).
``(ii) Reservation of funds.--
``(I) Majority-controlled producer-based business
ventures.--The total amount of grants under subsection (d)(5)
provided to majority-controlled producer-based business
ventures for a fiscal year shall not exceed 10 percent of the
amount allocated under clause (i).
``(II) Beginning, veteran, and socially disadvantaged
farmers and ranchers.--Of the funds made available for grants
under subsection (d)(5), 10 percent shall be reserved for
grants provided to beginning, veteran, and socially
disadvantaged farmers or ranchers.
``(III) Mid-tier value chains.--Of the funds made available
for grants under subsection (d)(5), 10 percent shall be
reserved for grants to develop mid-tier value chains.
``(IV) Food safety assistance.--Of the funds made available
for grants under subsection (d)(5), not more than 25 percent
shall be reserved for grants for eligible activities
described in subsection (d)(2)(J).
``(B) Farmers' market and local food promotion grants.--Of
the funds made available to carry out this section for a
fiscal year, 47 percent shall be used for grants under
subsection (d)(6).
``(C) Regional partnerships.--Of the funds made available
to carry out this section for a fiscal year, 10 percent shall
be used to provide grants to support partnerships under
subsection (e).
``(D) Unobligated funds.--Any funds under subparagraph (A),
(B), or (C) that are not obligated for the uses described in
that subparagraph, as applicable, by September 30 of the
fiscal year for which the funds were made available--
``(i) shall be available to the agency carrying out the
Program with the unobligated funds to carry out any function
of the Program, as determined by the Secretary; and
``(ii) may carry over to the next fiscal year.
``(E) Administrative expenses.--Not greater than 8 percent
of amounts made available to provide grants under subsections
(d) and (e) for a fiscal year may be used for administrative
expenses.''.
(c) Conforming Amendments.--
(1) Agricultural marketing resource center pilot project.--
Section 231 of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1632a) is amended--
(A) by striking the section heading and inserting
``agricultural marketing resource center pilot project.'';
(B) by striking subsections (a), (b), (d), and (e);
(C) in subsection (c)--
(i) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively, and indenting appropriately; and
(ii) by striking the subsection designation and heading;
(D) in subsection (a) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``Notwithstanding'' and all that follows through ``paragraph
(2)'' and inserting the following: ``The Secretary shall not
use more than 2.5 percent of the funds made available to
carry out the Local Agriculture Market Program established
under section 210A of the Agricultural Marketing Act of 1946
to establish a pilot project (to be known as the
`Agricultural Marketing Resource Center') at an eligible
institution described in subsection (b)''; and
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(E) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and indenting
appropriately; and
(ii) in paragraph (1) (as so redesignated), by striking
``paragraph (1)(A)'' and inserting ``subsection (a)(1)''.
(2) Agriculture innovation center demonstration program.--
Section 6402(f) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b(f)) is amended in the matter
preceding paragraph (1) by striking ``section 231(d) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note;
Public Law 106-224))'' and inserting ``section 210A(d)(2) of
the Agricultural Marketing Act of 1946''.
(3) Local food production and program evaluation.--Section
10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C.
2204h(b)(2)(B)) is amended by striking ``Farmers' Market and
Local Food Promotion Program established under section 6 of
the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005)'' and inserting ``Local Agriculture Market Program
established under section 210A of the Agricultural Marketing
Act of 1946''.
(4) Program metrics.--Section 6209(a) of the Agricultural
Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) section 210A of the Agricultural Marketing Act of
1946;''.
(5) Farmer-to-consumer direct marketing act of 1976.--
(A) Section 4 of the Farmer-to-Consumer Direct Marketing
Act of 1976 (7 U.S.C. 3003) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(ii) by adding at the end the following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 Stat. 1983)
are repealed.
SEC. 10103. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 5925c(d)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``through fiscal
year 2012''; and
(B) by striking ``$5,000,000, to remain available until
expended.'' and inserting the following: ``, to remain
available until expended--
``(A) $5,000,000 for each of the periods of fiscal years
2008 through 2012 and 2014 through 2018; and
``(B) $5,000,000 for the period of fiscal years 2019
through 2023.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2) (as so redesignated)--
(A) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 10104. ORGANIC CERTIFICATION.
(a) Exclusions From Certification.--Not later than 1 year
after the date of enactment of
[[Page H9926]]
this Act, the Secretary shall issue regulations to limit the
type of organic operations that are excluded from
certification under section 205.101 of title 7, Code of
Federal Regulations, and from certification under any other
related sections under part 205 of title 7, Code of Federal
Regulations.
(b) Definitions.--Section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502) is amended--
(1) in paragraph (3)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Foreign operations.--When used in the context of a
certifying agent operating in a foreign country, the term
`certifying agent' includes any person (including a private
entity)--
``(i) accredited in accordance with section 2115(d); or
``(ii) accredited by a foreign government that acted under
an equivalency agreement negotiated between the United States
and the foreign government from which the agricultural
product is imported.'';
(2) by redesignating paragraphs (13) through (21) as
paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) National organic program import certificate.--The
term `national organic program import certificate' means a
form developed for purposes of the program under this title--
``(A) to provide documentation sufficient to verify that an
agricultural product imported for sale in the United States
satisfies the requirement under section 2115(c);
``(B) which shall include, at a minimum, information
sufficient to indicate, with respect to the agricultural
product--
``(i) the origin;
``(ii) the destination;
``(iii) the certifying agent issuing the national organic
program import certificate;
``(iv) the harmonized tariff code, if a harmonized tariff
code exists for the agricultural product;
``(v) the total weight; and
``(vi) the organic standard to which the agricultural
product is certified; and
``(C) that is not more than otherwise required under an
equivalency agreement negotiated between the United States
and the foreign government.''.
(c) Accreditation Program.--Section 2115 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6514) is amended by
striking subsection (c) and inserting the following:
``(c) Additional Documentation and Verification.--The
Secretary, acting through the Deputy Administrator of the
national organic program established under this title, has
the authority, and shall grant a certifying agent the
authority, to require producers and handlers to provide
additional documentation or verification before granting a
certification under section 2104, in the case of a compliance
risk with respect to meeting the national standards for
organic production established under section 2105, as
determined by the Secretary or the certifying agent.
``(d) Accreditation of Foreign Organic Certification
Program.--
``(1) In general.--For an agricultural product being
imported into the United States to be represented as
organically produced, the Secretary shall require the
agricultural product to be accompanied by a complete and
valid national organic import certificate, which shall be
available as an electronic record.
``(2) Tracking system.--
``(A) In general.--The Secretary shall establish a system
to track national organic import certificates.
``(B) Integration.--In establishing the system under
subparagraph (A), the Secretary may integrate the system into
any existing information tracking systems for imports of
agricultural products.
``(e) Duration of Accreditation.--An accreditation made
under this section--
``(1) subject to paragraph (2), shall be for a period of
not more than 5 years, as determined appropriate by the
Secretary;
``(2) in the case of a certifying agent operating in a
foreign country, shall be for a period of time that is
consistent with the certification of a domestic certifying
agent, as determined appropriate by the Secretary; and
``(3) may be renewed.''.
(d) Requirements of Certifying Agents.--Section 2116 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6515) is
amended--
(1) in subsection (i)--
(A) in paragraph (1), by inserting ``or an entity acting as
an agent of the certifying agent'' after ``a certifying
agent'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Oversight of certifying offices and foreign
operations.--
``(A) In general.--If the Secretary determines that an
office of a certifying agent or entity described in paragraph
(1) is not complying with the provisions of this title, the
Secretary may suspend the operations of the certifying agent
or the noncompliant office, including--
``(i) an office operating in a foreign country; and
``(ii) an office operating in the United States, including
an office acting on behalf of a foreign-domiciled entity.
``(B) Process for resuming operations following
suspension.--The Secretary shall provide for a process that
is otherwise consistent with this section that authorizes a
suspended office to resume operations.''; and
(2) by adding at the end the following:
``(j) Notice.--Not later than 90 days after the date on
which a new certifying office performing certification
activities opens, an accredited certifying agent shall notify
the Secretary of the opening.''.
(e) Certain Employees Eligible to Serve as National Organic
Standards Board Members.--Section 2119(b) of the Organic
Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amended--
(1) in paragraph (1), by inserting ``, or employees of such
individuals'' after ``operation'';
(2) in paragraph (2), by inserting ``, or employees of such
individuals'' after ``operation''; and
(3) in paragraph (3), by inserting ``, or an employee of
such individual'' after ``products''.
(f) National Organic Standards Board.--Section 2119(i) of
the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i))
is amended--
(1) by striking ``Two-thirds'' and inserting the following:
``(1) In general.--\2/3\''; and
(2) by adding at the end the following:
``(2) National list.--Any vote on a motion proposing to
amend the national list shall be considered to be a decisive
vote that requires \2/3\ of the votes cast at a meeting of
the Board at which a quorum is present to prevail.''.
(g) Investigations.--Section 2120(b) of the Organic Foods
Production Act (7 U.S.C. 6519(b)) is amended by adding at the
end the following:
``(3) Information sharing during active investigation.--In
carrying out this title, all parties to an active
investigation (including certifying agents, State organic
certification programs, and the national organic program)
shall share confidential business information with Federal
Government officers and employees involved in the
investigation as necessary to fully investigate and enforce
potential violations of this title.''.
(h) Data Organization and Access.--Section 2122 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6521) is
amended by adding at the end the following:
``(c) Access to Data Documentation Systems.--The Secretary
shall have access to available data from cross-border
documentation systems administered by other Federal agencies,
including the Automated Commercial Environment system of U.S.
Customs and Border Protection.
``(d) Reports.--
``(1) In general.--Not later than March 1, 2020, and
annually thereafter through March 1, 2023, the Secretary
shall submit to Congress, and make publicly available on the
website of the Department of Agriculture, a report describing
national organic program activities with respect to all
domestic and overseas investigations and compliance actions
taken pursuant to this title during the preceding year.
``(2) Requirements.--The data described in paragraph (1)
shall be broken down by agricultural product, quantity,
value, and month.
``(3) Exception.--Any data determined by the Secretary to
be confidential business information shall not be provided in
the report under paragraph (1).''.
(i) Organic Agricultural Product Imports Interagency
Working Group.--The Organic Foods Production Act of 1990 is
amended by inserting after section 2122 (7 U.S.C. 6521) the
following:
``SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS
INTERAGENCY WORKING GROUP.
``(a) Establishment.--
``(1) In general.--The Secretary and the Secretary of
Homeland Security shall jointly establish a working group to
facilitate coordination and information sharing between the
Department of Agriculture and U.S. Customs and Border
Protection relating to imports of organically produced
agricultural products (referred to in this section as the
`working group').
``(2) Members.--The working group--
``(A) shall include--
``(i) the Secretary (or a designee); and
``(ii) the Secretary of Homeland Security (or a designee);
and
``(B) shall not include any non-Federal officer or
employee.
``(3) Duties.--The working group shall facilitate
coordination and information sharing between the Department
of Agriculture and U.S. Customs and Border Protection for the
purposes of--
``(A) identifying imports of organically produced
agricultural products;
``(B) verifying the authenticity of organically produced
agricultural product import documentation, such as national
organic program import certificates;
``(C) ensuring imported agricultural products represented
as organically produced meet the requirements under this
title;
``(D) collecting and organizing quantitative data on
imports of organically produced agricultural products; and
``(E) requesting feedback from stakeholders on how to
improve the oversight of imports of organically produced
agricultural products.
``(4) Designated employees and officials.--An employee or
official designated to carry out the duties of the Secretary
or the Secretary of Homeland Security on the working group
under subparagraph (A) or (B) of paragraph (2) shall be an
employee or official compensated at a rate of pay not less
than the minimum annual rate of basic pay for GS-12 under
section 5332 of title 5, United States Code.
``(b) Reports.--On an annual basis, the working group shall
submit to Congress and make publicly available on the
websites of the Department of Agriculture and U.S. Customs
and Border Protection the following reports:
``(1) Organic trade enforcement interagency coordination
report.--A report--
[[Page H9927]]
``(A) identifying existing barriers to cooperation between
the agencies involved in agricultural product import
inspection, trade data collection and organization, and
organically produced agricultural product trade enforcement,
including--
``(i) U.S. Customs and Border Protection;
``(ii) the Agricultural Marketing Service; and
``(iii) the Animal and Plant Health Inspection Service;
``(B) assessing progress toward integrating organic trade
enforcement into import inspection procedures of U.S. Customs
and Border Protection and the Animal and Plant Health
Inspection Service, including an assessment of--
``(i) the status of the development of systems for--
``(I) tracking the fumigation of imports of organically
produced agricultural products into the United States; and
``(II) electronically verifying national organic program
import certificate authenticity; and
``(ii) training of U.S. Customs and Border Protection
personnel on--
``(I) the use of the systems described in clause (i); and
``(II) requirements and protocols under this title;
``(C) establishing methodology for ensuring imports of
agricultural products represented as organically produced
meet the requirements under this title;
``(D) recommending steps to improve the documentation and
traceability of imported organically produced agricultural
products;
``(E) recommending and describing steps for--
``(i) improving compliance with the requirements of this
title for all agricultural products imported into the United
States and represented as organically produced; and
``(ii) ensuring accurate labeling and marketing of imported
agricultural products represented as organically produced by
the exporter; and
``(F) describing staffing needs and additional resources at
U.S. Customs and Border Protection and the Department of
Agriculture needed to ensure compliance.
``(2) Report on enforcement actions taken on organic
imports.--A report--
``(A) providing detailed quantitative data (broken down by
agricultural product, quantity, value, month, and origin) on
imports of agricultural products represented as organically
produced found to be fraudulent or lacking any documentation
required under this title at the port of entry during the
report year;
``(B) providing data on domestic enforcement actions taken
on imported agricultural products represented as organically
produced, including the number and type of actions taken by
United States officials at ports of entry in response to
violations of this title;
``(C) providing data on fumigation of agricultural products
represented as organically produced at ports of entry and
notifications of fumigation actions to shipment owners,
broken down by product variety and country of origin; and
``(D) providing information on enforcement activities under
this title involving overseas investigations and compliance
actions taken within that year, including--
``(i) the number of investigations by country; and
``(ii) a descriptive summary of compliance actions taken by
certifying agents in each country.''.
(j) Authorization of Appropriations for National Organic
Program.--Section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended--
(1) by striking the section heading and inserting
``funding'';
(2) in subsection (b), by striking paragraphs (1) through
(7) and inserting the following:
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Modernization and Improvement of International Trade
Technology Systems and Data Collection.--
``(1) In general.--The Secretary shall establish a new
system or modify an existing data collection and organization
system to collect and organize in a single system
quantitative data on imports of each organically produced
agricultural product accepted into the United States.
``(2) Activities.--In carrying out paragraph (1), the
Secretary shall modernize trade and transaction certificates
to ensure full traceability to the port of entry without
unduly hindering trade or commerce, such as through an
electronic trade document exchange system.
``(3) Access.--The single system established under
paragraph (1) shall be accessible by any agency with the
direct authority to engage in--
``(A) inspection of imports of agricultural products;
``(B) trade data collection and organization; or
``(C) enforcement of trade requirements for organically
produced agricultural products.
``(4) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000
for fiscal year 2019 for the purposes of--
``(A) carrying out this subsection; and
``(B) maintaining the database and technology upgrades
previously carried out under this subsection, as in effect on
the day before the date of enactment of the Agriculture
Improvement Act of 2018.
``(5) Availability.--The amounts made available under
paragraph (4) are in addition to any other funds made
available for the purposes described in that paragraph and
shall remain available until expended.''.
(k) Trade Savings Provision.--The amendments made by
subsection (i) shall be carried out in a manner consistent
with United States obligations under international
agreements.
SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE
PROGRAM.
(a) Elimination of Directed Delegation.--Section 10606(a)
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 6523(a)) is amended by striking ``(acting through the
Agricultural Marketing Service)''.
(b) Funding.--Section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523) is amended by striking
subsection (d) and inserting the following:
``(d) Mandatory Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section--
``(A) $2,000,000 for each of fiscal years 2019 and 2020;
``(B) $4,000,000 for fiscal year 2021; and
``(C) $8,000,000 for each of fiscal years 2022 and 2023.
``(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.''.
SEC. 10106. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 7655a(c)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 10107. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of
2004 (7 U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``solely to enhance the competitiveness of
specialty crops.'' and inserting the following: ``to enhance
the competitiveness of specialty crops, including--
``(1) by leveraging efforts to market and promote specialty
crops;
``(2) by assisting producers with research and development
relevant to specialty crops;
``(3) by expanding availability and access to specialty
crops;
``(4) by addressing local, regional, and national
challenges confronting specialty crop producers; and
``(5) for such other purposes determined to be appropriate
by the Secretary of Agriculture, in consultation with
specialty crop stakeholders and relevant State departments of
agriculture.'';
(2) in subsection (j)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(C) by adding at the end the following:
``(2) Administration of multistate projects from
nonparticipating states.--The Secretary of Agriculture may
directly administer all aspects of multistate projects under
this subsection for applicants in a nonparticipating
State.'';
(3) in subsection (k), by adding at the end the following:
``(3) Evaluation.--
``(A) Performance measures and review.--
``(i) Development.--The Secretary of Agriculture and the
State departments of agriculture, in consultation with
specialty crop stakeholders, shall develop performance
measures to be used as the sole means of performing any
evaluation of the grant program established under this
section.
``(ii) Review.--The Secretary of Agriculture, in
consultation with the State departments of agriculture, shall
periodically evaluate the performance of the grant program
established under this section.
``(B) Cooperative agreements.--The Secretary of Agriculture
may enter into cooperative agreements--
``(i) to develop the performance measures under
subparagraph (A)(i); or
``(ii) to evaluate the overall performance of the grant
program established under this section.''; and
(4) in subsection (l)(2)(E), by inserting ``and each fiscal
year thereafter'' after ``2018''.
SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) Asexually Reproduced Defined.--Section 41(a) of the
Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), and (9) as paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Asexually reproduced.--The term `asexually
reproduced' means produced by a method of plant propagation
using vegetative material (other than seed) from a single
parent, including cuttings, grafting, tissue culture, and
propagation by root division.''.
(b) Right to Plant Variety Protection; Plant Varieties
Protectable.--Section 42(a) of the Plant Variety Protection
Act (7 U.S.C. 2402(a)) is amended by striking ``or tuber
propagated'' and inserting ``, tuber propagated, or asexually
reproduced''.
(c) Infringement of Plant Variety Protection.--Section
111(a)(3) of the Plant Variety Protection Act (7 U.S.C.
2541(a)(3)) is amended by inserting ``or asexually'' after
``sexually''.
(d) False Marketing; Cease and Desist Orders.--Section
128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a))
is amended, in the matter preceding paragraph (1), by
inserting ``or asexually'' after ``sexually''.
[[Page H9928]]
SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY.
(a) In General.--The Secretary, acting through the Director
of the Office of Pest Management Policy, shall conduct a
multiple crop and pesticide use survey of farmers to collect
data for risk assessment modeling and mitigation for an
active ingredient.
(b) Submission.--The Secretary shall submit to the
Administrator of the Environmental Protection Agency and make
publicly available the survey described in subsection (a).
(c) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $500,000 for fiscal year 2019, to remain available
until expended.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000, to
remain available until expended.
(d) Confidentiality of Information.--Section 1770 of the
Food Security Act of 1985 (7 U.S.C. 2276) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In the case'' and inserting the
following:
``(a) In General.--In the case''; and
(B) in paragraph (3), by striking ``subsection (d)(12)''
and inserting ``paragraph (12) or (13) of subsection (d)'';
and
(2) in subsection (d)--
(A) by striking ``(d) For purposes'' and inserting the
following:
``(d) Provisions of Law References.--For purposes'';
(B) in paragraph (11), by striking ``or'' at the end;
(C) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(13) section 10109 of the Agriculture Improvement Act of
2018.''.
SEC. 10110. REPORT ON THE ARRIVAL IN THE UNITED STATES OF
FOREST PESTS THROUGH RESTRICTIONS ON THE
IMPORTATION OF CERTAIN PLANTS FOR PLANTING.
Not later than March 1, 2021, the Secretary shall submit to
Congress a report--
(1) evaluating the effectiveness of the Federal Government
in intercepting pests in international shipping and on plants
for planting;
(2) describing the geographic sources of intercepted pests
and the commodities or plant species most often associated
with infested shipments;
(3) quantifying the detection of forest pests in the
national surveillance networks, including the Cooperative
Agricultural Pest Survey and the Early Detection and Rapid
Response network of the Forest Service;
(4) describing new outbreaks of forest pests in the United
States and the spread of existing infestations;
(5) describing how the numbers of such interceptions,
detections, and outbreaks described in a preceding paragraph
have changed since January 1, 2018;
(6) containing proposed additional actions to further
reduce the rate of arrival for forest pests across the
borders of the United States;
(7) identifying current challenges with intercepting,
detecting, and addressing outbreaks of tree and wood pests,
as well as challenges in achieving compliance with the Plant
Protection Act (7 U.S.C. 7701 et seq.) and recommendations
with respect to such challenges; and
(8) describing the coordination and collaboration occurring
between the Animal and Plant Health Inspection Service and
the Forest Service with respect to--
(A) identifying and prioritizing critical detection,
surveillance, and eradication needs for tree and wood pests;
and
(B) identifying the actions each agency takes within their
respective missions to address identified priorities.
SEC. 10111. REPORT ON PLANT BIOSTIMULANTS.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the President and Congress that identifies any potential
regulatory, non-regulatory, and legislative recommendations,
including the appropriateness of any definitions for plant
biostimulant, to ensure the efficient and appropriate review,
approval, uniform national labeling, and availability of
plant biostimulant products to agricultural producers.
(b) Consultation.--The Secretary shall prepare the report
required by subsection (a) in consultation with the
Administrator of the Environmental Protection Agency, the
several States, industry stakeholders, and such other
stakeholders as the Secretary determines necessary.
(c) Plant Biostimulant.--For the purposes of the report
under subsection (a), the Secretary--
(1) shall consider ``plant biostimulant'' to be a substance
or micro-organism that, when applied to seeds, plants, or the
rhizosphere, stimulates natural processes to enhance or
benefit nutrient uptake, nutrient efficiency, tolerance to
abiotic stress, or crop quality and yield; and
(2) may modify the description of plant biostimulant, as
appropriate.
SEC. 10112. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL
ASSISTANCE.
Section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i) is amended in the last sentence by inserting
after ``activities'' the following: ``but excluding any
amounts used to provide technical assistance under title X of
the Agriculture Improvement Act of 2018 or an amendment made
by that title''.
SEC. 10113. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
``Subtitle G--Hemp Production
``SEC. 297A. DEFINITIONS.
``In this subtitle:
``(1) Hemp.--The term `hemp' means the plant Cannabis
sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(5) State department of agriculture.--The term `State
department of agriculture' means the agency, commission, or
department of a State government responsible for agriculture
in the State.
``(6) Tribal government.--The term `Tribal government'
means the governing body of an Indian tribe.
``SEC. 297B. STATE AND TRIBAL PLANS.
``(a) Submission.--
``(1) In general.--A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in
the State or territory of the Indian tribe shall submit to
the Secretary, through the State department of agriculture
(in consultation with the Governor and chief law enforcement
officer of the State) or the Tribal government, as
applicable, a plan under which the State or Indian tribe
monitors and regulates that production as described in
paragraph (2).
``(2) Contents.--A State or Tribal plan referred to in
paragraph (1)--
``(A) shall only be required to include--
``(i) a practice to maintain relevant information regarding
land on which hemp is produced in the State or territory of
the Indian tribe, including a legal description of the land,
for a period of not less than 3 calendar years;
``(ii) a procedure for testing, using post-decarboxylation
or other similarly reliable methods, delta-9
tetrahydrocannabinol concentration levels of hemp produced in
the State or territory of the Indian tribe;
``(iii) a procedure for the effective disposal of--
``(I) plants, whether growing or not, that are produced in
violation of this subtitle; and
``(II) products derived from those plants;
``(iv) a procedure to comply with the enforcement
procedures under subsection (e);
``(v) a procedure for conducting annual inspections of, at
a minimum, a random sample of hemp producers to verify that
hemp is not produced in violation of this subtitle;
``(vi) a procedure for submitting the information described
in section 297C(d)(2), as applicable, to the Secretary not
more than 30 days after the date on which the information is
received; and
``(vii) a certification that the State or Indian tribe has
the resources and personnel to carry out the practices and
procedures described in clauses (i) through (vi); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable, to the
extent that the practice or procedure is consistent with this
subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection preempts
or limits any law of a State or Indian tribe that--
``(i) regulates the production of hemp; and
``(ii) is more stringent than this subtitle.
``(B) References in plans.--A State or Tribal plan referred
to in paragraph (1) may include a reference to a law of the
State or Indian tribe regulating the production of hemp, to
the extent that law is consistent with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of
a State or Tribal plan under subsection (a), the Secretary
shall--
``(A) approve the State or Tribal plan if the State or
Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if the State
or Tribal plan does not comply with subsection (a).
``(2) Amended plans.--If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the
Governor and chief law enforcement officer of the State) or
the Tribal government, as applicable, may submit to the
Secretary an amended State or Tribal plan that complies with
subsection (a).
``(3) Consultation.--The Secretary shall consult with the
Attorney General in carrying out this subsection.
``(c) Audit of State Compliance.--
``(1) In general.--The Secretary may conduct an audit of
the compliance of a State or Indian tribe with a State or
Tribal plan approved under subsection (b).
``(2) Noncompliance.--If the Secretary determines under an
audit conducted under paragraph (1) that a State or Indian
tribe is not materially in compliance with a State or Tribal
plan--
``(A) the Secretary shall collaborate with the State or
Indian tribe to develop a corrective action plan in the case
of a first instance of noncompliance; and
``(B) the Secretary may revoke approval of the State or
Tribal plan in the case of a second or subsequent instance of
noncompliance.
``(d) Technical Assistance.--The Secretary may provide
technical assistance to a State or Indian tribe in the
development of a State or Tribal plan under subsection (a).
[[Page H9929]]
``(e) Violations.--
``(1) In general.--A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
``(2) Negligent violation.--
``(A) In general.--A hemp producer in a State or the
territory of an Indian tribe for which a State or Tribal plan
is approved under subsection (b) shall be subject to
subparagraph (B) of this paragraph if the State department of
agriculture or Tribal government, as applicable, determines
that the hemp producer has negligently violated the State or
Tribal plan, including by negligently--
``(i) failing to provide a legal description of land on
which the producer produces hemp;
``(ii) failing to obtain a license or other required
authorization from the State department of agriculture or
Tribal government, as applicable; or
``(iii) producing Cannabis sativa L. with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent
on a dry weight basis.
``(B) Corrective action plan.--A hemp producer described in
subparagraph (A) shall comply with a plan established by the
State department of agriculture or Tribal government, as
applicable, to correct the negligent violation, including--
``(i) a reasonable date by which the hemp producer shall
correct the negligent violation; and
``(ii) a requirement that the hemp producer shall
periodically report to the State department of agriculture or
Tribal government, as applicable, on the compliance of the
hemp producer with the State or Tribal plan for a period of
not less than the next 2 calendar years.
``(C) Result of negligent violation.--A hemp producer that
negligently violates a State or Tribal plan under
subparagraph (A) shall not as a result of that violation be
subject to any criminal enforcement action by the Federal
Government or any State government, Tribal government, or
local government.
``(D) Repeat violations.--A hemp producer that negligently
violates a State or Tribal plan under subparagraph (A) 3
times in a 5-year period shall be ineligible to produce hemp
for a period of 5 years beginning on the date of the third
violation.
``(3) Other violations.--
``(A) In general.--If the State department of agriculture
or Tribal government in a State or the territory of an Indian
tribe for which a State or Tribal plan is approved under
subsection (b), as applicable, determines that a hemp
producer in the State or territory has violated the State or
Tribal plan with a culpable mental state greater than
negligence--
``(i) the State department of agriculture or Tribal
government, as applicable, shall immediately report the hemp
producer to--
``(I) the Attorney General; and
``(II) the chief law enforcement officer of the State or
Indian tribe, as applicable; and
``(ii) paragraph (1) of this subsection shall not apply to
the violation.
``(B) Felony.--
``(i) In general.--Except as provided in clause (ii), any
person convicted of a felony relating to a controlled
substance under State or Federal law before, on, or after the
date of enactment of this subtitle shall be ineligible,
during the 10-year period following the date of the
conviction--
``(I) to participate in the program established under this
section or section 297C; and
``(II) to produce hemp under any regulations or guidelines
issued under section 297D(a).
``(ii) Exception.--Clause (i) shall not apply to any person
growing hemp lawfully with a license, registration, or
authorization under a pilot program authorized by section
7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before
the date of enactment of this subtitle.
``(C) False statement.--Any person who materially falsifies
any information contained in an application to participate in
the program established under this section shall be
ineligible to participate in that program.
``(f) Effect.--Nothing in this section prohibits the
production of hemp in a State or the territory of an Indian
tribe--
``(1) for which a State or Tribal plan is not approved
under this section, if the production of hemp is in
accordance with section 297C or other Federal laws (including
regulations); and
``(2) if the production of hemp is not otherwise prohibited
by the State or Indian tribe.
``SEC. 297C. DEPARTMENT OF AGRICULTURE.
``(a) Department of Agriculture Plan.--
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under
section 297B, the production of hemp in that State or the
territory of that Indian tribe shall be subject to a plan
established by the Secretary to monitor and regulate that
production in accordance with paragraph (2).
``(2) Content.--A plan established by the Secretary under
paragraph (1) shall include--
``(A) a practice to maintain relevant information regarding
land on which hemp is produced in the State or territory of
the Indian tribe, including a legal description of the land,
for a period of not less than 3 calendar years;
``(B) a procedure for testing, using post-decarboxylation
or other similarly reliable methods, delta-9
tetrahydrocannabinol concentration levels of hemp produced in
the State or territory of the Indian tribe;
``(C) a procedure for the effective disposal of--
``(i) plants, whether growing or not, that are produced in
violation of this subtitle; and
``(ii) products derived from those plants;
``(D) a procedure to comply with the enforcement procedures
under subsection (c)(2);
``(E) a procedure for conducting annual inspections of, at
a minimum, a random sample of hemp producers to verify that
hemp is not produced in violation of this subtitle; and
``(F) such other practices or procedures as the Secretary
considers to be appropriate, to the extent that the practice
or procedure is consistent with this subtitle.
``(b) Licensing.--The Secretary shall establish a procedure
to issue licenses to hemp producers in accordance with a plan
established under subsection (a).
``(c) Violations.--
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under
section 297B, it shall be unlawful to produce hemp in that
State or the territory of that Indian tribe without a license
issued by the Secretary under subsection (b).
``(2) Negligent and other violations.--A violation of a
plan established under subsection (a) shall be subject to
enforcement in accordance with paragraphs (2) and (3) of
section 297B(e), except that the Secretary shall carry out
that enforcement instead of a State department of agriculture
or Tribal government.
``(3) Reporting to attorney general.--In the case of a
State or Indian tribe covered by paragraph (1), the Secretary
shall report the production of hemp without a license issued
by the Secretary under subsection (b) to the Attorney
General.
``(d) Information Sharing for Law Enforcement.--
``(1) In general.--The Secretary shall--
``(A) collect the information described in paragraph (2);
and
``(B) make the information collected under subparagraph (A)
accessible in real time to Federal, State, territorial, and
local law enforcement.
``(2) Content.--The information collected by the Secretary
under paragraph (1) shall include--
``(A) contact information for each hemp producer in a State
or the territory of an Indian tribe for which--
``(i) a State or Tribal plan is approved under section
297B(b); or
``(ii) a plan is established by the Secretary under this
section;
``(B) a legal description of the land on which hemp is
grown by each hemp producer described in subparagraph (A);
and
``(C) for each hemp producer described in subparagraph
(A)--
``(i) the status of--
``(I) a license or other required authorization from the
State department of agriculture or Tribal government, as
applicable; or
``(II) a license from the Secretary; and
``(ii) any changes to the status.
``SEC. 297D. REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW.
``(a) Promulgation of Regulations and Guidelines; Report.--
``(1) Regulations and guidelines.--
``(A) In general.--The Secretary shall promulgate
regulations and guidelines to implement this subtitle as
expeditiously as practicable.
``(B) Consultation with attorney general.--The Secretary
shall consult with the Attorney General on the promulgation
of regulations and guidelines under subparagraph (A).
``(2) Report.--The Secretary shall annually submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report containing updates on the implementation of
this subtitle.
``(b) Authority.--Subject to subsection (c)(3)(B), the
Secretary shall have sole authority to promulgate Federal
regulations and guidelines that relate to the production of
hemp, including Federal regulations and guidelines that
relate to the implementation of sections 297B and 297C.
``(c) Effect on Other Law.--Nothing in this subtitle shall
affect or modify--
``(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.);
``(2) section 351 of the Public Health Service Act (42
U.S.C. 262); or
``(3) the authority of the Commissioner of Food and Drugs
and the Secretary of Health and Human Services--
``(A) under--
``(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.); or
``(ii) section 351 of the Public Health Service Act (42
U.S.C. 262); or
``(B) to promulgate Federal regulations and guidelines that
relate to the production of hemp under the Act described in
subparagraph (A)(i) or the section described in subparagraph
(A)(ii).
``SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.''.
SEC. 10114. INTERSTATE COMMERCE.
(a) Rule of Construction.--Nothing in this title or an
amendment made by this title prohibits the interstate
commerce of hemp (as defined in section 297A of the
Agricultural Marketing Act of 1946 (as added by section
10113)) or hemp products.
(b) Transportation of Hemp and Hemp Products.--No State or
Indian Tribe shall prohibit the transportation or shipment of
hemp or hemp products produced in accordance with subtitle G
of the Agricultural Marketing Act of 1946 (as added by
section 10113) through the State or the territory of the
Indian Tribe, as applicable.
SEC. 10115. FIFRA INTERAGENCY WORKING GROUP.
Section 3(c) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 13a(c)) is amended by adding at the
end the following:
``(11) Interagency working group.--
``(A) Definition of covered agency.--In this paragraph, the
term `covered agency' means any of the following:
``(i) The Department of Agriculture.
``(ii) The Department of Commerce.
[[Page H9930]]
``(iii) The Department of the Interior.
``(iv) The Council on Environmental Quality.
``(v) The Environmental Protection Agency.
``(B) Establishment.--The Administrator shall establish an
interagency working group, to be comprised of representatives
from each covered agency, to provide recommendations
regarding, and to implement a strategy for improving, the
consultation process required under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) for pesticide
registration and registration review.
``(C) Duties.--The interagency working group established
under subparagraph (B) shall--
``(i) analyze relevant Federal law (including regulations)
and case law for purposes of providing an outline of the
legal and regulatory framework for the consultation process
referred to in that subparagraph, including--
``(I) requirements under this Act and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(II) Federal case law regarding the intersection of this
Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
``(III) Federal regulations relating to the pesticide
consultation process;
``(ii) provide advice regarding methods of--
``(I) defining the scope of actions of the covered agencies
that are subject to the consultation requirement referred to
in subparagraph (B); and
``(II) properly identifying and classifying effects of
actions of the covered agencies with respect to that
consultation requirement;
``(iii) identify the obligations and limitations under
Federal law of each covered agency for purposes of providing
a legal and regulatory framework for developing the
recommendations referred to in subparagraph (B);
``(iv) review practices for the consultation referred to in
subparagraph (B) to identify problem areas, areas for
improvement, and best practices for conducting that
consultation among the covered agencies;
``(v) develop scientific and policy approaches to increase
the accuracy and timeliness of the process for that
consultation, in accordance with requirements of this Act and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
including--
``(I) processes to efficiently share data and coordinate
analyses among the Department of Agriculture, the Department
of Commerce, the Department of the Interior, and the
Environmental Protection Agency;
``(II) a streamlined process for identifying which actions
require no consultation, informal consultation, or formal
consultation;
``(III) an approach that will provide clarity with respect
to what constitutes the best scientific and commercial data
available in the fields of pesticide use and ecological risk
assessment, pursuant to section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)(2)); and
``(IV) approaches that enable the Environmental Protection
Agency to better assist the Department of the Interior and
the Department of Commerce in carrying out obligations under
that section in a timely and efficient manner; and
``(vi) propose and implement a strategy to implement
approaches to consultations under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) and document that strategy
in a memorandum of understanding, revised regulations, or
another appropriate format to promote durable cooperation
among the covered agencies.
``(D) Reports.--
``(i) Progress reports.--
``(I) In general.--Not later than 18 months after the date
of enactment of this paragraph, the Administrator, in
coordination with the head of each other covered agency,
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the progress
of the working group in developing the recommendations under
subparagraph (B).
``(II) Requirements.--The report under this clause shall--
``(aa) reflect the perspectives of each covered agency; and
``(bb) identify areas of new consensus and continuing
topics of disagreement and debate.
``(ii) Results.--
``(I) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Administrator, in
coordination with the head of each other covered agency,
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing--
``(aa) the recommendations developed under subparagraph
(B); and
``(bb) plans for implementation of those recommendations.
``(II) Requirements.--The report under this clause shall--
``(aa) reflect the perspectives of each covered agency; and
``(bb) identify areas of consensus and continuing topics of
disagreement and debate, if any.
``(iii) Implementation.--Not later than 1 year after the
date of submission of the report under clause (i), the
Administrator, in coordination with the head of each other
covered agency, shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing--
``(I) the implementation of the recommendations referred to
in that clause;
``(II) the extent to which that implementation improved the
consultation process referred to in subparagraph (B); and
``(III) any additional recommendations for improvements to
the process described in subparagraph (B).
``(iv) Other reports.--Not later than the date that is 180
days after the date of submission of the report under clause
(iii), and not less frequently than once every 180 days
thereafter during the 5-year period beginning on that date,
the Administrator, in coordination with the head of each
other covered agency, shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report describing--
``(I) the implementation of the recommendations referred to
in that clause;
``(II) the extent to which that implementation improved the
consultation process referred to in subparagraph (B); and
``(III) any additional recommendations for improvements to
the process described in subparagraph (B).
``(E) Consultation with private sector.--In carrying out
the duties under this paragraph, the working group shall, as
appropriate--
``(i) consult with, representatives of interested industry
stakeholders and nongovernmental organizations; and
``(ii) take into consideration factors, such as actual and
potential differences in interest between, and the views of,
those stakeholders and organizations.
``(F) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under this paragraph.
``(G) Savings clause.--Nothing in this paragraph supersedes
any provision of--
``(i) this Act; or
``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), including the requirements under section 7 of that
Act (16 U.S.C. 1536).''.
SEC. 10116. STUDY ON METHYL BROMIDE USE IN RESPONSE TO AN
EMERGENCY EVENT.
(a) Definitions.--In this section:
(1) Emergency event.--The term ``emergency event'' means a
situation--
(A) that occurs at a location on which a plant or commodity
is grown or produced or facility providing for the storage
of, or other services with respect to, a plant or commodity;
(B) for which the lack of availability of methyl bromide
for a particular use would result in significant economic
loss to the owner, lessee, or operator of the location or
facility or the owner, grower, or purchaser of the plant or
commodity; and
(C) that, in light of the specific agricultural,
meteorological, or other conditions presented, requires the
use of methyl bromide to control a pest or disease in the
location or facility because there are no technically
feasible alternatives to methyl bromide easily accessible by
an entity referred to in subparagraph (B) at the time and
location of the event that--
(i) are registered under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for the
intended use or pest to be so controlled; and
(ii) would adequately control the pest or disease presented
at the location or facility.
(2) Pest.--The term ``pest'' has the meaning given the term
in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of State and the Administrator of the Environmental
Protection Agency, shall complete a study on the potential
use of methyl bromide in response to an emergency event.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) a risk-benefit analysis of authorizing State, local, or
Tribal authorities, in accordance with appropriate
requirements and criteria, such as the recommendations
developed under subparagraph (E)--
(i) to determine when the use of methyl bromide is
required; and
(ii) to authorize such use;
(B) a risk-benefit analysis of authorizing the Secretary,
in accordance with appropriate requirements and criteria,
such as the recommendations developed under subparagraph
(E)--
(i) to determine when the use of methyl bromide is
required; and
(ii) to authorize such use;
(C) a historic estimate of situations occurring on or after
September 15, 1997, that could have been deemed emergency
events;
(D) a detailed assessment of the adherence of the United
States to international obligations of the United States with
respect to the prevention of ozone depletion; and
(E) an assessment and recommendations on appropriate
requirements and criteria to be met to authorize the use of
methyl bromide in response to an emergency event (including
any recommendations for revising the definition of the term
``emergency event'' in subsection (a)) in a manner that fully
complies with the Montreal Protocol on Substances that
Deplete the Ozone Layer, including Decision IX/7 of the Ninth
Meeting of the Conference of the Parties to the Montreal
Protocol on Substances that Deplete the Ozone Layer.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report on
the study under subsection (b) to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Forestry, and Nutrition of the Senate.
TITLE XI--CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (7), (8), (10), (11), (12), and (13)
respectively;
[[Page H9931]]
(2) by inserting after paragraph (5) the following:
``(6) Cover crop termination.--The term `cover crop
termination' means a practice that historically and under
reasonable circumstances results in the termination of the
growth of a cover crop.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7
U.S.C. 1506(h)(2)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) National agricultural statistics service.--Data
collected by the National Agricultural Statistics Service,
whether published or unpublished, shall be--
``(i) provided in an aggregate form to the Corporation for
the purpose of providing insurance under this subtitle; and
``(ii) kept confidential by the Corporation in the same
manner and to the same extent as is required under--
``(I) section 1770 of the Food Security Act of 1985 (7
U.S.C. 2276); and
``(II) the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347).
``(C) Noninsured crop disaster assistance program.--In
collecting data under this subsection, the Secretary shall
ensure that--
``(i) appropriate data are collected through the noninsured
crop disaster assistance program established by section 196
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333); and
``(ii) not less frequently than annually, the Farm Service
Agency shares, and the Corporation considers, the data
described in clause (i).''.
SEC. 11103. SHARING OF RECORDS.
Section 506(h)(3) of the Federal Crop Insurance Act (7
U.S.C. 1506(h)(3)) is amended by inserting ``applicants who
have received payment under section 522(b)(2)(E),'' after
``divisions,''.
SEC. 11104. USE OF RESOURCES.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C.
1507(f)) is amended--
(1) by striking paragraphs (3) and (4) and inserting the
following:
``(3) the Farm Service Agency, in assisting the Board in--
``(A) the determination of individual producer yields;
``(B) sharing information on beginning farmers and ranchers
and veteran farmers and ranchers;
``(C) investigating potential waste, fraud, or abuse;
``(D) sharing information to support the transition of
crops and counties from the noninsured crop disaster
assistance program established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) to insurance under this subtitle; and
``(E) serving as a local point of contact for the
dissemination of information on risk management options
available to farmers and ranchers; and
``(4) other Federal agencies, in assisting the Board in any
way the Board determines is necessary in carrying out this
subtitle.'';
(2) in paragraph (2), by striking ``(2) the'' and inserting
the following:
``(2) the''; and
(3) by striking ``(f) The Board'' in the matter preceding
paragraph (1) and all that follows through the semicolon at
the end of paragraph (1) and inserting the following:
``(f) Use of Resources, Data, Boards, and Committees of
Federal Agencies.--If the Board determines it is necessary,
the Board shall use, to the maximum extent practicable, the
resources, data, boards, and the committees of--
``(1) the Natural Resources Conservation Service, in
assisting the Board in--
``(A) the classification of land as to risk and production
capability; and
``(B) the consideration of acceptable conservation
practices, including good farming practices with respect to
conservation (such as cover crop termination);''.
SEC. 11105. SPECIALTY CROPS.
(a) Specialty Crops Coordinator.--Section 507(g) of the
Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended--
(1) by striking the subsection designation and all that
follows through ``The Corporation'' in paragraph (1) and
inserting the following:
``(g) Specialty Crops Coordinator.--
``(1) In general.--The Corporation''; and
(2) by adding at the end the following:
``(4) Specialty crop liaisons.--The Specialty Crops
Coordinator shall--
``(A) designate a Specialty Crops Liaison in each regional
field office; and
``(B) share the contact information of the Specialty Crops
Liaisons with specialty crop producers.
``(5) Website.--The Specialty Crops Coordinator shall
establish a website focused on the efforts of the Corporation
to provide and expand crop insurance for specialty crop
producers.''.
(b) Addition of Specialty Crops and Other Value-added
Crops.--Section 508(a)(6) of the Federal Crop Insurance Act
(7 U.S.C. 1508(a)(6)) is amended--
(1) in the paragraph heading, by adding at the end the
following: ``(including value-added crops)'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Annual review.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018, and
annually thereafter, the manager of the Corporation shall
prepare, to the maximum extent practicable, based on data
shared from the noninsured crop disaster assistance program
established by section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333), written
agreements, or other data, and present to the Board not less
than 1 of each of the following:
``(i) Research and development for a policy or plan of
insurance for a commodity for which there is no existing
policy or plan of insurance.
``(ii) Expansion of an existing policy or plan of insurance
to additional counties or States, including malting barley
endorsements or contract options.
``(iii) Research and development for a new policy or plan
of insurance, or endorsement, for commodities with existing
policies or plans of insurance, such as dollar plans.'';
(3) in subparagraph (B), in the subparagraph heading, by
striking ``Addition of new crops'' and inserting ``Report'';
and
(4) by striking subparagraphs (C) and (D).
SEC. 11106. INSURANCE PERIOD.
Section 508(a)(2) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(2)) is amended by striking ``and sweet
potatoes'' and inserting ``sweet potatoes, and hemp''.
SEC. 11107. COVER CROPS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)) is amended--
(1) in paragraph (3)(B), in the subparagraph heading, by
inserting ``determination review'' after ``practices''; and
(2) by adding at the end the following:
``(11) Cover crops.--
``(A) In general.--The voluntary practice of cover cropping
shall be considered a good farming practice under paragraph
(3)(A)(iii) if the cover crop is terminated in accordance
with subparagraph (B).
``(B) Termination.--
``(i) In general.--The termination of a cover crop shall be
carried out according to--
``(I) guidelines established by the Secretary; or
``(II) an exception to the guidelines approved under clause
(ii).
``(ii) Exception to guidelines.--The Corporation shall
approve an exception to the guidelines under clause (i)(I) if
that exception is recommended by--
``(I) the Natural Resources Conservation Service; or
``(II) an agricultural expert, as determined by the
Corporation, unless the exception is determined to be
unreasonable by the Corporation.
``(C) Insurability of subsequent crop.--Cover crop
termination shall not affect the insurability of a
subsequently planted insurable crop if the cover crop is
terminated in accordance with subparagraph (B).
``(D) Summer fallow.--In a county in which summer fallow is
an insurable practice, a cover crop in that county that is
terminated in accordance with subparagraph (B) shall be
considered as summer fallow for the purpose of
insurability.''.
SEC. 11108. UNDERSERVED PRODUCERS.
Section 508(a)(7) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(7)) is amended--
(1) in the paragraph heading, by inserting ``and
underserved producers'' after ``states'';
(2) in subparagraph (A)--
(A) by striking the designation and heading and all that
follows through ``the term'' and inserting the following:
``(A) Definitions.--In this paragraph:
``(i) Adequately served.--The term'';
(B) in clause (i) (as so designated), by striking
``participation rate'' and inserting ``participation rate, by
crop,''; and
(C) by adding at the end the following:
``(ii) Underserved producer.--The term `underserved
producer' means an individual (including a member of an
Indian Tribe) that is--
``(I) a beginning farmer or rancher;
``(II) a veteran farmer or rancher; or
``(III) a socially disadvantaged farmer or rancher.'';
(3) in subparagraph (B)--
(A) by striking ``The Board'' and inserting ``Using
resources and information available to the Board or the
Secretary, the Board''; and
(B) by striking ``subtitle'' and inserting ``subtitle,
including policies and plans of insurance for underserved
producers,''; and
(4) by striking subparagraph (C) and inserting the
following:
``(C) Report.--
``(i) In general.--Not later than 30 days after completion
of the review under subparagraph (B), and not less frequently
than once every 3 years thereafter, the Board shall make
publicly available and submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the results of the review.
``(ii) Recommendations.--The report under clause (i) shall
include recommendations to increase participation in States
and among underserved producers that are not adequately
served by the policies and plans of insurance, including any
plans for administrative action or recommendations for
Congressional action.''.
SEC. 11109. TREATMENT OF FORAGE AND GRAZING.
(a) Availability of Catastrophic Risk Protection for Crops
and Grasses Used for Grazing.--Section 508(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)(1)) is amended--
(1) by striking ``(A) In general.--Except as provided in
subparagraph (B), the'' and inserting ``The''; and
(2) by striking subparagraph (B).
(b) Coverage for Forage and Grazing.--The Federal Crop
Insurance Act is amended by inserting after section 508C (7
U.S.C. 1508c) the following new section:
``SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.
``Notwithstanding section 508A, and in addition to any
other available coverage, for crops
[[Page H9932]]
that can be both grazed and mechanically harvested on the
same acres during the same growing season, producers shall be
allowed to purchase separate policies for each intended use,
as determined by the Corporation, and any indemnity paid
under those policies for each intended use shall not be
considered to be for the same loss for the purposes of
section 508(n).''.
SEC. 11110. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7
U.S.C. 1508(b)(5)(A)) is amended by striking ``$300'' and
inserting ``$655''.
SEC. 11111. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7
U.S.C. 1508(e)(5)) is amended by adding at the end the
following:
``(E) Enterprise units across county lines.--The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with--
``(i) 1 or more other enterprise units in 1 or more other
counties; or
``(ii) all basic units and all optional units in 1 or more
other counties.''.
SEC. 11112. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)) is amended by adding at the end the following new
paragraph:
``(6) Continued authority.--
``(A) In general.--The Corporation shall establish--
``(i) underwriting rules that limit the decrease in the
actual production history of a producer, at the election of
the producer, to not more than 10 percent of the actual
production history of the previous crop year provided that
the production decline was the result of drought, flood,
natural disaster, or other insurable loss (as determined by
the Corporation); and
``(ii) actuarially sound premiums to cover additional risk.
``(B) Other authority.--The authority provided under
subparagraph (A) is in addition to any other authority that
adjusts the actual production history of the producer under
this Act.
``(C) Effect.--Nothing in this paragraph shall be construed
to require a change in the administration of any provision of
this Act as the Act was administered for the 2018 reinsurance
year.''.
SEC. 11113. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)) is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall'' and
inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by inserting
``subject to clause (ii),'' before ``will likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation may waive the
viability and marketability requirement under clause (i)(I)
in the case of a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies and other
materials relating to the production of hemp, may waive the
viability and marketability requirement under subparagraph
(A)(ii)(I).''.
SEC. 11114. CROP PRODUCTION ON NATIVE SOD.
Section 508(o)(2)(A) of the Federal Crop Insurance Act (7
U.S.C. 1508(o)(2)(A)) is amended--
(1) by striking ``During the'' and inserting the following:
``(i) First 4 crop years.--During the'';
(2) in clause (i) (as so designated), by striking ``after
the date of enactment of the Agricultural Act of 2014'' and
inserting ``beginning on February 8, 2014, and ending on the
date of enactment of the Agriculture Improvement Act of
2018''; and
(3) by adding at the end the following:
``(ii) Subsequent crop years.--Native sod acreage that has
been tilled for the production of an insurable crop after the
date of enactment of the Agriculture Improvement Act of 2018
shall be subject to a reduction in benefits under this
subtitle as described in this paragraph for not more than 4
cumulative years--
``(I) during the first 10 years after initial tillage; and
``(II) during each of which a crop on that acreage is
insured under subsection (c).''.
SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE
DATA TO COMBAT WASTE, FRAUD, AND ABUSE.
Section 515 of the Federal Crop Insurance Act (7 U.S.C.
1515) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) using published aggregate data from the National
Agricultural Statistics Service or any other data source to--
``(i) detect yield disparities or other data anomalies that
indicate potential fraud; and
``(ii) target the relevant counties, crops, regions,
companies, or agents associated with that potential fraud for
audits and other enforcement actions.''; and
(2) in subsection (f)(2)(A), by striking ``pursuant to''
each place it appears and inserting ``under''.
SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C.
1515(g)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) The actual production history to be used to establish
insurable yields.''; and
(2) in paragraph (2)--
(A) by striking ``The information required by paragraph
(1)'' and inserting the following:
``(A) In general.--The information required to be submitted
under subparagraphs (A) through (C) of paragraph (1)''; and
(B) by adding at the end the following:
``(B) Actual production history.--
``(i) In general.--The information required to be submitted
under paragraph (1)(D) with respect to an applicable policy
or plan of insurance for a covered commodity (as defined in
section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011))
shall be submitted so as to ensure receipt by the Corporation
not later than the Saturday of the week containing the
calendar day that is 30 days after the applicable production
reporting date for the crop to be insured.
``(ii) Correction of errors.--Nothing in clause (i) limits
the ability of an approved insurance provider to correct any
error in the information submitted under paragraph (1)(D)
after receipt of the information by the Corporation in
accordance with clause (i).''.
SEC. 11117. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND
AGENTS.
Section 515 of the Federal Crop Insurance Act (7 U.S.C.
1515) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Continuing Education for Loss Adjusters and Agents.--
``(1) In general.--The Corporation shall establish
requirements for continuing education for loss adjusters and
agents of approved insurance providers.
``(2) Requirements.--The requirements for continuing
education described in paragraph (1) shall ensure that loss
adjusters and agents of approved insurance providers are
familiar with--
``(A) the policies and plans of insurance available under
this Act, including the regulations promulgated to carry out
this Act;
``(B) efforts to promote program integrity through the
elimination of waste, fraud, and abuse; and
``(C) other aspects of adjusting, delivering, and servicing
policies and plans of insurance by adjustors and agents, as
determined by the Secretary, including conservation
activities and agronomic practices (including organic and
sustainable practices) that are common and appropriate to the
area in which the insured crop being inspected is
produced.''.
SEC. 11118. PROGRAM ADMINISTRATION.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act
(7 U.S.C. 1516(b)(2)(C)(i)) is amended by striking
``$9,000,000'' and inserting ``$7,000,000''.
SEC. 11119. AGRICULTURAL COMMODITY.
Section 518 of the Federal Crop Insurance Act (7 U.S.C.
1518) is amended by inserting ``hemp,'' before ``aquacultural
species''.
SEC. 11120. MAINTENANCE OF POLICIES.
(a) In General.--Section 522(b) of the Federal Crop
Insurance Act (7 U.S.C. 1522(b)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Reimbursement.--
``(i) In general.--An applicant who submits a policy under
section 508(h) shall be eligible for the reimbursement of
reasonable research and development costs if the policy is
approved by the Board for sale to producers.
``(ii) Reasonable costs.--For the purpose of reimbursing
research and development and maintenance costs under this
section, costs of the applicant shall be considered
reasonable costs if the costs are based on--
``(I) for any employees or contracted personnel, wage rates
equal to not more than 2 times the hourly wage rate plus
benefits, as provided by the Bureau of Labor Statistics for
the year in which such costs are incurred, calculated using
the formula applied to an applicant by the Corporation in
reviewing proposed project budgets under this section on
October 1, 2016; and
``(II) other actual documented costs incurred by the
applicant.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``approved insurance
provider'' and inserting ``applicant''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``determined by the approved
insurance provider'' and inserting ``determined by the
applicant''; and
(ii) by adding at the end the following:
``(iii) Review.--After the Board approves the amount of a
fee under clause (ii), the fee shall remain in effect and not
be reviewed by the Board unless--
``(I) the applicant petitions the Board for reconsideration
of the fee;
``(II) a substantial change is made to the policy, as
determined by the Board; or
``(III) there is substantial evidence that the fee is
inhibiting sales or use of the policy, as determined by the
Board.''.
(b) Applicability.--
(1) In general.--The amendments made by this section shall
apply to reimbursement requests made on or after October 1,
2016.
(2) Resubmission of denied request.--An applicant that was
denied all or a portion of a reimbursement request under
paragraph (1) of section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) during the period between October 1,
2016, and the date of the enactment of this Act shall be
given an opportunity to resubmit such request.
[[Page H9933]]
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND
MAINTENANCE COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the viability
and marketability requirements under this paragraph in the
case of research and development relating to a policy to
insure the production of hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive the
marketability requirement under subparagraph (A) in the case
of research and development relating to a policy to insure
the production of hemp.''.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C.
1522(c)) is amended--
(1) by striking paragraphs (7) through (18) and (20)
through (23);
(2) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively;
(3) in paragraph (7) (as so redesignated) (entitled ``Whole
farm diversified risk management insurance plan''), by adding
at the end the following:
``(E) Review of modifications to improve effectiveness.--
``(i) In general.--Not later than 18 months after the date
of enactment of the Agriculture Improvement Act of 2018--
``(I) the Corporation shall hold stakeholder meetings to
solicit producer and agent feedback; and
``(II) the Board shall--
``(aa) review procedures and paperwork requirements on
agents and producers; and
``(bb) modify procedures and requirements, as appropriate,
to decrease burdens and increase flexibility and
effectiveness.
``(ii) Factors.--In carrying out items (aa) and (bb) of
subclause (i)(II), the Board shall consider--
``(I) removing caps on nursery and livestock production;
``(II) allowing a waiver to expand operations, especially
for small and beginning farmers;
``(III) minimizing paperwork for producers and agents;
``(IV) implementing an option for producers with less than
$1,000,000 in gross revenue that requires significantly less
paperwork and recordkeeping;
``(V) developing and using alternative records such as
time-stamped photographs or technology applications to
document planting and production history;
``(VI) treating the different growth stages of aquaculture
species as separate crops to recognize the difference in
perils at different phases of growth;
``(VII) moderating the impacts of disaster years on
historic revenue, such as--
``(aa) using an average of the historic and projected
revenue;
``(bb) counting indemnities as historic revenue for loss
years;
``(cc) counting payments under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) as historic revenue for loss years; or
``(dd) using an assigned yield floor similar to the
limitation described in section 508(g)(6)(A)(i), as
determined by the Secretary;
``(VIII) improving agent training and outreach to
underserved regions and sectors such as small dairy farms;
and
``(IX) providing coverage and indemnification of insurable
losses--
``(aa) after the losses exceed the deductible; and
``(bb) up to the maximum amount of total coverage.
``(F) Beginning farmer or rancher defined.--Notwithstanding
section 502(b)(3), with respect to plans described under this
paragraph, the term `beginning farmer or rancher' means a
farmer or rancher who has not actively operated and managed a
farm or ranch with a bona fide insurable interest in a crop
or livestock as an owner-operator, landlord, tenant, or
sharecropper for more than 10 crop years.''; and
(4) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Tropical storm or hurricane insurance.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding a policy to insure crops (including
tomatoes, peppers, and citrus) against losses due to a
tropical storm or hurricane.
``(B) Research and development.--Research and development
under subparagraph (A) shall--
``(i) evaluate the effectiveness of risk management tools
for a low frequency and catastrophic loss weather event; and
``(ii) result in a policy that provides protection for at
least 1 of the following:
``(I) Production loss.
``(II) Revenue loss.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under this paragraph; and
``(ii) any recommendations with respect to those results.
``(10) Quality loss.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the establishment of each of the
following alternative methods of adjusting for quality
losses:
``(i) A method that does not impact the actual production
history of a producer.
``(ii) A method that provides that, in circumstances in
which a producer has suffered a quality loss to the insured
crop of the producer that is insufficient to trigger an
indemnity payment, the producer may elect to exclude that
quality loss from the actual production history of the
producer.
``(iii) 1 or more methods that combine the methods
described in clauses (i) and (ii).
``(B) Requirements.--Notwithstanding subsections (g) and
(m) of section 508, any method developed under subparagraph
(A) that is used by the Corporation shall be--
``(i) optional for a producer to use; and
``(ii) offered at an actuarially sound premium rate.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(11) Citrus.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the insurance of citrus fruit
commodities and commodity types, including research and
development of--
``(i) improvements to 1 or more existing policies,
including the whole-farm revenue protection pilot policy;
``(ii) alternative methods of insuring revenue for citrus
fruit commodities and commodity types; and
``(iii) the development of new, or expansion of existing,
revenue policies for citrus fruit commodities and commodity
types.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(12) Hops.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding a policy to insure the production of
hops or revenue derived from the production of hops.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(13) Subsurface irrigation practices.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the creation of a separate practice
for subsurface irrigation, including the establishment of a
separate transitional yield within a county that is
reflective of the average gain in productivity and yield
associated with the installation of a subsurface irrigation
system.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(14) Grain sorghum.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development--
``(i) regarding improvements to 1 or more policies to
insure irrigated grain sorghum;
``(ii) regarding alternative methods for producers with not
more than 4 years of production history to insure irrigated
grain sorghum; and
``(iii) to assess, by county, the difference in the rate,
average yield, and coverage level of grain sorghum policies
compared to policies for other feed grains in that county.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
[[Page H9934]]
``(ii) any recommendations with respect to those results.
``(15) Limited irrigation practices.--
``(A) Authority.--The Corporation shall--
``(i) consider expanding the availability of the limited
irrigation insurance program to neighboring and similarly
situated States (such as the States of Colorado and
Nebraska), as determined by the Secretary;
``(ii) carry out research, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research, on the marketability of the existing limited
irrigation insurance program; and
``(iii) make recommendations on how to improve
participation in that program.
``(B) Research.--In carrying out research under
subparagraph (A), a qualified person shall--
``(i) collaborate with researchers on the subjects of--
``(I) reduced irrigation practices or limited irrigation
practices; and
``(II) expected yield reductions following the application
of reduced irrigation;
``(ii) collaborate with State and Federal officials
responsible for the collection of water and the regulation of
water use for the purpose of irrigation;
``(iii) provide recommendations to encourage producers to
carry out limited irrigation practices or reduced irrigation
and water conservation practices; and
``(iv) develop web-based applications that will streamline
access to coverage for producers electing to conserve water
use on irrigated crops.
``(C) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research carried out under
subparagraphs (A) and (B);
``(ii) any recommendations to encourage producers to carry
out limited irrigation practices or reduced irrigation and
water conservation practices; and
``(iii) the actions taken by the Corporation to carry out
the recommendations described in clause (ii).
``(16) Insurable irrigation practices for rice.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, to include new and innovative irrigation
practices under the current rice policy or the development of
a distinct policy endorsement rated for rice produced using--
``(i) alternate wetting and drying practices (also referred
to as `intermittent flooding'); and
``(ii) furrow irrigation practices.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under paragraph (1); and
``(ii) any recommendations with respect to those results.
``(17) Greenhouse policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into 1
or more contracts with 1 or more qualified persons to carry
out research and development, regarding a policy to insure in
a controlled environment such as a greenhouse--
``(I) the production of floriculture, nursery, and bedding
plants;
``(II) the establishment of cuttings or tissue culture in a
growing medium; or
``(III) other similar production, as determined by the
Secretary.
``(ii) Availability of policy.--Notwithstanding the last
sentence of section 508(a)(1), and section 508(a)(2), the
Corporation shall make a policy described in clause (i)
available if the requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate
the effectiveness of policies for the production of plants in
a controlled environment, including policies that--
``(i) are based on the risk of--
``(I) plant diseases introduced from the environment;
``(II) contaminated cuttings, seedlings, or tissue culture;
or
``(III) Federal or State quarantine or destruction orders
associated with the contaminated items described in subclause
(II);
``(ii) consider other causes of loss applicable to a
controlled environment, such as a loss of electricity due to
weather;
``(iii) consider appropriate best practices to minimize the
risk of loss;
``(iv) consider whether to provide coverage for various
types of plants under 1 policy or to provide coverage for 1
species or type of plant per policy;
``(v) have streamlined reporting and paperwork requirements
that take into account short propagation schedules, variable
crop years, and the variety of plants that may be produced in
a single facility; and
``(vi) provide protection for revenue losses.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraphs (A)(i) and (B); and
``(ii) any recommendations with respect to those results.
``(18) Local foods.--
``(A) In general.--
``(i) Feasibility study.--The Corporation shall carry out a
study to determine the feasibility of, or offer to enter into
1 or more contracts with 1 or more qualified persons to carry
out a study to determine the feasibility of, a policy to
insure production--
``(I) of floriculture, fruits, vegetables, poultry,
livestock, or the products of floriculture, fruits,
vegetables, poultry, or livestock; and
``(II) that is targeted toward local consumers and markets.
``(ii) Availability of policy.--Notwithstanding the last
sentence of section 508(a)(1), and section 508(a)(2), the
Corporation shall make available a policy described in clause
(i) if--
``(I) the results of the feasibility study under clause (i)
are viable; and
``(II) the requirements of section 508(h) are met.
``(B) Feasibility study described.--The feasibility study
described in subparagraph (A)(i) shall evaluate the
effectiveness of policies for production targeted toward
local consumers and markets, including policies that--
``(i) consider small-scale production in various areas,
including urban, suburban, and rural areas;
``(ii) consider a variety of marketing strategies;
``(iii) allow for production in soil and in alternative
systems such as vertical systems, greenhouses, rooftops, or
hydroponic systems;
``(iv) consider the price premium when accounting for
production or revenue losses;
``(v) consider whether to provide coverage--
``(I) for various types of production under 1 policy; and
``(II) for 1 species or type of plant per policy; and
``(vi) have streamlined reporting and paperwork
requirements.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
``(i) examines whether a version of existing policies such
as the whole-farm revenue protection insurance plan may be
tailored to provide improved coverage for producers of local
foods;
``(ii) describes the results of the feasibility study
carried out under subparagraph (A)(i); and
``(iii) includes any recommendations with respect to those
results.
``(19) High-risk, highly productive batture land policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into 1
or more contracts with 1 or more qualified persons to carry
out research and development, regarding a policy to insure
producers of corn, cotton, and soybeans--
``(I) with operations on highly productive batture land
within the Lower Mississippi River Valley;
``(II) that have a history of production of not less than 5
years; and
``(III) that have been impacted by more frequent flooding
over the past 10 years due to sedimentation or federally
constructed engineering improvements.
``(ii) Availability of policy.--Notwithstanding the last
sentence of section 508(a)(1), and section 508(a)(2), the
Corporation shall make a policy described in clause (i)
available if the requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate
the feasibility of less cost-prohibitive policies for
batture-land producers in high risk areas, including policies
that--
``(i) consider premium rate adjustments;
``(ii) consider automatic yield exclusion for consecutive-
year losses; and
``(iii) allow for flexibility of final plant dates and
prevent plant regulations.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
``(i) examines whether a version of existing policies may
be tailored to provide improved coverage for batture-land
producers;
``(ii) describes the results of the research and
development carried out under subparagraphs (A) and (B); and
``(iii) includes any recommendations with respect to those
results.''.
SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522(e)(2)(A) of the Federal Crop Insurance Act (7
U.S.C. 1522(e)(2)(A)) is amended--
(1) by striking ``not more than $12,500,000 for fiscal year
2008 and each subsequent fiscal year.'' and inserting the
following: ``not more than--
``(i) $12,500,000 for each of fiscal years 2008 through
2018; and''; and
(2) by adding at the end the following:
``(ii) $8,000,000 for fiscal year 2019 and each fiscal year
thereafter.''.
SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS.
Section 523(i)(3)(A) of the Federal Crop Insurance Act (7
U.S.C. 1523(i)(3)(A)) is amended by adding a period at the
end.
[[Page H9935]]
SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
(a) Education Assistance.--Section 524(a) of the Federal
Crop Insurance Act (7 U.S.C. 1524(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (5)'' and all that follows through ``the
Secretary'' in subparagraph (B) and inserting ``paragraph
(4), the Secretary''; and
(B) by striking ``paragraph (3)'' and inserting ``paragraph
(2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(4) in paragraph (2) (as so redesignated), in subparagraph
(A)--
(A) by striking ``about the full range of'' and inserting
``and providing technical assistance to agricultural
producers on a full range of farm viability and'';
(B) by inserting ``business planning, enterprise analysis,
transfer and succession planning, management coaching, market
assessment, cash flow analysis,'' after ``insurance,''; and
(C) by inserting ``conservation activities,'' after
``benchmarking,'';
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``programs established under paragraphs (2)
and (3)'' and inserting ``program established under paragraph
(2)'';
(ii) by inserting ``farm viability and'' after ``emphasis
on''; and
(iii) by inserting ``, business planning and technical
assistance, market assessment, transfer and succession
planning, and crop insurance participation'' after
``benchmarking'';
(B) in subparagraph (D)(i), by striking ``and'' at the end;
and
(C) by striking subparagraph (E) and inserting the
following:
``(iii) are converting production and marketing systems to
pursue new markets; and
``(E) producers that are underserved by the Federal crop
insurance program established under this subtitle, as
determined by the Corporation.''; and
(6) in paragraph (4) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``transferred'' and all that follows through ``for the
partnerships'' in subparagraph (B) and inserting
``transferred for the partnerships'';
(B) by striking ``paragraph (3), $5,000,000 for fiscal year
2001'' and inserting ``paragraph (2), $10,000,000 for fiscal
year 2019''; and
(C) by striking the period at the end and inserting ``, of
which not less than $5,000,000 shall be used to carry out
paragraph (3)(E).''.
(b) Conforming Amendments.--Section 251(f)(1)(D)(ii) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(D)(ii)) is amended--
(1) by striking ``section 524(a)(3)'' and inserting
``section 524(a)''; and
(2) by striking ``(7 U.S.C. 1524(a)(3))'' and inserting
``(7 U.S.C. 1524(a))''.
SEC. 11126. REPEAL OF CROPLAND REPORT ANNUAL UPDATES.
Section 11014 of the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 963) is amended by striking subsection (c).
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. ANIMAL DISEASE PREVENTION AND MANAGEMENT.
(a) Definition.--Section 10403 of the Animal Health
Protection Act (7 U.S.C. 8302) is amended by adding at the
end the following:
``(18) Veterinary countermeasure.--The term `veterinary
countermeasure' means any biological product (including an
animal vaccine or diagnostic), pharmaceutical product
(including a therapeutic), non-pharmaceutical product
(including a disinfectant), or other product or equipment to
prevent, detect, respond to, or mitigate harm to public or
animal health resulting from, animal pests or diseases.''.
(b) Animal Disease Preparedness and Response.--Section
10409A of the Animal Health Protection Act (7 U.S.C. 8308A)
is amended--
(1) by striking the section heading and inserting ``animal
disease prevention and management'';
(2) in subsection (a), by striking ``(a) Definition of
Eligible Laboratory.--In this section,'' and inserting the
following:
``(a) National Animal Health Laboratory Network.--
``(1) Definition of eligible laboratory.--In this
subsection,'';
(3) in subsection (b)--
(A) in paragraph (2), by redesignating subparagraphs (A)
through (E) as clauses (i) through (v), respectively, and
moving the margins of such clauses (as so redesignated) 2 ems
to the right;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving the
margins of such subparagraphs (as so redesignated) 2 ems to
the right;
(4) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively, and moving the margins of such
paragraphs (as so redesignated) 2 ems to the right; and
(5) by adding at the end the following:
``(b) National Animal Disease Preparedness and Response
Program.--
``(1) Program required.--The Secretary shall establish a
program, to be known as the National Animal Disease
Preparedness and Response Program (referred to in this
section as `the Program'), to address the increasing risk of
the introduction and spread within the United States of
animal pests and diseases affecting the economic interests of
the livestock and related industries of the United States,
including the maintenance and expansion of export markets.
``(2) Program activities.--Activities under the Program
shall include, to the extent practicable, the following:
``(A) Enhancing animal pest and disease analysis and
surveillance.
``(B) Expanding outreach and education.
``(C) Targeting domestic inspection activities at
vulnerable points in the safeguarding continuum.
``(D) Enhancing and strengthening threat identification
technology.
``(E) Improving biosecurity.
``(F) Enhancing emergency preparedness and response
capabilities, including training additional emergency
response personnel.
``(G) Conducting technology development to enhance
electronic sharing of animal health data for risk analysis
between State and Federal animal health officials.
``(H) Enhancing the development and effectiveness of animal
health technologies to treat and prevent animal disease,
including--
``(i) veterinary biologics and diagnostics;
``(ii) animal drugs for minor uses and minor species;
``(iii) animal medical devices; and
``(iv) emerging veterinary countermeasures.
``(I) Such other activities as determined appropriate by
the Secretary, in consultation with eligible entities
specified in paragraph (3).
``(3) Eligible entities.--To carry out the Program, the
Secretary shall offer to enter into cooperative agreements or
other legal instruments, as authorized under section 10413
(referred to in this section as `agreements') with eligible
entities, to be selected by the Secretary, which may include
any of the following entities, either individually or in
combination:
``(A) A State department of agriculture.
``(B) The office of the chief animal health official of a
State.
``(C) An entity eligible to receive funds under a capacity
and infrastructure program (as defined in section
251(f)(1)(C) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6971(f)(1)(C))).
``(D) A college of veterinary medicine, including a
veterinary emergency team at such college.
``(E) A State or national livestock producer organization
with direct and significant economic interest in livestock
production.
``(F) A State emergency agency.
``(G) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
``(H) An Indian Tribe.
``(I) A Federal agency.
``(4) Special funding considerations.--In entering into
agreements under this subsection, the Secretary shall give
priority to applications submitted by--
``(A) a State department of agriculture or an office of the
chief animal health official of a State; or
``(B) an eligible entity that will carry out program
activities in a State or region in which--
``(i) an animal pest or disease is a Federal concern; or
``(ii) the Secretary determines a potential exists for the
spread of an animal pest or disease after taking into
consideration--
``(I) the agricultural industries in the State or region;
``(II) factors contributing to animal pest or disease in
the State or region, such as the climate, natural resources,
and geography of, and native and exotic wildlife species and
other disease vectors in, the State or region; and
``(III) the movement of animals in the State or region.
``(5) Consultation.--For purposes of setting priorities
under this subsection, the Secretary shall consult with
eligible entities specified in paragraph (3). The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
consultation carried out under this paragraph.
``(6) Application.--
``(A) In general.--An eligible entity specified in
paragraph (3) seeking to enter into an agreement under the
Program shall submit to the Secretary an application
containing such information as the Secretary may require.
``(B) Notification.--The Secretary shall notify each
applicant of--
``(i) the requirements to be imposed on the eligible entity
that is the recipient of funds under the Program for auditing
of, and reporting on, the use of such funds; and
``(ii) the criteria to be used to ensure activities
supported using such funds are based on sound scientific data
or thorough risk assessments.
``(C) Non-federal contributions.--When deciding whether to
enter into an agreement under the Program with an eligible
entity described in paragraph (3), the Secretary--
``(i) may take into consideration an eligible entity's
ability to contribute non-Federal funds to carry out such an
agreement; and
``(ii) shall not require such an eligible entity to make
such a contribution as a condition to enter into an
agreement.
``(7) Use of funds.--
``(A) Use consistent with terms of cooperative agreement.--
The recipient of funds under the Program shall use the funds
for the purposes and in the manner provided in the agreement
under which the funds are provided.
``(B) Sub-agreement.--Nothing in this section prevents an
eligible entity from using funds received under the Program
to enter into sub-agreements with another eligible entity or
with a political subdivision of a State that has legal
responsibilities relating to animal disease prevention,
surveillance, or rapid response.
``(8) Reporting requirement.--Not later than 90 days after
the date of completion of an activity conducted using funds
provided under the Program, the recipient of such funds shall
submit to the Secretary a report that describes the purposes
and results of the activities.''.
(c) National Animal Vaccine and Veterinary Countermeasures
Bank.--Section 10409A
[[Page H9936]]
of the Animal Health Protection Act (7 U.S.C. 8308A), as
amended by subsection (b), is further amended by inserting
after subsection (b) (as added by subsection (b)(5) of this
section) the following:
``(c) National Animal Vaccine Bank.--
``(1) Establishment.--The Secretary shall establish a
national animal vaccine and veterinary countermeasures bank
(to be known as the National Animal Vaccine and Veterinary
Countermeasures Bank and referred to in this subsection as
the `Vaccine Bank') to benefit the domestic interests of the
United States.
``(2) Elements of vaccine bank.--Through the Vaccine Bank,
the Secretary shall--
``(A) maintain sufficient quantities of veterinary
countermeasures to appropriately and rapidly respond to the
most damaging animal diseases affecting or with potential to
affect human health or the economy of the United States; and
``(B) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the management,
storage, and distribution of the National Veterinary
Stockpile.
``(3) Priority for response to foot and mouth disease.--The
Secretary shall prioritize the acquisition and maintenance of
sufficient quantities of foot and mouth disease vaccine and
accompanying diagnostic products for the Vaccine Bank. As
part of such prioritization, the Secretary may offer to enter
into one or more contracts with one or more entities that are
capable of producing foot and mouth disease vaccine and that
have surge production capacity of the vaccine.''.
(d) Funding.--Section 10409A of the Animal Health
Protection Act (7 U.S.C. 8308A), as amended by subsections
(b) and (c), is further amended by striking subsection (d)
and inserting the following:
``(d) Funding.--
``(1) Mandatory funding.--
``(A) Fiscal years 2019 through 2022.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $120,000,000 for the
period of fiscal years 2019 through 2022, of which not less
than $5,000,000 shall be made available for each of those
fiscal years to carry out subsection (b).
``(B) Subsequent fiscal years.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $30,000,000 for fiscal
year 2023 and each fiscal year thereafter, of which not less
than $18,000,000 shall be made available for each of those
fiscal years to carry out subsection (b).
``(2) Authorization of appropriations.--
``(A) National animal health laboratory network.--In
addition to the funds made available under paragraph (1),
there is authorized to be appropriated $30,000,000 for each
of fiscal years 2019 through 2023 to carry out subsection
(a).
``(B) National animal disease preparedness and response
program; national animal vaccine and veterinary
countermeasures bank.--In addition to the funds made
available under paragraph (1), there is authorized to be
appropriated such sums as are necessary for each of fiscal
years 2019 through 2023 to carry out subsections (b) and (c).
``(C) Additionality.--The funds authorized for
appropriation under this paragraph are in addition to any
funds authorized or otherwise made available under this
section or section 10417.
``(3) Administrative costs.--
``(A) Secretary.--Of the funds made available under this
section or section 10417 to carry out the National Animal
Health Laboratory Network under subsection (a) and the
National Animal Disease Preparedness and Response Program
under subsection (b), not more than 4 percent may be retained
by the Secretary to pay administrative costs incurred by the
Secretary.
``(B) Eligible entities.--Of the funds made available under
this section or section 10417 to carry out the National
Animal Disease Preparedness and Response Program under
subsection (b), not more than 10 percent may be retained by
an eligible entity that receives funds under any agreement
entered into under such subsection, including any sub-
agreement under paragraph (7)(B) of such subsection to pay
administrative costs incurred by the eligible entity to carry
out activities under the Program.
``(4) Duration of availability.--Funds made available under
this subsection, including any proceeds credited under
paragraph (5), shall remain available until expended.
``(5) Proceeds from veterinary countermeasures sales.--Any
proceeds of a sale of veterinary countermeasures from the
Vaccine Bank shall be--
``(A) deposited into the Treasury of the United States; and
``(B) credited to the account for the operation of the
Vaccine Bank to be made available for expenditure without
further appropriation.
``(6) Limitations on use of funds for certain purposes.--
Funds made available under the National Animal Health
Laboratory Network, the National Animal Disease Preparedness
and Response Program, and the Vaccine Bank shall not be used
for the construction of a new building or facility or the
acquisition or expansion of an existing building or facility,
including site grading and improvement and architect fees.
``(e) Availability and Purpose of Funding.--
``(1) In general.--Using the funds made available under
subsection (d), the Secretary of Agriculture shall offer to
enter into contracts, grants, cooperative agreements, or
other legal instruments under subsections (a) through (c)
during each of the fiscal years 2019 through 2023.
``(2) Effect.--Nothing in paragraph (1) shall be construed
to terminate a contract, grant, cooperative agreement, or
other legal instrument entered into during the period
specified in such paragraph.''.
SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
Section 209(c) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a(c)) is amended by striking ``$1,500,000 for
fiscal year 2014'' and inserting ``$2,000,000 for fiscal year
2019''.
SEC. 12103. FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY
TRUST.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of establishing a livestock dealer
statutory trust.
(b) Contents.--The study conducted under subsection (a)
shall--
(1) analyze how the establishment of a livestock dealer
statutory trust would affect buyer and seller behavior in
markets for livestock (as defined in section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182));
(2) examine how the establishment of a livestock dealer
statutory trust would affect seller recovery in the event of
a livestock dealer payment default;
(3) consider what potential effects a livestock dealer
statutory trust would have on credit availability, including
impacts on lenders and lending behavior and other industry
participants;
(4) examine unique circumstances common to livestock
dealers and how those circumstances could impact the
functionality of a livestock dealer statutory trust;
(5) study the feasibility of the industry-wide adoption of
electronic funds transfer or another expeditious method of
payment to provide sellers of livestock protection from
nonsufficient funds payments;
(6) assess the effectiveness of statutory trusts in other
segments of agriculture, whether similar effects could be
experienced under a livestock dealer statutory trust, and
whether authorizing the Secretary to appoint an independent
trustee under the livestock dealer statutory trust would
improve seller recovery;
(7) consider the effects of exempting dealers with average
annual purchases under a de minimis threshold from being
subject to the livestock dealer statutory trust; and
(8) analyze how the establishment of a livestock dealer
statutory trust would affect the treatment of sellers of
livestock as it relates to preferential transfer in
bankruptcy.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the findings of the study
conducted under subsection (a).
SEC. 12104. DEFINITION OF LIVESTOCK.
Section 602(2) of the Emergency Livestock Feed Assistance
Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter
preceding subparagraph (A) by striking ``fish'' and all that
follows through ``that--'' and inserting ``llamas, alpacas,
live fish, crawfish, and other animals that--''.
SEC. 12105. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8322) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 12106. VETERINARY TRAINING.
Section 10504 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8318) is amended--
(1) by inserting ``and veterinary teams, including those
based at colleges of veterinary medicine,'' after
``veterinarians''; and
(2) by inserting before the period at the end the
following: ``and who are capable of providing effective
services before, during, and after emergencies''.
SEC. 12107. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL
MEAT PROCESSORS.
(a) In General.--The Secretary shall offer to enter into a
contract with a land-grant college or university or a non-
land-grant college of agriculture (as those terms are defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101))
to review the effectiveness of existing Food Safety and
Inspection Service guidance materials and other tools used by
small and very small establishments, as defined by
regulations issued by the Food Safety and Inspection Service,
operating under Federal inspection, as in effect on the date
of enactment of this Act, including--
(1) the effectiveness of the outreach conducted by the Food
Safety and Inspection Service to small and very small
establishments;
(2) the effectiveness of the guidance materials and other
tools used by the Food Safety and Inspection Service to
assist small and very small establishments; and
(3) the responsiveness of Food Safety and Inspection
Service personnel to inquiries and issues from small and very
small establishments.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes--
(1) the results of the review conducted under subsection
(a); and
(2) recommendations on measures the Food Safety and
Inspection Service should take to improve regulatory clarity
and consistency and ensure all guidance materials and other
tools take into account small and very small establishments.
SEC. 12108. REGIONAL CATTLE AND CARCASS GRADING CORRELATION
AND TRAINING CENTERS.
(a) In General.--The Secretary shall establish not more
than 3 regional centers, to be
[[Page H9937]]
known as Cattle and Carcass Grading Correlation and Training
Centers (referred to in this section as the ``Centers''), to
provide education and training for cattle and carcass beef
graders of the Agricultural Marketing Service, cattle
producers, and other professionals involved in the reporting,
delivery, and grading of feeder cattle, live cattle, and
carcasses--
(1) to limit the subjectivity in the application of beef
grading standards;
(2) to provide producers with greater confidence in the
price of the producers' cattle; and
(3) to provide investors with both long and short positions
more assurance in the cattle delivery system.
(b) Location.--The Centers shall be located near cattle
feeding and slaughter populations and areas shall be
strategically identified in order to capture regional
variances in cattle production.
(c) Administration.--Each Center shall be organized and
administered by offices of the Department of Agriculture in
operation on the date on which the respective Center is
established, or in coordination with other appropriate
Federal agencies or academic institutions.
(d) Training Program.--The Centers shall offer intensive
instructional programs involving classroom and field training
work for individuals described in subsection (a).
(e) Coordination of Resources.--Each Center, in carrying
out the functions of the Center, shall make use of
information generated by the Department of Agriculture, the
State agricultural extension and research stations, relevant
designated contract markets, and the practical experience of
area cattle producers, especially cattle producers
cooperating in on-farm demonstrations, correlations, and
research projects.
(f) Prohibition on Construction.--Funds made available to
carry out this section shall not be used for the construction
of a new building or facility or the acquisition, expansion,
remodeling, or alteration of an existing building or facility
(including site grading and improvement, and architect fees).
Notwithstanding the preceding sentence, the Secretary may use
funds made available to carry out this section to provide a
Center with payment for the cost of the rental of a space
determined to be necessary by the Center for conducting
training under this section and may accept donations
(including in-kind contributions) to cover such cost.
Subtitle B--Agriculture and Food Defense
SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.
Section 14111 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6911 et seq.) is amended by adding at
the end the following:
``SEC. 221. OFFICE OF HOMELAND SECURITY.
``(a) Definition of Agriculture and Food Defense.--In this
section, the term `agriculture and food defense' means any
action to prevent, protect against, mitigate the effects of,
respond to, or recover from a naturally occurring,
unintentional, or intentional threat to the agriculture and
food system.
``(b) Authorization.--The Secretary shall establish in the
Department the Office of Homeland Security.
``(c) Executive Director.--The Office of Homeland Security
shall be headed by an Executive Director, who shall be known
as the Executive Director of Homeland Security.
``(d) Duties.--The Executive Director of Homeland Security
shall--
``(1) serve as the principal advisor to the Secretary on
homeland security, including emergency management and
agriculture and food defense;
``(2) coordinate activities of the Department, including
policies, processes, budget needs, and oversight relating to
homeland security, including emergency management and
agriculture and food defense;
``(3) act as the primary liaison on behalf of the
Department with other Federal departments and agencies in
activities relating to homeland security, including emergency
management and agriculture and food defense, and provide for
interagency coordination and data sharing;
``(4)(A) coordinate in the Department the gathering of
information relevant to early warning and awareness of
threats and risks to the food and agriculture critical
infrastructure sector; and
``(B) share that information with, and provide assistance
with interpretation and risk characterization of that
information to, the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)), law enforcement agencies, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of Health
and Human Services, and State fusion centers (as defined in
section 210A(j) of the Homeland Security Act of 2002 (6
U.S.C. 124h(j));
``(5) liaise with the Director of National Intelligence to
assist in the development of periodic assessments and
intelligence estimates, or other intelligence products, that
support the defense of the food and agriculture critical
infrastructure sector;
``(6) coordinate the conduct, evaluation, and improvement
of exercises to identify and eliminate gaps in preparedness
and response;
``(7) produce a Department-wide centralized strategic
coordination plan to provide a high-level perspective of the
operations of the Department relating to homeland security,
including emergency management and agriculture and food
defense; and
``(8) carry out other appropriate duties, as determined by
the Secretary.
``(e) Agriculture and Food Threat Awareness Partnership
Program.--
``(1) Interagency exchange program.--The Secretary, in
partnership with the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) and fusion centers (as defined in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that
have analysis and intelligence capabilities relating to the
defense of the food and agriculture critical infrastructure
sector, shall establish and carry out an interagency exchange
program of personnel and information to improve communication
and analysis for the defense of the food and agriculture
critical infrastructure sector.
``(2) Collaboration with federal, state, and local
authorities.--To carry out the program established under
paragraph (1), the Secretary may--
``(A) enter into 1 or more cooperative agreements or
contracts with Federal, State, or local authorities that have
analysis and intelligence capabilities and expertise relating
to the defense of the food and agriculture critical
infrastructure sector; and
``(B) carry out any other activity under any other
authority of the Secretary that is appropriate to engage the
authorities described in subparagraph (A) for the defense of
the food and agriculture critical infrastructure sector, as
determined by the Secretary.''.
SEC. 12203. AGRICULTURE AND FOOD DEFENSE.
(a) Definitions.--In this section:
(1) Animal.--The term ``animal'' has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(2) Disease or pest of concern.--The term ``disease or pest
of concern'' means a plant or animal disease or pest that--
(A) is--
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food and
agriculture critical infrastructure sector that warrants
efforts at prevention, protection, mitigation, response, and
recovery.
(3) Established disease.--The term ``established disease''
means a plant or animal disease or pest that--
(A)(i) if it becomes established, poses an imminent threat
to agriculture in the United States; or
(ii) has become established, as defined by the Secretary,
within the United States; and
(B) requires management.
(4) High-consequence plant transboundary disease.--The term
``high-consequence plant transboundary disease'' means a
transboundary disease that is--
(A)(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) Pest.--The term ``pest''--
(A) with respect to a plant, has the meaning given the term
``plant pest'' in section 403 of the Plant Protection Act (7
U.S.C. 7702); and
(B) with respect to an animal, has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(6) Plant.--The term ``plant'' has the meaning given the
term in section 403 of the Plant Protection Act (7 U.S.C.
7702).
(7) Plant health management strategy.--The term ``plant
health management strategy'' means a strategy to timely
control and eradicate a plant disease or plant pest outbreak,
including through mitigation (such as chemical control),
surveillance, the use of diagnostic products and procedures,
and the use of existing resistant seed stock.
(8) Transboundary disease.--
(A) In general.--The term ``transboundary disease'' means a
plant or animal disease or pest that is within 1 or more
countries outside of the United States.
(B) Inclusion.--The term ``transboundary disease'' includes
a plant or animal disease or pest described in subparagraph
(A) that--
(i) has emerged within the United States; or
(ii) has been introduced within the United States.
(9) Veterinary countermeasure.--The term ``veterinary
countermeasure'' has the meaning given such term in section
10403 of the Animal Health Protection Act (7 U.S.C. 8302).
(b) Disease or Pest of Concern Response Planning.--
(1) In general.--The Secretary shall--
(A) establish a list of diseases or pests of concern by--
(i) developing a process to solicit and receive expert
opinion and evidence relating to the diseases or pests of
concern entered on the list; and
(ii) reviewing all available evidence relating to the
diseases or pests of concern entered on the list, including
classified information; and
(B) periodically update the list established under
subparagraph (A).
(2) Response plans.--
(A) Comprehensive strategic response plan or plans.--The
Secretary shall develop, in collaboration with appropriate
Federal, State, regional, and local officials, a
comprehensive strategic response plan or plans, as
appropriate, for the diseases or pests of concern that are
entered on the list established under paragraph (1).
(B) State or region response plan or plans.--The Secretary
shall provide information to a State or region to assist in
producing a response plan or plans that shall include a
concept of operations for a disease or pest of concern or a
platform concept of operations for responses to similar
diseases or pests of concern that are determined to be a
priority to the State or region that shall, as appropriate--
(i) describe the appropriate interactions among, and roles
of--
(I) Federal, State, Tribal, and units of local government;
and
(II) plant or animal industry partners;
(ii) include a decision matrix or dynamic decision modeling
tools that, as appropriate, include--
[[Page H9938]]
(I) information and timing requirements necessary for the
use of veterinary countermeasures;
(II) plant health management strategies;
(III) deployment of other key materials and resources; and
(IV) parameters for transitioning from outbreak response to
disease management;
(iii) identify key response performance metrics to
establish--
(I) benchmarking to provide assessments of capabilities,
capacity, and readiness to achieve response goals and
objectives;
(II) progressive exercise evaluation; and
(III) continuing improvement of a response plan, including
by providing for--
(aa) ongoing exercises;
(bb) improvement planning and the implementation of
corrective actions to enhance a response plan over time; and
(cc) strategic information to guide investment in any
appropriate research to mitigate the risk of a disease or
pest of concern; and
(iv) be updated periodically, including in response to--
(I) an exercise evaluation; or
(II) new risk information becoming available regarding a
disease or pest of concern.
(3) Coordination of plans.--Pursuant to section 221(d)(6)
of the Department of Agriculture Reorganization Act of 1994,
as added by section 12202, the Secretary shall, as
appropriate, assist in coordinating with other appropriate
Federal, State, regional, or local officials in the
exercising of the plans developed under paragraph (2).
(c) National Plant Diagnostic Network.--
(1) In general.--The Secretary shall establish in the
Department of Agriculture a National Plant Diagnostic Network
to monitor and surveil through diagnostics threats to plant
health from diseases or pests of concern in the United
States.
(2) Requirements.--The National Plant Diagnostic Network
established under paragraph (1) shall--
(A) provide for increased awareness, surveillance, early
identification, rapid communication, warning, and diagnosis
of a threat to plant health from a disease or pest of concern
to protect natural and agricultural plant resources;
(B) coordinate and collaborate with agencies of the
Department of Agriculture and State agencies and authorities
involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United States
that provide expertise, leadership, and support to diagnostic
labs relating to the agricultural crops and plants in the
covered regions of those hubs; and
(E) establish a national repository for records of endemic
or emergent diseases and pests of concern.
(3) Head of network.--
(A) In general.--The Director of the National Institute of
Food and Agriculture shall serve as the head of the National
Plant Diagnostic Network.
(B) Duties.--The head of the National Plant Diagnostic
Network shall--
(i) coordinate and collaborate with land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) in carrying out the requirements under
paragraph (2), including through cooperative agreements
described in paragraph (4);
(ii) partner with the Administrator of the Animal and Plant
Health Inspection Service for assistance with plant health
regulation and inspection; and
(iii) coordinate with other Federal agencies, as
appropriate, in carrying out activities relating to the
National Plant Diagnostic Network, including the sharing of
biosurveillance information.
(4) Collaboration with land-grant colleges and
universities.--The Secretary shall seek to establish
cooperative agreements with land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) that have the appropriate level of
skill, experience, and competence with plant diseases or
pests of concern.
(5) Authorization of appropriations.--In addition to the
amount authorized to carry out this subtitle under section
12205, there is authorized to be appropriated to carry out
this subsection $15,000,000 for each of fiscal years 2019
through 2023.
(d) National Plant Disease Recovery System.--
(1) Recovery system.--The Secretary shall establish in the
Department of Agriculture a National Plant Disease Recovery
System to engage in strategic long-range planning to recover
from high-consequence plant transboundary diseases.
(2) Requirements.--The National Plant Disease Recovery
System established under paragraph (1) shall--
(A) coordinate with disease or pest of concern concept of
operations response plans;
(B) make long-range plans for the initiation of future
research projects relating to high-consequence plant
transboundary diseases;
(C) establish research plans for long-term recovery;
(D) plan for the identification and use of specific
genotypes, cultivars, breeding lines, and other disease-
resistant materials necessary for crop stabilization or
improvement; and
(E) establish a watch list of high-consequence plant
transboundary diseases for the purpose of making long-range
plans under subparagraph (B).
SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is
amended--
(1) in subclause (III), by striking ``and'' at the end;
(2) by redesignating subclause (IV) as subclause (V); and
(3) by inserting after subclause (III) the following:
``(IV)(aa) whether such inclusion would have a substantial
negative impact on the research and development of solutions
for the animal or plant disease caused by the agent or toxin;
and
``(bb) whether the negative impact described in item (aa)
would substantially outweigh the risk posed by the agent or
toxin to animal or plant health if it is not included on the
list; and''.
SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts made available under this
subtitle, there is authorized to be appropriated to carry out
this subtitle $5,000,000 for each of fiscal years 2019
through 2023.
Subtitle C--Historically Underserved Producers
SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a) Repeal.--
(1) In general.--Section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) Conforming amendments.--
(A) Section 226B(e)(2)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B)) is
amended by striking ``the beginning farmer and rancher
development program established under section 7405 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3319f).'' and inserting ``the beginning farmer and rancher
development grant program established under subsection (d) of
section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279).''.
(B) Section 251(f)(1)(D) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is
amended by striking clause (iv) and inserting the following:
``(iv) The beginning farmer and rancher development grant
program established under subsection (d) of section 2501 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279).''.
(C) Section 7506(e) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7614c(e)) is amended--
(i) in paragraph (2)(C)--
(I) by striking clause (v);
(II) by redesignating clauses (i) through (iv) as clauses
(ii) through (v), respectively;
(III) by inserting before clause (ii) (as so redesignated)
the following:
``(i) each grant and cooperative agreement awarded under
subsection (d) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279);'';
(IV) in clause (ii) (as so redesignated), by striking
``450i(b)(2));'' and inserting ``3157(b)(2));''; and
(V) in clause (iv) (as so redesignated), by adding ``and''
at the end; and
(ii) in paragraph (4)--
(I) by striking subparagraph (E);
(II) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(III) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);'';
(IV) in subparagraph (B) (as so redesignated), by striking
``450i(b));'' and inserting ``3157(b));'';
(V) in subparagraph (D) (as so redesignated), by adding
``or'' at the end; and
(VI) in subparagraph (E) (as so redesignated), by striking
``; or'' and inserting a period.
(b) Outreach and Education for Socially Disadvantaged
Farmers and Ranchers, Veteran Farmers and Ranchers, and
Beginning Farmers and Ranchers.--Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended--
(1) by striking the section heading and inserting ``farming
opportunities training and outreach'';
(2) by redesignating subsection (i) as paragraph (5) (and
moving the margins of such paragraph 2 ems to the right) and
moving such paragraph (as so redesignated) so as to follow
subsection (a)(4);
(3) by redesignating subsections (a) (as amended by
paragraph (2)), (b), (c), (d), (e), (g), and (h) as
subsections (c), (g), (k), (h), (a), (i), and (j),
respectively, and moving the subsections so as to appear in
alphabetical order;
(4) by moving paragraph (5) of subsection (a) (as so
redesignated) so as to appear at the end of subsection (c)
(as so redesignated) and redesignating such paragraph as
paragraph (6);
(5) in subsection (a) (as so redesignated)--
(A) by striking the subsection designation and heading and
inserting the following:
``(a) Definitions.--In this section:'';
(B) by redesignating paragraphs (1), (2), (3), (4), and (6)
as paragraphs (6), (5), (1), (3), and (4), respectively, and
moving the paragraphs so as to appear in numerical order;
(C) in paragraphs (1), (5), and (6) (as so redesignated),
by striking ``As used in this section, the'' each place it
appears and inserting ``The'';
(D) in paragraph (1) (as so redesignated)--
(i) in the paragraph heading, by striking ``agriculture''
and inserting ``agricultural''; and
(ii) in the matter preceding subparagraph (A), by striking
``agriculture'' and inserting ``agricultural''; and
(E) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
[[Page H9939]]
``(ii) has operated a farm or ranch for not more than 10
years; and
``(B) meets such other criteria as the Secretary may
establish.'';
(6) by inserting after subsection (a) (as so redesignated)
the following:
``(b) Farming Opportunities Training and Outreach.--The
Secretary shall carry out this section to encourage and
assist socially disadvantaged farmers and ranchers, veteran
farmers and ranchers, and beginning farmers and ranchers in
the ownership and operation of farms and ranches through--
``(1) education and training; and
``(2) equitable participation in all agricultural programs
of the Department.'';
(7) in subsection (c) (as so redesignated and as amended by
paragraph (4))--
(A) in the subsection heading, by inserting ``for Socially
Disadvantaged and Veteran Farmers and Ranchers'' after
``Assistance'';
(B) by striking paragraph (4);
(C) by redesignating paragraphs (1), (2), (3), and (6) as
paragraphs (2), (3), (4), and (1), respectively, and moving
the paragraphs so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``The term'' and inserting ``In this subsection, the term'';
(ii) in subparagraph (A)(ii), by striking ``subsection
(a)'' and inserting ``this subsection''; and
(iii) in subparagraph (F), by striking ``450b))'' and
inserting ``5304))'';
(E) in paragraph (2) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``The Secretary of Agriculture shall carry out'' and
inserting ``Using funds made available under subsection (l),
the Secretary of Agriculture shall, for the period of fiscal
years 2019 through 2023, carry out''; and
(ii) in subparagraph (B), by striking ``agricultural'' and
inserting ``agricultural, forestry, and related'';
(iii) by striking ``agricultural'' and inserting
``agricultural, forestry, and related'';
(F) in paragraph (3) (as so redesignated), by striking
``(1)'' in the matter preceding subparagraph (A) and
inserting ``(2)''; and
(G) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking the subparagraph heading and inserting
``Outreach and technical assistance.--'';
(II) by striking ``(2)'' and inserting ``(3)''; and
(III) by inserting ``to socially disadvantaged farmers and
ranchers and veteran farmers and ranchers'' after
``assistance'';
(ii) in subparagraph (C), by striking ``(1)'' and inserting
``(2)'';
(iii) in subparagraph (D), by adding at the end the
following:
``(v) The number of farms or ranches started, maintained,
or improved as a result of funds made available under the
program.
``(vi) Actions taken by the Secretary in partnership with
eligible entities to enhance participation in agricultural
programs by veteran farmers or ranchers and socially
disadvantaged farmers or ranchers.
``(vii) The effectiveness of the actions described in
clause (vi).''; and
(iv) by adding at the end the following:
``(E) Maximum term and amount of grant, contract, or
agreement.--A grant, contract, or agreement entered into
under subparagraph (A) shall be--
``(i) for a term of not longer than 3 years; and
``(ii) in an amount that is not more than $250,000 for each
year of the grant, contract, or agreement.
``(F) Priority.--In making grants and entering into
contracts and other agreements under subparagraph (A), the
Secretary shall give priority to nongovernmental and
community-based organizations with an expertise in working
with socially disadvantaged farmers and ranchers or veteran
farmers and ranchers.
``(G) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
eligible entities to which grants are made and contracts and
other agreements are entered into under subparagraph (A).
``(H) Prohibition.--A grant, contract, or other agreement
under subparagraph (A) may not be used for the planning,
repair, rehabilitation, acquisition, or construction of a
building or facility.
``(I) Peer review.--The Secretary shall establish a fair
and efficient external peer review process that--
``(i) the Secretary shall use in making grants and entering
into contracts and other agreements under subparagraph (A);
and
``(ii) shall include a broad representation of peers of the
eligible entity.
``(J) Input from eligible entities.--The Secretary shall
seek input from eligible entities providing technical
assistance under this subsection not less than once each year
to ensure that the program is responsive to the eligible
entities providing that technical assistance.'';
(8) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Beginning Farmer and Rancher Development Grant
Program.--
``(1) In general.--Using funds made available under
subsection (l), the Secretary, acting through the Director of
the National Institute of Food and Agriculture, shall, for
the period of fiscal years 2019 through 2023, make
competitive grants or enter into cooperative agreements to
support new and established local and regional training,
education, outreach, and technical assistance initiatives to
increase opportunities for beginning farmers and ranchers.
``(2) Included programs and services.--Initiatives
described in paragraph (1) may include programs or services,
as appropriate, relating to--
``(A) basic livestock, forest management, and crop farming
practices;
``(B) innovative farm, ranch, and private, nonindustrial
forest land transfer and succession strategies;
``(C) entrepreneurship and business training;
``(D) technical assistance to help beginning farmers or
ranchers acquire land from retiring farmers and ranchers;
``(E) financial and risk management training, including the
acquisition and management of agricultural credit;
``(F) natural resource management and planning;
``(G) diversification and marketing strategies;
``(H) curriculum development;
``(I) mentoring, apprenticeships, and internships;
``(J) resources and referral;
``(K) farm financial benchmarking;
``(L) agricultural rehabilitation and vocational training
for veteran farmers and ranchers;
``(M) farm safety and awareness;
``(N) food safety and recordkeeping; and
``(O) other similar subject areas of use to beginning
farmers and ranchers.
``(3) Eligibility.--
``(A) In general.--To be eligible to receive a grant or
enter into a cooperative agreement under this subsection, the
recipient of the grant or participant in the cooperative
agreement shall be a collaborative State, Tribal, local, or
regionally-based network or partnership of public or private
entities.
``(B) Inclusions.--A recipient of a grant or a participant
that enters into a cooperative agreement described in
subparagraph (A) may include--
``(i) a State cooperative extension service;
``(ii) a Federal, State, municipal, or Tribal agency;
``(iii) a community-based or nongovernmental organization;
``(iv) a college or university (including an institution
awarding an associate's degree) or foundation maintained by a
college or university; or
``(v) any other appropriate partner, as determined by the
Secretary.
``(4) Terms of grants or cooperative agreement.--A grant or
cooperative agreement under this subsection shall--
``(A) be for a term of not longer than 3 years; and
``(B) provide not more than $250,000 for each year.
``(5) Matching requirement.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible to receive a grant or enter into a cooperative
agreement under this subsection, a recipient or participant
shall provide a match in the form of cash or in-kind
contributions in an amount equal to 25 percent of the funds
provided by the grant or cooperative agreement.
``(B) Exception.--The Secretary may waive or reduce the
matching requirement in subparagraph (A) if the Secretary
determines such a waiver or modification is necessary to
effectively reach an underserved area or population.
``(6) Evaluation criteria.--In making grants or entering
into cooperative agreements under this subsection, the
Secretary shall evaluate, with respect to applications for
the grants or cooperative agreements--
``(A) relevancy;
``(B) technical merit;
``(C) achievability;
``(D) the expertise and track record of 1 or more
applicants;
``(E) the consultation of beginning farmers and ranchers in
design, implementation, and decisionmaking relating to an
initiative described in paragraph (1);
``(F) the adequacy of plans for--
``(i) a participatory evaluation process;
``(ii) outcome-based reporting; and
``(iii) the communication of findings and results beyond
the immediate target audience; and
``(G) other appropriate factors, as determined by the
Secretary.
``(7) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
recipients of grants or participants in cooperative
agreements under this subsection.
``(8) Priority.--In making grants or entering into
cooperative agreements under this subsection, the Secretary
shall give priority to partnerships and collaborations that
are led by or include nongovernmental, community-based
organizations and school-based educational organizations with
expertise in new agricultural producer training and outreach.
``(9) Prohibition.--A grant made or cooperative agreement
entered into under this subsection may not be used for the
planning, repair, rehabilitation, acquisition, or
construction of a building or facility.
``(10) Coordination permitted.--A recipient of a grant or
participant in a cooperative agreement under this subsection
may coordinate with a recipient of a grant or cooperative
agreement under section 1680 in addressing the needs of
veteran farmers and ranchers with disabilities.
``(11) Consecutive awards.--A grant or cooperative
agreement under this subsection may be made to a recipient or
participant for consecutive years.
``(12) Peer review.--
``(A) In general.--The Secretary shall establish a fair and
efficient external peer review process, which the Secretary
shall use in making grants or entering into cooperative
agreements under this subsection.
``(B) Requirement.--The peer review process under
subparagraph (A) shall include a review panel composed of a
broad representation of peers of the applicant for the grant
or cooperative agreement that are not applying for a grant or
cooperative agreement under this subsection.
``(13) Participation by other farmers and ranchers.--
Nothing in this subsection prohibits
[[Page H9940]]
the Secretary from allowing a farmer or rancher who is not a
beginning farmer or rancher (including an owner or operator
that has ended, or expects to end within 5 years, active
labor in a farming or ranching operation as a producer,
retiring farmers, and non-farming landowners) from
participating in a program or service under this subsection,
to the extent that the Secretary determines that such
participation--
``(A) is appropriate; and
``(B) will not detract from the primary purpose of
increasing opportunities for beginning farmers and ranchers.
``(14) Education teams.--
``(A) In general.--The Secretary shall establish beginning
farmer and rancher education teams to develop curricula,
conduct educational programs and workshops for beginning
farmers and ranchers in diverse geographical areas of the
United States, or provide training and technical assistance
initiatives for beginning farmers or ranchers or for trainers
and service providers that work with beginning farmers or
ranchers.
``(B) Curriculum.--In promoting the development of
curricula, educational programs and workshops, or training
and technical assistance initiatives under subparagraph (A),
the Secretary shall, to the maximum extent practicable,
include content tailored to specific audiences of beginning
farmers and ranchers, based on crop diversity or regional
diversity.
``(C) Composition.--In establishing an education team under
subparagraph (A) for a specific program or workshop, the
Secretary shall, to the maximum extent practicable--
``(i) obtain the short-term services of specialists with
knowledge and expertise in programs serving beginning farmers
and ranchers; and
``(ii) use officers and employees of the Department with
direct experience in programs of the Department that may be
taught as part of the curriculum for the program or workshop.
``(D) Cooperation.--
``(i) In general.--In carrying out this subsection, the
Secretary shall cooperate, to the maximum extent practicable,
with--
``(I) State cooperative extension services;
``(II) Federal, State, and Tribal agencies;
``(III) community-based and nongovernmental organizations;
``(IV) colleges and universities (including an institution
awarding an associate's degree) or foundations maintained by
a college or university; and
``(V) other appropriate partners, as determined by the
Secretary.
``(ii) Cooperative agreements.--The Secretary may enter
into a cooperative agreement to reflect the terms of any
cooperation under subparagraph (A).
``(15) Curriculum and training clearinghouse.--The
Secretary shall establish an online clearinghouse that makes
available to beginning farmers and ranchers education
curricula and training materials and programs, which may
include online courses for direct use by beginning farmers
and ranchers.
``(e) Application Requirements.--In making grants and
entering into contracts and other agreements, as applicable,
under subsections (c) and (d), the Secretary shall make
available a simplified application process for an application
for a grant that requests less than $50,000.'';
(9) by striking subsection (f) and inserting the following:
``(f) Stakeholder Input.--In carrying out this section, the
Secretary shall seek stakeholder input from--
``(1) beginning farmers and ranchers;
``(2) socially disadvantaged farmers and ranchers;
``(3) veteran farmers and ranchers;
``(4) national, State, Tribal, and local organizations and
other persons with expertise in operating programs for--
``(A) beginning farmers and ranchers;
``(B) socially disadvantaged farmers and ranchers; or
``(C) veteran farmers and ranchers;
``(5) the Advisory Committee on Beginning Farmers and
Ranchers established under section 5(b) of the Agricultural
Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public
Law 102-554);
``(6) the Advisory Committee on Minority Farmers
established under section 14008 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110-
246); and
``(7) the Tribal Advisory Committee established under
subsection (b) of section 309 of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6921).'';
(10) in paragraph (3) of subsection (h) (as so
redesignated), by inserting ``and not later than March 1,
2020,'' after ``1991,''; and
(11) by adding at the end the following:
``(l) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section--
``(A) $30,000,000 for each of fiscal years 2019 and 2020;
``(B) $35,000,000 for fiscal year 2021;
``(C) $40,000,000 for fiscal year 2022; and
``(D) $50,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2019 through 2023.
``(3) Reservation of funds.--Of the amounts made available
to carry out this section--
``(A) 50 percent shall be used to carry out subsection (c);
and
``(B) 50 percent shall be used to carry out subsection (d).
``(4) Allocation of funds.--
``(A) In general.--Not less than 5 percent of the amounts
made available to carry out subsection (d) for a fiscal year
shall be used to support programs and services that address
the needs of--
``(i) limited resource beginning farmers and ranchers, as
defined by the Secretary;
``(ii) socially disadvantaged farmers and ranchers that are
beginning farmers and ranchers; and
``(iii) farmworkers desiring to become farmers or ranchers.
``(B) Veteran farmers and ranchers.--Not less than 5
percent of the amounts made available to carry out subsection
(d) for a fiscal year shall be used to support programs and
services that address the needs of veteran farmers and
ranchers.
``(5) Interagency funding.--Any agency of the Department
may participate in any grant, contract, or agreement entered
into under this section by contributing funds, if the
contributing agency determines that the objectives of the
grant, contract, or agreement will further the authorized
programs of the contributing agency.
``(6) Administrative expenses.--Not more than 5 percent of
the amounts made available to carry out this section for a
fiscal year may be used for expenses relating to the
administration of this section.
``(7) Limitation on indirect costs.--A recipient of a grant
or a party to a contract or other agreement under subsection
(c) or (d) may not use more than 10 percent of the funds
received for the indirect costs of carrying out a grant,
contract, or other agreement.''.
SEC. 12302. URBAN AGRICULTURE.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by section
12202) is amended by adding at the end the following:
``SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE
PRODUCTION.
``(a) Office.--
``(1) In general.--The Secretary shall establish in the
Department an Office of Urban Agriculture and Innovative
Production.
``(2) Director.--The Secretary shall appoint a senior
official to serve as the Director of the Office of Urban
Agriculture and Innovative Production (referred to in this
section as the `Director').
``(3) Mission.--The mission of the Office of Urban
Agriculture and Innovative Production shall be to encourage
and promote urban, indoor, and other emerging agricultural
practices, including--
``(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
``(B) rooftop farms, outdoor vertical production, and green
walls;
``(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
``(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
``(E) other innovations in agricultural production, as
determined by the Secretary.
``(4) Responsibilities.--The Director shall be responsible
for engaging in activities to carry out the mission described
in paragraph (3), including by--
``(A) managing programs, including for community gardens,
urban farms, rooftop agriculture, and indoor vertical
production;
``(B) advising the Secretary;
``(C) coordinating with the agencies and officials of the
Department to update relevant programs;
``(D) engaging in stakeholder relations and developing
external partnerships;
``(E) identifying common State and municipal best practices
for navigating local policies;
``(F) coordinating networks of community gardens and
facilitating connections to local food banks, in partnership
with the Food and Nutrition Service; and
``(G) collaborating with other Federal agencies.
``(b) Urban Agriculture and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish
an Urban Agriculture and Innovative Production Advisory
Committee (referred to in this subsection as the `Committee')
to advise the Secretary on--
``(A) the development of policies and outreach relating to
urban, indoor, and other emerging agricultural production
practices; and
``(B) any other aspects of the implementation of this
section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed of 12
members, of whom--
``(i) 4 shall be individuals who are agricultural
producers, of whom--
``(I) 2 individuals shall be agricultural producers located
in an urban area or urban cluster; and
``(II) 2 individuals shall be farmers that use innovative
technology;
``(ii) 2 shall be representatives from an institution of
higher education or extension program;
``(iii) 1 shall be an individual who represents a nonprofit
organization, which may include a public health,
environmental, or community organization;
``(iv) 1 shall be an individual who represents business and
economic development, which may include a business
development entity, a chamber of commerce, a city government,
or a planning organization;
``(v) 1 shall be an individual with supply chain
experience, which may include a food aggregator, wholesale
food distributor, food hub, or an individual who has direct-
to-consumer market experience;
``(vi) 1 shall be an individual from a financing entity;
and
``(vii) 2 shall be individuals with related experience or
expertise in urban, indoor, and other emerging agriculture
production practices, as determined by the Secretary.
``(B) Initial appointments.--The Secretary shall appoint
the members of the Committee not
[[Page H9941]]
later than 180 days after the date of enactment of this
section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in subparagraph (B),
a member of the Committee shall be appointed for a term of 3
years.
``(B) Initial appointments.--Of the members first appointed
to the Committee--
``(i) 4 of the members, as determined by the Secretary,
shall be appointed for a term of 3 years;
``(ii) 4 of the members, as determined by the Secretary,
shall be appointed for a term of 2 years; and
``(iii) 4 of the members, as determined by the Secretary,
shall be appointed for a term of 1 year.
``(C) Vacancies.--Any vacancy in the Committee--
``(i) shall not affect the powers of the Committee; and
``(ii) shall be filled as soon as practicable in the same
manner as the original appointment.
``(D) Consecutive terms.--An initial appointee of the
committee may serve an additional consecutive term if the
member is reappointed by the Secretary.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not fewer than 3
times per year.
``(B) Initial meeting.--Not later than 180 days after the
date on which the members are appointed under paragraph
(2)(B), the Committee shall hold the first meeting of the
Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations and advise the Director on
policies, initiatives, and outreach administered by the
Office of Urban Agriculture and Innovative Production;
``(ii) evaluate and review ongoing research and extension
activities relating to urban, indoor, and other innovative
agricultural practices;
``(iii) identify new and existing barriers to successful
urban, indoor, and other emerging agricultural production
practices; and
``(iv) provide additional assistance and advice to the
Director as appropriate.
``(B) Reports.--Not later than 1 year after the date on
which the Committee is established, and every 2 years through
2023, the Committee shall submit to the Secretary, the
Committee on Agriculture of the House of Representatives, and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the recommendations developed
under subparagraph (A).
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee shall serve
without compensation.
``(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5,
United States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years after
the date on which the members are appointed under paragraph
(2)(B).
``(B) Extensions.--Before the date on which the Committee
terminates, the Secretary may renew the Committee for 1 or
more 2-year periods.
``(c) Grants.--The Director shall award competitive grants
to support the development of urban agriculture and
innovative production to any of the following eligible
entities:
``(1) A nonprofit organization.
``(2) A unit of local government.
``(3) A Tribal government.
``(4) Any school that serves any of grades kindergarten
through grade 12.
``(d) Pilot Projects.--
``(1) Urban and suburban county committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish a
pilot program for not fewer than 5 years that establishes 10
county committees in accordance with section
8(b)(5)(B)(ii)(II) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)(B)(ii)(II)) to operate in
counties located in urban or suburban areas with a high
concentration of urban or suburban farms.
``(B) Effect.--Nothing in this paragraph requires or
precludes the establishment of a Farm Service Agency office
in a county in which a county committee is established under
subparagraph (A).
``(C) Report.--For fiscal year 2019 and each fiscal year
thereafter through fiscal year 2023, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing a summary of--
``(i) the status of the pilot program under subparagraph
(A);
``(ii) meetings and other activities of the committees
established under that subparagraph; and
``(iii) the types and volume of assistance and services
provided to farmers in counties in which county committees
are established under that subparagraph.
``(2) Increasing community compost and reducing food
waste.--
``(A) In general.--The Secretary, acting through the
Director, shall carry out pilot projects under which the
Secretary shall offer to enter into cooperative agreements
with local or municipal governments in not fewer than 10
States to develop and test strategies for planning and
implementing municipal compost plans and food waste reduction
plans.
``(B) Eligible entities and purposes of pilot projects.--
Under a cooperative agreement entered into under this
paragraph, the Secretary shall provide assistance to
municipalities, counties, local governments, or city
planners, as appropriate, to carry out planning and
implementing activities that will--
``(i) generate compost;
``(ii) increase access to compost for agricultural
producers;
``(iii) reduce reliance on, and limit the use of,
fertilizer;
``(iv) improve soil quality;
``(v) encourage waste management and permaculture business
development;
``(vi) increase rainwater absorption;
``(vii) reduce municipal food waste; and
``(viii) divert food waste from landfills.
``(C) Evaluation and ranking of applications.--
``(i) Criteria.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
criteria for the selection of pilot projects under this
paragraph.
``(ii) Consideration.--In selecting, undertaking, or
funding pilot projects under this paragraph, the Secretary
shall consider any commonly known significant impact on
existing food waste recovery and disposal by commercial,
marketing, or business relationships.
``(iii) Priority.--In selecting a pilot project under this
paragraph, the Secretary shall give priority to an
application for a pilot project that--
``(I) anticipates or demonstrates economic benefits;
``(II) incorporates plans to make compost easily accessible
to agricultural producers, including community gardeners;
``(III) integrates other food waste strategies, including
food recovery efforts; and
``(IV) provides for collaboration with multiple partners.
``(D) Matching requirement.--The recipient of assistance
for a pilot project under this paragraph shall provide funds,
in-kind contributions, or a combination of both from sources
other than funds provided through the grant in an amount
equal to not less than 25 percent of the amount of the grant.
``(E) Evaluation.--The Secretary shall conduct an
evaluation of the pilot projects funded under this paragraph
to assess different solutions for increasing access to
compost and reducing municipal food waste, including an
evaluation of--
``(i) the amount of Federal funds used for each project;
and
``(ii) a measurement of the outcomes of each project.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and the
amendments made by this section $25,000,000 for each of
fiscal years 2019 through 2023.''.
SEC. 12303. TRIBAL ADVISORY COMMITTEE.
Section 309 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6921) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Tribal Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(B) Relevant committees of congress.--The term `relevant
committees of Congress' means--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(iii) the Committee on Indian Affairs of the Senate.
``(C) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(2) Establishment of committee.--
``(A) In general.--The Secretary shall establish an
advisory committee, to be known as the Tribal Advisory
Committee (referred to in this subsection as the `Committee')
to provide advice and guidance to the Secretary on matters
relating to Tribal and Indian affairs.
``(B) Facilitation.--The Committee shall facilitate, but
not supplant, government-to-government consultation between
the Department of Agriculture (referred to in this subsection
as the `Department') and Indian tribes.
``(3) Membership.--
``(A) Composition.--The Committee shall be composed of 11
members, of whom--
``(i) 3 shall be appointed by the Secretary;
``(ii) 1 shall be appointed by the chairperson of the
Committee on Indian Affairs of the Senate;
``(iii) 1 shall be appointed by the ranking member of the
Committee on Indian Affairs of the Senate;
``(iv) 1 shall be appointed by the chairperson of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate;
``(v) 1 shall be appointed by the ranking member of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate;
``(vi) 2 shall be appointed by the chairperson of the
Committee on Agriculture of the House of Representatives; and
``(vii) 2 shall be appointed by the ranking member of the
Committee on Agriculture of the House of Representatives.
``(B) Nominations.--The Secretary shall accept nominations
for members of the Committee from any of the following:
``(i) An Indian tribe.
``(ii) A tribal organization.
``(iii) A national or regional organization with expertise
in issues relating to the duties of the Committee described
in paragraph (4).
[[Page H9942]]
``(C) Diversity.--To the maximum extent feasible, the
Secretary shall ensure that the members of the Committee
represent a diverse set of expertise on issues relating to
geographic regions, Indian tribes, and the agricultural
industry.
``(D) Limitation.--No member of the Committee shall be an
officer or employee of the Federal Government.
``(E) Period of appointment; vacancies.--
``(i) In general.--Each member of the Committee--
``(I) subject to clause (ii), shall be appointed to a 3-
year term; and
``(II) may be reappointed to not more than 3 consecutive
terms.
``(ii) Initial staggering.--The first 3 appointments by the
Secretary under paragraph (3)(A)(i) shall be for a 2-year
term.
``(iii) Vacancies.--Any vacancy in the Committee shall be
filled in the same manner as the original appointment not
more than 90 days after the date on which the position
becomes vacant.
``(F) Meetings.--
``(i) In general.--The Committee shall meet in person not
less than twice each year.
``(ii) Office of tribal relations representative.--Not
fewer than 1 representative from the Office of Tribal
Relations of the Department shall be present at each meeting
of the Committee.
``(iii) Department of interior representative.--The
Assistant Secretary for Indian Affairs of the Department of
the Interior (or a designee) shall be present at each meeting
of the Committee.
``(iv) Nonvoting representatives.--The individuals
described in clauses (ii) and (iii) shall be nonvoting
representatives at meetings of the Committee.
``(4) Duties of committee.--The Committee shall--
``(A) identify evolving issues of relevance to Indian
tribes relating to programs of the Department;
``(B) communicate to the Secretary the issues identified
under subparagraph (A);
``(C) submit to the Secretary recommendations for, and
solutions to--
``(i) the issues identified under subparagraph (A);
``(ii) issues raised at the Tribal, regional, or national
level; and
``(iii) issues relating to any Tribal consultation carried
out by the Department;
``(D) discuss issues and proposals for changes to the
regulations, policies, and procedures of the Department that
impact Indian tribes;
``(E) identify priorities and provide advice on appropriate
strategies for Tribal consultation on issues at the Tribal,
regional, or national level regarding the Department;
``(F) ensure that pertinent issues of the Department are
brought to the attention of an Indian tribe in a timely
manner so that timely feedback from an Indian tribe can be
obtained; and
``(G) identify and propose solutions to any
interdepartmental barrier between the Department and other
Federal agencies.
``(5) Reports.--
``(A) In general.--Not less frequently than once each year,
the Committee shall submit to the Secretary and the relevant
committees of Congress a report that describes--
``(i) the activities of the Committee during the previous
year; and
``(ii) recommendations for legislative or administrative
action for the following year.
``(B) Response from secretary.--Not more than 45 days after
the date on which the Secretary receives a report under
subparagraph (A), the Secretary shall submit a written
response to that report to--
``(i) the Committee; and
``(ii) the relevant committees of Congress.
``(6) Compensation of members.--Members of the Committee
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Committee.
``(7) Federal advisory committee act exemption.--Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Committee.''.
SEC. 12304. BEGINNING FARMER AND RANCHER COORDINATION.
Subtitle D of title VII of the Farm Security and Rural
Investment Act of 2002 (as amended by sections 7506 and
12301(a)(1)) is further amended by inserting after section
7403 (7 U.S.C. 3119b note; Public Law 107-171) the following:
``SEC. 7404. BEGINNING FARMER AND RANCHER COORDINATION.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning given such term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
``(2) National coordinator.--The term `National
Coordinator' means the National Beginning Farmer and Rancher
Coordinator established under subsection (b)(1).
``(3) State coordinator.--The term `State coordinator'
means a State beginning farmer and rancher coordinator
designated under subsection (c)(1)(A).
``(4) State office.--The term `State office' means--
``(A) a State office of--
``(i) the Farm Service Agency;
``(ii) the Natural Resources Conservation Service;
``(iii) the Rural Business-Cooperative Service; or
``(iv) the Rural Utilities Service; or
``(B) a regional office of the Risk Management Agency.
``(b) National Beginning Farmer and Rancher Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of National Beginning Farmer and
Rancher Coordinator.
``(2) Duties.--
``(A) In general.--The National Coordinator shall--
``(i) advise the Secretary and coordinate activities of the
Department on programs, policies, and issues relating to
beginning farmers and ranchers; and
``(ii) in consultation with the applicable State food and
agriculture council, determine whether to approve a plan
submitted by a State coordinator under subsection (c)(3)(B).
``(B) Discretionary duties.--Additional duties of the
National Coordinator may include--
``(i) developing and implementing new strategies--
``(I) for outreach to beginning farmers and ranchers; and
``(II) to assist beginning farmers and ranchers with
connecting to owners or operators that have ended, or expect
to end within 5 years, actively owning or operating a farm or
ranch; and
``(ii) facilitating interagency and interdepartmental
collaboration on issues relating to beginning farmers and
ranchers.
``(3) Reports.--Not less frequently than once each year,
the National Coordinator shall distribute within the
Department and make publicly available a report describing
the status of steps taken to carry out the duties described
in subparagraphs (A) and (B) of paragraph (2).
``(4) Contracts and cooperative agreements.--In carrying
out the duties under paragraph (2), the National Coordinator
may enter into a contract or cooperative agreement with an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)),
cooperative extension services (as defined in section 1404 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)), or a nonprofit
organization--
``(A) to conduct research on the profitability of new farms
in operation for not less than 5 years in a region;
``(B) to develop educational materials;
``(C) to conduct workshops, courses, training, or certified
vocational training; or
``(D) to conduct mentoring activities.
``(c) State Beginning Farmer and Rancher Coordinators.--
``(1) In general.--
``(A) Designation.--The National Coordinator, in
consultation with State food and agriculture councils and
directors of State offices, shall designate in each State a
State beginning farmer and rancher coordinator from among
employees of State offices.
``(B) Requirements.--To be designated as a State
coordinator, an employee shall--
``(i) be familiar with issues relating to beginning farmers
and ranchers; and
``(ii) have the ability to coordinate with other Federal
departments and agencies.
``(2) Training.--The Secretary shall develop a training
plan to provide to each State coordinator knowledge of
programs and services available from the Department for
beginning farmers and ranchers, taking into consideration the
needs of all production types and sizes of agricultural
operations.
``(3) Duties.--A State coordinator shall--
``(A) coordinate technical assistance at the State level to
assist beginning farmers and ranchers in accessing programs
of the Department;
``(B) develop and submit to the National Coordinator for
approval under subsection (b)(2)(A)(ii) a State plan to
improve the coordination, delivery, and efficacy of programs
of the Department to beginning farmers and ranchers, taking
into consideration the needs of all types of production
methods and sizes of agricultural operation, at each county
and area office in the State;
``(C) oversee implementation of an approved State plan
described in subparagraph (B);
``(D) work with outreach coordinators in the State offices
to ensure appropriate information about technical assistance
is available at outreach events and activities; and
``(E) coordinate partnerships and joint outreach efforts
with other organizations and government agencies serving
beginning farmers and ranchers.''.
SEC. 12305. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
Subtitle D of title VII of the Farm Security and Rural
Investment Act of 2002 (as amended by sections 7506, section
12301(a)(1), and 12304) is further amended by inserting after
section 7404, as added by section 12304, the following:
``SEC. 7405. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Agricultural Youth Organization
Coordinator.
``(b) Duties.--The Agricultural Youth Organization
Coordinator shall--
``(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and
preparing young people to pursue careers in the agriculture,
food, and natural resources systems;
``(2) work to help build youth awareness of the reach and
importance of agriculture, across a diversity of fields and
disciplines;
``(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department to
youth-serving organizations and school-based agricultural
education, including the development of internship
opportunities;
[[Page H9943]]
``(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with,
and support of, youth-serving organizations and school-based
agricultural education;
``(5) provide information to youth involved in food and
agriculture organizations concerning the availability of, and
eligibility requirements for, participation in agricultural
programs, with particular emphasis on beginning farmer and
rancher programs;
``(6) serve as a resource for assisting youth involved in
food and agriculture organizations in applying for
participation in agriculture; and
``(7) advocate on behalf of youth involved in food and
agriculture organizations in interactions with employees of
the Department.
``(c) Contracts and Cooperative Agreements.--For purposes
of carrying out the duties under subsection (b), the
Agricultural Youth Organization Coordinator shall consult
with the cooperative extension and the land-grant university
systems, and may enter into contracts or cooperative
agreements with the research centers of the Agricultural
Research Service, cooperative extension and the land-grant
university systems, non-land-grant colleges of agriculture,
or nonprofit organizations for--
``(1) the conduct of regional research on the profitability
of small farms;
``(2) the development of educational materials;
``(3) the conduct of workshops, courses, and certified
vocational training;
``(4) the conduct of mentoring activities; or
``(5) the provision of internship opportunities.''.
SEC. 12306. AVAILABILITY OF DEPARTMENT OF AGRICULTURE
PROGRAMS FOR VETERAN FARMERS AND RANCHERS.
(a) Definition of Veteran Farmer or Rancher.--Paragraph (7)
of subsection (a) (as redesignated by section 12301(b)(3)) of
section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 10-year period.''.
(b) Federal Crop Insurance.--
(1) Definition of veteran farmer or rancher.--Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
(as amended by section 11101) is amended by adding at the end
the following:
``(14) Veteran farmer or rancher.--The term `veteran farmer
or rancher' means a farmer or rancher who--
``(A) has served in the Armed Forces (as defined in section
101 of title 38, United States Code); and
``(B)(i) has not operated a farm or ranch;
``(ii) has operated a farm or ranch for not more than 5
years; or
``(iii) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 5-year period.''.
(2) Crop insurance.--Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended--
(A) in subsection (b)(5)(E)--
(i) by striking ``The Corporation'' and inserting the
following:
``(i) In general.--The Corporation''; and
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting the following: ``, and
veteran farmers or ranchers.
``(ii) Coordination.--The Corporation shall coordinate with
other agencies of the Department that provide programs or
services to farmers and ranchers described in clause (i) to
make available coverage under the waiver under that clause
and to share eligibility information to reduce paperwork and
avoid duplication.'';
(B) in subsection (e)(8)--
(i) in the paragraph heading, by inserting ``and veteran''
after ``beginning''; and
(ii) by inserting ``or veteran farmer or rancher'' after
``beginning farmer or rancher'' each place it appears; and
(C) in subsection (g)--
(i) in paragraph (2)(B)(iii), in the matter preceding
subclause (I), by inserting ``or veteran farmer or rancher''
after ``beginning farmer or rancher'' each place it appears;
and
(ii) in paragraph (4)(B)(ii)(II), by inserting ``and
veteran farmers or ranchers'' after ``beginning farmers or
ranchers''.
(3) Education and risk management assistance.--Paragraph
(3) of section 524(a) of the Federal Crop Insurance Act (7
U.S.C. 1524(a)), as redesignated by section 11125(a)(3), is
amended--
(A) in subparagraph (D)(ii), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) veteran farmers or ranchers.''.
(c) Down Payment Loan Program.--Section 310E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1935)
is amended--
(1) in subsection (a)(1), by striking ``qualified beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers'' and inserting ``eligible farmers or ranchers'';
(2) in subsection (d)--
(A) in paragraph (2)(A), by striking ``recipients of the
loans'' and inserting ``farmers or ranchers'';
(B) by striking paragraph (3) and inserting the following:
``(3) encourage retiring farmers and ranchers to assist in
the sale of their farms and ranches to eligible farmers or
ranchers by providing seller financing;'';
(C) in paragraph (4), by striking ``for beginning farmers
or ranchers or socially disadvantaged farmers or ranchers''
and inserting the following: ``for--
``(A) beginning farmers or ranchers;
``(B) socially disadvantaged farmers or ranchers, as
defined in section 355(e); or
``(C) veteran farmers or ranchers, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)); and''; and
(D) in paragraph (5), by striking ``a qualified beginning
farmer or rancher or socially disadvantaged farmer or
rancher'' and inserting ``an eligible farmer or rancher'';
and
(3) by striking subsection (e) and inserting the following:
``(e) Definition of Eligible Farmer or Rancher.--In this
section, the term `eligible farmer or rancher' means--
``(1) a qualified beginning farmer or rancher;
``(2) a socially disadvantaged farmer or rancher, as
defined in section 355(e); and
``(3) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).''.
(d) Interest Rate Reduction Program.--Section 351(e)(2)(B)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1999(e)(2)(B)) is amended--
(1) in the subparagraph heading, by inserting ``and
veteran'' after ``Beginning'';
(2) in clause (i), by inserting ``or veteran farmers and
ranchers (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(3) in clause (ii), by striking ``beginning''.
(e) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Section 405(c)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(c)) is amended by inserting
``veteran farmers or ranchers (as defined in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a))),'' after ``socially disadvantaged
farmers,''.
(f) Administration and Operation of Noninsured Crop
Assistance Program.--Section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) is
amended--
(1) in subsection (k)(2), by inserting ``, or a veteran
farmer or rancher (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated by
section 1601(7)(D))--
(A) in the paragraph heading, by inserting ``veteran,''
before ``and socially''; and
(B) by inserting ``and veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))''
before ``in exchange''.
(g) Funding for Transition Option for Certain Farmers or
Ranchers.--Section 1241(a)(1)(B) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking
``beginning farmers or ranchers and socially disadvantaged
farmers or ranchers'' and inserting ``covered farmers or
ranchers, as defined in section 1235(f)(1)''.
(h) Supplemental Agricultural Disaster Assistance.--
(1) Definition of covered producer.--Section 1501(a) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Covered producer.--The term `covered producer' means
an eligible producer on a farm that is--
``(A) as determined by the Secretary--
``(i) a beginning farmer or rancher;
``(ii) a socially disadvantaged farmer or rancher; or
``(iii) a limited resource farmer or rancher; or
``(B) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).''.
(2) Emergency assistance for livestock, honey bees, and
farm-raised fish.--Section 1501(d) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)) is amended by adding at the end the
following:
``(4) Payment rate for covered producers.--In the case of a
covered producer that is eligible to receive assistance under
this subsection, the Secretary shall provide reimbursement of
90 percent of the cost of losses described in paragraph (1)
or (2).''.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND
INTERGOVERNMENTAL AFFAIRS.
(a) Assistant Secretaries of Agriculture.--Section
218(a)(1) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6918(a)(1)) is amended by striking
``Relations'' and inserting ``Relations and Intergovernmental
Affairs''.
(b) Succession.--Any official who is serving as the
Assistant Secretary of Agriculture for Congressional
Relations on the date of enactment of this Act and who was
appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be
reappointed as a result of the change made to the name of
that position under the amendment made by subsection (a).
SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6919) is amended--
[[Page H9944]]
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) establish and periodically update the website
described in subsection (d); and
``(6) in carrying out the duties described in paragraphs
(1) through (5), consult with and provide technical
assistance to any Federal agency, including the Department of
Defense, the Department of Veterans Affairs, the Small
Business Administration, and the Department of Labor.''; and
(2) by adding at the end the following:
``(d) Website Required.--
``(1) In general.--The website required under subsection
(b)(5) shall include the following:
``(A) Positions identified within the Department of
Agriculture that are available to veterans for
apprenticeships.
``(B) Apprenticeships, programs of training on the job, and
programs of education that are approved for purposes of
chapter 36 of title 38, United States Code.
``(C) Employment skills training programs for members of
the Armed Forces carried out pursuant to section 1143(e) of
title 10, United States Code.
``(D) Information designed to assist businesses, nonprofit
entities, educational institutions, and farmers interested in
developing apprenticeships, on-the-job training, educational,
or entrepreneurial programs for veterans in navigating the
process of having a program approved by a State approving
agency for purposes of chapter 36 of title 38, United States
Code, including--
``(i) contact information for relevant offices in the
Department of Defense, Department of Veterans Affairs,
Department of Labor, and Small Business Administration;
``(ii) basic requirements for approval by each State
approving agency;
``(iii) recommendations with respect to training and
coursework to be used during apprenticeships or on-the-job
training that will enable a veteran to be eligible for
agricultural programs; and
``(iv) examples of successful programs and curriculums that
have been approved for purposes of chapter 36 of title 38,
United States Code (with consent of the organization and
without any personally identifiable information).
``(2) Review of website.--
``(A) In general.--Not later than 5 years after the date of
enactment of this paragraph, and once every 5 years
thereafter, the Secretary shall conduct a study to determine
if the website required under subsection (b)(5) is effective
in providing veterans the information required under
paragraph (1).
``(B) Ineffective website.--If the Secretary determines
that the website is not effective under subparagraph (A), the
Secretary shall--
``(i) notify the agriculture and veterans committees
described in subparagraph (C) of that determination; and
``(ii) not earlier than 180 days after the date on which
the Secretary provides notice under clause (i), terminate the
website.
``(C) Agriculture and veterans committees.--The agriculture
and veterans committees referred to in subparagraph (B)(i)
are--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(iii) the Committee on Veterans' Affairs of the House of
Representatives; and
``(iv) the Committee on Veterans' Affairs of the Senate.
``(e) Consultation Required.--In carrying out this section,
the Secretary shall consult with organizations that serve
veterans.
``(f) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall submit a report
on beginning farmer training for veterans and agricultural
vocational and rehabilitation programs for veterans to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Veterans' Affairs of the House of
Representatives;
``(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
``(D) the Committee on Veterans' Affairs of the Senate.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include--
``(A) a summary of the measures taken to carry out
subsections (b) and (c);
``(B) a description of the information provided to veterans
under paragraphs (1) and (2) of subsection (b);
``(C) recommendations for best informing veterans of the
programs described in paragraphs (1) and (2) of subsection
(b);
``(D) a summary of the contracts or cooperative agreements
entered into under subsection (c);
``(E) a description of the programs implemented under
subsection (c);
``(F) a summary of the employment outreach activities
directed to veterans;
``(G) recommendations for how opportunities for veterans in
agriculture should be developed or expanded;
``(H) a summary of veteran farm lending data and a summary
of shortfalls, if any, identified by the Military Veterans
Agricultural Liaison in collecting data with respect to
veterans engaged in agriculture; and
``(I) recommendations, if any, on how to improve activities
under subsection (b).
``(g) Public Dissemination of Information.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall make publicly
available and share broadly, including by posting on the
website of the Department--
``(A) the report of the Military Veterans Agricultural
Liaison on beginning farmer training for veterans and
agricultural vocational and rehabilitation programs; and
``(B) the information disseminated under paragraphs (1) and
(2) of subsection (b).
``(2) Further dissemination.--Not later than the day before
the date on which the Military Veterans Agricultural Liaison
makes publicly available the information under paragraph (1),
the Military Veterans Agricultural Liaison shall provide that
information to the Department of Defense, the Department of
Veterans Affairs, the Small Business Administration, and the
Department of Labor.''.
SEC. 12403. CIVIL RIGHTS ANALYSES.
(a) In General.--The Secretary shall conduct civil rights
impact analyses in accordance with Departmental Regulation
4300-004 issued by the Department of Agriculture on October
17, 2016, with respect to the Department of Agriculture's
employment, federally-conducted programs and activities, and
federally-assisted programs and activities.
(b) Study; Report.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall conduct a study describing--
(A) the effectiveness of the Department of Agriculture in
processing and resolving civil rights complaints;
(B) minority participation rates in farm programs,
including a comparison of overall farmer and rancher
participation with minority farmer and rancher participation
by considering particular aspects of the programs of the
Department of Agriculture for producers, such as ownership
status, program participation, usage of permits, and waivers;
(C) the realignment of the civil rights functions of the
Department of Agriculture, as outlined in Secretarial
Memorandum 1076-023 (March 9, 2018), including an analysis of
whether that realignment has any negative implications on the
civil rights functions of the Department;
(D) efforts of the Department of Agriculture to identify
actions, programs, or activities of the Department of
Agriculture that may adversely affect employees, contractors,
or beneficiaries (including participants) of the action,
program, or activity based on the membership of the
employees, contractors, or beneficiaries in a group that is
protected under Federal law from discrimination in
employment, contracting, or provision of an action, program,
or activity, as applicable; and
(E) efforts of the Department of Agriculture to
strategically plan actions to decrease discrimination and
civil rights complaints within the Department of Agriculture
or in the carrying out of the programs and authorities of the
Department of Agriculture.
(2) Report.--Not later than 60 days after the date of
completion of the study under paragraph (1), the Comptroller
General shall submit a report describing the results of the
study to--
(A) the Committee on Agriculture of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
SEC. 12404. FARM SERVICE AGENCY.
(a) In General.--Section 226 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is
amended--
(1) in the section heading, by striking ``consolidated
farm'' and inserting ``farm'';
(2) in subsection (b), in the subsection heading, by
striking ``of Consolidated Farm Service Agency''; and
(3) by striking ``Consolidated Farm'' each place it appears
and inserting ``Farm''.
(b) Conforming Amendments.--
(1) Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) is amended--
(A) in subsection (c), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''; and
(B) in subsection (e)(2), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended
by striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(3) Section 275(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM
PRODUCTION AND CONSERVATION.
(a) Office of Risk Management.--Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933(d)(1)) is amended by striking ``Under Secretary
of Agriculture for Farm and Foreign Agricultural Services''
and inserting ``Under Secretary of Agriculture for Farm
Production and Conservation''.
(b) Multiagency Task Force.--Section 242(b)(3) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6952(b)(3)) is amended by striking ``Under Secretary
for Farm and Foreign Agricultural Services'' and inserting
``Under Secretary of Agriculture for Farm Production and
Conservation''.
(c) Food Aid Consultative Group.--Section 205(b)(2) of the
Food for Peace Act (7 U.S.C.
[[Page H9945]]
1725(b)(2)) is amended by striking ``Under Secretary of
Agriculture for Farm and Foreign Agricultural Services'' and
inserting ``Under Secretary of Agriculture for Trade and
Foreign Agricultural Affairs''.
(d) Interagency Committee on Minority Careers in
International Affairs.--Section 625(c)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended
by striking ``Under Secretary'' and all that follows through
``designee'' and inserting ``Under Secretary of Agriculture
for Trade and Foreign Agricultural Affairs, or the designee
of that Under Secretary''.
SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) Changing Name of Office.--
(1) In general.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is
amended--
(A) in the section heading, by striking ``advocacy and
outreach'' and inserting ``partnerships and public
engagement''; and
(B) by striking ``Advocacy and Outreach'' each place it
appears in subsections (a)(2), (b)(1), and (d)(4)(B) and
inserting ``Partnerships and Public Engagement''.
(2) References.--Beginning on the date of the enactment of
this Act, any reference to the Office of Advocacy and
Outreach established under section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any
provision of Federal law shall be deemed to be a reference to
the Office of Partnerships and Public Engagement.
(b) Increasing Outreach.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as
amended by subsection (a), is further amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following new clauses:
``(iv) limited resource producers; and
``(v) veteran farmers and ranchers; and''; and
(C) by adding at the end the following new subparagraph:
``(C) to promote youth outreach.''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting
``veteran farmers and ranchers,'' after ``beginning farmers
or ranchers,'';
(B) in paragraph (1), by striking ``or socially
disadvantaged'' and inserting ``socially disadvantaged, or
veteran''; and
(C) in paragraph (5), by inserting ``veteran farmers or
ranchers,'' after ``beginning farmers or ranchers,''.
(c) Authorization of Appropriations.--Section 226B(f)(3)(B)
of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6934(f)(3)(B)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 12407. UNDER SECRETARY OF AGRICULTURE FOR RURAL
DEVELOPMENT.
Section 231 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6941) is amended--
(1) in subsection (a), by striking ``is authorized to'' and
inserting ``shall''; and
(2) in subsection (b), by striking ``If the Secretary'' and
all that follows through ``the Under Secretary shall'' and
inserting ``The Under Secretary of Agriculture for Rural
Development shall''.
SEC. 12408. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.
(a) Rate of Pay.--
(1) In general.--Section 232(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) is
amended to read as follows:
``(b) Administrator.--
``(1) Appointment.--The Rural Utilities Service shall be
headed by an Administrator who shall be appointed by the
President.
``(2) Compensation.--The Administrator of the Rural
Utilities Service shall receive basic pay at a rate not to
exceed the maximum amount of compensation payable to a member
of the Senior Executive Service under subsection (b) of
section 5382 of title 5, United States Code.''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Administrator, Rural
Utilities Service, Department of Agriculture.''.
(b) Other Amendment Relating to Administrator.--Section 748
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 918b) is amended by inserting ``the Secretary of
Agriculture, acting through'' before ``the Administrator of
the Rural Utilities Service''.
SEC. 12409. RURAL HEALTH LIAISON.
Subtitle C of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended
by adding at the end the following:
``SEC. 236. RURAL HEALTH LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Rural Health Liaison.
``(b) Duties.--The Rural Health Liaison shall--
``(1) in consultation with the Secretary of Health and
Human Services, coordinate the role of the Department with
respect to rural health;
``(2) integrate across the Department the strategic
planning and activities relating to rural health;
``(3) improve communication relating to rural health within
the Department and between Federal agencies;
``(4) advocate on behalf of the health care and relevant
infrastructure needs in rural areas;
``(5) provide to stakeholders, potential grant applicants,
Federal agencies, State agencies, Indian Tribes, private
organizations, and academic institutions relevant data and
information, including the eligibility requirements for, and
availability and outcomes of, Department programs applicable
to the advancement of rural health;
``(6) maintain communication with public health, medical,
occupational safety, and telecommunication associations,
research entities, and other stakeholders to ensure that the
Department is aware of current and upcoming issues relating
to rural health;
``(7) consult on programs, pilot projects, research,
training, and other affairs relating to rural health at the
Department and other Federal agencies;
``(8) provide expertise on rural health to support the
activities of the Secretary as Chair of the Council on Rural
Community Innovation and Economic Development; and
``(9) provide technical assistance and guidance with
respect to activities relating to rural health to the
outreach, extension, and county offices of the Department.''.
SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Field Offices.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by section 12404(b)(1)) is amended by adding at the
end the following:
``(g) Field Offices.--
``(1) In general.--The Secretary shall not close any field
office of the Natural Resources Conservation Service unless,
not later than 30 days before the date of the closure, the
Secretary submits to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a notification of the
closure.
``(2) Employees.--The Secretary shall not permanently
relocate any field-based employees of the Natural Resources
Conservation Service or the rural development mission area if
doing so would result in a field office of the Natural
Resources Conservation Service or the rural development
mission area with 2 or fewer employees, unless, not later
than 30 days before the date of the permanent relocation, the
Secretary submits to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a notification of the
permanent relocation.
``(3) Sunset.--The requirements under paragraphs (1) and
(2) shall cease to be effective on September 30, 2023.''.
(b) Technical Corrections.--Section 246 of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (a)) is further amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(C) in paragraph (4) (as so redesignated), by inserting ``;
Public Law 101-624'' after ``note''; and
(D) in paragraph (5) (as so redesignated), by striking
``3831-3836'' and inserting ``3831 et seq.''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``paragraphs (1), (2), and (4) of subsection
(b) and the program under subchapter C of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3837-3837f)'' and inserting ``paragraphs (1) and (3)
of subsection (b)''.
(c) Relocation in Act.--
(1) In general.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsections (a) and (b)) is--
(A) redesignated as section 228; and
(B) moved so as to appear at the end of subtitle B of title
II (7 U.S.C. 6931 et seq.).
(2) Conforming amendments.--
(A) Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) (as amended by
section 12404(a)) is amended--
(i) in subsection (b)(5), by striking ``section 246(b)''
and inserting ``section 228(b)''; and
(ii) in subsection (g)(2), by striking ``section 246(b)''
and inserting ``section 228(b)''.
(B) Section 271(2)(F) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is amended
by striking ``section 246(b)'' and inserting ``section
228(b)''.
SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.
(a) In General.--Section 251(e) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is
amended--
(1) in the subsection heading, by striking ``Research,
Education, and Extension Office'' and inserting ``Office of
the Chief Scientist'';
(2) in paragraph (1), by striking ``Research, Education,
and Extension Office'' and inserting ``Office of the Chief
Scientist'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Research, Education, and Extension
Office'' and inserting ``Office of the Chief Scientist'';
(4) in paragraph (3)(C), by striking ``subparagraph (A)
shall not exceed 4 years'' and inserting ``clauses (i) and
(iii) of subparagraph (A) shall be for not less than 3
years'';
(5) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(6) by inserting after paragraph (3) the following:
``(4) Additional leadership duties.--In addition to
selecting the Division Chiefs under paragraph (3), using
available personnel authority under title 5, United States
Code, the Under Secretary shall select personnel--
``(A) to oversee implementation, training, and compliance
with the scientific integrity policy of the Department;
[[Page H9946]]
``(B)(i) to integrate strategic program planning and
evaluation functions across the programs of the Department;
and
``(ii) to help prepare the annual report to Congress on the
relevance and adequacy of programs under the jurisdiction of
the Under Secretary;
``(C) to assist the Chief Scientist in coordinating the
international engagements of the Department with the
Department of State and other international agencies and
offices of the Federal Government; and
``(D) to oversee other duties as may be required by Federal
law or Department policy.'';
(7) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``Notwithstanding''
and inserting the following:
``(i) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary to fund the
costs of Division personnel.
``(ii) Additional funding.--In addition to amounts made
available under clause (i), notwithstanding''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) provides strong staff continuity to the Office of
the Chief Scientist.''; and
(8) in paragraph (6) (as so redesignated), by striking
``Research, Education and Extension Office'' and inserting
``Office of the Chief Scientist''.
(b) Conforming Amendments.--
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is
amended by striking ``Research, Education and Extension
Office'' and inserting ``Office of the Chief Scientist''.
(2) Section 296(b)(6)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is
amended by striking ``Research, Education, and Extension
Office'' and inserting ``Office of the Chief Scientist''.
SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING
OFFICERS.
Section 272(e) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6992(e)) is amended to
read as follows:
``(e) Division Personnel.--
``(1) In general.--The Director shall recommend to the
Secretary persons for appointment as hearing officers as are
necessary for the conduct of hearings under section 277. The
Director shall appoint such other employees as are necessary
for the administration of the Division. A hearing officer or
other employee of the Division shall have no duties other
than those that are necessary to carry out this subtitle.
Each position of the Division shall be filled by an
individual who is not a political appointee.
``(2) Political appointee.--In this subsection, the term
`political appointee' means an individual occupying--
``(A) a position described under sections 5312 through 5316
of title 5, United States Code (relating to the Executive
Schedule);
``(B) a noncareer position in the Senior Executive Service,
as described under section 3132(a)(7) of that title;
``(C) a position in the executive branch of the Government
of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations; or
``(D) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating
character.''.
SEC. 12413. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
The Department of Agriculture Reorganization Act of 1994 is
amended--
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as
subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.)
the following:
``Subtitle J--Trade and Foreign Agricultural Affairs
``SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND
FOREIGN AGRICULTURAL AFFAIRS.
``(a) Establishment.--There is established in the
Department the position of Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs.
``(b) Appointment.--The Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(c) Functions.--
``(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs those functions and duties under the
jurisdiction of the Department that are related to trade and
foreign agricultural affairs.
``(2) Additional functions.--The Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs shall
perform such other functions and duties as may be--
``(A) required by law; or
``(B) prescribed by the Secretary.''.
SEC. 12414. REPEALS.
(a) Department of Agriculture Reorganization Act of 1994.--
The following provisions of the Department of Agriculture
Reorganization Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) Other Provision.--Section 3208 of the Agricultural Act
of 2014 (7 U.S.C. 6935) is repealed.
(c) Rule of Construction.--Nothing in the amendments made
by this section shall be construed as affecting--
(1) the authority of the Secretary to continue to carry out
a function vested in, and performed by, the Secretary as of
the date of enactment of this Act under any provision of
Federal law other than the provisions repealed by subsections
(a) and (b); or
(2) the authority of an agency, office, officer, or
employee of the Department of Agriculture to continue to
perform all functions delegated or assigned to the agency,
office, officer, or employee as of the date of enactment of
this Act any provision of Federal law other than the
provisions repealed by subsections (a) and (b).
SEC. 12415. TECHNICAL CORRECTIONS.
(a) Office of Risk Management.--Section 226A(a) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933(a)) is amended by striking ``Subject to
subsection (e), the Secretary'' and inserting ``The
Secretary''.
(b) Correction of Error.--
(1) Assistant secretaries of agriculture.--Section 218 of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918) (as in effect on the day before the effective
date of the amendments made by section 2(a)(1) of the
Presidential Appointment Efficiency and Streamlining Act of
2011 (Public Law 112-166; 126 Stat. 1283, 1295)) is amended
by striking ``Senate.'' in subsection (b) and all that
follows through ``responsibility for--'' in the matter
preceding paragraph (1) of subsection (d) and inserting the
following: ``Senate.
``(c) Duties of Assistant Secretary of Agriculture for
Civil Rights.--The Secretary may delegate to the Assistant
Secretary for Civil Rights responsibility for--''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the effective date described in section 6(a)
of the Presidential Appointment Efficiency and Streamlining
Act of 2011 (Public Law 112-166; 126 Stat. 1295).
SEC. 12416. TERMINATION OF AUTHORITY.
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(9) The authority of the Secretary to carry out the
amendments made to this title by section 772 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2018.
``(10) The authority of the Secretary to carry out the
amendments made to this title by the Agriculture Improvement
Act of 2018.''.
Subtitle E--Other Miscellaneous Provisions
PART I--MISCELLANEOUS AGRICULTURE PROVISIONS
SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.
1632c(f)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 12502. PROTECTING ANIMALS WITH SHELTER.
(a) Crimes Related to Domestic Violence and Stalking
Targeting Pets.--
(1) Interstate stalking.--Section 2261A of title 18, United
States Code, is amended--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``or'' at the end; and
(ii) by inserting after clause (iii) the following:
``(iv) the pet, service animal, emotional support animal,
or horse of that person; or''; and
(B) in paragraph (2)(A)--
(i) by inserting after ``to a person'' the following: ``, a
pet, a service animal, an emotional support animal, or a
horse''; and
(ii) by striking ``or (iii)'' and inserting ``(iii), or
(iv)''.
(2) Interstate violation of protection order.--Section 2262
of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting after ``another person''
the following: ``or the pet, service animal, emotional
support animal, or horse of that person''; and
(ii) in paragraph (2), by inserting after ``proximity to,
another person'' the following ``or the pet, service animal,
emotional support animal, or horse of that person''; and
(B) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case in which the
offense is committed against a pet, service animal, emotional
support animal, or horse,''.
(3) Restitution to include veterinary services.--Section
2264 of title 18, United States Code, is amended in
subsection (b)(3)--
(A) by redesignating subparagraph (F) as subparagraph (G);
(B) in subparagraph (E), by striking ``and'' at the end;
and
(C) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care for the
victim's pet, service animal, emotional support animal, or
horse; and''.
(4) Definitions.--Section 2266 of title 18, United States
Code, is amended by inserting after paragraph (10) the
following:
``(11) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, or other
animal that is kept for pleasure rather than for commercial
purposes.
``(12) Emotional support animal.--The term `emotional
support animal' means an animal that is covered by the
exclusion specified in section 5.303 of title 24, Code of
Federal Regulations (or a successor regulation), and that is
not a service animal.
``(13) Service animal.--The term `service animal' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).''.
(b) Emergency and Transitional Pet Shelter and Housing
Assistance Grant Program.--
(1) Grant program.--
(A) In general.--The Secretary, acting in consultation with
the Office of the Violence
[[Page H9947]]
Against Women of the Department of Justice, the Secretary of
Housing and Urban Development, and the Secretary of Health
and Human Services, shall award grants under this subsection
to eligible entities to carry out programs to provide the
assistance described in paragraph (3) with respect to victims
of domestic violence, dating violence, sexual assault, or
stalking and the pets, service animals, emotional support
animals, or horses of such victims.
(B) Memorandum of understanding.--The Secretary may enter
into a memorandum of understanding with the head of another
Department or agency, as appropriate, to carry out any of the
authorities provided to the Secretary under this section.
(2) Application.--
(A) In general.--An eligible entity seeking a grant under
this subsection shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require, including--
(i) a description of the activities for which a grant under
this subsection is sought;
(ii) such assurances as the Secretary determines to be
necessary to ensure compliance by the entity with the
requirements of this subsection; and
(iii) a certification that the entity, before engaging with
any individual domestic violence victim, will disclose to the
victim any mandatory duty of the entity to report instances
of abuse and neglect (including instances of abuse and
neglect of pets, service animals, emotional support animals,
or horses).
(B) Additional requirements.--In addition to the
requirements of subparagraph (A), each application submitted
by an eligible entity under that subparagraph shall--
(i) not include proposals for any activities that may
compromise the safety of a domestic violence victim,
including--
(I) background checks of domestic violence victims; or
(II) clinical evaluations to determine the eligibility of
such a victim for support services;
(ii) not include proposals that would require mandatory
services for victims or that a victim obtain a protective
order in order to receive proposed services; and
(iii) reflect the eligible entity's understanding of the
dynamics of domestic violence, dating violence, sexual
assault, or stalking.
(C) Rules of construction.--Nothing in this paragraph shall
be construed to require--
(i) domestic violence victims to participate in the
criminal justice system in order to receive services; or
(ii) eligible entities receiving a grant under this
subsection to breach client confidentiality.
(3) Use of funds.--Grants awarded under this subsection may
only be used for programs that provide--
(A) emergency and transitional shelter and housing
assistance for domestic violence victims with pets, service
animals, emotional support animals, or horses, including
assistance with respect to any construction or operating
expenses of newly developed or existing emergency and
transitional pet, service animal, emotional support animal,
or horse shelter and housing (regardless of whether such
shelter and housing is co-located at a victim service
provider or within the community);
(B) short-term shelter and housing assistance for domestic
violence victims with pets, service animals, emotional
support animals, or horses, including assistance with respect
to expenses incurred for the temporary shelter, housing,
boarding, or fostering of the pets, service animals,
emotional support animals, or horses of domestic violence
victims and other expenses that are incidental to securing
the safety of such a pet, service animal, emotional support
animal, or horse during the sheltering, housing, or
relocation of such victims;
(C) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence,
dating violence, sexual assault, or stalking to--
(i) locate and secure--
(I) safe housing with the victim's pet, service animal,
emotional support animal, or horse; or
(II) safe accommodations for the victim's pet, service
animal, emotional support animal, or horse; or
(ii) provide the victim with pet, service animal, emotional
support animal, or horse related services, such as
transportation, care services, and other assistance; or
(D) for the training of relevant stakeholders on--
(i) the link between domestic violence, dating violence,
sexual assault, or stalking and the abuse and neglect of
pets, service animals, emotional support animals, and horses;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services to such
victims;
(iv) best practices for providing such victims with
referrals to victims' services; and
(v) the importance of confidentiality.
(4) Grant conditions.--An eligible entity that receives a
grant under this subsection shall, as a condition of such
receipt, agree--
(A) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2));
and
(B) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
subsection on the participation of domestic violence victims
in any or all of the support services offered to such victims
through a program carried out by the entity using grant
funds.
(5) Duration of assistance provided to victims.--
(A) In general.--Subject to subparagraph (B), assistance
provided with respect to a pet, service animal, emotional
support animal, or horse of a domestic violence victim using
grant funds awarded under this subsection shall be provided
for a period of not more than 24 months.
(B) Extension.--An eligible entity that receives a grant
under this subsection may extend the 24-month period referred
to in subparagraph (A) for a period of not more than 6 months
in the case of a domestic violence victim who--
(i) has made a good faith effort to acquire permanent
housing for the victim and the victim's pet, service animal,
emotional support animal, or horse during that 24-month
period; and
(ii) has been unable to acquire such permanent housing
within that period.
(6) Report to the secretary.--Not later than 1 year after
the date on which an eligible entity receives a grant under
this subsection and each year thereafter in which the grant
funds are used, the entity shall submit to the Secretary a
report that contains, with respect to assistance provided by
the entity to domestic violence victims with pets, service
animals, emotional support animals, or horses using grant
funds received under this subsection, information on--
(A) the number of domestic violence victims with pets,
service animals, emotional support animals, or horses
provided such assistance; and
(B) the purpose, amount, type of, and duration of such
assistance.
(7) Report to congress.--
(A) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal year, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that contains a compilation of the
information contained in the reports submitted under
paragraph (6).
(B) Availability of report.--The Secretary shall transmit a
copy of the report submitted under subparagraph (A) to--
(i) the Office on Violence Against Women of the Department
of Justice;
(ii) the Office of Community Planning and Development of
the Department of Housing and Urban Development; and
(iii) the Administration for Children and Families of the
Department of Health and Human Services.
(8) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $3,000,000 for each of fiscal years
2019 through 2023.
(B) Limitation.--Of the amount made available under
subparagraph (A) in any fiscal year, not more than 5 percent
may be used for evaluation, monitoring, salaries, and
administrative expenses.
(9) Definitions.--In this subsection:
(A) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented history
of effective work concerning domestic violence, dating
violence, sexual assault, or stalking (as determined by the
Secretary), including--
(I) a domestic violence and sexual assault victim service
provider;
(II) a domestic violence and sexual assault coalition;
(III) a community-based and culturally specific
organization;
(IV) any other nonprofit, nongovernmental organization; and
(V) any organization that works directly with pets, service
animals, emotional support animals, or horses and
collaborates with any organization referred to in clauses (i)
through (iv), including--
(aa) an animal shelter; and
(bb) an animal welfare organization.
(C) Emotional support animal.--The term ``emotional support
animal'' means an animal that is covered by the exclusion
specified in section 5.303 of title 24, Code of Federal
Regulations (or a successor regulation), and that is not a
service animal.
(D) Pet.--The term ``pet'' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, or other
animal that is kept for pleasure rather than for commercial
purposes.
(E) Service animal.--The term ``service animal'' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).
(F) Other terms.--Except as otherwise provided in this
subsection, terms used in this section shall have the meaning
given such terms in section 40002(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(a)).
(c) Sense of Congress.--It is the sense of Congress that
States should encourage the inclusion of protections against
violent or threatening acts against the pet, service animal,
emotional support animal, or horse of a person in domestic
violence protection orders.
SEC. 12503. MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C.
608e-1(a)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended by inserting
``cherries, pecans,'' after ``walnuts,''.
SEC. 12504. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION
LIAISON.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6901 et seq.), as amended by sections
12202, 12302, and 12403, is further amended by adding at the
end the following:
``SEC. 224. FOOD LOSS AND WASTE REDUCTION LIAISON.
``(a) Establishment.--The Secretary shall establish a Food
Loss and Waste Reduction Liaison to coordinate Federal,
State, local, and nongovernmental programs, and other
efforts, to
[[Page H9948]]
measure and reduce the incidence of food loss and waste in
accordance with this section.
``(b) In General.--The Food Loss and Waste Reduction
Liaison shall--
``(1) coordinate food loss and waste reduction efforts
within the Department of Agriculture and with other Federal
agencies, including the Environmental Protection Agency and
the Food and Drug Administration;
``(2) support and promote Federal programs to measure and
reduce the incidence of food loss and waste and increase food
recovery;
``(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery, including information about the availability of,
and eligibility requirements for, participation in Federal,
State, local, and nongovernmental programs;
``(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791) to persons engaged in food loss and waste
reduction and food recovery; and
``(5) make recommendations with respect to expanding
innovative food recovery models and reducing the incidence of
food loss and waste.
``(c) Cooperative Agreements.--For purposes of carrying out
the duties under subsection (b), the Food Loss and Waste
Reduction Liaison may enter into contracts or cooperative
agreements with the research centers of the Research,
Education, and Economics mission area, institutions of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), or nonprofit organizations
for--
``(1) the development of educational materials;
``(2) the conduct of workshops and courses; or
``(3) the conduct of research on best practices with
respect to food loss and waste reduction and food recovery.
``(d) Study on Food Waste.--The Secretary shall conduct a
study, in consultation with the Food Loss and Waste Reduction
Liaison, to evaluate and determine--
``(1) methods of measuring food waste;
``(2) standards for the volume of food waste;
``(3) factors that contribute to food waste;
``(4) the cost and volume of food loss;
``(5) the effectiveness of existing liability protections
afforded under the Bill Emerson Good Samaritan Food Donation
Act (42 U.S.C. 1791); and
``(6) measures to ensure that programs contemplated,
undertaken, or funded by the Department of Agriculture do not
disrupt existing food waste recovery and disposal efforts by
commercial, marketing, or business relationships.
``(e) Reports.--
``(1) Initial report.--Not later than 1 year after the date
of enactment of this section, the Food Loss and Waste Liaison
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the
results of the study conducted under subsection (d).
``(2) Report.--Not later than 1 year after the date of the
submission of the report under paragraph (1), the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that contains, with
respect to the preceding year--
``(A) an estimate of the quantity of food waste during such
year; and
``(B) the results of the food waste reduction and loss
prevention activities carried out or led by the Department of
Agriculture.''.
SEC. 12505. REPORT ON BUSINESS CENTERS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report evaluating
each business center established in the Department of
Agriculture.
(b) Inclusions.--The report under subsection (a) shall
include--
(1) an examination of the effectiveness of each business
center in carrying out its mission, including any
recommendations to improve the operation of and function of
any of those business centers; and
(2) an evaluation of--
(A) the impact the business centers have on customer
service of the Department of Agriculture;
(B) the impact on the annual budget for agencies the budget
offices of which have been relocated to the business center,
and the effectiveness of funds used to support the business
centers, including an accounting of all discretionary and
mandatory funding provided to the business center for
conservation and farm services from--
(i) the Natural Resources Conservation Service;
(ii) the Farm Service Agency; and
(iii) the Risk Management Agency;
(C) funding described in subparagraph (B) spent on
information technology modernizations;
(D) the impact that the business centers have had on the
human resources of the Department of Agriculture, including
hiring;
(E) any concerns or problems with the business centers; and
(F) any positive or negative impact that the business
centers have had on the functionality of the Department of
Agriculture.
SEC. 12506. REPORT ON PERSONNEL.
For the period of fiscal years 2019 through 2023, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a biannual report
describing the number of staff years and employees of each
agency of the Department of Agriculture.
SEC. 12507. REPORT ON ABSENT LANDLORDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the effects of absent landlords on the
long-term economic health of agricultural production,
including the effect of absent landlords on--
(1) land valuation;
(2) soil health; and
(3) the economic stability of rural communities.
(b) Contents.--The report under subsection (a) shall
include--
(1) a description of the positive and negative effects of
an absent landlord on the land owned by the landlord,
including--
(A) the effect of an absent landlord on the long-term value
of the land; and
(B) the environmental and economic impact of an absent
landlord on the surrounding community; and
(2) recommendations to policymakers concerning how to
mitigate those effects when necessary.
SEC. 12508. CENTURY FARMS PROGRAM.
The Secretary shall establish a program under which the
Secretary recognizes any farm that--
(1) a State department of agriculture or similar statewide
agricultural organization recognizes as a Century Farm; or
(2)(A) is defined as a farm or ranch under section 4284.902
of title 7, Code of Federal Regulations (as in effect on the
date of enactment of this Act);
(B) has been in continuous operation for at least 100
years; and
(C) has been owned by the same family for at least 100
consecutive years, as verified through deeds, wills,
abstracts, tax statements, or other similar legal documents
considered appropriate by the Secretary.
SEC. 12509. REPORT ON IMPORTATION OF LIVE DOGS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report on the importation of live dogs into the
United States.
(b) Contents.--The report submitted under subsection (a)
shall include, with respect to the importation of live dogs
into the United States for each of the 3 most recent calendar
years for which data are available--
(1) the total number of live dogs imported;
(2) the number of live dogs imported as personal pets;
(3) the number of live dogs imported for resale (as defined
in section 18(a) of the Animal Welfare Act (7 U.S.C.
2148(a));
(4) the number of live dogs for which importation was
requested but denied due to the proposed importation failing
to meet the requirements under--
(A) section 18 of the Animal Welfare Act (7 U.S.C. 2148);
(B) section 71.51 of title 42, Code of Federal Regulations
(or any successor regulations); or
(C) any other Federal law; and
(5) any recommendations of the Secretary for modifications
to Federal law (including regulations) relating to the
importation of live dogs, including for the protection of
public health.
(c) Provision of Information.--To facilitate the
preparation of the report submitted under subsection (a), not
later than 180 days after the date of enactment of this Act,
the Secretary of Commerce, the Secretary of Health and Human
Services, and the Secretary of Homeland Security shall each
provide to the Secretary of Agriculture all available data
and information relating to the importation of live dogs into
the United States, including--
(1) the data described in paragraphs (1) through (4) of
subsection (b) for each of the 3 most recent calendar years
for which data is available; and
(2) any recommendations for modifications to Federal law
(including regulations) relating to the importation of live
dogs, including for the protection of public health.
SEC. 12510. TRIBAL PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise
Zone'' means an area that--
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section
referred to as a ``nominated zone'');
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone,
after consultation with the Secretary of Commerce, the
Secretary of Education, the Attorney General, the Secretary
of the Interior, the Secretary of Housing and Urban
Development, the Secretary of Health and Human Services, the
Secretary of Labor, the Secretary of the Treasury, the
Secretary of Transportation, and other agencies as
appropriate.
(b) Authorization and Number of Designations.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall nominate a minimum number of nominated zones,
as determined by the Secretary in consultation with Indian
tribes, to be designated as Tribal Promise Zones.
(c) Period of Designations.--
(1) In general.--The Secretary shall designate nominated
zones as Tribal Promise Zones before January 1, 2020.
(2) Effective dates of designations.--The designation of
any Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in Federal grant
programs and initiatives (other than this section), upon
execution of the Tribal Promise Zone agreement with the
Secretary; and
(B) for purposes of this section, on January 1 of the first
calendar year beginning after the date of the execution of
the Tribal Promise Zone agreement.
[[Page H9949]]
(3) Termination of designations.--The designation of any
Tribal Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not described
in paragraph (4), the end of the 10-year period beginning on
the date that such designation takes effect; or
(ii) with respect to a Tribal Promise Zone described in
paragraph (4), the end of the 10-year period beginning on the
date the area was designated as a Tribal Promise Zone before
the date of the enactment of this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In
the case of any area designated as a Tribal Promise Zone by
the Secretary before the date of the enactment of this Act,
such area shall be deemed a Tribal Promise Zone designated
under this section (notwithstanding whether any such
designation has been revoked before the date of the enactment
of this Act) and shall reduce the number of Tribal Promise
Zones remaining to be designated under paragraph (1).
(d) Limitations on Designations.--No area may be designated
under this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory
to the Secretary that the competitiveness plan described in
the application under subsection (e) for such area will be
implemented and that such entities will provide the Secretary
with such data regarding the economic conditions of the area
(before, during, and after the area's period of designation
as a Tribal Promise Zone) as the Secretary may require; and
(3) the Secretary determines that any information furnished
is reasonably accurate.
(e) Application.--No area may be designated under this
section unless the application for such designation--
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that--
(A) addresses the need of the nominated zone to attract
investment and jobs and improve educational opportunities;
(B) leverages the nominated zone's economic strengths and
outlines targeted investments to develop competitive
advantages;
(C) demonstrates collaboration across a wide range of
stakeholders;
(D) outlines a strategy that connects the nominated zone to
drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased access to
high quality affordable housing and improved public safety.
(f) Selection Criteria.--
(1) In general.--From among the nominated zones eligible
for designation under this section, the Secretary shall
designate Tribal Promise Zones on the basis of--
(A) the effectiveness of the competitiveness plan submitted
under subsection (e) and the assurances made under subsection
(d);
(B) unemployment rates, poverty rates, vacancy rates, crime
rates, and such other factors as the Secretary may identify,
including household income, labor force participation, and
educational attainment; and
(C) other criteria as determined by the Secretary.
(2) Minimal standards.--The Secretary may set minimal
standards for the levels of unemployment and poverty that
must be satisfied for designation as a Tribal Promise Zone.
SEC. 12511. PRECISION AGRICULTURE CONNECTIVITY.
(a) Findings.--Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States
in global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet
access service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
(b) Task Force.--
(1) Definitions.--In this subsection:
(A)(i) The term ``broadband Internet access service'' means
a mass-market retail service by wire or radio that provides
the capability to transmit data to, and receive data from,
all or substantially all Internet endpoints, including any
capabilities that are incidental to, and enable the operation
of, the communications service, but excluding dial up
internet access service.
(ii) Such term includes any service the Commission finds to
be providing a functional equivalent of the service described
in clause (i).
(B) The term ``Commission'' means the Federal
Communications Commission.
(C) The term ``Department'' means the Department of
Agriculture.
(D) The term ``Secretary'' means the Secretary of
Agriculture.
(E) The term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under paragraph
(2).
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the
Task Force for Reviewing the Connectivity and Technology
Needs of Precision Agriculture in the United States.
(3) Duties.--
(A) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate
with public and private stakeholders in the agriculture and
technology fields to--
(i) identify and measure current gaps in the availability
of broadband Internet access service on agricultural land;
(ii) develop policy recommendations to promote the rapid,
expanded deployment of broadband Internet access service on
unserved agricultural land, with a goal of achieving reliable
capabilities on 95 percent of agricultural land in the United
States by 2025;
(iii) promote effective policy and regulatory solutions
that encourage the adoption of broadband Internet access
service on farms and ranches and promote precision
agriculture;
(iv) recommend specific new rules or amendments to existing
rules of the Commission that the Commission should issue to
achieve the goals and purposes of the policy recommendations
described in clause (ii);
(v) recommend specific steps that the Commission should
take to obtain reliable and standardized data measurements of
the availability of broadband Internet access service as may
be necessary to target funding support, from future programs
of the Commission dedicated to the deployment of broadband
Internet access service, to unserved agricultural land in
need of broadband Internet access service; and
(vi) recommend specific steps that the Commission should
consider to ensure that the expertise of the Secretary and
available farm data are reflected in future programs of the
Commission dedicated to the infrastructure deployment of
broadband Internet access service and to direct available
funding to unserved agricultural land where needed.
(B) No duplicate data reporting.--In performing the duties
of the Commission under subparagraph (A), the Commission
shall ensure that no provider of broadband Internet access
service is required to report data to the Commission that is,
on the day before the date of enactment of this Act, required
to be reported by the provider of broadband Internet access
service.
(C) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the
Commission'', as used in clauses (v) and (vi) of subparagraph
(A), to include the universal service programs of the
Commission established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
(D) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required
under subparagraph (A).
(E) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task
Force in carrying out the duties of the Task Force.
(4) Membership.--
(A) In general.--The Task Force shall be--
(i) composed of not more than 15 voting members who shall--
(I) be selected by the Chairman of the Commission, in
consultation with the Secretary; and
(II) include--
(aa) agricultural producers representing diverse geographic
regions and farm sizes, including owners and operators of
farms of less than 100 acres;
(bb) an agricultural producer representing tribal
agriculture;
(cc) Internet service providers, including regional or
rural fixed and mobile broadband Internet access service
providers and telecommunications infrastructure providers;
(dd) representatives from the electric cooperative
industry;
(ee) representatives from the satellite industry;
(ff) representatives from precision agriculture equipment
manufacturers, including drone manufacturers, manufacturers
of autonomous agricultural machinery, and manufacturers of
farming robotics technologies;
(gg) representatives from State and local governments; and
(hh) representatives with relevant expertise in broadband
network data collection, geospatial analysis, and coverage
mapping; and
(ii) fairly balanced in terms of technologies, points of
view, and fields represented on the Task Force.
(B) Period of appointment; vacancies.--
(i) In general.--A member of the Committee appointed under
subparagraph (A)(i) shall serve for a single term of 2 years.
(ii) Vacancies.--Any vacancy in the Task Force--
(I) shall not affect the powers of the Task Force; and
(II) shall be filled in the same manner as the original
appointment.
(C) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(5) Reports.--Not later than 1 year after the date on which
the Commission establishes the
[[Page H9950]]
Task Force, and annually thereafter, the Task Force shall
submit to the Chairman of the Commission a report, which
shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(A) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(B) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(C) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(6) Termination.--The Commission shall renew the Task Force
every 2 years until the Task Force terminates on January 1,
2025.
(c) No Additional Funds Authorized.--No additional funds is
authorized to be appropriated to carry out this section. This
section shall be carried out using amounts otherwise
authorized.
SEC. 12512. IMPROVEMENTS TO UNITED STATES DROUGHT MONITOR.
(a) In General.--The Secretary shall coordinate with the
Director of the National Drought Mitigation Center and the
Administrator of the National Oceanic and Atmospheric
Administration to enhance the collection of data to improve
the accuracy of the United States Drought Monitor.
(b) Utilization.--To the maximum extent practicable, the
Secretary shall utilize a consistent source or sources of
data for programs that are based on drought or precipitation
indices, such as the livestock forage disaster program
established under section 1501(c) of the Agricultural Act of
2014 (7 U.S.C. 9081(c)) or policies or plans of insurance
established under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(c) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct a review
of--
(1) the types of data currently utilized by the United
States Drought Monitor;
(2) the geographic coverage and density of existing data
collection sites; and
(3) other meteorological or climatological data that is
being collected by other Federal agencies, State and local
governments, and non-Federal entities that could be utilized
by the United States Drought Monitor.
(d) Improvements.--
(1) In general.--Upon the completion of the review
prescribed in subsection (c), the Secretary shall--
(A) seek to expand the collection of relevant data in
States or geographic areas where coverage is currently
lacking as compared to other States or geographic areas; and
(B) to the maximum extent practicable, develop standards to
allow the integration of meteorological or climatological
data into the United States Drought Monitor derived from--
(i) in-situ soil moisture profile measuring devices;
(ii) citizen science (as defined in the Crowdsourcing and
Citizen Science Act (15 U.S.C. 3724)), including data from
the Cooperative Observer Program of the National Weather
Service; and
(iii) other Federal agencies, State and local governments,
and non-Federal entities.
(2) Authorization of appropriations.--There is to be
authorized to be appropriated to the Secretary to carry out
this subsection $5,000,000 for each of fiscal years 2019
through 2023.
SEC. 12513. DAIRY BUSINESS INNOVATION INITIATIVES.
(a) Definitions.--In this section:
(1) Dairy business.--The term ``dairy business'' means a
business that develops, produces, markets, or distributes
dairy products.
(2) Initiative.--The term ``initiative'' means a dairy
product and business innovation initiative established under
subsection (b).
(b) Establishment.--The Secretary shall establish not less
than 3 regionally-located dairy product and business
innovation initiatives for the purposes of--
(1) diversifying dairy product markets to reduce risk and
develop higher-value uses for dairy products;
(2) promoting business development that diversifies farmer
income through processing and marketing innovation; and
(3) encouraging the use of regional milk production.
(c) Selection of Initiatives.--An initiative--
(1) shall be positioned to draw on existing dairy industry
resources, including activities conducted by the National
Dairy Promotion and Research Board and other dairy promotion
entities, research capacity, academic and industry expertise,
a density of dairy farms or farmland suitable for dairying,
and dairy businesses; and
(2) may serve a certain product niche, such as specialty
cheese, or serve dairy businesses with dairy products derived
from the milk of a specific type of dairy animal, including
dairy products made from cow milk, sheep milk, and goat milk.
(d) Entities Eligible To Host Initiative.--
(1) In general.--Subject to paragraph (2), any of the
following entities may submit to the Secretary an application
to host an initiative:
(A) A State department of agriculture or other State
entity.
(B) A nonprofit organization.
(C) An institution of higher education.
(D) A cooperative extension service.
(2) Capacity of eligible entity.--Any entity described in
subparagraphs (A) through (D) of paragraph (1) shall be
eligible to submit an application under that paragraph if the
entity has--
(A) a capacity to provide consultation and expertise
necessary to advance the purpose and activities of the
proposed initiative; and
(B) expertise in grant distribution and tracking.
(3) Ineligible entity.--A dairy promotion program shall not
be eligible to host an initiative under this section.
(e) Partners.--
(1) In general.--An entity described in subsection (d)(1)
may establish as a partner an organization or entity
described in paragraph (2)--
(A) prior to the submission of the application under that
subsection; or
(B) after approval of the application, in consultation with
the Secretary.
(2) Partner described.--A partner under paragraph (1) shall
be an organization or entity with expertise or experience in
dairy, including the marketing, research, education, or
promotion of dairy.
(f) Activities of Initiatives.--
(1) Direct assistance to dairy businesses.--An initiative
shall provide nonmonetary assistance directly to dairy
businesses through private consultation or widely available
distribution--
(A) by the entity that hosts the initiative under
subsection (d)(1);
(B) through contracting with industry experts;
(C) through the provision of technical assistance, such as
informational websites, webinars, conferences, trainings,
plant tours, and field days; or
(D) through research institutions, including cooperative
extension services.
(2) Types of assistance.--Eligible forms of assistance
include--
(A) business consulting, including business plan
development for processed dairy products, strategic planning
assistance, and distribution and supply chain innovation;
(B) marketing and branding assistance, including market
messaging, packaging innovation, consumer assessments,
innovation in emerging market opportunities, and evaluation
of regional, national, and international markets;
(C) assistance in product innovation, including the
development of value-added products, innovation in byproduct
reprocessing and use maximization, and dairy product
production training, including in new, rare, or innovative
techniques; and
(D) other nonmonetary assistance, as determined by the
Secretary.
(3) Grants to dairy businesses.--
(A) In general.--An initiative shall provide grants on a
competitive basis to new and existing dairy businesses for
the purposes of--
(i) modernization, specialization, and grazing transition
on dairy farms;
(ii) value chain and commodity innovation and facility and
process updates for dairy processors; and
(iii) product development, packaging, and marketing of
dairy products.
(B) Grants to certain entities.--An initiative may provide
a grant on a noncompetitive basis to an entity that receives
assistance under paragraph (1) to advance the business
activities recommended as a result of that assistance.
(C) Grant amounts.--Grants provided under this paragraph
shall not exceed $500,000, unless a greater amount is
approved by the Secretary.
(4) Consultation.--An entity that hosts an initiative shall
consult with the National Dairy Promotion and Research Board,
the Secretary, and the Administrator of the Agricultural
Marketing Service in carrying out the initiative.
(5) Conflict of interest.--
(A) In general.--The Secretary shall establish guidelines
and procedures to prevent any conflict of interest or the
appearance of a conflict of interest by an initiative
(including a partner of the initiative) during the allocation
of direct assistance under paragraph (1) or grant funding
under paragraph (3).
(B) Penalty.--The Secretary may suspend or terminate an
initiative if the initiative (including a partner of the
initiative) is found to be in violation of the guidelines and
procedures established under subparagraph (A).
(g) Distribution of Funds.--
(1) In general.--Using the funds made available to carry
out this section, the Secretary--
(A) shall provide not less than 3 awards to eligible
entities described in subsection (d) for the purposes of
carrying out the activities under subsection (f); and
(B) is encouraged to award funds under subparagraph (A) in
multiyear funding allocations.
(2) Use of funds.--Not less than 50 percent of the funds
made available under subsection (i) shall be allocated to
grants under subsection (f)(3).
(3) Priority.--An entity hosting an initiative shall give
priority to the provision of direct assistance under
subsection (f)(1) and grants under subsection (f)(3) to--
(A) dairy farms and dairy businesses with limited access to
other forms of assistance;
(B) employee-owned dairy businesses;
(C) cooperatives; and
(D) dairy businesses that seek to create dairy products
that add substantial value in processing or marketing, such
as specialty cheeses.
(4) Requirement.--Assistance or a grant shall not be made
available to a foreign person making direct investment (as
those terms are defined in section 801.2 of title 15, Code of
Federal Regulations (or successor regulations)) in the United
States in the case of--
(A) direct assistance under subsection (f)(1) that is
provided to a specific dairy business and is not publicly
available, as determined by the Secretary; or
(B) a grant under subsection (f)(3).
(5) Supplementation.--To the extent practicable, the
Secretary shall ensure that funds provided to an initiative
supplement, and do not duplicate or replace, existing dairy
product research, development, and promotion activities.
[[Page H9951]]
(h) Report.--Not later than January 31, 2022, the Secretary
shall submit to Congress a report on the outcomes of the
program under this section and any related activities and
opportunities to further increase dairy innovation.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each fiscal year.
SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF
FOOD AND AGRICULTURE AND OTHER EXTENSION
PROGRAMS.
(a) In General.--Not later than 2 years after the date on
which the census of agriculture required to be conducted in
calendar year 2017 under section 2 of the Census of
Agriculture Act of 1997 (7 U.S.C. 2204g) is released, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the funding necessary to adequately address the needs of the
National Institute of Food and Agriculture, activities
carried out under the Smith-Lever Act (7 U.S.C. 341 et seq.),
and research and extension programs carried out at an 1890
Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)) or an institution designated under the Act of
July 2, 1862 (commonly known as the ``First Morrill Act'')
(12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), to provide
adequate services for the growth and development of the
economies of rural communities based on the changing
demographic in the rural and farming communities in the
various States.
(b) Requirements.--In preparing the report under subsection
(a), the Secretary shall focus on the funding needs of the
programs described in subsection (a) with respect to carrying
out activities relating to small and diverse farms and
ranches, veteran farmers and ranchers, value-added
agriculture, direct-to-consumer sales, and specialty crops.
SEC. 12515. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR
HUMAN CONSUMPTION.
(a) In General.--Except as provided in subsection (c), no
person may--
(1) knowingly slaughter a dog or cat for human consumption;
or
(2) knowingly ship, transport, move, deliver, receive,
possess, purchase, sell, or donate--
(A) a dog or cat to be slaughtered for human consumption;
or
(B) a dog or cat part for human consumption.
(b) Scope.--Subsection (a) shall apply only with respect to
conduct--
(1) in or affecting interstate commerce or foreign
commerce; or
(2) within the special maritime and territorial
jurisdiction of the United States.
(c) Exception for Indian Tribes.--The prohibition in
subsection (a) shall not apply to an Indian (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)) carrying out any activity
described in subsection (a) for the purpose of a religious
ceremony.
(d) Penalty.--Any person who violates subsection (a) shall
be subject to a fine in an amount not greater than $5,000 for
each violation.
(e) Effect On State Law.--Nothing in this section--
(1) limits any State or local law or regulation protecting
the welfare of animals; or
(2) prevents a State or unit of local government from
adopting and enforcing an animal welfare law or regulation
that is more stringent than this section.
SEC. 12516. LABELING EXEMPTION FOR SINGLE INGREDIENT FOODS
AND PRODUCTS.
The food labeling requirements under section 403(q) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) shall
not require that the nutrition facts label of any single-
ingredient sugar, honey, agave, or syrup, including maple
syrup, that is packaged and offered for sale as a single-
ingredient food bear the declaration ``Includes X g Added
Sugars.''.
SEC. 12517. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA
PEANUT PRODUCING REGION.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is
amended by striking ``Virginia and North Carolina'' and
inserting ``Virginia, North Carolina, and South Carolina''.
SEC. 12518. FOREST SERVICE HIRE AUTHORITY.
(a) In General.--The Secretary of Agriculture may appoint,
without regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, other than sections 3303
and 3328 of such title, a qualified candidate described in
subsection (b) directly to a position with the Department of
Agriculture, Forest Service for which the candidate meets
Office of Personnel Management qualification standards.
(b) Qualifications.--Subsection (a) applies to a former
resource assistant (as defined in section 203 of the Public
Land Corps Act (16 U.S.C. 1722)) who--
(1) completed a rigorous internship with a land managing
agency, such as the Forest Service Resource Assistant
Program;
(2) successfully fulfilled the requirements of the
internship program; and
(3) earned an undergraduate or graduate degree from an
accredited institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)).
(c) Limitation.--The direct hire authority under this
section may not be exercised with respect to a specific
qualified candidate after the end of the 2-year period
beginning on the date on which the candidate completed the
undergraduate or graduate degree, as the case may be, or has
successfully fulfilled the requirements of the internship
program, whichever is later.
SEC. 12519. CONVERSION AUTHORITY.
The Secretary may, notwithstanding subchapter I of chapter
33 of title 5, United States Code, governing appointments in
the competitive or excepted service, noncompetitively convert
to an appointment in the competitive service, in an agency or
office within the Department of Agriculture, a recent
graduate or student who is a United States citizen and has
been awarded and successfully completed a scholarship program
granted to the individual by the Department through the 1890
National Scholars Program or the 1994 Tribal Scholars Program
carried out by the Department, provided the individual meets
the requirements for such conversion and meets Office of
Personnel Management qualification standards, as determined
by the Secretary. Nothing in the preceding sentence shall be
construed as requiring the Secretary to convert an individual
under the authority under such sentence.
SEC. 12520. AUTHORIZATION OF PROTECTION OPERATIONS FOR THE
SECRETARY OF AGRICULTURE AND OTHERS.
(a) In General.--The Department of Agriculture is
authorized to employ qualified law enforcement officers or
special agents to provide--
(1) protection for the Secretary and the Deputy Secretary
during the performance of official duties by each such
officer and during any activity that is preliminary or
postliminary to the performance of official duties by each
such officer;
(2) protection, incidental to the protection provided
pursuant to paragraph (1), to an individual accompanying each
such officer who is participating in an activity or event
relating to the official duties of each such officer when
there is an articulable threat to such individual;
(3) continuous protection to the Secretary and Deputy
Secretary (including during periods not described in
paragraph (1)) if there is an articulable threat of physical
harm, in accordance with guidelines established by the
Secretary; and
(4) protection of another senior officer representing the
Secretary (including a person nominated to be the Secretary
during the pendency of such nomination) if there is an
articulable threat of physical harm, in accordance with
guidelines established by the Secretary.
(b) Authorities of the Protective Operation.--
(1) In general.--The Secretary may authorize officers or
special agents employed pursuant to subsection (a)--
(A) to carry firearms;
(B) to conduct criminal investigations into potential
threats to the security of persons protected under this
section;
(C) to make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
(D) to perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events; and
(E) to coordinate with local law enforcement agencies.
(2) Guidelines.--The authority conveyed under this section
shall be exercised in accordance with any--
(A) guidelines issued by the Attorney General; and
(B) such additional guidelines as may be issued by the
Secretary.
(c) Exception.--The authorities granted under this section
may be exercised notwithstanding section 1343(b)(1) of title
31, United States Code.
(d) Report.--Not later than September 30, 2019, and each
September 30 through 2024, the Secretary shall provide to the
Committee on Agriculture of the House of Representatives and
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the protection provided, and
accounting for the expenditures made, pursuant to this
section.
PART II--NATIONAL OILHEAT RESEARCH ALLIANCE
SEC. 12531. NATIONAL OILHEAT RESEARCH ALLIANCE.
(a) In General.--Section 713 of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public
Law 106-469) is amended by striking ``18 years'' and
inserting ``28 years''.
(b) Limitation on Obligations of Funds.--The National
Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by inserting after section 707
the following:
``SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
``(a) In General.--In each calendar year of the covered
period, the Alliance may not obligate an amount greater than
the sum of--
``(1) 75 percent of the amount of assessments estimated to
be collected under section 707 in that calendar year;
``(2) 75 percent of the amount of assessments actually
collected under section 707 in the most recent calendar year
for which an audit report has been submitted under section
706(f)(2)(B) as of the beginning of the calendar year for
which the amount that may be obligated is being determined,
less the estimate made pursuant to paragraph (1) for that
most recent calendar year; and
``(3) amounts permitted in preceding calendar years to be
obligated pursuant to this subsection that have not been
obligated.
``(b) Excess Amounts Deposited in Escrow Account.--
Assessments collected under section 707 in excess of the
amount permitted to be obligated under subsection (a) in a
calendar year shall be deposited in an escrow account for the
duration of the covered period.
``(c) Treatment of Amounts in Escrow Account.--
``(1) In general.--During the covered period, the Alliance
may not obligate, expend, or borrow against amounts required
under subsection (b) to be deposited in the escrow account.
[[Page H9952]]
``(2) Interest.--Any interest earned on amounts described
in paragraph (1) shall be--
``(A) deposited in the escrow account; and
``(B) unavailable for obligation for the duration of the
covered period.
``(d) Release of Amounts in Escrow Account.--Beginning on
October 1, 2028, the Alliance may withdraw and obligate any
amount in the escrow account.
``(e) Covered Period Defined.--In this section, the term
`covered period' means the period that begins on February 6,
2019, and ends on September 30, 2028.''.
(c) Conforming Amendments.--The National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-
469) is amended--
(1) in section 706(d)(1), by striking ``not exceed 7
percent of the amount of assessments collected in any
calendar year, except that during the first year of operation
of the Alliance such expenses and amounts shall not exceed 10
percent of the amount of assessments'' and inserting ``not
exceed 7 percent of the amount of assessments collected in
any calendar year that are permitted to be obligated in that
calendar year''; and
(2) in section 707--
(A) in subsection (e), by inserting ``that are permitted to
be obligated'' after ``amount of assessments collected in the
State'' each place it appears; and
(B) in subsection (f), by inserting ``and permitted to be
obligated'' after ``assessments collected'' each place it
appears.
Subtitle F--General Provisions
SEC. 12601. BAITING OF MIGRATORY GAME BIRDS.
(a) Definitions.--In this section:
(1) Normal agricultural operation.--The term ``normal
agricultural operation'' has the meaning given the term in
section 20.11 of title 50, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(2) Post-disaster flooding.--The term ``post-disaster
flooding'' means the destruction of a crop through flooding
in accordance with practices required by the Federal Crop
Insurance Corporation for agricultural producers to obtain
crop insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which a crop was not harvestable due
to a natural disaster (including any hurricane, storm,
tornado, flood, high water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide, mudslide,
drought, fire, snowstorm, or other catastrophe that is
declared a major disaster by the President in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170)) in the crop year--
(A) in which the natural disaster occurred; or
(B) immediately preceding the crop year in which the
natural disaster occurred.
(3) Rice ratooning.--The term ``rice ratooning'' means the
agricultural practice of harvesting rice by cutting the
majority of the aboveground portion of the rice plant but
leaving the roots and growing shoot apices intact to allow
the plant to recover and produce a second crop yield.
(b) Regulations to Exclude Rice Ratooning and Post-disaster
Flooding.--Not later than 30 days after the date of enactment
of this Act, the Secretary of the Interior, in consultation
with the Secretary of Agriculture, shall revise part 20 of
title 50, Code of Federal Regulations, to clarify that rice
ratooning and post-disaster flooding, when carried out as
part of a normal agricultural operation, do not constitute
baiting.
(c) Reports.--Not less frequently than once each year--
(1) the Secretary of Agriculture shall submit to the
Secretary of the Interior a report that describes any changes
to normal agricultural operations across the range of crops
grown by agricultural producers in each region of the United
States in which the official recommendations described in
section 20.11(h) of title 50, Code of Federal Regulations (as
in effect on the date of enactment of this Act), are provided
to agricultural producers; and
(2) the Secretary of the Interior, in consultation with the
Secretary of Agriculture and after seeking input from the
heads of State departments of fish and wildlife or the
Regional Migratory Bird Flyway Councils of the United States
Fish and Wildlife Service, shall publicly post a report on
the impact that rice ratooning and post-disaster flooding
have on the behavior of migratory game birds that are hunted
in the area in which rice ratooning and post-disaster
flooding, respectively, have occurred.
SEC. 12602. PIMA AGRICULTURE COTTON TRUST FUND.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended--
(1) by striking ``2018'' each place it appears and
inserting ``2023'';
(2) by striking ``calendar year 2013'' each place it
appears and inserting ``the prior calendar year'';
(3) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``(2) Twenty-five'' and inserting
the following:
``(2)(A) Except as provided in subparagraph (B), twenty-
five'';
(C) in subparagraph (A)(ii) (as so designated), by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(D) by adding at the end the following:
``(B)(i) A yarn spinner shall not receive an amount under
subparagraph (A) that exceeds the cost of pima cotton that--
``(I) was purchased during the prior calendar year; and
``(II) was used in spinning any cotton yarns.
``(ii) The Secretary shall reallocate any amounts reduced
by reason of the limitation under clause (i) to spinners
using the ratio described in subparagraph (A), disregarding
production of any spinner subject to that limitation.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``(b)(2)(A)'' and inserting ``(b)(2)(A)(i)'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) the dollar amount of pima cotton purchased during the
prior calendar year--
``(A) that was used in spinning any cotton yarns; and
``(B) for which the producer maintains supporting
documentation.'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``by
the Secretary--'' and inserting ``by the Secretary not later
than March 15 of the applicable calendar year.''; and
(B) by striking paragraphs (1) and (2); and
(6) in subsection (f), by striking ``subsection (b)--'' in
the matter preceding paragraph (1) and all that follows
through ``not later than'' in paragraph (2) and inserting
``subsection (b) not later than''.
SEC. 12603. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113-79) is amended--
(1) by striking ``2019'' each place it appears and
inserting ``2023'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``the
payment--'' and inserting ``the payment, payments in amounts
authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``4002(c)--'' and inserting ``4002(c), payments in amounts
authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(B) in paragraph (2), by striking ``submitted--'' in the
matter preceding subparagraph (A) and all that follows
through ``to the Secretary'' in subparagraph (B) and
inserting ``submitted to the Secretary''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``subsection (b)--'' and inserting ``subsection (b) not later
than April 15 of the year of the payment.''; and
(B) by striking paragraphs (1) and (2).
SEC. 12604. WOOL RESEARCH AND PROMOTION.
Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113-79) is amended by striking ``2015
through 2019'' and inserting ``2019 through 2023''.
SEC. 12605. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT
TRUST FUND.
(a) Definition of Citrus.--In this section, the term
``citrus'' means edible fruit of the family Rutaceae,
including any hybrid of that fruit and any product of that
hybrid that is produced for commercial purposes in the United
States.
(b) Establishment of Trust Fund.--There is established in
the Treasury of the United States a trust fund, to be known
as the Emergency Citrus Disease Research and Development
Trust Fund (referred to in this section as the ``Citrus Trust
Fund''), consisting of such amounts as shall be transferred
to the Citrus Trust Fund pursuant to subsection (d).
(c) Use of Fund.--From amounts in the Citrus Trust Fund,
the Secretary shall, beginning in fiscal year 2019, carry out
the Emergency Citrus Disease Research and Extension Program
in section 412(j) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7632(j)).
(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Citrus Trust
Fund $25,000,000 for each of fiscal years 2019 through 2023,
to remain available until expended.
SEC. 12606. EXTENSION OF MERCHANDISE PROCESSING FEES.
Section 503 of the United States-Korea Free Trade Agreement
Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note)
is amended by striking ``February 24, 2027'' and inserting
``May 26, 2027''.
SEC. 12607. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP
DATA COLLECTION.
(a) Land Access.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, in
consultation with the Chief Economist, shall submit to
Congress and make publicly available a report identifying--
(1) the barriers that prevent or hinder the ability of
beginning farmers and ranchers (as defined in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a))) and socially disadvantaged farmers and
ranchers (as defined in such section) to acquire or access
farmland;
(2) the extent to which Federal programs, including
agricultural conservation easement programs, land transition
programs, and financing programs, are improving--
(A) farmland access and tenure for beginning farmers and
ranchers and socially disadvantaged farmers and ranchers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that
are necessary to improve--
(A) the ability of beginning farmers and ranchers and
socially disadvantaged farmers and ranchers to acquire or
access farmland;
(B) farmland tenure for beginning farmers and ranchers and
socially disadvantaged farmers and ranchers; and
[[Page H9953]]
(C) farmland transition and succession.
(b) Farmland Ownership.--The Secretary shall collect and,
not less frequently than once every 3 years report, data and
analysis on farmland ownership, tenure, transition, and entry
of beginning farmers and ranchers and socially disadvantaged
farmers and ranchers (as those terms are defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a))). In carrying out this subsection,
the Secretary shall, at a minimum--
(1) collect and distribute comprehensive reporting of
trends in farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers and
ranchers and socially disadvantaged farmers and ranchers;
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers
to entry, profitability, and viability of beginning farmers
and ranchers, including a regular follow-on survey to each
Census of Agriculture with results of the follow-on survey
made public not later than 3 years after the previous Census
of Agriculture; and
(3) require the National Agricultural Statistics Service to
include in the Tenure, Ownership, and Transition of
Agricultural Land survey questions relating to--
(A) the extent to which non-farming landowners are
purchasing and holding onto farmland for the sole purpose of
real estate investment;
(B) the impact of these farmland ownership trends on the
successful entry and viability of beginning farmers and
ranchers and socially disadvantaged farmers and ranchers;
(C) the extent to which farm and ranch land with undivided
interests and no administrative authority identified have
farms or ranches operating on that land; and
(D) the impact of land tenure patterns, categorized by--
(i) race, gender, and ethnicity; and
(ii) region.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each fiscal years 2019 through 2023, to remain available
until expended.
SEC. 12608. REAUTHORIZATION OF RURAL EMERGENCY MEDICAL
SERVICES TRAINING AND EQUIPMENT ASSISTANCE
PROGRAM.
Section 330J of the Public Health Service Act (42 U.S.C.
254c-15) is amended--
(1) in subsection (a), by striking ``in rural areas'' and
inserting ``in rural areas or to residents of rural areas'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Eligibility; Application.--To be eligible to receive
grant under this section, an entity shall--
``(1) be--
``(A) an emergency medical services agency operated by a
local or tribal government (including fire-based and non-fire
based); or
``(B) an emergency medical services agency that is
described in section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code;
and
``(2) submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--An entity--
``(1) shall use amounts received through a grant under
subsection (a) to--
``(A) train emergency medical services personnel as
appropriate to obtain and maintain licenses and
certifications relevant to service in an emergency medical
services agency described in subsection (b)(1);
``(B) conduct courses that qualify graduates to serve in an
emergency medical services agency described in subsection
(b)(1) in accordance with State and local requirements;
``(C) fund specific training to meet Federal or State
licensing or certification requirements; and
``(D) acquire emergency medical services equipment; and
``(2) may use amounts received through a grant under
subsection (a) to--
``(A) recruit and retain emergency medical services
personnel, which may include volunteer personnel;
``(B) develop new ways to educate emergency health care
providers through the use of technology-enhanced educational
methods; or
``(C) acquire personal protective equipment for emergency
medical services personnel as required by the Occupational
Safety and Health Administration.
``(d) Grant Amounts.--Each grant awarded under this section
shall be in an amount not to exceed $200,000.
``(e) Definitions.--In this section:
``(1) The term `emergency medical services'--
``(A) means resources used by a public or private nonprofit
licensed entity to deliver medical care outside of a medical
facility under emergency conditions that occur as a result of
the condition of the patient; and
``(B) includes services delivered (either on a compensated
or volunteer basis) by an emergency medical services provider
or other provider that is licensed or certified by the State
involved as an emergency medical technician, a paramedic, or
an equivalent professional (as determined by the State).
``(2) The term `rural area' means--
``(A) a nonmetropolitan statistical area;
``(B) an area designated as a rural area by any law or
regulation of a State; or
``(C) a rural census tract of a metropolitan statistical
area (as determined under the most recent rural urban
commuting area code as set forth by the Office of Management
and Budget).
``(f) Matching Requirement.--The Secretary may not award a
grant under this section to an entity unless the entity
agrees that the entity will make available (directly or
through contributions from other public or private entities)
non-Federal contributions toward the activities to be carried
out under the grant in an amount equal to 10 percent of the
amount received under the grant.''; and
(3) in subsection (g)(1), by striking ``2002 through 2006''
and inserting ``2019 through 2023''.
SEC. 12609. COMMISSION ON FARM TRANSITIONS--NEEDS FOR 2050.
(a) Establishment.--There is established a commission to be
known as the Commission on Farm Transitions-Needs for 2050
(referred to in this section as the ``Commission'').
(b) Study.--The Commission shall conduct a study on issues
impacting the transition of agricultural operations from
established farmers and ranchers to the next generation of
farmers and ranchers, including--
(1) access to, and availability of--
(A) quality land and necessary infrastructure;
(B) affordable credit;
(C) adequate risk management tools; and
(D) apprenticeship and mentorship programs;
(2) agricultural asset transfer strategies in use as of the
date of the enactment of this Act and improvements to such
strategies;
(3) incentives that may facilitate agricultural asset
transfers to the next generation of farmers and ranchers,
including an assessment of, and recommendations for, how
existing and new Federal tax policies--
(A) facilitate lifetime and estate transfers; and
(B) impact individuals seeking to farm who do not have
family farm lineage or access to farmland;
(4) the causes of the failures of such transitions, if any;
and
(5) the effectiveness of programs and incentives providing
assistance with respect to such transitions in effect on the
date of the enactment of this Act and opportunities for the
revision or improvement of such programs.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, as follows:
(A) 3 members appointed by the Secretary.
(B) 3 members appointed by the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(C) 3 members appointed by the Committee on Agriculture of
the House of Representatives.
(D) The Chief Economist of the Department of Agriculture.
(2) Federal government employment.--In addition to the
Chief Economist of the Department of Agriculture, the
membership of the Commission may include 1 or more employees
of the Department of Agriculture or other Federal agencies.
(3) Date of appointments.--The appointment of all members
of the Commission shall be made not later than 60 days after
the date of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member shall be appointed for the life of the
Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(d) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business,
but a lesser number of members may hold hearings.
(e) Chairperson.--The Secretary shall appoint 1 of the
members of the Commission to serve as Chairperson of the
Commission.
(f) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
President, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report containing the results of
the study required by subsection (b), including such
recommendations as the Commission considers appropriate.
(g) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(h) Information From Federal Agencies.--The Commission may
secure directly from a Federal agency such information as the
Commission considers necessary to carry out this section. On
request of the Chairperson of the Commission, the head of the
agency shall provide the information to the Commission.
(i) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as other agencies of the Federal Government.
(j) Assistance From Secretary.--The Secretary may provide
to the Commission appropriate office space and such
reasonable administrative and support services as the
Commission may request.
(k) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under
[[Page H9954]]
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Commission.
(l) Federal Advisory Committee Act.--Sections 9 and 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission or any proceeding of the Commission.
(m) Termination.--The Commission shall terminate on
September 30, 2023.
SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS
ACT.
(a) Geographic Boundaries for Official Agencies.--Section 7
of the United States Grain Standards Act (7 U.S.C. 79) is
amended--
(1) in subsection (f)(2)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (iii), and (iv), respectively, and indenting
appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``Not more'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), not more'';
(C) in subparagraph (A) (as so designated), in the matter
preceding clause (i) (as so redesignated), by striking
``Secretary, except that, if'' and inserting the following:
``Secretary.
``(B) Exceptions.--Subject to subsection (g)(4)(A), if'';
(D) in subparagraph (B) (as so designated), by inserting
after clause (i) the following:
``(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection
services from the current designated official agency for that
geographic area;''; and
(E) by adding at the end the following:
``(C) Termination of nonuse of service exception.--The
exception under subparagraph (B)(ii) may only be terminated
if all parties to that exception jointly agree on the
termination, unless terminated according to subsection
(g)(4)(A).
``(D) Restoration of certain exceptions.--
``(i) Definition of eligible grain handling facility.--In
this subparagraph, the term `eligible grain handling
facility' means a grain handling facility that--
``(I) was granted an exception under the final rule
entitled `Exceptions to Geographic Areas for Official
Agencies Under the USGSA' (68 Fed. Reg. 19137 (April 18,
2003)); and
``(II) had that exception revoked between September 30,
2015, and the date of enactment of the Agriculture
Improvement Act of 2018.
``(ii) Restoration of exceptions.--Within 90 days of
notification from an eligible grain handling facility, the
Secretary shall restore an exception described in clause
(i)(I) with an official agency if--
``(I) the eligible grain handling facility and the former
excepted official agency agree to restore that exception; and
``(II) the eligible grain handling facility notifies the
Secretary of the preferred date for restoration of the
exception within 90 days of enactment of the Agriculture
Improvement Act of 2018.''; and
(2) in subsection (g), by adding at the end the following:
``(4) Effect on exceptions.--
``(A) In general.--The exceptions under clauses (ii) and
(iv) of subsection (f)(2)(B) shall not apply if the
designation of an official agency is terminated, pursuant to
paragraph (1).
``(B) Designation renewed or restored.--If the designation
of an official agency is renewed or restored after being
terminated under paragraph (1), the Secretary may renew or
restore the exceptions under subsection (f)(2)(B) in
accordance with that subsection.''.
(b) Unauthorized Weighing Prohibited.--Section 7A(i)(2) of
the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (iii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``Not more'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), not more'';
(3) in subparagraph (A) (as so designated), in the matter
preceding clause (i) (as so redesignated), by striking
``Secretary, except that, if'' and inserting the following:
``Secretary.
``(B) Exceptions.--If'';
(4) in subparagraph (B) (as so designated)--
(A) in clause (i), by striking ``or'' at the end; and
(B) by inserting after clause (i) the following:
``(ii) a person requesting weighing services in that
geographic area has not been receiving official weighing
services from the current designated official agency for that
geographic area; or''; and
(5) by adding after subparagraph (B) (as so designated)--
``(C) Restoration of certain exceptions.--
``(i) Definition of eligible grain handling facility.--In
this subparagraph, the term `eligible grain handling
facility' means a grain handling facility that--
``(I) was granted an exception under the final rule
entitled `Exceptions to Geographic Areas for Official
Agencies Under the USGSA' (68 Fed. Reg. 19137 (April 18,
2003)); and
``(II) had that exception revoked between September 30,
2015 and the date of enactment of the Agriculture Improvement
Act of 2018.
``(ii) Restoration of exceptions.--Within 90 days of
notification from an eligible grain handling facility, the
Secretary shall restore an exception described in clause
(i)(I) with an official agency if--
``(I) the eligible grain handling facility and the former
excepted official agency agree to restore that exception; and
``(II) the eligible grain handling facility notifies the
Secretary of the preferred date for restoration of the
exception within 90 days of enactment of the Agriculture
Improvement Act of 2018.''.
(c) Technical Correction.--Section 7(f)(1) of the United
States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by
indenting subparagraph (C) appropriately.
SEC. 12611. CONFERENCE REPORT REQUIREMENT THRESHOLD.
Section 14209(a)(3)(A) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by
striking ``$10,000'' and inserting ``$50,000''.
SEC. 12612. NATIONAL AGRICULTURE IMAGERY PROGRAM.
(a) In General.--The Secretary of Agriculture, acting
through the Administrator of the Farm Service Agency, shall
carry out a national agriculture imagery program to annually
acquire aerial imagery during agricultural growing seasons
from the continental United States.
(b) Data.--The aerial imagery acquired under this section
shall--
(1) consist of high resolution processed digital imagery;
(2) be made available in a format that can be provided to
Federal, State, and private sector entities;
(3) be technologically compatible with geospatial
information technology; and
(4) be consistent with the standards established by the
Federal Geographic Data Committee.
(c) Supplemental Satellite Imagery.--The Secretary of
Agriculture may supplement the aerial imagery collected under
this section with satellite imagery.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $23,000,000 for
fiscal year 2019 and each fiscal year thereafter.
SEC. 12613. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS IN
COMMODITY PROMOTION, RESEARCH, AND INFORMATION
ACT OF 1996.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report examining the effect the establishment of a
Natural Stone Research and Promotion Board pursuant to the
Commodity Promotion, Research, and Information Act of 1996 (7
U.S.C. 7401 et seq.) would have on the natural stone
industry, including how such a program would effect--
(1) research conducted on, and the promotion of, natural
stone;
(2) the development and expansion of domestic markets for
natural stone;
(3) economic activity of the natural stone industry subject
to such a Board;
(4) economic development in rural areas; and
(5) benefits to consumers in the United States of natural
stone products.
SEC. 12614. ESTABLISHMENT OF FOOD ACCESS LIAISON.
(a) In General.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et
seq.), as amended by sections 12202, 12302, 12403, and 12504,
is amended by adding at the end the following:
``SEC. 225. FOOD ACCESS LIAISON.
``(a) Establishment.--The Secretary shall establish the
position of Food Access Liaison to coordinate Department
programs to reduce barriers to food access and monitor and
evaluate the progress of such programs in accordance with
this section.
``(b) Duties.--The Food Access Liaison shall--
``(1) coordinate the efforts of the Department, including
regional offices, to experiment and consider programs and
policies aimed at reducing barriers to food access for
consumers, including but not limited to participants in
nutrition assistance programs;
``(2) provide outreach to entities engaged in activities to
reduce barriers to food access in accordance with the
statutory authorization for each program;
``(3) provide outreach to entities engaged in activities to
reduce barriers to food access, including retailers, markets,
producers, and others involved in food production and
distribution, with respect to the availability of, and
eligibility for, Department programs;
``(4) raise awareness of food access issues in interactions
with employees of the Department;
``(5) make recommendations to the Secretary with respect to
efforts to reduce barriers to food access; and
``(6) submit to Congress an annual report with respect to
the efforts of the Department to reduce barriers to food
access.''.
(b) Technical Assistance.--The Secretary shall provide
technical assistance to entities that are participants, or
seek to participate, in Department of Agriculture programs
related to reduction of barriers to food access.
SEC. 12615. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND
TO OBTAIN A FARM NUMBER.
(a) Definitions.--In this section:
(1) Eligible documentation.--The term ``eligible
documentation'', with respect to land for which a farm
operator seeks assignment of a farm number under subsection
(b)(1), includes--
(A) in States that have adopted a statute consisting of an
enactment or adoption of the Uniform Partition of Heirs
Property Act, as approved and recommended for enactment in
all States by the National Conference of Commissioners on
Uniform State Laws in 2010--
(i) a court order verifying the land meets the definition
of heirs property (as defined in that Act); or
(ii) a certification from the local recorder of deeds that
the recorded owner of the land is deceased and not less than
1 heir of the recorded owner of the land has initiated a
procedure to retitle the land in the name of the rightful
heir;
(B) a fully executed, unrecorded tenancy-in-common
agreement that sets out ownership
[[Page H9955]]
rights and responsibilities among all of the owners of the
land that--
(i) has been approved by a majority of the ownership
interests in that property;
(ii) has given a particular owner the right to manage and
control any portion or all of the land for purposes of
operating a farm or ranch; and
(iii) was validly entered into under the authority of the
jurisdiction in which the land is located;
(C) the tax return of a farm operator farming a property
with undivided interests for each of the 5 years preceding
the date on which the farm operator submits the tax returns
as eligible documentation under subsection (b);
(D) self-certification that the farm operator has control
of the land for purposes of operating a farm or ranch; and
(E) any other documentation identified by the Secretary
under subsection (c).
(2) Farm number.--The term ``farm number'' has the meaning
given the term in section 718.2 of title 7, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(b) Farm Number.--
(1) In general.--The Secretary shall provide for the
assignment of a farm number to any farm operator who provides
any form of eligible documentation for purposes of
demonstrating that the farm operator has control of the land
for purposes of defining that land as a farm.
(2) Eligibility.--Any farm number provided under paragraph
(1) shall be sufficient to satisfy any requirement of the
Secretary to have a farm number to participate in a program
of the Secretary.
(c) Eligible Documentation.--The Secretary shall identify
alternative forms of eligible documentation that a farm
operator may provide in seeking the assignment of a farm
number under subsection (b)(1).
SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE
TERRITORIES.
(a) In General.--Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Except as provided in
paragraph (3), it'' and inserting ``It''; and
(B) by striking paragraph (3);
(2) by striking subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), (i),
and (j) as subsections (d), (e), (f), (g), (h), and (i),
respectively.
(b) Use of Postal Service or Other Interstate
Instrumentalities.--Section 26(c) of the Animal Welfare Act
(7 U.S.C. 2156(c)) is amended by striking ``(e)'' and
inserting ``(d)''.
(c) Criminal Penalties.--Subsection (i) of section 26 of
the Animal Welfare Act (7 U.S.C. 2156), as redesignated by
section 2(3), is amended by striking ``(e)'' and inserting
``(d)''.
(d) Enforcement of Animal Fighting Prohibitions.--Section
49(a) of title 18, United States Code, is amended by striking
``(e)'' and inserting ``(d)''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 12617. EXEMPTION OF EXPORTATION OF CERTAIN ECHINODERMS
FROM PERMISSION AND LICENSING REQUIREMENTS.
(a) Definitions.--In this section:
(1) Conservation and management.--The term ``conservation
and management'' has the meaning given the term in section 3
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802).
(2) Marine fisheries commission.--The term ``Marine
Fisheries Commission'' means an interstate commission (as
that term is used in the Interjurisdictional Fisheries Act of
1986 (16 USC 4101 et seq.)).
(3) State jurisdiction.--The term ``State jurisdiction''
means areas under the jurisdiction and authority of a State
as described in section 306(a)(2) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1856(a)(2)).
(b) Exemption.--Not later than 90 days after the date of
enactment of this Act, the Director of the United States Fish
and Wildlife Service shall amend section 14.92 of title 50,
Code of Federal Regulations, to clarify that--
(1) except as provided in paragraph (2) and subsection
(d)(2)--
(A) fish and wildlife described in subsection (c) are
fishery products exempt from the export permission
requirements of section 9(d)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1538(d)(1)); and
(B) any person may engage in business as an exporter of
fish or wildlife described in subsection (c) without
procuring--
(i) permission under section 9(d)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
(ii) an export license under subpart I of part 14 of title
50, Code of Federal Regulations (or successor regulations);
and
(2) notwithstanding paragraph (1), unless the person has
qualified for and obtained an export license described in
paragraph (1)(B)(ii), any person that has been convicted of 1
or more violations of a Federal law relating to the
importation, transportation, or exportation of wildlife shall
not be permitted, during the 5-year period beginning on the
date of the most recent conviction, to engage in business as
an exporter of fish or wildlife described in subsection (c).
(c) Covered Fish or Wildlife.--The fish or wildlife
referred to in subsection (b) are members of the species
Strongylocentrotus droebachiensis (commonly known as the
``green sea urchin''), including any products of that
species, that--
(1) do not require a permit under part 16, 17, or 23 of
title 50, Code of Federal Regulations (or successor
regulations);
(2)(A) are harvested in waters under State jurisdiction; or
(B) are imported for processing in the United States
pursuant to an import license as required under section 14.91
of title 50, Code of Federal Regulations (or a successor
regulation), and not exempt from import license requirements
under section 14.92 of that title (as in effect on the day
before the date of enactment of this Act); and
(3) are exported for purposes of human or animal
consumption.
(d) Information Collection on Exports.--
(1) In general.--The State agency that regulates or
otherwise oversees a State fishery in which the fish and
wildlife described in subsection (c) are harvested shall
annually transmit the conservation and management data (as
defined in subsection (a)) to the Interstate Fisheries
Management Program Policy Board of the applicable Marine
Fisheries Commission.
(2) Privacy.--Such data thereafter shall not be released
and shall be maintained as confidential by such applicable
Marine Fisheries Commission, including data requested under
the section 552 of title 5, United States Code, unless
disclosure is required under court order or unless the data
is essential for an enforcement action under Federal wildlife
management laws.
(3) Exclusion.--The exemption under subsection (b)(1) shall
not apply in a State if--
(A) the State fails to transmit the data required under
paragraph (1); or
(B) the applicable Marine Fisheries Commission determines,
in consultation with the primary research agency of such
Commission, after notice and an opportunity to comment, that
the data required under paragraph (1) fails to prove that the
State agency or official is engaged in conservation and
management of the fish or wildlife described in subsection
(c).
SEC. 12618. DATA ON CONSERVATION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985
(16 U.S.C. 3841 et seq.) is amended by adding at the end the
following:
``SEC. 1247. DATA ON CONSERVATION PRACTICES.
``(a) Data on Conservation Practices.--The Secretary shall
identify available data sets within the Department of
Agriculture regarding the use of conservation practices and
the effect of such practices on farm and ranch profitability
(including such effects relating to crop yields, soil health,
and other risk-related factors).
``(b) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
includes--
``(1) a summary of the data sets identified under
subsection (a);
``(2) a summary of the steps the Secretary would have to
take to provide access to such data sets by university
researchers, including taking into account any technical,
privacy, or administrative considerations;
``(3) a summary of safeguards the Secretary employs when
providing access to data to university researchers;
``(4) a summary of appropriate procedures to maximize the
potential for research benefits while preventing any
violations of privacy or confidentiality; and
``(5) recommendations for any necessary authorizations or
clarifications of Federal law to allow access to such data
sets to maximize the potential for research benefits.''.
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16) of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended--
(1) by striking ``(16) The'' and inserting ``(16)(A)
Subject to subparagraph (B), the''; and
(2) by striking ``Such term does not include the'' and
inserting the following:
``(B) The term `marihuana' does not include--
``(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
``(ii) the''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), is amended in subsection (c)(17) by inserting after
``Tetrahydrocannabinols'' the following: ``, except for
tetrahydrocannabinols in hemp (as defined under section 297A
of the Agricultural Marketing Act of 1946)''.
And the Senate agree to the same.
From the Committee on Agriculture, for consideration of the
House bill and the Senate amendment, and modifications
committed to conference:
K. Michael Conaway,
Glenn Thompson of Pennsylvania,
Bob Goodlatte,
Frank D. Lucas,
Mike Rogers of Alabama,
Austin Scott of Georgia,
Eric A. ``Rick'' Crawford,
Vicky Hartzler,
Rodney Davis of Illinois,
Ted S. Yoho,
David Rouzer,
Roger W. Marshall,
Jodey C. Arrington,
[[Page H9956]]
Collin C. Peterson,
David Scott of Georgia,
Jim Costa,
Marcia L. Fudge,
James P. McGovern,
Filemon Vela,
Ann M. Kuster of New Hampshire,
Tom O'Halleran,
Virginia Foxx,
Rick W. Allen,
Alma S. Adams,
Kevin Cramer,
Edward R. Royce,
Steve Chabot,
Eliot L. Engel,
Rob Bishop of Utah,
Bruce Westerman,
Raul M. Grijalva,
James Comer,
Ralph Lee Abraham,
Neal P. Dunn,
Eddie Bernice Johnson of Texas,
Jeff Denham,
Bob Gibbs,
Cheri Bustos.
Managers on the Part of the House.
Pat Roberts,
Mitch McConnell,
John Boozman,
John Hoeven,
Joni Ernst,
Debbie Stabenow,
Patrick J. Leahy,
Sherrod Brown,
Heidi Heitkamp.
Managers on the Part of the Senate.
Joint Explanatory Statement of the Committee of Conference
The managers on the part of the Senate and the House at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate 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, submit the following joint
statement to the Senate and the House in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment.
The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are
noted below, except for clerical corrections, conforming
changes made necessary by agreements reached by the
conferees, and minor drafting and clarifying changes.
Title I--Commodities
(1) Definitions
The House bill proposes a freestanding version of the farm
program statutory framework, and provides definitions for 24
terms applicable to the commodity program provisions in
subtitles A and B of the Act. Most are the same as current
law, with exceptions in the following paragraphs of section
1111: (4) Base Acres: technical change is made to cross
reference the same definition in the 2014 Act; (5) Covered
Commodities: updated to include seed cotton in the underlying
definition; (7) Effective Reference Price: defined to mean
the lesser of: (A) An amount equal to 115% of the reference
price for such covered commodity; or (B) An amount equal to
the greater of--(i) the reference price for such covered
commodity; or (ii) 85 percent of the average of the marketing
year average price of the covered commodity for the most
recent 5 crop years, excluding each of the crop years with
the highest and lowest marketing year average price. (9)
Marketing Year Average Price: included as defined term in
lieu of repeated references to ``national average market
price received by producers during the 12-month marketing
year for a covered commodity''; (13) Payment Yield:
conforming amendment is included to reflect reenactment of
new Title I provisions. (21) Temperate Japonica Rice: the
reference to one-time reallocation of base acres under the
Agriculture Act of 2014 is deleted. The House bill also
deletes the current law definitions of ``County Coverage''
and ``Individual Coverage'', consistent with the House bill's
proposal to repeal the Agriculture Risk Coverage (ARC)
individual program. The definition of ``Generic Base Acres''
is also omitted. (Section 1111)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to add a definition of ``effective reference
price'' to section 1111 of the Agricultural Act of 2014.
(Section 1101)
(2) Base Acres
The House bill deletes the provisions in section 1112(a) of
the Agricultural Act of 2014 governing the 2009 through 2012
crop year-based 1-time base reallocation. (Section 1112(a)-
(c)(2))
The Senate amendment amends section 1112(c)(2) to make a
technical correction to update the reference to the wetlands
reserve program to wetland reserve easements. (Section
1709(a))
The Conference substitute adopts the Senate provision.
(Section 1102(a))
The Managers expect the Farm Service Agency (FSA) to
provide information to producers regarding the treatment of
base on a farm prior to a producer making a decision on
whether or not to reenroll the farm in a CRP contract.
(3) Base Acres-Treatment of Unplanted Base Acres
The House bill requires that in the case of a farm on which
no covered commodities (including seed cotton) were planted
during 2009 through 2017, the Secretary shall allocate all
base acres on the farm to unassigned crop base for which no
payment shall be made under the Price Loss Coverage (PLC) or
ARC programs.
The House bill also requires the Secretary to ensure that
producers do not reconstitute the farm to void or change the
treatment of base acres section 1112. (Section 1112(c)((3)-
(c)(4))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to provide that in the case of a farm on which
all of the cropland was planted to grass or pasture
(including cropland that was idle or fallow), as determined
by the Secretary, during 2009 through 2017, the Secretary
shall maintain all base acres and payment yields for the
covered commodities on the farm, except that no payment shall
be made with respect to those base acres under the PLC or ARC
programs for the 2019 through 2023 crop years. In addition,
producers on a farm for which all the base acres are
maintained under this provision are ineligible for the option
to change their PLC/ARC election under new section 1115(h) of
the Agricultural Act of 2014 as added by section 1105 of the
bill. (Section 1102(b))
The Managers intend for base acreage on entire farms
planted to grass and pasture to be limited to include only
FSA crop codes for grass (subcategories of grass and native
grass) and idle (subcategories of fallow and idle) for the
purposes of the provision. The Managers intend for FSA to
electronically maintain all of the base acres on the farm as
the crop base for the covered commodity, along with program
payment yields for the farm. The Managers do not intend for
the base acres to be categorized as unassigned crop base, nor
that unassigned crop base will be affected by this provision.
The Managers do not intend for base acreage planted to
annual forages, such as sorghum-sudangrass or grazed
commodities, to be considered planted to grass and pasture
for the purposes of the provision. The Managers do not intend
for base acreage assigned to idle crop codes (other than
those for the subcategories of idle and fallow) and for base
acreage under a CRP contract to be considered planted to
grass and pasture for the purposes of the provision.
The Managers expect FSA to consult with the Committees
during the process of identifying the base acreage that they
determine to be subject to new section 1112(d)(3).
(4) Payment Yields--Designated Oilseeds
The House bill provides for the establishment of designated
oilseed yields for a farm that does not have a payment yield
under the Agricultural Act of 2014 (same as current law).
The House bill also increases the payment yield for
designated oilseeds from 75 percent to 90 percent of the
average yield per planted acre for the most recent 5 years.
(Section 1113)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to clarify that the payment yield for designated
oilseeds shall be established at 90 percent of the average
yield per planted acre for the most recent 5 years shall
apply only with respect to oilseed designated after the date
of enactment of the Agriculture Improvement Act of 2018.
(Section 1103(a))
(5) Payment Yields-Single Opportunity to Update Yields in
Counties Affected by Drought
The House bill provides: (1) a single opportunity for the
owner of a farm to update yields only where the farm is
physically located in a county that experienced 20 or more
consecutive weeks of exceptional drought during 2008
through 2012; (2) by covered-commodity, yields may be
updated at 90% of average yield per planted acre for the
2013 through 2017 crop years (excluding any year in which
the acreage planted to the covered commodity was zero);
(3) if the farm-level yield is less than 75% of the
average county yield for a covered commodity for any of
the years, then the Secretary shall assign 75% of the
2013-2017 average county yield for the covered commodity
for that crop year; (4) the election must be made in time
for the 2019 crop year; and (5) the average yield for seed
cotton per planted acre equals 2.4 times the average yield
for upland cotton per planted acre. (Section 1113(c))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to provide the owners of all farms in the
country a one-time opportunity to update the payment yield
that would otherwise be used in calculating any PLC payment
for each covered commodity on the farm, based on a formula
specified in the statute, to be in effect beginning with the
2020 crop year. (Section 1103(b))
(6) Payment Acres
The House bill amends the minimum 10 base acre test for PLC
or ARC payments to provide an exception for producers who
collectively have more than 10 base acres across
[[Page H9957]]
all farms in which they have an interest. Section 1114(c)(4)
provides that for each crop year for which fruits, vegetables
(other than mung beans and pulse crops), or wild rice are
planted to base acres on a farm for which a reduction in
payment acres is made, the Secretary shall consider such base
acres to be planted, or prevented from planting, to a covered
commodity for purposes of any adjustment or reduction of base
acres for the farm under section 1112 of the Agricultural Act
of 2014. (Section 1114)
The Senate amendment amends current law section 1114(e) of
the Agricultural Act of 2014 to provide that: (A) 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, that planting and production shall be
considered to be the same as the planting and production of a
covered commodity; and (B) this provision does not authorize
the Secretary to recalculate base acres for a farm. (Section
1101)
The Conference substitute adopts the House provision with
an amendment to add beginning and veteran farmers or ranchers
to the current law exception for socially disadvantaged
farmers and ranchers from the minimum 10 base acre test for
PLC or ARC payments. (Section 1104)
(7) Producer Election
The House bill deletes references to ARC Individual
coverage, but otherwise is consistent with current law,
providing that failure to make a unanimous election for the
2019 crop year results in no program payments on the farm for
the 2019 crop year, and that the producers on the farm are
deemed to have elected PLC for all covered commodities on the
farm for the 2020-2023 crop years. (Section 1115)
The Senate amendment makes current law section 1115(a)
applicable for the 2019 through 2023 crop years. The Senate
amendment also amends current law 1115(c) to provide that
failure to make a unanimous election for the 2019 crop year
results in no program payments to the farm for the 2019 crop
year, and the producers on the farm are deemed to have
elected ARC county coverage for all covered commodities on
the farm for the 2020-2023 crop years. (Section 1102)
The Conference substitute adopts the Senate provision with
an amendment that failure to make a unanimous election for
the 2019 crop year results in no program payments to the farm
for the 2019 crop year, and the producers on the farm are
deemed to have elected the same coverage for each covered
commodity on the farm for the 2020 through 2023 crop years as
was applicable for the 2015 through 2018 crop years. (Section
1105)
(8) Option to Change Producer Election
The Senate amendment amends section 1115 by adding a new
subsection (h) to provide that for the 2021 crop year, all of
the producers on a farm may make a one-time, irrevocable
election to change the election applicable to the producers
on the farm to PLC or ARC, which shall apply to the producers
on the farm for each of the 2021, 2022, and 2023 crop years.
(Section 1106)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to allow producers an opportunity to change
program elections annually beginning with crop year 2021.
(Section 1105(5))
The Managers intend for eligible producers to have the
opportunity to voluntarily change program elections annually
beginning with crop year 2021 under similar terms as the crop
year 2019 election, including unanimous elections on a farm-
by-farm and covered commodity-by-covered commodity basis.
However, the Managers do not intend for FSA to require
producers to make a new election or to reaffirm previous
elections in crop year 2021 or each crop year thereafter.
This is an option to be exercised solely at the discretion of
the producers on the farm.
(9) One time filing for ARC and PLC
The House bill provides the following: (a) During the first
enrollment period announced by the Farm Service Agency (FSA)
after the date of the enactment, producers on a farm may file
a one-time program contract with the Secretary to enroll in
ARC or PLC through crop year 2023. (b) In the case of a
change in a farming operation for which producers on a farm
have filed a one-time program contract, the producers must
file an updated program contract with the Secretary not later
than one year after such change in the farming operation
occurs. (c) The Secretary shall provide to each producer that
files a one-time program contract a notice that includes the
applicable annual and other periodic reporting requirements.
(d) The Secretary shall issue regulations necessary to carry
out this section; and revise section 1412.41 of title 7, Code
of Federal Regulations, in accordance with this section.
(Section 1612)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(10) Price Loss Coverage
The House bill, effective for crop years 2019-2023, sets
the PLC payment rate as the difference between (1) the
effective reference price and (2) the effective price.
In order to reflect price premiums, the House bill provides
a reference price for temperate japonica rice in an amount
equal to (1) the effective price established for long grain
rice, multiplied by the ratio obtained by dividing: (A) the
simple average of the marketing year average price of medium
grain rice from the 2012 through 2016 crop years; by (B) the
simple average of the marketing year average price of all
rice from the 2012 through 2016 crop years. (Section 1116)
The Senate amendment amends section 1116 of the
Agricultural Act of 2014 to extend PLC provisions through
crop year 2023, with an amendment to require that within 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 1116(c). (Section 1103)
The Conference substitute adopts the House provision with
an amendment to require that within 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 1116(c). (Section 1106)
(11) Agriculture Risk Coverage
The House bill enacts the same provisions as current law
for ARC county coverage applicable to crop years 2019 through
2023. By omission ARC individual would expire at the end of
the 2018 crop year.
The House bill also enacts the same provisions as current
law, with the following changes: (1) deletes section
1117(g)(3) provisions to delete the ARC individual
provisions; (2) amends section 1117(g)(4) to require the
Secretary to assign an actual or benchmark county yield for
each planted acre for the crop year for the covered
commodity--(A) for a county for which county data collected
by the Risk Management Agency (RMA) is sufficient to offer a
county-wide insurance product using the actual average county
yield determined by RMA; or (B) for other counties using, as
determined by the Secretary--(i) other sources of yield
information; or (ii) the yield history of representative
farms in the State, region, or crop reporting district; (3)
adds a new requirement that the Secretary make ARC payments
to producers using the payment rate of the county of the
physical location of the base acres of a farm; and (4)
deletes ``to the maximum extent practicable'' from section
1117(g)(2), thus requiring the Secretary to calculate a
separate actual crop revenue and ARC guarantee for irrigated
and nonirrigated covered commodities. (Section 1117)
The Senate amendment amends section 1117(a) to: (1)
reauthorize the ARC County and ARC Individual Programs for
the 2019 through 2023 crop years; and (2) require ARC
payments to be paid based on the physical location of the
farm.
The Senate amendment also amends section 1117(c) to extend
ARC coverage guarantee provisions though the 2023 crop year;
to increase the transitional (plug) yield from 70 percent to
75 percent of the transitional yield; and to require the use
of a trend adjusted yield factor to adjust the yields in
determining the actual county yield and the benchmark county
revenue for ARC county coverage, not to exceed the trend-
adjusted yield factor used to increase yield history under
the endorsement under the Federal Crop Insurance Act for that
crop and county.
The Senate amendment requires the Secretary to publish the
county payment rate for a covered commodity no later than
thirty days after the end of each marketing year for each
covered commodity.
The Senate amendment requires the Secretary to--(1) assign
an actual yield for the covered commodity by giving priority
to the use of actual county yields from a single source that
provides the greatest national coverage of county-level
data; and (2) prorate the base acres and payments in the
case of a farm that has a tract with base acres that
crosses a county boundary.
The Senate amendment also requires the Secretary, on
request of a county FSA State Committee, to consider a 1-time
request to calculate a separate actual crop revenue and ARC
guarantee for irrigated and nonirrigated covered commodities
in a county if, during the 2014 through 2018 crop years--(1)
an average of not less than 5 percent of the planted and
considered planted acreage of a covered commodity in the
county was irrigated; and (2) an average of not less than 5
percent of the planted and considered planted acreage of the
covered commodity in the county was nonirrigated. It also
authorizes the Secretary to use other sources of yield
information, including the yield history of representative
farms in the State, region, or crop reporting district, when
considering or recalculating separate actual crop revenue and
ARC guarantee. (Section 1104)
The Conference substitute adopts the Senate provisions with
amendments to: (1) make payments based on the payment rate of
the county where the base acre on the farm is physically
located; (2) increase the transitional yield plug to 80
percent; (3) utilize the ``effective reference price'' to
calculate the guarantee; (4) calculate a separate irrigated
and nonirrigated yield in each county; and (5) prioritize RMA
data in the calculation of the guarantee and actual yields.
The substitute deletes a Senate provision regarding the case
of a farm that has a tract with base acres that crosses a
county boundary. (Section 1107)
In applying the yield plug, when actual yields drop below
80% of the transitional yield for the county, the Managers
expect the FSA Administrator to consult with the
Administrator of the Risk Management Agency (RMA) to ensure
that the transitional yield utilized is current and
reflective of recent yields within the county.
[[Page H9958]]
In the case of a farm that has a tract with base acres that
crosses a county boundary, the Managers intend for FSA to
prorate the base acres based on the quantity of cropland of
the tract in each county and calculate any ARC-County
payments to the farm on that basis.
For determining a separate irrigated and non-irrigated
yield for a covered commodity within a county with limited
data for a practice, the Managers intend for the Secretary to
utilize other sources of yield information such as
representative farms in adjacent counties or the crop
reporting district to determine a county yield that is
representative of the applicable practice.
The Managers intend for FSA to implement the trend yield
adjustment such that it has a similar result as the Federal
Crop Insurance endorsement to adjust either the guarantee or
actual yield to account for the long-term increase in
production that is not accounted for otherwise. The Managers
expect this will include using more than just the five years
of the guarantee to calculate a trend, which will also help
avoid the potential anomalies from using limited data. The
Managers also expect all trend yield adjustments to be
positive or neutral.
(12) Agriculture Risk Coverage--Publication of Coverage
Guarantee, Yield, and Price
The Senate amendment requires the publication of the county
risk coverage guarantee, average historical county yield, and
the national average market price for each covered commodity
in each county, not later than 30 days after the end of the
applicable 12-month marketing year; provides an exception to
the reporting deadline 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 for the national average
market price due to insufficient reporting of timely pricing
data by one or more nongovernmental entities, including a
marketing cooperative for the covered commodity. (Section
1104(6))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
a technical amendment to clarify the information that the
Secretary shall publish. (Section 1107)
(13) Administrative Units
The Senate amendment adds a new subsection to section 1117
of the Agricultural Act of 2014 providing that, for purposes
of ARC payments in the case of county coverage, a county may
be divided into not greater than two administrative units.
Eligible counties are those that are larger than 1,400 square
miles, are in a State that is larger than 140,000 square
miles, and contain more than 190,000 base acres. (Section
12611)
The House bill contains no comparable provisions.
The Conference substitute adopts the Senate provision with
an amendment to delete the requirement the county be
contained within a State that is larger than 140,000 square
miles. The substitute adds a limit of 25 counties that may be
divided into administrative units, and provides direction for
the preference to the division of counties that have greater
variation in climate, soils, and expected productivity
between the proposed administrative units. (Section 1107)
(14) Producer Agreements
The House bill restates current law except that it omits
subsection (d), consistent with the cessation of ARC
individual coverage. (Section 1118)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(15) Repeal of Transition Assistance for Producers of Upland
Cotton
The Senate amendment repeals section 1119 of the
Agricultural Act of 2014. (Section 1105)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 1108)
(16) Availability of Nonrecourse Marketing Assistance Loans
for Loan Commodities
The House bill restates current law to make available
nonrecourse marketing assistance loans for the 2019 through
2023 crops. (Section 1201)
The Senate amendment amends section 1201(b)(1) of the 2014
Act to extend current law for the availability of nonrecourse
marketing assistance loans through 2023. (Section 1201(a))
The Conference substitute adopts the Senate provision.
(Section 1108)
(17) Loan Rates for Nonrecourse Marketing Assistance Loans
The House bill provides that for the 2019 through 2023 crop
years the loan rate for extra long staple cotton is increased
to 95 cents per pound; the loan rate formula for upland
cotton is prevented from declining by more than two percent
in any one crop year; and that seed cotton shall be deemed to
have a loan rate of 25 cents per pound for purposes of
calculating the effective price under PLC and actual crop
revenue under ARC. (Section 1202)
The Senate amendment amends section 1201(b)(1) of the 2014
Act to extend the availability of nonrecourse marketing
assistance loans through 2023. (Section 1201(b))
The Conference substitute adopts the House provision with
amendments to adjust the loan rates for wheat, corn, grain
sorghum, barley, oats, long grain rice, medium grain rice,
soybeans, dry peas, lentils, small chickpeas, large
chickpeas, and raw cane sugar for the 2019 through 2023 crop
years. (Sections 1202 and 1301(a))
(18) Loan Deficiency Payments
The House bill includes provisions that are the same as
current law, effective for the 2019 through 2023 crop years.
(Section 1205)
The Senate amendment extends through the 2023 crop year the
provisions of section 1205(a)(2)(B) of the Agricultural Act
of 2014 authorizing the Secretary to make loan deficiency
payments for hay and silage derived from a loan commodity.
The Senate amendment also repeals the authority of the
Secretary to make loan deficiency payments for nongraded wool
in the form of unshorn pelts. (Section 1201(d)(1) & 1202)
The Conference substitute adopts the Senate provision with
an amendment to delete the repeal of the authority of the
Secretary to make loan deficiency payments for nongraded wool
in the form of unshorn pelts. (Section 1201(c))
(19) Special Marketing Loan Provisions for Upland Cotton;
Economic Adjustment Assistance to Users of Upland Cotton
The House bill is the same as current law applicable
beginning with the 2019 crop year, except with regard to the
changes to the Economic Adjustment Assistance to Users of
Upland Cotton, for which the House bill increases the payment
rate of economic adjustment assistance 3 cents to 3.15 cents
per pound of cotton used, and renames the program as
``Economic Adjustment Assistance for Textile Mills.''
(Section 1207)
The Senate bill amends section 1207(c) of the 2014 Act to
extend the Economic Adjustment Assistance to Users of Upland
Cotton at the rate of 3 cents per pound through July 31,
2021. For subsequent years, the program is extended at the
same payment rate, subject to funding available through
annual appropriations. (Section 1203(b))
The Conference substitute adopts the House provision with
an amendment to continue the payment rate of economic
adjustment assistance at 3 cents per pound of cotton used,
and to strike a redundant authority to provide economic
adjustment assistance under section 1207(c) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8737).
(Section 1202)
The Managers believe timely shipment and delivery of cotton
to the end-user is essential to maintain the competitiveness
of the U.S. cotton industry. The Managers urge the Secretary
to work with representatives of the U.S. cotton industry to
identify how best to update and modernize the current Cotton
Storage Agreement for U.S. cotton warehouses. The Managers
expect any updates to be based on consensus recommendations
of all segments of the industry. As necessary, the Secretary
should make changes to the provider agreement between USDA
and the electronic warehouse receipt provider to facilitate
the implementation of those industry recommendations to
improve the flow of cotton.
(20) Special Competitive Provisions for Extra Long Staple
Cotton
The House bill is the same as current law, except the House
bill maintains the value of assistance available to domestic
users of extra long staple cotton by making a conforming
change in new section 1208(b) to reflect the increase in the
extra long staple cotton loan rate. (Section 1208)
The Senate amendment extends current law through July 31,
2024. (Section 1201(d)(3)).
The Conference substitute adopts the House provision to
make a conforming change to reflect the increase in the extra
long staple cotton loan rate, and extends the authority
through July 31, 2024. (Section 1204)
(21) Availability of Recourse Loans for High Moisture Feed
Grains and Seed Cotton
The House bill (1) extends current law with respect to high
moisture feed grains and seed cotton for the 2019 through
2023 crops; and (2) requires the Secretary to make available
recourse commodity loans at the loan rate for a marketing
assistance loan for a loan commodity that is ineligible for
100 percent of the nonrecourse marketing loan rate in the
county due to a determination that the commodity is
contaminated yet still merchantable. (Section 1209)
The Senate amendment extends current law with respect to
high moisture feed grains and seed cotton through the 2023
crops. (Section 1201(d)(4))
The Conference substitute adopts the House provision.
(Section 1205)
(22) Adjustment of Loans
The House bill (1) continues the authorization for the
Secretary to adjust loan rates for loan commodities in the
same matter as current law; and (2) adds a requirement that
the Secretary shall consider methods to enhance the support,
loan, or assistance provided under this title in a manner
that further minimizes the potential for forfeitures.
(Section 1210)
The Senate amendment has no comparable provision.
The Conference substitute deletes the House provision.
(23) Dairy Risk Management Production for Dairy Producers--
Reports; Collection and Review of Data
The House bill requires the Secretary to submit a report to
the relevant congressional committees evaluating the accuracy
[[Page H9959]]
of the data used by the Secretary to reevaluate the average
cost of feed used by a dairy operation to produce a
hundredweight of milk.
The House bill also requires the Secretary to submit a
report to the relevant congressional committees detailing the
costs incurred by the dairy operation in the use of corn
silage as feed and the difference between the feed cost of
corn silage and the feed cost of corn.
The House bill also requires the Secretary to revise
monthly price survey reports to include prices for high-
quality alfalfa hay in the top five milk producing States.
(Section 1401(a) through (c))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provisions.
(Section 1401(a) through(c))
(24) Margin Protection Program for Dairy Producers--Name of
Program
The House bill (1) renames the program as the Dairy Risk
Management Program for Dairy Producers (DRMP), defined in
section 1401(5) and referred to throughout as the ``dairy
risk management program'' (2) makes conforming amendments
throughout section 1401, and specifically in subsection (i).
(Section 1401 generally & subsection (i))
The Senate amendment (1) renames the program as Dairy Risk
Coverage (DRC), defined in section 1401(5) and referred to
throughout as ``dairy risk coverage;'' and (2) makes
amendments throughout current law section 1401 to conform to
the renaming of the program to ``Dairy Risk Coverage.''
(Section 1401)
The Conference substitute adopts the House provision with
an amendment to rename the program Dairy Margin Coverage
(DMC). (Section 1401)
(25) Margin Protection Program for Dairy Producers--
Definition of Catastrophic Coverage
The Senate amendment amends current law section 1401 to add
a definition of ``catastrophic coverage.'' (Section 1401(b))
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(26) Establishment of Margin Protection Program for Dairy
Producers
The House bill amends section 1403 to require the Secretary
to continue to administer a dairy risk program.
The House bill also provides that the amendments made by
section 1401 shall take effect 60 days after the date of
enactment. (Section 1401 (i) & (j))
The Senate amendment amends current law section 1403(a), to
require the Secretary to administer DRC beginning with the
2019 calendar year.
The Senate amendment also provides that Subpart A of part
1430 of title 7, Code of Federal Regulations (as in effect on
the date of enactment), shall remain in effect for DRC
beginning with the 2019 calendar year, except to the extent
that the regulations are inconsistent with any provision of
this Act. (Section 1401(d))
The Conference substitute adopts the Senate provision with
amendments that specify that MPP regulations that do not
conflict with the new structure of DMC are to remain in place
and do not need to be reissued. (Section 1401(k))
(27) Margin Protection Program for Dairy Producers--
Registration of Multiproducer Dairy Operations
The House bill amends section 1404(b) to allow a
multiproducer dairy operation to elect to exclude from
registration under the DRMP one or more individual owners--
(1) who individually owns less than five percent of the
operation; or (2) who is entitled to less than five percent
of the income, revenue, profit, or one of other specified
financial measures of the operation.
The House bill also would require a reduction in DRMP
payments to such operations corresponding to the reduction in
ownership excluded from registration. (Section 1401(d))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to ensure a multiproducer dairy will be treated
as a single operation under the program, and to clarify that
operations are not allowed to reduce their production history
to impact eligibility for tier I or tier II premiums.
(Section 1401(d))
The Managers intend for FSA to ensure a more efficient
sign-up process for dairy operations with multiple owners.
The Managers intend for operations to be allowed to sign-up
for coverage without every owner participating, and that
those participating operations be treated as a single
operation consistent with existing law. After coverage
elections are made, the total premiums due and payments made
may be adjusted downward to reflect the proportion of
ownership participating. Nothing in this section is intended
to allow a participating dairy operation to reduce the
production history for the dairy operation to impact
eligibility for tier I or tier II premiums.
(28) Margin Protection Program for Dairy Producers--
Catastrophic Coverage
The Senate amendment amends section 1404(b) to provide that
a participating dairy operation may elect to receive
catastrophic coverage instead of paying a premium under
section 1407.
The Senate amendment also amends section 1404(c) to provide
that, in addition to the $100 administrative fee under
section 1404(c)(1)(A), a participating dairy operation that
elects to receive catastrophic coverage shall pay an
additional administrative fee of $100. (Section 1401(e))
The House bill contains no comparable provision.
The Conference substitute allows participating dairy
operations to elect to receive a $4 coverage level instead of
paying a premium. (Section 1401(h))
(29) Margin Protection Program for Dairy Producers--Relation
to Livestock Gross Margin for Dairy Program
The House bill amends section 1404(d) to allow a dairy
operation to participate in both the DRMP and the Livestock
Gross Margin (LGM) for dairy program. (Section 1401(e))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with a
modification permitting participating dairy operations to
participate in both programs on the same production, and to
allow producers who were locked out of the improved 2018 MPP
due to LGM participation to retroactively participate in MPP
for the months in 2018 in which they were excluded from
participation. (Section 1401(e))
Given that Dairy Margin Coverage (DMC) is a new program
option for dairy operations, the Managers note the importance
of USDA-led outreach and education efforts to operations that
are currently participating in the Margin Protection Program
(MPP), those that have ceased participation, and those that
have never participated (including organic dairy farmers that
may not be aware of their eligibility). In advance of 2019
program sign-up, the Managers expect FSA to conduct outreach
to eligible operations through repeated contacts and multiple
modes such as mailings, phone calls and local meetings, and
to collaborate with state licensing boards, cooperatives,
producer groups, institutions of higher education, and other
stakeholders to thoroughly inform producers of their
operations' new affordable options under DMC, MPP credit or
refund values, and the new safety net options provided under
DMC.
Specifically with regard to the credit or refund under
section 1407(f) of the Agricultural Act of 2014 (7 USC 9057),
the Managers recognize the potential complexity of tracing
former owners of operations that have ceased operation, but
expect operations that have continued operation unabated to
be offered the option of a credit or refund in conjunction
with the 2019 program sign-up. Additionally, this title
removes restrictions between DMC and any Federal Crop
Insurance product. Therefore the Managers expect FSA and the
Risk Management Agency (RMA) to coordinate to ensure that
each agency's employees, along with crop insurance companies,
agents and customers, are aware of the change in rules and
additional opportunities for complementary coverage.
(30) Margin Protection Program for Dairy Producers--
Production History of Participating Dairy Operations
The House bill amends current law section 1405 (a)(2) to
limit the application of the adjustments to the production
history of participating dairy operations to ``calendar years
ending before January 1, 2019.''
The House bill also adds a new section 1405(d) to prevent
DRMP payments to a participating dairy operation if the
Secretary determines that the participating dairy operation
has reorganized the operation solely for the purpose of
qualifying as a new operation. (Section 1401(f))
The Senate amendment amends current law section 1405(a)(2)
to limit the application of the adjustments to the production
history of participating dairy operations to ``during each of
the 2014 through 2019 calendar years.'' (Section 1401(f))
The Conference substitute adopts the House provision with
an amendment to provide equitable treatment to newly-
participating dairies. (Section 1401(f))
(31) Margin Protection Program--Payments
The House bill amends section 1406(a) of the Agricultural
Act of 2014 to provide that, for purposes of receiving DRMP
payments for a month, a participating dairy operation shall
elect--(1) a coverage level threshold that is equal to $4.00,
$4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00
``(and in the case of production subject to Tier 1 premiums
(under section 1407(b)), also $8.50 or $9.00)''; and (2) a
percentage of coverage, in 5-percent increments, but not to
exceed 90 percent of the production history of the
participating dairy operation.
The House bill further amends section 1406 by adding a new
subsection (d) requiring that, within 90 days after the date
of enactment, each participating dairy operation shall elect
a coverage level threshold under subsection (a)(1) and a
coverage percentage under subsection (q) (2) to be used to
determine DRMP payments. This election shall remain in effect
for the participating dairy operation through December 31,
2023 (for the duration of the DRMP, as specified in section
1409). (Section 1401(h))
The Senate amendment amends section 1406(a) of the
Agricultural Act of 2014 to provide that, for purposes of
receiving margin protection payments for a month, a
participating dairy operation shall annually elect--(1) a
coverage level threshold that is equal to--(A) in the case of
catastrophic coverage, $5.00; (B) $5.50, $6.00, $6.50, $7.00,
$7.50, $8.00,
[[Page H9960]]
$8.50, or $9.00; and (2)(A) a percentage of coverage, in 5-
percent increments, that does not exceed 90 percent of the
production history of the participating dairy operation; or
(2)(B) in the case of catastrophic coverage, a coverage level
of 40 percent of the production history of the participating
dairy operation. (Section 1401(g))
The Conference substitute adopts the House provision with
an amendment to require the participating dairy operation to
elect a coverage level threshold that is equal to $4.00,
$4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, $8.00,
$8.50, $9.00, or $9.50 for their first five million pounds of
participating production. The amendment allows an operation
that elects coverage on its first five million pounds of
$8.00, $8.50, or $9.50 to make a second election of a
coverage level threshold that is equal to $4.00, $4.50,
$5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 for
production over five million pounds. The amendment also
allows operations to cover between five percent and ninety-
five percent of their production history. (Section 1401(g))
(32) Margin Protection Program--Premium Rates
The House bill amends section 1407(b)(2) to set the Tier 1
premium rates for the first 5 million pounds of milk
marketings included in the production history of a
participating dairy operation, for each coverage level
ranging from $5.50 to $9.00 per hundredweight. (Section
1401(h))
The Senate amendment amends section 1407(b)(2) to set the
Tier 1 premium rates for the first 5 million pounds of milk
marketings included in the production history of a
participating dairy operation, the premium per hundredweight
for each coverage level ranging from $5.50 to $8.00 per
hundredweight. (Section 1401(h))
The Conference substitute adopts the House provision with
an amendment to modify premium rates from the $4.00 to $9.50-
coverage options. The amendment also modifies premium rates
for operations covering more than five million pounds.
(Section1401(h))
(33) Margin Protection Program--Small and Medium Farmer
Discount
The Senate amendment adds a new subsection (f) to section
1407 to require that the Tier I and Tier II premium per
hundredweight 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 million pounds; and
(2) 25 percent for a participating dairy operation with a
production history that is less than 2 million pounds and not
greater than 1 million pounds. (Section 1401(h)(6))
The House bill contains no comparable provision.
The Conference substitute provides that any operation that
signs up in 2019 and commits to maintaining their coverage
decisions, including coverage level and covered production,
through 2023 will receive a 25% discount on their premiums
each year. Any producer who makes this commitment will be
unable to change that coverage decision at any time over the
life of the bill. Operations electing not to commit to five-
year decisions may continue to make annual coverage decisions
but will be ineligible for this discount. (Section 1401(j))
(34) Margin Protection Program--Repayment of Premiums
The Senate amendment adds a new subsection (g) to section
1407 to require the Secretary to repay each dairy operation
that participated in the MPP as in effect for each of
calendar years 2014 through 2017, an amount equal to the
difference between--(1) the premiums paid by the
participating dairy operation for the calendar year; and (2)
the total amount of margin protection payments made to the
participating dairy operation for the calendar year. (Section
1401(h)(6))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments clarifying that eligible dairy operations must
apply for the repayment and to establish the percentages for
repayments as credit at 75 percent and direct cash repayment
at 50 percent. (Section 1401(i))
The Managers expect, with regard to the credit or refund
under section 1407(f) of the Agricultural Act of 2014 (7
U.S.C. 9057), for FSA to make the credit or refund available
to the operation that paid the premiums for coverage during
2014 through 2017. In the event that the ownership and
production history of an operation has been sold or
transferred, the Managers expect the current operation to
receive the credit or refund. In the case of an operation
that participated in MPP during 2014, 2015, 2016, or 2017 and
has since ceased operating or been dissolved, the Managers
expect FSA to offer the owners of the operation a credit or
refund based on their respective ownership share.
(35) Margin Protection Program for Dairy Producers--Duration
The House bill amends section 1409(k) to authorize the DRMP
through December 31, 2023. (Section 1401(k))
The Senate Amendment amends section 1409 to authorize DRC
through December 31, 2023. (Section 1401(j))
The Conference substitute provides an authorization for the
DMC program through December 31, 2023. (Section 1401(l)). The
Conference substitute also provides that the effective date
of the amendments made by Section 1401 is January 1, 2019.
(Section 1401(m))
While DMC is replacing MPP, the Managers expect FSA to
continue utilizing any existing regulations that are not
contradicted by the new provisions including the regulations
related to intergenerational transfer and the regulation that
provides the maximum coverage percentage at a $4 margin, even
if an operation selects a lower percentage under buy-up.
(36) Dairy Product Donation Program
The House bill repeals the current law Dairy Product
Donation Program (Section 1431 of the 2014 Act). (Section
1406)
The Senate amendment amends current law section 1431 in its
entirety to establish and administer a milk donation program
to reimburse eligible dairy organizations' costs incurred for
donating milk by accounting to the Federal Milk Marketing
Order pool 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).
The Senate amendment defines eligible dairy organization,
eligible distributor, eligible milk, eligible partnership,
and participating partnership for purposes of the program.
The amendment also establishes the purposes and
administrative provisions governing the program, donation and
distribution plans, and the reimbursement of qualified
expenses. It prohibits the resale of products, and requires
the conduct of audits to insure program integrity.
The amendment provides mandatory funding for the program in
the amount of $8 million for fiscal year 2019, and $5 million
each fiscal year thereafter. (Section 1413)
The Conference substitute adopts the Senate provision with
an amendment to repeal the Dairy Product Donation Program in
current law and establish a new fluid milk donation program
that makes it easier for producers, processors, and co-
operatives to donate fluid milk to food banks and other
feeding organizations. The amendment provides mandatory
funding for the program at $9 million in 2019 and at $5
million in each of the following years. (Section 1404)
(37) Supplemental Agricultural Disaster Assistance
The House bill amends the Livestock Indemnity Program (LIP)
to cover death or sale loss as a result of diseases that are
``caused or transmitted by a vector and that is not able to
be controlled by vaccination or other acceptable management
practices.
The House bill also eliminates the payment limitation of
$125,000 per crop year for Emergency Assistance for
Livestock, Honey Bees, and Farm Raised-Fish (ELAP). The
amendment applies the limitation to any person or ``qualified
pass through entity,'' and excludes such a person or pass
through entity from the Adjusted Gross Income (AGI)
limitation if 75 percent or more of the person or entity's
average AGI comes from farming, ranching, or silviculture.
The House bill also requires that the amendments made by
this section shall be effective for losses incurred on or
after January 1, 2017. (Section 1501)
The Senate amendment adds 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) as an eligible producer for purposes of
supplemental agricultural assistance.
The Senate amendment also allows the Secretary to provide
assistance for coverage under LIP for the death of unweaned
livestock due to adverse weather, including those that have
not been vaccinated; and requires the Secretary to seek input
annually from the bison industry to ensure LIP rates are
consistent with market value.
The Senate amendment also provides that funds made
available for emergency assistance include for the purpose of
reducing losses from inspections of cattle tick fever.
The Senate amendment also requires an increased cost
reimbursement of 75 percent for beginning farmers, ranchers
and veterans under the Tree Assistance Program (TAP).
(Sections 1501 & 12610)
The Conference substitute adopts the House provisions with
amendments to add Indian Tribes or tribal organizations as an
eligible producer, provide assistance for coverage under LIP
for the death of unweaned livestock due to adverse weather,
make available ELAP funds for inspections of cattle tick
fever, increase the cost share available under TAP to 75
percent for beginning farmers, ranchers, and veterans, and to
exclude the changes related to ``qualified pass thru
entities'', AGI, and retroactive application. (Section 1501)
The Managers encourage the Secretary to seek input and data
from the bison industry (including bison producer groups)
annually relating to the market value of bison to ensure that
Livestock Indemnity Program (LIP) payments are consistent
with the market value of bison.
The Managers intend for livestock death losses that occur
due to a cause of loss that is not eligible for
indemnification under LIP to still be eligible for
compensation under Emergency Assistance for Livestock,
Honeybees, and Farm-Raised Fish (ELAP).
The Managers note the ongoing struggle faced by beekeepers
due to the persistence of Colony Collapse Disorder (CCD). In
determining a normal mortality rate for honeybees for the
purposes of calculating ELAP assistance for beekeepers, the
Managers expect FSA to use mortality rates known to be normal
prior to the emergence of CCD and other serious honeybee
health declines.
[[Page H9961]]
(38) Loss of Peach and Blueberry Crops due to Extreme Cold
The Senate amendment requires the Secretary to provide
compensation for expenses relating to losses of peach and
blueberry crops that occurred during calendar year 2017 due
to extreme cold, as determined by the Secretary. It provides
$18 million in mandatory funding from CCC. (Section 1502)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(39) Administration and Operation of Noninsured Crop
Assistance Program--Eligible Crops
The House bill amends section 196(a)(2) of the Federal
Agriculture Improvement and Reform Act to define ``eligible
crops'' for the purposes of non-insured assistance as
commercial crops or other agricultural commodities which are
produced for food or fiber (except livestock) for which
catastrophic risk protection or certain other additional
coverage is not available. (Section 11501)
The Senate amendment amends section 196(a)(1) of the
Federal Agriculture Improvement and Reform Act of 1996 to
direct the Secretary to coordinate between the agencies of
the Department data collection, eligibility, and reduced
paperwork for the Noninsured Crop Assistance Program (NAP).
The Senate amendment also amends section 196(a)(4) to
clarify required reductions in benefits for eligible crops
for any 4 years after native sod acreage has been tilled by
producers in Iowa, Minnesota, Montana, Nebraska, North
Dakota, and South Dakota. The Senate amendment allows a
governor of another State to elect to have the provision
apply to the State. It also requires a producer, as a
condition of receiving noninsured crop assistance, to certify
to the Secretary if the producer has tilled native sod for
the production of an insurable crop. The Senate amendment
directs the Secretary to submit an annual report to the House
and Senate Agriculture Committees describing the tilled
native sod acreage in each country and state.
The Senate amendment also amends section 196(b) to add a
new paragraph (4) requiring the Secretary to establish a
streamlined process for the submission of records and acreage
reports for small-scale, direct-to-consumer, and divers urban
production systems.
The amendment also amends section 196(i)(2) to establish
separate payment limitations of $125,000 for catastrophic
coverage and $300,000 for additional coverage. (Section 1601)
The Conference substitute adopts the Senate provisions with
amendments to define ``eligible crops'', clarify that native
sod acreage that has been tilled would be subject to a
reduction in benefits not more than four cumulative years
during the first ten years after initial tillage, and exclude
the authority for a governor of a state to elect to have the
requirements apply to a state not currently covered by native
sod rules.(Section 1601)
The Managers observe that FSA implements the Noninsured
Crop Disaster Assistance Program (NAP) in a manner that is
appropriate for conventional row-crop agriculture with entire
fields and farms planted to one, or a small number of crops,
that are harvested in a single crop year. The Managers note
that producers who grow a variety of crops, often on small
acreage with multiple rotations each crop year, have a
paperwork burden under existing NAP that can act as a barrier
to obtaining adequate risk protection.
The Managers direct FSA to streamline reporting
requirements through an equivalent process as 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) and implement any other additional
streamlining, as determined appropriate. The Managers also
encourage FSA to coordinate with RMA to ensure that
participation data are collected in a form useful to support
the development and expansion of Federal Crop Insurance to
new crops and counties.
(40) Noninsured Crop Assistance Program--Service Fee
The House bill amends section 196(k)(1) to increase the
service fees for eligible crops to the lesser of--(a) $350
per crop per county; or (B) $1,050 per producer per county,
but not to exceed a total of $2,100 per producer (Section
11502)
The Senate amendment amends section 196(k)(l) to increase
the service fees for eligible crops to the lesser of--(A)
$325 per crop per county; or (B) $825 per producer per
county, but not to exceed a total of $1,950 per producer.
(Section 1601(6))
The Conference substitute adopts the Senate provision.
(Section 1601(6))
(41) Noninsured Crop Assistance Program--Payment Equivalent
to Additional Coverage
The House bill amends section 196(1)(2)(b)(i) to add the
producer's share of the crop to the list of multipliers used
to calculate the service fee or premium required to be paid
by the producer in order to receive payments under noninsured
assistance.
The House bill strikes obsolete current law section
196(1)(3) that addressed assistance for losses to certain
2012 annual fruit crops grown on a bush or tree related to
losses due to a freeze or frost.
The House bill also amends section 196(1)(5) to extend the
availability of additional coverage under subsection (l)
through the 2023 crop year. (Section 11503)
The Senate amendment amends section 196(1)(l) to add ``the
producer's share of the total acres devoted to the crop'' to
the list of multipliers used to calculate the NAP payment
amount that is equivalent to an indemnity for additional
coverage under section 508(c) of the Federal Crop Insurance
Act.
The Senate amendment amends section 196(1)(1)(C) to clarify
the ``market price'' used to calculate the NAP payment amount
to also include the ``contract price, or other premium price
(such as a local, organic, or direct market price, as elected
by the producer.)''
The Senate amendment strikes the same obsolete current law
section 196(1)(3).
The Senate amendment also strikes section 196(1)(5), thus
making additional coverage under subsection (1) available
permanently. (Section 1601(7))
The Conference substitute adopts the Senate provision.
(Section 1601(7))
The Managers recognize that the expiration of the authority
to offer additional coverage (also referred to as NAP buy-up)
creates both an administrative burden on the agency and can
cause uncertainty or even limited coverage for producers of
crops with fall or winter sign-up periods. The Managers
intend to avoid these issues in the future and have made
permanent the authority for NAP buy-up. The Managers also
removed the 30- day limit before coverage can attach in order
to provide more flexibility and allow FSA to restart NAP buy-
up immediately following enactment.
(42) Additional Assistance for Certain Producers--Losses Due
to Volcanic Activity
The Senate amendment requires the Secretary, as soon as
practicable after October 1, 2018, under the section 196
related to NAP to make available assistance to producers of
an eligible crop that suffered losses in a county covered by
a qualifying natural disaster declaration for production
losses due to volcanic activity. The Secretary shall make
assistance available under in an amount equal to the amount
of assistance determined under section 196(d), less any
service fees that are owed by producers under section 196(k).
(Section 1602)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(43) Administration Generally
The House bill continues the expedited rulemaking and other
provisions in current law, with amended section references
updated to reflect the House Bill. (Section 1601)
The Senate amendment continues the expedited rulemaking and
other provisions as current law, with amended section
references updated to reflect the amendments made by title I
(commodities) and section 10109 (multiple crop and pesticide
use survey) of the Senate Amendment (Section 1701)
The Conference substitute adopts the Senate provision.
(Section 1709)
(44) Suspension of Permanent Price Support Authority
The House bill continues the suspension of the same
permanent price support authorities (and related wheat
marketing quotas) through 2023, with an amendment.
The House bill amends section 201(a) of the Agricultural
Act of 1949 to (1) add eleven additional commodities to the
current list of eleven commodities for which the Secretary
would be required to provide price support in the event that
the 1949 Act were to become effective, including crambe,
cottonseed, sesame seed, dry peas, lentils, small chickpeas,
large chickpeas, graded wool, nongraded wool, mohair and
peanuts; and (2) clarify that if price support were to be
required under section 201, it would be provided at a level
not less than 75 percent and not greater than 90 percent of
the parity price of the commodity. (Section 1602)
The Senate amendment extends the suspension of permanent
price support authorities through 2023. (Section 1702)
The Conference substitute adopts the Senate provision.
(Section 1702)
(45) Payment Limitations
The House bill amends section 1001 of the Food Security Act
of 1985 to limit to $125,000 the total amount of payments a
person or a legal entity can receive from PLC or ARC payments
under Subtitle A--(1) for the sum of all covered commodities
(except peanuts); and (2) separately, for peanuts.
The House bill amends the definition of family member to
include first cousins, nieces, and nephews.
The House bill adds a new definition of ``qualified pass
through entity'' to mean ``a partnership (within the meaning
of subchapter K of chapter 2 of the Internal Revenue Code of
1986 and including a limited liability company that does not
affirmatively elect to be treated as a corporation), an S
corporation (as defined in section 1361 of such Code), or a
joint venture.''
The House bill amends sections 1001(b) and 1001(c) of the
Food Security Act of 1985 to remove marketing loan gains and
loan deficiency payments from the limitations on payments for
peanuts under subsection (c) and all other covered
commodities under subsection (b).
The House bill also amends section 1001(f) of the Food
Security Act of 1985 to require the Secretary to apply
reductions in PLC or ARC payments due to a sequester before
applying payment limitations under section 1001.
[[Page H9962]]
The House bill also amends section 1001(e)(3)(B) of the
Food Security Act of 1985 to attribute payments to all
qualified pass through entities on the same basis as joint
ventures and general partnerships under current law. (Section
1603)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provisions with
amendments to delete the definition of `qualified pass
through entity' and related provisions that would have
attributed payments to all qualified pass through entities on
the same basis as joint ventures and general partnerships.
(Section 1703)
(46) Definition of Significant Contribution of Active
Personal Management
The Senate amendment amends section 1001 of the Food
Security Act of 1985 to add a new definition for a
``significant contribution of active personal management''.
(Section 1704)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(47) Payments Limited to Active Farmers
The Senate amendment amends section 1001A(b) of the Food
Security Act of 1985 to require the Secretary to consider not
more than 1 person or legal entity per farming operation to
be actively engaged in farming using active personal
management, and to establish detailed criteria for
determining when a person may be considered to be actively
engaged in farming using active personal management. (Section
1705)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(48) Adjusted Gross Income Limitation
The House bill amends section 1001D(b)(2) of the Food
Security Act of 1985 to exempt Marketing Loan Gains (MLG) and
Loan Deficiency Payments (LDP) from Adjusted Gross Income
(AGI) limitations.
The House bill also amends Section 1001D(b) of the Food
Security Act of 1985 to--(1) provide an exception from the
AGI limitation for a qualified pass through entity; and (2)
authorize the Secretary to waive, on a case-by-case basis,
the AGI limitation to protect environmentally sensitive land
of special significance. (Section 1604)
The Senate amendment amends section 1001D(b)(1) of the Food
Security Act of 1985 to reduce the AGI limitation from
$900,000 to $700,000. (Section 1706)
The Conference substitute adopts the House provision with
an amendment to delete the exception for marketing loan gains
and loan deficiency payments and for a qualified pass through
entity. The substitute also clarifies that the AGI limitation
applies to conservation benefits under title II of the
Agriculture Improvement Act of 2018. (Section 1704)
(49) Prevention of Deceased Individual Receiving Payments
Under Farm Commodity Programs
The House bill would reenact the current law requirement.
(Section 1605)
The Senate amendment contains no comparable provision--
current law continues to apply.
The Conference substitute deletes the House provision.
(50) Assignment of Payments
The House bill would reenact and continue the assignment of
payments provisions in the same manner as current law.
(Section 1606)
The Senate amendment contains no comparable provision--
current law continues to apply.
The Conference substitute deletes the House provision.
(51) Tracking of Benefits
The House bill would reenact and continue the tracking of
benefits in the same manner as current law. (Section 1607)
The Senate amendment contains no comparable provision--
current law continues to apply.
The Conference substitute deletes the House provision.
(52) Signature Authority
The House bill would reenact and continue the signature
authority of a producer in the same manner as current law,
with a conforming amendment. (Section 1608)
The Senate amendment contains no comparable provision--
current law continues to apply.
The Conference substitute deletes the House provision.
(53) Base Acres Review
The Senate amendment requires the Secretary to review the
establishment, calculation, reallocation, adjustment, and
reduction of base acres under Subtitle A of Title I of the
Agricultural Act of 2014, and to report to the House and
Senate Agriculture Committees on the results of the review.
(Section 1707)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(54) Farm Service Agency Accountability
The Senate amendment requires the Secretary to establish
policies, procedures and plans to improve program
accountability and integrity through activities including
utilizing data mining to identify and reduce errors, waste,
fraud, and abuse in Farm Service Agency programs and to
report to the House and Senate Agriculture Committees.
(Section 1708)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to delete some of the prescriptive requirements
for the report. (Section 1705)
The Managers intend the report to include a summary of the
existing USDA efforts to eliminate errors, waste, fraud, and
abuse, including existing and planned data sampling and
mining activities of FSA, and efforts that involve
coordination with other departments or agencies. The report
should include identified weaknesses or program integrity
issues, any plans for action and recommendations for
legislative changes to address errors, waste, fraud, and
abuse in FSA programs.
(55) Personal Liability of Producers for Deficiencies
The House bill reenacts and continues provisions regarding
the personal liability of producers for deficiencies in the
same manner as current law. (Section 1609)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(56) Technical Corrections
The Senate amendment revises sections 1112(c)(2) and
1614(d) of the Agricultural Act of 2014 to make 2 technical
corrections. (Section 1709(b))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to exclude the modification to section 1614(d).
(Section 1102(a))
(57) Implementation
The House bill requires the Secretary to continue to
maintain base acres and payment yields for each covered
commodity in the same manner as current law.
The House bill also requires the Secretary to continue to
streamline administrative burdens and costs under the Acreage
Crop Reporting and Streamlining Initiative (ACRSI).
The House bill adds a new requirement that the Secretary
shall ensure that no agent, Approved Insurance Provider
(AIP), or employee or contractor of an agency or AIP, bears
responsibility or liability under the ACRSI for the
eligibility of a producer for programs administered by USDA
that are not policies or plans of insurance offered under the
Federal Crop Insurance Act except in cases of
misrepresentation, fraud, or scheme and device.
The House bill allows producers an option to remotely and
electronically sign annual contracts.
The House bill requires the Secretary to make $25,000,000
available to the FSA to implement this title.
The House bill also amends section 1614(d) of the
Agricultural Act of 2014 to extend the loan implementation
provisions to the provisions of the Agriculture and Nutrition
Act of 2018. (Section 1610)
The Senate amendment amends section of 1614(b) of the
Agricultural Act of 2014 to update the requirements of ACSRI
to make available more detailed USDA data across agencies and
accessible via a single department-wide login.
The Senate amendment also amends section 1614 by adding a
new requirement that any USDA commodity program payment
obligations that have not been disbursed or liquidated, and
remain outstanding five years after the date on which the
payment was obligated or made available, shall be deobligated
and revert to the U.S. Treasury. The Secretary may delay the
date of deobligation in the event of an ongoing appeal or
litigation, settlement of an estate, or where otherwise
equitable. (Section 1703)
The Conference substitute adopts the House provision with
amendments to allow crop insurance agents and AIPs access to
records necessary for program delivery held by FSA, include
NRCS in coordination and data sharing efforts, provide
producers an opportunity to sign a multi-year contract,
reduces the mandatory funding available to the FSA for
implementation to $15.5 million, and to consolidate required
reports on the tillage of native sod. (Section 1706)
The Managers recognize significant progress has been made
to implement the Acreage Crop Reporting Streamlining
Initiative (ACRSI) to allow for sharing of producer
information across common fields in FSA and RMA data
collection. The Managers would note that the goal of one-stop
reporting for producers at either RMA or FSA has yet to be
realized, additionally widespread acceptance of geospatial
data has not been achieved. The Managers expect the
Undersecretary for Farm Production and Conservation (FPAC) to
make acceptance of geospatial data a priority for the next
phase of improvements to ACRSI, as well as begin the process
of integrating data from the Natural Resource Conservation
Service (NRCS) to allow for the seamless transfer of
producers' information across the agencies within the FPAC
mission area.
The Managers encourage FSA to add temporary refrigerated
beehive storage facility to the list of eligible uses for the
Farm Storage Facility Loan Program, in order to help
beekeepers more effectively fight mites and CCD.
The Managers note that the reports on tillage of native sod
and the cropland report were consolidated in section 1614(f)
of the Agricultural Act of 2014, as added by section
[[Page H9963]]
1706(f) in Title 1 of this bill. The Managers expect FSA and
RMA to coordinate on completing this report, and to provide
data similar to that provided in the previous separate
reports to allow a comparison over time in addition to any
new information.
(58) Exemption from Certain Reporting Requirements for
Certain Producers
The House bill exempts producers who participate in any
conservation or commodity program, or who are eligible for
indemnity or compensation payments, from the same reporting
requirements as under section 1244(m), with respect to
assistance received through NRCS, APHIS, or FSA.
The House bill strikes current law section 1244(m).
(Sections 1611 and 2503(1))
The Senate amendment amends current law section 1244(m) to
add producers participating in commodity programs through FSA
to the exemption from the reporting requirements. (Section
2503(d))
The Conference substitute adopts the House provision with
amendments to clarify the term ``exempted producer'' means an
individual or entity that is eligible to participate in a
conservation program under title II of the Agriculture
Improvement Act of 2018 or a law amended by title II; an
indemnity or disease control program under the Animal Health
Protection Act (7 U.S.C. 8301 et seq.) or the Plant
Protection Act (7 U.S.C. 7701 et seq.); or a commodity
program under title I of the Agricultural Act of 2014 (7
U.S.C. 9011 et seq.), excluding the assistance provided to
users of cotton under sections 1207(c)and 1208 of that Act (7
U.S.C. 9037(c), 9038). (Section 1707)
Title II--Conservation
(1) Extension and enrollment requirements of conservation
reserve program
The House bill amends the Food Security Act of 1985 (the
``'85 Act'') to cap Conservation Reserve Program (``CRP'')
enrollment at 25 million acres for FY 2019, 26 million acres
for FY 2020, 27 million acres for FY 2021, 28 million acres
for FY 2022, and 29 million acres for FY 2023. It requires
the Secretary of Agriculture (the ``Secretary'') to enroll a
minimum of 3 million acres of grassland by the end of FY 2023
and sets maintenance goals for each of those fiscal years. It
requires the Secretary to reserve remaining acres for a
fiscal year when the grassland 3 million acre or the
applicable maintenance goal is not reached. The bill requires
the Secretary to hold a signup for contracts not available on
a continuous basis at least once every other year. It also
directs the Secretary to enroll and maintain acreage in
accordance with historical State enrollment rates. It
maintains current law regarding the general contract
duration, strikes the special rule for certain land (owner
specified duration), and sets certain continuous contract
duration at 15 or 30 years. The bill caps land to one
reenrollment if it is devoted to hardwood tress. (Section
2201)
The Senate amendment strikes the previous farm bill
reference and inserts the new 2018 short title. It also caps
enrollment at 25 million acres for each of fiscal years 2019
through 2023. It reauthorizes the 2-million-acre limitation
regarding grassland enrollment through FY 2023. It authorizes
a new clean water initiative and the State Acres for Wildlife
Enhancement Program. (Section 2101)
The Conference substitute adopts the House provision with
an amendment. The overall acreage limit is increased to 27
million by FY 2023, including 8.6 million acres to be devoted
to continuous practices, and 2 million for grasslands.
Contract lengths will be between 10 and 15 years, after which
the land is eligible for reenrollment, with some exceptions.
A proportional, historic State acreage allocation was
included for a portion of the acres available for enrollment.
The Conference substitute adopts the House provision with
amendments to continuous enrollment procedure and
eligibility, including making certain water quality practices
eligible. (Section 2201)
The Managers codify the Clean Lakes, Estuaries, and Rivers
Initiative (``CLEAR'') in order to guarantee that it remains
a priority in CRP. The Managers expect the Farm Service
Agency (``FSA'') to target CLEAR practices in high priority
watersheds where they will maximize environmental benefits.
The Managers expect that at least 40 percent of continuous
CRP acres will be devoted to CLEAR. The Managers expect USDA
to take greater steps to report on the water quality benefits
from these practices through the annual report.
The Managers recognize the benefits of native vegetation to
improve water and air quality and enhance soil health. By
encouraging the adoption of native vegetation seed blends,
USDA programs are supporting habitat restoration for the
northern bobwhite, lesser prairie-chicken, greater sage-
grouse, other upland game birds, songbirds, monarch
butterflies and pollinators. The Managers encourage the use
of native vegetation where practicable.
(2) Farmable wetland program
The House bill amends the '85 Act to strike the buffer
acreage authority for certain land that enhances a wildlife
benefit in terms of upland to wetland ratios. It caps overall
program acreage at 500,000 acres. It also directs the
Secretary to also consider the submission of bids in the
method of determination when looking at these offers and
amounts of rental payments. (Section 2202)
The Senate amendment extends the reauthorization through FY
2023. (Section 2102)
The Conference substitute adopts the Senate provision.
(Section 2203)
(3) Duties of owners and operators
The House bill authorizes management to include the use of
grazing for limited purpose of management. It authorizes
thinning and other practices for certain purposes on land
devoted to hardwood or other trees. It clarifies the
conservation plan will set forth commercial use of enrolled
lands. (Section 2203)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 2205)
(4) Duties of the Secretary
The House bill authorizes the Secretary to make rental
payments. It expands opportunities for haying, grazing, and
other management tools. It limits haying to no more
frequently than that once in every three years with certain
parameters. The bill further allows for intermittent or
seasonal vegetative buffer practices incidental to production
activity on adjacent land, and for program acres to be
eligible for grazing when livestock assistance program is
engaged because of drought. The bill gives the Secretary
discretion to waive planned mid-contract management
requirements in response to a natural disaster or adverse
weather it results in the same effect on the cover as planned
management activity. (Section 2204)
The Senate amendment authorizes cost-share for fencing and
other water distribution practices. It provides for managed
harvesting, grazing, and other commercial use, consistent
with the conservation of soil, water quality and wildlife
habitat, management, in exchange for a reduction in the
annual rental rate of 25 percent. It also provides certain
disaster designation authority to States. (Section 2103)
The Conference substitute adopts the House provision with
amendments. Conservation practices cost-share and soil rental
rate payments are authorized, as well as haying and grazing,
with conditions. Natural disasters may fulfill contractual
land management requirements imposing conditions on haying
and grazing, including restricting it to non-primary wildlife
nesting season. (Section 2206)
The Managers provide greater flexibility for haying and
grazing on acres enrolled in CRP, with appropriate
protections to maintain the conservation and wildlife value.
The Managers direct the Secretary to allow for these
specified activities on both general and continuous acres,
including on acres enrolled in practices like CP-25 rare and
declining bird habitat.
Similar to current USDA practice, the Managers intend to
provide flexibility to allow haying, grazing or other use of
forage under section 1233(b)(1)(B) with appropriate
safeguards under section 1233(b)(1)(A) or section 1233(b)(2)
of the Food Security Act of 1985. The Managers also recognize
that the impact of haying on some species of wildlife and
habitat quality may be more significant than grazing (which
can be adjusted through limits on the stocking rate) and
therefore intend the FSA to have discretion to set more
stringent limitations on haying and under what circumstances
haying is allowed. Specifically as part of the authority for
the Secretary to allow emergency haying, grazing or other
emergency use of forage outside the primary nesting season
(section 1233(b)(1)(B)(i)(I)(aa)), the Managers intend for
FSA to maintain the current procedures where the
respective county committees have the ability to request
such authorization from the respective state FSA committee
when any part of the county is designated as a level ``D2
Drought--Severe'' or worse according to the U.S. Drought
Monitor.
(5) Payments
The House bill directs the Secretary to pay not more than
40 percent cost-share and limits cost share for seed of
cover. It caps incentive payments for installing practices
and prohibits a cost share payment for mid-contract
management. It authorizes forest management payments, and
limits payments to not more than 100 percent of the total
cost. It directs the Secretary to consider the impact on
local farmland rental markets when determining annual rental
payments. It directs the Secretary to limit rental payments
for initial enrollment to not more than 80 percent of the
estimated average county rental rate. It also directs the
Secretary to limit payments for subsequent re-enrollments. It
increases the frequency of the rental rate estimate survey
from every other year to be published by September 15 each
year. The bill directs the Secretary to use estimates derived
from the survey to determine these rental rates. It limits
CREP rental payments to States to no more than 50 percent of
the cost of activities. (Section 2205)
The Senate amendment authorizes incentive payments for
continuous enrollment contracts under certain circumstances
based upon prices for major covered commodities. It directs
the Secretary to prioritize the enrollment of marginal and
environmentally sensitive land when considering offers. The
amendment adds a rental rate limitation of 88.5 percent. It
strikes paragraph (2) of subsection (g) and replaces it with
an exemption for payments received by rural water districts
or association for lands enrolled for the purpose of
protecting a wellhead and conforms subsection (g) to the new
paragraph (2). (Section 2104)
[[Page H9964]]
The Conference substitute adopts the House provision with
amendments that limit practice cost-share payments to actual
cost of practice installation, and 50 percent for the cost of
seed. Soil rental rates for general and continuous enrollment
are limited to 85 percent and 90 percent of the county
average, respectively, with secretarial requirement to
account for potential impact on local farmland rental market.
Incentive payments for continuous practices and forest
management are also authorized. It amends the rental rate
calculation methods for reenrolled land, to allow for state
and Conservation Reserve Enhancement Program (``CREP'')
partner input, and to maintain incentives for specific
practices or areas like wellhead protection zones. (Section
2207)
The Managers recognize that rental rates vary significantly
across the different production regions of the country. The
Managers direct USDA to use average rental rates that are
more reflective of local rental rates, including offering the
opportunity for State FSA and CREP partners to recommend
alternative rates with supporting information. The impact of
reducing the rental rates in CRP may be greater on dryland
production areas where soil conservation is a significant
resource concern. The Managers encourage USDA to work with
producers to address soil conservation concerns in semi-arid
production regions.
The Managers increased CRP's annual enrollment acreage cap
and reduced the soil rental rate limits in hopes that CRP
will more accurately serve one of its fundamental purposes:
retiring the most sensitive lands without competing with
local farmland rental markets (which may preclude some
farmers from having access to prime farmland). By
incorporating changes in the program that are more market-
based, the Managers are hopeful that highly productive land
will not be taken out of production while remaining
affordable for those who wish to utilize it for production
agriculture.
Furthermore, the Managers are concerned that the complexity
and expenses associated with seed mixes under CRP have led to
frustration on the part of landowners, a waste of taxpayer
dollars, and in some cases inferior cover on the ground if
the mix fails to take root. The Managers hope that USDA will
consider the hardiness and suitability of seed mixtures when
recommending multiple species blends, and consider seed
mixtures that contain fewer, hardier species and provide
adequate cover for wildlife and pollinators on sites where
cover is difficult to establish or maintain.
The Managers maintained continuous enrollment and
incentives for continuous practices, including signing
incentives, incentives to provide additional cost-share, and
those related to specific practices, such as buffers, and
wellhead areas, for certain high conservation value
practices. These continuous practices are typically smaller,
more targeted, and implemented only on parts of fields or
farms with higher practice establishment costs, which often
require higher payment rates.
(6) Conservation reserve enhancement program
The Senate amendment authorizes CREP in the '85 Act, which
applies to not less than 20 percent of continuous acres. The
Secretary is required to provide cost share payments as
components are completed. The Secretary is also required to
make incentive payments for a program that includes riparian
buffers, but not to exceed 100 percent of the management
cost. (Section 2105)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments limiting eligible partners and requiring a 30
percent minimum contribution from nongovernmental
organizations. CREP is expressly authorized, including
drought and water conservation agreements to address regional
drought concerns. (Section 2202)
The Managers encourage USDA to continue the enrollment of
acres in CREP in all regions of the country. The Managers
incentivize more enrollment of riparian buffers, including
forested riparian buffers, in CREP by authorizing the
Secretary to make-cost share payments for forested riparian
buffer maintenance throughout the length of the agreement and
to cover up to 100 percent of the cost incurred by the owner
or operator.
The Managers build upon past provisions that increase
flexibility for harvesting and grazing within CRP by
authorizing harvesting of products from food-producing woody
plants on forested riparian buffers, provided that
conservation benefits are maintained and only native plants
are planted within 35 feet of the watercourse. The Managers
expect USDA to make cost-share payments for installing stream
fencing, crossings, and alternative water development on
marginal pastureland to reflect the fair market value of the
cost of installation.
(7) Contracts
The House bill amends the authority to allow a 1-time early
termination in fiscal year 2019. It authorizes a transition
option to beginning farmers and ranchers to prepare land for
crop use, to provide extended time certification under OFPA,
and directs the Secretary to provide technical and financial
assistance to carry out plan requirements. (Section 2206)
The Senate amendment strikes early termination authority.
It authorizes a transition option from contract holders
beginning 2 years before termination of the contract,
includes short-term leases in the transition authority,
provides for certain new priorities and provides for
reenrollment for grasslands. It provides an authority for
owner or operator election relating to easements. (Section
2106)
The Conference substitute adopts the House provision, with
an amendment to maintain the current law transition option
into the Conservation Stewardship Program (``CSP''). It
reauthorizes a transition option for land that will be
prepared for organic production or enrolled in CSP or the
Environmental Quality Incentives Program (``EQIP''). Land
under contract may simultaneously be enrolled in the
Agricultural Conservation Easement Program (``ACEP'').
(Section 2204)
(8) Conservation reserve easements
The Senate Amendment defines terms, makes requirements for
the agreement between the owner and the Secretary, sets out
the terms and conditions of the easement, addresses
violations of the easement, and authorizes compatible
economic uses in certain circumstances. (Section 2107)
The House bill contains no comparable provision.
The Conference substitute accepts the Senate provision with
amendment to change the easement authority to a pilot program
for 30 year contracts for Clean Lakes Estuaries and Rivers
(CLEAR) practices and to include a Soil Health and Income
Protection Pilot Program. (Section 2204)
The Managers require FSA to carry out a pilot to
incentivize the use of 30-year contracts for the water
quality practices authorized through the CLEAR initiative.
The Managers would like producers to be given the opportunity
to enroll in and capitalize on the benefits of longer-term
contracts beyond the traditional 10-year contract, while
simultaneously maximizing environmental benefits associated
with the CRP. The Managers intend for this pilot to serve as
a tool for measuring demand for longer-term CRP contracts and
to provide insights into the conservation benefits associated
with long- term contracts.
(9) Eligible land; State law requirements
The Senate amendment directs the Secretary, in consultation
with the State technical committee, to make certain land
eligible for enrollment through regulation. (Section 2108)
The House bill contains no comparable provision.
The Conference substitute accepts the Senate amendment with
an amendment to limit the provision to partnerships
established before 2014. (Section 2209)
(10) Definitions
The Senate amendment amends the definitions used in
Subchapter B, the Conservation Stewardship Program, by adding
more ``conservation activities'' and amends the definition of
``stewardship threshold'' to direct the Secretary to use
certain criteria, tools or models, data and other methods.
(Section 2201)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
technical changes. (Section 2308)
(11) Establishment
The Senate amendment extends the authority through FY 2023
and amends the conversion provision to precede enactment of
the 2018 farm bill. (Section 2202)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
technical changes. (Section 2308)
(12) Stewardship contracts
The Senate amendment requires environmental benefits be
part of the measurement concept for types of performance. It
authorizes contract renewals and requires for renewals a
higher level of performance with respect to 2 existing
priority resource concerns in the initial contract. (Section
2203)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
technical changes. (Section 2308)
The Managers direct the NRCS to ensure that existing and
future CSP participants are given the opportunity to renew
expiring contracts before their original 5-year contract is
set to expire. Given that expiring contracts will no longer
be eligible for automatic renewals and instead must compete
within the same pool as applicants applying for a new
contract, the Managers direct NRCS to ensure that the renewal
process begins at the beginning of the fifth year of the
original contract so that contracts are re-enrolled before
they expire. The Managers expect USDA to rank the renewal
offers according to the same two primary ranking criteria
used for new contracts, in addition to including the results
from previous contracts.
(13) Duties of Secretary
The Senate amendment changes the annual program enrollment
to 8.797 million acres each fiscal year. It directs the
Secretary to manage the program to achieve a national average
payment rate. It authorizes payments for cover crop
activities and advanced grazing management. It authorizes a
1-time payment to a producer for comprehensive conservation
plan. The amendment authorizes the Secretary to allocate
State
[[Page H9965]]
funding for organic and transition to organic production. It
requires the Secretary, to the maximum extent feasible, to
manage the program to enhance soil health. (Section 2204)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
an amendment to strike the annual acreage allocation and the
national average payment rate. (Section 2308)
The Managers removed the acre-based funding method and the
$18 per acre national average payment rate for CSP. The
Managers intend this change to give NRCS greater flexibility
in administering the program to maximize the Federal
investment to achieve higher conservation benefits. This
change should allow NRCS to further the locally-led mission
of addressing local concerns by allowing greater investment
in local priorities. The Managers intend for NRCS to limit
contract offers that have an exceptionally high per-acre or
per-unit cost or that score lower for addressing applicable
priority resource concerns.
The Managers support USDA recognizing the use of innovative
technology such as enhanced efficiency fertilizers. Enhanced
efficiency fertilizers, which reduce nitrate losses to the
environment, help protect water quality, and reduce
greenhouse gas emissions, include slow- and controlled-
release fertilizers (absorbed, coated, occluded or reacted)
and stabilized nitrogen fertilizers (nitrification inhibitors
and nitrogen stabilizers). These tools are recognized in
USDA's conservation standards and specifications for nutrient
management and related practices and by State regulators of
fertilizers.
The Managers intend for USDA to provide program resources
for the development of a comprehensive conservation plan. The
Managers intend that payments for these plans can be prorated
over the life of the 5 year contract or paid in full the year
it is completed. The Managers intend for the plan to be
implemented in a subsequent CSP contract or through a
different conservation program, like EQIP.
When determining State funding allocations under CSP for
organics, the Managers intend for USDA to take into account
the number of certified organic and transitioning to organic
operations and the number of acres in certified organic and
transitioning to organic production in a State. Both criteria
are important to ensure that States with smaller organic
operations can compete fairly for funding with States with
larger organic operations.
The Managers intend for USDA to encourage States to give
higher consideration to contracts that include conservation
activities to improve soil health, where this consideration
is appropriate and in line with local conservation
priorities. This can take the form of higher-ranking points
or other similar prioritization of soil health in producer
applications.
The Managers direct NRCS to report on the payment rates for
conservation activities offered under CSP in each fiscal year
and analyze whether payment rates can be reduced for the most
expensive conservation activities. The Managers encourage
NRCS to evaluate payment rates to determine the most
impactful utilization of limited program dollars.
(14) Purposes
The Senate amendment adds adaption and mitigation regarding
weather volatility to the practices that sustain food and
fiber production in program purposes. It also authorizes new
program purpose authority regarding producer assistance to
address new or expected resource concerns, including crops
and drought resistant measures. (Section 2301)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification regarding the program's purpose of assisting
producers. (Section 2302)
The Managers added the modifiers ``identified or expected''
to resource concerns to help ensure that animal agriculture
producers who do not yet have livestock in their facility,
but have a contract for the animals to be delivered within a
reasonable timeframe, may apply for and be eligible for EQIP.
(15) Definitions
The House bill adds the following new inclusions to the
term ``practice'': conservation activities, precision
conservation, management planning, and the use of cover crops
and resource conserving crop rotations. It defines the term
``priority resource concern'' and the term ``stewardship
practice''. (Section 2301)
The Senate amendment defines the term ``conservation
planning survey''. It adds an inclusion to the definition of
``eligible land''. It amends the concept of other
agricultural land in the definition of the term ``eligible
land'' to include ``identified or expected'' resource
concerns. The amendment adds 2 new inclusions to the term
``practice'' improvements. It adds new inclusions to the term
``practice'' conservation activities. It adds a definition of
the term ``producer''. (Section 2302)
The Conference substitute adopts the Senate amendment with
modifications, defining the terms conservation planning
assessment, incentive practice, priority resource concern,
soil remediation and soil testing and amending the definition
of eligible land. (Section 2303)
The Managers expand eligible land inclusions for EQIP to
environmentally sensitive areas. The Managers intend for
these areas to be limited to associated agricultural land
with natural resource concerns, such as road-stream crossings
that a producer would use to access a field. These areas may
include land that producers use as part of their normal
agricultural operation, but is not limited to land in active
agricultural production where the natural resource concern
exists. Many of these areas are considered eligible by NRCS
today, but by including it in statute the Managers intend for
this to be implemented uniformly in all States.
The Managers recognize that by providing assistance to
producers to improve soil health on eligible land it may be
necessary to provide targeted assistance to test not only the
biological and physiological health of the soil, but also to
test for contaminants, including heavy metals, volatile
organic compounds, and polycyclic aromatic hydrocarbons. Not
only should the Secretary provide funding to cover the cost
for this category of targeted soil testing covered under
section 1240A, but funding should also be provided for
conducting scientifically based soil remediation practices to
be carried out by the producer. The Managers do not intend
for the Secretary to provide assistance that would be covered
under services provided through the Brownfields Program at
the Environmental Protection Agency (EPA), but do intend that
the Secretary provide an assessment of soil testing, as well
as recommendations and technical assistance (as covered under
section 1242), to improve overall quality and health of soil
by removing potential contaminants. In the event that the
expertise for making this assistance is not available at a
local or regional level, the Secretary may draw upon outside
expertise and/or provide training to agency staff so that
they may provide assistance and customer service to
producers.
The Managers direct the Secretary to conduct education and
outreach to producers regarding the uses of soil and methods
of addressing soil contamination and soil health degradation.
This outreach may include the sharing of current information
regarding soil testing protocols made available by the EPA
Administrator. Furthermore, on the request of a producer,
where soil is found to pose an imminent hazard to human or
animal health, the Secretary may refer the producer to the
EPA 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)).
(16) Establishment and administration
The House bill authorizes a wildlife carveout at 5 percent
for each of FYs 2019 through 2023. It amends the availability
of payments for water conservation or irrigation efficiency
practice and the list types of practices available for water
conservation and irrigation efficiency. It makes amendments
to priorities for payments for water reduction and cost-
shared practices. It authorizes a new authority for
stewardship contracts. (Section 2302)
The Senate amendment authorizes additional term authority
for wildlife practices. It makes amendments to the advance
payment authority. The amendment authorizes review and
guidance for cost share rates, conservation practice
standards. The amendment authorizes an increase payment for
high-priority practices. It decreases the livestock carveout
from 60 percent to 50 percent, including for grazing
management practices, and increases the wildlife carveout
from 5 percent to 10 percent. The amendment allows the
Secretary to provide water conservation and system efficiency
payments. It amends organic production payment limits to
$160,000 during FY 2019 through FY 2023. It authorizes a
micro-EQIP pilot program. (Section 2303)
The Conference substitute adopts the Senate amendment with
several modifications. The amendment moves section 2303(2) of
the Senate amendment, to section 2304(d) of this bill. It
modifies the Senate provision on advanced payments for
beginning farmers by striking the opt out concept, amending
it to be an assurance of notification to producers. It also
moves the cost-share provision and practice standards
provisions to section 1241 of the '85 Act. It also moves
high-priority practices to section 2304 of the substitute.
The amendment includes the Senate provision on irrigation,
livestock carve-out and wildlife carve-out, and the House
authority on stewardship contracts with a technical
amendment, but modifies the payment limit provision, and does
not include the Micro-EQIP pilot program. (Section 2304)
The Managers believe that conservation practices adopted
solely for the benefit of wildlife should be fostered with
contracts of maximum length allowed by law. Wildlife
practices often diminish agronomic value on working
agricultural lands because they have real implementation
costs and increase operational risks by reducing yield. These
practices are therefore highly unlikely to be sustained by
farmers without longer-term, incentives-based partnerships
with NRCS. In taking this action to encourage longer-term
contracts, the Managers intend that contracts for the benefit
of wildlife should not be limited by previous agency
interpretation limiting the length or term of these contracts
to three years or any other term less than 10 years.
[[Page H9966]]
The Managers authorize the Secretary to enter into
expedited contracting arrangements to deliver EQIP surface
and groundwater cost-share assistance for both on and off
farm conservation measures. The Managers provide that the
expedited cost-share assistance authorized by this drought
authority is specifically limited by project type, and shall
only be made available by the Secretary for a watershed-wide
project that will effectively conserve water, provide fish or
wildlife habitat, or provide for drought-related
environmental mitigation. The Managers further direct the
Secretary to prioritize assistance provided under this
authority to producers participating in efforts to stabilize
water resources of state or regional significance, and to
prioritize cost-share practices which improve agricultural
drought resiliency and productivity. In order to ensure
that EQIP cost-share assistance made available under this
provision does not disadvantage other regions and
conservation concerns, the Managers specifically state
that the Secretary is not authorized to modify the process
for determining the annual allocation of EQIP funding to
States. Rather these efforts should be addressed within
each State's locally led priorities with input from State
Technical Committees. Furthermore, the Managers intend
that the AGI waiver authority made available under this
provision apply only to the eligible entity, not to
individual producers.
The Managers recognize the broad and significant role of
EQIP in promoting environmental stewardship. In addressing
water quality as a resource concern, the Committee believes
that conservation programs should prioritize funding for
producers implementing fertilizer management practices that
incorporate the use of the right fertilizer source, the right
rate (amount of fertilizer), the right placement of
fertilizer (including precision application) and the right
timing of fertilizer applications (making the nutrients
available when the crop needs them). These practices are
recognized by the USDA-NRCS Nutrient Management Standard
(590) and have been proven to help producers optimize
production potential and protect the environment.
The Managers intend that conservation programs should
recognize the use of innovative technology, such as enhanced
efficiency fertilizers (including slow and controlled-release
fertilizers, stabilized nitrogen fertilizers). This
innovative technology can help producers to protect water
quality and reduce greenhouse emissions. In the case of EQIP
applications involving manure-to-energy projects, the
Managers encourage the Secretary to consider whether the
projects include an integrative approach to addressing
nutrient management and water quality issues.
The Managers make changes to the advance payment option
under EQIP by requiring notification of an advance payment
option to beginning, limited resource, and socially
disadvantaged producers. The Managers recognize that the
historic low utilization rate by these groups is likely due
to challenges with implementation and outreach, rather than
lack of interest. Advance payments should be timed so that
the 90 day period to expend all funds commences at the time
practice installation begins. The Managers encourage USDA to
explore options to provide assistance to small-scale and
limited resource agricultural producers to access EQIP to
address natural resource concerns.
The Managers believe that states should increase EQIP
incentives for those practices which are especially effective
at addressing local or regionalized priority resource
concerns. The Managers intend for the increased incentives to
promote further adoption of these highly beneficial practices
by producers in high priority watersheds. The Managers intend
that increased payments to producers under this provision
shall not exceed 90 percent of costs, even in the case of
producers who would otherwise qualify for increased payments.
The Managers direct the Secretary to ensure conservation
practice standards reflect the use of integrated irrigation
and nutrient management technologies, such as micro-
irrigation systems (e.g., drip irrigation). Such technology,
in addition to providing increased water efficiency, can be
used to distribute fertilizers and other nutrients directly
to plant roots, improve soil health, both water quantity and
quality, and reduce nutrient runoff. In the case of EQIP
applications involving irrigation projects, the Managers
encourage the Secretary to consider whether the projects
include an integrative approach to addressing nutrient
management and water efficiency issues.
The Managers intend for the new incentive contracts to be
available to producers for not less than five years, but no
more than 10 years to receive annual and cost-share payments
for adoption, installation, required management and
maintenance of incentive practices that attain increased
natural resource levels of conservation on the applicable
portion of the farm, ranch or forest as determined by the
producer. The Managers anticipate incentive practices with
broad resource benefits (including, but not limited to, cover
crops, transition to resource conserving crop rotations, and
incorporation of precision agriculture technologies into
agriculture operations) will be available to producers within
the program. Similarly, a broad suite of incentive practices
relating to grazing lands and forest lands will be available
to incentivize increased levels of conservation around
locally-established resource priorities.
(17) Evaluation of application
The Senate amendment authorizes application priority for
the consideration of the most effective practices to address
natural resource concerns. (Section 2304)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification, moving the priority to section 2503 of the
substitute, as an implementation provision. (Section 2503)
(18) Duties of the Secretary
The Senate amendment authorizes the Secretary, to the
maximum extent feasible, to streamline and coordinate between
the EQIP plan and CSP and manage the program for soil health.
(Section 2305)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment in
section 2304 of the Conference substitute. (Section 2308)
(19) Environmental quality incentives program plan
The Senate amendment amends the requirement for a CAFO plan
of operation to include ``progressive'' implementation.
(Section 2306)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2305)
The Managers intend for the Comprehensive Nutrient
Management Plan (``CNMP'') to remain a comprehensive and
whole farm plan. However, during a particular EQIP contract
period, it is not necessary for an existing facility with a
CNMP to achieve every aspect of the CNMP all at once if doing
so would be practically or economically infeasible. In such
instances, progressive implementation should include an
appropriate and realistic timeframe for the remaining
implementation factors after the end of the contract period,
including, if warranted, with additional EQIP assistance.
(20) Conservation innovation grants and payments
The House bill caps conservation innovation grants at not
more than $25 million for each of FYs 2019 through 2023 and
increases air quality funding at $37.5 million for each of
FYs 2019 through 2023. The amendment also includes new on
farm conservation innovation trials. (Section 2304)
The Senate amendment authorizes new program uses. It
reauthorizes the funding provision through fiscal year 2023.
(Section 2308).
The Conference substitute adopts the House provision with
amendment. The modifications include a provision specific to
community colleges and an authorization of partnerships with
farmers for certain innovative conservation practices, as
well as edge- of-field, emerging agricultural practices, and
other monitoring practices. The substitute does not include
the House cap on conservation innovation grant funds. The
amendment includes a soil health demonstration trial within
the authority for On-Farm Conservation Innovation Trials.
(Section 2307)
The Managers intend for the conservation innovation grants
to promote innovative conservation approaches that increase
green space, pollinator habitat, stormwater management,
carbon sequestration, and access to agricultural production
sites through land tenure agreements and other contracts.
The Managers believe that conservation innovation and
technological advancement should be farmer-centric and
support experimentation by farmers. It should harness
leading-edge technology and data science while also
leveraging private expertise and capital. Producers are also
reluctant to introduce new conservation practices across the
entire farming operation without first testing how they work
in practice. Current law has focused on innovation of
practices but not enough on testing and adoption at field
scale in partnership with farmers. An important component of
innovation trials is involving the private sector and the
Managers intend commercial entities to work together with
NRCS to test and prove new conservation practices.
The Managers intend that innovation trials take place on a
variety of operations that reflect the diversity of producers
and natural resource concerns present across the United
States, and that payments be made to producers across a range
of operation sizes. Included in the innovation trials is a
Soil Health Demonstration Trial, which USDA should implement
by drawing upon the expertise and resources of outside
partners (including commodity groups and producers) to mirror
and build upon existing soil health projects.
Furthermore, the Managers intend that the conservation
practice database be a publicly available and continuously
updated resource that informs the public on USDA conservation
practice standards and contributes to the conservation
efforts of partners and producers in the agricultural
community.
The Managers intend for the Secretary to ensure all
producers in the innovation trials meet EQIP eligibility
requirements before participation in the program. The
explicit statutory language requiring the Secretary to
enforce adjusted gross income requirements for producers
shall not preclude or impact enforcement of these
requirements in other conservation programs.
[[Page H9967]]
(21) Soil health demonstration pilot project
The Senate amendment authorizes a soil health demonstration
pilot project that includes financial incentives for
producers in appropriate geographic regions, including at
least 1 drought prone region, and establishes protocols for
measuring gains in soil health. The amendment also authorizes
a study on soil health and economic outcomes, report to
Congress and provides $15 million annually through fiscal
year 2023 to carry out the pilot. (Section 2309)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications within the authority for On-Farm Conservation
Innovation Trials. (Section 2307)
(22) Wetland conservation
The House bill requires the Secretary to identify
regulatory categorical exemptions within 180 days of
enactment of the 2018 farm bill as it relates to the minimal
effects exemption. It further provides $10 million in
mandatory funds for wetlands mitigation banking beginning in
FY 2019, which funds shall remain available until expended.
It also authorizes appropriations of $5 million for each of
FYs 2019 through 2023. (Sections 2101 and 2102)
The Senate amendment requires that the requisite on-site
inspection occur in the presence of the affected person, as
long as they are available for such inspection. It clarifies
that no person shall become ineligible if the Secretary
determines an exemption under section 1222(b) of the '85 Act
applies to that person. It directs the Secretary, within 1
year, to identify categorical minimal effect exemptions in
compliance with certain laws and regulations and in
consultation with particular groups. The amendment eliminates
mandatory funding for mitigation banking and instead
authorizes $5 million in appropriations for each of fiscal
years 2019 through 2023. (Sections 2401, 2412, and 2413)
The Conference substitute adopts the Senate amendment to
section 1221(d) of the '85 Act with a modification to the
authority for on-site visits without the affected person
present. The substitute also deletes the House and Senate
provisions on minimal effects under 1222(d). (Sections 2101
and 2102)
(23) Conservation security program
The House bill repeals the conservation security program
and conservation stewardship program authorities. It
clarifies that the amendment does not have an impact on
existing contracts. It also prohibits the Secretary from
renewing existing contracts. (Section 2801)
The Senate amendment repeals subchapter A of chapter 2 of
subtitle D of the '85 Act. (Section 2402)
The Conference substitute repeals both conservation
programs and establishes the subchapter B of chapter 2
authority in subchapter B of chapter 4 of the '85 Act. It
also provides transition authority, monetizes the acreage
cap, and establishes the Grasslands Incentive Program.
(Sections 2301 and 2308)
With the combination of CSP and EQIP under Chapter 4, the
Managers intend for the Secretary to implement the programs
in coordination with each other while also maintaining each
subchapter as a separate and distinguishable program with a
distinct purpose. The Managers intend for USDA to continue to
seek applications and enroll producers in both EQIP and CSP
each year, and to promote both programs equally among
producers.
This reorganization of programs provides an opportunity to
streamline procedures for both programs so that they
complement each other and provide a better customer service
experience for producers, while maximizing the conservation
potential of this chapter. Streamlining efforts for these
programs should include applications, contracting,
conservation planning, conservation practices, and related
administrative procedures. The Managers encourage USDA to
provide outreach and technical assistance to producers to
assist them in resolving priority resource concerns through
adaptive management and continual improvement through both
programs.
The Managers intend for CSP and EQIP under Chapter 4 to
provide flexibility at the local level to address issues for
all production systems, especially those in semi-arid areas
where there is a need for practices to increase water savings
and climate resiliency. For example, wheat growers need to be
able to access the program through conservation practices
that are specific to local production needs and that includes
areas with lower rainfall. The Managers believe USDA should
provide appropriate conservation practice and enhancement
options for producers that focus on drought mitigation and
dryland agriculture. The Managers also believe USDA should
also provide assistance at varying levels of conservation
performance, to enable all producers to access conservation
assistance.
The Conference substitute establishes a new Grassland
Conservation Initiative within Subchapter B of the
Conservation Stewardship Program. The Managers require USDA
to establish this initiative beginning in fiscal year 2019
and intend the first opportunity to enroll be provided in
fiscal year 2019 to eligible land on a voluntary basis. The
Managers expect that additional enrollments also be offered
in each subsequent fiscal year at a time determined
appropriate by the Department. Regardless of the fiscal year,
eligible land, as defined, shall be enrolled only once in the
program. The Managers expect FSA and NRCS to work
concurrently to identify and provide program information to
producers who have eligible acres to enroll in the program.
The Grassland Conservation Initiative establishes a statutory
$18 per acre payment rate and payments shall be made on an
annual basis. The Managers do not intend for the Grassland
Conservation Initiative to be administered in the same exact
manner as CSP and have established separate program
requirements. The Managers do not intend to require that the
eligible land enrolled has to be in grass at the time of
enrollment or maintained as grass for the life of the
contract for purposes of addressing a resource concern. The
Managers do not intend for the grassland contracts to be
subject to CSP payment limits. The Managers provide an early
termination of the contract at any time without penalty to
the producer, and all land enrolled during a crop year shall
be planted or considered planted to an agricultural commodity
during that crop year.
(24) Conservation of private grazing land
The Senate amendment adds authority for partnerships.
(Section 2403)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2404)
(25) Soil health and income protection program
The Senate amendment authorizes the soil health and income
protection program to assist landowners with conserving and
improving soil, water and wildlife resources. It allows
agreements entered under this program to be for 3, 4, or 5
years. Provides an authorization of appropriations to carry
out this program. (Section 2404)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification authorizing a pilot program in the
Conservation Reserve Program. (Section 2204)
(26) Grassroots source water protection program
The House bill extends this authority through FY 2023. It
authorizes $5 million in mandatory funding beginning in FY
2019, to remain available until expended. (Section 2402)
The Senate amendment authorizes $25 million in
appropriations for each of fiscal years 2019 through 2023.
(Section 2405)
The Conference substitute adopts the House provision.
(Section 2405)
(27) Soil testing and remediation assistance
The Senate amendment authorizes soil testing and
remediation assistance. It requires the Secretary to work
with producers to mitigate the presence of contaminants in
soil, including by establishing a soil testing protocol,
providing technical assistance for testing and remediation,
education, outreach. It also authorizes a referral to the
Environmental Protection Agency if necessary for additional
remediation assistance. (Section 2406)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications, including to the definition of ``practice''
under EQIP authorities. (Section 2303)
(28) Voluntary public access and habitat incentive program
The House bill authorizes $50 million in mandatory funding
for the period of FY 2019 through 2023. (Section 2403)
The Senate amendment merges the conservation innovation
grant authority with the voluntary public access and habitat
incentive program authority. It authorizes $40 million of
mandatory funding from Chapter 5 of the '85 Act for the
period of FY 2019 through 2023 towards the voluntary public
access and habitat incentive program. (Section 2407)
The Conference substitute adopts the House provision. It
simplifies the current grant application process, increases
funding in response to increased popularity, and includes
additional incentives intended to encourage owners of private
land to allow public recreation on land containing wetland
reserve easements. (Section 2406)
The Managers intend the $3 million for enhancing access to
Wetland Reserve Easements (``WRE'') to be utilized to
determine the level of interest among States in providing
public access for hunting, fishing, and other recreational
activities on WRP/WRE acreage. Because there are legitimate
concerns about the scarcity of public access and the quality
of wildlife habitat on wetland easements, landowners who are
not utilizing or underutilizing enrolled land for personal
use could potentially be incentivized to open their enrolled
land to public use. After making a reasonable effort to
conduct landowner outreach, if the Secretary determines that
exchanging incentives for public access for recreation on
WRE/WRP acreage would not be realistic, remaining funds are
to be available for the other purposes of the program.
(29) Agriculture conservation experienced services program
The Senate amendment sunsets the ACES authority on October
1, 2023. (Section 2408)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(30) Remote telemetry data system
The Senate amendment directs the Secretary to encourage the
use of remote telemetry data systems for irrigation
scheduling
[[Page H9968]]
in the environmental quality incentives program. (Section
2409)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
The Managers recommend that USDA recognize as a best
management practice in conservation programs the use of
remote telemetry data systems for irrigation scheduling.
Remote telemetry data systems, as used for irrigation
scheduling, combine the use of field, weather, crop and soil
data, which ensures that the precise amount of water is
applied to crops to promote water and energy efficiency while
also increasing crop yields. The Managers encourage USDA to
incorporate remote telemetry data systems as a best
management practice under the Environmental Quality
Incentives Program.
(31) Agricultural conservation easement program
The House bill clarifies that one of the program purposes
of the Agricultural Conservation Easement Program is to limit
non-agricultural uses of land that negatively affect the
agricultural uses and conservation values. It strikes
``restoring and'' and inserts ``restoring or''. It amends the
definition of ``eligible land'' to include up to 100 percent
of the described parcel under certain enrollment
circumstances. It strikes the consultation requirement with
the Department of the Interior. The bill defines the term
``monitoring report''. It authorizes technical assistance to
implement the program. The bill allows for other forms of
contributions from the eligible entities: cash contribution,
charitable donation or funding from a non-USDA federal
source. It continues the same cap for grasslands. The bill
amends minimum terms and conditions to also require those are
consistent with the agricultural use of the land. The bill
further clarifies that the current right of enforcement does
not extend a right of inspection unless the holder of the
easement does not provide timely monitoring reports. The bill
also strikes the Agricultural Land Easement ``(ALE)'' plan
requirements and requires a conservation plan for highly
erodible cropland. It requires proof of fraud or gross
negligence to require a refund. The bill authorizes
additional provisions regarding mineral development and
environmental services markets. It authorizes within the
entity certification a process to allow a certified eligible
entity to use its own terms and conditions. It adds
certification criteria regarding those accredited by the Land
Trust Accreditation Commission with certain requirements. The
bill amends subsection (d) of the '85 Act by amending the
technical assistance authority to assist in compliance with
the terms and conditions of easements. It requires the terms
and conditions of a wetland easement to comply with a grazing
management plan that is modified at least every 5 years. The
bill strikes ``or off- site'' in paragraph (4) of subsection
(a) of the '85 Act and the term ``proposed or'', which is
replaced with ``permitted or''. It separates out and provides
new modification and termination authorities. It prohibits
the limitation in section 1001D(B)(1) of the '85 Act from
applying to a landowner with respect to any benefit described
in paragraph (2)(B) of that section, related to the purchase
of the easement. (Sections 2601-2605)
The Senate amendment clarifies that one of the purposes of
ACEP is to limit non-agricultural uses of land that may
negatively impact the agricultural uses and conservation
values. It adds acequias to the list of eligible entities. It
amends the definition of ``eligible land'' to reflect the
additional requirements for eligibility of certain land. The
amendment authorizes buy-protect-sell transactions and
authorizes technical assistance to implement the program,
including for the development of a conservation plan. It
strikes clause (ii) of subsection (b)(2)(B) of the '85 Act
regarding the source of contribution and replaces it with a
charitable donation, certain costs related to securing a deed
and other costs, as determined by the Secretary. The
amendment requires an applicant to develop an agricultural
land easement plan. It adds an additional priority for
applications that maintain agricultural viability. It amends
minimum terms and conditions to also require those are
consistent with the agricultural activities to be covered.
The amendment strikes the ALE plan requirements in clause
(iv) of the `85 Act and requires in a new subparagraph the
terms and conditions exclude a right of inspection, unless
monitoring reports are not provided. It authorizes additional
terms and conditions. It also adds an additional term and
condition authorizing the certified eligible entity to use
its own terms and conditions to account for geographic
differences. The amendment adds two certification criteria
for those accredited by the Land Trust Commission with
certain different requirements or State Departments of
Agriculture or other State agencies. It adds acequias as an
entity that may enroll in a 30-year contract. It adds as a
consideration the ability of the land to sequester carbon.
The amendment adds as a priority the improvement of water
quality. It adds acequias as eligible entities for a contract
or agreement regarding technical assistance and to carry out
special wetland reserve enhancements. The amendment
authorizes the Secretary to establish or restore alternative
vegetative communities. It provides that subsection (a)(2) of
the '85 Act (new subparagraph (B)) is subject to the new
acequia authority. It provides authority for the Secretary to
acquire land owned by acequias. The amendment authorizes the
Secretary to terminate or modify a contract under section
1231(a) of the '85 Act if the land is enrolled in an ALE
easement under section 1265C(b). It authorizes the Secretary
to simultaneously enroll land subject to an easement in a CRP
contract under subchapter B of chapter 1 of the '85 Act.
(Section 2410)
The Conference substitute adopts the House provision with
amendments. It narrows existing limitation on nonagricultural
uses to those that negatively affect agricultural and
conservation values while expanding cost-share and program
eligibility, including land subject to buy-protect-sell
transactions, and broadens secretarial authority to set
application criteria and modifies authority to conduct
enforcement, subordination, modification, exchange, and
termination of easements. It also provides additional
allowable conditions an easement holder may place on the
agreement and prioritizes water quality improvement on
wetland reserve easements. It authorizes alternative
vegetative communities. Land enrolled under ALE may
simultaneously be enrolled under a CRP contract. (Subtitle F)
The Managers make amendments to both Agricultural Land
Easements and Wetland Reserve Easements in order to improve
program deliverability. The Managers expect the agency to
prioritize the maintenance and enhancement of the functions
and values of currently enrolled WRE. While some States have
effectively achieved increased wetland functions and values,
including optimum wildlife habitat, more could be done by
States to achieve these goals. By including these statutory
changes for WRE, the Managers hope to ensure these wetlands
and associated upland areas will be managed so the taxpayers
receive the wildlife habitat and water quality benefits they
have paid for and deserve.
The Managers included language on alternative plant
communities and intend for the agency to eliminate the 30
percent restriction on restoration of alternative plant
communities as part of a wetland reserve easement, and to
provide flexibility in wetland restoration to enhance wetland
functions and migratory bird habitat values and contribute to
the goals of state, regional, and local conservation
initiatives.
Riparian areas are critical to wildlife conservation and
water quality, especially in the Southwest where non-
contiguous riparian habitats constitute a major portion of
those States' wetlands. These riparian areas in the Southwest
that are not connected to permanently protected wetlands are
eligible for WRE, and the Managers urge the Secretary to
invest the resources needed to make WRE a useful and well-
used tool in those states where riparian areas are so
critical to wildlife, including in New Mexico and Arizona.
The Managers' intent behind allowing flexibility and
additional options in the non-federal share of cost share
assistance (matching funds) is to broaden the ability of
entities to participate in ALE, including for grasslands of
special environmental significance, across a more diverse
geography. The intention of the language is to provide better
access to the program to states where farm and ranchland
preservation funding is not readily available like South
Dakota, Texas, and Alabama. The Managers do not believe the
program should be limited only to entities that can provide
cash match. It is important to acknowledge other expenses
that an entity must take on, such as the long-term expense of
monitoring an easement or other additional upfront costs. The
Managers believe that the long-term strength of the program
is derived from making the program available as broadly and
equitably as possible across diverse regions of the country.
The Managers do not intend for USDA to reject cash match
entirely but to broaden the options available to eligible
entities.
The Managers have made two main changes to certification
language in the Conference substitute. The first is to
clarify the intent of Congress that a certified entity should
be able to write its own deed terms, subject to minimum deed
terms set by NRCS. This was the intent in the Agricultural
Act of 2014 and is clarified here. The Department should not
put undue burden on an entity's ability to write its own deed
terms. Second, the Managers have provided three pathways for
eligible entities to be certified. The first is the
Agricultural Act of 2014's retained provision enabling any
eligible entity to be certified if it demonstrates to the
Secretary certain capabilities around acquiring,
administering and enforcing agricultural land easements. Two
additional pathways have been created one for accredited land
trusts, and the other for State agencies with statutory
authority for farm and ranch land protection. In order to
become certified, the entity must have acquired a certain
number of easements through a Federal easement program and
successfully met program responsibilities in doing so.
The Managers limit the Secretary's authority to the right
of enforcement under the program and clarify that such right
only extends to a right of inspection in two cases: (1) where
a monitoring report is not supplied or (2) when there is
reasonable evidence of violation of the terms of the
easement. The Managers intend for entities to be the primary
agent for enforcement of the deed terms reinforcing
Congressional intent back to the Food, Conservation, and
Energy Act of 2008.
The Managers defined a monitoring report in order to
provide clarity to NRCS on the
[[Page H9969]]
documentation required by eligible entities. The Managers
believe that this clarification is needed to ensure that NRCS
respects the role of the eligible entity and does not pursue
an inspection role while the eligible entity is fulfilling
responsibilities under their agreements and providing
reports to NRCS.
The Managers modified the definition of eligible land to
allow for agricultural land to be owned by an eligible entity
on a transitional basis to qualify for program participation,
provided that the land subject to the agricultural land
easement be transitioned to farmer or rancher ownership
within 3 years. The language provides two pathways for these
``Buy-Protect-Sell''-type projects, both of which allow an
application to the program for purchase of an agricultural
land easement without a pending offer and without
identification of the farmer or rancher to whom the land will
eventually transfer.
The Managers recognize the value of ``Buy-Protect-Sell''
projects, which are intended to help farmers and ranchers
gain access to affordable farmland, and the need for
flexibility in the program to facilitate their use. The
Managers recognize that the process of identifying a farmer
or rancher to purchase the protected land and effecting the
sale of that land can take time, and that unforeseen
circumstances can delay a sale. With this in mind, the
timeline--and option for extension--laid out in this section
is intended to provide as much flexibility as possible, while
at the same time holding eligible entities to the terms of
their initial application.
By striking the consultation with the Secretary of the
Interior, the Managers do not intend to exclude the
Department of the Interior from involvement in WRE. It is the
intent of the Managers that the Secretary of Agriculture
continue to implement the program in close partnership with
the Department of the Interior at the local level.
While the Conference substitute removes the requirement for
an ALE plan as part of the minimum deed terms (except for
land with highly erodible soil), the Managers encourage USDA
and eligible entities to work with landowners entering into
an ALE easement to undertake conservation planning activities
on their land in order to maximize the environmental value of
the protected land.
The Managers recognize the substantial investment taxpayers
make in easements and understand the importance of ensuring
taxpayer dollars are wisely spent. However, on limited
occasions, there may be justifications for changes to
easements. Entities participating in the ALE program take the
obligations that come with stewarding perpetual easements
very seriously. Modifying an easement can be necessary from
time to time for a variety of reasons. Modifications should
be done to (1) add acreage; (2) improve conservation values;
or (3) improve the administration of the easement.
Alternative options should always be considered before
administrative action is taken to change or modify the terms
of the easement. Terminating an easement should only be done
in very rare cases and the Conference substitute does not
weaken the current requirements for termination actions. In
the case of termination actions, the United States should be
fully compensated, including for any restoration costs.
However, the Managers understand there needs to be some
flexibility and straight forward rules in these rare
instances of termination. The Managers expect that the
Department will provide entities with the flexibility to
properly administer perpetual easements, but to be prudent in
the use of this flexibility. The Managers intend that a
contribution shall not fail to be considered a qualified
contribution under the Internal Revenue Code of 1986 based
solely on the termination authority granted to the Secretary
under this section.
The Managers include the consideration of agricultural
viability as a priority for the Secretary in evaluating
applications under the program. The Managers consider the
components of agricultural viability to include those that
enable a producer to productively operate a farm or ranch on
the protected land; maintain the long-term affordability of
the protected land; maintain an economically sustainable farm
business on the protected land; and maintain the protected
land in a way that enables its agricultural use by future
generations of farmers and ranchers.
The Managers intend to provide explicit authorization for
eligible entities to add deed terms to the agricultural land
easement that address farmland affordability and keep the
protected parcel in farmer ownership. The Managers envision
that these deed terms include those that NRCS has permitted
in ALE easement purchases in Vermont and Massachusetts, known
as the Option to Purchase at Agricultural Value, as well as
deed terms with a similar purpose, such as a Preemptive
Purchase Right.
The Managers allow for entities holding an ALE to add deed
terms that address mineral development. The intent of the
Managers is to provide statutory clarity to the issue of
mineral development on easement lands. The Managers have
determined that instances when the ALE program prohibits
subsurface mineral development on lands where mineral rights
have been severed, they are limiting the applicability and
impact of the program by eliminating otherwise high value
conservation lands from program eligibility. This provision
does not negate or supersede any other applicable laws,
including State laws, which may otherwise apply to any
mineral development activities. In the event that mineral
development rights are reserved and exercised under the
program, the activity should be consistent with the
conservation and agricultural purposes of the land and all
provisions of the program. It is not the intention of the
Managers to have a massive expansion of mineral rights
exploration on ALE lands but it is intended to provide
clarity, especially on lands where mineral rights are severed
and not owned by the landowner. This language is not intended
to require States that have specific prohibitions against
mineral development on eased lands to allow mineral rights
development on eased lands.
(32) Regional conservation partnership program
The House bill amends the term ``covered program'' to
include CRP and the Watershed Protection and Flood Prevention
Act. It amends the term ``eligible activity'' to include
``resource-conserving crop rotations''. It amends the same
term to include protection of source waters for drinking
water. The bill amends the length of the partnership
agreements to limit an agreement and renewal to 5 years, and
one extension up to 12 months. The bill further authorizes
the Secretary to enter into a partnership agreement,
including a renewal under subsection (d)(5) of the '85 Act
for longer than 5 years if necessary to meet the objectives.
It amends subsection (c)(1) (E) of the '85 Act to include
quantification of the project's environmental outcomes. It
also directs the Secretary to conduct a ``simplified''
competitive process. The bill authorizes applications for
renewals for certain purposes. It also amends the Adjusted
Gross Income (``AGI'') waiver authority under section 1001D
of the Act to create an exemption to the limitation of
paragraph (2), as well as any limitations related to the
covered programs for producers. The bill authorizes mandatory
funding at $250 million for each of fiscal years 2019 through
2023. It directs the Secretary to provide guidance on how to
quantify and report environmental outcomes and the progress
being made towards quantifying and reporting the same. It
eliminates the limitation applying the Small Watershed
Program to only Critical Conservation Areas (``CCA'').
(Sections 2701-2706)
The Senate amendment amends the program to simplify and
streamline the program. The Senate amendment eliminates the
requirement for USDA to operate the program through the terms
and conditions of the covered programs and instead requires
USDA to operate it as a stand-alone program using a new
program contract for producers. The Senate bill included new
authority for renewal of partnership agreements, provided
more flexibility in the partner funding contributions,
eliminated and replaced Alternative Funding Arrangement
authority with a new grant authority limited to 30 percent of
annual funding, eliminated the national funding pool and
created a new multistate funding pool, increased mandatory
funding to $200 million per year, retained the 7 percent
reservation of funds from the covered programs, and revised
criteria for CCA designations. (Section 2411)
The Conference substitute adopts the Senate amendment with
modifications. The conference report maintains most of the
Senate bill reforms, with a few amendments. The two Senate
bill funding pools will be fund equally between states and
multistate CCAs. The new grant authority from the Senate bill
is revised to allow USDA to enter into up to 15 grants or
Alternative Funding Arrangements per year with eligible
partners. Mandatory funding is increased to $300 million per
year and the 7 percent reservation of funds is eliminated.
(Subtitle G)
The Managers streamline the operation of the Regional
Conservation Partnership Program (RCPP) to increase program
adoption by eligible partners and producers alike. The
Managers intend for USDA to use the covered programs (as
defined in statute) as a guide for what conservation
activities can be done through partnership agreements and
contracts with producers, but do not intend for USDA to
continue to implement RCPP through the rules and regulations
of the covered programs. NRCS shall run RCPP as a stand-alone
program, with its own rules and regulations, and shall revise
the program to focus on increasing producer access, improving
conservation outcomes, and simplifying procedures.
The Managers do not intend for the change in RCPP's
eligible activities to, in any way, lessen the prioritization
of projects that may include drought mitigation, flood
prevention, water retention or water quantity and groundwater
recharge activities. The availability of funding to address
these issues remains of utmost importance in many regions of
the country.
The Managers continue to believe that initiatives developed
at the local level and with local input are critical to
ensuring the success of this program. Therefore, the Managers
encourage potential project partners to engage with
conservation districts within the boundaries of a proposed
project for input and feedback on the natural resource
priorities that have been identified. The Managers encourage
NRCS to include conservation district engagement within its
ranking criteria.
The Managers modified the terms in the establishment of
RCPP to ensure eligible partners entering into agreements can
be funded through alternative funding arrangements and grant
agreements through which the eligible partners can implement
projects and provide financial assistance directly to
[[Page H9970]]
producers. It also modifies the purposes of the program by
striking the use of covered programs under RCPP and refocuses
the program on carrying out conservation activities through
program contracts outside of covered programs. The Managers
intend for this to change how NRCS carries out RCPP by moving
away from implementation directly through the covered
programs.
The definition of `covered program' under RCPP is revised
to be a ``purpose, activity, or agreement'' of EQIP, CSP,
ACEP, CRP, Healthy Forest Reserve Program, and the Watershed
Act. The Managers intend this change to mean that a
partnership agreement must include a purpose, activity or
agreement that is authorized in one of the covered programs,
but not be carried out through the covered program.
The definition of eligible partner is updated to
specifically include acequias, land trusts and other
organizations who have authority to hold conservation
easements, and conservation districts. The Managers note that
these entities are already considered eligible partners by
NRCS, but wanted to make that clear in statute so they
continue to be eligible in the future.
While the Managers intend to allow a partnership agreement
longer than 5 years under RCPP, they expect the Secretary to
only allow longer agreements in select situations, like if
the longer period is concurrent with a deadline established
under a State or Federal program that relates specifically to
the project.
The Managers emphasize the importance of a partner's duty
to quantify the environmental outcomes of their RCPP
projects, and partners are encouraged to assess and report on
the economic and social outcomes of their projects, as
partners may be able to encourage increased adoption of
conservation practices. The Managers expect the Secretary to
provide guidance to partners on how to quantify and report on
the outcomes of their projects. This guidance should include
methods and tools that can be used to quantify outcomes at
varying scales appropriate to projects (regional, state,
county, watershed, field, etc.), and for the various natural
resource concerns addressed by projects. The Managers
emphasize the importance of presenting the progress of
partners and participating producers in regular reports to
Congress, while recognizing that different conservation
practices have differing timelines for their full effects to
be realized.
The Managers clarified the partner contribution
requirements to ensure that a partner contribution can be a
combination of financial or in-kind contributions, and that
time spent between the announcement of the project award and
the signing of the partnership agreement can be counted
toward the partner contribution.
The Managers intend for NRCS to ensure that there is a
staff person in every state to serve as an RCPP coordinator.
This person should be available to assist partners with
implementing the project and provide reports and other
information required by the Secretary. While the Managers did
not include the requirement for modification of conservation
practice standards from the Senate bill within RCPP, this
authority was moved to Section 1242 of the Food Security Act
of 1985 so that the modification of conservation practice
standards can be allowed for all conservation programs.
The Managers direct USDA to create a simplified application
process for eligible entities, particularly new partners and
small organizations.
The Managers intend NRCS to develop a separate,
noncompetitive process for renewing successful partnership
agreements. NRCS should ensure that only the most successful
projects qualify for renewal, and the Managers do not intend
for renewals to use a majority of funding available each
fiscal year. Since the national funding pool is eliminated,
the Managers intend that any eligible partner that was funded
through the national funding pool and otherwise meets the
requirements for renewal of that partnership agreement shall
be renewed with funding from the applicable State or multiple
State competitive process.
The Managers encourage the Secretary to provide all RCPP
applicants who are not awarded a partnership agreement,
information and feedback, including written information and
feedback as appropriate, for improvements that could be made
to the application to make it more competitive if the partner
chooses to apply again in the future.
The Managers provided new authority for the Secretary to
deliver RCPP through a new program contract with producers
that is not a contract from a covered program. The Managers
intend the Secretary to have greater flexibility in setting
the terms of the program contract and the type of
conservation activities to be undertaken by producers. New
application bundles are authorized to give higher priority to
projects where a majority of producers in a watershed agree
to submit applications for conservation activities. The
Managers intend the Secretary to utilize this authority when
there would be a greater conservation benefit to the
watershed.
The Managers authorize USDA to enter into both alternative
funding arrangements and grant agreements with eligible
partners, depending on the specific requirements of the
project. The alternative funding arrangement or grant
agreements provision replaces the problematic ``alternative
funding arrangement'' (AFA) provision in the current law. The
current AFA provision proved to be time-intensive and
difficult to contract for multi-producer, irrigation
infrastructure projects and other watershed scale projects,
and only two AFA contracts were completed nation-wide under
the current law. This section addresses the short-comings of
the current AFA provision by providing new statutory
authority for straight-forward contracting with an eligible
partner implementing an RCPP project directly with multiple
producers, such as a project to upgrade water delivery or
irrigation infrastructure owned by a canal company, ditch
company, or irrigation district.
The Conference substitute limits AFA and grant projects to
no more than 15 projects per year. The Managers encourage the
Secretary to use discretion to ensure that the project can
truly be carried out more effectively through the alternative
funding arrangement or grant than through the traditional
partnership agreement model. The Managers also intend for the
eligible partners to ensure that the projects under this
authority directly benefit and involve producers.
While the eligible partner will be responsible for
contracting with producers and making payments to producers,
the Secretary may provide technical and administrative
assistance to support the eligible partner. Such assistance
includes checking producer eligibility requirements,
including conservation compliance, adjusted gross income, and
payment limits.
While the Conference substitute included alternative
funding arrangements alongside grants within this authority,
it is the intent of the Managers that the Secretary utilize
alternative funding arrangements to provide both flexibility
in implementation and support for eligible partners. The
Managers recognize that AFAs may provide the Department with
more administrative flexibility, but intend for these to run
very similar to a grant agreement. If the eligible partner
and the Secretary so choose, they may simply enter directly
into a grant agreement in lieu of an AFA.
In order to simplify the application process, the national
funding pool is eliminated. Partners can apply if they are in
a critical conservation area, or under a new state and
multistate funding pool. The Managers intend the state and
multistate funding pool to fund both large and small
projects. For the multistate authority, the State
Conservationist for each state involved should agree to fund
the project in order for it to be awarded.
There has been considerable frustration among partners
regarding the use of technical assistance by NRCS in
implementing the program. The Managers intend NRCS to be
straightforward and up front with partners about the amount
of technical assistance that will be needed to implement
projects and to report publicly on that information. To help
further its capacity to get conservation on the ground, NRCS
should increase efforts to engage third-party providers in
technical assistance for projects.
The Managers intend for NRCS to continue to apply
conservation compliance requirements to producers
participating in projects through RCPP, including through the
alternative funding arrangement or grant agreement authority.
The Managers expect the Secretary to work with eligible
partners to ensure participation in projects by beginning
farmers and ranchers, veteran farmers and ranchers, socially
disadvantaged farmers and ranchers, and limited resource
farmers and ranchers. Both USDA and eligible partners shall
conduct outreach and provide technical assistance to
historically underserved producer groups to ensure that these
groups actively participate in RCPP projects.
The Managers intend the current Critical Conservation Areas
(CCA) to remain in place for the duration of the 2018 Farm
Bill, unless the Secretary can demonstrate the resource
concerns have been fully addressed for the CCA. In addition,
some partners believe that some project awards in a CCA were
not directly addressing the primary resource concerns for the
respective CCA. The Managers intend for the Secretary to only
award projects in the CCA directly related to the primary
resource concerns for a CCA.
The Managers expect the Secretary to provide guidance to
partners on how to quantify and report on the outcomes of
their projects. This guidance should include methods and
tools that can be used to quantify outcomes at varying scales
appropriate to projects (regional, state, county, watershed,
field, etc.) and for the various natural resource concerns
addressed by projects. The Managers emphasize the importance
of presenting the progress of partners and participating
producers in regular reports to Congress, while recognizing
that different conservation practices have differing times
for their effects to be realized.
(33) Emergency conservation program
The House bill restructures section 401 of the Agricultural
Credit Act of 1978 (the ``ACA'') into two subsections
amending existing law to add wildfires and creating a new
subsection for repair and replacement of fencing with option
to receive the payment in advance. It adds new section 402A
to the ACA, providing maximum cost-share rate, exceptions for
Limited Resource Farmers and Ranchers, Beginning Farmers and
Ranchers, or Socially Disadvantaged Farmers and Ranchers, and
a maximum payment limitation. (Section 2406)
The Senate amendment amends section 403 of the ACA and adds
two new sections (authorities). It provides a payment limit
and
[[Page H9971]]
establishes a set-aside of program funds for repair and
restoration of fencing. Section 12614 of the Senate amendment
is identical to section 2406 of the House bill, with the
exception of the 25 percent maximum pre-payment limit and
return of funds requirement. (Section 2414 & 12614)
The Conference substitute adopts the House provision with
an amendment. Losses due to wildfire are made eligible.
Fencing repair and replacement cost-share are authorized for
up to 75 percent of the total cost, with an advance
disbursement option available to the producer. A payment
limit of $500,000 is established. (Section 2403)
(34) Watershed protection and flood prevention
The House bill maintains the current authorization of
appropriations structure for flood prevention and includes
new $100 million in mandatory spending for the overall
program during each of fiscal years 2019 through 2023.
(Section 2404)
The Senate amendment authorizes $200 million in
appropriations for each of fiscal years 2019 through 2023.
(Section 2415)
The Conference substitute adopts the House bill with
amendment. The substitute includes a waiver for the watershed
plan under certain instances and provides $50 million in
mandatory funding for each fiscal year thereafter. (Section
2401)
(35) Small watershed rehabilitation program
The Senate amendment authorizes the Watershed Protection
and Flood Prevention Act authorization of appropriations at
$20 million annually through FY 2023. (Section 2416)
The House bill maintains the current authorization level of
$85 million through FY 2023. This program is also covered by
the new mandatory money above.
The Conference adopts the House provision. (Section 2401)
(36) Repeal of conservation corridor demonstration program
The Senate amendment repeals the conservation corridor
demonstration program. (Section 2417)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2811)
(37) Repeal of cranberry acreage reserve program
The Senate amendment repeals the cranberry acreage reserve
program. (Section 2418)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2812)
(38) Repeal of National Natural Resources Foundation
The Senate amendment repeals the National Natural Resources
Foundation. (Section 2419)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2813)
(39) Repeal of flood risk reduction
The Senate amendment repeals the flood risk reduction.
(Section 2420) The House bill contains no comparable
provision.
The Conference substitute adopts the Senate amendment.
(Section 2814)
(40) Repeal of study of land use for expiring contracts and
extension of authority
The Senate amendment repeals the authority. (Section 2421)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2815)
(41) Repeal of integrated farm management program option
The Senate amendment repeals the integrated farm management
program option authority. (Section 2422)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2816)
(42) Repeal of clarification of definition of agricultural
lands
The Senate amendment repeals the authority. (Section 2423)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 2817)
(43) Resource conservation and development program
The Senate amendment authorizes the program through FY
2023. (Section 2424)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(44) Wildlife management
The Senate amendment codifies the working lands for
wildlife conservation partnership between the Department of
Agriculture and the Department of Interior and expands the
authority to the conservation reserve program in the Farm
Service Agency. It also authorizes the Secretary to assist a
requesting federal, state or local agency regarding
regulatory certainty through conservation practices, under
certain conditions. (Section 2425)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a technical change. (Section 2407)
The Managers recognize the success of the Working Lands for
Wildlife model of conservation established between USDA's
Natural Resource Conservation Service and the U.S. Fish and
Wildlife Services as a model of effective species
conservation on private lands that can provide regulatory
certainty for farmers, ranchers, and landowners. The Managers
support the regulatory predictability that the model of
conservation provides to producers who voluntarily implement
agreed upon conservation practices that promote species
recovery. In the event that a species is listed as threatened
or endangered under the Endangered Species Act in the future,
producers in the Working Lands for Wildlife model of
conservation who voluntarily implement agreed upon
conservation practices are able to continue to operate their
farms and businesses without potential disruptions related to
the listing. Protections under this initiative include up to
30 years of certainty related to protections from incidental
take under the Endangered Species Act as long as the producer
or landowner voluntarily maintains the agreed upon
conservation practice. The Managers expand the Working Lands
for Wildlife model of conservation to apply to the Farm
Service Agency for programs like the Conservation Reserve
Program and expect the same regulatory certainty to apply.
(45) Healthy forests reserve program
The House bill includes this provision within the forestry
title. (Section 8107)
The Senate amendment makes amendments to the Healthy
Forests Reserve Program and adds as a purpose of the program
to conserve habitats for candidate, threatened, endangered
species or species of greatest conservation under State
wildlife action plans. The provision eliminates the
limitation on the use of cost-share agreements and easements.
It also directs that restoration plans under the program
include land management practices, vegetative treatments,
structural practices and measure, practices that improve
biological diversity, carbon sequestration, and other
appropriate activities. It strikes (e)(2). It authorizes
certain practices. (Section 2426)
The Conference substitute deletes the Senate amendment and
addresses it within Title VIII.
(46) Watershed protection
The Senate amendment amends the definition of ``works of
improvement'' in the Watershed Protection and Flood
Prevention Act and authorizes a waiver for the watershed plan
under certain circumstances. (Section 2427)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications that do not include a change to the definition
and modify the requirements for a waiver. (Section 2401)
The Managers authorize a waiver for watershed plans where
the Secretary determines that it is unnecessary or
duplicative. The Managers intend that the Secretary exercise
this waiver authority in instances where the proposed work of
improvement would not require the same type of plan or
analysis provided for in a PL-566 plan if the activity were
conducted under other USDA conservation program authority,
for work which is categorically excluded from more
significant USDA or other Federal agency review, or where
adequate planning has already been conducted. The watershed
plan waiver authority does not authorize the Secretary to
waive the National Environmental Policy Act (NEPA) or other
federal environmental laws applicable to a proposed PL-566
work of improvement. The Managers included this waiver to
improve the deliverability of the program and ensure
financial resources are devoted to implementing watershed
protection measures that benefit producers, rural
communities, and the environment.
(47) Modifications to conservation easement program
The Senate amendment provides authority for the Secretary
to modify or exchange land in a covered program and modify an
agreement, contract or an easement in a covered program if
such modifications meet certain requirements and costs are
covered by the party requesting the modification or exchange.
(Section 2429)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(48) Feral swine eradication and control pilot program
The House bill provides the Secretary the authority to
establish a pilot project for eradication and control of
feral swine. It enumerates the duties of the Secretary in
carrying out the pilot including assessment, control methods,
restoration, and the provision for financial assistance to
producers. It also enumerates the actions for which financial
assistance will be provided. The bill requires coordination
between the Natural Resources Conservation Service and the
Animal and Plant Health Inspection Service with State
Technical Committees to determine the pilot areas for the
project. It provides that areas considered for the pilot will
demonstrate feral swine impacts as a threat to agriculture,
native ecosystems, or human or animal health. It establishes
the cost-share level of 75 percent and provides for in-kind
contributions of materials and services. The bill allocates
$100 million in mandatory funds for the period of 2019
through 2023 and distributes the funding at 50 percent to
each agency and the scope of their work. It further limits
the use of these funds to no more than 10 percent for
administrative expenses
[[Page H9972]]
associated with the pilot project. (Section 2405)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment providing $75 million in mandatory funding.
(Section 2408)
(49) Soil and water resources conservation
The House bill reauthorizes the Soil and Water Resource
Conservation Act through FY 2023 and expands USDA's ability
to assess natural resource concerns through enhanced
measurement, evaluation, and reporting on conservation
program outcomes. (Section 2408)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment reauthorizing the authority. (Section 2402)
(50) Funding; Report on program enrollments and assistance
The House bill amends the '85 Act to extend CRP funding
under both paragraphs (A) and (B) through FY 2023. It
authorizes ACEP funding at $500 million for each fiscal year
2019 through 2023. It conforms this section with CSP repeals.
The bill retains the current authorization of EQIP funding
for 2018, and authorizes funding at $2 billion for 2019, $2.5
billion for 2020, $2.75 billion for 2021, $2.935 billion for
2022 and $3 billion for 2023. It strikes 2 reports due in
2014. It also strikes the regional equity authority. The bill
extends the authority through FY 2023 and conforms paragraph
(1) regarding the CSP repeal. It strikes paragraph (h)(3)
regarding an authority to repool acres. It requires a report
each FY 2018 through 2023 by Dec. 15 regarding different
activities. (Section 2501)
The Senate amendment amends the funding for section
1234(c)(1)(A) of the '85 Act to $11 million for the period of
FY 2019 through 2023 and (B) to $50 million for the period of
FY 2019 through 2023 to carry out section 1235(f), capping
outreach and assistance spending at $5 million and conforming
retiring owners and operators with previous changes to
``contract holders''. It authorizes ACEP funding at $400
million for each fiscal year 2019 through 2021, $425 million
for FY 2022 and $450 million for FY 2023. It authorizes EQIP
funding at $1.473 billion for 2019, $1.478 billion for 2020,
$1.541 billion for 2021, $1.571 billion for 2022, and $1.595
billion for 2023. The amendment strikes a 2012 review. It
extends the authority through FY 2023. It targets 15 percent
of funding to assist beginning farmers and ranchers and the
same for socially disadvantaged farmers and ranchers. The
amendment provides new conservation standards and
requirements. It strikes certain activities. (Sections 2501 &
2602)
The Conference substitute adopts the House provision,
including funding for various programs, reports, an extension
of a funding authority for certain farmers and ranchers, and
provides for interagency coordination on conservation
standards and requirements. (Section 2501)
While the Conference substitute does not increase the set-
aside for beginning farmers or socially disadvantaged
producers, the Managers recognize the importance of updating
funding allocations in the conservation programs to better
reflect the changing demographics among farmers and ranchers
and encourage USDA to continue to improve enrollment in
conservation programs by these producers.
(51) Delivery of technical assistance
The House bill amends the definition of ``eligible
participant'' to remove eligibility under section 524 of the
Federal Crop Insurance Act. It also defines ``third-party
provider''. It authorizes a new alternative certification
process. (Section 2502)
The Senate amendment defines ``third-party provider''. It
authorizes a new certification process for third-party
providers as well as a streamlined process. It strikes the
current authorization and inserts new authority for the
expedited revision of conservation practice standards. It
also requires a report. (Section 2502)
The Conference substitute adopts the House provision with
amendments to the certification process and review of
conservation practice standards, and includes the expedited
revision of standards provision in the Senate amendment.
(Section 2502)
The Managers believe technical service providers are an
important part of the conservation delivery system. The
Managers intend for USDA to use the vast technical knowledge
available in the private sector as a way of complementing
NRCS reach and expertise. The Conference substitute clarified
the definition of a TSP to specifically include commercial
entities. The Conference substitute provides authority for
non-Federal entities to certify technical service providers.
The Managers intend for USDA to implement this and make this
available nationwide.
The Managers encourage NRCS to continue to work with the
U.S. Forest Service and state forestry agencies to streamline
and align forest management plan requirements in private
forestry assistance programs administered by each of these
agencies. The Managers also encourage NRCS to allow use of
landscape-wide or area-wide forest management plans to meet
the requirements of forest management plans in NRCS programs.
(52) Administrative requirements for conservation programs
The House bill strikes subsection (m) of the '85 Act
because expanded language related to that exemption is not in
Title I of this bill and adds a new authority for targeting
conservation practices for source water protection which
includes a reservation of funds at not less than 10 percent
of conservation funds (not including CRP) for each of fiscal
years 2019 through 2023. (Section 2503)
The Senate amendment adds Acequias to the authority for
certain incentives in section 1244 of the '85 Act. It
increases the cap from 10 percent to 15 percent for cropland
in a county that can be subject to a wetland reserve
easement. It updates the calculation authority regarding
acreage to reflect 2018 farm bill enactment. The Senate
amendment adds new authority to the pollinator authority in
subsection (h) of the '85 Act. It applies commodity program
eligibility to the definition of an exempted producer and
conforms paragraph (2) of subsection (m) of the '85 Act. It
directs the Secretary to enter into alternative funding
arrangements with tribes under certain circumstances.
The amendment adds an authority for source water
protection. It authorizes a waiver and contract limitation
to payments made to acequias. (Sections 2503 & 12613)
The Conference substitute adopts the Senate amendment with
modifications, including deleting subsections (a) and (f) of
the '85 Act, providing an authority for the review and
guidance for practice costs and payment rates, amending the
authority for alternative funding arrangements for Indian
tribes. The substitute also adopts the House provision on
source water protection and a modification to its reservation
of funds, does not include the pollinator authority within
this title, does not include the regulatory relief provision
within this title (moved to title I), establishes authority
for environmental services market, and addresses regulatory
certainty. (Section 2503)
The Managers encourage the Secretary to expand upon
existing work at USDA to encourage the protection of
pollinators and the enhancement of pollinator habitat through
adoption of conservation practices. This work may be
accomplished through the development of area-wide
conservation plans and strategies to increase the use of
integrated pest management, as well as providing technical
assistance to producers relating to background science,
promotion, and implementation of conservation habitat
enhancement for beneficial insects. Examples of assistance
that USDA could provide to producers include, but are not
limited to, sharing best management practices that integrate
natural predators and parasites of crop pests into
agricultural systems and promoting additional practices that
enhance natural habitat for these insects, providing an
alternative to pesticide application on farms.
The Managers intend for the Department to emphasize the
importance of protecting sources of drinking water throughout
the title because of the direct public health benefit such
activities would provide. Protection of sources of drinking
water not only means emphasizing practices that have a
significant water quality or water quantity benefit, but also
focusing those practices in watersheds where source waters
can be protected or improved. Water quality and quantity
practices do not address source water protection if those
waters are not used as water system sources or if they do not
address water system concerns.
The Managers understand that some programs do not have
purposes that directly align with source water, but the
Managers intend at least ten percent of the total amount of
conservation title funding go towards source water
protection, not necessarily from each individual program. For
example, this could mean EQIP could in practice provide more
than its 10 percent minimum share to satisfy the overall
requirement if the Agricultural Conservation Easement Program
could not. The Managers do not intend for this to be a
``check the box'' activity of retrospectively accounting for
funds that addressed protection of source water, but instead
represents a clear priority for the Department to identify
watersheds where potable water is at risk and to target those
areas for conservation implementation.
The Managers provide authority to incentivize practices
that have a beneficial environmental impact on protecting
drinking water. This tool is intended to address practices
that might have limited adoption because of the cost to the
producer or because the benefits are largely off-farm.
Examples include edge of field practices such as saturated
buffers, woodchip denitrifying bioreactors, or drainage water
management.
The Managers believe that USDA actively seeking
partnerships to identify targeted areas helps amplify the
importance of voluntary, incentive-based conservation. One of
those critical partnerships is with water utilities and the
Managers expect the Department to work with drinking water
utilities to identify key areas in each state to focus on
protecting source water. The Managers intend for this to be
used in priority areas in each state; not just certain areas
of the country.
The Managers believe environmental markets have the
potential to play a significant role in addressing natural
resource concerns. Producers enrolled in conservation
programs under this title should not be precluded from
participating in those markets as long as the landowner is
providing additive conservation above and beyond the
protections provided
[[Page H9973]]
under the program. This could be an important market for
landowners, and not allowing them to participate in these
markets could serve as a disincentive for permanent farmland
protection such as those provided under ACEP. For instance,
landowners could undertake management changes that could
increase the amount of carbon sequestered above and beyond
that amount of carbon that is sequestered simply by
preventing conversion of grassland or timberland.
(53) Definition of acequia
The Senate amendment defines an acequia in the '85 Act.
(Section 2504)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(54) Authorization of appropriations for water bank program
The Senate amendment authorizes appropriations at $5
million for each of fiscal years 2019 through 2023, to remain
available until expended. It strikes a provision that applied
through FY 1980. (Section 2505)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(55) Report on land access, tenure, and transition
The Senate amendment authorizes a report on land access,
tenure, and transition. (Section 2506)
The House bill contains no comparable provision.
The Conference substitute addressed the Senate amendment in
title XII.
(56) Report on small wetlands
The Senate amendment authorizes a report on small wetlands.
(Section 2507)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications to the report. (Section 2409)
The Managers request that USDA, acting through the Chief of
NRCS, conduct a report on small wetlands to be completed
within 6 months following enactment. The Managers require
that the report include the number of small wetlands that
have been delineated in each of the states during fiscal
years 2014 through 2018. The Managers request that USDA
provide additional reports that look at years prior to 2014
and that those reports be made available by the end of each
fiscal year after the enactment of this Act. The Managers
intend for this report to provide information on small
wetlands and ensure that NRCS is using the same methodology
across each of the states identified in determining wetlands
that are small in nature.
(57) State technical committees
The House bill adds the State 1862 Institution to the State
technical committee. (Section 2504)
The Senate amendment directs State technical committees to
review technologies and practices and make recommendations to
the Secretary. It amends section 1261(b)(2) of the '85 Act to
strike ``under section 1262(b)''. (Sections 2508 & 2604)
The Conference substitute adopts the House provision with
an amendment to include section 2604 of the Senate amendment
and the addition of the State cooperative extension and the
land grant university in the State. (Section 2822)
The Managers recognize the importance of State Technical
Committees and how they provide important State input on
natural resource concerns and the delivery of USDA
conservation programs. The Managers believe that focusing
National programs to meet the needs of agricultural producers
in each state should be done with input from representatives
within the State and include the diversity of production.
State technical Committees should balance representation
between grower representatives, conservation organizations,
Tribal, State, local government agencies, and other
interested organizations within the State.
(58) Farmable wetland reform
The Senate amendment is a technical correction. (Section
2601)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(59) Drought and water conservation agreements
The Senate amendment amends 1231A of the '85 Act and
authorizes the Secretary to enter into agreements that
address regional drought concerns. (Section 12612)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(60 & 61) Repeal of terminal lakes assistance
The House bill repeals the authority for terminal lakes
assistance. (Section 2802)
The Senate amendment contains no comparable provision.
The Conference substitute strikes the authorization of
appropriations and makes a technical change. (Section 2821)
Title III--Trade
(1) Generation and use of currencies by private voluntary
organizations and cooperatives
The House bill allows the generation of proceeds from the
sale of commodities by private voluntary organizations to be
used as enumerated in this section. (Section 3004)
The Senate amendment allows the Administrator of USAID to
permit private voluntary organizations to sell commodities
distributed under nonemergency programs under this title to
generate proceeds to be used as enumerated in this section.
(Section 3102)
The Conference substitute adopts the House provision.
(Section 3103)
(2) Food aid consultative group
The House bill reauthorizes the authority for the group
through FY 2023. (Section 3006)
The Senate amendment reduces the consultation period for
proposed regulations, handbooks, or guidelines concerning
this title to 30 days. It reauthorizes the Food Aid
Consultative Group through FY 2023. (Section 3104)
The Conference substitute adopts the Senate provision.
(Section 3105)
The Managers expect that reducing the Food Aid Consultative
Group (FACG) review period from 45 days to 30 days will
streamline and expedite the approval of agreements and that
efforts will be taken to ensure such change does not reduce
the opportunity for FACG members to provide feedback on
proposed regulations, handbooks, or guidelines.
Furthermore, the Managers believe food aid transportation
efficiency and transparency can be improved and expect the
FACG to review and recommend any specific changes needed in
regulations and procedures governing food aid transportation
to enhance program delivery, maximize program efficiency, and
improve transparency, including specifically reviewing the
shipment schedules, and terms and conditions of governing
contracts and freight solicitations.
(3) Oversight, monitoring, and evaluation
The House bill amends section 207(f) of the Food for Peace
Act to allow up to 1.5 percent of the funds made available
under this section to pay for program oversight, monitoring,
and evaluation. It extends funding authority for the early
warning assessments and systems to FY 2023 and eliminates
requirement that matching funds come from Chapter 1, Part 1
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.). (Section 3008)
The Senate Amendment amends section 207(f) of the Food for
Peace Act to allow the Administrator to use up to 1.5
percent, but not less than $17,000,000, of appropriated funds
made available under this section for program oversight,
monitoring, and evaluation. It extends funding authority for
the early warning assessments and systems to FY 2023.
(Section 3105)
The Conference substitute adopts the Senate provision with
an amendment to eliminate the requirement that matching funds
come from Chapter 1, Part 1 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.). (Section 3107)
The Managers affirm the importance of the Famine Early
Warning Systems Network (FEWS NET) to effectively and
efficiently respond to crises around the world. However, the
U.S. Agency for International Development (USAID) should
better utilize FEWS NET to provide advance information and
inform interventions to mitigate the effects of drought in
areas where livestock production is a critical source of food
and income.
(4) Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged
foods
The House bill extends authority for the appropriation of
funding for the program through FY 2023. It changes the name
of the section to ``International Food Relief Partnership''.
(Section 3009)
The Senate amendment amends section 208(f) of the Food for
Peace Act to reauthorize funding for distribution of shelf-
stable prepackaged foods. (Section 3106)
The Conference substitute adopts the House provision.
(Section 3108)
(5) Allowance of distribution costs
The Senate amendment amends section 406(b)(6) of the Food
for Peace Act to clarify allowable distribution costs,
including a variety of activities for which costs were paid
prior to FY 2017. (Section 3107)
The House bill has no comparable provision.
The Conference substitute incorporates the Senate provision
with an amendment clarifying that the costs include
distribution and program implementation costs to use the
commodities provided under the Food for Peace Act. (Section
3110)
The Managers intend for the allowable uses of internal
transportation, storage and handling (ITSH) funds authorized
under section 406(b)(6) of the Food for Peace Act to include
the types of activities for which costs were paid under such
paragraph prior to fiscal year 2017. Such activities must be
associated with the use of agricultural commodities. The
Managers do not intend for the changes made by this provision
to result in increased levels of annual ITSH spending as
compared to the average annual ITSH spending levels in recent
years by dollar value or as a percentage of overall Food for
Peace funding.
(6) Annual report regarding food aid programs and activities
The House bill amends section 407(f) of the Food for Peace
Act to allow the Administrator and Secretary of Agriculture
to file annual reports relating to their respective food aid
programs and activities, jointly or separately. It requires
the Administrator and Secretary to notify Congress if their
reports will be delayed and provide reasons for the delay.
The bill requires a detailed account of the funds expended
for the purposes
[[Page H9974]]
of 202(e), 406(b)(6) and 407(c)(1)(B). Additionally, it
restructures reporting requirements by moving requirements
under section 403(m) of the Food for Peace Act, so they shall
be included within the report required under section 407(f).
It includes conforming repeal of section 403(m). (Section
3012)
The Senate amendment amends 407(f)(1)(A) of the Food for
Peace Act to allow USAID Administrator and Secretary of
Agriculture to file annual reports relating to their
respective food aid programs and activities, jointly or
separately. (Section 3109)
The Conference substitute adopts the House provision with
an amendment to remove the provision requiring Congressional
notification relating to reasons for delay in production of
the report. (Section 3112)
The Managers acknowledge information provided in the annual
report regarding food assistance programs and activities is
essential for Congressional and public oversight of these
programs. The Managers expect the relevant agencies to
cooperate to ensure that annual reporting of food assistance
is provided either jointly or separately in a concise,
transparent, and timely manner. Agencies should promptly
publish data on food aid programs and activities as
available, regardless of when full reporting requirements
will be met.
(7) Nonemergency Food Assistance
The House bill amends section 412(e) of the Food for Peace
Act to provide not less than $365 million of the amounts made
available to carry out Title II, nor more than 30% of such
amounts to be expended for nonemergency food assistance
programs for FY 2019 through FY 2023. It also amends section
412(e) to allow community development funds appropriated to
carry out part I of the Foreign Assistance Act of 1961 that
are made available through grants or cooperative agreements
and that assist in implementing certain activities--income-
generating community development, health, nutrition,
cooperative development, agriculture, and other development--
to be deemed to have been expended on nonemergency food
assistance programs for the purposes of this section.
(Section 3014)
The Senate amendment amends section 412(e) of the Food for
Peace Act to provide not less than $365 million of the
amounts made available to carry out this title for
nonemergency food assistance programs for fiscal years
through FY 2023. It amends section 412(e) of the Food for
Peace Act to allow funds expended under the Farmer-to-Farmer
Program (section 501 of the Food for Peace Act) to be
considered amounts expended for the nonemergency food
assistance programs under section 412. The amendment also
amends section 412(e) of the Food for Peace Act to allow
funds expended through Part I of the Foreign Assistance Act
of 1961 through grants or cooperative agreements and
consistent with the goals of Title II, to be considered
amounts expended for nonemergency food assistance programs
under certain circumstances. (Section 3111)
The Conference substitute adopts the House provision with a
modification to amend section 412(e) to allow funds expended
under the Farmer-to-Farmer Program (section 501 of the Food
for Peace Act) to be considered amounts expended for the
nonemergency food assistance programs under section 412.
(Section 3114)
The Managers emphasize the importance of nonemergency
development assistance to strengthen resiliency and
transition countries from food aid recipients to trading
partners. The Managers authorize the Administrator to count
Community Development Funds (CDF) toward the minimum level of
nonemergency food assistance. The Managers support the use of
CDF to complement Title II resources and expect that the
Administrator will continue to use these funds to provide
direct funding to Food for Peace Title II nonemergency
programs through the Office of Food for Peace or its
successor. The Managers further expect that any reduction in
the use of commodities in non-emergency programs that result
from the use of the CDF will be offset by additional
commodities used in emergency food aid operations.
(8) John Ognowski and Doug Bereuter Farmer-to-Farmer program
The House bill amends section 501 of the Food for Peace Act
to clarify that assistance provided under the program should
be ``technical'' in nature. The bill amends section 501 of
the Food for Peace Act to add retired extension staff of USDA
as able to work in conjunction with agricultural producers
and farm organizations on a voluntary basis. It also amends
section 501 to expand the scope of issues the program can
focus on to include selection of seed varieties and plant
stocks, knowledge of insecticide and sanitation procedures to
prevent crop destruction, use and maintenance of agricultural
equipment and irrigation systems, and selection of
fertilizers and methods of soils treatment. The bill further
amends section 501 to encourage the fostering of investments
in institutional capacity-building to allow for longer-term
sequenced assignments to provide deeper engagement and
greater continuity of projects. It extends authority for
appropriations at existing levels for each of FY 2019 through
FY 2023. It allows for funds used under this section to be
counted toward the minimum level of non-emergency food
assistance under 412(e). The bill adds the establishment of
geographically defined crop yield metrics system, a public
database to assess improvements in crop yields, and creates a
new grant program to facilitate new and innovative
partnerships and activities. It extends authority for
appropriations at existing levels for each fiscal year FY
2019 through FY 2023. (Section 3016)
The Senate amendment amends section 501 of the Food for
Peace Act to allow employees or staff of a State cooperative
institution as defined by subparagraphs (A) through (D) of
section 1404(18) of the National Agricultural Research
Extension, and Teaching Policy Act of 1977 to volunteer for
the purposes enumerated under section 501. It extends
authority for minimum levels of assistance at existing levels
for each fiscal year FY 2019 through FY 2023. The amendment
extends authority for appropriations at existing levels for
each fiscal year FY 2019 through FY 2023. (Section 3113)
The Conference substitute adopts the Senate provision with
an amendment that clarifies that the nature of assistance
should be ``technical,'' expands the scope of issues the
program can focus on to include selection of seed varieties
and plant stocks, knowledge of insecticide and sanitation
procedures to prevent crop destruction, use and maintenance
of agricultural equipment and irrigation systems, and
selection of fertilizers and methods of soils treatment, and
creates a new grant program to facilitate new and innovative
partnerships and activities. (Section 3116)
The Managers support the United States' work to advance
food security in developing countries and open new markets
for agricultural trade through programs that leverage the
unique capabilities of Federal departments and agencies and
that improve coordination between donors, beneficiaries, and
the private sector. The Department of Agriculture (USDA)
plays an important role in establishing trade between the
United States and other nations and should enhance its role
in facilitating the transfer of the knowledge, skills, and
experience of American farmers, land grant universities, and
extension services through the John Ogonowski and Doug
Bereuter Farmer-To-Farmer Program.
The Managers intend for the Farmer-to-Farmer Program to
foster appropriate investments in institutional capacity-
building and allow longer-term and sequenced assignments and
partnerships to provide deeper engagement and greater
continuity on such projects.
(9) Priority trade promotion, development, and assistance
Section 3102(a) of the House bill amends section 205 of the
Agricultural Trade Act of 1978 to create the International
Market Development Program, a consolidation of the current
Market Access Program (MAP), the Foreign Market Development
(FMD), Technical Assistance for Specialty Crops (TASC), and
the E Kika de la Garza programs. Section 3102(b) of the House
bill amends section 211(c) to provide $255 million in annual
mandatory funding for the International Market Development
Program, subject to the allocation of $253.5 million as
follows: MAP not less than $200 million annually; FMD not
less than $34.5 million annually; E. (Kika) de la Garza
Emerging Markets Program (EMP), not more than $10 million
annually; TASC not more than $9 million annually; and the
remaining unallocated balance of $1.5 million per year will
be available for the Secretary to make available for the MAP
and/or FMD programs. Section 3102(c) of the bill repeals the
current law authorizations for the MAP, FMD, TASC, and de la
Garza programs. It also repeals section 1302 of the Omnibus
Budget Reconciliation Act of 1993 to eliminate the suggested
five-year limitation on promotion of a specific branded
product in a single market, and other administrative
guidelines. Section 3102(d) of the bill makes conforming
amendments. (Section 3102)
The Senate amendment amends Title II of the Agricultural
Trade Act of 1978 to add a new Subtitle C--Priority Trade
Promotion, Development, and Assistance. It consolidates the
MAP, FMD, de la Garza, and TASC programs under subtitle C.
The Senate amendment provides a total of $259.5 million in
annual mandatory funding for the Priority Trade Promotion,
Development, and Assistance program, subject to the
allocation of $253.5 million as follows: MAP not less than
$200 million annually; FMD not less than $34.5 million
annually; E (Kika) de la Garza Agricultural Fellowship
Program not more than $10 million annually; TASC not less
than $9 million annually; and the remaining balance of $6
million annually will be available for use among the four
programs, as determined by the Secretary under a new Priority
Trade Fund. The Senate amendment repeals current law
authorizations for the MAP, FMD, TASC and de la Garza
programs, and makes several changes, including: clarifies
definition of ``emerging market'' to include a ``territory,
customs union, or other economic market'' in addition to the
current law ``country'' for the de la Garza Fellowship
Program; adds section 255(d) to the Agricultural Trade Act of
1978 to authorize the Secretary to provide assistance under
TASC to a project for longer than a five-year period if the
Secretary determines it would effectively support the purpose
of the program; and section 226(d) authorizes the use of
funds to carry out MAP and FMD in Cuba, consistent with
directives under the National Security Presidential
Memorandum of June 16, 2017 entitled ``Strengthening the
Policy of the United States Toward Cuba'', during the period
in which that memorandum is in effect. (Section 3201)
[[Page H9975]]
The Conference substitute adopts the Senate provision with
an amendment that consolidates the current MAP, FMD, TASC,
and EMP programs under one Agricultural Trade Promotion and
Facilitation section in the Agricultural Trade Act of 1978.
The amendment provides a total of $255 million in annual
mandatory funding subject to allocation as follows: MAP not
less than $200 million annually; FMD not less than $34.5
million annually; EMP not more than $8 million annually; TASC
at $9 million annually; and the Priority Trade Fund at $3.5
million annually to be distributed at the Secretary's
discretion. Further, the substitute repeals section 1302 of
the Omnibus Budget Reconciliation Act of 1993 to eliminate
the suggested five-year limitation on promotion for specific
branded product in a single market. (Section 3201)
The Managers intend for the consolidation of the Market
Access Program, the Foreign Market Development Cooperator
Program, the Kika de la Garza Emerging Markets Program, and
the Technical Assistance for Specialty Crops Program under
one Agricultural Trade Promotion and Facilitation Program to
establish permanent mandatory funding for agricultural trade
promotion activities. The Managers intend to maintain the
unique functions of each program.
The Managers recognize that specialty crops are uniquely
challenged by sanitary and phytosanitary barriers and other
non-tariff barriers to trade, including a lack of
international harmonization for maximum residue levels
(MRLs). While the Managers affirm the importance of TASC in
addressing these barriers, they recognize that the TASC
program has been underutilized in recent years. The Managers
intend for the Secretary to consider and, as necessary, make
reforms to streamline the application, approval, and
compliance processes and requirements for eligible
organizations, particularly for smaller grants and shorter-
term or time-sensitive projects. The Managers direct USDA to
have substantial, ongoing engagement with specialty crop
stakeholders and the Committees in carrying out the
requirements of this section to improve the program,
including as USDA reviews program procedures and requirements
and makes improvements to streamline and facilitate
assistance.
The Managers recognize that expanding trade with Cuba not
only represents an opportunity for American farmers and
ranchers, but also a chance to improve engagement with the
Cuban people in support of democratic ideas and human rights.
They note that the June 2017 National Security Presidential
Memorandum toward Cuba affirmatively supports the sale of
United States agricultural commodities and does not impair or
otherwise affect the authority otherwise granted by law to an
executive department or agency. The Managers expect that the
Secretary will work closely with eligible trade organizations
to educate them about allowable activities to improve exports
to Cuba under the Market Access and Foreign Market
Development Cooperator Programs.
(10) Food for Progress Act of 1985
The House bill reauthorizes the section through FY 2023,
and adds colleges and universities as defined by Section
1404(4) of the Food and Agriculture Act of 1977 (7 U.S.C.
3103(4)) as eligible entities to furnish commodities or
provide financial assistance under this section. (Section
3204)
The Senate amendment reauthorizes the section through FY
2023 and clarifies that the Secretary retains the authority
to administer the programs applicable to this section. It
adds land grant colleges and universities as defined by
Section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) as
eligible entities to furnish commodities or provide financial
assistance under this section and clarifies that when
providing humanitarian or developmental aid, ``internal''
transportation costs may be considered a covered expense. The
section adds paragraph (5) at the end of subsection (l) to
require a certain amount of assistance be provided in direct
funds, in the amount of 30 percent of the funds of the
``transportation cap'', 30 percent of existing administrative
funds, and $26 million in funds of the Commodity Credit
Corporation for each of FY 2019 through FY 2023, specified to
be used to pay for any of the costs in paragraph (4).
Additionally, the Senate amendment strikes existing
``Requirements'' and instructs the Secretary to issue
regulations and revisions to agency guidance and procedures
necessary to implement the amendments made to this section
within 270 days of enactment of this Act. The section
instructs the Secretary to 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 agency
regulations, guidance and procedures that are to be revised
within 270 days of enactment of this Act. (Section 3301)
The Conference substitute adopts the House provision with
an amendment requiring the Secretary to include information
on the ``rate of return'' for a commodity in the annual
report, and includes a section authorizing pilot agreements
for FY 2019 through FY 2023 to directly provide financial
assistance to eligible entities to cover the costs of
activities consistent with the humanitarian and development
purposes listed in (l)(4)(A). (Section 3302)
The Managers affirm the importance of Food for Progress in
improving agricultural productivity and strengthening food
security in developing countries by providing training and
technical assistance to producers, developing extension
services, increasing access to quality inputs, improving
access to capital, and numerous other activities.
The Managers encourage the Secretary to use the pilot
agreement authority to test and evaluate the effectiveness of
directly providing funds to eligible entities to implement
the same types of development activities that are typically
funded by proceeds from monetization under this program.
(11) Cochran emerging market fellowship program
The House bill amends section 1543 of the Food,
Agriculture, Conservation, and Trade Act of 1990 to clarify
that the purpose of the fellowship includes enhancing trade
linkages involving regulatory systems governing sanitary and
phytosanitary standards for agricultural products, and
permits study in foreign colleges or universities that have
met certain criteria including having sufficient scientific
and technical facilities, having an established partnership
with at least one college or university in the United States,
and having substantial participation by U.S. faculty in the
design of the fellowship curriculum and classroom instruction
under the fellowship. (Section 3206)
The Senate amendment amends section 1543 of the Food,
Agriculture, Conservation, and Trade Act of 1990 to add to
the purposes of the program the development of agricultural
extension services and regulatory systems governing sanitary
and phytosanitary standards for agricultural products. It
increases the authorization of appropriations for the 3
country categories, respectively, to (1) $4 million, (2) $3
million, and (3) $6 million. (Section 3304)
The Conference substitute adopts the Senate provision with
an amendment that permits study in foreign colleges or
universities that have sufficient scientific and technical
facilities, have established a partnership with at least one
college or university in the United States, and have
substantial participation by U.S. faculty in the design of
the fellowship curriculum and classroom instruction under the
fellowship. (Section 3305)
The Managers intend to provide the Secretary discretion to
improve program efficiency by permitting fellowships to occur
at a college or university located outside the United States,
subject to certain eligibility requirements, where
appropriate. The Managers expect the Secretary to work
closely with Congress in implementing this provision to
ensure the original intent of the program is preserved.
(12) Borlaug International Agricultural Science and
Technology Fellowship Program--Developing country
fellowship recipients
The House bill amends section 1473G to add a new
authorization for fellowship recipients from eligible
developing countries to receive scientific training or study
at a college or university outside of the United States,
subject to specific criteria. It authorizes appropriations of
$6 million for the Borlaug fellowship program and requires
that not less than $2.8 million appropriated be used for
participants from eligible foreign countries. (Section 3207)
The Senate amendment amends section 1473G to add the
development of agricultural extension services in foreign
countries to the purpose of the program. It requires the
Secretary to encourage the ongoing engagement of prior
fellowship recipients to contribute to new or ongoing
agricultural development projects, with a priority for
capacity-building projects. (Section 3305)
The Conference substitute adopts the Senate provision.
(Section 3306)
(13) Borlaug International Agricultural Science and
Technology Fellowship Program--Proposed United States
fellowships
The House bill adds a new subsection (a)(3) to section
1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 to establish a new program under
which the Secretary shall provide U.S. citizens with
fellowships, to assist eligible countries in developing
school-based agriculture and youth extension programs. It
requires that the new U.S. citizen fellowships develop
globally minded U.S.agriculturists with experience living
abroad, focus on meeting the food and fiber needs of eligible
countries, and strengthen and enhance trade linkages between
eligible countries and the U.S. agricultural industry. The
section authorizes the Secretary to provide fellowships under
subsection (a)(3) to U.S. citizens who hold at least a
bachelor's degree in an agricultural related field of study
and have an understanding of U.S. school-based agricultural
education and youth extension programs. It requires the
Secretary to consult with the National FFA Organization, the
National 4-H Council, and other entities to identify
candidates for fellowships. The section requires the
Secretary to manage, coordinate, evaluate, and monitor the
fellowship program, either directly or by contract with an
outside organization with experience in implementing
fellowship programs focused on building capacity for school-
based agricultural education and youth extension programs in
developing countries. (Section 3207)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment establishing the International Agricultural
Education Fellowship Program in the Agriculture Improvement
Act of 2018 as a new
[[Page H9976]]
program separate from the Borlaug Fellowship Program, and
authorizing appropriations for the program. (Section 3307)
The Managers recognize the importance of youth engagement
in agricultural development and intend for these fellowships
to provide valuable opportunities to young agriculturalists
in eligible countries as well as international experience for
emerging American agricultural leaders.
(14) International food security technical assistance
The Senate amendment amends the Food, Agriculture,
Conservation, and Trade Act of 1990 by adding at the end of
Title XV, a provision directing the Secretary to compile and
make available information on the improvement of
international food security. It authorizes the Secretary to
provide technical assistance to certain entities to implement
programs for the improvement of international food security.
(Section 3306)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 3308)
(15) McGovern-Dole international food for education and child
nutrition program
The House bill amends the section by requiring, to the
extent practicable, the assistance provided under this
section coincide with the start of the school year and is
available when needed throughout the relevant school year. It
authorizes appropriations in the existing amount through FY
2023. (Section 3205)
The Senate amendment directs the Secretary of Agriculture
to ensure that assistance provided under this section is
provided in a timely manner and is made available when needed
throughout the applicable school year. It authorizes
appropriations in the existing amount through FY 2023. The
section allows not more than 10% of available funds to be
used for commodities produced in and procured from a
developing country that is a recipient country or developing
country within the same region of the recipient country and
that meet nutritional, quality and labeling standards of the
recipient countries, and allows funding to cover the
associated costs of transporting those commodities. (Section
3307)
The Conference substitute adopts the Senate provision.
(Section 3309)
The McGovern-Dole program has successfully addressed hunger
and malnutrition, improved school attendance, and increased
literacy and academic achievement for children around the
world. The Managers expect the Secretary to use the new
authority authorized in this provision to incorporate locally
and regionally grown commodities into multi-year McGovern-
Dole programs, particularly in the final years of a program,
to support the transition to full local ownership and
implementation.
The Managers strongly support the graduation of McGovern-
Dole feeding programs, while also recognizing less-developed
countries may need additional, longer- term assistance and
should still be considered for inclusion in the program.
Additionally, the Managers encourage the Secretary to
consider extending the length of a project if the Secretary
determines that a project needs additional time to sustain
the benefits and such an extension would support the overall
purposes of the program.
(16) Global Crop Diversity Trust
The House bill amends the Food, Conservation, and Energy
Act of 2008 to increase the authorized aggregate contribution
of U.S. funds to the trust to 33% of the total funds
contributed from all sources. It authorizes appropriations at
existing levels through FY 2023. (Section 3208)
The Senate amendment reauthorizes section 3202 of the Food,
Conservation, and Energy Act of 2008 maintaining the 25%
contribution limit. It authorizes appropriations at existing
levels through FY 2023. (Section 3308)
The Conference substitute adopts the House provision with
an amendment increasing the authorized contribution to 33% of
total funds contributed from all sources beginning in fiscal
year 2019 and extending appropriations at existing levels
through FY 2023, while limiting the annual contribution of
funds to $5,500,000 for each of FY 2019 through FY 2023.
(Section 3310)
The Managers affirm the importance of the Global Crop
Diversity Trust for ensuring the conservation and
availability of genetic resources for food security
worldwide, while recognizing the importance of other
international agricultural research and development efforts
including the Consultative Group for International
Agricultural Research (CGIAR) and Feed the Future Innovation
Labs.
The Managers applaud the Trust for having raised
contributions of over $367 million and concessional loans of
more than $60 million from sources other than the United
States. The Managers expect the Trust to continue to secure
substantial new contributions to the endowment from other
donors.
(17) Local and regional food aid procurement projects
The House bill reauthorizes appropriations at existing
levels through FY 2023. (Section 3201)
The Senate amendment amends section 3206(e)(1) of the Food,
Conservation, and Energy Act of 2008 to include the
``Secretary'' as the proper entity to receive appropriations
and reauthorizes appropriations at existing levels through FY
2023. (Section 3309)
The Conference substitute adopts the Senate provision.
(Section 3311)
(18) Foreign trade missions
The Senate amendment directs the Secretary of Agriculture
to support greater inclusion of Tribal agricultural and food
products in trade-related activities. (Section 3310)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 3312)
(19) Findings
The House bill states the United States is the world's
largest donor of international food assistance, American
farmers are instrumental in providing commodities, and due to
the efforts of the maritime industry and private
organizations commodities have been delivered to millions of
people around the globe. The section provides the United
States should continue to use is agricultural productivity to
promote foreign policy and enhance food security around the
world. (Section 3001)
The Senate amendment contains no comparable provision.
The Conference substitute does not include the House
provision.
The Managers recognize that the United States has long been
the world's largest donor of international food assistance,
and that American farmers have been instrumental in the
success of United States international food assistance
programs by providing an affordable, safe, and reliable
source of nutritious agricultural commodities.
Furthermore, the Managers commend the efforts of the United
States maritime industry and private voluntary organizations
in delivering U.S. agricultural commodities to millions of
people in need around the globe.
(20) Labeling requirements
The House bill amends section 202(g) of Food for Peace to
require agricultural commodities and other assistance
provided under this title, to the extent practicable, to
be clearly identified as being furnished by the people of
the United States. The section provides in the case of
other assistance, that the identification take place on
other printed material accompanying the assistance.
(Section 3002)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 3101)
The Managers intend for the Administrator of USAID to
continue to use discretion in applying this requirement in
situations where labeling assistance furnished by the United
States could result in safety or security concerns.
(21) Issuance of regulations
The House bill amends section 207(c)(1) of the Food for
Peace Act to strike ``the Agricultural Act of 2014'' and
inserts the ``Agriculture Improvement Act of 2018'' to
require regulations be issued within 270 days of enactment.
(Section 3007)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 3106)
(22) Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and
economy
The House bill amends section 403 of the Food for Peace Act
by adding ``food procured outside of the United States, food
vouchers, or cash transfers for food'' to the list of types
of assistance subject to market impact analysis prior to
being provided to a recipient country. It amends the section
to clarify that consideration of storage facilities is only
necessary where the provision of an agricultural commodity is
at issue. It amends the section to include the distribution
of ``agricultural commodity or use of the food procured
outside of the United States, food vouchers, or cash
transfers of food'' as considerations in the calculation of
whether a substantial disincentive to, or interference with,
domestic production or marketing in that country will take
place if that specific type of assistance is provided. The
section requires that in addition to commodities, the
Secretary or Administrator shall ensure that ``food procured
outside of the United States, food vouchers, and cash
transfers for food'' will not have a disruptive impact on the
farmers or the local economy within the recipient country.
(Section 3010)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 3109)
(23) Findings
The House bill states that U.S. export programs increase
demand for U.S. agriculture products in foreign markets,
acknowledges that, comparatively, global competitors are
outspending the U.S. on export programs, and that
preservation and streamlining of the U.S. export market
programs is consistent with USDA reorganization efforts
focusing on increasing U.S. agricultural trade across the
globe. (Section 3101)
The Senate amendment contains no comparable provision.
The Conference substitute does not include the House
provision.
United States trade promotion programs leverage federal
dollars to significantly bolster demand in foreign markets
for United States agricultural products, which increases
agricultural export volume and overall net farm income. At
the same time, our global competitors continue to provide
substantially more public support for export
[[Page H9977]]
promotion than is provided to our own agricultural exporters.
Thus, the Managers underscore the critical importance of
maintaining support for U.S. agricultural trade promotion
efforts.
Finally, the Managers note the preservation and
streamlining of United States international market
development programs complements the recent reorganization
within USDA by ensuring the newly established Under Secretary
for Trade and Foreign Agricultural Affairs has the tools
necessary to enhance the competitiveness of the United States
agricultural industry on the global stage.
(24) Growing American Food Exports Act of 2018
The House bill amends section 1543A of the Food,
Agriculture, Conservation, and Trade Act of 1990 to assist
with the removal of nontariff and other trade barriers to
U.S. agricultural products produced with biotechnology and
other agricultural technologies. It removes the restriction
of section 102 of such Act relating to the definition of
agricultural commodities and states that ``policy advocacy
and targeted projects'' should address issues relating to
U.S. Agricultural commodities produced with the use of
biotechnology or new agricultural technologies, advocacy for
science based regulation in foreign markets of biotechnology
or new agricultural production technologies, and quick-
response intervention regarding non-tariff barriers to United
States exports produced through biotechnology or new
agricultural production technologies. (Section 3209)
The Senate amendment contains no comparable provision.
The Conference substitute modifies the House provision by
expanding the existing program to cover projects to address
quick response interventions involving U.S. agricultural
commodities produced through new agricultural production
technologies and authorizes appropriations of $2,000,000 for
each of FY 2019 through FY 2023. (Section 3301)
Additional Report Language
Bill Emerson Humanitarian Trust (Sec 3020)
The Managers affirm the importance of the Bill Emerson
Humanitarian Trust as a reserve to meet unanticipated
emergency food assistance needs and are concerned that the
Trust has not been utilized since 2014 despite unprecedented
food assistance needs in recent years and the continued risk
of famine in multiple countries. The Managers note that the
Trust, which currently holds over $280 million, can be used
to purchase U.S. commodities to assist in averting an
emergency, responding to an emergency, and for recovery and
rehabilitation after an emergency. They urge USAID and USDA
to consider the Trust as a significant resource to meet those
objectives.
Title IV--Nutrition
(1) Definition of certification period
The Senate amendment amends section 3 of the Food and
Nutrition Act of 2008 (FNA) to allow a State agency to extend
the supplemental nutrition assistance program (SNAP)
certification period for elderly and disabled households who
have no earned income at the time of certification to up to
36 months. (Section 4101)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(2) Food distribution program on Indian reservations
The House bill amends section 4(b) of the FNA by
reauthorizing the Traditional and Locally-Grown Food Fund in
the Food Distribution Program on Indian Reservations (FDPIR),
adding the concept of regionally grown food, eliminating the
requirement to conduct a survey of traditional foods, and
authorizing funds made available to carry out FDPIR to remain
available for obligation for a period of 2 fiscal years.
(Section 4005)
The Senate amendment authorizes an 80 percent floor for the
Federal share of administrative costs and authorizes funds
made available to carry out FDPIR to remain available for
obligation by the State agency or tribe for 2 fiscal years.
The Senate amendment also establishes a demonstration project
for one or more tribal organizations to enter into a self-
determination contract to purchase agricultural commodities
for FDPIR. (Section 4102)
The Conference substitute adopts the House provision with
amendments to authorize an 80 percent floor for the Federal
share of administrative costs, to specify that funds made
available to carry out FDPIR remain available for obligation
by the State agency or tribe for 2 fiscal years, and to
establish a demonstration project for one or more tribal
organizations to enter into a self-determination contract to
purchase agricultural commodities for FDPIR. (Section 4003)
The Managers intend for tribal organizations to have an
increased role in procuring and distributing more locally,
regionally and tribal produced foods under FDPIR. The
Managers encourage the Secretary of Agriculture to work with
the Secretary of the Interior and with Indian tribes to
establish and determine the process and criteria under which
tribal organizations may participate in demonstration
projects to purchase agricultural commodities under FDPIR.
The Managers also encourage the Secretary of Agriculture to
consult with the Secretary of the Interior regarding the
familiarity with self-determination contracts and with the
capacity of tribal organizations to successfully administer a
demonstration project.
(3) Work requirements for supplemental nutrition assistance
program
The House bill amends the FNA by creating a single work
requirement in section 6(d) that requires SNAP household
members age 18 to 59 to work, participate in employment and
training or a work program, or any combination of work,
participation in employment and training or a work program
with a minimum of 20 hours per week in fiscal years 2021
through 2025 and 25 hours per week in fiscal year 2026 and
each fiscal year thereafter. The House bill strikes the
existing general work requirement in section 6(d)(1) and the
existing able-bodied adult without dependents (ABAWD) work
requirement in section 6(o). The House bill limits the
criteria that States may use to request a geographic waiver
of the work requirement, including requiring the approval
of the State's chief executive officer, makes changes to
the ``15-percent'' exemption criteria, and decreases the
``15-percent'' exemption to 12-percent starting in fiscal
year 2026.
The House bill amends section 6(d)(4) of the FNA to require
States to offer minimum services in employment and training
so that every covered individual may meet the new work
requirements; adds case management to the definition of an
``employment and training program'' (E&T program); and
includes supervised job search programs, apprenticeships,
subsidized employment, family literacy, and financial
literacy as allowable components of E&T programs.
Furthermore, the House bill amends section 16(h) of the FNA
to provide funds for E&T at $90 million for fiscal year 2019,
$250 million for fiscal year 2020, and $1 billion for each
fiscal year thereafter. The allocation of E&T funding is
based on current law for fiscal year 2019 and 2020, but for
fiscal year 2021, and each fiscal year thereafter, the
allocation of E&T funds is based on the new work requirements
in 6(d)(1)(B). The House bill strikes the reallocation
authority and requires the return of unused E&T funds to the
Treasury. The House bill also increases the minimum
allocation of E&T funds from $50,000 to $100,000. (Section
4015)
The Senate amendment retains the SNAP work requirements
under current law but consolidates those work requirements in
the FNA by moving the ABAWD work requirement from section
6(o) to section 6(d)(2). Section 6(d)(4) is amended to
require a State agency consult with the state workforce
development board, private employers or organizations in
designing its E&T program and to require that its E&T program
meet state or local workforce needs. The Senate amendment
adds a new requirement that an E&T program containing a job
search component contain at least 1 additional component, and
expands the definition of an E&T program to include any E&T
pilot activities under 16(h)(1)(F) that are determined
effective at increasing employment or earnings for
participants. The Senate bill also authorizes workforce
partnerships, which are programs operated by private
employers or non-profits that would provide participants with
at least 20 hours per week of training, work, or experience.
The Senate amendment requires the State agency to refer
individuals determined to be ill-suited for an E&T component
to an appropriate E&T component or workforce partnership, to
reassess the mental and physical fitness of the individual,
or to the maximum extent practicable, to coordinate with
other programs to identify work opportunities or assistance
for the individual.
The Senate amendment amends section 16(h) to authorize
additional funds for E&T pilot projects, $92.5 million for
each of fiscal years 2019 and 2020, to remain available until
expended. The Senate bill authorizes 8 or more additional
pilot projects, prioritizing projects that target certain
individuals, including those over age 50; formerly
incarcerated individuals; those in substance abuse treatment;
and homeless, disabled, and other individuals with
significant barriers to employment; and projects that are
integrated and family-focused in providing supportive
services. The Senate amendment also adds an option for states
to report data from workforce partnerships and includes new
reporting requirements to ensure that the E&T components are
responsive to State or local workforce needs. (Section 4103)
The Conference substitute adopts the House provision with
amendments. The amendments retain the general work
requirement and ABAWD work requirement in current law; strike
modifications to the criteria that States may use to request
a geographic waiver of the work requirement; specify that the
State's request for a geographic waiver have the support of
the State's chief executive officer; strike the changes to
the ``15-percent'' exemption criteria; and decrease the ``15-
percent'' exemption to 12-percent starting in fiscal year
2020.
The amendments require State agency consultation with the
state workforce development board or private employers or
organizations in designing its E&T program and for the E&T
program to meet state or local workforce needs. Additionally,
the amendments expand the definition of an E&T program to
include supervised job search programs, apprenticeships,
subsidized employment, and any E&T pilot activities under
section 16(h)(1)(F) that are determined effective at
increasing employment or earnings for participants. The
amendments also authorize workforce partnerships operated by
[[Page H9978]]
private employers or non-profits that would provide
participants with at least 20 hours per week of training,
work, or experience. The amendments require the State agency
to refer individuals who have been determined to be ill-
suited to an E&T component to an appropriate E&T component or
workforce partnership, to reassess the mental and physical
fitness of the individual, or to coordinate with other
programs to identify work opportunities or assistance for the
individual. The amendments also add an option for States to
report data from workforce partnerships.
The Conference substitute provides for an increase in
funding for E&T under section 16(h)(1) of the FNA from $90
million to $103.9 million for each fiscal year and
prioritizes the reallocation of unused E&T funding in the
following manner: not less than 50 percent for E&T programs
and activities currently being piloted under section
16(h)(1)(F) that have the most demonstrable impact on the
ability of participants to find and retain employment; not
less than 30 percent for E&T programs and activities under
section 6(d)(4)(B)(i) that have the most demonstrable impact
on the ability of participants to find and retain employment
and that are targeted to those 50 years of age or over;
formerly incarcerated individuals; those in substance abuse
treatment; homeless, disabled, and other individuals with
significant barriers to employment; and households facing
multi-generational poverty; and any remaining funds for E&T
programs and activities under section 6(d)(4)(B)(i) that have
the most demonstrable impact on the ability of participants
to find and retain employment. (Section 4005)
The Managers acknowledge that neither the Department nor
Congress can enumerate every ABAWD's situation as it relates
to possible exemption from the time limit, and subsequently,
the work requirement. States will maintain the ability to
exempt up to 12% of their SNAP population subject to ABAWD
work requirements, down from 15%, and continue to accrue
exemptions and retain any carryover exemptions from previous
years, consistent with current law. These exemptions are
meant to excuse individuals who need short-term reprieve from
requirements or for those specific populations the State
determines should be excluded.
The Managers also acknowledge that waivers from the ABAWD
time limit are necessary in times of recession and in areas
with labor surpluses or higher rates of unemployment. The
Managers intend to maintain the practice that bestows
authority on the State agency responsible for administering
SNAP to determine when and how waiver requests for ABAWDs are
submitted. In response to concerns that have been raised by
some Members that State agencies have not fully communicated
to the chief executive their intent to request a waiver under
section 6(o), the Managers have included a provision to
encourage communication between the State agency and the
chief executive officer of the State. The Managers agree that
State agencies should have the support of these officials in
their application for waiver, ensuring maximum State
coordination. It is not the Managers' intent that USDA
undertake any new rulemaking in order to facilitate support
for requests from State agencies, nor should the language
result in any additional paperwork or administrative steps
under the waiver process.
The Managers recognize the importance of E&T as a means to
improve SNAP participants' ability to gain and retain
employment and reduce reliance on public assistance. The
Managers expect USDA and State agencies to review and bolster
the quality and accountability of State E&T programs for SNAP
participants.
The Managers revamped current E&T programming to include
evidence-based components that have proven to assist
individuals in obtaining education credentials, and gaining
and retaining employment. Case management, including, but not
limited to, comprehensive intake assessments, individualized
service plans, progress monitoring, or coordination with
service providers, is now a required component of all State
E&T programs. This is neither meant to be an impediment to
the State nor the individual. States should have options as
to how to best serve their participants and ensure there is
an increased level of engagement and accountability for both
the State and individual. The Managers expect such case
management activities by State agencies to be included in
State plan reporting requirements under section 11(e) of the
FNA. Additionally, the Managers agreed to allow supervised
job search programs, subsidized employment, and
apprenticeships as additional E&T components. The Managers
note that unsupervised job search may be a subsidiary
component for the purposes of meeting a work requirement,
only as long as such component is less than half the
requirement. The Managers also encourage States to establish
a process for referral or reassessment of individuals subject
to an E&T requirement who were determined to be ill-suited to
the E&T component to which they had been referred.
The Managers expect State agencies to engage SNAP
households, specifically those without earned income at their
point of recertification, to be aware of and promote
participation in available E&T options. The Managers
acknowledge that earnings have the potential to significantly
improve the economic stability of households without earned
income, and expect States to leverage every opportunity to
provide households with a pathway forward.
The Managers encourage USDA and State agencies to continue
pursuing effective methods for SNAP participants to attain
sustainable employment. To encourage continued innovation by
State agencies and incentivize result-driven activities, the
Managers amended the process for reallocation of unused E&T
funds to go toward State programs and activities that have
demonstrated success in participants finding and retaining
employment and reducing reliance on public assistance. The
Managers intend for the reallocated funds to fund programs
developed by the pilots authorized under the Agricultural Act
of 2014, new E&T activities, and programs that build upon
effective E&T components. The Managers encourage USDA to
continually prioritize projects and activities that focus on
certain populations facing employment barriers, such as those
older than 50 years old; formerly incarcerated, disabled, or
homeless individuals; and those recovering from substance
abuse. USDA should also prioritize projects with family-
focused approaches. The Managers intend to focus these
reallocated resources on programs and activities that are
most effective, as measured by independent evaluations, and
that demonstrate upfront how these activities are sustainable
and can be transitioned into or adopted as part of currently
allowable employment and training components.
The Managers included Department of Labor and Department of
Veterans Affairs E&T programs as part of the programs
eligible to satisfy the SNAP work requirement, in order to
provide additional options to SNAP participants and encourage
coordination among federal E&T programs.
The Managers also encourage State E&T programs to increase
coordination with State Workforce Innovation and Opportunity
Act (WIOA) workforce boards and local employers when
establishing and evaluating programs to increase program
accountability and maximize the ability for SNAP participants
to meet any work requirements. The Managers strongly
encourage State agencies to engage and seek input from local
employers when designing and selecting E&T programs to ensure
the skills being offered are those that are needed and match
the local workforce needs.
The Managers expect workforce partnerships (WFPs) to serve
as an option for individuals to fulfill work requirements
under SNAP. The Managers intend for WFPs to provide a non-
government option for E&T programming, through nonprofit or
private organizations to supplement--not supplant--Federal
and State E&T programs for SNAP participants.
The Managers intend to allow private employers,
organizations of private employers, or non-profit
organizations that provide quality, work-relevant skills,
training, or experience to qualify as a WFP, which will
fulfill work or training requirements for SNAP participants.
While enrollment by SNAP participants is voluntary, the
Managers expect participation in WFPs to fulfill either
mandatory or voluntary work requirements. WFPs are intended
to allow businesses to provide more industry-specific
training or soft skills workforce preparation for
individuals. WFPs are also intended to allow non-profit
organizations that provide quality, work-related training to
qualify as E&T programs.
The Managers expect that an organization may establish or
have an ongoing training program certified as a WFP by a
State or USDA if the program:
(A) provides work-related training or experience of 20 or
more hours per week;
(B) will serve as a reference for the participant
fulfilling work requirements or for future employment; and
(C) is otherwise following applicable employment and labor
laws.
Once certified, a WFP's reporting should be limited to
notifying a State agency when a SNAP participant enters or
leaves the program or is no longer meeting the program's
requirements. While State agencies may refer applicants to a
WFP, a WFP should be allowed to maintain an independent
application and screening process.
The Managers intend for WFP providers to be allowed to
receive grants or funding through other sources and partner
with non-profit organizations, community or technical
colleges, a consortium of private employers, or industry and
trade associations.
(4) Improvements to electronic benefit transfer system
The House bill amends section 7(h)(2) of the FNA to require
the Secretary to review and modify regulations related to
evolving electronic benefit transfer (EBT) technology and to
develop standards using risk-based measures to maximize the
security, ease of use, and effectiveness of the technology.
(Section 4016)
The House bill amends section 7(h)(14) by requiring that
before the Secretary authorizes use of mobile technologies to
access SNAP benefits in all States, the Secretary shall
approve no more than five demonstration projects that will
pilot the use of mobile technologies, while maintaining
recipient protections and access. (Section 4017)
The House bill amends section 7(h)(13) to prohibit States,
and agents, contractors, and subcontractors of the State from
imposing fees for switching or routing EBT transactions.
(Section 4018)
The House bill amends section 7(d) of the FNA to expand the
entities over which the Secretary shall implement controls
related to the delivery of benefits. Section 9(c) is
[[Page H9979]]
amended to authorize the Secretary to require that applicant
retailers submit contracts for EBT services and equipment and
records necessary to validate the FNS authorization number to
accept and redeem benefits. (Section 4022)
The House bill amends section 7(h)(8) of the FNA to require
the head of household to review program rights and
responsibilities after two or more lost cards in a 12-month
period. (Section 4019)
Finally, the House bill amends section 7(h)(12) to: (1)
require a State to establish a procedure for the recovery of
benefits due to the death of all members of the household;
(2) modify the time period for benefit storage from 6 months
to 3 months for inactivity; and (3) modify the time period
for expunging benefits from 12 months to 6 months or upon
verification all members of the household are deceased.
(Section 4020)
The Senate amendment: (1) amends section 7(h) by inserting
a new authority regarding prohibited fees, effective through
fiscal year 2022; (2) adds a new authority to section 7(f) to
allow a farmers market or direct marketing farmer to operate
a point of sale device at more than one location if certain
requirements are met; (3) directs GAO to study the state EBT
systems and evaluate fees, outages, emerging entities and
technologies, and entities that participate in the EBT
system, and submit findings to Congress; (4) requires the
Secretary to conduct a review of EBT systems and issue
guidance or regulation based on the findings of the GAO study
and the Secretary's review; and (5) allows the Secretary to
require applicant retailers to submit EBT equipment
information and requires that the Secretary also consider
information about the ability of an applicant retailer's EBT
equipment and service provider to provide sufficient EBT data
to minimize fraudulent transactions. (Section 4104)
The Conference substitute adopts the House provision with
amendments (1) prohibiting the imposition of fees for
switching and routing EBT transactions through fiscal year
2023; (2) striking the House expansion of the parties for
which the Secretary shall implement controls over related to
the delivery of benefits; (3) striking the House requirement
that the head of household review program rights and
responsibilities after two or more lost cards in a 12-month
period; (4) allowing a farmers market or direct marketing
farmer to operate a point of sale device at more than one
location if certain requirements are met; (5) allowing the
Secretary to require applicant retailers to submit EBT
equipment information; (6) requiring that the Secretary
consider information about the ability of an applicant
retailer's EBT equipment and service provider to provide
sufficient EBT data to minimize fraudulent transactions; and
(7) making other technical changes. (Section 4006)
The Managers recognize that the acceptance of SNAP benefits
at farmers markets has increased participants' access to
fresh, healthy food while improving sales for local farmers.
In 2017, over $22.4 million in SNAP benefits were redeemed by
farmers markets or direct marketing farmers. While this
represents a significant expansion over previous years, these
transactions remain a small percentage of total SNAP
transactions.
A persistent challenge to increasing SNAP acceptance at
farmers markets has been the cost and availability of
wireless EBT point-of-sale equipment. This barrier has been
compounded by the recent announcement that a major provider
of mobile EBT technology plans to discontinue service. The
Managers direct the Secretary to take appropriate action to
ensure that EBT service is not disrupted and SNAP customers
maintain the ability to use their benefits at farmers
markets.
Another challenge is the requirement for each farmers
market location to obtain its own EBT authorization and
equipment, even if the locations are operated and managed by
a single organization. The Managers intend for the Secretary
to allow a farmers market or direct-marketing farmer to
operate an individual point-of-sale device at more than one
location under the same SNAP authorization, while maintaining
appropriate safeguards to ensure program integrity.
The Managers are aware that some State-contracted EBT
processors are charging switching or routing fees in
connection with the routing of SNAP benefits. These fees
require retailers and/or those routing transactions on behalf
of retailers (often referred to as third party processors) to
pay for switching or routing EBT transactions to the State
EBT processor that handles the client EBT account. These fees
may seek to offset artificially low cost-per-case-month fees
that are bid as part of State contracts, and therefore,
adversely affect competition among existing or new EBT
processors. So, for the next five years, in the interest of
maintaining competitiveness for EBT transaction routing, the
Managers extend existing statutory prohibitions against the
charging of fees by State-contracted EBT processors in
connection with the redemption of SNAP benefits to include
the charging of gateway switching or routing fees to SNAP
authorized retailers or their third party processors. This
five-year prohibition will provide interim certainty while
allowing stakeholders to coordinate and find practical
compromise.
The Managers recognize USDA has existing authority to
review State EBT systems, as well as fees, outages, emerging
entities and technologies, and the participating entities
within the EBT system. The Managers also understand the
Secretary has begun a feasibility study related to a
potential national gateway system. In addition to the gateway
study, the Managers strongly encourage the Secretary to
review other components within the EBT system, including, but
not limited to, security, use of innovative technology, and
improved monitoring.
The marketplace continues to develop innovative
technologies, such as third-party mobile applications, which
can assist SNAP participants with managing their benefits.
The Managers encourage USDA to use existing authority to
review the effectiveness of third-party mobile applications
for SNAP EBT cards and to inform States on how to ensure
these new technologies have a secure system in place to
protect personal account information; do not sell, distribute
or make available personal account information for commercial
marketing purposes; and that participants have consistent
access to information that would otherwise be made available
to that household member.
Although the Managers agreed to reduce the time limit
before benefits are stored and expunged, the intent is for
SNAP participants to be provided appropriate opportunity to
restore benefits after they have been stored and before they
are expunged. Further, when determining whether clients have
used their benefits within the required timeframes, the
Managers direct States to track account activity using the
``first in, first out'' method.
(5) Requirements for online acceptance of benefits
The House bill amends section 3(o)(1) of the FNA to include
online entities within the definition of retail food store.
It also amends section 7(k) to strike the required report to
Congress and require the nationwide implementation of the
online acceptance of benefits post-pilot. (Section 4021)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 4001)
The Managers recognize the importance of modernizing SNAP
to improve the efficiency of the program through online
redemption of benefits. While the online pilots at USDA have
yet to begin, in spite of the deadline established by the
Agricultural Act of 2014, the Managers encourage the
Secretary to promptly implement those pilots and adopt online
acceptance nationwide following completion of such pilots. In
order to expedite nationwide implementation, the Managers
agreed to remove the reporting requirement from the online
pilots. The Managers expect USDA to continue to incorporate
appropriate protections and monitoring to ensure program
integrity.
(6) National gateway
The House bill requires the Secretary to create a national
gateway through which to route all SNAP EBT transactions.
Prior to implementing the national gateway in all States, the
Secretary is required to conduct a feasibility study. The
House bill authorizes $10.5 million for fiscal year 2019 and
$9.5 million for each of fiscal years 2020 through 2023, and
requires benefit issuers and third-party processors to pay
fees, proportionate to the number of transactions and
operating costs, to the gateway operator. (Section 4022)
The Senate amendment contains no comparable provision. The
Conference substitute deletes the House provision.
(7) Supplemental nutrition assistance program benefit
transfer transaction data report
The House bill amends section 9 of the FNA by authorizing
the Secretary to collect a statistically significant sample
of SNAP retailer transaction data, including the cost and
description of food purchased with SNAP, to the extent
practicable. The House bill also exempts certain transaction
data from the Freedom of Information Act disclosure
requirements. (Section 4026)
The Senate amendment contains no comparable provision. The
Conference substitute deletes the House provision.
(8) Required action on data match information
The Senate amendment requires State agencies to contact the
household to clarify or verify, if applicable, certain
information relating to household circumstances received from
data matches for the purpose of ensuring an accurate
eligibility and benefit determination. (Section 4106)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 4009)
Procedures for required action on data matches have been
established through regulation at 7 CFR 273.12(c)(3). The
Managers do not intend for the Department to change or
reconsider this regulation. Rather, this provision is
intended to codify existing regulation and make a conforming
change to address the establishment of the National Accuracy
Clearinghouse.
(9) Transitional benefits
The House bill requires State agencies to provide
transitional SNAP benefits to households that cease to
receive cash assistance through TANF or to households with
children that cease to receive cash assistance through a
State-funded public assistance program, for 5 months after
the date on which cash assistance is terminated. (Section
4024)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(10) Incentivizing technology modernization
The House bill modifies the eligibility for grants under
section 11(t) to limit grants to
[[Page H9980]]
projects to develop and implement SNAP simplified application
and eligibility determination systems. (Section 4025)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment making technical changes. (Section 4010)
(11) Interstate data matching to prevent multiple issuances
The House bill requires an interstate database or system of
databases to prevent participants from receiving duplicative
benefits in multiple States, and includes state data
collection and requirements to submit uniform data to USDA,
including for each member of a participating household:
social security number, employment status, amount of income,
the member's portion of the household monthly allotment, and
portion of household assets attributed to that member.
(Section 4001)
The Senate amendment requires data matching through an
interstate data system to prevent simultaneous issuance of
benefits to an individual by more than one State. (Section
4109)
The Conference substitute adopts the House provision with
amendments that include parts of the Senate amendment to
protect participant privacy and that make technical changes.
(Section 4011)
The amendments also modify the House provision that
requires state data collection by instead requiring the
Secretary to approve the establishment of longitudinal
databases for research purposes that include, if available,
household demographic characteristics, income and financial
resources, employment status, household circumstances such as
deductible expenses, and the monthly SNAP allotment amount,
while protecting participant privacy. To award grants to
States to establish and maintain the longitudinal databases,
the Secretary is provided $20 million for fiscal year 2019 to
remain available through fiscal year 2021 and $5 million for
fiscal year 2022 and each fiscal year thereafter. (Section
4015)
The Managers intend to build upon the successful pilot
program authorized under the Agricultural Act of 2014 to
prevent duplicate, simultaneous receipt of SNAP benefits in
two or more States. The Managers recognize that certification
in more than one State is frequently due to a household
moving between States and the State failing to properly close
or adjust benefits as a result of household relocation, not a
household committing fraud. The Managers expect the expansion
of the National Accuracy Clearinghouse will create
efficiencies in the process by which States address this
issue. However, the Managers do not intend for this data
matching to impede access to SNAP or delay certification of
eligible households. The Managers provide discretion to the
Secretary to determine the most effective system and vendor
(s) to carry out this section. The Managers expect State
agencies to participate in and take action on data matching
that indicates multiple benefit issuances, consistent with
required action on data match information (Section 4009) in
the conference substitute agreement.
The Managers intend for longitudinal databases to better
assess households' participation in SNAP and SNAP program
operations, and to improve SNAP program design and
effectiveness. The Managers intend for the creation of State-
based longitudinal databases to improve research on
participation in the program, including duration of
participation in SNAP. Longitudinal data can serve as an
important measurement of program impact and success, and can
be used by States and the Secretary to improve program
administration. This provision directs the Secretary to
establish a database framework to maximize potential
consistency among States and, in addition to administrative
cost share, incentivize States to develop and maintain
databases through grant allocation. The Managers recognize
that State computer systems and certification processes may
vary between States and some variations will need to be
accommodated.
The Managers also ask that, to the maximum extent
practicable, States strive to include all households in the
datasets. While ensuring minimal burden on States and program
participants is paramount, robust sets of data are important
in informing future policy. However, this is not intended to
preclude the funding of longitudinal databases in States that
are not able to include all households or participants within
the State. The Managers expect that all States that have an
interest in creating a database will be given an opportunity
to participate, even if the State is not able to include all
SNAP households or faces higher data management costs due to
population size. The Managers intend for longitudinal
databases to be established on the initiative of the State,
and encourage States that establish longitudinal databases to
do so in a thoughtful, deliberate manner, with adequate
consideration of potential data uses and needed security
practices.
The Managers expect the Secretary to direct and States to
ensure personally identifiable information is not used or
stored in longitudinal databases of SNAP participants.
Further, the Managers urge the Secretary to adopt the highest
practical privacy and data security standards for any
approved data to be used in any longitudinal database storage
systems operated by States or using Department funds. The
Managers encourage the Department to consult with other
Federal agencies, such as the Census Bureau and the Treasury
Department about how those agencies have protected the
identity of individuals whose information is contained in
Federal databases.
The Secretary should allow for the sharing of aggregated
information not including personally identifiable information
by States from a longitudinal database to researchers who are
qualified and have the capacity to protect such data.
However, the Managers intend for the data stored in
longitudinal databases to be subject to neither Federal nor
State Freedom of Information Act requests.
The Managers do not intend for this section to restrict
States that have already or will in the future establish
their own longitudinal databases in accordance with other
provisions of the Food and Nutrition Act of 2008. Further,
the Managers encourage the Secretary and States establishing
new longitudinal databases to utilize the lessons learned by
States that have already established longitudinal databases.
(12) Income verification
The Senate amendment requires pilot projects in up to 8
states to test strategies to improve the accuracy or
efficiency of the income verification process, and fund
projects at $10 million total. (Section 4107)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(13) Retail incentives
The House bill amends the FNA to establish a pilot project
through which authorized retail food stores may provide
bonuses to participating SNAP households based on household
purchases of fruits, vegetables, and fluid milk. Retail food
stores participating in the pilot project may be reimbursed
in an amount not to exceed 25 percent of the dollar value of
bonuses earned by households and used to purchase SNAP-
eligible foods. The House bill provides the Secretary with
not more than $120 million each fiscal year for such
reimbursements. (Section 4002)
The Senate amendment amends section 9 of the FNA to direct
the Secretary to promulgate regulations to clarify the
process by which retailers may seek a waiver to offer an
incentive for the purchase of certain foods recommended for
increased consumption by the Dietary Guidelines for
Americans. (Section 4105)
The Senate amendment also amends section 17 of the FNA to
establish pilot projects to increase the purchase of fluid
milk in a manner consistent with the Dietary Guidelines for
Americans, and authorizes appropriations of $20 million to
remain available until expended. (Section 4108)
The Conference substitute adopts the House provision with
amendments to strike (1) the reimbursement to retail food
stores participating in pilot projects for not more than 25
percent of the dollar value of bonuses earned by household
and used to purchase SNAP-eligible food and (2) the $120
million funding authority. The amendments authorize fluid
milk incentive projects to increase the purchase of fluid
milk; specify that the Secretary shall issue guidance to
clarify the process by which retail food stores may seek
waivers to offer an incentive for the purchase of fruits,
vegetables, whole grains, or dairy (or products thereof) that
are staple foods identified for increased consumption
consistent with the most recent dietary recommendations; and
make other technical changes. (Sections 4008 and 4208)
The Managers recognize the necessity of the public-private
partnership between USDA and retail food stores to implement
SNAP, and encourage retailers to offer incentives for the
purchase of fruits, vegetables, whole grains, and dairy
staple foods with SNAP benefits. While the Managers
understand that USDA currently allows retail food stores to
offer incentives under a waiver, the waiver requests are not
widely understood or utilized. The Managers encourage USDA to
develop a more formal process to engage a variety of
retailers, and provide incentive options to a broader SNAP
population. This provision is not intended to permit
retailers to waive any other aspects of SNAP equal treatment.
(14) Adjustment to percentage of recovered funds retained by
states
The House bill amends section 16(a) of the FNA to allow
States to retain 50 percent of recovered funds, instead of 35
percent, and limits the use of such funds to carrying out
SNAP, including technology investments, improvements in
administration and distribution, and fraud prevention.
(Section 4027)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(15) Quality control
The House bill amends section 11(a)(3) of the FNA to
require that State agencies provide the Secretary with access
to entire state information systems containing SNAP- related
records for inspection and audit, subject to data and
security protocols agreed to by the State agency and
Secretary. The provision amends section 16 (c) to require
State agencies to provide the Secretary with the records and
access to the entire information systems in which such
records are contained necessary to determine the State's
payment error rate. The House bill also amends section 16 (g)
to add to the list of criteria for receiving federal
administrative cost-share for
[[Page H9981]]
the planning, design, development, installation, and
operation of state information systems, a requirement that
the Secretary be provided with access to the entirety of such
system. (Section 4023)
The Senate amendment is substantially similar to the House
bill, but without the requirement that data and security
protocols be agreed to by the State agency and Secretary,
without the amendment to section 16(c) to require access to
entire information systems necessary to determine the State's
payment error rate, and with technical differences. (Section
4110)
The Conference substitute adopts the House provision with
amendments making technical changes. (Section 4013(a), (c),
and (e))
The Managers recognize the oversight and administration
problems with the quality control (QC) process identified
over the last several years, both at the Federal and State
level, which resulted in a multi-year gap in publication of
SNAP error rates. The Managers acknowledge the Office of
Inspector General audit of the Food and Nutrition Service
(FNS) and State QC processes for fiscal year 2011 and fiscal
year 2012, as well as the subsequent Department of Justice
investigation of the use of a third-party contractor in 20
States.
The Managers recognize the updates and improvements to the
QC process made by FNS through clarified guidance, corrective
action plans with States, and the publication of a fiscal
year 2017 error rate. The Managers intend to reinforce these
efforts to obtain statistically-valid data, and intend for
States to cooperate in the QC process by making data
available to FNS when requested.
The federal government has a responsibility to evaluate
SNAP for program improvement, program access and program
integrity. In order to do so, USDA needs sufficient access,
in accordance with agreements with States, to State systems
and records. In particular, this allows for more transparency
and a greater ability to detect and reduce errors and fraud.
The Managers direct USDA to access records and information
systems and, as appropriate, to better manage the program in
this regard.
(16) Quality control
The House bill amends section 16(c) of the FNA by reducing
the tolerance level for payment errors from $37 to $0 and by
changing the criteria for when the State is held liable for
its payment error rates. (Section 4028)
The House bill amends section 16(d) by eliminating the $48
million performance bonuses beginning in fiscal year 2019
while retaining requirements regarding performance criteria
including actions taken to correct payment errors, reduce
error rates, and improve eligibility determinations. (Section
4029)
The Senate amendment amends section 16(c) by providing
authority regarding quality control system integrity,
including directing the Secretary to issue interim final
regulations within 180 days and requiring the Secretary to
debar any person who knowingly submits or causes to be
submitted false information to the Secretary. The Senate
amendment also requires that starting for fiscal year 2018
performance, $48 million in performance bonuses be reduced to
$6 million for each fiscal year for application processing
timeliness. (Section 4110)
The Conference substitute adopts the House provision with
amendments that strike the changes to the tolerance level for
payment error, that strike the changes to when States are
held liable for payment error rates, that include authority
regarding quality control system integrity, that specifies
performance bonuses are eliminated starting for fiscal year
2018 performance, and that make other technical changes.
(Section 4013(b) and (d))
The Managers also recognize the role that performance
bonuses have historically played in motivating States to
pursue low error rates, but acknowledge that some States have
implemented problematic practices in recent years. As a
result, the Managers chose to eliminate bonuses awarded based
on error rates. States will continue to be held responsible
for administering SNAP, and legally bound to processing
applications in a timely manner, ensuring households receive
the accurate amount of SNAP benefits, and making certain the
program is administered in the most effective and efficient
manner. The Managers intend State performance indicators to
include case and procedural error rates (CAPERs) and metrics
on timeliness of application processing and program access.
(17) Requirement of live-production environments for certain
pilot projects relating to cost sharing for
computerization
The Senate amendment amends section 16 of the FNA to
require that State agencies test the automatic data
processing and information retrieval systems in a live
production environment prior to implementation. (Section
4111)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 4012)
The Managers intend to provide cost-sharing funds for State
agencies to test changes to state SNAP systems through the
use of ``live'' pilots and receive approval from the
Secretary prior to fully implementing changes to state SNAP
systems. The Managers intend for this testing and approval to
address concerns with recent cases of State agencies adopting
changes or implementing integrated eligibility systems that
have resulted in errors in benefits issuances.
(18) Public-private partnerships
The House bill amends section 17 of the FNA to allow the
Secretary to conduct pilot projects to support public-private
partnerships that address food insecurity and poverty, and
authorizes appropriations of $5 million to carry out such
projects. (Section 4030)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendments to require an independent evaluation of the
public-private partnership pilot projects and to make other
technical changes. (Section 4021)
SNAP, by design, is a partnership between public and
private entities, with the goal of reducing food insecurity.
The Secretary may permit not more than 10 eligible entities
to carry out pilot projects that support these necessary
cooperative arrangements. The Managers agree that any and all
of these pilots must address food insecurity and poverty by
improving the coordination of programs that promote
independence, develop contextualized solutions to poverty,
and strengthen the capacity for regions/communities to
address and mitigate food insecurity and poverty.
Additionally, the Managers expect independent evaluations of
these projects to ensure a robust and impartial assessment of
activities, best practices, and overall effectiveness of the
pilots.
(19) Assistance for community food projects
The Senate amendment provides $5 million for fiscal year
2019 and each fiscal year thereafter for Community Food
Projects. (Section 4113)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 4017)
(20) Nutrition education state plans
The House bill amends section 28 of the FNA: (1) to require
that the Secretary, acting through the Director of the
National Institute of Food and Agriculture (NIFA), in
consultation with the FNS Administrator, implement a
nutrition education and obesity prevention program; (2) to
provide annual funding to 1862 and 1890 institutions to
deliver nutrition education services that, to the extent
practicable, provide for the employment and training of
professional and paraprofessional aides to engage in direct
nutrition education, and to partner with other public and
private entities to optimize program delivery; (3) to allow
State agencies to use SNAP 50/50 administrative funds to
prepare state plans on nutrition education and to notify
eligible participants about the availability of the program;
(4) to increase mandatory funding for the program to $485
million beginning in fiscal year 2019, indexed to inflation;
(5) to allow for reallocation of unexpended funds to other
eligible institutions during the fiscal year or subsequent
fiscal year; (6) to authorize additional appropriations for
the program of $65 million for each of fiscal years 2019
through 2023; (7) to update the allocation of funds so that,
beginning in fiscal year 2019, funds are allocated based
solely on States' SNAP populations; and (8) to limit
administrative costs for eligible institutions to 10 percent.
The House provision also amends section 18 to reflect the
repeal of the Expanded Food and Nutrition Education Program
(EFNEP) by section 7110 of the House bill. (Section 4033)
The Senate amendment: (1) requires that the state plan
describe how the State agency will use an electronic
reporting system to evaluate SNAP-Ed projects; (2) requires
increased coordination with the expanded food and nutrition
education program and additional consultation with the
Director of NIFA; and (3) requires the State agency to submit
an annual evaluation report. (Section 4114)
The Conference substitute adopts the Senate provision with
amendments to (1) require that the electronic reporting
system used to evaluate SNAP-Ed projects also be used to
account for State agency administrative costs; (2) establish
an information clearinghouse to share best practices ensuring
that SNAP-Ed projects are appropriate for the target
population; (3) require the Secretary to provide technical
assistance to State agencies in developing and implementing a
SNAP-Ed state plan; (4) require an annual State report to the
Secretary; (5) require an annual federal report to Congress
that includes an evaluation of the level of coordination
between SNAP-Ed, EFNEP, and other USDA nutrition education
programs; and (6) make other technical changes. (Section
4019)
The Managers recognize the importance of offering nutrition
education, especially in conjunction with SNAP benefits. The
Managers also recognize the role of partner organizations who
implement nutrition education programs. The Managers note
that SNAP-Ed programs are not evaluated in a standardized
manner across States or partner organizations. However, the
Managers expect both States and partner organizations to make
improvements to the evaluation process of their SNAP-Ed
programs and to leverage evaluation results to deliver
nutrition education in the most effective manner. When
appropriate, partners are encouraged to share longitudinal
data, especially for multiyear projects. The Managers intend
for States to use the Information Clearinghouse to share best
practices in planning, implementing, and evaluating SNAP-Ed
programs.
[[Page H9982]]
The Managers encourage nonprofit partners to work with
research-capable organizations to improve program
evaluations.
The Managers recognize the role of land grant colleges and
universities in implementing, evaluating, and improving
nutrition education, whether through SNAP-Ed or EFNEP. The
Managers expect those implementing SNAP-Ed and EFNEP to
coordinate programming, as appropriate, to efficiently serve
target populations without duplicating efforts.
The Managers also expect that States provide an accounting
of allowable State agency administrative costs. This is
necessary to ensure all program funds are used in the most
appropriate manner and that beneficiaries of nutrition
education receive the most effective programming and
services. The Managers expect USDA to work with States to
provide appropriate aggregated data in a way that does not
increase the administrative burden related to reporting.
(21) Emergency food assistance
The House bill amends section 27 of the FNA by increasing
the Emergency Food Assistance Program (TEFAP) entitlement
commodity funding. The House bill extends funding authority
at $250 million per year, adjusted for Thrifty Food Plan
(TFP) changes, through fiscal year 2023, in addition to $60
million in funds starting in fiscal year 2019, the total of
which is adjusted by changes from the June 2018 TFP in
subsequent fiscal years. The House bill also establishes a
Farm-to-Food-Bank fund, which authorizes $20 million to be
distributed to States to procure, or to enter into agreements
with food banks to procure, excess fresh fruits and
vegetables grown in the State or surrounding region to be
provided to eligible recipient agencies under section 201A
(3) of the Emergency Food Assistance Act of 1983. (Section
4032)
The Senate amendment increases the TEFAP entitlement
commodity funding by extending funding authority at $250
million per year, adjusted for TFP changes, through fiscal
year 2023, added to the following: for fiscal year 2019, $23
million and for each of fiscal years 2020 through 2023, $35
million. Funding for fiscal year 2024 and each subsequent
fiscal year will be indexed from the fiscal year 2023
funding level.
The Senate amendment amends the Emergency Food Assistance
Act of 1983 to provide $4 million per year in mandatory
funding through fiscal year 2023 for State agencies to
partner with emergency feeding organizations to establish
projects to harvest, process, or package unharvested,
unprocessed, or unpackaged commodities that are donated by
agricultural producers, processors, or distributors and to
pay for up to 50 percent of the cost of such projects. It
also provides emergency feeding organizations and eligible
recipient agencies the opportunity to provide input on the
commodity needs and preferences of those entities.
Additionally, the Senate amendment requires the Secretary to
issue guidance outlining best practices to minimize food
waste of donated commodities and reauthorizes TEFAP
infrastructure funding through fiscal year 2023. (Section
4115)
The Conference substitute adopts the Senate provision with
an amendment specifying that projects to harvest, process, or
package unharvested, unprocessed, or unpackaged donated
commodities also include the transportation of such
commodities. (Section 4018)
The Managers support State efforts to channel unused, raw
agricultural commodities or food from commercial sources into
food donations and to minimize food waste in the food
donation process. The Managers intend for funding provided
for such efforts to be used to convert raw commodities,
unprocessed foods, or other foods that are not in a
consumable or shelf-stable form to be used or stored by
emergency feeding organizations. The funds for such projects
are not intended to be used for food or commodity purchases,
since such funds are already provided through separate
funding for TEFAP. The Managers intend for any funds provided
for transportation under subsection (d) to be used to support
a project under this subsection, not for transportation
related to other activities within TEFAP.
The Managers expect the guidance to include best practices
to minimize food waste within the procurement, processing,
and distribution of food donations to State agencies and
emergency feeding organizations.
The Managers encourage State agencies to engage
stakeholders, including emergency feeding organizations and
eligible recipient agencies, in the development of the State
plan, especially when determining selection of USDA
commodities, in order to best meet State and local needs.
(22) Retail food store and recipient trafficking
The House bill amends section 29 of the FNA by extending to
fiscal year 2023 the authorization of appropriations for
tracking and preventing SNAP trafficking using data mining
technologies. (Section 4034)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 4020)
(23) Technical and conforming amendments
The House bill provides technical corrections. (Section
4035)
The Senate amendment provides technical corrections.
(Section 4116)
The Conference substitute adopts the House provision.
(Section 4022)
(24) Re-evaluation of thrifty food plan
The House bill amends section 3(u) of the FNA to, by 2022,
and at five-year intervals, require a re-evaluation and
publication of the TFP based on current food prices, food
composition data, and consumption patterns. (Section 4004)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment specifying that the re-evaluation of the TFP
also be based on dietary guidance. (Section 4002)
SNAP benefits are based on USDA calculations of the cost of
food. However, SNAP benefits can become out-of-date based on
inconsistent review of the TFP. The Managers require that the
TFP be re-evaluated every five years to ensure it reflects
current eating habits of Americans, including patterns of
food preparation, and the items most often purchased by
consumers.
(25) Update to categorical eligibility
The House bill amends section 5(a) and 5(j) of the FNA such
that categorical eligibility may only be used in instances
where a beneficiary is receiving either cash assistance or
ongoing and substantial services such as transportation,
childcare, counseling, or other services funded under part A
of title IV of the Social Security Act with an income
eligibility limit of not more than 130 percent (200 percent
for elderly or disabled) of the poverty line. (Section 4006)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(26) Basic allowance for housing
The House bill amends section 5(d) of the FNA to exclude up
to $500 of a housing allowance received under section 403 of
title 37 of the United States Code from the calculation of
income when determining SNAP eligibility, and amends section
5(e)(6)(A) of the FNA so a household that receives an
allowance under section 403 of title 37 of the United States
Code can only claim expenses in excess of that allowance when
determining the household's expenses for the excess shelter
deduction. (Section 4007)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(27) Earned income deduction
The House bill amends section 5(e)(2)(B) of the FNA to
increase from 20 to 22, the percentage of a household's
earned income that may be deducted for purposes of
calculating income when determining SNAP eligibility.
(Section 4008)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(28) Simplified homeless housing costs
The House bill amends section 5(e)(6)(D) of the FNA to
require that States provide a simplified homeless housing
deduction of $143, adjusted for inflation, for homeless
households who are not receiving free housing during the
month and not claiming an excess shelter expense deduction
under section 5(e)(6)(A). (Section 4009)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 4004)
In order to ensure equal treatment across States, the
Managers agree that homeless households that are not
receiving free shelter throughout the month should receive a
standardized deduction of $143.
(29) Availability of standard utility allowances based on
receipt of energy assistance
The House bill amends section 5(e)(6)(C) of the FNA by
limiting the availability of the standard utility allowance
for heating and cooling costs to those households consisting
of an elderly or disabled member and amends section 5(k)(4)
of the FNA so that third party energy assistance payments are
considered money payable directly to households without an
elderly or disabled member for purposes of calculating
exclusions to income, and are no longer considered out-of-
pocket expenses for such households for determination of the
excess shelter expense deduction. (Section 4010)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(30) Child support; cooperation with child support agencies
The House bill amends section 5(e) of the FNA by striking
the State option to provide a deduction from income for child
support payments, therefore requiring all States to provide
an exclusion for child support payments. It amends sections
6(l) and 6(m) of the FNA, striking the State option to
require child support cooperation for custodial and
noncustodial parents, thus requiring cooperation. The House
bill also strikes section 6(n), eliminating the State option
to disqualify SNAP participants for child support arrears,
thus not allowing States the option to disqualify SNAP
participants for child support arrears. (Section 4011)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendments to strike the changes to the State options in
section 5(e) and sections 6(l) through 6(n) and to require
that the Secretary conduct an independent evaluation that
includes, among
[[Page H9983]]
other things: (1) an assessment of the impact of the
eligibility requirements in sections 6(l) through (n) in
States that have formerly implemented or continue to
implement those requirements, and of the feasibility of
implementing those requirements in other States; (2) an
assessment of the factors that contributed to the decision of
States that formerly implemented those requirements to cease
such implementation; and (3) a review of alternatives to
those requirements that are used by other States to assist
SNAP participants to make or receive child support payments
and the effectiveness of such alternatives. (Section 4014)
The Managers agreed to include an evaluation of child
support enforcement cooperation requirements. The Managers
intend for this study to evaluate a representative sample of
States of the types indicated in subparagraph (A), including
those that have implemented, those that formerly implemented,
and those that have not implemented State options on
eligibility related to child support enforcement. The
Managers also intend for USDA to assess the impact of
mandatory child support cooperation on food security,
including reviewing relevant data about individuals who
choose not to participate in SNAP due to mandated child
support cooperation.
(31) Adjustment to asset limitations
The House bill amends section 5(g)(1) of the FNA by
increasing from $2,000 to $7,000 the maximum allowable value
of assets for participating households, and from $3,000 to
$12,000 for households including an elderly or disabled
member, and adjusts such values for inflation for each fiscal
year starting on October 1, 2019. (Section 4012)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(32) Updated vehicle allowance
The House bill amends section 5(g) of the FNA to require
all States to exclude $12,000 (adjusted annually for
inflation) of the value of one vehicle per licensed driver
from household asset calculations, and strikes the
alternative vehicle allowance. (Section 4013)
The Senate bill contains no comparable provision.
The Conference substitute deletes the House provision.
(33) Savings excluded from assets
The House bill amends section 5(g) of the FNA to exclude up
to $2,000 (adjusted annually for inflation) in savings from
household assets in determining SNAP eligibility. (Section
4014)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(34) Implementation funds
The House bill provides $150 million under section 18(a) of
the FNA for fiscal year 2019 to remain available until
expended to implement the amendments made by subtitle A of
Title IV of the House bill. (Section 4036)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(35) Multivitamin-mineral dietary supplements eligible for
purchase with supplemental nutrition assistance benefits
The House bill amends section 3(k) of the FNA to allow
certain ``multivitamin-mineral dietary supplements'' to
qualify as a food item that may be purchased with SNAP
benefits. (Section 4037)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(36) Review of supplemental nutrition assistance program
operations
The House bill amends section 9 of the FNA by adding a new
subsection to require the Secretary to review and report on a
representative sample of certain types of authorized group-
living facilities to determine whether SNAP benefits are
properly being used by households residing in such facilities
and requiring reports to Congress within 3 years. The House
bill also specifies that nothing in section 9 authorizes the
Secretary to deny an application for authorization, including
continued authorization, or a request to withdraw the
authorization of such group-living facilities based on a
determination that the residents of those facilities are
residents of an institution prior to the submission of the
report or 3 years after the date of enactment, whichever is
earlier. (Section 4038)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendments that make technical changes and specify that
nothing in the new subsection authorizes the Secretary to
deny an application for authorization, including continued
authorization, or a request to withdraw the authorization of
such group-living facilities based on a determination that
the residents of those facilities are residents of an
institution prior to 18 months after the date of enactment.
(Section 4007)
The Managers expect the Secretary to review and conduct
oversight of authorized facilities to prevent the issuance of
duplicative benefits for food and ensure program integrity of
SNAP. In addition, the Managers intend for the Secretary to
review the procurement of benefits on behalf of SNAP eligible
individuals by residential drug and alcohol treatment
facilities, and conduct oversight as necessary.
(37) Disqualification of certain convicted felons
The House bill amends section 6 of the FNA to disqualify
certain convicted felons from participating in SNAP. (Section
4039)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(38) Determination of amount of block grant payable to Puerto
Rico
The House bill requires the Secretary to study the
feasibility and impact of using a TFP exclusive to Puerto
Rico in calculating the amount of the block grant for Puerto
Rico, and authorizes such sums as necessary to be
appropriated to carry out the study. (Section 4040)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(39) Service of traditional foods in public facilities
The House bill amends section 4033 of the Agricultural Act
of 2014 to expand the public facilities eligible for the
service of traditional foods under that section. (Section
4041)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to amend 4033(d)(1) of the Agricultural Act of
2014 to limit the liability of States, counties or county
equivalents, local education agencies, and other entities
authorized to facilitate the donation, storage, preparation,
or serving of traditional food. (Section 4203)
The Managers intend to update the liability protection for
the donation or serving of traditional foods to include
States, counties or county equivalents, local educational
agencies, entities, and persons authorized by the operator of
a food service program.
(40) Extension of study on comparable access to supplemental
nutrition assistance for Puerto Rico
The House bill amends section 4142 of the Food,
Conservation, and Energy Act of 2008 to renew an
authorization for a study on the feasibility of including the
Commonwealth of Puerto Rico in the SNAP program, in lieu of
providing Puerto Rico with a block grant. (Section 4042)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(41) Administrative flexibility for States
The House bill amends section 11(e)(6)(B) of the FNA to
allow, at the option of the State agency, non-State agency
employees to undertake certification or carry out any other
function of the State agency under SNAP. (Section 4043)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
The Managers determined, after reviewing USDA's December
2017 guidance, that certification and eligibility functions
must be performed by public, merit system employees. The
Managers encourage the Secretary to consult with States about
the efficiency and effectiveness of SNAP certification
systems and believe States should continue to improve
customer service through methods that neither affect privacy
nor eligibility determinations. The Managers determined a
statutory change to this system was unwarranted. However, the
Managers encourage the Secretary to continue to work with
States to find the appropriate balance to protect SNAP
integrity and access and address requests for flexibility
through the existing process in a timely fashion.
(42) Commodity supplemental food program
The House bill authorizes a minimum certification period of
one year, which at the request of the State, can be extended
based on certain criteria. (Section 4103)
The Senate amendment authorizes a certification period of
not less than one year, and subject to the approval of the
Secretary, a certification period of more than 1 year, but
not more than 3 years, and temporary certification. (Section
4202)
The Conference substitute adopts the Senate provision with
an amendment making technical changes. (Section 4102)
The Managers understand the importance of providing
nutritious food to low-income seniors. The Managers intend to
extend the certification period to up to three years for
seniors, with an annual contact to confirm continued
eligibility information and interest in the program. The
Managers also intend to allow temporary certification of an
individual for the Commodity Supplemental Food Program. The
Managers made these changes to reduce administrative burden
for participants and implementers, and to make the most
efficient use of program funds.
(43) Health food financing initiative
The House bill amends the authorization of appropriations
by striking ``until expended'' and instead authorizing the
funds to remain available until Oct. 1, 2023. (Section 4203)
The Senate amendment authorizes ``enterprises'' for program
loans, grants and funding projects and limits eligibility to
projects that accept SNAP benefits, as applicable. (Section
12409)
The Conference substitute adopts the Senate provision.
(Section 4204)
[[Page H9984]]
The Managers recognize that access to healthy food may
require a variety of retail settings in some areas,
particularly in rural areas and Tribal communities. To
encompass a broader variety of Healthy Food Financing
Initiative (HFFI) projects that will increase the supply of
and demand for healthy foods in underserved communities, the
bill expands eligible projects to include healthy food
enterprises. These enterprises could include food hubs,
mobile markets, direct to consumer markets, or food business
incubators. As healthy food enterprises do not necessarily
involve the direct sale of food to low-income consumers, the
Managers intend to clarify that direct acceptance of SNAP
benefits should be required if applicable to the project's
structure. The Managers also seek to clarify that HFFI should
provide equal consideration to projects regardless of whether
they intend to serve an urban or a rural community.
(44) The Gus Schumacher food insecurity nutrition incentive
The House bill amends section 4405 of the Food,
Conservation, and Energy Act of 2008 by (1) renaming the
program the Gus Schumacher Food Insecurity Nutrition
Incentive Program; (2) limiting program incentives to
financial incentives; (3) striking the independent evaluation
requirement and requiring instead that projects have adequate
plans to collect data for reporting and agree to participate
in a program evaluation; (4) updating program priorities to
include, among other priorities, prioritizing projects that
coordinate with multiple stakeholders; and (5) requiring the
Secretary to consult with the Director of NIFA to establish a
training, evaluation, and information center for use by
program grantees and for generating an annual report to
Congress on grant outcomes based on program data from
grantees.
The House bill authorizes mandatory funds at $45 million
for fiscal year 2019, $50 million for fiscal year 2020, $55
million for fiscal year 2021, $60 million for fiscal year
2022, and $65 million for fiscal year 2023 and each fiscal
year thereafter. Of the mandatory funds made available, the
House provision provides the training, evaluation, and
information center $2 million for each of fiscal years 2019
and 2020, and $1 million each fiscal year thereafter.
(Section 4003)
The Senate amendment amends section 4405 by (1) renaming
the program the Gus Schumacher Food Insecurity Nutrition
Incentive; (2) making certain definition changes, including
amending the definition of ``supplemental nutrition
assistance program'' to include programs for nutrition
assistance under section 19 of the FNA; (3) specifying that
grantees may partner with or make subgrants to public,
private, nonprofit, or for-profit entities; (4) providing
authority to the Secretary to allow a tribal agency to use
certain types of federal funds for the non-federal program
match; (5) requiring that projects must increase the purchase
of fruits and vegetables by SNAP participants by providing an
incentive for the purchase of fruits and vegetables at the
point of purchase to a household purchasing food with SNAP
benefits, and that projects (excepting those receiving
$100,000 or less) measure the purchase of fruits and
vegetables by SNAP participants; (6) striking the independent
evaluation requirement and requiring projects have adequate
plans to collect data for reporting and share information
with the Training and Technical Assistance Centers and
Information and Evaluation Centers; (7) updating program
priorities; (8) authorizing Training and Technical Assistance
Centers to assist grantees and subgrantees, including
entities applying for a grant or subgrant; and (9)
authorizing Information and Evaluation Centers to collect
program data and prepare an annual report with project
outcomes to submit to the Secretary.
The Senate amendment authorizes $50 million of mandatory
funds for fiscal year 2019 and each fiscal year thereafter.
Of the mandatory funds made available, the Senate provision
authorizes a cost cap of 15 percent for carrying out the
Training and Technical Assistance Centers and the Information
and Evaluation Centers and program administrative costs.
(Section 4303)
The Conference substitute adopts the House provision with
amendments that (1) rename the program ``The Gus Schumacher
Nutrition Incentive Program''; (2) make certain definition
changes, including amending the definition of ``supplemental
nutrition assistance program'' to include programs for
nutrition assistance under section 19 of the FNA; (3) specify
that grantees may partner with or make subgrants to public,
private, nonprofit, or for-profit entities; (4) provide
authority to the Secretary to allow a tribal agency to use
certain types of federal funds for the non-federal program
match; (5) strike the limitation of program incentives to
financial incentives, and require instead that projects must
increase purchase of fruits and vegetables by SNAP
participants by providing an incentive for the purchase of
fruits and vegetables at point of purchase to a household
purchasing food with SNAP benefits, and that projects
(excepting those receiving $100,000 or less over 1 year)
measure the purchase of fruits and vegetables by SNAP
participants; (6) strike the independent evaluation
requirement and require that projects have adequate plans to
collect data for reporting and share information with the
Nutrition Incentive Program Training, Technical Assistance,
Evaluation, and Information Centers; (7) require the
Secretary to consult with the Director of NIFA to establish 1
or more Nutrition Incentive Program Training, Technical
Assistance, Evaluation, and Information Centers to assist
grantees and applicants, and to collect project data and
generate an annual report with grant outcomes to submit to
Congress; (8) establish a produce prescription program to
improve dietary health through increased consumption of
fruits and vegetables; (9) provide mandatory funding of
$45,000,000 for fiscal year 2019, $48,000,000 for each of
fiscal years 2020 and 2021, $53,000,000 for fiscal year 2022,
and $56,000,000 for fiscal year 2023 and each fiscal year
thereafter; (10) set a cost cap of $17,000,000 total for
fiscal years 2019 and 2020 and $7,000,000 for fiscal years
2021 through 2023 for the Nutrition Incentive Program
Training, Technical Assistance, Evaluation, and Information
Centers; and (11) of the annual funding provided for fiscal
years 2019 through 2023, limit funds to not more than 10
percent for produce prescriptions and 8 percent for
administration. (Section 4205)
The Managers note the success of the Food Insecurity
Nutrition Incentive (FINI) program established by the
Agricultural Act of 2014. Building on that success, the
Managers establish permanent funding and authority for FINI.
This section also establishes one or more training,
evaluation, and information centers to provide information
and support as FINI continues to expand.
The Managers believe it is important that information and
results of FINI-funded programs be made available to
Congress, USDA agencies, researchers, grantees and the
public. Collecting information should not, however, be
duplicative or place such an administrative burden on
grantees that it interferes with their ability to effectively
implement SNAP produce incentive programs. The Managers
intend for the Information and Evaluation Center/s to collect
standard data from FINI grantees, facilitate grantees'
production of NIFA annual reports, and create a website on
which program information is easily searchable. This should
be done in a manner that also protects the privacy of SNAP
participants and retail food stores. The Managers encourage
the Secretary to consult with past FINI program managers on
the data to collect, collection instruments, and website
design.
The Managers also intend for the Training and Technical
Assistance (T&TA) Center/s to develop best practices and
ensure that information and supportive services are available
to all regions and types of communities, including areas that
are geographically remote or lack strong public or private
institutional infrastructure upon which grantees can rely for
technical support.
The Managers are aware that software and point of sale
equipment to facilitate incentive transactions can be costly.
The Managers encourage T&TA Center/s to cooperate with FNS
and grocery, farm, and electronic payment groups to develop
or adapt existing systems/technology and make options
available to current and future FINI grantees.
The Managers also agree the FINI and Produce Prescription
should be renamed the Gus Schumacher Nutrition Incentive
Program, in recognition of Mr. Schumacher's role in the
establishment of nutrition incentives nationwide. Mr.
Schumacher was a magnificent advocate for farmers and
families and saw the importance in building access and
affordability through incentive programs.
(45) Harvesting health pilot projects
The Senate amendment provides $4 million of mandatory funds
for each fiscal year 2019 through 2023 to establish a pilot
project for nonprofit organizations or State or local
agencies to partner with healthcare providers to prescribe
fresh fruits and vegetables or provide to certain low-income
individuals that suffer from, or are at-risk of developing a
diet-related health conditions. (Section 4304)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments to (1) establish a produce prescription program
instead of a pilot project; (2) require eligible entities
participating in the produce prescription program to agree to
share information with the Nutrition Incentive Program
Training, Technical Assistance, Evaluation, and Information
Centers; (3) allow not more than 10 percent of funds made
available for the Gus Schumacher Nutrition Incentive Program
to carry out the produce prescription program; (4) make
technical changes; and (5) incorporate language for this
provision into a single section as part of the Gus Schumacher
Nutrition Incentive Program. (Section 4205)
Previously, produce prescription projects have been
eligible for funding through the FINI program. While similar
in concept, these programs are often different in
implementation and goals. The Managers chose to establish a
separate produce prescription program with dedicated funding
to increase coordination with the healthcare community and
better evaluate the impact of these types of projects on
dietary health, food security, and health care use and costs.
Because produce prescription programs do not always require a
purchase, the Managers do not intend that the procedure
established by the Secretary to screen and verify eligibility
for members to participate in a prescription project will
require that a healthcare partner verify that an individual
has an active SNAP balance.
(46) Amendments to the fruit and vegetable program
The House bill amends section 19 of the Richard B. Russell
National School Lunch
[[Page H9985]]
Act to provide grants to purchase all forms (fresh, canned,
dried, frozen, or pureed) of fruit and vegetable snacks.
(Section 4204)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(47) Review and revision of certain nutrition regulations
The House bill requires the Secretary to review certain
nutrition final regulations published by the Department of
Agriculture, and revise and finalize new regulations that are
based on research specific to school-age children, do not
have additional costs beyond reimbursements required by
current law, and maintain healthy meals for students.
(Section 4205)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(48) Study of marketplace fraud of traditional foods and
tribal seeds
The Senate amendment requires the Comptroller General of
the United States to conduct a study on the impact of
fraudulent foods that mimic traditional foods or Tribal seeds
that are available in the commercial marketplace. (Section
12518)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(49) Food donation standards
The Senate amendment amends the Emergency Food Assistance
Act of 1983 to require the Secretary to issue guidance to
promote awareness of food donations protected under section
22(c) of the Child Nutrition Act of 1966. (Section 12615)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 4104)
The Managers expect the Secretary to provide guidance and
stakeholder outreach to increase donations of unused food
from retail food stores, restaurants, caterers, and
foodservice facilities who may need additional guidance
regarding the types of foods that may be donated and covered
under liability protections provided under the Bill Emerson
Good Samaritan Food Donation Act.
(50) Micro-grants for food security
The Senate amendment amends the Food, Conservation, and
Energy Act of 2008 to require the Secretary to distribute
funds to Alaska, Hawaii, American Samoa, Northern Mariana
Islands, Puerto Rico, Micronesia, Guam, Marshall Islands,
Palau, and U.S. Virgin Islands for the purpose of providing
subgrants to eligible entities to promote small-scale
gardening, herding, and livestock operations. (Section 12616)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment making technical changes. (Section 4206)
The Managers intend for this program to operate as a
funding-match program, but provide discretion on the level of
matching to the Secretary for eligible entities who may not
be financially capable of providing such matching
requirements.
(51) Buy American requirements
The Senate Amendment requires the Secretary to enforce
compliance of the Buy American provisions applicable to
domestic food assistance programs administered by FNS,
including for the purchase of fish or fish products. (Section
12622)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment specifying that the Secretary shall enforce full
compliance with the requirements of section 12(n) of the
Richard B. Russell National School Lunch Act for purchases of
agricultural commodities including fish, meats, vegetables,
and fruits, and the products thereof, and making technical
changes. (Section 4207)
The Managers encourage USDA to ensure State agencies and
school food authorities are fully aware of their respective
responsibilities to enforce Buy American requirements in
accordance with section 12(n) of the Richard B. Russell
National School Lunch Act, 42 U.S.C. 1760(n), and to submit
to Congress a report that demonstrates the actions the
Secretary has taken to increase awareness of and compliance
with Buy American requirements.
Title V--Credit
(1) Modification of the 3-Year Experience Requirement for
Purposes of Eligibility for Farm Ownership Loans
The House bill amends section 302(b) of the Consolidated
Farm and Rural Development Act to authorize the reduction of
the 3-year experience requirement for qualified beginning
farmers or ranchers to: (1) 2 years if the farmer has certain
educational, management, or mentor-based experience, or was
honorably discharged from the armed forces of the United
States; (2) 1 year if the farmer or rancher has military
leadership or management experience from having completed an
acceptable military leadership course; and (3) waive the
requirement with certain combinations of experiences in items
(1) and (2). (Section 5101)
The Senate amendment amends section 302(b) to authorize the
Secretary to: (1) reduce the 3-year experience requirement to
2 years or less if the farmer or rancher has certain farm
labor or mentor-based experience; and (2) waive the
requirement if the farmer or rancher has 1 year of management
responsibilities as a hired farm laborer and has a mentor
relationship with a farmer in an approved program. (Section
5101)
The Conference substitute adopts the House provision with
an amendment. The conference substitute amends section 302(b)
to provide the Secretary of Agriculture with authority to
reduce the 3-year experience requirement for qualified
beginning farmers or ranchers to 1 or 2 years if the farmer
or rancher has met specified education, business, management,
loan repayment, or experience requirements; or to waive the
3-year requirement altogether if the farmer or rancher has at
least 1 year of experience as hired farm labor with
substantial management responsibilities and a specified
established mentee relationship. (Section 5101)
(2) Conservation Loan and Loan Guarantee
The House bill amends section 304(h) of the Consolidated
Farm and Rural Development Act to: (1) extend the
authorization of appropriations for the program to 2023; and
(2) reduce the authorization level from $150,000,000 to
$75,000,000. (Section 5102)
The Senate amendment amends section 304(h) to extend the
authorization of appropriations to 2023. (Section 5102)
The Conference substitute adopts the Senate provision.
(Section 5102)
(3) Farm Ownership Loan Limits
The House bill amends section 305(a) of the Consolidated
Farm and Rural Development Act to: (1) increase the
indebtedness limit for guaranteed ownership loans from
$700,000 to $1,750,000; and (2) change the baseline date for
the inflation adjuster from 2000 to 2019. (Section 5103)
The Senate amendment amends section 305 to increase the
indebtedness limit for: (1) direct ownership loans from
$300,000 to $600,000 for FYs 2019 through 2023; and (2)
guaranteed ownership loans from $700,000 to $1,750,000 for
FYs 2019 through 2023. The Senate amendment bill also strikes
the increase in the guaranteed ownership loan limit based on
an inflation adjuster. (Section 5103)
The Conference substitute adopts the Senate provision with
an amendment to continue and clarify the application of the
inflation adjuster. (Section 5103)
(4) Limitations on Amounts of Operating Loans
The House bill amends section 313(a)(1) of the Consolidated
Farm and Rural Development Act to increase the indebtedness
limit for guaranteed operating loans from $700,000 to
$1,750,000 and to change the baseline date for the inflation
adjuster from 2000 to 2019. (Section 5201)
The Senate amendment amends section 313(a)(1) to increase
the indebtedness limit for direct operating loans from
$300,000 to $400,000 for FYs 2019 through 2023 and for
guaranteed operating loans from $700,000 to $1,750,000 for
FYs 2010 through 2023. The Senate amendment strikes the
increase in the guaranteed operating loan limit based on an
inflation adjuster. (Section 5201)
The Conference substitute adopts the Senate provision with
an amendment to continue and clarify the application of the
inflation adjuster. (Section 5201)
(5) Microloans; Limitations
The House bill amends section 313(c)(2) of the Consolidated
Farm and Rural Development Act to strike the reference to
``title'' and insert ``subsection'', thus limiting the total
principal microloan indebtedness outstanding to any 1
borrower to $50,000, only for the purposes of section 313(c).
(Section 5202)
The Senate amendment has no comparable provision.
The Conference substitute adopts the House provision.
(Section 5202)
(6) Microloans; Cooperative Pilot
The Senate amendment amends section 313(c)(4)A) of the
Consolidated Farm and Rural Development Act to extend the
microloan cooperative lending pilot project until 2023.
(Section 5202)
The House bill has no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5203)
(7) Loans to purchasers of Land with Undivided Interest and
No Administrative Authority
The Senate amendment extends the authorization of the pilot
in section 333B of the Consolidated Farm and Rural
Development Act pilot for one additional year (through
FY2024). The amendment enacts a new section 333E authorizing
the Secretary to conduct pilot projects under the real
estate, operating, emergency, and rural development
authorities of the Consolidated Farm and Rural Development
Act that may improve the efficiency and effectiveness of
those programs. It also enacts a new section 3101 that
authorized the Secretary to make or guarantee loans to
cooperatives, credit unions and nonprofit organizations to
relend to individuals and entities to assist heirs with
undivided ownership interests to resolve ownership and
succession on farmland that has multiple owners. Furthermore,
it establishes loan terms and conditions, and preferences for
certain eligible entities. (Section 12624)
The House bill has no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment. The substitute amends the Consolidated Farm and
Rural Development Act by adding a new section 3101 that
authorizes the Secretary to make loans to cooperatives,
credit unions
[[Page H9986]]
and nonprofit organizations to relend for projects that
assist heirs with undivided ownership interests to resolve
ownership and succession on farmland that has multiple
owners. The substitute establishes loan terms and conditions,
preferences for certain eligible entities, and requires a
report to Congress describing the operation and outcomes of
the program and providing recommendations on how to
strengthen the program. The substitute authorizes
appropriations of $10 million annually for each of fiscal
years 2019 through 2023. (Section 5104)
The Managers encourage USDA to conduct pilot projects of
limited scope and duration consistent with subtitles A, B, C
and D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) to evaluate processes and techniques
that may improve the efficiency and effectiveness of the
programs carried out under these subtitles. It is the intent
of the Managers that the Department consult with stakeholder
groups when determining regulations and procedures to define
entities eligible for loans provided under section 5104 of
this Act.
(8) Loan Authorization Levels
The House bill amends section 346(b)(1) of the Consolidated
Farm and Rural Development Act to extend the authorization
for subtitle A (ownership) and B (operating) Farm Loan
Program loans through 2023. (Section 5302)
The Senate amendment amends section 346(b)(1) by increasing
the overall loan authorization level for subtitles A and B
Farm Loan Program loans from $4.226 billion to $12 billion
for each of FYs 2019 through 2023. The provision also
increases the specific loan limits for direct loans from $1.2
billion to $4 billion, with $2 billion for farm ownership
loans and $2 billion for farm operating loans. The provision
also increases the specific loan limitations for guaranteed
loans from $3.026 billion to $8 billion, with $4 billion for
farm ownership loan guarantees and $4 billion for farm
operating loan guarantees. (Section 5302)
The Conference substitute adopts the Senate amendment with
an amendment to increase the overall loan authorization level
for subtitles A and B Farm Loan Program loans from $4.226
billion to $10 billion for each of FYs 2019 through 2023; to
increase the specific loan limits for direct loans from $1.2
billion to $3 billion, with $1.5 billion for farm ownership
loans and $1.5 billion for farm operating loans; and to
increase the specific loan limitations for guaranteed loans
from $3.026 billion to $7 billion, with $3.5 billion for farm
ownership loan guarantees and $3.5 billion for farm operating
loan guarantees. (Section 5302)
(9) Use of Additional Funds for Direct Operating Microloans
Under Certain Conditions
The Senate Amendment amends section 346(b) of the
Consolidated Farm and Rural Development Act to add a new
paragraph (5) requiring the Secretary to make available up to
$5 million in Commodity Credit Corporation (CCC) funds for
farm operating microloans if the Secretary determines the
amount of funds otherwise available for operating loans for
the fiscal year is insufficient. The Secretary must notify
Congress not later than 15 days before using this
authority. (Section 12617)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to strike the provision of mandatory funding and
to authorize appropriations of $5 million each year to carry
out new section 346(b)(5). (Section 5304)
(10) Equitable Relief
The Senate amendment amends the Consolidated Farm and Rural
Development Act by adding a new section 366 that authorizes
the Secretary to provide equitable relief to farm loan
program borrowers based on good faith actions of a borrower
who relied on the actions or advice of an authorized
representative of the Secretary. The amendment provides that
administrative determinations are final and not subject to
administrative appeal or judicial review. (Section 5304)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5305)
(11) Socially Disadvantaged Farmers and Ranchers; Qualified
Beginning Farmers and Ranchers
The Senate amendment amends the Consolidated Farm and Rural
Development Act by adding a new section 367 that requires the
Secretary to waive the guarantee fee of 1.5% and provide a
95% guarantee for guaranteed loans to a socially
disadvantaged farmer or rancher or a qualified beginning
farmer or rancher. (Section 5305)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to authorize the Secretary to provide a 95%
guarantee for guaranteed loans to a socially disadvantaged
farmer or rancher or a qualified beginning farmer or rancher.
(Section 5306)
(12) Emergency Loan Eligibility
The Senate amendment amends section 373(b)(2)(B) to exempt
write-downs and restructurings under section 353 from what is
considered ``debt forgiveness'' for the purposes of applying
the debt forgiveness loan eligibility limitations. (Section
5306)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5307)
(13) Technical Corrections
The House bill includes a series of technical corrections
to correct errors to provisions in sections 310E(d)(3),
321(a), 331D(e), 333A(f)(1)(A), 339(d)(3), 343(a)(11)(C),
343(b), and 346(a) of the Consolidated Farm and Rural
Development Act. (Section 5401)
The Senate amendment contains no comparable provisions.
The Conference substitute adopts the House provision with
an amendment to exclude the amendment to paragraph (3) of
section 310E(d) as this paragraph is substantively amended in
section 12306, obviating the need for this correction.
(Section 5401)
(14) State Agricultural Mediation Programs
The House bill amends section 506 of the Agricultural
Credit Act of 1987 to extend the authorization of
appropriations for the State Mediation Programs through 2023.
(Section 5601)
The Senate amendment amends section 506 to extend the
authorization of appropriations to 2023. The Senate amendment
also amends Section 501 of the Agricultural Credit Act of
1987 to: (1) eliminate the requirement that issues that may
be mediated be tied to the jurisdiction of USDA; (2) include
issues under the national organics program (Organic Foods
Production Act of 1990), land & equipment lease issues,
family farm transition issues, and farmer-neighbor disputes;
(3) authorize the use of Program funds for credit counseling
either prior to any mediation involving USDA or for issues
unrelated to any dispute or mediation involving USDA; (4)
expand the participants in mediation to include other parties
to issues addressed in the mediation; and (5) ensure USDA
receives adequate notice of issues in mediation. The Senate
Amendment amends section 505 to require a report to Congress
from the Secretary regarding State mediation programs within
2 years. (Section 5401)
The Conference substitute adopts the Senate provision with
an amendment to clarify that the list of persons eligible for
mediation is expanded to include any other persons involved
in an issue for which mediation services are provided by a
mediation program described under section 501(c)(1)(B) of the
Agricultural Credit Act of 1987. (Section 5402)
The Conference substitute allow state mediation programs to
cover additional agriculture mediation services, including:
organic disputes, land and equipment lease issues, family
farm transition, farmer to neighbor disputes and provides
credit counseling, through State mediation programs. The
Managers recognize the importance of agriculture mediation
services provided to farmers and support these efforts to
mitigate potential financial and legal disputes.
(15) Socially Disadvantaged Farmers and Ranchers
The Senate amendment amends section 4.19 of the Farm Credit
Act of 1971 by adding socially disadvantaged farmers and
ranchers to the Farm Credit System's Young, Beginning, and
Small Farmers Program, and makes a conforming amendment to
section 5.17. (Section 5402)
The House bill contains no comparable provisions.
The Conference substitute requires the Comptroller General
of the United States to conduct a study to assess the credit
and related services provided by agricultural credit
providers to socially disadvantaged farmers and ranchers;
review the overall participation of socially disadvantaged
farmers and ranchers in such services; and identify barriers
that limit the availability of agricultural credit to
socially disadvantaged farmers and ranchers. The Conference
substitute also requires the Comptroller General to provide
recommendations on how agricultural credit providers may
improve outreach to socially disadvantaged farmers and
ranchers relating to the availability of credit and related
services. The Comptroller General must report to Congress
within 120 days on the findings and recommendations of the
study. (Section 5416)
(16) Quarters and Facilities for the Farm Credit
Administration
The House bill amends section 5.16 of the Farm Credit Act
of 1971 to require the headquarters of the Farm Credit
Administration to be the Washington DC metro area. (Section
5503)
The Senate amendment amends section 5.16 of the Farm Credit
Act of 1971 to the same effect. (Section 5407(28))
The Conference substitute adopts the House provision.
(Section 5405)
(17) Removal and Prohibition Authority; Industry-Wide
Prohibition
The Senate amendment adds section 5.29A to the Farm Credit
Act of 1971 to require that a person removed or suspended at
a Farm Credit System Institution, or prohibited from serving
at a System institution for a period of time, shall not serve
at FCA or any other Federal financial regulator or the
institutions that they regulate, with limited exception
authority. (Section 5404)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5406)
(18) Expansion of Acreage Exception to Loan Amount
Limitations
The House bill amends section 8.8(c)(2) of the Farm Credit
Act of 1971 to increase the acreage exception to the loan
amount limitation under section 8.8(c)(1) from 1,000 to 2,000
acres. The effective date of this provision is one year after
the submission to the
[[Page H9987]]
Committees on Agriculture of the Congress of the study
required to be conducted by the Farm Credit Administration
pursuant to section 5602 of the House bill. (Section 5507)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with a
conforming amendment to reflect the updated section number of
the study required under Section 5414 of the conference
substitute. (Section 5410)
(19) Compensation of Bank Directors
The House bill repeals section 4.21 of the Farm Credit Act
of 1971 placing a below market limitation on compensation of
System Bank directors. (Section 5508)
The Senate amendment contains no comparable provisions.
The Conference substitute adopts the House provision.
(Section 5403)
The Managers intent for repealing section 4.21 of the Farm
Credit Act of 1971 is to remove the statutory limitation on
the compensation of the members of the boards of directors of
Farm Credit System Banks. However, it is not the intent of
the Managers to prevent the Farm Credit Administration
(FCA) from examining, and taking actions regarding, the
reasonableness of the compensation of directors of Farm
Credit System Banks in carrying out FCA's obligations to
regulate and supervise Farm Credit System Banks.
(20) Prohibition on Use of Funds
The House bill amends section 5.65 of the Farm Credit Act
of 1971 to prohibit the use of funds of the Farm Credit
System Insurance Fund or administrative funds to provide
assistance to the Federal Agricultural Mortgage Corporation.
(Section 5509) The Senate amendment contains no comparable
provision.
The Conference substitute adopts the House provision.
(Section 5409)
(21) Elimination or Repeal of Obsolete References; Technical
Corrections & Conforming Repeals
The House bill makes a number of corrections to the Farm
Credit Act of 1971 to remove references to entities that no
longer exist and authorities that have expired, and makes
conforming repeals. The House bill repeals Subtitle A of
Title VI of the 1971 Act, which established the Farm Credit
System Financial Assistance Board. (Sections 5501 & 5502)
The Senate amendment makes nearly all of the same
corrections and repeals as found in the House provisions, and
more. The Senate Amendment repeals Title VI of the 1971 Act
in its entirety, including (1) Subtitle A, which established
the Farm Credit System Financial Assistance Board; and (2)
Subtitle B, which established the Farm Credit System
Financial Assistance Corporation. (Section 5407)
The Conference substitute adopts the Senate provision with
a few minor conforming amendments to reflect amendments made
elsewhere in the bill, including the adoption of section 5503
of the House bill as described in item (16) above. (Section
5411)
(22) Corporation as Conservator or Receiver; Certain Other
Powers
The Senate amendment adds a new section 5.61C to the Farm
Credit Act of 1971 that clarifies and establishes updated
authorities for the Farm Credit System Insurance Corporation
(FCSIC) and the handling of claims in the event that FCSIC is
appointed as a conservator or receiver of a System
Institution pursuant to section 4.12 of the Act. The
amendment provides express statutory receivership and
conservatorship authorities comparable to those of other
Federal financial regulators, including the Federal Deposit
Insurance Corporation, National Credit Union Administration,
and the Federal Housing Finance Agency. The provision
clarifies FCSIC's treatment of ``qualified financial
contracts'' (including securities contracts, commodity
contracts, swap agreements, and derivatives) in its role as
receiver, and authorizes FCSIC and the Farm Credit
Administration to create a bridge bank to assist in
addressing a situation where one or more System banks are in
default or are anticipated to go into default. (Section 5408)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5412)
The Farm Credit Act of 1971 is amended by adding a new
section that clarifies and establishes statutory authorities
for the Farm Credit System Insurance Corporation and the
handling of claims in the case of the Corporation being
appointed as a conservator or receiver of a System
institution. The Managers intend for the authorities of the
Corporation to be functionally equivalent to the parallel
authorities of the Federal Deposit Insurance Corporation.
(23) Reporting
The Senate amendment requires the Secretary of Agriculture
to prepare an annual report to Congress that identifies
certain characteristics with respect to borrowers of farm
loans made and guaranteed, the borrowers' operations, and
other data, for each State and county in the United States.
It also requires that the Secretary prepare a comprehensive
review of these annual reports to Congress every 5 years.
(Section 5409)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 5413)
(24) Sense of the Senate
The Senate amendment declares that it is the Sense of the
Senate that 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. (Section 5410)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
It is the sense of the Managers that 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.
(25) Study on Loan Risk
The House bill requires the Farm Credit Administration to
conduct a study that: (1) analyzes and compares the financial
risks of Farm Credit banks, associations, and the Federal
Agricultural Mortgage Corporation, and how these risks are
required to be capitalized; and (2) assesses the feasibility
of increasing the acreage exception in section 8.8(c)(2) of
the Farm Credit Act of 1971 to 2,000 acres. The report is due
180 days after the date of enactment. (Section 5602)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 5414)
As a part of its study, the Managers are interested in the
opinion of the FCA on alternatives--other than the current
acreage limitation--to adequately address any safety and
soundness issues.
(26) GAO Report on Ability of the Farm Credit System to Meet
the Agricultural Credit Needs of Indian Tribes and Their
Members
The House bill requires the GAO to study the agricultural
credit needs of farms, ranches, and related businesses owned
or operated by Indian tribes or tribal members, and whether
the Farm Credit System has the authority and resources to
meet such needs. The report is due within 90 days after the
date of enactment. If the Comptroller General finds that the
System lacks the authority or resources to meet the stated
needs, the report shall include recommendations to meet the
needs. (Section 5603)
The Senate amendment contains no comparable provisions.
The Conference substitute adopts the House provision.
(Section 5415)
Title VI--Rural Development
(1) Prioritizing Projects to Meet Health Crises in Rural
America/Distance Learning and Telemedicine; Community
Facilities Direct Loans and Grants for Substance Use
Disorder Treatment Services; Rural Health and Safety
Education Programs
The House bill amends Title VI of the Rural Development Act
of 1972 to include a new section which provides the Secretary
with the authority to announce a renewable, one-year,
temporary reprioritization for certain USDA Rural Development
(``RD'') loan and grant applications to assist rural
communities in responding to a specific rural health
emergency. It requires the Secretary of Agriculture
(``Secretary'') to issue an announcement that specifies the
emergency, and to provide notice to the relevant
Congressional committees and the Secretary of Health and
Human services. The bill also amends Section 2333(c) of the
Food, Agriculture, Conservation, and Trade Act of 1990 to
provide that, pursuant to an announcement under subsection
(a), at least 10% of Distance Learning and Telemedicine
Programs funds are reserved for projects that address the
rural health emergency.
The House bill amends Section 306(a) of the Consolidated
Farm and Rural Development Act to provide that, pursuant to
an announcement under subsection (a), Community Facilities
Program funds may be prioritized for projects that address
the rural health emergency, including facilities that provide
prevention, treatment, and recovery services.
The House bill also amends Section 502(i) of the Rural
Development Act to provide that, pursuant to an announcement
under subsection (a), Rural Health and Safety Education
Program funds may be prioritized for projects that address
the rural health emergency. (Section 6001)
The Senate amendment amends section 2333(c) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to set aside
20% of Distance Learning and Telemedicine grant funding for
applications related to substance use disorder treatment
services.
The Senate amendment amends section 306(a) of the
Consolidated Farm and Rural Development Act to provide that
in selecting recipients of loans or grants for the
development of essential community facilities, the Secretary
shall give priority to entities to develop facilities to
provide substance use disorder (including opioids)
prevention, treatment, and recovery services; and that employ
staff trained to identify and treat individuals with
substance use disorders.
The Senate amendment amends section 502(i) of the Rural
Development Act to require the Secretary, in making grants
under the Rural Health and Safety Education Program, to give
priority to an applicant that will use the grant for
substance use disorder education, prevention, or treatment.
(Sections 6301(a), 6105, and 6303)
The Conference substitute adopts the House provision with
an amendment that prioritizes funding through the year 2025
for Community Facility, Distance Learning and
[[Page H9988]]
Telemedicine and Rural Health and Safety Education Programs
that provide substance abuse prevention, treatment, and
recovery services. The substitute also authorizes the
Secretary to make temporary prioritizations for certain Rural
Development programs on a regional or state basis for other
public health disruptions. (Section 6101)
(2) Distance Learning and Telemedicine
The House bill reauthorizes the program through FY2023; and
increases the authorization of appropriations to $82,000.000
per fiscal year. (Section 6002)
The Senate amendment reauthorizes the program through 2023.
(Section 6301(b)-(c))
The Conference substitute adopts the House provision.
(Section 6102)
(3) Supporting Agricultural Association Health Plans
The House bill establishes a new loan and grant program to
assist in the establishment of agricultural association
health plans. The House bill provides the Secretary with the
authority to make not more than 10 loans for the purposes of
establishing agricultural association health plans and
provides for the terms of such loans. The House bill provides
the Secretary with the authority to make grants for the
purposes of providing technical assistance in establishing
agricultural association health plans. The House bill
authorizes a one-time appropriation of $65 million to be
available until expended during FYs 2019 through 2022.
(Section 6004)
The Senate amendment contains no comparable provision.
The Conference substitute does not include the House
provision.
(4) Refinancing of Certain Rural Hospital Debt
The House bill authorizes assistance for a community
facility under section 306(a) for a business, non-profit or
any other entity under section 310B to include the
refinancing of a debt obligation of a rural hospital as an
eligible loan or loan guarantee purpose if the assistance
would help preserve access to health service in a rural
community and meaningfully improve the financial position of
the hospital. (Section6005)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that requires hospitals seeking refinancing to
meet USDA's financial feasibility and adequacy of security
requirements. (Section 6103)
The Managers emphasize the necessity that USDA work with
rural hospitals to improve their financial health as a part
of a refinancing agreement. The Managers also encourage USDA
to build on its current technical assistance efforts to
improve the long-term operations of rural hospitals in order
to continue providing vital services to rural communities.
(5) Requiring Loans, Guaranteed Loans, and Grants for Rural
Broadband
The House bill amends section 601(c)(1) of the Rural
Electrification Act of 1936 to require that the Secretary
``shall make loans and shall guarantee loans'' to finance
rural broadband projects. (Section 6103)
The Senate amendment amends subsections (a) and (c) of
section 601 to require that the Secretary ``shall make grants
and make or guarantee loans'' to finance rural broadband
projects and makes several conforming amendments throughout
section 601. (Section 6206(1)-(2))
The Conference substitute adopts the Senate provision with
an amendment to clarify that the Secretary is required to
make grants, make loans, and guarantee loans to finance rural
broadband projects. (Section 6201)
In implementing the Guaranteed Loan Program to help expand
broadband access in rural areas, the Managers encourage RUS
to consider development of a certified lender program that
will encourage public-private partnerships and expedite
investment into rural broadband infrastructure.
(6) Simplified Application Window
The House bill amends section 601(c)(2)(A) of the Rural
Electrification Act of 1936 to require the Secretary to
establish 1 evaluation period per year for broadband loan
program applications. (Section 6108)
The Senate amendment rewrites section 601(c)(2) in its
entirety and deletes any requirement regarding the number of
application evaluation periods each year. (Section 6206(2))
The Conference substitute adopts the Senate provision.
(Section 6201)
(7) Elimination of Requirement to Give Priority to Certain
Applicants
The House bill amends section 601(c)(2) of the Rural
Electrification Act of 1936 to strike the subparagraph (D)
priority category. (Section 6109)
The Senate amendment rewrites section 601(c)(2) in its
entirety and deletes the same subparagraph (D) priority
category. (Section 6206(2))
The Conference substitute adopts the Senate provision with
an amendment clarifying that the most unserved communities
are those without residential broadband service of at least
10 Mbps downstream transmission capacity and 1 Mbps upstream
transmission capacity. (Section 6201)
(8) Fees for Guaranteed Broadband Loans
The House bill amends section 601(c) of the Rural
Electrification Act of 1936 to require the Secretary to
collect fees on loan guarantees in amounts that when combined
with any appropriated funds equal the subsidy on such
guarantees. (Section 6203(b))
The Senate amendment is substantially similar to the House
bill. The Senate amendment amends section 601(c) to require
the Secretary to charge lenders of guaranteed loans a fee to
offset subsidy costs. (Section 6117(b))
The Conference substitute adopts the Senate provision with
an amendment to require the Secretary to charge and collect
fees from lenders in such amounts as to bring down the cost
of subsidies for guaranteed loans, but that do not act as a
bar to participation in the program. (Section 6201)
(9) Access to Broadband Telecommunications Services in Rural
Areas; Broadband Standards; Grants
The House bill amends section 601(d)(1)(A)(i) to require
broadband loan or loan guarantee applicants to demonstrate
the ability to furnish or improve service in order to meet
the new broadband service standards established under section
6101 of the House Bill in all or part of an unserved or
underserved rural area. (Section 6101(a)(1))
The Senate amendment amends section 601(d)(1)(A) to make it
applicable to grants as well as loans and loan guarantees;
conforming amendments to section 601 run throughout section
6206. (Section 6206(3)(A)(i) & (3)(C) through (G))
The Conference substitute adopts the House provision.
(Section 6201)
(10) Modification of Buildout Requirement
The House bill amends section 601(d)(1)(A)(iii) of the
Rural Electrification Act of 1936 to provide 5 years for
applicants to complete the buildout of broadband
infrastructure financed under this section. (Section 6110)
The Senate amendment is the same as the House bill, with a
conforming amendment to clarify that it applies to grants as
well as loans. (Section 6206(3)(A)(i))
The Conference substitute adopts the House provision with
technical amendments. (Section 6201)
(11) Access to Broadband Telecommunications Services in Rural
Areas; Unserved Area, Incumbent Service Providers
The Senate amendment amends section 601(d)(2)(A) of the
Rural Electrification Act of 1936 to: (1) increase from 15
percent to 90 percent the share of households in a proposed
service area that must be unserved or have service levels
below the minimum acceptable service level of fixed broadband
service, whether terrestrial or wireless; and (2) reduce from
3 to 2 the number of incumbent service providers in any part
of the proposed service area that would make the area
ineligible for financing. (Section 6206(3)(B))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment increasing from 15 percent to 90 percent the
share of households in a proposed service area that must be
unserved for broadband projects funded by grants, loan/grant
combinations, loans with subsidized interest rates, and
payment assistance loans. The amendment increases from 15
percent to 50 percent the share of households in a proposed
service area that must be unserved for broadband projects
funded by loans or loan guarantees. The amendment does not
adopt the Senate provision decreasing the number of incumbent
service providers. (Section 6201)
(12) Access to Broadband Telecommunications Services in Rural
Areas; Application Process
The Senate amendment amends section 601(d)(7) to: (1)
require the Secretary to provide feedback and decisions on
funding to an applicant of a grant, loan, or loan guarantee
in a timely manner; (2) clarify that in addition to a
determination of area eligibility prior to preparing a loan
application, a prospective applicant may also 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. (Section 6206(3)(H)-(I))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that specifies that only applicants proposing to
serve communities without residential broadband service of at
least 10 Mbps downstream transmission capacity and 1 Mbps
upstream transmission capacity are eligible for technical
assistance and training. (Section 6201)
(13) Elimination of Unnecessary Reporting Requirements
The House bill: amends section 601(d)(8)(A)(ii) to
eliminate reporting requirements with respect to: (1) the
location of residences and businesses that will receive
broadband service; and (2) changes in broadband service
adoption rates. (Section 6112)
The Senate amendment contains no comparable provisions.
The Conference substitute adopts the House provision with
an amendment creating new reporting requirements for all USDA
broadband projects. (Section 6207)
(14) Establishing Forward-Looking Broadband Standards/Access
to Broadband Telecommunications Services in Rural Areas
The House bill amends Section 601(e) of the Rural
Electrification Act of 1936 to require the Secretary to
establish broadband service standards for rural areas that
provide for: (1) speed to be at least 25 megabits per second
(Mbps) downstream transmission capacity and 3 Mbps upstream
transmission capacity;
[[Page H9989]]
and (2) projections of minimum acceptable standards of
service for 5, 10, 15, 20, and 30 years into the future. The
amendment further prohibits the Secretary from making any
loan to finance a project that the Secretary determines
cannot meet the projected minimum acceptable standard of
service at any time while the loan or loan guarantee is
outstanding. The amendment allows the Secretary and the
applicant to agree to substitute standards if the standards
are cost-prohibitive to meet.
The House bill also provides that, to the extent possible,
the loan terms and conditions require for the lifetime of the
loan that the project will be capable of meeting either the
minimum standard currently in effect or the projected
standard in place at the time the loan was agreed to.
(Section 6101(a)(2)-(3))
The Senate amendment amends Section 601(e) of the Rural
Electrification Act of 1936 to codify USDA's current
definition of minimum acceptable broadband service of 25 Mbps
downstream transmission capacity and 3Mbps upstream
transmission capacity. (Section 6206(4))
The Conference substitute adopts the House provision with
an amendment modifying the broadband buildout requirements
that the Secretary shall establish for projects with
agreement lengths of 5 to 10 years, 11 to 15 years, 16 to 20
years, and more than 20 years. (Section 6201)
The Managers are acutely aware of the challenges created by
the ever-increasing bandwidth needs of applications running
over the Internet. These bandwidth needs mean that the
expectation for ``broadband-quality service'' in urban,
suburban, and rural communities increases over time. While
protecting project areas provided assistance from a competing
USDA-assisted project is essential for program integrity,
such protections can result in a lack of further investment
in rural broadband systems and rural residents receiving
levels of service which degrade relative to expectations over
time.
In establishing the broadband buildout speeds, the Managers
intend the Secretary establish requirements for applicants to
build systems capable of providing higher quality broadband
service as the term of assistance lengthens, to help to
ensure that USDA-financed broadband systems are able to meet
the connectivity needs of rural residents for the entirety of
the length of time such system is protected from overbuilding
under USDA's broadband programs.
(15) Improving Access by Providing Certainty to Broadband
Borrowers
The House bill amends title II of the Rural Electrification
Act of 1936 to permit the Secretary to obligate, but not
disperse, funds under section 601 to approved applications
while conditioning the disbursement of funds on the
successful completion of environmental, historic, or other
reviews. Further, it permits the Secretary to de-obligate
funds if the reviews cannot be completed in a reasonable
amount of time.
The House bill amends section 601(d) of the Rural
Electrification Act of 1936 to permit the Secretary to
obligate, but not disperse, funds under section 601 to
approved applications while conditioning the disbursement of
funds on the successful completion of environmental,
historic, or other reviews. Further, it permits the Secretary
to de- obligate funds if the reviews cannot be completed in a
reasonable amount of time. (Section 6107)
The Senate amendment amends section 601 of the Rural
Electrification Act of 1936 to authorize the Secretary to
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.
The Senate Amendment also amends section 601 of the Rural
Electrification Act of 1936 to require, as a condition of
receiving a grant, loan, or loan guarantee, a recipient of
assistance to provide to the Secretary complete, reliable,
and precise geolocation 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 at specified times. (Section 6206(8))
The Conference substitute adopts the Senate provision with
an amendment that moves the language dealing with geolocation
data to the new section requiring public notice, assessments,
and reporting. (Sections 6207 and 6208)
(16) Improving Borrower Refinancing Options/Refinancing of
Broadband
The House bill amends section 601(i) of the Rural
Electrification Act of 1936 to permit the Broadband Loan
Program to refinance telecommunications loans other than
those made under the Act. (Section 6111(b))
The Senate amendment amends section 601(i) of the rural
Electrification Act of 1936 to provide RUS the authority to
refinance telephone and broadband loans other than those made
under the Act. (Section 6209(b))
The Conference substitute adopts the Senate provision as a
new section 703 of the Rural Electrification Act of 1936.
(Section 6209)
(17) Unified Broadband Reporting Requirements
The House bill amends section 601(j) and (k)(2) of the
Rural Electrification Act of 1936 to require the Secretary to
submit a single report to Congress describing all the
broadband financing activities administered by the Secretary
including the loans, loan guarantees, and grants applied for
and provided under the programs. (Section 6106)
The Senate amendment amends section 601(j) of the Rural
Electrification Act of 1936 to add grants to the reporting
requirements (Section 6206(6))
The Conference substitute adopts the House provision
(Section 6207).
In adopting a substitute amendment, the Managers have
established a single process for reporting across multiple
USDA broadband programs. The amendment will ensure that
applicants will be reporting similar, comparable data to the
Secretary. The amendment similarly requires the Secretary to
combine that data into a single report to Congress which
covers the entirety of the Department's broadband assistance
activities.
In addition, the substitute amendment combines in a single
section these reporting requirements with the amended notice
and assessment requirements. The Managers recognize that
these two processes--one pre-application and one post-
application--are interrelated and each are essential to
promoting program integrity. The Managers intend for the
Secretary to establish requirements which are complementary,
wherever possible, both to facilitate implementation and to
ease compliance for applicants and existing providers.
Finally, the Managers recognize the importance of oversight
and integrity within the broadband programs, as well as the
significant work entailed in verifying the eligibility of
unserved communities. To that end, the Conference report
provides significant resources to the Secretary to carry out
oversight of the broadband programs. These funds shall be
utilized without distinction to provide oversight across all
of the broadband programs that the Secretary administers.
(18) Access to Broadband Telecommunications Services in Rural
Areas
The House bill amends section 601(k) of the Rural
Electrification Act of 1936 by increasing the authorization
of appropriations to $150 million for each of fiscal years
2019 through 2023 and reauthorizing the program through
fiscal year 2023.
The House bill also amends section 601(l) of the Rural
Electrification Act of 1936 to extend the termination of
authority to make loans and loan guarantees until September
30, 2023. (Section 6113)
The Senate amendment amends section 601(m) of the Rural
Electrification Act of 1936 (as redesignated) to: (1)
increase the authorization of appropriations to $150,000,000
for each of the fiscal years 2019 through 2023 and
reauthorizing the program through fiscal year 2023 (same as
the House Bill); and (2) require the Secretary, from amounts
made available each fiscal year, to set aside at least 1
percent to be used for conducting oversight and implementing
accountability measures.
The Senate amendment also amends section 601(n) of the
Rural Electrification Act of 1936 as redesignated) to extend
the termination of authority to make grants, loans, and loan
guarantees until September 30, 2023. (Section 6206(9)-(10))
The Conference substitute provides an amendment increasing
the authorization of appropriations to $350 million for each
of fiscal years 2019 through 2023 and sets aside between 3
and 5 percent of program level amounts for conducting
oversight and implementing accountability measures for the
Farm Bill Broadband Program and Community Connect projects.
(Sections 6201 and 6207)
(19) Middle Mile Broadband Infrastructure
The House bill amends section 601 of the Rural
Electrification Act of 1936 to authorize loans to eligible
entities for the development of ``middle-mile'' broadband
infrastructure, defined as infrastructure that does not
directly connect to end user locations, including interoffice
transport, backhaul, Internet connectivity, data centers, or
special access transport to rural areas. Loans and loan
guarantees for middle-mile infrastructure are limited to no
more than 20% of the amounts made available under section
601. (Section 6114)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to amend section 602 of the Rural
Electrification Act of 1936 to require the Secretary to
use grant funding as well as loans and loan guarantees to
provide funds for the construction, improvement, or
acquisition of middle-mile infrastructure to serve rural
areas, and to require that at least 75 percent of the
interconnection points of a project serve eligible rural
areas. The amendment also authorizes appropriations of $10
million for each of fiscal years 2019 through 2023.
(Section 6202)
(20) Establishing Forward-Looking Broadband Standards: Report
to Congress
The House bill requires the Administrator of the Rural
Utilities Service, within 12 months after the date of the
enactment, to submit to the House and Senate Agriculture
Committees a report on the effectiveness of RUS loan and loan
guarantee programs at expanding broadband to rural areas,
including administrative and legislative options for
incentivizing private investment. (Section 6101(b))
[[Page H9990]]
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(21) Smart Utility Authority/Single Application for Broadband
The House bill amends section 331 of the Consolidated Farm
and Rural Development Act to allow a recipient of certain
grants, loans, or loan guarantees to use not more than 10
percent of the amount for rural broadband infrastructure
projects, including both retail and non-retail activities,
except for a recipient who is seeking to provide retail
broadband service in any area where retail broadband service
is available at the minimum broadband speeds.
The House bill also amends Title I of the Rural
Electrification Act of 1936 to allow a recipient of certain
grants, loans or loan guarantees to set aside not more than
10 percent of the amount for retail broadband service, for
use only in an area that is not being provided with the
minimum acceptable level of broadband service. (Section 6104)
The Senate amendment amends section 331 of the Consolidated
Farm and Rural Development Act to allow for no more than 10%
of any Rural Development grant, loan, or loan guarantee to be
used to fund broadband facilities and service, provided that
the funding will not result in competitive harm to any
existing grant, loan, or loan guarantee. (Section 6116)
The Conference substitute adopts the House provision with
an amendment requiring that the funding not result in
competitive harm to any existing grant, loan, or loan
guarantee under the Rural Electrification Act of 1936, under
certain circumstances. (Section 6210)
The Managers intend that USDA not authorize funding for the
construction of any retail broadband project that would
result in competitive harm to any USDA grant, loan, or loan
guarantee.
(22) Modifications to the Rural Gigabit Program
The House bill amends section 603 of the Rural
Electrification Act of 1936 to amend the Rural Gigabit
Network Pilot Program and replace it with the Innovative
Broadband Advancement Program to provide grants, loans or
both to eligible entities for the purpose of demonstrating
innovative broadband technologies or methods of broadband
technologies or methods of broadband deployment that
significantly reduce the cost of broadband deployment and
substantially increase broadband service to not less than the
20-year broadband speed established by the Rural Utilities
Service (Section 6105)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment requiring projects to provide broadband speeds
of at least the maximum broadband buildout requirements
established under section 601(e)(4) of the Rural
Electrification Act of 1936, as amended. (Section 6203)
(23) Incentives for Hard to Reach Communities
The House bill amends Title VI of the Rural Electrification
Act of 1936 to add a new section 604 of the Rural
Electrification Act to create a grant program for borrowers
under Title I, II, or VI of the Rural Electrification Act who
are financing rural broadband projects that provide retail
service.
The House bill also establishes a method for calculating
service points per road mile as a density measure. Eligible
applicants are those areas with a density of 12 or fewer
homes, businesses, or institutions per mile of road in a
proposed service area. The bill also authorizes
appropriations of $350 million for each of fiscal years 2019
through 2023. (Section 6102)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to apply the new density requirements to grants
authorized under Section 6201 and modifies the number of
persons per square mile when determining what percent of a
project's development costs may be funded using grant money.
The substitute does not adopt the House provision's
authorization of appropriations. (Section 6201)
The Conference report includes significant new authority
for the Secretary to provide grants to applicants to extend
broadband service deeper into rural communities. The Managers
are mindful of past broadband grant programs which have
occasionally resulted in grants to providers who fail to meet
their obligations under their grant agreements. The Managers
recognize the work that the Department has undertaken in an
attempt to recover taxpayer dollars in those instances and to
continue to improve the ability for the department to hold
grantees accountable for the entirety of their obligations.
To further this work, the Managers intend that any agreements
the Secretary executes with grant applicants include terms
which:
1. Require that the project meet all statutory and
regulatory service requirements agreed to as part of the
application process, including the broadband buildout
requirements, if applicable;
2. Require the repayment of the grant if the project is
sold or transferred without agency approval during the term
of the grant; and
3. Provide the government a first lien on the grant assets
during the term of the grant and thereafter comply with the
applicable federal regulations under the Uniform
Administrative Requirements, Cost Principles, And Audit
Requirements For Federal Awards, codified in 2 C.F.R. 200.
(24) Community Connect Program
The Senate amendment amends title VI of the Rural
Electrification Act of 1936 to codify the existing Community
Connect Program, while authorizing the program at $50,000,000
for each of fiscal years 2019 through 2023. (Section 6207)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6204)
(25) Outdated Broadband Systems
The House bill adds a new section 605 to the Rural
Electrification Act of 1936 to provide that beginning October
1, 2020, the Secretary shall consider as unserved for the
purposes of all broadband loan programs under this Act any
portion of a service territory subject to an outstanding
grant agreement with a broadband provider if the broadband
service provided is not at least 10 megabits per second
download and at least 1 megabit per second upload, unless the
broadband provider has constructed or begun to construct
broadband facilities in the service territory that meet the
minimum acceptable standard of service established under
section 601(e)(1). (Section 6115)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision as a
new section 604 of the Rural Electrification Act of 1936.
(Section 6204)
(26) Refinancing of Broadband and Telephone Loans
The House bill amends section 201 of the Rural
Electrification Act of 1936 to clarify that the Secretary,
through the RUS telephone loan program, may refinance
broadband loans made under section 601 of the Act. (Section
6111(a))
The Senate amendment amends Section 201 of the Rural
Electrification Act of 1936 to clarify that the Secretary,
through the RUS telephone loan program, may refinance loans
of persons furnishing telephone service in rural areas,
including indebtedness of recipients on another
telecommunications loan made under the Act.
The Senate amendment also strikes the current law
limitation that the refinancing may not constitute more than
40% of a loan made under Title II of the Act. (Section
6209(a))
The Conference substitute adopts the Senate provision.
(Section 6211)
The Managers intend for Section 6211, refinancing of loans,
that an existing loan may be refinanced using the
Substantially Underserved Trust Area program when it is
determined to be appropriate. The recipients of these loans
are serving the most difficult, and highest cost areas of the
country, and allowing for the refinancing of higher interest
loans will provide the ability for these telecommunications
carriers to continue to build high-speed broadband networks.
The Managers expect that the new refinancing authority
gives the Department the ability to issue a new loan with new
terms with the proceeds being used to repay or pre- pay an
existing loan. These transactions should be not be considered
loan modifications.
Within 90 days of enactment, USDA should publish a notice
detailing implementation of the re-financing provisions in
Section 6211.
(27) Federal Broadband Program Coordination
The House bill directs the Secretary of Agriculture to
coordinate with the Assistant Secretary of the National
Telecommunications and Information Administration for
assessment and mapping capabilities. The Secretary will
consult with the Federal Communications Commission (FCC)
before making a broadband loan or grant for a project to
serve an area in which another entity is receiving Connect
America Fund or Mobility Fund support under the federal
universal service support mechanism. The Chairman of the FCC
shall consult with the Secretary before providing support in
an area where an entity has received assistance from USDA.
The Secretary, FCC, and the Assistant Secretary shall submit
a report to the Congressional committees assessing its
abilities to meet various objectives regarding long-term
broadband service needs of rural residents. (Section 6116)
The Senate amendment amends section 601(d)(1) of the Rural
Electrification Act of 1936 to require the Secretary to
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. (Section 6206(3)(A)(ii))
The Conference substitute adopts the House provision.
(Section 6212)
(28) Effective Date
The House bill provides that amendments made by subtitle B
of the House Bill shall not take effect until the Secretary
of Agriculture has issued final regulations to implement the
amendments.
The House bill also requires that within 90 days of the
enactment the Secretary shall prescribe final regulations to
implement the amendments made by sections 6101 (broadband
standards) and 6102 (incentives for hard to reach
communities). (Section 6117)
The Senate Amendment contains no comparable provision.
[[Page H9991]]
The Conference substitute adopts the House provision with
an amendment giving the Secretary one year to issue a final
rule implementing the amendments made to Section 601 of the
Rural Electrification Act of 1936. (Section 6213)
(29) Strategic Economic and Community Development
The House bill amends section 379H in its entirety to
require the Secretary to: (1) give priority to applications
for programs that support implementation of a strategic
community investment plan; (2) reserve a portion of funds for
projects that support the implementation of a strategic
community investment plan; and (3) set forth the requirements
for such plans. The bill requires the Secretary to provide
technical assistance to communities in developing strategic
community investment plans and authorizes appropriations of
$5 million for each of fiscal years 2018 through 2023 to
provide the technical assistance. (Section 6201)
The Senate amendment amends section 379H in its entirety to
require the Secretary to: (1) give priority to applications
for programs that support implementation of a strategic
community investment plan; (2) reserve not more than 10
percent of funds for projects that support the implementation
of a strategic community investment plan; and (3) set forth
the requirements for such plans. The amendment also requires
the Secretary to provide technical assistance to communities
in developing strategic community investment plans and
authorizes appropriations of $5 million for each of fiscal
years 2019 through 2023 to provide the technical assistance.
(Section 6123)
The Conference substitute adopts the Senate provision with
an amendment increasing the reserve to not more than 15
percent of funds for projects. (Section 6401)
(30) Expanding Access to Credit for Rural Communities
The House bill amends the definition of ``rural and ``rural
area'' under section 343(a)(13) of the Consolidated Farm and
Rural Development Act to provide that a city or town that has
a population of up to 50,000 inhabitants is eligible for loan
guarantees for water, wastewater, and essential community
facilities.
The bill also amends the definition of ``rural area'' in
section 601(b)(3)(A)(ii) of the Rural Electrification Act of
1936 to provide that a city or town that has a population of
up to 50,000 inhabitants is eligible for guaranteed loans in
the rural broadband program. (Section 6202)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to reserve funding for Community Facilities
applications for projects in communities with populations of
20,000 people or less, and to prioritize Water and Wastewater
Facility applications for projects in communities with
populations of 10,000 people or less. (Section 6402)
The Conference report expands the size of rural communities
eligible to seek assistance under the guaranteed lending
authorities of the Community Facilities and Water and Waste
Disposal programs. In order to meet the needs of the enlarged
class of borrowers under these programs, the Managers believe
it is important to make commensurate increases in the program
levels of these programs, where appropriate.
The Secretary should utilize the authority provided under
Section 6418 to charge fees to lenders to reduce the subsidy
cost of operating these programs in order to provide
additional assistance to rural communities at a reduced cost
to the taxpayer. The Managers encourage the Secretary to work
closely with rural communities, rural lenders, and the
relevant committees in Congress as the Department utilizes
the new guaranteed lending authorities provided in this bill.
In addition, as the volume of lending increases under the
guaranteed lending programs, the Managers recognize the need
for the Department to streamline the approval process. The
Managers encourage the Secretary to find ways to make
application reviews more efficient and more standardized. In
addition to technology, process, and regionalization
improvements that can be made, the Managers also believe that
utilizing the authorities of Sec 364 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) to develop
certified lender programs will encourage public-private
partnerships and expedite investment into rural
infrastructure.
(31) Guaranteed Loan Fees
The House bill amends section 333 of the Consolidated Farm
and Rural Development Act to require the Secretary to collect
fees on insured or guaranteed loans in amounts that when
combined with any appropriated funds equal the subsidy on
such loans. (Section 6203(a))
The Senate amendment amends section 333 of the Consolidated
Farm and Rural Development Act to require the Secretary to
charge lenders of guaranteed loans a fee to offset subsidy
costs. (Section 6117(a))
The Conference substitute adopts the House provision with
an amendment to provide that the Secretary charge and collect
from the lender fees in such amounts as to bring down the
costs of subsidies for the insured or guaranteed loan, except
that the fees shall not act as a bar to participation in the
programs nor be inconsistent with current practices in the
marketplace. (Section 6418)
Guaranteed lending programs are important to meeting credit
needs of rural borrowers who are unable to qualify for
conventional credit. The Managers believe a modest increase
in fees in the Community Facilities and Water and Waste
Disposal programs can achieve a zero-subsidy rate and
potentially minimize or eliminate the need for future
appropriations while increasing the volume of loans extended
to rural communities. However, the Managers are also mindful
that guaranteed lending under these programs serves a public
policy purpose and encourages the Secretary to work with the
Committees on Appropriations to establish a fee structure,
annual appropriations amount, and program level appropriate
to achieve that purpose.
To assist in determining the appropriate fee structure and
to examine the potential to reduce subsidy rates under other
guaranteed lending programs, the Managers direct the
Secretary to conduct a study of several guaranteed lending
programs to clarify the extent of necessary fee increases;
the impact on loan volume; whether fee increases could be
structured to minimize impact on smaller lenders and
borrowers; and how to better enhance credit terms for future
borrowers, lenders and secondary market participants. In
conducting the study, the Secretary shall consult with a
range of stakeholders utilizing each program from across the
rural lending community, including: rural community leaders,
borrowers, rural banking institutions, rural credit unions,
Farm Credit institutions, secondary market participants, and
other interested stakeholders.
No later than September 30, 2019, 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 analyzing guaranteed
lending under the Community Facilities, Water and Waste
Disposal, Broadband Access, Business and Industry, and Rural
Energy for America programs to determine:
1. The level to which the origination fee and annual
renewal fees would need to be raised in order to:
a. achieve a zero-subsidy level
b. reduce the subsidy rate to a level which will not act as
a bar to participation in the programs nor be inconsistent
with current practices in the marketplace;
2. The projected loan volume and the projected
appropriations amount necessary to support that program level
for each program under the fee structures described in 1.
3. Whether such fees would prevent participation by smaller
lenders and borrowers.
4. Whether participation under a zero-subsidy structure
could be increased by charging higher fees for larger loans
and lower fees for smaller loans and, if so, what level of
fees and loan sizes would achieve higher participation.
5. How subsidy rates are formulated for individual
guaranteed lending programs and how to enhance subsidy rate
formulation to reflect performance of each program.
6. Differences between USDA and SBA loan processes and
whether USDA could expedite loan processing and ensure
consistency between area service centers, states and national
offices.
7. Whether a transition period is necessary to shift USDA's
guaranteed programs to a zero-subsidy structure without
diminishing existing loan volume.
8. Other actions the department could take to reduce the
subsidy cost of running guaranteed lending programs, besides
increasing fees, including a quantification of the estimated
effects of such changes.
(32) Water, Waste Disposal, and Wastewater Facility Grants
The House bill amends section 306(a)(2)(B) to increase the
maximum amount of financing an eligible entity can receive
from a revolving fund from $100,000 to $200,000. The bill
reauthorizes the program for fiscal years 2019 through 2023.
The bill also decreases the authorization of appropriations
from $30 million to $15 million per fiscal year. (Section
6204)
The Senate amendment is similar to the House bill and
reauthorizes the program through fiscal year 2023. (Section
6101)
The Conference substitute adopts the House provision.
(Section 6403)
(33) Rural Water and Wastewater Technical Assistance and
Training Programs
The House bill amends section 306(a)(14)(A) to permit the
Secretary to provide grants to entities which assist eligible
rural water systems with long term sustainability planning.
The bill also amends section 306(a)(14)(C) to increase the
set-aside of funds for technical assistance to 3 to 5 percent
of funds appropriated for rural water and waste grants under
section 306(a)(2), unless applications qualifying for grants
received by the Secretary from eligible nonprofit
organizations for the fiscal year total less than 1% of those
funds. (Section 6205)
The Senate amendment is the same as the House bill. The
amendment also amends Section 306(a)(14)(B) to add a priority
for rural water technical assistance and training to
communities affected by emerging contaminants detected in
drinking water and surface water supplies.
The Senate amendment amends section 306(a)(14)(C) to
increase the set-aside of funds for technical assistance up
to 3-to-5 percent of funds appropriated for rural water and
waste grants under section 306(a)(2), unless applications
qualifying for grants received
[[Page H9992]]
by the Secretary from eligible nonprofit organizations for
the fiscal year total less than 3% of those funds. (Section
6102)
The Conference substitute adopts the Senate provision with
an amendment to change the priority to an eligible activity
under the technical assistance program. (Section 6404)
The Managers encourage the Secretary to allow for national
applications without restrictions or award caps for funding
under the Essential Community Facilities Technical Assistance
and Training Program from qualified national non-profit
organizations for the sole purpose of providing on-site
training and technical assistance on a national or multi-
State regional basis. The Managers note there are no
restrictions on funding awards prescribed in the authorizing
statute of the program (Sec. 6006 of the Agricultural Act of
2014) (P.L. 113-79). The Managers modeled the program after
the Water and Waste Disposal Technical Assistance and
Training Program (306)(a)(14) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(14)), which does not
prescribe any caps or restrictions on funding. The Managers
intend that applications not be limited to $150,000 for
national and multi-state non-profit applications, but rather
be considered for an amount of no less than $500,000 to
provide community facilities technical assistance and
training on a national or multi-state basis.
The Managers recognize that the scientific understanding of
the wide variety of emerging contaminants, including the
broad category of substances identified as per- and
polyfluoroalkyl substances (PFAS), is continuing to develop
and not yet mature. The Department and technical assistance
providers should utilize the best available science and rely
on the determinations produced by the Environmental
Protection Agency when advising eligible water systems about
emerging contaminants under this section.
(34) Rural Water and Wastewater Circuit Rider Program
The House bill amends section 306(a)(22)(B) to increase the
authorization of appropriations to $25 million for FY2018 and
each FY thereafter. (Section 6206)
The Senate bill amends section 306(a)(22)(B) to increase
the authorization of appropriations to $25 million for each
of fiscal years 2019 through 2023. (Section 6103)
The Conference substitute adopts the Senate provision.
(Section 6405)
(35) Tribal college and University Essential Community
Facilities
The House bill amends section 306(a)(25)(C) to decrease the
authorization of appropriations to $5,000,000 for each of
fiscal years 2019 through 2023. (Section 6207)
The Senate Amendment reauthorizes the Tribal College and
University Essential Community Facilities Program through
fiscal year 2023. (Section 6104)
The Conference substitute adopts the Senate provision.
(Section 6406)
(36) Business Innovation Services Essential Community
Facilities
The Senate amendment amends section 306(a) to authorize the
Secretary to make grants and loans for essential community
facilities for business and innovation services, such as
incubators, co-working spaces, makerspaces, and residential
entrepreneur and innovation centers. (Section 12618)
The House bill contains no comparable provision.
The Conference substitute does not adopt the Senate
provision.
The Managers recognize the need for additional financial
support for community facilities that support rural
businesses and innovation, and make clear that the Secretary
may use programs authorized under 306(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)) to make
loans, loan guarantees, and grants for essential community
facilities for business and innovation services, such as
incubators, co-working spaces, makerspaces, and residential
entrepreneur and innovation centers.
(37) Emergency and Imminent Community Water Assistance Grant
Program (ECWAG)
The House bill amends section 306A to (1) authorize the
Secretary to extend the reservation of funds for an
additional 120 days in order to provide potable water to
protect public health, in the event of a natural disaster
(including drought); and (2) authorize appropriations of $27
million for each of fiscal years 2019 through 2023. (Section
6208)
The Senate amendment amends Section 306A of the
Consolidated Farm and Rural Development Act to: (1) increase
the amount of funds reserved for ECWAG grants to between 5
percent and 7 percent of the funds provided for water and
wastewater grants under section 306(a)(2); (2) authorize
appropriations of $50 million for each of fiscal years 2019
through 2023; (3) prioritize funding of projects that
address water contamination posing a threat to human
health of the environment; (4) increase the maximum amount
of a grant to address water quality or quantity decline
from $500,000 to $1 million, and: (5) create an
interagency task force to study drinking water and surface
water contamination in rural communities and submit its
findings to Congress. (Section 6106)
The Conference substitute adopts the Senate provision with
an amendment to authorize the Secretary to extend the
reservation of funds for an additional 120 days in order to
provide potable water to protect public health. (Section
6407)
In implementing the amendment made by this section, the
Managers remind the Department that the Environmental
Protection Agency is the lead federal agency charged with the
scientific assessment of potential drinking water
contaminants and regulating treated drinking water. In making
awards under (b)(1)(A), the Department should continue to
utilize the Agency's determinations, or those of relevant
state and local regulators, of what poses a threat to human
health or the environment, as required by Sections 306(a)(9)
and (10) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)).
Additionally, the Department should provide in its
regulations implementing this program that any entities
responsible for fouling a drinking water supply are not
eligible to be the recipients of an award under this program.
(38) Water Systems for Rural and Native Villages in Alaska
The House bill reauthorizes the program through FY 2023.
(Section 6209)
The Senate amendment amends section 306D to reauthorize the
program through FY 2023, and to: (1) clarify that a
consortium of Alaska Native Villages are eligible recipients
of these grants; and (2) provide that up to 2% of the funds
appropriated for a fiscal year may be used by a consortium
for training and technical assistance programs. (Section
6107)
The Conference substitute adopts the Senate provision.
(Section 6408)
(39) Household Water Well Systems
The House bill reauthorizes the program through FY 2023
(Section 6210)
The Senate amendment reauthorizes the program through FY
2023, increases the authorization of appropriations to $40
million annually, reduces the eligibility threshold for
households to those whose income is not more than 60 percent
of the median nonmetropolitan household income for the State,
allows for individually owned household decentralized water
and wastewater systems to qualify, and provides that loans
made with grants/funds shall have an interest rate of 1
percent with a term not to exceed 20 years and cannot exceed
$15,000.
The Conference substitute adopts the Senate provision, with
an amendment to increase the authorization of appropriations
from $5 million to $20 million for each of fiscal years 2019
through 2023. (Section 6409)
The Managers intend that the Secretary give priority and
work closely with non- profits having substantial experience
in providing direct technical assistance to low-income
homeowners dealing with decentralized water system issues.
In implementing the amendment made by this section, the
Managers remind the Department that the Environmental
Protection Agency is the lead federal agency charged with the
scientific assessment of potential drinking water
contaminants and regulating treated drinking water. In making
awards under (4) for ground water well contamination, the
Department should continue to utilize the Agency's
determinations, or those of relevant state and local
regulators, of what substances are considered contaminants
and pose a threat to human health or the environment, as
required by Sections 306(a)(9) and (10) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)).
Additionally, the Department should provide in its
regulations implementing this program that any entities
responsible for fouling a drinking water supply are not
eligible to be the recipients of an award under this program.
(40) Rural Cooperative Development Grants
The House bill amends section 310B to reauthorize the
program through fiscal year 2023. (Section 6213)
The Senate amendment amends section 310B to: (1)
reauthorize the program through fiscal year 2023; and (2)
clarify that research conducted under the cooperative
research program may include that based on data from the
latest available Economic Census conducted by the Bureau of
the Census. (Section 6111)
The Conference substitute adopts the Senate provision.
(Section 6412)
(41) Intermediary Relending Program
The House bill amends section 310H to: (1) reauthorize the
program through FY 2023; and (2) reduce the authorization of
appropriations to $10 million per year. (Section 6217)
The Senate amendment amends section 310H to: (1)
reauthorize the program through FY 2023; (2) increase to
$400,000 the maximum loan amount an intermediary may lend to
a qualified project; (3) reduce the matching amounts for
preferred lenders; and (4) allow for return of equity to an
intermediary consistent with loan amortization schedules.
(Section 6115)
The Conference substitute adopts the Senate provision.
(Section 6416)
(42) Exclusion of Prison Populations from Definition of Rural
Area
The House bill amends section 343(a)(13) of the
Consolidated Farm and Rural Development Act by excluding
incarcerated prison populations from inclusion in the
determination of whether an area is ``rural'' or a ``rural
area.'' (Section 6218)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment clarifying that the exemption applies to
populations incarcerated on a long-term or regional basis.
(Section 6301)
[[Page H9993]]
(43) Rural Business-Cooperative Service Programs Technical
Assistance and Training
The Senate amendment adds a new section 368 to the
Consolidated Farm and Rural Development Act authorizing the
Secretary to make grants for technical assistance and
training to assist rural communities in accessing programs
offered through Rural Business and Cooperative Services, with
a priority for grants serving persistent poverty counties and
high poverty communities. (Section 6118)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to provide that any amounts authorized to be
appropriated for any fiscal year that are not appropriated
for that fiscal year may be appropriated for the immediately
succeeding fiscal year. (Section 6419)
(44) Establishment of Technical Assistance Program
The Senate amendment requires the Secretary to establish a
technical assistance program to improve access by Tribal
entities to rural development programs. (Section 12514)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6302)
(45) Rural Microentrepreneur
The House bill reauthorizes appropriations for the program
of $4 million for each of fiscal years 2019 through 2023.
(Section 6221)
The Senate amendment reauthorizes appropriations for the
program of $20 million for each of fiscal years 2019 through
2023.
The Senate amendment establishes the minimum funding level
an eligible microenterprise development organization can
receive in technical assistance grants in an amount equal to
not less than 20% of the total outstanding balance of
microloans made by the microenterprise development
organization, subject to satisfactory performance and the
availability of funding. (Section 6121)
The Conference substitute adopts the Senate provision with
an amendment capping the maximum funding level an eligible
microenterprise development organization can receive in
technical assistance grants to not more than 25 percent of
the total outstanding balance of microloans made. (Section
6422)
(46) Rural Innovation Stronger Economy Grant Program
The Senate amendment amends Subtitle D of the Consolidated
Farm and Rural Development Act to establish a competitive
grant program to establish job accelerators to improve the
ability of distressed rural communities to create high-wage
jobs, accelerate the formation of new businesses, and help
rural communities identify and maximize local assets. Grants
for job accelerators will be provided in not fewer than 25
states. (Section 12619)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment. (Section 6424)
The Managers recognize the importance of a broad coalition
of stakeholders for implementation of a rural jobs
accelerator partnership funded through this program. For this
reason, beyond the criteria already described in the
Conference substitute for the working group that makes up a
rural jobs accelerator partnership, the Managers intend an
applicant may consider including one or more representatives
of an economic development or other community or labor
organization; 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); a philanthropic
organization; or a rural cooperative, if the cooperative
is organized as a nonprofit organization.
The Managers intend that in addition to the selection
criteria stipulated in the Conference substitute, an
applicant may also be asked to indicate the speed of
available broadband service or 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. To be selected for a grant through
this program, an applicant should provide details on the
identified industry cluster in their application, including a
description of data showing the existence of emergence of an
industry cluster; the importance of the industry cluster to
economic growth in the identified region; the unique assets
the identified region has to support the industry cluster and
to have a competitive advantage in that industry cluster;
evidence of a concentration of firms or concentration of
employees in the industry cluster; and available industry-
specific infrastructure that supports the industry cluster.
The applicant should also provide a description of how the
rural jobs accelerator partnership would improve the
competitiveness of the identified region, the ability to
repatriate United States jobs, the fostering of high-wage job
creation, the support of innovation and entrepreneurship, and
the promotion of private investment in the identified
regional economy.
The Managers believe the flexible use of funds through this
program is important to successful rural jobs accelerator
partnerships. The innovation center that may be funded
through this program may function as or be used for housing
for business owners or workers; co-working space, which may
include space for remote work; 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; job training programs; and
efforts to utilize the innovation center as part of the
development of a community downtown, among other uses deemed
appropriate by the Secretary. Support programs that may be
funded through this program may include integrating small
businesses into a supply chain; creating or expanding
commercialization activities for new business formation;
identifying and building assets in rural communities that are
crucial to supporting regional economies; facilitating the
repatriation of high-wage jobs to the United States;
supporting the development of innovative processes,
technologies, and products; enhancing the capacity of small
businesses in regional industry clusters, including small and
disadvantaged business; and increasing United States exports
and business interaction with international buyers and
suppliers.
The Managers recognize the need for federal interagency
support of rural jobs accelerator partnerships. Beyond the
Secretary of Commerce (or a designee) and the Secretary of
Agriculture (or a designee) co-chairing the task force to
oversee this program, this task force should also include the
Secretary of Education (or a designee); the Secretary of
Energy (or a designee); the Secretary of Health and Human
Services (or a designee); the Secretary of Housing and Urban
Development (or a designee); the Secretary of Labor (or a
designee); the Secretary of Transportation (or a designee);
the Secretary of the Treasury (or a designee); the
Administrator of the Environmental Protection Agency (or a
designee); the Administrator of the Small Business
Administration (or a designee); the Federal Co-Chair of the
Appalachian Regional Commission (or a designee); the Federal
Co-Chairman of the Board of the Delta Regional Authority (or
a designee); the Federal Co-Chair of the Northern Border
Regional Commission (or a designee); national and local
organizations that have relevant programs and interests that
could serve the needs of the jobs accelerators;
representatives of State and local governments or State and
local economic development agencies; representatives of
institutions of higher education, including land-grant
universities; and such other heads of Federal agencies and
non-Federal partners as determined appropriate by the co-
chairs of the task force.
(47) Northern Great Plains Regional Authority
The House bill amends section 383N(a) of the Consolidated
Farm and Rural Development Act by extending and reducing the
authorization of appropriations to $2 million for each of
fiscal years 2019 through 2023. (Section 6224)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(48) Rural Business Investment Program
The Senate amendment amends Subtitle H of the Consolidated
Farm and Rural Development Act to: change the definition of
capital for purposes of the program from ``venture capital''
to ``equity capital''; (2) remove the $500 cap on guarantee
fees the Secretary may charge; (3) increase the limitation on
rural business investment companies controlled by Farm Credit
System institutions from 25% to 50% before the rural business
investment company is prohibited from providing equity
investments to companies that are not otherwise eligible to
receive financing from the Farm Credit System; and (4)
prohibit the Secretary from requiring an entity applying to
become a certified rural business investment company provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment
company. (Section 12626)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6426)
(49) Electric Loan Refinancing
The Senate amendment amends section 2(a) of the Rural
Electrification Act of 1936 to authorize the Secretary
refinance electric and telephone loans made by the Rural
Utilities Service. (Section 6201)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6501)
The Managers expect that all affected federal agencies will
work together to expeditiously implement the new authority to
refinance Rural Utilities Service and Federal Financing Bank
loans. Within 90 days USDA should publish a notice detailing
implementation of the re-financing provisions.
The Managers expect that the new refinancing authority
gives the agency the ability to issue a new loan with new
terms with the proceeds being used to repay or pre-pay an
existing loan. These transactions should not be considered
loan modifications. The Managers do not expect any additional
budget authority to be necessary to implement these
provisions.
(50) Technical Assistance for Rural Electrification Loans
The Senate amendment amends section 2 to require the
Secretary to enter into an MOU with the Department of Energy
under which the Secretary of Energy shall provide
[[Page H9994]]
technical assistance to the Rural Utilities Service on loans
to be made for electrification loans. (Section 6202)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment clarifying that the Department of Energy
provides technical assistance to Rural Utilities Service and
not individual borrowers. (Section 6501(b))
(51) Loans for Telephone Service
The Senate amendment amends Section 201 of the Rural
Electrification Act of 1936 by making technical changes to
remove obsolete provisions. (Section 6203)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6502)
(52) Cushion of Credit Payments Program/Extension
The House bill amends the Rural Electrification Act of 1936
to: (1) authorize appropriations of $10 million for each of
fiscal years 2019 through 2023 for the Rural Economic
Development Loan and Grant Program; and (2) add a new section
313B to consolidate and specifically authorize the statutory
provisions governing the Rural Economic Development Loan and
Grant Program. (Section 6304)
The Senate amendment amends the Rural Electrification Act
of 1936 to: (1) authorize appropriations of $5 million for
each of fiscal years 2022 and 2023 for the Rural Economic
Development Loan and Grant Program; (2) provide mandatory CCC
funding of $5 million for each of fiscal years 2022 and 2023;
(3) provide for the continuation of the Rural Economic
Development Loan and Grant Program beyond the current
expected cessation of the Program with the expiration of the
final certificate of beneficial ownership in FY2021; (4)
cease additional deposits into the Cushion of Credit
beginning October 1, 2018; and (5) modify the fixed interest
rate and 5 percent paid on Cushion of Credit deposits to the
rate used to make payments on the 5-year Treasury note, not
to exceed 5%. (Section 6204)
The Conference substitute adopts the Senate provision with
an amendment to cease additional deposits into the Cushion of
Credit beginning on the date of enactment of the Agriculture
Improvement Act of 2018; and to modify the interest paid on
Cushion of Credit deposits from a fixed interest rate of 5
percent currently paid on Cushion of Credit deposits to 4
percent in fiscal year 2021, and to an amount equal to the 1-
year Treasury rate thereafter. In addition, beginning on the
date of enactment through September 30, 2020, a borrower may
reduce the balance of its Cushion of Credit account if the
amount obtained from the reduction is used to prepay loans
made or guaranteed under the Rural Electrification Act of
1936. No prepayment premium will be imposed or collected with
respect to that portion of a loan that is prepaid by a
borrower under this limited prepayment authority. (Section
6503 & 6504)
The managers expect that all affected federal agencies will
work together to expeditiously implement the new authority to
prepay Rural Utilities Service and Federal Financing Bank
loans without penalty under this section. Within 90 days of
enactment, USDA should publish a notice detailing
implementation of the Cushion of Credit provisions. The
Managers do not expect any additional budget authority to be
necessary to implement these provisions.
In providing the authority for depositors to prepay loans
with balances in the Cushion of Credit account, it is the
Managers' intention that each depositor be able to apply
funds to individual loans of the depositor's choosing.
(53) Guarantees for Bonds and Notes Issued for
Electrification for Telephone Purposes
The House bill amends section 313A of the Rural
Electrification Act of 1936 to: (1) strike the requirement
that loans be made solely for the purpose of electrification
or telephone purposes under the Act, and instead allow that
utility infrastructure loans be made to, or refinanced for,
eligible borrowers under the Rural Electrification Act; (2)
prescribe terms of the guarantees, including to require that
the term of each guarantee must be 35 years; and (3) require
that the Secretary carry out section 313A, as amended, under
a notice of Solicitation of Applications until all necessary
regulations are fully implemented. (Section 6301 & 6303)
The Senate amendment amends section 313A of the Rural
Electrification Act of1936 to: (1) same as House bill; (2)
prescribe terms of the guarantees, including to provide that
the term of a guarantee, by agreement between the Secretary
and the borrower, may be for a term of 30 years (or another
term of years that the Secretary determines is appropriate);
(3) substantially similar to the House bill; (4) extend the
termination date until September 30, 2023; and (5) strikes
the prohibition against the Secretary guaranteeing payment on
a bond or note issued by a lender, the proceeds of which are
used for the generation of electricity. (Section 6205)
The Conference substitute adopts the Senate provision.
(Section 6505)
The Managers have included language to streamline the
Guaranteed Underwriter Program. The Managers intend that this
program will continue to guarantee loans or refinance bonds
or notes issued by cooperative lenders for the purposes of
assisting utilities in improving their infrastructure. These
electric and telecommunications utilities include any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936,
or any utility that is eligible to receive an insured or
direct loan under such Act.
(54) Expansion of 911 Access
The House bill reauthorizes section 315 of the Rural
Electrification Act of 1936 through 2023. (Section 6302)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6506)
(55) Transparency in the Telecommunications Infrastructure
Loan Program
The Senate amendment amends Title VI of the Rural
Electrification Act of 1936 to require the Secretary to
publish and make available to the public a fully searchable
database related to the Telecommunications Infrastructure
Loan and Loan Guarantee Program, including: (1) a notice and
specified details of each application; (2) a notice and
specified details of each borrower receiving assistance; and
(3) other information sufficient to allow the public to
understand the assistance provided.
The Senate amendment also requires the Secretary to provide
an opportunity for the public to submit information
concerning the service the borrower is offering in the census
blocks proposed in an application. (Section 6208)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to expand the transparency and reporting
requirements to all broadband infrastructure programs
administered by USDA, remove references to census blocks, and
moves some existing reporting language from Section 601 of
the Rural Electrification Act of 1936 to a new Section 701.
(Section 6207)
In adopting a substitute amendment, the Managers have
established a single process for providing notice and
assessments of proposed service territories across multiple
USDA broadband programs. The amendment will ensure that the
Secretary will be required to follow the same process for
making information about applicants for retail broadband
assistance publicly available, regardless of which program
the assistance is provided through. Similarly, existing
broadband providers will have a single source of information
about proposed projects in which they might be considered
incumbent providers.
The amendment also seeks to move the Department away from
the inaccurate, census-block approach to determining the
existing service within a proposed service territory. Census-
block level data has long been identified as a significant
stumbling block to gaining an accurate map of broadband
deployment in rural areas. The amendment requires existing
service providers to provide data on their operations only
within the borders of the proposed service territory. The
Managers intend that the Secretary implement this section by
requiring applicants and existing providers to each provide
service point-level data when submitting data under this
section, as appropriate.
(56) Cybersecurity and Grid Security Improvements
The Senate amendment amends Title III of the Rural
Electrification Act of 1936 by adding at the end a new
section authorizing the Secretary to make or guarantee
electric loans for cybersecurity and grid security
improvements. (Section 6210)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6507)
(57) Rural Energy Savings Program
The House bill amends section 6407 of the Farm Security and
Rural Investment Act of 2002 to: (1) require the Secretary to
not include any debt incurred under the Rural Energy Savings
Program incurred in the calculation of a borrower's debt
equity ratio for the purposes of determining eligibility for
loans under the Rural Electrification Act; (2) require the
Secretary to streamline accounting requirements imposed on
borrowers while maintaining adequate assurances of loan
repayment; (3) increase the interest rate that a borrower may
charge when relending programs funds from 3% to 5%; (4)
require the Secretary to submit a report to Congressional
authorizing committees on program administration; and (5)
reauthorize the program through 2023. (Section 6401)
The Senate amendment amends Section 6407 of the Farm
Security and Rural Investment Act of 2002 to: (1) very
similar provision; (2) very similar provision; (3) increase
the interest rate that a borrower may charge when relending
program funds from3% to 6%; (4) very similar provision; (5)
reauthorized the program through 2023; and (6)amend the
definition of ``energy efficiency measures'' eligible for
financing to specifically include cost-effective on- or off-
grid renewable energy or energy storage systems. (Section
6302)
The Conference substitute adopts the Senate provision with
an amendment to increase the interest rate a borrower may
charge when relending program funds from 3 percent to 5
percent. (Section 6303)
[[Page H9995]]
(58) Regional Economic and Infrastructure Development
Commissions/Northern Border Regional Commission
The House bill amends 40 U.S.C. 15751 to reauthorize the
Commissions through fiscal year 2023. (Section 6503)
The Senate amendment amends Section 15751 (a) of title 40,
United States Code, to reauthorize the Northern Border
Regional Commission, the Southwest Border Regional
Commission, and Southeast Crescent Regional Commission
through 2023.
The Senate amendment also establishes a State capacity
building grant program to provide grants to Commission States
to carry out several stated purposes, including to better
support business retention and expansion in eligible counties
and to implement new or innovative economic development
practices. The amendment also adds 2 counties in New
Hampshire and 8 in Vermont to region of the Northern Border
Regional Commission. It provides several administrative
provisions governing the grant program and authorizes such
sums as may be necessary to provide up to $5 million per
fiscal year to carry out the grant program. (Section 6304)
The Conference substitute adopts the Senate provision with
an amendment adding additional New York counties and
authorizes appropriations of $33 million for each of fiscal
years 2019 through 2023. (Section 6304)
(59) Definition of Rural Area for Purposes of the Housing Act
of 1949
The House bill amends section 520 of the Housing Act of
1949 to update the census years for the purposes of defining
``rural'' and ``rural area.'' The provision maintains the
35,000 population threshold for areas rural in character and
with a serious lack of mortgage credit for lower and
moderate-income families. (Section 6504)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6305)
(60) Limited Exclusion of Military Base Populations from
Definition of Rural Area
The House bill amends section 313(a)
(13) of the Consolidated Farm and Rural Development Act to
provide that the first 1,500 individuals who reside in
housing located on a military base shall not be included in
determining whether an area is ``rural'' or a ``rural area.''
The House bill amends section 601
(b) to provide that the first 1,500 individuals who reside
in housing located on a military base shall not be included
in determining whether an area is a ``rural area.''
The House bill also amends section 2332 of the Food,
Agriculture, Conservation, and Trade Act of 1990 to define
``rural area'' for purposes of the Distance Learning and
Telemedicine program. (Section 6505)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6301)
(61) Council on Rural Community Innovation and Economic
Development
The Senate Amendment establishes a Council on Rural
Community Innovation and Economic Development to enhance the
efforts of the Federal Government to address the needs of
rural areas through enhanced use of coordination, innovation,
and investment to promote rural economic prosperity. (Section
6305)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 6306)
Sec. 6306(h)(3)(A)(ii)(I): Report by the Rural Smart
Communities Working Group--The report to be submitted to
Congress not later than one year after the establishment of
the Rural Smart Communities Working Group shall describe
efforts that communities in rural areas can undertake to
integrate `smart' technology into their communities to solve
challenges relating to governance, economic development,
quality of life, or other relevant issues, as determined by
the Secretary. Other such issues the Working Group shall
describe when considering challenges faced by rural
communities should include, but are not limited to, energy
delivery and reliability, transportation, public health,
healthcare, law enforcement and public safety, housing, and
other vital public functions.
In addressing the aforementioned challenges, the report
shall include a description of efforts of rural communities
to apply innovative and advanced technologies and related
mechanisms, to increase the efficiency and cost effectiveness
of related civic operations and services, and to create a
more sustainable and resilient community. Furthermore, the
report shall include an analysis on efforts to integrate
`smart' technology into rural communities, the barriers and
challenges faced by rural areas to integrate such technology
into their communities, what Federal resources can be
utilized to assist rural communities in this regard, as well
as including recommendations on how best to deploy Federal
resources to assist rural areas in integrating such
technologies and resources in their communities and how rural
communities can better leverage private sector resources to
integrate such technologies and resources.
Sec. 6306(h)(3)(A)(ii)(II): Rural Smart Community Resource
Guide--The resource guide to be created, published, and
maintained for rural communities to develop and implement
rural smart community programs may include a compilation of
existing related Federal and non-Federal programs available
for rural communities to provide such resources that may
include technical assistance, education and training, funding
opportunities, or other programs. The resource guide may also
include examples of rural community engagement with private-
sector entities to implement smart community solutions,
examples of best practices and successful methods rural
communities have undertaken to facilitate integration of
smart technologies, and other such relevant topics that
further assist rural communities obtain necessary information
when developing and implementing rural smart community
programs.
In creating the Rural Smart Community Resource Guide, the
Rural Smart Communities Working Group shall seek appropriate
information from States and local governments in the creation
and maintenance of the resource guide, and shall conduct
outreach to States, counties, communities, and other relevant
entities to provide interested stakeholders with the
published Rural Smart Community Resource Guide, and
subsequent iterations.
The Working Group shall periodically update and distribute
the Rural Smart
Community Resource Guide, as relevant and necessary.
Separately, the Managers recognize that existing programs
within the Rural Development Title may be used to support
outdoor recreation investments that meet the applicable
program requirements. To increase the impact of these
programs on the outdoor recreation economy, the Managers
expect the Secretary to identify and support opportunities
for outdoor recreation-related investments that result in
rural economic growth, including outdoor recreation
businesses, facilities, infrastructure, planning, and
marketing. The Managers also expect the Secretary to
encourage coordination between Rural Development and U.S.
Forest Service staff to identify opportunities to cooperate
and leverage resources and investments.
(62) Elimination of Unfunded Programs
The House bill repeals sections 306(a)(23), 310B(f), 379,
379A, 379C, 379D, 379F, and Subtitle I of the Consolidated
Farm and Rural Development Act, and makes conforming
amendments.
The House bill also repeals sections 314 and 602 of the
Rural Electrification Act of 1936 and makes conforming
amendments. (Section 6601)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6601)
(63) Repeal of Rural Telephone Bank
The House bill repeals Title IV of the Rural
Electrification Act of 1936 and makes conforming amendments.
(Section 6602)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6602)
(64) Amendments to the Local TV Act
The House bill amends the Launching Our Communities' Access
to Local Television Act of 2000 by retitling it and repealing
sections 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009,
1010, 1011, and 1012. (Section 6603)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6603)
(65) Corrections Relating to the Consolidated Farm and Rural
Development Act
The House bill provides technical corrections to the
Consolidated Farm and Rural Development Act. (Section 6701)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6701)
(66) Corrections Relating to the Rural Electrification Act of
1936
The House bill provides technical corrections to the Rural
Electrification Act of 1936. (Section 6702)
The Senate Amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 6702)
Title VII--Research
The Managers recognize that Federal investment in public
agricultural research has been trending downward in real
dollars since 2003. This comes at a time when farmers are
struggling to make ends meet and are in desperate need of new
tools to cut costs, combat crop disease, and protect against
flood and drought. Furthermore, the demands of a growing and
hungry world population require that American agricultural
research again take the lead in advancing innovation in food
production.
The Managers recognize that the U.S. has been second to
China in total public agricultural research funding since
2008, and China's spending on public agricultural research
and development is now nearly double that of the United
States. We are at a critical juncture and must reverse this
trend to reassert our nation's global leadership in
agricultural research.
(1) Purposes of agricultural research, extension, and
education; International agriculture research
The House bill amends section 1402 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977
[[Page H9996]]
(``NARETPA'') to add the purpose of supporting international
scientific collaboration that leverages resources and
advances the food and agricultural interests of the United
States. (Section 7101)
The Senate amendment is substantially identical to the
House bill, except that it also provides a list of
illustrative examples. (Section 7101)
The Conference substitute adopts the Senate provision.
(Section 7101)
(2) Matters relating to certain school designations and
declarations
The House bill amends the definition of ``NLGCA
Institution'' and ``non-land-grant college of agriculture''
in section 1404(14) of NARETPA to mean a public college or
university offering a baccalaureate or higher degree in the
study of agricultural sciences, forestry, or both, which is
any of the 32 specified areas of study. The House provision
establishes a process of review within 90 days of enactment
of each NLGCA to ensure compliance with the revised
definition and to propose revocation of the designated NLGCA
for noncompliance. The House provision also extends until
fiscal year 2023 the current law authority for cooperating
forestry schools and Hispanic-serving agricultural colleges
to no longer be designated as such institutions. (Section
7102)
The Senate amendment amends the section 1404(14) definition
of an NLGCA to mean a public college or university offering a
baccalaureate or higher degree in the study of agricultural
sciences, forestry, or both, which may include any of same 32
specific areas of study specified in the House bill and any
other area determined appropriate by the Secretary. Similar
to the House bill, the Senate amendment establishes a process
of review within 90 days of enactment of each NLGCA to ensure
compliance with the revised definition and to propose
revocation of the designated NLGCA for noncompliance.
(Section 7102)
The Conference substitute adopts the Senate provision, with
an amendment that specifies in the definition of NLGCA that
the study of agricultural sciences, forestry, or both is any
of the 32 specified areas of study or any other area
determined appropriate by the Secretary. (Section 7102)
The Managers expect the Secretary to rigorously scrutinize
any other area of study beyond those specifically enumerated
in statute before determining such area of study to be
appropriate for the purposes of designating an NLGCA
institution. Such area of study should be closely related to
the core areas of agricultural sciences and forestry that are
listed in the definition.
(3) National agricultural research, extension, education, and
economics advisory board
The House bill amends section 1408 of NARETPA to
reauthorize the National Agricultural Research, Extension,
Education, and Economics Advisory Board. It amends the
membership composition of the Advisory Board and directs the
Advisory Board to make recommendations and to address long-
and short-term national priorities consistent with various
priorities of the Agriculture and Food Research Initiative
and NARETPA. (Section 7103)
The Senate amendment amends section 1408 to reauthorize the
Advisory Board. (Section 7103)
The Conference substitute adopts the House provision with
an amendment to the membership composition of the Advisory
Board to include a national association of agricultural
economists. (Section 7103)
(4) Specialty crop committee; Citrus disease subcommittee
The House bill amends section 1408A of NARETPA to extend
the citrus disease subcommittee of the specialty crops
committee through September 30, 2023. It increases the
membership of the citrus disease subcommittee from 9 to 11
members and increases from 3 to 5 the number of members who
represent Arizona or California. (Section 7104)
The Senate amendment extends the citrus disease
subcommittee of the specialty crops committee through
September 30, 2023. (Section 7104)
The Conference substitute adopts the House provision.
(Section 7104)
(5) Renewable energy committee
The House bill discontinues the Renewable Energy Committee
by repealing section 1408B of NARETPA. (Section 7105)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 7105)
(6) Veterinary services grant program
The Senate amendment amends section 1415B of NARETPA to
sunset the authorization for the Veterinary Services Grant
Program in fiscal year 2023, to require that not less than
two-thirds of the funds made available under section 1415B be
awarded to qualified entities with a focus on food animal
medicine, and to add to the preference for selecting grant
recipients, qualified entities exposing students in grades 11
and 12 to education and career opportunities in food animal
medicine. (Section 7105)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments to remove the authorization sunset, to require the
Secretary to prioritize grant awards for programs or
activities focused on the practice of food animal medicine,
and to specify that a qualified entity may use grant funds to
expose students in grades 11 and 12 to education and career
opportunities in food animal medicine. (Section 7106)
The Managers intend to enhance the Veterinary Services
Grant Program (VSGP), which was developed to relieve
veterinary shortage situations and support veterinary
services. To increase the number of food animal
veterinarians, the Managers intend to recruit high school
students and provide work experience to expose them to
veterinary career opportunities. According to data from the
Department of Agriculture (USDA), approximately 15 percent of
veterinarians specialize in food animal or mixed animal
practice while two-thirds practice exclusively on companion
animals. Prioritizing food animal medicine in the VSGP will
allow for additional grants to develop, implement, and
sustain food animal veterinary services through education,
training, recruitment, placement, and retention of
veterinarians, veterinary technicians, and students of
veterinary medicine and technology, and to establish or
expand veterinary practices in rural areas.
(7) Research equipment grants
The House bill adds a new section 1462A of NARETPA to
establish a competitive grants program for the acquisition of
research equipment for use in food and agricultural sciences
programs. Further, it stipulates grant amounts may not exceed
$500,000 to an eligible institution and authorizes $5 million
for each of fiscal years 2019 through 2023. Additionally, the
House bill defines ``eligible institution'' to mean a
``college or university'' or a State cooperative institution.
(Section 7121)
The Senate amendment adds a new section 1419 to establish a
competitive grants program that is substantially similar to
the House bill, with the exception that the Senate amendment
defines ``eligible institution'' to mean ``an institution of
higher education as defined in section 101(a) of the Higher
Education Act of 1965'' or a State cooperative institution.
(Section 7107)
The Conference substitute adopts the House provision.
(Section 7125)
(8) Next generation agriculture technology challenge
The Senate amendment adds a new section 1419C to NARETPA to
establish a next generation agriculture technology challenge
competition to incentivize the development of innovative
mobile technology that removes barriers to entry in the
marketplace for beginning farmers and ranchers. The Senate
amendment provides that the Secretary may award not more than
$1,000,000 in the aggregate to 1 or more winners of the
competition. (Section 7110)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7110) The Managers recognize that there are many
barriers to entry for new and beginning farmers and ranchers.
One of the major challenges includes the lack of innovative
mobile technology to help new and beginning farmers and
ranchers start farming. The Managers intend that this
authority be used to stimulate new advancements to bridge
gaps in technology and better serve new and beginning farmers
and ranchers.
(9) Nutrition education program
The House bill strikes section 1425 in NARETPA to
discontinue the nutrition education program and to strike
funding for the expanded food and nutrition education
program. (Section 7110)
The Senate amendment amends section 1425 to extend the
authorization of appropriations for the nutrition education
program and the expanded food and nutrition education program
through fiscal year 2023. (Section 7111)
The Conference substitute adopts the Senate provision with
an amendment to allow the expanded food and nutrition
education program to coordinate with the nutrition education
and obesity prevention grant program under section 28 of the
Food and Nutrition Act or another health promotion or
nutrition improvement strategy. (Section 7112)
(10) Extension carryover at 1890 land-grant colleges,
including Tuskegee University
The House bill amends section 1444(a) of NARETPA to allow
1890 colleges to carry forward to the succeeding fiscal year
more than 20 percent of the funds they receive in a given
fiscal year, effective October 1, 2018. (Section 7112)
The Senate amendment is substantially similar to the House
bill but does not specify an effective date of October 1,
2018. It also requires an annual report to Congress
describing allocations made to, and matching funds received
by, 1890 colleges and 1862 land-grant colleges for extension.
(Section 7114)
The Conference substitute adopts the Senate provision with
an amendment striking the annual report requirement and moves
it to section 7116. (Section 7114)
The Managers encourage USDA to allow extension funding to
carry over at 1890 institutions in a similar manner to 1862
institutions.
(11) Report on allocations and matching funds for 1890
Institutions
The House bill directs the Secretary to transmit to
Congress annually a report on the allocations made to, and
matching funds received by, institutions pursuant to sections
1444 and 1445 of NARETPA. (Section 7106)
The Senate amendment amends section 1445 to require an
annual report to Congress
[[Page H9997]]
describing allocations made to, and matching funds received
by, institutions under section 1445 and institutions
designated under the Act of July 2, 1862. (Section7115)
The Conference substitute adopts the Senate provision with
amendments to include allocations and matching funds received
by institutions under section 1444 of NARETPA, subsections
(b) and (c) of section 3 of the Smith-Lever Act, and the
Hatch Act of 1887. (Section 7116)
The Managers recognize the important role that land-grant
colleges have throughout the country, particularly in
agricultural research and extension. It will benefit farmers,
producers, and other community stakeholders if state
governments match the federal government's funding level
commitments at both 1890 and 1862 land-grant colleges. The
Managers expect that the Secretary's annual report on the
efforts made by States to match dollar-for-dollar federal
funding will provide additional information to Congress for
future policy decisions, help land-grant colleges better
serve their communities, and encourage States to provide
additional support for agricultural research.
(12) New beginning for tribal students
The House bill amends section 309(b) of the Department of
Agriculture Reorganization Act of 1994 to require the
Secretary, within a year of the date of enactment, to
establish a ``New Beginnings Initiative'' in consultation
with the Office of Tribal Relations, under which the
Secretary shall provide funds to a land-grant college or
university in an amount equal to the funds such college or
university expends for providing Indians educational programs
and services, or tuition at such college or university.
(Section 11204)
The Senate amendment adds a new section, 1450, to NARETPA
authorizing the Secretary to award competitive grants to
land-grant colleges or universities to provide identifiable
support specifically targeted for Tribal students. A land-
grant college or university that receives a grant under this
section shall provide matching funds toward the cost of
carrying out the support in an amount equal to not less than
100 percent of the grant award. The Senate amendment provides
that no State shall receive more than $500,000 per year
through grants under this program. Additionally, it requires
that the Secretary provide a report on the type of grants
awarded, the amounts awarded, and the graduation rate of
student awardees and authorizes appropriations in the amount
of $5 million for each of fiscal years 2019 through 2023.
(Section 7118)
The Conference substitute adopts the Senate provision with
amendments specifying that the term ``land-grant college or
university'' includes a 1994 Institution and other technical
changes. (Section 7120)
(13) Binational agricultural research and development (BARD)
The Senate amendment amends section 1458 of NARETPA to
provide that 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 be
carried out in a manner consistent with the section and to
accelerate the demonstration, development, and application of
agricultural solutions resulting from or relating to BARD
Fund programs. (Section 7120)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment striking that the activities be carried out in a
manner consistent with the section. (Section 7122)
The Managers acknowledge the strong research and
development partnership between the United States of America
and the Government of Israel, carried out through activities
under the Binational Agricultural Research and Development
(BARD) Fund. The Managers encourage the Secretary to promote,
support, and expand agricultural research and development
that are of mutual benefit to the United States and Israel.
In addition, the Managers intend for USDA, in coordination
with the Government of Israel, to pursue the expansion of
activities under BARD to accelerate the demonstration,
development, and application of agricultural solutions
resulting from or relating to BARD Fund programs. The broader
BARD areas of interest for collaborative priorities include:
(A) increased efficiency of agricultural production
including sustainable development, efficient use of
resources, economic evaluation of policies and regulatory
issues, and crops that yield higher value per unit;
(B) protection of plants and animals against biotic stress,
including pest genetics in biological environments, invasive
species, and emerging diseases;
(C) agricultural production challenges in increasing
marginal conditions, such as tolerance to drought, salinity,
high temperature and nutrient stresses;
(D) food quality, safety and security including improved
assessment and detection methods, food nutritive value in
relation to human health, functional foods, reliable supply,
and postharvest treatments;
(E) water quality and quantity including efficient use of
low quality water, improved economic return for water in
agriculture, crop response to soil and water quality and its
constituents, impact of nutrients on water quality;
(F) functional genomics and proteomics that deal with
important agricultural issues including production and
protection traits, genetic optimization, and increased yield;
(G) sensors and robotics linking biological phenomena with
sensors or otherwise bridging into the field of
bioengineering, nano-technology, precision agriculture, and
labor reduction; and
(H) sustainable bio-energy systems, including biofuel
production systems, and those that reduce energy costs,
leverage renewable resources, reduce greenhouse gases, and
help to diversify the farm economy.
(14) Partnerships to build capacity in international
agricultural research, extension, and teaching
The Senate amendment adds a new section 1458A to NARETPA to
promote building capacity and improving performance among
1862, 1890, 1994, NLGCA, Hispanic-serving agricultural
colleges, and cooperating forestry schools, and similar
institutions in developing countries, to strengthen
agricultural research, teaching, and extension institutions.
The section authorizes $10 million for each of fiscal years
2019 through 2023. (Section 7121)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments defining ``developing country'' and
``international partner institutions'' and other technical
changes. (Section 7123)
The Managers understand that global food production must
continue to increase to meet the world's growing population.
The Managers intent is to build capacity and improve the
performance of covered institutions and agricultural higher
education institutions in developing countries performing, or
desiring to perform, activities substantially similar to
agricultural research, extension, and teaching activities in
order to solve food, health, nutrition, rural income, and
environmental challenges, especially among chronically food
insecure populations.
(15) Limitation on indirect costs for agricultural research,
education, and extension
The House bill amends section 1462 of NARETPA to allow
indirect cost recovery charged against any agricultural
research, education, or extension grant awarded to increase
from 22 percent to 30 percent of total federal funds
received, unless otherwise provided in law. It clarifies that
the limitation on indirect costs applies to both the initial
grant award and any subgrant, so that the total of all
indirect costs charged against the total of the Federal funds
provided does not exceed the 30 percent limitation. (Section
7120)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 7125)
(16) Supplemental and alternative crops
The House bill amends section 1473D of NARETPA to
reauthorize appropriations through fiscal year 2023 for the
competitive grants program to develop supplemental and
alternative crops. It amends the program to include canola
and alternative crops ``for agronomic rotational purposes and
for use as a habitat for honey bees and other pollinators''.
(Section 7124)
The Senate amendment is substantially similar to the House
bill and also provides that the Secretary may award grants
and enter into agreement or other arrangements to conduct
research related to the development of industrial hemp as
well as the development of new and emerging commercial
products derived from hemp. (Section 7125)
The Conference substitute adopts the Senate provision with
an amendment to increase the authorization of appropriations
to $2 million for each of fiscal years 2019 through 2023.
(Section 7129)
(17) New era rural technology program
The Senate amendment amends section 1473E of NARETPA to
reauthorize the New Era Rural Technology Program for fiscal
years 2019 through 2023 and adds precision agriculture to the
areas of technology development, applied research, and
training supported under the program. (Section 7126)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7130)
(18) Agriculture advanced research and development authority
pilot (AGARDA)
The Senate amendment adds a new section 1473H to NARETPA to
establish the Agriculture Advanced Research and Development
Authority (AGARDA) under the Office of Chief Scientist.
``Advanced research and development'' is defined as
activities to overcome long-term and high-risk research
challenges in agriculture and food through acceleration of
innovative agricultural research or the development of
qualified products and projects or agricultural technologies.
The Senate amendment directs the Secretary to develop a
strategic plan for AGARDA and disseminate the information in
the plan to those who can best contribute to the activities
described in the strategic plan. It permits the Secretary to
use ``other transaction authority'' to expedite awarding
grants and entering into contracts. The provision permits the
Secretary to appoint highly qualified individuals without
regard to certain sections of the U.S. Code governing
appointments in the competitive service and without regard to
the General Schedule pay rates and authorizes establishment
of the AGARDA Fund in the U.S. Treasury administered by the
Chief Scientist to carry out
[[Page H9998]]
this section. The provision permits the Secretary to accept
and deposit monies received from cost recovery or
contribution into the AGARDA Fund. The authority under this
new section terminates on September 30, 2023. (Section 7128)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments that (1) broaden the definition of ``advanced
research and development'', (2) specify that one of the
goals of AGARDA is to undertake advanced research and
development in areas that industry is unlikely to
undertake because of technological or financial
uncertainty; (3) add royalty payments as monies that the
Secretary may accept and deposit into the AGARDA Fund and
allow amounts deposited into the Fund to remain available
until expended; and (4) modify the termination of
effectiveness to 5 years after the date of enactment and
provide exceptions to such termination for certain
provisions of the section. (Section 7132)
The Managers recognize the need to address high risk and
long-term challenges that threaten the stability and economic
viability of agriculture in the United States. To do this
effectively, the Managers intend to complement existing
research efforts by providing new authority to spur
innovation. As such, the conference substitute establishes
the Agriculture Advanced Research and Development Authority
pilot program to carry out advanced research and development
of qualified products and projects, agricultural
technologies, and research tools.
The Managers encourage the Secretary to establish a robust
strategic plan for AGARDA that implements a new approach to
problem solving that considers and learns from the successes
and experiences of other advanced research and development
authorities, such as the Defense Advanced Research Projects
Agency (DARPA), the Biomedical Advanced Research and
Development Authority (BARDA), and the Advanced Research
Projects Agency-Energy (ARPA-E).
The Managers intend that the Secretary of Agriculture use
the other transaction authority, when appropriate, in a
creative manner and subject to the same terms and conditions
as afforded to the Secretary of Defense under DARPA,
including that the other transaction authority may be used
when a standard contract, grant, or cooperative agreement is
not feasible or appropriate.
The Managers expect the Secretary to prioritize projects
during the pilot program to meet challenges related to the
discovery of solutions to plant and animal disease threats,
including those with the highest risk of emerging or moving
transboundary, and the discovery of mechanization solutions
that will provide viable alternatives for labor intensive
aspects of specialty crop production.
The projects funded through this pilot program should
address barriers in research and development that support
transformative advances that industry by itself is not likely
to undertake because of technological or financial
uncertainty.
The Managers encourage USDA to partner and collaborate with
agencies, relevant industries, academia, and other
stakeholders to conduct advanced research and development.
The Managers do not intend for USDA to change how other
authorized agricultural research programs are funded and
implemented due to the establishment of AGARDA.
(19) Rangeland research programs
The House bill amends section 1483 of NARETPA to
reauthorize appropriations for rangeland research through
fiscal year 2023. (Section 7127)
The Senate amendment repeals subtitle M of NARETPA to
eliminate the rangeland research program. (Section 7130)
The Conference substitute adopts the House provision.
(Section 7134)
(20) Special authorization for biosecurity planning and
response
The House bill amends section 1484 of NARETPA to increase
authorization of appropriations to $30 million for each
fiscal year 2019 through 2023. The House bill authorizes the
Secretary to use the funding to enter into cooperative
agreements, in addition to awarding competitive grants. It
adds that the Secretary shall, in addition to other stated
activities, use the funds to coordinate tactical science
activities of USDA's Research, Education, and Economics
mission area to protect the American agricultural system
against biosecurity threats from pests, diseases,
contaminants, and disasters. (Section 7128)
The Senate amendment reauthorizes appropriations of $20
million for each fiscal year through fiscal year 2023.
(Section 7131)
The Conference substitute adopts the House provision.
(Section 7135)
(21) Land-grant designation
The House bill adds a new section to Subtitle C of NARETPA
to prohibit the designation of additional entities as
eligible to receive funds under a list of ``covered
programs'', including the Hatch Act, the Smith-Lever Act
(sections 3(b), (c), and (d)), McIntire-Stennis Act, and
programs funding research, extension, and facilities at 1890
land-grant colleges. It also prohibits the increase of the
amount of funding a state can receive under a covered program
as a result of a state's designation of additional entities
as eligible to receive funds under a covered program. The
House bill specifies that this new section does not limit
eligibility for capacity and infrastructure programs
specified in section 251(f)(1)(C) of the Department of
Agriculture Reorganization Act of 1994 that are not covered
programs. (Section 7118)
The Senate amendment adds a new section to Subtitle P of
NARETPA to prohibit the designation of additional entities as
eligible to receive funds under a list of ``capacity
programs'', including the Smith-Lever Act (sections 3(b) and
(c)), the Hatch Act, McIntire-Stennis Act, and programs
funding research, extension, and facilities at 1890 land-
grant colleges, and other agricultural research, extension,
or education programs relating to capacity and
infrastructure. It provides exceptions from the prohibition
against new designations for 1994 institutions under the
McIntire-Stennis Act, and in extraordinary circumstances, as
determined by the Secretary. Additionally, the section
prohibits the increase of the amount of funding a state can
receive under a capacity program as a result of the
designation of additional entities as eligible to receive
funds under a capacity program. (Section 7133)
The Conference substitute adopts the House provision with
amendments that provide exceptions from the prohibition
against new designations for 1994 institutions and in
extraordinary circumstances and that make technical changes.
(Section 7111)
The Managers support the continuing mission of the U.S.
land-grant university system to address local, State, and
national priorities concerning food and agricultural
sciences. Formula funds provided by USDA support capacity and
infrastructure for research, education, and extension
programs related to food and agricultural sciences.
Funds allocated to States for agricultural research
programs under the Hatch Act and agricultural extension
programs pursuant to the Smith-Lever Act are based on
individual formulas that take into account rural population
and farm numbers. Urban population and State land area are
not considered. The efficiencies gained through central
administration of research, extension, and education
programming within the States reduce costs while maximizing
resources devoted to local, State, and national priorities.
The Managers recognize the budgetary limitations facing the
land-grant system of colleges and universities and all other
public-sector entities.
Efforts to divide existing land-grant universities under
the guise of local control of extension programing would
establish separate, distinct administrative units with the
effect of duplicating administrative costs and burdens, while
significantly disrupting the ability to provide programming
on high-priority local, State, and national issues.
The Managers address this concern by prohibiting USDA from
providing capacity funding to institutions not previously
designated as land-grant universities, thereby preserving the
capability of the system to address our nation's priorities
within the budgetary constraints that currently exist.
(22) Scholarships for students at 1890 institutions
The House bill adds a new section to Subtitle G of NARETPA
to require the Secretary to award a grant to each 1890
institution to provide scholarships for students who have
been accepted for admission and will, within one year, be
enrolled at the institution, and who intend to pursue a
career in food and agricultural sciences, including a career
in: agribusiness; energy and renewable fuels; and financial
management. It authorizes appropriations of $19 million for
each of fiscal years 2019 through 2023 and requires that each
grant be made in the amount of $1 million. (Section 7114)
The Senate amendment requires the Secretary to award a
grant to each 1890 institution to provide scholarships for
students who seek to attend the institution and intend to
pursue a career in food and agricultural sciences, including
agribusiness; food production, distribution, and retailing;
the clothing industries; energy and renewable fuels; and
farming marketing, finance, and distribution. It authorizes
appropriations of $19 million for each of fiscal years 2019
through 2023 and requires the Secretary to allocate $1
million for a fiscal year to each of the 19 eligible
institutions. The Senate amendment also establishes findings
and purposes related to the program. (Section 7134)
The Conference substitute adopts the House provision with
amendments to limit grants to 1890 institutions that have
established a competitive scholarship awards process for this
scholarship program and restricts the Secretary from using
more than $10 million in mandatory funds to award grants for
each academic year from July 1, 2020 through July 1, 2023.
The substitute provides that each grant be made in an amount
not less than $500,000. The substitute provides $40 million
in mandatory funding from the Commodity Credit Corporation
(``CCC'') on October 1, 2019 to remain available until
expended and $10 million in discretionary funding for each of
fiscal years 2020 through 2023, with a 4 percent
administrative expense cap. The substitute also requires that
the Secretary submit a report to Congress every 2 years.
(Section 7117)
(23) National strategic germplasm and cultivar collection
assessment and utilization plan
The Senate amendment amends section 1632 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (``FACT
Act'') to require the Secretary to develop, publish, and
implement a national strategic germplasm
[[Page H9999]]
and cultivar collections assessment and utilization plan. It
amends section 1633 to require the Secretary to make such a
plan publicly available upon completion. (Section 7205)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7205)
The Managers recognize that food security and productivity
across growing conditions depend on regionally-adapted
cultivars and the maintenance of a robust strategic
germplasm, and therefore direct the Secretary to implement an
updated assessment of the national strategic germplasm and
cultivar collection, as well as the research, education, and
capacity updates necessary to meet current and future needs
of American farmers and U.S. consumers. The Managers intend
the Secretary to make progress on the development of publicly
available cultivars, building on direction provided in the
Food, Conservation, and Energy Act of 2008, and expect an
acceleration in progress on delivering regionally-adapted
cultivars that can be used to improve farm productivity, crop
marketability, and efficient nutrient use.
(24) National genetics resources program
The House bill amends section 1635 of FACT Act to
reauthorize the National Genetics Resources Program through
fiscal year 2023. (Section 7205)
The Senate amendment is substantially similar to the House
bill and also amends the organization of the Advisory Council
by adding 4 members and changing the appointment of members,
and by adding membership from 1862, 1890, and 1994
institutions and certain other institutions of higher
education. The section also instructs the Advisory Council to
include recommendations, including on the state of public
cultivar development and on the training and resources needed
to meet future breeding challenges, research gaps relating to
cultivar development. (Section 7206)
The Conference substitute adopts the Senate amendment.
(Section 7206)
(25) Agricultural genome initiative
The House bill amends section 1671 of FACT Act by including
phenome, in addition to genome, within the Agriculture Genome
Initiative. The House bill outlines the research initiative
goals to expand knowledge concerning genomes and phenomes of
crops important to the agriculture sector of the United
States. It authorizes appropriations of $30 million for each
of fiscal years 2019 through 2023. (Section 7207)
The Senate amendment similarly amends section 1671 to
include phenome, in addition to genome, within the
Agriculture Genome Initiative. The Senate amendment also
incorporates animals of importance to the agriculture sector
of the United States to the research initiative goals and
purposes. It authorizes appropriations of $30 million for
fiscal year 2019 through 2023. (Section 7208)
The Conference substitute adopts the Senate provision with
an amendment authorizing appropriations of $40 million for
each of fiscal years 2019 through 2023. (Section 7208)
The Managers acknowledge the enormous challenge of
efficiently and sustainably producing a safe, dependable food
supply for a growing population. Meeting this challenge
requires the development and management of crop varieties
that will perform well despite increased weather variability.
Significant progress has been made by the crop industry in
sequencing numerous plant genomes. This genomic knowledge
will increase the ability to predict crop performance in
diverse environments, enhancing the capability to develop new
varieties and to better manage the effects of weather
variability on crop productivity. The Managers support a
large-scale, inter-disciplinary network of researchers
dedicated to producing and analyzing very large datasets of
phenotypes to better predict crop yields.
The Managers recognize the importance of animal genomics
research conducted and supported by USDA and strongly
supports increased efforts in genomics research on
agriculturally important animals to address critical goals
including: (1) understanding how environment and production
systems impact the growth and productivity of livestock,
poultry, and aquaculture to help predict and improve
performance under variable conditions; (2) leveraging
livestock, poultry, and aquaculture genomic information with
phenotypic and environmental data to assist in selection of
superior genetics and improved management; (3) understanding
gene function in production environments to improve
livestock, poultry, and aquaculture performance; and (4)
developing improved data analytics to enhance understanding
of the biological function of genome sequences in livestock,
poultry, and aquaculture. The Managers commend the university
community, the private-sector, and USDA for its work to
advance animal genomics research and encourages additional
focus on these efforts in the future.
(26) High-priority research and extension
The House bill amends section 1672 of FACT Act to change
the alfalfa and forage research program to the alfalfa seed
and alfalfa forage systems research program. It adds the
following to the list of high-priority research areas:
macadamia tree health, turfgrass, fertilizer management,
cattle fever ticks, laying hen and turkey production, chronic
wasting disease, and algae. (Section 7208)
The Senate amendment adds the following to the list of
high-priority research areas: macadamia tree health,
turfgrass, nutrient management, and chronic wasting disease.
Additionally, the Senate amendment establishes the Pollinator
Health Task Force and amends the provisions governing the
coordination of pollinator and honeybee research under
section 1672(g). (Sections 7209 & 12620)
The Conference substitute adopts the House provision with
amendments to include nutrient management, dryland farming
agricultural systems, and hop plants. The substitute also
provides for the enhanced coordination of honeybee and
pollinator research by the USDA Chief Scientist and requires
that to the maximum extent practicable, the Chief Scientist
shall make such research results publicly available. (Section
7209)
The Managers are aware that pollinators are responsible for
the production of one- third of the U.S. food supply, but
that managed honey bees continue to die off in alarming
numbers, resulting in steady annual input cost increases to
maintain sufficient managed colony numbers to pollinate
America's crops. Because of the importance of pollinators in
the production of the nation's food supply and their impact
on the stability of our agricultural economy, the Managers
have included additional honeybee and pollinator research
requirements. Specifically, the Managers have included
provisions to facilitate coordination of honeybee and
pollinator research efforts USDA-wide and ensure adequate
input from the pollinator, beekeeper, grower, and scientific
communities.
To further address the protection of pollinators, the
Managers encourage the continuation of government-wide
collaboration and policy development through the Pollinator
Health Task Force.
(27) Organic agriculture research and extension initiative
The House bill amends section 1672B of FACT Act to add the
examination of optimal soil health outcomes relating to
organically produced agricultural products to the purposes
for which grants may support activities under the program. It
reauthorizes appropriations through fiscal year 2023, and
increases mandatory CCC funding to $30 million for each of
fiscal years 2019 through 2023. (Section 7209)
The Senate amendment is similar to the House bill except it
increases mandatory CCC funding to: $40 million in each of
fiscal years 2019 and 2020; $45 million for fiscal year 2021;
and $50 million for fiscal year 2022 and each fiscal year
thereafter. (Section 7210)
The Conference substitute adopts the Senate provision with
an amendment making technical changes and providing mandatory
CCC funding of $20 million in each of fiscal years 2019 and
2020, $25 million for fiscal year 2021, $30 million for
fiscal year 2022, and $50 million for fiscal year 2023 and
each fiscal year thereafter. (Section 7210)
The Managers recognize that strong investment in organic
research, education, and extension has led to growth in the
organic industry and the discovery of new research that
benefits all farmers, and therefore the conference substitute
includes $395 million in mandatory funding to support organic
research. The Managers have provided permanent funding for
this program to ensure that the program has baseline funding
hereafter. The Managers encourage research funding to be used
to continue development of organic solutions for pest and
disease management, seed breeding, nutrient management, and
improvements in soil health. Organic research is important
for developing plant varieties and animal breeds suitable for
organic farming, advancing ecosystem services and
environmental benefits, creating tools to aid with organic
transition, and addressing other needs to advance organic
production. The Managers acknowledge that research funding is
one of the primary forms of support for organics in the
Agriculture Improvement Act of 2018 so the conference
substitute increases funding beyond the levels in the
Agricultural Act of 2014 to continue development of the
organic market.
The Managers also recognize that Aerated Static Pile (ASP)
composting with energy recovery is an emerging technology for
transforming organic wastes into a stable soil amendment,
while also producing sufficient heat energy for on-site hot
water heating needs. The Managers encourage USDA to continue
to support emerging organic waste management practices.
(28) Farm business management
The House bill amends section 1672D of FACT Act to
reauthorize the program through fiscal year 2023 and clarify
that grants may be made to expand a national farm financial
management database. The House bill also amends the selection
criteria to include prioritization of applications that
collaborate with educational programs, and those that
contribute data to the national farm financial management
database. (Section 7210)
The Senate amendment reauthorizes the program through FY
2023. (Section 7211)
The Conference substitute adopts the House provision.
(Section 7211)
(29) Urban, indoor, and other emerging agriculture production
research, education, and extension initiative
The Senate amendment authorizes competitive research and
extension grants to support research, education, and
extension activities for the purposes of enhancing urban,
indoor, and other emerging agricultural production. Priority
may be given to grant proposals that involve the cooperation
of multiple entities, or States or regions with a high
concentration of or significant
[[Page H10000]]
interest in urban farms, rooftop farms, and indoor production
facilities. The Senate amendment provides $4 million in
mandatory CCC funds for each of fiscal years 2019 through
2023 and authorizes appropriations of an additional $10
million for each of fiscal years 2019 through 2023. It
requires the Secretary to conduct a census of urban, indoor,
and other emerging agricultural production and provides a
separate authorization of an additional $14 million for the
period of fiscal years 2019 through 2021 to carry out this
census. (Section 7212)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments striking the inclusion of assessment of shipping
and transportation impacts on nutritional values for research
under the competitive research and extension grants,
providing $10 million in mandatory CCC funds for fiscal year
2019 to remain available until expended, and making other
technical changes. (Section 7212)
The Managers recognize that methods of agricultural
production are changing and evolving across the country. For
example, agricultural production occurs on vacant land in
urban areas, contributing to economic recovery and creating
opportunities for new farmers. Highly-efficient indoor farms
grow fresh produce in areas near consumers to increase access
to their products year-round. Rooftop agriculture produces
local food and creates new entrepreneurial opportunities in
urban, suburban, and rural areas. The Managers recognize that
these and other emerging agriculture production methods bring
a new generation of farmers and connect consumers to
agriculture. The Managers intend for the Secretary to fund
research, education, and extension that support these efforts
and address the specific research needs and challenges faced
by urban, indoor and other emerging agricultural production
methods.
(30) Centers of excellence at 1890 institutions
The Senate amendment amends section 1673 of FACT Act to
require the Secretary to establish at least three centers of
excellence, each led by an 1890 institution, to focus on one
or more of the following: student success and workforce
development; nutrition, health, wellness, and quality of
life; farming systems and rural prosperity; global food
security and defense; natural resources, energy and the
environment; and emerging technologies. It requires the
Secretary to submit a report to Congress on the resources
invested in and work being done by those centers of
excellence and authorizes $10 million for each of fiscal
years 2019 through 2023. (Section 7213)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments specifying that the Secretary shall recognize at
least three centers of excellence and making technical
changes. (Section 7213)
The Managers encourage the Secretary, through the National
Institute of Food and Agriculture, to consider the views of
the 1890 universities, the 1890 Universities Foundation, and
the National Institute of Food and Agriculture's (NIFA) peer
review systems in determining the appropriate criteria for
recognizing 1890s Centers of Excellence. The process should
ensure that both smaller and larger 1890 universities have an
opportunity to participate in authorized center of excellence
program activities. Funding should be restricted to
programmatic activities, and not include construction
activities.
(31) Assistive technology program for farmers with
disabilities
The House bill reauthorizes appropriations through fiscal
year 2023 for demonstration grants to provide agricultural
education and assistance to individuals with disabilities
engaged in farming or farm-related occupations. It adds
language to clarify that the provision applies to veterans
engaged in farming or farm-related occupations, or who are
pursuing new farming opportunities. (Section 7211)
The Senate amendment reauthorizes appropriations for the
demonstration grants through fiscal year 2023. (Section 7214)
The Conference substitute adopts the House provision.
(Section 7214)
(32) National food safety training
The House bill amends section 405 of the Agricultural
Research, Extension, and Education Reform Act of 1998
(``AREERA'') to reauthorize appropriations of such sums as
necessary for fiscal years 2019 through 2023. The House bill
strikes the prohibition on funding that restricts USDA from
providing additional grant funding once an entity has
received three years of grant funding. (Sections 7300 and
7301)
The Senate amendment amends section 405 by striking ``such
sums as necessary'' and specifying an authorization of
appropriations of $10 million for each of fiscal years 2019
through 2023. (Section 7301)
The Conference substitute adopts the House provision with
an amendment to authorize appropriations of $10 million for
each of fiscal years 2019 through 2023. (Section 7301)
(33) Support for research regarding diseases of wheat,
triticale, and barley caused by fusarium graminearum or
by tilletia indica
The House bill reauthorizes appropriations of $10 million
for each of fiscal years 2019 through 2023. (Section 7303)
The Senate amendment reauthorizes appropriations at an
increased level of $15 million for each of fiscal years 2019
through 2023. (Section 7303)
The Conference substitute adopts the Senate provision with
an amendment restricting grant recipients from using more
than 10 percent of the grant funds for indirect costs.
(Section 7303)
(34) Specialty crop research initiative
The House bill expands the specialty crop research and
extension initiative to include research of ``size-
controlling rootstock systems for perennial crops,''
``emerging and invasive species,'' and ``threats to specialty
crop pollinators,'' among other production practices and
technologies. It reauthorizes appropriations of $100 million
annually through fiscal year 2023. Additionally, the House
bill extends reservation of mandatory funding for the
emergency citrus disease research and extension program and
reauthorizes discretionary funding through fiscal year 2023.
(Section 7305)
Similar to the House bill, the Senate amendment expands the
specialty crop research and extension initiative to include
additional production practices and technologies. (Section
7305)
The Conference substitute adopts the Senate provision.
(Section 7305)
The Managers recognize that the funding for research
programs for specialty crops should generally be made
available to all specialty crops and not include carve-outs
or set-asides for any one particular specialty crop. The
Managers also acknowledge the unique challenges presently
facing the citrus industry in the United States with respect
to HLB and the Asian Citrus Psyllid vector. In direct
response to a joint request from the leadership of the citrus
industry and other specialty crop stakeholders, the Managers
have agreed to establish a Citrus Trust Fund to support the
Emergency Citrus Disease Research and Extension Program for
one additional five-year period. The Managers intend for this
program to address this challenge at this particular time and
do not intend for such program to continue in perpetuity.
The Managers are aware of concerns that prioritizing grants
that are multi-state, multi-institutional, or multi-
disciplinary disproportionately impacts the funding success
of projects for certain commodities grown only in one state.
The Managers encourage the Secretary to take appropriate
steps to ensure that meritorious proposals are not denied
solely because they lack one of the enumerated priorities.
(35) Critical agricultural materials act
The House bill reauthorizes appropriations for fiscal years
2019 through 2023. (Section 7501)
The Senate amendment specifies that hemp, as defined in
section 297A of the Agricultural Marketing Act of 1946, is
eligible for funding under the Critical Agricultural
Materials Act. The Secretary shall conduct, sponsor, promote,
and coordinate basic and applied research for the development
of critical agricultural materials from agricultural crops
having strategic and industrial importance, including for
hemp. The Senate amendment also reauthorizes appropriations
for fiscal years 2019 through FY 2023. (Section 7401)
The Conference substitute adopts the Senate provision.
(Section 7501)
(36) Equity in Educational Land-Grant Status Act of 1994
The House bill amends section 532 of the Equity in
Educational Land-Grant Status Act of 1994 to add to and
update the defined list of 36 tribal colleges as ``1994
Institutions.'' The House bill reauthorizes endowment
funding, capacity-building grants, and research grants for
the 36 tribal colleges for fiscal years 2019 through 2023.
(Section 7502)
The Senate amendment is substantially similar to the House
bill with technical differences.
The Conference substitute adopts the House provision with
an amendment specifying that the effective date for the
updated list shall be the date of enactment. (Section 7502)
(37) Research Facilities Act
The House bill amends the Research Facilities Act by: (1)
amending the definition of ``agricultural research facility''
to strike ``a college, university, or nonprofit institution''
and inserting ``an entity eligible to receive funds under a
capacity and infrastructure program as defined in Section
251(f)(1)(C) of the 1994 Agriculture Reorganization Act'';
(2) requiring proposals to demonstrate that the recipient
entity has the ability and commitment to support the long-
term, ongoing maintenance costs of the facility; and (3)
establishing a program to make competitive grants to assist
in the construction, alteration, acquisition, modernization,
renovation, or remodeling of agricultural research
facilities.
The House bill also reauthorizes appropriations under the
Research Facilities Act through fiscal year 2023 and provides
that funds appropriated remain available until expended. The
House bill prohibits more than 25 percent of the funds under
the Act for a fiscal year to be made available to any single
agricultural research facility and limits an eligible entity
to receiving funds for only one project at a time under the
Act. (Section 7503)
The Senate amendment reauthorizes appropriations under the
Research Facilities Act through fiscal year 2023. (Section
7403)
The Conference substitute adopts the House provision.
(Section 7503)
[[Page H10001]]
(38) Competitive, Special, and Facilities Research Grant Act
(AFRI)
The House bill amends the Competitive, Special, and
Facilities Research Grant Act by adding to the priority
research areas of the Agriculture and Food Research
Initiative the following: (1) soil health; (2) tools that
accelerate research in the use of automation or mechanization
for labor-intensive tasks in crop production and
distribution; and (3) barriers to entry for young, beginning,
socially disadvantaged, veteran, and immigrant farmers and
ranchers. The House bill also makes several amendments to
relieve or impose matching fund requirements for various
research purposes, reauthorizes appropriations through fiscal
year 2023, and increases to 5 percent the amount of
appropriated funds that the Secretary may retain for
administrative costs. (Section 7504)
The Senate amendment adds the following to the priority
research areas: soil health and automation or mechanization
in the production and distribution of specialty crops, with a
focus on labor-intensive tasks. The Senate amendment
authorizes the Secretary to provide grants to carry out
collaboration in biomedical and agricultural research using
existing research models and reauthorizes appropriations
through fiscal year 2023. (Section 7404)
The Conference substitute adopts the House provision with
an amendment striking the changes to matching funds
requirements for various research purposes, which are made in
section 7614, and authorizes the Secretary to provide grants
to carry out collaboration in biomedical and agricultural
research using existing research models. (Section 7504)
The Managers understand in July 2018, the National
Academies of Sciences, Engineering, and Medicine (NASEM)
released its ``Science Breakthroughs to Advance Food and
Agricultural Research by 2030'' consensus report which
identifies five priority research areas essential to
developing a more efficient, resilient, sustainable, and
competitive U.S. agricultural system. The Managers urge the
Secretary to utilize this report to identify opportunities
for additional agricultural research investments directed
towards the Agriculture and Food Research Initiative (AFRI),
NIFA's flagship competitive research program, which sets the
standard for scientific innovation in these fields.
The Dual Purpose with Dual Benefit: Research in Biomedicine
and Agriculture Using Agriculturally Important Domestic
Species is an interagency partnership grants program funded
by the National Institute of Child Health and Human
Development (NICHD) and the USDA. Both the USDA and the
National Institute of Health (NIH) should be commended for
developing this important interagency program. The Managers
strongly urge continuation of this partnership given the
sponsors use of farm animals as dual purpose models to better
understand developmental origins of disease, fat regulation
and obesity, stem cell biology, assisted reproductive
technologies, and infectious diseases, all of which directly
benefit both agriculture and biomedicine. This program also
strengthens ties between human medicine, veterinary medicine,
and animal sciences, which is key to success of the One
Health Initiative.
(39) Extension design and demonstration initiative
The Senate amendment amends the Competitive, Special, and
Facilities Research Grant Act to establish a competitive
grant program to encourage the design of adaptive prototype
systems for extension and education. Eligible entities for
the grant are State agricultural experiment stations and
land-grant colleges and universities. There is an
authorization of appropriations of $5 million for each of
fiscal years 2019 through 2023. (Section 7405)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment specifying that the Secretary shall award grants
each fiscal year and that eligible entities also include a
cooperative extension service and making technical changes.
(Section 7505)
(40) Repeal of review of agricultural research service
The Senate amendment repeals section 7404 of the Farm
Security and Rural Investment Act of 2002 that required the
one-time review of the Agricultural Research Service.
(Section 7408)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7506)
(41) Biomass research and development
The House bill amends section 9008 of the Farm Security and
Rural Investment Act of 2002 by reauthorizing appropriations
for each of fiscal years 2019 through 2023. (Section 7509)
The Senate amendment amends the definition of ``biobased
product'' to include carbon dioxide intended for permanent
sequestration that is a byproduct of certain commercial and
industrial products. It adds an expert in carbon dioxide
capture, utilization, and sequestration to the membership of
the Biomass Research and Development Technical Advisory
Committee. In addition to reauthorizing appropriations for
each of fiscal years 2019 through 2023, the Senate amendment
provides $3 million in mandatory CCC funds for each of fiscal
years 2019 through 2023. (Section 7409)
The Conference substitute adopts the Senate provision with
an amendment striking the $3 million in mandatory CCC funding
for fiscal years 2019 through 2023. (Section 7507)
(42) Reinstatement of District of Columbia Matching
Requirement--Extension
The House bill amends section 209 of the District of
Columbia Public Postsecondary Education Reorganization Act to
reinstate the DC land-grant matching requirement. The
effective date of this provision is October 1, 2018. (Section
7603)
The Senate amendment also reinstates the DC land-grant
matching requirement, with technical differences from the
House bill. (Section 7410)
The Conference substitute adopts the House provision.
(Section 7508)
(43) Enhanced use lease authority program
The House bill amends section 308 of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization
Act of 1994 to transition the lease authority program out of
``pilot'' status, to specify a June 18, 2023 termination date
for the program, and to require periodic reports not later
than June 18, 2019, June 18, 2021, and June 18, 2023. The
House bill also clarifies that the prohibition against public
retail development applies to onsite public retail
development. (Section 7601)
The Senate amendment extends the lease authority to
terminate on a date that is 15 years after the date of
enactment of section 308, and to require a report not later
than 13 years after the date of enactment of section 308.
(Section 7411)
The Conference substitute adopts the House provision with
an amendment striking the clarification for the prohibition
against onsite public retail development, establishing
September 30, 2023 as the termination date of the program,
and requiring a report not later than September 30, 2021.
(Section 7601)
The Managers intend that the enhanced use lease authority
prohibit retail sales on Agricultural Research Service (ARS)
property that generate foot traffic including, but not
limited to, food and clothing stores where customers
physically visit retailers for an exchange of goods and
services.
(44) Transfer of administrative jurisdiction, portion of
Henry A. Wallace Beltsville Agricultural Research Center,
Beltsville, Maryland
The House bill authorizes the Secretary of Agriculture to
transfer a parcel of real property at the Henry A. Wallace
Beltsville Agricultural Research Center to the administrative
jurisdiction of the Secretary of the Treasury for the purpose
of establishment of Bureau of Engraving and Printing
facilities on the parcel and specifies the conditions of the
transfer, including requiring an appraisal by Secretary of
Treasury to determine the fair market value of the parcel.
(Section 7605)
The Senate amendment provides the Secretary of Agriculture
with authority to transfer the same parcel of property to the
Secretary of the Treasury as the House bill. The Senate
amendment also specifies the conditions of the transfer, but
does not include an appraisal requirement. (Section 7412)
The Conference substitute adopts the Senate provision with
an amendment requiring that the Secretary of Agriculture
enter into a binding memorandum of agreement with the
Secretary of Treasury in regard to the responsibilities of
each party for evaluating and, if necessary, remediating any
hazardous materials found at the parcel. (Section 7602)
(45) Foundation for food and agriculture research
The Senate amendment amends section 7601 of the
Agricultural Act of 2014 to require the Board of Directors
for the Foundation for Food and Agriculture Research to
actively solicit and accept any funds, gifts, grants,
devises, or bequests of real or personal property made to the
Foundation, including from private entities. It also requires
that the Foundation post its annual report online and publish
an annual stakeholder notice with a description of
agricultural research priorities for the upcoming fiscal
year. Additionally, the Senate amendment directs the
Foundation to submit to Congress a strategic plan describing
a path for the Foundation to be self-sustaining. The Senate
amendment requires the Secretary, on the date of enactment,
to transfer $200 million of funds from the CCC to the
Foundation, to remain available until expended. (Section
7413)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment. The amendment specifies that the Foundation's
coordination of activities with Federal research and
development programs avoids conflicts at the Department of
Agriculture and requires that the Foundation document its
consultation process with the Secretary and include a summary
in the Foundation's annual report. The substitute provides
that the strategic plan should include a detailed plan for
soliciting additional resources and managing and leveraging
such resources. The Secretary is to transfer $185 million of
funds from the CCC to the Foundation on the date that the
Foundation submits its strategic plan. (Section 7603)
The Managers recognize the work done by the Foundation for
Food and Agriculture Research (FFAR) to leverage private
funding, matched with federal dollars to support public
agricultural research. It is the Managers' intent that FFAR
continue to plan for long-term self-sustainability through
comprehensive strategic planning, ongoing public outreach,
and donor solicitation.
The Managers intend for the FFAR to foster public-private
partnerships among the agricultural research community,
including federal agencies, academia, non-profit
organizations, corporations and individual donors to identify
and prioritize the most pressing needs facing agriculture.
The Managers are aware that FFAR is organized and operated
exclusively for charitable, educational, and scientific
purposes as a nonprofit corporation consistent with section
501(c)(3) of the Internal Revenue Code. As such, no
substantial part of its activities may be to attempt to
influence legislation.
FFAR has received funding provided by the Federal
Government. The Managers direct
[[Page H10002]]
that FFAR have in place management and recordkeeping systems
to ensure that no Federal funds are used to carry out any
activity to attempt to influence legislation. The Managers
expect that FFAR will provide any such records to the
Committee on Agriculture of the House of Representatives or
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, upon request.
(46) Assistance for forestry research under the McIntire-
Stennis Cooperative Forestry Act
The Senate amendment amends section 2 of the McIntire-
Stennis Cooperative Forestry Research Act to include 1994
Institutions that offer an associate's degree or a
baccalaureate degree in forestry to be eligible for
assistance for forestry research. (Section 7414)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7604)
(47) Legitimacy of industrial hemp research
The Senate amendment amends section 7606 of the
Agricultural Act of 2014 to require the Secretary to conduct
a study on the hemp research pilot program that includes a
review of the economic viability of the domestic production
and sale of industrial hemp and hemp products, and to submit
a report describing the study to Congress within 120 days.
The provision also repeals the hemp research pilot programs
one year after the Secretary publishes a final regulation
allowing for full-scale commercial production of hemp as
provided in section 297C of the Agricultural Marketing Act of
1946. (Section 7415)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that requires the Secretary to submit a report
describing the study not later than 12 months after the date
of enactment. (Section 7605)
(48) Collection of data relating to barley area planted and
harvested
The Senate amendment directs the National Agricultural
Statistics Service to include New York in the states surveyed
for the table entitled ``Barley Area Planted and Harvested''
in certain reports. (Section 7416)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7606)
(49) Collection of data relating to the size and location of
dairy farms
The Senate amendment requires the Administrator of the
Economic Research Service (ERS) to update the report entitled
``Changes in the Size and Location of US Dairy Farms''
published in September 2007. As part of the update, it
requires that the Secretary include an expanded Table 2
containing the full range of herd sizes detailed in Table 1.
The report shall be updated no later than 120 days after the
date of enactment. (Section 7417)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment specifying that the report shall be updated not
later than 60 days after the 2017 Census of Agriculture is
released. Instead of requiring an expanded Table 2, the
substitute directs that the Secretary, to the maximum extent
practicable, use the same reporting measurement of the full
range of herd sizes in Tables 1 and 2 while protecting the
confidentiality of individual producers. (Section 7607)
(50) Agriculture innovation center demonstration program
The House bill reauthorizes appropriations for the
Agriculture Innovation Center Demonstration Program through
fiscal year 2023. (Section 6502)
The Senate amendment strikes subsection (g) of section 6402
of the Farm Security and Rural Investment Act of 2002 to
eliminate the requirement for the Secretary to use $300,000
to support research on the effects of projects for value-
added agricultural commodities on agricultural producers and
commodity markets. It also authorizes such sums as necessary
to carry out the program. (Section 7418)
The Conference substitute adopts the Senate provision with
an amendment specifying that the Board of Directors for each
Agriculture Innovation Center be composed of a diverse group
of representatives from public and private entities,
including four entities representing commodities produced in
the State and may include a State legislator. The substitute
also strikes the report to Congress and authorizes the
appropriation of $15,000,000 for each of fiscal years 2019
through 2023. (Section 7608)
(51) Smith-Lever community extension program
The Senate amendment amends the Smith-Lever Act to permit
the Secretary to provide competitive grant funding to: (1)
1890 colleges and Tuskegee University; and (2) 1994
Institutions for the Children, Youth, and Families at Risk
program and the Federally Recognized Tribes Extension
Program. The Senate amendment provides that the exception to
the matching funds shall not apply to the competitive grant
funding awarded to a 1994 Institution for the Children,
Youth, and Families at Risk program and the Federally
Recognized Tribes Extension Program. (Section 7419)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments making technical changes and striking the changes
made to the matching funds exception for 1994 Institutions.
(Section 7609)
(52) Grazing lands research laboratory
The House bill amends section 7502 of the Food,
Conservation, and Energy Act of 2008 to extend from 10 to 15
years, the prohibition on declaring Federal land and
facilities at El Reno, Oklahoma as excess or surplus property
or conveying or transferring such land and facilities.
(Section 7411)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 7411)
(53) Farm and stress assistance network
The House bill amends section 7522 of the Food,
Conservation, and Energy Act of 2008 to reauthorize such sums
as necessary for each of fiscal years 2019 through 2023. The
House bill requires ``consultation'' as opposed to
``coordination'' with the Secretary of Health and Human
Service, clarifies that grants may be used to train
individuals who may assist farmers in crisis, makes Indian
tribes eligible for grants, and requires a review of the
program within two years after the first grant is awarded.
(Section 6003)
The Senate amendment authorizes the appropriation of $10
million for each of fiscal years 2019 through 2023. It
clarifies that grants may be used for training programs and
workshops for advocates and other individuals who may assist
farmers in crisis. The Senate amendment authorizes grants to
be used to enter into contracts with community-based, direct-
service organizations to initiate, expand, or sustain
programs and not later than one year after the date of
enactment, requires a report by the Secretary of Agriculture,
in coordination with the Secretary of Health and Human
Services, describing the state of behavioral and mental
health in farmers and ranchers. (Section 7511)
The Conference substitute adopts the Senate provision with
an amendment making Indian tribes eligible for grants.
(Section 7412)
The Managers recognize with the inclusion of this provision
that farmers and individuals who work in agriculture face
highly stressful working conditions, which can contribute to
serious behavioral health concerns, especially during
downturns in the farming economy. Historically, there have
been efforts to address these concerns, including through
programs characteristic of the 1980s farm crisis and
recognition of this issue in the Food, Conservation, and
Energy Act of 2008.
The Managers recognize that in the absence of federal
support for such efforts, state and local organizations have
worked to address behavioral health concerns among those who
work in agriculture. The Managers emphasize the importance of
moving quickly to get the Farm and Ranch Stress Assistance
Network operating effectively, given current conditions in
the farming economy. The Managers intend that priority be
given to grantees with demonstrated experience and those that
intend to collaborate with organizations focused on
behavioral health concerns, including non-profit
organizations.
The Managers intend for this provision to facilitate the
development and positive impact of a nationwide network
accessible to all farmers and individuals who work in
agriculture and that priority be given to grantees with this
capability, including the State cooperative extension
services.
The Managers direct that USDA and the Department of Health
and Human Services examine the problem of occupational stress
among farmers and individuals who work in agriculture to
develop a long-term strategy and response.
(54) Mechanization and automation for specialty crops
The Senate amendment requires that not later than 180 days
after the enactment of the Agriculture Improvement Act of
2018, the Secretary conduct a review of programs at the
Department of Agriculture that affect the production or
processing of specialty crops, and develop and implement a
strategy to accelerate the development and use of automation
and mechanization in the production or processing of
specialty crops. (Section 7514)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 7610)
The Managers note that labor availability is one of the
most critical challenges facing the labor-intensive specialty
crop sector both in the short and long term. Committee
hearings in Washington, D.C. and field hearings around the
country have documented the need for proper solutions for
mechanization challenges. The Managers therefore request the
research agencies in the USDA more vigorously fund this vital
research priority through their respective programs.
(55) Experienced services program
The Senate amendment amends section 1252 of the Food
Security of 1985 to rename the ACES program the Experienced
Services Program. It expands the program to include
technical, professional, and administrative services for the
research, education, and economics mission area at USDA.
(Section 12305) The Senate amendment also terminates the
authority in section 1252 effective on October 1, 2023.
(Section 2408)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provisions with
an amendment making technical changes. (Section 7611)
[[Page H10003]]
(56) Functions and duties of the Under Secretary for
Research, Education, and Economics
The House bill amends section 251 of the Department of
Agriculture Reorganization Act of 1994 to add to the
functions of the Under Secretary for research, education, and
economics the requirement to ensure that agricultural
economics and statistical programs are effectively
coordinated and integrated and that such programs, along with
agricultural research, education, and extension programs,
address the priority research areas of the Agriculture and
Food Research Initiative. (Section 7602)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(57) Farmland tenure, transition, and entry data initiative
The House bill directs the Secretary to collect and report
annually data and analysis on farmland ownership, tenure,
transition, and entry of beginning farmers or ranchers. It
authorizes appropriations of $2 million each fiscal year for
fiscal years 2019 through 2023. (Section 7604)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(58) Simplified plan of work
The House bill amends the requirements for the submission
of plans of work by land-grant institutions with respect to
the use of formula funds and state matching funds under the
Hatch Act, Smith-Lever Act, and similar formula funds
provided to the 1890 land-grant universities. It provides
that the procedures of such plans of work are not subject to
audits to determine their sufficiency. (Section 7606)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that strikes the changes with respect to audits.
(Section 7612)
The Managers expect that implementation of this section
will result in a more streamlined, concise, and less
burdensome plan of work. The Managers encourage the Secretary
to engage land-grant institutions in the implementation of
this section.
(59) Time and effort reporting exemption
The House bill exempts entities receiving certain funds
from time and effort reporting requirements under part 200 of
title 2 of the Code of Federal Regulations with respect to
the use of such funds. (Section 7607)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendments requiring that the Secretary consult with the
Office of Management and Budget in reviewing and revising the
time and effort reporting requirements and that such
revisions reduce the amount of paperwork and time required
under the current reporting requirements. (Section 7613)
The Managers are concerned that administratively, land-
grant capacity funds have burdensome reporting requirements.
Land-grant capacity funding, provided via a statutory
formula, requires matching funds from the states and is
further supported by local funding, enabling institutions to
sustain research capabilities and extension operations in a
manner that reflects the direct input of local
constituencies. The Managers note that recipients of capacity
funds operate under various levels of oversight and
accountability, including state and local governments,
leadership within the colleges of agriculture, leadership
within the university institutions, and most importantly, the
local constituencies they serve. The Managers encourage USDA
to consider these factors while reviewing and revising
current reporting requirements.
The Managers encourage the administration to consider
granting an exemption as outlined in 2 CFR 200.102 to land-
grant capacity funds. The Managers direct the Administration
to work with the land-grant entities who receive capacity
funds, including representatives of 1862, 1890, and
Cooperative Forestry Institutions, in the implementation of
this section.
(60) Public education on biotechnology in food and
agriculture sectors
The House bill requires the Secretary, in consultation with
the Secretary of Health and Human Services, the Secretary of
Education, and other appropriate persons and organizations,
to develop and carry out a national science-based education
campaign to increase public awareness regarding the use of
technology in food and agriculture production. (Section 7608)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(61) Matching funds requirement
The House bill amends section 1492 of NARETPA by removing
competitive grants awarded under the Competitive, Special,
and Facilities Research Grant Act from among those covered by
the matching requirements under section 1492. (Section 7130)
The Senate amendment repeals section 1492 and reinstates
the matching requirements in place prior to the Agricultural
Act of 2014 for competitive grants awarded by the Secretary
under: (1) NARETPA; (2) Title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990; (3) the Agricultural
Research, Extension, and Education Reform Act of 1998; (4)
Part III of subtitle E of title VII of the Food,
Conservation, and Energy Act of 2008; or (5) the Competitive,
Special, and Facilities Research Grant Act. (Section 7601)
The Conference substitute adopts the Senate provision.
(Section 7614)
The Managers intend to remove the universal matching
requirement for competitive grants established in the
Agricultural Act of 2014.
(62) Research and extension funding equity for recently
designated 1890 institutions
The House bill amends section 1444 and 1445 of NARETPA to
provide that any institution designated as an eligible 1890
institution on or after September 30, 1999 shall be deemed to
have been designated as an eligible institution on or before
September 30, 1978, and thus eligible for a proportional
share of the 1890 extension and research formula funds
allocated among institutions designated as such prior to
September 30, 1978. (Section 7113)
The Senate amendment amends section 1444 of NARETPA to add
a new subsection (a)(5) authorizing additional appropriations
for one of fiscal years 2019, 2020, 2021, or 2022 to ensure
that an eligible institution receiving a distribution of
funds under this section for that fiscal year receives not
less than the amount of funds received by that eligible
institution under this section for the preceding fiscal year.
It also requires that for 1 of fiscal years 2019, 2020, 2021,
or 2022, if the 1890 formula would result in a distribution
of less than $3,000,000 to an eligible institution that first
received funds under this section after the date of enactment
of the Agricultural Act of 2014 for a fiscal year, that
institution shall receive a distribution of $3,000,000 for
that fiscal year; however, it provides that this requirement
only applies if additional amounts are appropriated under the
new subsection (a)(5) for the prior fiscal year. The Senate
amendment amends section 1445 of NARETPA in a similar manner.
(Section 7602)
The Conference substitute adopts the Senate provision with
amendments. The amendments establish a minimum additional
funding amount for eligible entities in the fiscal years
following certain eligible entities' qualification for $3
million. If there are insufficient funds appropriated for
section 1444 or section 1445 to continue the minimum
additional funding amounts for eligible institutions, the
substitute provides for a reduction in allocations made to
eligible institutions. (Section 7115)
Additional Report Language
The Managers recognize the importance of the aerial
application of pest control tools. These tools are useful not
only to ensure overall food safety and food security, but
also to promote public health through improved mosquito
control techniques. The ARS Aerial Application Technology
Program conducts innovative research making aerial
applications more efficient, effective, and precise. This
program has yielded more effective public health control
programs, as well as increased efficiencies and greater crop
production. Research for aerial application serves the public
interest as a vital tool for the future.
The Managers recognize the statutory intent of the Food and
Agriculture Service Learning Program is to fund projects that
deliver experiential learning on food, agriculture, and
nutrition education that require significant investments in
human capital and evidence-based programming. As such, the
Managers encourage NIFA to maximize grant size to ensure
meaningful outcomes and robust evaluation. The Managers
recognize the importance of community service partnerships
for developing and implementing experiential food, nutrition,
and farm-to-school curricula. The Managers encourage NIFA to
coordinate with other federal agencies engaged in national
community service programs when administering the Food and
Agriculture Service Learning Program.
USDA is the federal government's primary agency charged
with promoting good nutrition and the delivery of food
assistance to Americans of all ages. There is strong evidence
that nutrition plays a vital role in how a person ages. The
U.S. has a rapidly aging population. Research into nutrition
benefits aging Americans by keeping them active longer,
delaying or reducing the effects of chronic illnesses and
obesity, and reducing health care costs for such diseases.
The ARS provides critical support for human nutrition
research through its nutrition research centers. The Managers
support the investment in human nutrition research,
especially as it affects the aging population, and expects
ARS to continue strong support for nutrition research and
existing centers.
Title VIII--Forestry
(1) State and private forest landscape-scale restoration
program
The House bill subsection (a) of the new program enumerates
the purpose of the program as supporting activities that
result in improvements to public benefits derived from State
and private forest land; subsection (b) provides for the
relevant definitions; subsection (c) establishes the program
that provides financial and technical assistance for projects
that maintain or improve benefits to trees and forests on
land; subsection (d) enumerates the requirements
[[Page H10004]]
under the program; subsection (e) requires the Secretary to
establish a measurement tool to quantify the results of
projects; subsection (f) allocates funding for projects
equally between a national competitive process and to States;
subsection (g) requires that the allocation through the
competitive process maximize the achievement of the objects
of the program as well as requires the submission of
proposals to the Secretary to be considered for the
competitive process and subsection (h) requires the Secretary
to submit a report to Congress. Subsection (i) authorizes
$10,000,000 to carry out the program for each of fiscal years
2019 through 2023, to remain available until expended.
(Section 8104)
The Senate amendment establishes a competitive grant
program for financial and technical assistance to encourage
collaborative, science-based restoration of priority forest
landscapes. The program requires collaboration and
consultation regarding the identification of other applicable
resources towards landscape-scale restoration. The provision
authorizes $20 million to be appropriated toward these grants
each fiscal year through 2023, to remain available until
expended, deposited in the ``State and Private Forest
Landscape-Scale Restoration Fund''. (Section 8101)
The Conference substitute adopts the Senate amendment.
(Section 8101)
The Managers include reforms to the Landscape Scale
Restoration program. The Managers direct the U.S. Forest
Service to administer this program as a competitively awarded
grant program to carry out science based, landscape-scale
restoration work. The Managers recognize the importance of
conducting landscape-scale restoration on both state and
private land in cross boundary work. The Managers also
encourage the U.S. Forest Service to coordinate with the
Natural Resources Conservation Service, State Foresters, and
other stakeholders on an ongoing basis regarding the
administration and identification of other applicable
resources for landscape-scale restoration.
(2) Repeal of recycling research
The Senate amendment repeals the wood fiber recycling
research program. (Section 8201)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8201)
(3) Repeal of forestry student grant program
The Senate amendment repeals the forestry student grant
program. (Section 8202)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8202)
(4) Repeals
The Senate amendment repeals the study on reforestation and
improved management in section 2410 of the Global Climate
Change Prevention Act of 1990. (Section 8301)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8301)
(5) Promoting cross-boundary wildfire mitigation
The House bill authorizes cross-boundary wildfire
mitigation under certain circumstances, authorizes the
Secretary to use other related authorities for projects,
directs interagency cooperation and encourages the Secretary
to use certain excess funds towards these projects, including
through grants to state foresters, capped at the greater of
either 20 per cent of the excess or $20 million. The bill
provides that only laws and regulations that apply to non-
federal land apply to a project. (Section 8332)
The Senate amendment authorizes cross-boundary hazardous
fuel projects, defines certain terms, authorizes grants to
state foresters, authorizes the Secretary to use other
related authorities for grant projects, directs interagency
cooperation and authorizes $20 million in appropriations for
each of FY 2019 through 2023. (Section 8401)
The Conference substitute adopts the Senate amendment.
(Section 8401)
The Managers recognize the risks of catastrophic wildfire
to life, property, and infrastructure and have consequently
provided several new authorities, including this authority to
promote cross-boundary wildfire mitigation, to the Forest
Service to address the threat of wildfire and promote
restoration of Federal and non-Federal land. The Managers
expect the Department of Agriculture to utilize this and
other new authorities in an expeditious manner in order to
ensure the restoration of Federal and non-Federal land and to
address the threat of catastrophic wildfire.
(6) Authorization of appropriations for hazardous fuel
reduction on federal land
The Senate amendment amends section 108 of the Healthy
Forests Restoration Act of 2003 and reauthorizes the
hazardous fuel reduction on Federal land program at $660
million annually through FY 2023. (Section 8402)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8402)
(7) Repeal of biomass commercial utilization grant program
The Senate amendment amends section 203 of the Healthy
Forests Restoration Act of 2003 to repeal the Biomass
Commercial Utilization Grant program. (Section 8403)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8403)
(8) Water source protection program
The Senate amendment establishes the Water Source
Protection Program to carry out forest restoration projects
at watershed levels on National Forest System (NFS) land. It
authorizes the use of partnership agreements with non-Federal
partners to carry out activities and provides an
authorization of appropriations of $10 million annually
through FY2023. (Section 8404)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8404)
(9) Watershed condition framework
The Senate amendment requires the Secretary of Agriculture,
acting through the Chief of the Forest Service, to establish
and maintain a watershed condition framework for NFS land.
(Section 8405)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification that authorizes the Secretary to establish and
maintain a watershed condition framework. (Section 8405)
(10) Authorization of appropriations to combat insect
infestations and related diseases
The Senate amendment makes various modifications to section
406 of the Healthy Forests Restoration Act of 2003 and
provides a termination of effectiveness on Oct. 1, 2023.
(Section 8406)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8406)
(11) Authorization of appropriations for designation of
treatment areas
The Senate amendment amends section 602 of the Healthy
Forests Restoration Act of 2003 and eliminates the
authorization of appropriations for insect and disease
treatment areas. (Section 8408)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8408)
(12) Administrative review of collaborative restoration
projects
The House bill directs the Secretary to initiate a
rulemaking to clarify that the following project
characteristics do not need to be examined as part of
determining whether extraordinary circumstances preclude a
Categorical Exclusion (CE) under National Environmental
Policy Act (NEPA); whether a project is within a proposed
wilderness area; whether a project impacts a Forest Service
sensitive species; the cumulative impact of a project when
added to other past, present, and reasonably foreseeable
future actions; whether a project may affect, but is not
likely to adversely affect, a listed species or designated
critical habitat; and whether a project may affect, and is
likely to adversely affect, a listed species or designated
critical habitat, if the project is in compliance with the
applicable provisions of the biological opinion. It
eliminates the requirement to perform an environmental impact
statement for all projects that would substantially alter a
potential wilderness area. The bill requires that the
rulemaking be completed within 120 days of enactment.
(Section 8503)
The Senate amendment requires the Secretary to apply
extraordinary circumstances to section 603 of the Healthy
Forests Restoration Act of 2003. (Section 8409)
The Conference substitute deletes both provisions.
(13) Repeal of revision of strategic plan for forest
inventory and analysis
The Senate amendment amends section 8301 of the
Agricultural Act of 2014 and repeals the authority that
provided for a one-time revision of strategic plan for forest
inventory and analysis. (Section 8501)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8501)
(14) Semiarid agroforestry research center
The Senate amendment amends section 1243(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 and extends
the authority for the semiarid agroforestry research center
through 2023. (Section 8502)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8502)
(15) Conveyance of forest service administrative sites
The Senate amendment amends section 503(f) of the Forest
Service Facility Realignment and Enhancement Act of 2005 and
reauthorizes the authority for the Forest Service to convey
administrative sites through 2023. (Section 8504)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8504)
(16) Definitions
The House bill defines certain terms. (Section 8301)
The Senate amendment defines the terms ``National Forest
System'' and ``public land''. (Section 8601)
The Conference substitute adopts the House definition of
``National Forest System''. (Section 8601)
The Managers intend that forest management activities means
that a project carried out by the Secretary of Agriculture or
the
[[Page H10005]]
Secretary of Interior on National Forest System lands or
public lands be conducted consistent with applicable land
management plans, including any applicable Roadless Area
Management Rules (36 CFR 294).
(17) Categorical exclusion for greater sage-grouse and mule
deer habitat
The Senate amendment authorizes the development and use of
a categorical exclusion (CE) for both the Secretary of
Agriculture, with respect to NFS land, and the Secretary of
the Interior, with respect to public land, for certain forest
management activities with the primary purpose of protecting,
restoring, or improving habitat for the greater sage-grouse
or mule deer. Projects through this authority must be
developed and implemented through a collaborative process and
based on the best available scientific information. The
authority establishes a cap of 3,000 acres for projects
utilizing the categorical exclusion. (Section 8611)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification to raise the acreage cap to 4,500 acres.
(Section 8611)
(18) Additional authority for sale or exchange of small
parcels of national forest system land
The Senate amendment renews authority to the Forest Service
to dispose of small parcels of land in a manner to enhance
the respective National Forest through new recreational
access or acquisitions. It authorizes funds derived from any
sale or exchange under this authority to be expended for,
among other purposes, the acquisition of land or interest in
the state from which the sale originated. (Section 8621)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8621)
(19) Forest service participation in aces program
The Senate amendment amends section 8302 of the
Agricultural Act of 2014 and provides a termination of
effectiveness for the use of the authority in 2023. (Section
8622)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8622)
(20) Authorization for lease of forest service sites
The Senate amendment expands authority to allow the Forest
Service to lease unused administrative sites. (Section 8623)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications that do not include authority for cash
consideration and a prohibition on certain cash payments.
(Section 8623)
(21) Good neighbor authority
The House bill authorizes counties and Indian Tribes to
enter into good neighbor agreements. (Section 8331(2))
The Senate amendment authorizes to tribes and counties to
enter into good neighbor agreements, and exempts payments
made by counties from being considered as made by the Forest
Service or Bureau of Land Management lands. (Section 8624(2))
The Conference substitute adopts the House provision with
an amendment regarding the treatment of timber sale revenue.
(Section 8624)
The Managers expanded Good Neighbor Authority to authorize
Indian tribes and counties to participate. As required by the
underlying authority, the Managers expect that the non-
Federal entity--whether it be a Governor, County, or tribe--
participating in future Good Neighbor agreements undertake
restoration activities on non-Federal land in addition to
``similar and complementary'' restoration activities on
Federal land under the program.
(22) Wildland-urban interface
The Senate amendment prioritizes the use of funds for
hazardous fuels reduction projects within the wildland-urban
interface. (Section 8625)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(23) Chattahoochee-Oconee national forest land adjustment
The Senate amendment authorizes USDA to sell or exchange
any or all interest of the United States in 30 tracts NFS
land in Georgia totaling approximately 3,841 acres. (Section
8626)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8625)
(24) Tennessee wilderness
The Senate amendment designates specified federal lands in
the Cherokee National Forest in Tennessee as wilderness and
as additions to the National Wilderness Preservation System.
(Section 8627)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8626)
(25) Additions to Rough Mountain and Rich Hole wildernesses
The Senate amendment designates specified lands in the
George Washington National Forest in Virginia as part of the
Rough Mountain Wilderness area, and the Rich Hole Wilderness
area and adds those lands to the National Wilderness
Preservation System. (Section 8628)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(26) Kisatchie national forest land conveyance
The Senate amendment authorizes USDA to sell specified
federal land in Winn Parish, Louisiana and requires USDA to
sell a portion of that land to Collins Camp Properties for
the Collins Campsites. (Section 8629)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8627)
(27) Purchase of natural resources conservation service
property, Riverside County, California
The Senate amendment directs USDA to sell and quitclaim all
right, title, and interest of the United States in and to a
parcel of real property located in Riverside, California,
administered by the Natural Resources Conservation Service,
to the Riverside Corona Resource Conservation District.
(Section 8630).
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8628)
(28) Collaborative forest landscape restoration program
The House bill authorizes the Secretary to waive the 10-
year eligibility requirement for a restoration proposal when
selecting proposals. The bill strikes the time limit of 10
fiscal years regarding expenditures from the fund for any 1
proposal. It also authorizes appropriations at $40 million
for each fiscal year 2018 through 2023. (Section 8509)
The Senate amendment authorizes appropriations at $80
million for each fiscal year 2018 through 2023. The amendment
adds the House and Senate Agriculture Committees to the
reporting requirement. (Section 8631)
The Conference substitute adopts the Senate amendment with
a modification that authorizes both a waiver authority and
waiver limitation. (Section 8629)
Following enactment of this Act, the Managers expect the
Secretary to initiate the process to receive new nominations
and select new projects under this reauthorized authority
with the expanded authorization for appropriations. With the
advice of the advisory panel, as required in section 4003 of
Public Law 111-11, the Managers expect that the additional
$40 million made available through this section should enable
the Secretary to select and fund not less than 10 new
projects under the program.
(29) Utility infrastructure rights-of-way vegetation
management pilot program
The House bill requires the Secretary to establish a
limited, voluntary pilot program to conduct vegetation
management projects on NFS land adjacent to or near rights-
of-way. (Section 8502)
The Senate amendment authorizes the Secretary to establish
a limited, voluntary pilot program to conduct vegetation
management projects on NFS land adjacent to or near rights-
of-way and changes the liability standard to which utilities
are held when operating on NFS lands. (Section 8632)
The Conference substitute adopts the Senate amendment with
modifications to the establishment of the pilot program,
including the authorization for vegetative management
projects, liability, a clarification regarding compliance
with other existing laws and requiring a report to relevant
Congressional committees. (Section 8630)
(30) Okhissa lake rural economic development land conveyance
The Senate amendment directs the Secretary of Agriculture
to convey 150 acres within the Homochitto National Forest in
Mississippi for the purpose of rural economic development.
(Section 8633)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8631)
(31) Prairie dogs
The Senate amendment requires the Secretary of Agriculture
to conduct a report on the impact of prairie dogs on grazing
allotments and requires the Forest Service to take
appropriate actions based upon the report within 1 year.
(Section 8634)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(32) Wood innovation grant program
The House bill requires the Secretary to establish a
competitive grant program, the ``Community Wood Energy and
Wood Innovation Program''. It authorizes $25 million in
appropriations for each fiscal year 2019 through 2023.
(Section 8106)
The Senate amendment provides direction to the Secretary
regarding the wood innovation grant program described in the
notice 80 Fed. Reg. 63498 (Oct. 20, 2015). (Section 8643)
The Conference substitute adopts both the Senate amendment
and the House provision with an amendment that modifies the
definition of a community wood energy system, and adds
selection criteria as well as a priority component. (Sections
8643 and 8644)
(33) Remote sensing technologies
The Senate amendment requires the Chief of the Forest
Service to find efficiencies in the operations of the forest
inventory and analysis program through the use and
integration of advanced remote sensing technologies to
provide estimates for state and national level inventories.
(Section 12621)
[[Page H10006]]
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 8632)
The Managers urge the Forest Service to continue to find
efficiencies in program operations through the use of remote
sensing technologies where appropriate, as well as partnering
with states and other interested stakeholders to deliver
programs.
(34) Support for state assessments and strategies for forest
resources
The House bill amends section 2A(f)(1) of the Cooperative
Forestry Assistance Act of 1978 by reauthorizing the funding
for the required state assessment through 2023. (Section
8101)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 8101)
The Managers are concerned about the projected loss of
private forestland in the United States, as detailed in the
Resources Planning Act Assessment and regional analyses such
as the Northern and Southern Forest Futures Reports, and
associated loss of societal benefits such as clean air and
water, wildlife habitat, jobs and forest products, and more.
The Managers direct the Secretary, working through the Forest
Resource Coordinating Committee, to develop a National
Reforestation Initiative that addresses the threats to
private forest retention. Within 24 months from the date of
enactment of this Act, the Managers urge the Forest Resource
Coordinating Committee to generate a strategic plan for the
initiative to include relevant USDA programs that promote
``Keeping Forests as Forests'' and incentivize reforestation
within priority areas identified in the Forest Service
Resources Planning Act and Statewide Forest Resource
Assessments and Strategies.
(35) Forest legacy program
The House bill amends section 7 of the Cooperative Forestry
Assistance Act of 1978 by removing the authorization of
appropriations of ``such sums as necessary'' and authorizing
$35,000,000 for each of fiscal years 2019 through 2023.
(Section 8102)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(36) Community forest and open space conservation program
The House bill amends section 7A of the Cooperative
Forestry Assistance Act of 1978 by removing the authorization
of appropriations of ``such sums as necessary'' and
authorizing $5,000,000 for each of fiscal years 2019 through
2023. (Section 8103)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(37) Rural revitalization technologies
The House bill amends section 2371(d)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to
reauthorize the Rural Revitalization Technologies Program at
the current level of $5,000,000 through FY 2023. (Section
8105)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 8701)
(38) Healthy forests restoration act of 2003 amendments
The House bill authorizes an additional program purpose. It
requires that land be private forest land or private land
being restored to forest land in its eligibility
requirements. It adds a species deemed to be of greatest
conservation need by a State wildlife action plan. The bill
adds an additional enrollment consideration. It strikes
limitations on funds used for easements and cost-share
agreements. It authorizes permanent easements to be used
separately or in combination with other enrollment options.
The bill adds species of greatest conservation need, as
identified in State wildlife action plans, to the Secretary's
list of enrollment priority considerations in Section 502(f)
of the Statute. It requires the restoration plan to require
specific practices and measures to restore and enhance
habitat for species described in section 502(b) in the
statute. It authorizes the Secretary to carry out priority
projects to reduce insect or disease infestation or hazardous
fuels. It strikes the public notice date limitation. The bill
requires a project to be conducted in accordance with section
602(d)(1). It limits project size to 6,000 acres. It subjects
the use of monies to paragraph (3)(A) in the statute. The
bill provides that in-kind resources not be considered monies
received from the NFS or the public lands, but payments made
by a contractor shall be considered monies received from the
NFS or the public lands. (Section 8107)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that authorizes a new purpose for the Healthy
Forests Reserve Program, amends eligibility for enrollment,
authorizes a new enrollment consideration, strikes a
limitation on the use of an easement, provides new
authorities for the enrollment of acreage owned by Indian
Tribes, provides for new enrollment priorities, and amends
the requirements for restoration plan practices. The
amendment also extends the authority for insect and disease
infestation and authorizes the reduction of hazardous fuels
as a purpose. (Section 8407)
The Managers make improvements to the Healthy Forests
Reserve Program. The Managers were concerned that duplicative
approval requirements outside of initial approval and annual
monitoring for management practices in the Healthy Forests
Reserve Program may be impeding the ability of landowners to
successful use the program to its fullest environmental
benefit. The Managers direct the Natural Resources
Conservation Service to work with landowners to streamline
the process around management practices, ensuring that
landowners participating in the program are not required to
seek approval for individual actions taken under their NRCS-
approved restoration plans.
Additionally, the Managers intend that when designing
restoration projects using the Healthy Forests Restoration
Act of 2003 or under other authorities authorized in the
Forestry title, the Secretary consider opportunities to
restore sustainable recreational infrastructure or access, or
to accomplish other recreation outcomes, where such
opportunities are compatible with the primary restoration
purpose(s) of the project.
(39) Inclusion of invasive vegetation in designated treatment
areas
The House bill amends section 602 of the Healthy Forests
Restoration Act of 2003 by including in the designation of
treatment areas forests that experience invasive vegetation.
(Section 8109)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(40) Use of reserved funds for title II projects on federal
land and certain non-federal land
The House bill amends section 204(f) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to
require 50% of Title II funds be spent on projects which
include sale of forest products and meet land management
objectives. (Section 8201)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(41) Resource advisory committees
The House bill amends section 205(a)(4) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to
extend Title II Resource Advisory Committee (RAC) functions,
membership through fiscal year 2023. It amends section 205(d)
of the Secure Rural Schools and Community Self-Determination
Act of 2000 to reduce the membership of RACs from 15 to 9 and
to reduce the members that are representative of community
interests from 5 to 3. The bill adds a requirement for
members of the RAC to reside in the county or adjacent county
where the RAC has jurisdiction. It allows for a designee of
the Secretary to perform certain functions. (Section 8202)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
modifications authorizing RAC waiver authority and creating a
Regional Appointment Pilot Program. (Section 8702)
The Managers addressed membership challenges facing
Resource Advisory Committees (RACs) by bringing requirements
more in line with achievable benchmarks. The Managers note
that RACs are under-utilized across the country and encourage
the Forest Service to highlight the new requirements in
outreach to interested communities. In addition, the Managers
intend for the Forest Service to proceed with the RAC re-
charter process and member nominations immediately so they
will be fully functioning when reauthorized.
(42) Program for Title II self-sustaining resource advisory
committee projects
The House bill amends Title II of the Secure Rural Schools
and Community Self-Determination Act of 2000 by authorizing
the Chief of the Forest Service to choose ten RACs that may
retain revenue from projects to fund future projects that
accomplish forest management objectives. (Section 8203)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(43) Rule of application for national forest system lands and
public lands
The House bill is a rule of application, limiting the
application of the authorities provided by subtitle C to NFS
or public lands that are not in the National Wilderness
Preservation System, within an inventoried roadless area
(unless the forest management activity is consistent with the
applicable forest plan or allowed under the applicable
roadless rule), or land on which timber harvest is prohibited
by Federal law. (Section 8302)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(44) Consultation under the endangered species act
The House bill removes the requirement for consultation
under section 7 of the Endangered Species Act for a project
carried out by the Forest Service if the project is found not
likely to adversely affect a listed species. It allows for an
expedited consultation where the projects conducted under a
CE for which a section 7 consultation is required, the action
is deemed to have complied with the requirements of Section 7
after 90 days. (Section 8303)
[[Page H10007]]
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(45) Secretarial discretion in the case of two or more
categorical exclusions
The House bill clarifies that if a forest management
activity might fall under more than one of the categorical
exclusions, the Secretary has full discretion in determining
which categorical exclusion to apply. (Section 8304)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(46) Categorical exclusion to expedite certain critical
response actions
The House bill authorize the use of CEs for addressing
insect and disease infestation, reducing hazardous fuel
loads, protecting municipal water sources, improving or
enhancing critical habitat, and increasing water yield. It
provides for the availability of CEs under this section. The
bill limits the size of the CEs to 6,000 acres. (Section
8311)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(47) Categorical exclusion to expedite salvage operations in
response to catastrophic events
The House bill authorizes the use of CEs for specific
salvage operations carried out by the Secretary. It provides
for the availability of CEs under this section. The bill
limits the size of the CE to 6,000 acres. It requires that
salvage operations covered by a CE under this section protect
streams and stream buffers as provided in the forest plan.
The bill further requires the development of a reforestation
plan as part of the salvage operation. (Section 8312)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(48) Categorical exclusion to meet forest plan goals for
early successional forests
The House bill authorizes the use of CEs for the
modification, improvement, enhancement, or creation of early
successional forests for wildlife habitat improvement. It
provides for the availability of the CE under this section.
It directs the Secretary to maximize production and
regeneration of priority species in the development of a
forest management activity conducted under this section. The
bill limits the size of the CEs to 6,000 acres. (Section
8313)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(49) Categorical exclusion for hazard trees
The House bill authorizes the use of CEs in order to remove
hazardous trees and salvage timber to protect public safety,
a public water supply, or public infrastructure. (Section
8314)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(50) Categorical exclusion to improve or restore national
forest system lands or public land or reduce the risk of
wildfire
The House bill authorizes the use of CEs for certain
activities when the purpose of those activities is to
improve, restore, or reduce the risk of wildfire on NFS or
public lands. It provides for the availability of CEs under
this section. The bill limits the size of the CEs to 6,000
acres. It provides the pertinent definitions. (Section 8315)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(51) Categorical exclusion for forest restoration
The House bill establishes a CE for certain forest
management activities on NFS lands, including timber harvest,
hazardous fuel reduction, and prescribed burning. It provides
for the availability of CEs under this section. The bill
limits the size of the CEs to 6,000 acres. It provides for
limitations on the building of permanent and temporary roads
under this CE. (Section 8316)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(52) Categorical exclusion for infrastructure forest
management activities
The House bill establishes a CE for certain forest
management activities related to infrastructure on NFS land,
including activities related to roads, bridges, dams, and
other facilities. (Section 8317)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(53) Categorical exclusion for developed recreation sites
The House bill establishes a CE for certain forest
management activities on NFS lands related to the operation,
maintenance, modification, reconstruction or decommissioning
of existing recreation sites. (Section 8318)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(54) Categorical exclusion for administrative sites
The House bill establishes a CE for certain forest
management activities on NFS lands related to the
construction, maintenance, decommissioning, relocation, and
disposal of administrative sites. It provides for the
availability of CEs under this section. The bill provides for
a limitation on roads and pesticide use. It provides a
definition for administrative site. (Section 8319)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(55) Categorical exclusion for special use authorizations
The House bill establishes a CE for certain forest
management activities on NFS lands related to special use
authorizations. It provides for the availability of CEs under
this section. The bill requires the preparation of certain
documents in order to use the CE. (Section 8320)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(56) Clarification of existing categorical exclusion
authority related to insect and disease infestation
The House bill amends section 603(c)(2)(B) of the Healthy
Forests Restoration Act of 2003 to include Fire Regime IV and
V (Lodgepole pine) in the Insect & Disease Categorical
Exclusion included in the 2014 Farm Bill. (Section 8321)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(57) Regulations regarding designation or dead or dying trees
of certain tree species on national forest system lands
in California as exempt from prohibition on export of
unprocessed timber originating from federal lands
The House bill directs the Secretary to issue rulemaking to
determine that unprocessed timber from NFS lands in
California is considered surplus to domestic needs and is
therefore exempt from export prohibitions. It requires the
Secretary to consult with representatives of sawmills in
California and make a reasonable effort to avoid adverse
impacts to the industry. It allows the Secretary to adjust
contract provisions in region 5 of the NFS to carry out this
section. The bill exempts timber harvested under this section
from the limitation of substitution of unprocessed Federal
timber. It provides authority to hire additional staff to
implement the regulations issued under subsection (a). It
requires the regulations to remain in effect for 10 years
with periodic review. The bill provides relevant definitions
for this section. (Section 8333)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(58) Salvage and reforestation in response to catastrophic
events
The House bill provides that an environmental assessment
for a salvage operation or reforestation activity on NFS
lands must be completed within 60 days of a catastrophic
event and at least 75 percent of the impacted land must be
reforested within a 5-year period. The Secretary must also
allow for public comment and objection before implementing a
reforestation activity or salvage operation. Salvage and
reforestation activities must be consistent with the
applicable forest plan. Courts are also prohibited from
issuing preliminary injunctions with respect to salvage or
reforestation activities in response to large scale
catastrophic events. (Section 8334)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(59) Analysis of only two alternatives (action versus no
action) in proposed collaborative forest management
activities
The House bill provides 5 requirements for environmental
assessments or impact statements pursuant to NEPA with
respect to forest management activities and requires they
only consider the forest management activity and the no
action alternative. (Section 8335)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(60) Injunctive relief
The House bill requires courts to balance the impact of the
effect of forest management activity or agency action against
the effects of no action and provides that any preliminary
injunction, or stay pending appeal, of a forest management
activity shall not exceed 60 days. Courts may issue renewals
of any preliminary injunction pending appeal. (Section 8336)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(61) Application of roadless area conservation rule
The House bill provides that 36 CFR 294, or successor
regulations, do not apply to any NFS land in Alaska. (Section
8337)
[[Page H10008]]
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(62) Vacant grazing allotments made available to certain
grazing permit holders
The House bill requires the Secretary to make vacant
grazing allotments available to a holder of a grazing permit
or lease if the lands covered by the permit or lease are
unusable because of natural disaster, court-issued
injunction, or conflict with wildlife. Courts may not issue
any order enjoining the use of any allotment where a permit
or lease has been issued unless the Secretary can make a
vacant grazing allotment available to the holder of the
permit or lease and makes the allotment subject to a CE.
(Section 8338)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(63) Pilot project for forest health, watershed improvement,
and habitat restoration in New Mexico
The House bill establishes a pilot program within the
Lincoln National Forest, Cibola national Forest, and Gila
National Forest to analyze and demonstrate the effectiveness
of various tools and techniques to address concerns on
thinning, watershed improvement, and habitat restoration. The
authority to carry out the program terminates 7 years after
the date of enactment. (Section 8339)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(64) Protection of tribal forest assets through use of
stewardship end-result contracting and other authorities
The House bill provides authority for action by the
Secretary not later than 120 days after the date on which the
Secretary receives a Tribal request. It amends section 2(b)
of the Tribal Forest Protection Act of 2004 by providing
Federal land management agencies up to 120 days to respond to
Tribal request for forest management on agency lands and two
years to complete the analysis. The bill includes conforming
amendments. (Section 8401)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(65) Tribal forest management demonstration project
The House bill gives authority to Indian Tribes to request
to conduct forest management activities on Federal lands
where they have a Tribal interest. (Section 8402)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that authorizes demonstration projects by which
Indian Tribes may contract to perform certain functions of
programs. (Section 8703)
The Managers authorized the Secretary of Agriculture and
Secretary of the Interior to carry out demonstration projects
by which Federally recognized Indian tribes or tribal
organizations may contract to perform functions of the Tribal
Forest Protection Act (25 U.S.C. 3115a et seq.). The Managers
expect these demonstration projects to be evaluated under the
criteria defined in section (c) of that Act (23 U.S5C.
3115a(c)).
(66) No loss of funds for wildfire suppression
The House bill clarifies that nothing in this title or the
amendments made by this title may be construed to limit from
the availability of funds or other resources for wildfire
suppression. (Section 8504)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(67) Technical corrections
The House bill contains technical amendments to the
Wildfire Suppression Funding and Forest Management Activities
Act. (Section 8505)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 8704)
(68) Conveyance of land and improvements to the village of
Santa Clara, New Mexico
The House bill requires the Secretary to convey right,
title, and interest in approximately 1,520 acres of NFS land
to Santa Clara. (Section 8506)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(69) Streamlining the forest service process for
consideration of communications facility location
applications
The House bill requires the Secretary to issue regulations
to streamline the process for considering applications to
locate communications facilities on covered land, ensure the
process is uniform, and require consideration of the
applications be neutral. The Secretary must consider how
discrete reviews can be conducted simultaneously and how to
eliminate overlapping requirements among the organizational
units of the Forest Service with respect to the location or
modification of a communications facility. The bill also
requires the Secretary of the Treasury to establish a special
account for the Forest Service for fees collected under this
section for communications use authorizations. The account
must be available to cover the costs incurred by the Forest
Service as provided in appropriation acts. (Section 8507)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that does not include all the requirements for
the regulations in the original provision. (Section 8507)
(70) Report on wildfire, insect infestation, and disease
prevention on federal land
The House bill requires the Secretaries of Agriculture and
the Interior to submit an annual report to the House
Committees on Agriculture and Natural Resources and the
Senate Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources on the number of acres treated
for wildfire, insect infestation, or disease prevention, the
number of acres categorized as high risk, total timber
production, average fire intensity of wildfires and federal
response time for each fire greater than 25,000 acres.
(Section 8508)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that authorizes several more data points and
information for the report. (Section 8706)
(71) West Fork fire station
The House bill requires the Secretary to convey the West
Fork Fire Station to Dolores County, Colorado without
consideration and any conveyance costs are to be paid by the
County. The section also requires the land be used only for a
fire station and related infrastructure or the land will
revert to the United States. (Section 8510)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 8707)
(72) Competitive forestry, natural resources, and
environmental grants program
The House bill amends section 1232 of the Food,
Agriculture, Conservation, and Trade Act of 1990 by
authorizing the Secretary to award grants for forest
restoration, prioritizing applicants who will use grants for
specific research projects. The bill also includes mandatory
criteria for forest restoration grants as well as criteria
the Secretary must consider when awarding such grants.
(Section 8511)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 8708)
Title IX--Energy
(1) Definitions
The Senate amendment expands the definition of ``biobased
product'' to include ``renewable chemicals,'' and expands the
definition of the term ``biorefinery'' to include facilities
that convert renewable biomass into renewable chemicals, or
an intermediate ingredient or feedstock of renewable biomass
into any one or more, or a combination of biofuels, renewable
chemicals, or biobased products. Further, it amends the term
``Renewable Energy System'' to include systems that produce
usable energy from a renewable energy source including
distribution components necessary to move energy produced by
a system to the initial point of sale, and other ancillary
infrastructure of a system such as storage systems. (Section
9101)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 9001)
(2) Biobased markets program
The House bill prohibits federal agencies from placing
limitations on the procurement of wood and wood-based
products greater than espoused in this section, authorizes to
be appropriated $2 million annually for fiscal year 2014
through fiscal year 2023, and eliminates the mandatory
funding provision. (Section 6402)
The Senate amendment transfers the program from
Departmental Management to the Office of Rural Development.
It instructs the Secretary to update the eligibility criteria
used to determine which renewable chemicals qualify to
receive the ``USDA Certified Biobased Product'' label within
90 days of enactment, establish guidelines for an integrated
and expedited process by which biobased products can be
determined eligible for Federal Procurement preference and
approved for the ``USDA Certified Biobased Product'' label,
and work with the Secretary of the Department of Commerce to
develop North American Industry Classification System (NAICS)
codes for renewable chemical manufacturers and producers of
biobased products. Additionally, the amendment limits other
agencies from imposing procurement limitations more
restrictive than the regulations contained within this
section. It instructs USDA to develop education and outreach
efforts to assist stakeholders in navigating the federal
procurement and voluntary labeling programs found under this
section, authorizes $3 million in appropriations for fiscal
year 2019 through fiscal year 2023, and reauthorizes
mandatory funding at $3 million for each year 2019 through
2023. (Section 9102)
The Conference substitute adopts the Senate provision with
an amendment that extends the amount of time the Secretary
has to update the criteria for determining which renewable
chemicals may qualify to receive the ``USDA Certified
Biobased Product''
[[Page H10009]]
label from ``90'' to ``180'' days and strikes instructions to
USDA to perform education and outreach efforts. (Section
9002)
The Managers support elevating the Biobased Market Program
within the U.S. Department of Agriculture and believe this
program is consistent with the mission of Rural Development.
The Managers urge USDA to establish and promote public-
private partnership frameworks for Biobased Market Program
activities to increase U.S. purchasing of biobased products
that is necessary to growth of the biobased sector.
Allocating funding to support public-private partnerships
would allow biobased manufacturers and allied stakeholders to
identify potential customers--ranging from military bases to
private-sector fleets and facilities--to design and implement
effective outreach. The Managers also encourage USDA to
further promote and give a preference to the procurement of
agricultural biobased products within USDA Rural Development,
including rural housing and rural electrification.
The Managers intend for USDA's implementation of the
integrated qualification process that USDA evaluate within
the year additional standards available for the use of
renewable agricultural resources through standard setting
bodies, including international standards. The Managers
intend that USDA recognize feedstock inputs produced using
biobased mass balance methods, which USDA may accomplish
through the creation of a Biopreferred process label
specifying the percentage of biobased feedstock used.
The Managers intend that USDA continue to develop and
implement education and outreach efforts to assist
stakeholders in navigating the federal procurement and
voluntary labeling programs.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall establish a biobased content
methodology for products produced using biologically recycled
carbon that provides full credit for carbon content from
biological processing of carbon captured from an industrial
source that would otherwise be released into the atmosphere.
The Managers intend for the Biobased Markets Program to
better function through increased transparency, that the
Secretary periodically update Congress on product procurement
trends of federal agencies and their contractors to help
ensure the program is accomplishing its mission.
The Managers believe the Secretary could best implement the
Biobased Markets Program through collaborating with the
Environmental Protection Agency's Administrator on the Safer
Choice label program to provide agency procurement officials
with data on products that are certified biobased and have a
reduced impact on human and environmental health.
(3) Biorefinery assistance
The House bill expands the eligibility of technologies to
those being adopted in a viable commercial-scale operation of
a biorefinery that produces an advanced biofuel or
technologies not previously described that has been
demonstrated to have technical and economic potential for
commercial application in a biorefinery that produces an
advanced biofuel. It maintains authorization of
appropriations at $75 million annually for fiscal year 2014
through fiscal year 2023 and eliminates the mandatory funding
provision and biobased product manufacturing set aside
provision. (Section 6403)
The Senate amendment expands the definition of ``eligible
technologies'' to technologies that produce any one or more
or a combination of advanced biofuels, renewable chemicals or
biobased products. It maintains discretionary funding at $75
million for fiscal year 2014 through fiscal year 2023 and
reauthorizes mandatory funding at $100 million for 2019 and
$50 million for 2020. (Section 9103)
The Conference substitute adopts the Senate provision with
an amendment that provides $50,000,000 in mandatory funding
for 2019 and $25,000,000 for 2020 and maintains an
authorization of appropriations of $75,000,000 through fiscal
year 2023. (Section 9003)
The Managers intend that the program entitled ``Biorefinery
Assistance'', which provides loan guarantees for the
construction and retrofitting of biorefineries, be available
to advanced biofuel, renewable chemical, or biobased product
manufacturing facilities.
The Managers expect the Secretary to implement Section
9003, Biorefinery Assistance as soon as possible in fiscal
year 2019. The Managers intend that the Office of Management
and Budget completes the review of all loan proposals within
30 days of receipt.
The Managers expect the Secretary to ensure that all
biobutanol manufacturers can qualify for the biorefinery
assistance program as an advanced biofuel, regardless of
their feedstock.
(4) Repowering assistance program
The House bill authorizes to be appropriated $10 million
annually for fiscal year 2014 through fiscal year 2023 and
eliminates the mandatory funding provision. (Section 6404)
The Senate amendment repeals section 9004 of the Farm
Security and Rural Investment Act of 2002. (Section 9104)
The Conference substitute adopts the Senate provision.
(Section 9004)
(5) Bioenergy program for advanced biofuels
The House bill modifies the equitable distribution portion
of the program by limiting the amount of payments for
advanced biofuel produced from a single eligible commodity to
not exceed one-third of the total program funding available
in a fiscal year. It authorizes to be appropriated $50
million annually for fiscal year 2019 through fiscal year
2023 and eliminates the mandatory funding provision. (Section
6405)
The Senate amendment amends discretionary funding,
providing $15 million for fiscal year 2019 through fiscal
year 2023. It provides for mandatory funding at $15 million
for each year fiscal year 2019 through fiscal year 2023.
(Section 9105)
The Conference substitute adopts the House provision with
an amendment that authorizes $7,000,000 in mandatory funding
for fiscal years 2018 through 2023 and maintains an
authorization of appropriations in the amount of $20,000,000
for fiscal years 2019 through 2023. (Section 9005)
The Managers urge USDA to utilize the Bioenergy Program for
Advanced Biofuels to make payments equally on all eligible
advanced bioenergy production, replacing the current
structure that provides separate payments for base and
incremental production. Public comments received during the
previous rulemaking process for this program indicated the
current structure creates unnecessary and burdensome record-
keeping requirements. USDA never issued a final rule and the
program continues to operate under an interim final rule with
the existing base and incremental payment structure.
(6) Biodiesel fuel education program
The House bill authorizes to be appropriated $2 million
annually for fiscal year 2019 through fiscal year 2023 and
eliminates mandatory funding for the program. (Section 6406)
The Senate amendment authorizes to be appropriated $2
million annually for fiscal year 2019 through fiscal year
2023. (Section 9106)
The Conference substitute adopts the House provision.
(Section 9006)
The Managers encourage USDA to continue to fund
competitively awarded Biodiesel Education Program grants
through existing annual budgetary accounts.
(7) Rural energy for America program
The House bill maintains an appropriated level of $20
million annually for fiscal year 2014 through fiscal year
2023. It limits mandatory funding to fiscal year 2014 through
fiscal year 2018 and provides a categorical exclusion for
electric generating facilities with a capacity of 10
megawatts or less in the program from having to prepare
environmental assessments or an environmental impact
statement. (Sections 6407 & 6408)
The Senate amendment allows for the purchase and
installation of efficient energy equipment or systems to
qualify for loan guarantees and grants provided under this
section. It strikes the reporting provision enacted in the
Food, Conservation, and Energy Act of 2008. Additionally, the
Senate amendment reauthorizes appropriations at $50 million
for fiscal year 2019 through fiscal year 2023 and maintains
mandatory baseline funding of $50 million per year. (Section
9107)
The Conference substitute adopts the Senate provision with
an amendment clarifying that agricultural producers are
eligible for loan guarantees for the purchase and
installation of energy efficient equipment or systems for
agricultural production or processing, clarifying limitations
on the loan guarantees for energy efficient equipment, and
establishing that total funding for these systems shall not
exceed 15% of the funds available to the program. (Section
9007)
The Managers intend that for loan guarantees made under
Section 9007 (c)(1)(A)(ii) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107), those loans shall be
made to achieve additional energy efficiency beyond what the
producer would otherwise need to install. If the producer is
building a new structure for production purposes, the
additional efficiency should come on top of what would
already be required to make a business case for the project
to be successful. Through guaranteed loans made under
(c)(1)(A)(ii), the purpose and goals of the Rural Energy for
America Program shall be maintained by requiring additional
efficiency above a baseline determined by the requirements
under (c)(1)(A)(ii).
The Managers intend for USDA's determination of
applicability under (c)(1)(B) that USDA compare only such
equipment and systems that perform the same agricultural
production function.
When determining the applicability of (c)(1)(B), the
Managers intend that USDA consider the availability of energy
efficient equipment or systems that could be used in general
for the same purpose. For example, several options exist for
high efficiency lighting equipment that may be used in
agricultural production. However, if an eligible producer
wishes to apply for the loan guarantee to purchase or install
proprietary high efficiency lighting equipment that may also
be used to grow agricultural products, the Secretary shall
consider the proprietary equipment as meeting the obligation
of more than one type of equipment being available.
The Managers recognize that the assorted methods of
renewable electricity generation that qualify for financial
assistance under the Rural Energy for America Program (REAP)
are treated differently regarding whether or not a given
project may qualify for a categorical exclusion from the need
to provide additional documentation under the National
Environmental Policy Act (NEPA).
[[Page H10010]]
Under current regulations solar, wind, biomass, and various
distributed technologies have different standards.
The Managers suggest that, in order to harmonize these
regulations and facilitate additional deployment of renewable
energy systems that do not have a significant impact on the
environment, the Secretary consider an update of the relevant
regulations to allow any solar, wind, or biomass project that
has a rating of 10 megawatts or less, and which has undergone
an extraordinary circumstances analysis and submitted an
environmental report the Secretary finds acceptable to
fulfill the necessary requirements under NEPA, to be
designated as being categorically excluded from any
requirement to prepare or publish a ``Notice of Availability
of the EA'' or participate in a public review and comment
period. Additionally, the Managers suggest the Secretary
consider a similar harmonization and update of the relevant
regulations regarding the availability of a categorical
exclusion for small scale renewable and distributed energy
projects that involve no or minimal alterations in the
physical environment and typically occur on previously
disturbed land.
(8) Biomass crop assistance program
The House bill authorizes to be appropriated $25 million
annually for fiscal year 2019 through fiscal year 2023 and
eliminates the mandatory funding provision. (Section 6411)
The Senate amendment adds algae as an eligible material and
clarifies material harvested for the purpose of hazardous
woody fuel reduction qualifies for matching payments. It
authorizes appropriations of $20 million annually for fiscal
year 2019 through fiscal year 2023 and reauthorizes the
program with $25 million of mandatory funding for each annual
fiscal year 2019 through fiscal year 2023. (Section 9110)
The Conference substitute adopts the House provision with
an amendment that adds algae as an eligible material under
the program. (Section 9010)
(9) Biogas research and adoption of biogas systems
The Senate amendment inserts a new section after section
9011 of title IX of the Farm Security and Rural Investment
Act of 2002, establishing an Interagency Biogas Opportunities
Task Force to coordinate policies and programs to accelerate
biogas research and investment in biogas systems. It also
authorizes a study on advancing biogas markets and analyzing
data related to biogas systems. (Section 9111)
The House bill contains no comparable provision.
The Conference substitute does not adopt the Senate
provision.
The Managers intend that USDA coordinate policies and
programs to accelerate biogas research and investment in
biogas systems, while also studying ways to advance biogas
markets and analyze data related to these systems.
Not later than 180 days after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary in
coordination with the Secretary of Energy and the EPA
Administrator shall establish an Interagency Biogas
Opportunities Task Force building upon the existing Biogas
Opportunities Working Group. The Task Force will coordinate
policies, programs, and research to accelerate biogas
research and investment in cost-effective biogas systems. The
Task Force shall be composed of the head of each Federal
office responsible for biogas research or biogas system
financing, including a representative from the Department of
Agriculture, the Department of Energy, the Environmental
Protection Agency, and National Renewable Energy Laboratory.
The Task Force will also have representation of 1 or more
representatives of State or local governments, 1 or more
nongovernmental or industry stakeholders, and a community
stakeholder.
The Task Force shall evaluate and improve the coordination
of loan and grant programs of the Federal agencies
represented on the Task Force to broaden the financing
options available for biogas systems. It will also explore
how to enhance opportunities for private financing of biogas
systems; review Federal procurement guidelines to ensure that
products of biogas systems are eligible for and promoted by
applicable procurement programs of the Federal Government;
evaluate the development of North American Industry
Classification System and North American Product
Classification System codes for biogas and biogas system
products; review opportunities and develop strategies to
overcome barriers to integrating biogas into electricity and
renewable natural gas markets; develop tools to broaden the
market for non-energy biogas system products; provide
information on the ability of biogas system products to
participate in markets that provide environmental benefits;
identify and investigate research gaps in biogas and
anaerobic digestion technology; including research gaps in
environmental benefits, market assessment; and performance
standards; assess the most cost-effective voluntary
investments in biogas to reduce waste and methane emissions;
and identify and advance additional priorities, as determined
by the Task Force.
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 identifies whether it was able to
carry out the duties outlined above and include
recommendations on how Congress should prioritize policies
and technological opportunities, aimed at expanding the
biogas industry. The report shall also consider
recommendations on how to eliminate barriers to investment in
biogas systems in the landfill, livestock, wastewater, and
other relevant sectors; and to enhance opportunities for
private and public sector partnerships to finance biogas
systems. Two years after the establishment of the Task Force
it 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. This data
shall be made public.
(10) Community wood energy program
The House bill expands the program to provide financial
assistance for the installation of public or private wood
energy systems and the construction of manufacturing or
processing plants that use or produce innovative wood
products. It changes the name to the ``Community Wood Energy
and Wood Innovation Program'' and authorizes appropriations
of $25 million annually from fiscal year 2019 through fiscal
year 2023. (Section 8106)
The Senate amendment authorizes appropriations of $5
million annually from fiscal year 2019 through fiscal year
2023. (Section 9112)
The Conference substitute adopts the House provision with
an amendment establishing priorities for grant awards, and
relocates the section to the Forestry title. (Section 8106)
(11) Carbon utilization and biogas education program
The Senate amendment adds a new section authorizing the
Secretary to provide grants to eligible entities for
educating the public and biogas producers about the benefits
of carbon sequestration. It authorizes appropriations of $2
million annually for fiscal 2019 through fiscal year 2023 and
authorizes $2 million in mandatory funding for each year
fiscal year 2019 through fiscal year 2023. (Section 9113)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that clarifies the objective of the public
education should be about the benefits and opportunities to
rural businesses, communities, and utilities serving rural
communities. Further, the amendment clarifies that eligible
entities shall also provide education to agricultural
producers and other stakeholders. Lastly, the amendment
strikes the inclusion of the mandatory funding provision.
(Section 9011)
The Managers intend that grants made under Section 9014
shall be made to agricultural producers and other rural
entities.
Title X--Horticulture
(1) Local agriculture market program
The House bill eliminates Commodity Credit Corporation
(``CCC'') funding for the Value-Added Agricultural Producer
Grant (``VAPG'') program. It also increases the authorization
of appropriations level for VAPG to $50 million for each of
FY 2019-2023. Additionally, the House bill eliminates CCC
funding for both the Local Food Promotion Program (``LFPP'')
and Farmers Market Promotion Program (``FMPP''). It
authorizes appropriations LFPP and FMPP of $30 million for
each of FY 2019-2023. (Sections 9002 & 6501)
The Senate amendment combines the purposes and coordinates
the functions of the FMPP and LFPP established under section
6 of the Farmer-to-Consumer Direct Marketing Act of 1976 and
the VAPG grants under section 231(b) of the Agricultural Risk
Protection Act of 2000. It directs the Secretary to
streamline and simplify the program, as well as to connect
producers with local food markets and value-added
agricultural product opportunities. There is additional
authority for grants to support partnerships. Section
210(i)(1) provides $60 million in CCC funds for FY 2019 and
each fiscal year thereafter. Section 210(i)(3) requires 47%
of available funds to be used for farmers' market and local
food promotion grants. (Section 10102)
The Conference substitute adopts the Senate provision with
an amendment that provides separate requirements to be
considered as an eligible entity for value-added producer
grants from the farmers' markets and local food promotion
program. The substitute also provides for several program
purposes specific to the previous authority for the value-
added producer grants. Finally, the amendment provides for
$50 million in CCC funds for FY2019 and each fiscal year
thereafter, to remain available until expended. (Section
10102)
The Managers recognize the increasing demand for local food
and value added production, so the Conference Substitute
includes $500 million in mandatory funding for the Local
Agriculture Market Program (LAMP), which combines the Value
Added Producer Grant program (VAPG) and the Farmers Market
Promotion Program (FMPP) and the Local Food Promotion Program
(LFPP). The Managers have provided permanent funding for this
program to ensure that the program have baseline funding
hereafter. The Managers have agreed to form the LAMP to
encourage USDA to utilize administrative efficiencies and
increase coordination between Rural Development (RD) and
Agricultural
[[Page H10011]]
Marketing Service (AMS) particularly through state and
regional USDA offices, with producers who are eligible for
these programs while preserving each program's core functions
and constituencies. The Managers intend for each program's
statutory authority, mission, grant priorities and activities
to be retained as before. In addition to administrative
efficiency and increased coordination, combining these
programs will provide additional support for local and
regional food system infrastructure, regional supply chain
coordination, and new food and agricultural products.
The combined program includes a new focus on regional
partnerships to encourage a multi-stakeholder approach to
local food system development, while leveraging additional
funds and providing technical assistance to eligible
entities. The Managers intend that grants awarded to
partnerships be received and managed by either an eligible
entity or entities or partner or partners depending on the
terms of the partnership agreement or the application
submitted to USDA. One of the goals of a partnership is to
alleviate unnecessary administrative and technical barriers
for any applicant participating in a partnership. The
Conference Substitute includes provisions regarding
education, outreach, and application assistance duties for
partners, which the Managers view as an important component
for developing local and regional food systems in low-income
and underserved communities.
The Managers intend that eligible entities for the farmers
market and local food grants, who participate in regional
partnerships, may apply for funding for both the partnership
and grant program in a single application.
The Managers are aware of past stakeholder confusion
regarding the definition of direct producer sales that do not
involve an intermediary such as a food hub. It is the
Managers intent to support the development, coordination, and
expansion of direct producer-to-retail, direct producer-to-
restaurants and direct producer-to-institutional marketing as
part of supporting the development, coordination and
expansion of direct producer-to-consumer marketing through
LAMP.
The Managers recognize that farmer cooperatives efficiently
spread the benefits of the VAPG, including within LAMP, among
a large number of producers in the aggregate. Cooperatives by
their nature bring many producers together who individually
do not have the size, expertise and resources to take
advantage of the value chain beyond the farm gate, and they
give them the opportunity to profit from those down-stream
activities. Therefore, funds invested and the benefits of
projects generated by cooperatives through the VAPG are
distributed to a wide number of producers. Likewise, by
investing in initiatives of cooperatives, such projects lower
the overall costs to the government in program administration
per individual farmer that benefits. Therefore, the Managers
direct USDA to continue to treat cooperatives as a priority
in administering the VAPG of LAMP.
(2) Organic certification
The House bill directs the Secretary of Agriculture (the
``Secretary'') to issue regulations to limit the type of
organic operations that are excluded from certification. The
bill further requires the Secretary to modernize trade
tracking and data collection systems, including full
traceability, as well as a report to Congress regarding
investigations and compliance actions. It authorizes the
Secretary to oversee and approve a certifying agent in a
foreign country and provides for annual certification.
The House bill also directs the Secretary to establish
expedited and emergency procedures related to food, crop, or
human safety for placing a substance on the National List.
The provision allows for an employee of an owner or operator
of an organic farming operation to represent the owner or
operator on the National Organic Standards Board (NOSB) and
allows for the convening of a task force to consult with the
Food and Drug Administration (``FDA'') or Environmental
Protection Agency (``EPA'') when deciding if a substance that
has been determined safe within the meaning of the Federal
Food, Drug, and Cosmetic Act, or determined by the EPA to not
be harmful, should be included on the National List.
The House bill authorizes sharing of certain information
during an investigation. It also authorizes a certifying
agent to require additional information from a producer and
handler under certain circumstances, and authorizes access to
cross border documentation systems. The section requires the
$5 million of CCC funds provided be available for
modernization of trade and data collection and to maintain
current database and technology upgrades. (Section 9006)
The Senate amendment directs the Secretary to issue
regulations to limit the type of organic operations that are
excluded from certification, amends the definition of
``certifying agent'', and defines the term ``national organic
program import certificate''. The amendment requires an
import certification for imports represented as organic in
the U.S. It further requires the Secretary to establish a
tracking system, modernize trade tracking and data collection
systems, including full traceability, and provide a report to
Congress on organic imports. It authorizes the Secretary to
oversee a certifying agent in a foreign country and provides
the certification be for a period of time consistent with the
certification of a domestic certifying agent.
The provision also requires that a vote on an amendment to
the National List receives 2/3 of the votes when a quorum is
present.
The Senate amendment authorizes sharing of certain
information during an investigation and for the review of an
accreditation of an agent in a foreign country and provides
access to cross border documentation systems. It authorizes
an organic agricultural product imports interagency working
group. The section requires $5 million of CCC funds be
provided for data collection. Finally, the section requires
certain provisions be carried out in a manner consistent with
all trade obligations. (Section 10104)
The Conference substitute adopts the Senate provision with
an amendment providing for the oversight of foreign and
domestic certifying offices as well as notice and process
regarding new and suspended certifications. The amendment
also adopts the House provision regarding additional
documentation and verification.
The amendment adopts the House provision regarding
employees of an owner or operator of an organic farming
operation to represent the owner or operator on the NOSB.
(Section 10104)
The Managers recognize that fraudulent organic imports have
the potential to unfairly damage the reputation of the
National Organic Program's (NOP) organic certification system
and undercut domestic sales of certified organic products.
Therefore, the Managers agreed to provisions from both the
House-passed bill and Senate Amendment that are intended to
provide the Secretary with better data, information-sharing
and clarity of authority to identify and prevent known
compliance risks to the NOP, particularly those imported from
certifiers, handlers, or producers not accredited or
certified by USDA or covered under an organic equivalency
agreement. The Managers intend for these measures to be
consistent for all products covered under the NOP. The
Managers adopted and are applying a trade savings provision
to ensure USDA implementation does not inhibit trade in
organic agricultural products that are otherwise certified
and following NOP standards, as well as other trade
protocols.
The Managers encourage improved coordination between
Federal agencies that oversee import protocols and agencies
responsible for organic certification and enforcement in
order to ensure information sharing and response in cases of
potential fraud. Since the NOP is a marketing and process-
oriented program, the Managers provide funding for the
Secretary to establish and utilize more modern systems and
method to share data with other agencies both within USDA,
between the Animal and Plant Health Inspection Service
(APHIS), AMS, and Foreign Agricultural Service (FAS), as well
as outside of USDA, particularly U.S. Customs and Border
Protection. In addition, the Conference Substitute adopts a
provision authorizing the Secretary to require producers and
handlers of imported organic products, in cases of a known
NOP compliance risk, to provide additional documentation,
including an NOP import certificate, as long as this
additional information is not more than is otherwise required
under an equivalency agreement negotiated between the United
States and the foreign government. The Managers codified the
oversight authority of the Secretary to accredit certifying
agents operating in a foreign country as well as certifying
offices and foreign operations located within the United
States. The Managers intend for the Secretary to implement
these measures to be consistent with such standards and
information as are required for domestic producers and
handlers within the NOP.
The Managers appreciate the role of the National Organic
Standards Board (NOSB) as an advisory board that is governed
by the Federal Advisory Committee Act (FACA) and works with
the AMS to consider and offer recommendations on a wide range
of issues involving the production, handling, and processing
of organic products. The Managers expect the Board and AMS to
be transparent and adhere to the best science and technical
assistance available, including from other science agencies,
to provide certainty and predictability to the agricultural
community and consumers.
The Managers codified USDA measures and NOSB procedures,
currently in practice, to provide certainty to producers and
users of the NOP. The Conference Substitute adopts subsection
(e) of Sec. 10104 of the Senate Amendment to require 2/3 of
the votes cast at an NOSB meeting at which a quorum is
present to be a decisive vote regarding changes made to the
organic ``National List''. The Conference Substitute adopts
Subsection (c) of section 9006 of the House bill to allow for
an employee of an organic farming operation to represent the
owner or operator on the NOSB. An employee of an organic
farming operation, organic handling operation, or organic
retail establishment, as designated by the owner or company,
may be any employee, including a farmworker or minimum wage
employee.
The Managers expect the NOSB, when reviewing potential
amendments to the National List, to consider the findings,
supporting data, and technical assistance made available by
the U.S. Environmental Protection Agency to evaluate the
safety and consumer health effects of pesticides registered
for use, and consider the findings, supporting
[[Page H10012]]
data, and technical assistance made available by the U.S.
Food and Drug Administration to evaluate the safety and
consumer health of food additives. Given the continued
urgency in producer implementation of food safety standards
and requirements, the Managers encourage the NOSB, while
following the material review requirements established in the
Organic Foods Production Act, to establish procedures for
timely consideration and review of materials directly related
to food safety compliance for inclusion on the national list.
(3) National organic certification cost-share program
The Senate amendment strikes the directed delegation clause
to the AMS and authorizes $11.5 million of CCC funds for each
of FY 2019-23, to remain available until expended. There is
no authorization of appropriations. (Section 10105)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that provides $24 million of CCC funds for FY
2019-2023. (Section 10105)
The Managers recognize that organic cost-share assistance
is an important resource for farmers desiring to transition
into organic production or to obtain organic
certification. In FY2017, the USDA transferred
administration of the National Organic Certification Cost
Share Program from the Agriculture Marketing Service to
the Farm Service Agency. During this transfer, USDA
obligated a fraction of the mandatory funding made
available for organic cost-share assistance. The Managers
direct the Secretary to expend all carryover funding that
was made available for the National Organic Certification
Cost Share Program, from fiscal years 2014 through 2018,
during fiscal years 2019 through 2023. The Managers also
direct the Secretary to develop and implement an outreach
plan to reach organic farmers interested in organic cost-
share assistance.
(4) Specialty crop block grants
The House bill amends the administrative requirements of
the program to include and develop (in consultation with the
Secretary) an evaluation of performance through cooperative
agreements with State Departments of Agriculture and
stakeholders to periodically evaluate the program. It
authorizes the Secretary to use $5 million each fiscal year
2018-23 towards multistate projects and adds new grant
purposes. (Section 9004)
The Senate amendment provision amends state plan
requirements to enhance the competitiveness of specialty
crops at the national, regional and local levels. It also
includes performance measures in the state plan developed by
the State department of agriculture, in consultation with
stakeholders. The Senate amendment requires the state plan to
identify best practices for methods to enhance the
competitiveness of specialty crops, requires an application
meet the state plan requirements, adds an annual evaluation
requirement regarding performance measures for States
receiving a grant, and increases the cap on administrative
expenses to 4 and 9 percent for the Secretary and States
respectively. The section also requires the Secretary to
provide guidance to States regarding best practices and
priorities prior to the submission of State plans each year.
It requires stakeholder input be used to develop priorities
and considered by the Secretary as States develop a plan
under eligibility requirements, clarifies the Administrator
shall administer funds of approved multistate projects, and
authorizes the Secretary to use $5 million each fiscal year
thereafter towards multistate projects. (Section 10107)
The Conference substitute adopts the House provision with
an amendment that clarifies the Secretary may directly
administer multistate projects for applicants in a
nonparticipating-State and provides for the evaluation of the
grant program. (Section 10107)
The Managers intend for the Specialty Crop Block Grant
Program to be a state- driven program that improves the
competitiveness and meets the priorities of specialty crop
producers. The Managers are cognizant of the reporting
challenges imposed at the Federal level on States
administering Specialty Crop Block Grants and have therefore
elaborated on those crop priorities to guide, in a
cooperative manner, grant applicants, state departments of
agriculture, and USDA on the state plan requirements,
performance measures and evaluations needed to properly
allocate resources. To broaden specialty crop stakeholder
access to multi-state projects, the Managers adopted a
modification to allow USDA to directly administer all aspects
of multi-state projects for applicants in a nonparticipating
state.
(5) Plant variety protection
The House bill defines the term ``asexually reproduced'',
adds asexual multiplication as an act constituting
infringement of plant variety protection, and protects
asexual reproducible plant material from certain acts in
connection with sale, offering for sale or advertising.
(Section 9005)
The Senate amendment is identical to section 9005(b) of the
House bill. (Section 10108)
The Conference substitute adopts the House provision.
(Section 10108)
The Managers recognize the importance of expanding the
scope of the Plant Variety Protection Act to provide the same
rights and protections provided to breeders of asexually
propagated plants. The Managers expect the Department of
Agriculture to promulgate the necessary rules and guidance to
implement these amendments to the Plant Variety Protection
Act no later than 1 year after the date of enactment of this
Act.
(6) Multiple crop and pesticide use survey
The Senate amendment authorizes a multiple crop and
pesticide use survey. (Section 10109)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modification to include $500,000 of CCC funding for FY 2019,
to remain available until expended. (Section 10109)
The Managers recognize the importance of crop protection
tools as crucial technologies for helping farmers prevent,
manage, and eradicate pests and plant diseases that threaten
crop production yields. The Managers intend for the Secretary
of Agriculture, acting through the Office of Pest Management
Policy, to conduct crop and pesticide use surveys for a
variety of crops for the use of risk assessment modeling and
mitigation for active ingredients. The Managers intend for
the multiple crop and pesticide use surveys to be conducted
frequently and in a timely manner to allow the Office of Pest
Management Policy sufficient time to respond to the
Environmental Protection Agency's 60-day comment periods
related to pesticide registrations. The Managers direct the
Secretary of Agriculture to work with the Office of
Management & Budget (OMB) to gain approval of a generic
clearance for the purposes of this provision to meet the
requirements of information collection review under the
Paperwork Reduction Act (and as outlined in an April 7, 2010,
OMB Memorandum for the Heads of Executive Departments and
Agencies, and Independent Regulatory Agencies regarding
information collection under the Paperwork Reduction Act).
The generic clearance is necessary for the Department of
Agriculture to gather and accurately communicate to the
Environmental Protection Agency information regarding the
agricultural community's actual use patterns and mitigations
in order for the Environmental Protection Agency's final
decisions to be more probabilistic and therefore more
accurate and data based.
(7) Clarification of use of funds for technical assistance
The Senate amendment excludes technical assistance under
this title of the 2018 farm bill from section 111 CCC cap.
(Section 10110)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 10112)
(8) Hemp production
The Senate amendment provision amends the Agricultural
Marketing Act of 1946 to allow States to regulate hemp
production based on a state or tribal plan. The amendment
requires that such plan includes information on locations of
hemp production, testing for THC concentration, disposal of
plants that are out of compliance, and negligence or other
violations of the state or tribal plan. It requires the
Secretary to establish a plan, in consultation with the U.S.
Attorney General, for States and tribes without USDA approved
plans to monitor and regulate hemp production. The section
clarifies that nothing in this subtitle affects or modifies
the Federal Food, Drug, and Cosmetic Act or authorities of
the HHS Secretary and FDA Commissioner and clarifies that
nothing in this title authorizes interference with the
interstate commerce of hemp. (Sections 10111 & 10112)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendment, including auditing authority and a grandfather
clause regarding program participation. (Sections 10113 and
10114)
In Sec. 297A, the Managers intend to clarify, within the
hemp production subtitle, that hemp is defined as the plant
cannabis sativa L, or any part of that plant, including
seeds, derivatives, and extracts, with a delta-9
tetrahydrocannabinol (THC) concentration of not more than 0.3
percent on a dry weight basis.
In Sec. 297B, the Managers intend to authorize states and
tribal governments to submit a state plan to the Secretary
for approval to have primary regulatory authority over the
growing and production of hemp. The Managers do not intend to
limit what states and tribal governments include in their
state or tribal plan, as long as it is consistent with this
subtitle. For example, states and tribal governments are
authorized to put more restrictive parameters on the
production of hemp, but are not authorized to alter the
definition of hemp or put in place policies that are less
restrictive than this title.
Within 60 days of receiving a state or tribal plan, the
Secretary must approve or deny the plan. The Secretary is
required to consult with the Attorney General regarding the
approval or denial of state plans, but the Managers intend
for the final decision to be made by the Secretary. The
consultation with the Attorney General should not alter the
60 day requirement to approve or deny a plan.
The Managers authorized the Secretary to audit state and
tribal compliance with an approved plan and take corrective
action, including revoking approval, based on a state or
tribal government's noncompliance, as appropriate. The
Managers intend to allow state and tribal governments to
appeal decisions by the Secretary pertaining to a state
[[Page H10013]]
or tribal plan for hemp production and do not intend to
preclude a state or tribal government from resubmitting a new
state or tribal plan for consideration at a later date. If a
state or tribal plan is denied or revoked, the Managers
intend for hemp production in that state or tribal area to
fall under the Secretary's jurisdiction as authorized in
section 297C.
The Secretary is authorized to provide technical assistance
to states and Indian tribes to aid in the development of a
state or tribal plan.
The Managers define negligent and other types of producer
violations that require enforcement under a state or tribal
plan. The Managers also set limits on who may participate in
state or tribal plans. Any person convicted of a felony
relating to a controlled substance shall be ineligible to
participate under the state or tribal plan for a 10-year
period following the date of the conviction. However, this
prohibition shall not apply to producers who have been
lawfully participating in a state hemp pilot program as
authorized by the Agricultural Act of 2014, prior to
enactment of this subtitle. Subsequent felony convictions
after the date of enactment of this subtitle will trigger
a 10-year nonparticipation period regardless of whether
the producer participated in the pilot program authorized
in 2014. Additionally, anyone who materially falsifies any
information in their application to participate in hemp
production through a state, tribal, or USDA plan shall be
ineligible.
In Sec. 297C, the Managers intend to require the Secretary
to develop a USDA plan or plans to be implemented in states
and tribal territories that forego developing and submitting
a state or tribal hemp production plan. The Managers expect
the USDA plan or plans to meet the same content requirements
as state and tribal plans in Sec. 297B. The USDA plan may
contain, as determined by the Secretary, additional practices
and procedures that are otherwise consistent with this
subtitle. It is the Managers intent that the Secretary have
discretion regarding the appropriate number of plans, one or
more than one, needed to implement Sec. 297C.
The Managers require the Secretary to collect, maintain,
and make accessible to Federal, state, territorial, and local
law enforcement, real-time information regarding the status
of a license or other authorization for all hemp producers,
whether participating under a state, tribal, or USDA plan.
The Managers encourage the Secretary to develop a memorandum
of understanding with Federal law enforcement agencies to
define the parameters of this system and to potentially share
the costs of such information sharing system.
In Sec. 297D, the Managers clarify that the Secretary has
the sole authority to issue guidelines and regulations
regarding the production of hemp. However, nothing in this
subtitle shall affect or modify the authority granted to the
Food and Drug Administration and the Secretary of Health and
Human Services under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) or section 351 of the Public Health
Service Act (42 U.S.C. 262), including for hemp-derived
products. The Secretary is required to consult with the
Attorney General on the promulgation of regulations, but
ultimately, the regulations shall only be issued by the
Secretary of Agriculture. To ensure that the Secretary moves
forward with issuing regulations in as timely a fashion as
possible, the Secretary shall periodically report to Congress
with updates regarding implementation of this title.
While states and Indian tribes may limit the production and
sale of hemp and hemp products within their borders, the
Managers, in Sec. 10112, agreed to not allow such states and
Indian tribes to limit the transportation or shipment of hemp
or hemp products through the state or Indian territory.
(9) Recognition and role of State lead agencies
The House bill amends section 2(aa) of the Federal
Insecticide, Fungicide, and Rodenticide Act (``FIFRA'') to
include a definition of ``State lead agency'' for the
purposes of FIFRA. It amends section 22(b) of FIFRA by
limiting regulations to those promulgated by the EPA or
within the authority of a State lead agency. The subsection
further amends section 23(a)(1) of FIFRA to authorize States
or Tribes to establish and maintain uniform regulation of
pesticide through cooperative agreement with the
Administrator of the EPA (``Administrator''). The section
further amends section 24(a) of the FIFRA to restrict the
authority of a political subdivision of a State to regulate a
pesticide beyond the Federal limits. Additionally the House
bill amends section 25(a)(2) of FIFRA by requiring the
Administrator to publish any comments regarding prescribed
regulations promulgated pursuant to FIFRA from the Secretary
or any State lead agency in the Federal Register, including
any response to the comments, if such comments are received
within 30 days of receipt of a copy of any such regulation.
The section further allows for the Secretary or a State lead
agency to request that any comments sent to the Administrator
regarding prescribed regulations promulgated pursuant to
FIFRA within 15 days of receipt of a copy of the regulation,
including any responses to the comments, be published in the
Federal Register. (Section 9101)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(10) Pesticide registration and use
The House bill amends section 3(c)(5) of the FIFRA to
require the Administrator of the EPA to register a pesticide
if the Administrator determines that the pesticide, when used
in accordance with widespread and commonly recognized
practices, is not likely to jeopardize the survival of a
federally listed threatened or endangered species or to alter
habitat critical for the survival or recovery of such
species. It further amends section 3 to require the
Administrator to use the best scientific and commercial
information available, which may include species and habitat
information from the Secretary of Interior or Secretary of
Commerce, and consider all restrictions on use when
considering the criteria for the registration of a pesticide.
The Administrator shall not be required to consult or
communicate with the Secretary of the Interior or the
Secretary of Commerce under the authority of any other
statute when making such determination, unless otherwise
petitioned by the registrant of the pesticide. The House bill
amends section 3(c)(7) of FIFRA to require the Administrator
to conditionally register or amend the registration of a
pesticide under special circumstances if the Administrator
determines that the pesticide, when used in accordance with
widespread and commonly recognized practices, is not likely
to jeopardize the survival of a federally listed threatened
or endangered species or to alter habitat critical for the
survival or recovery of such species. The House bill amends
section 3(g)(1)(A) of FIFRA to require the Administrator to
complete the determination, and subsequent periodic reviews,
that a pesticide, when used in accordance with widespread and
commonly recognized practices, is not likely to jeopardize
the survival of a federally listed threatened or endangered
species or to alter habitat critical for the survival or
recovery of such species, over the following schedule: by
October 1, 2026 for an active ingredient first registered on
or before October 1, 2007; by October 1, 2033 for an active
ingredient first registered between October 1, 2007 and the
day before enactment; and not later than 48 months after the
effective date of registration for an active ingredient
registered on or after the date of enactment. The House bill
amends section 5(a) of FIFRA to require the Administrator,
when issuing an experimental use permit for a pesticide, to
determine that the pesticide, when used in accordance with
widespread and commonly recognized practices, is not likely
to jeopardize the survival of a federally listed threatened
or endangered species or to alter habitat critical for the
survival or recovery of such species. The House bill amends
section 6(b) of FIFRA to require the Administrator, when
issuing a notice to cancel or change the classification of a
pesticide, to determine that the pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally
listed threatened or endangered species or to alter habitat
critical for the survival or recovery of such species. The
House bill amends section 12 of FIFRA to clarify that any
taking of a federally listed threatened or endangered species
resulting from the lawful use of a pesticide determined by
the Administrator to meet the criteria specified in section
3(c)(5)(A)(v) is not considered unlawful. The House bill
amends section 24(c) of FIFRA to require the Administrator,
when denying a State pesticide registration, to determine
that the pesticide, when used in accordance with widespread
and commonly recognized practices, is not likely to
jeopardize the survival of a federally listed threatened or
endangered species or to alter habitat critical for the
survival or recovery of such species. The House bill directs
the Administrator to publish and continue to review a work
plan for completing required determinations and implementing
and enforcing registration standards. (Sections 9111, 9112,
9113, 9114, 9115 & 9116)
The Senate amendment contain no comparable provision.
The Conference substitute adopts the House provision with
an amendment that establishes an interagency working group
and requires certain reports in section 3 of FIFRA. (Section
10115)
(11) Use of authorized pesticides; Discharge of pesticides
The House bill amends section 3(f) of FIFRA to direct the
Administrator or a State to not require a permit under the
Federal Water Pollution Control Act for a discharge from a
point source into navigable waters. It also amends section
402 of the Federal Water Pollution Control Act by adding new
subsection(s) to prevent the Administrator or a State from
requiring a permit for a discharge into navigable waters of a
pesticide authorized under FIFRA except under listed
circumstances. (Sections 9117 and 9118)
The Senate amendment contain no comparable provision.
The Conference substitute deletes the House provision.
(12) Enactment of Pesticide Registration Improvement
Enhancement Act of 2017
The House bill enacts H.R. 1029. (Section 9119)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(13) Methyl bromide
The House bill amends section 419 of the Plant Protection
Act to clarify the authorized uses of methyl bromide. It
allows the
[[Page H10014]]
Secretary of Agriculture or a State, local, or Tribal
authority to authorize the qualified use of methyl bromide in
response to an emergency event. Subsection (a) also requires
that any State, local, or Tribal authority that authorizes
such use notify the Secretary within 5 days of such
determination. A State, local, or Tribal authority may not
authorize the use of methyl bromide if the Secretary objects
to the use within 5 days of the notification. The House bill
requires that a notification by any State, local, or Tribal
government contain a certification of the authorization to
use methyl bromide in response to an emergency event, a
description of the emergency event and the economic loss that
would result from such event, contact information for a
designated responsible individual of the authority, the
location of the emergency event including the total acreage
of the event, the identity of the pests to be controlled,
the total volume of methyl bromide to be used, and the
anticipated date of such use. It allows the Secretary to
object to an authorization of use within 5 days of receipt
of notification by a State, local, or Tribal authority.
The Secretary shall provide notification of the objection
in writing, including reasons for such objection and any
additional information that the Secretary would require to
withdraw the objection. The Secretary may object to an
authorization if the Secretary determines the notification
does not contain all the information required, does not
demonstrate the existence of an emergency event, or the
qualified use does not comply with the enumerated
limitations on use. Subsection (c) also allows the
Secretary to withdraw an objection if, within 14 days of
the transmission of the notification for authorized use,
the State, local, or Tribal government submits additional
information to the satisfaction of the Secretary. Upon
issuance of the withdrawal, the State, local, or Tribal
authority may authorize the use of methyl bromide subject
to the limitations of qualified use. The House bill deems
the production, distribution, sale, shipment, application,
or use of a pesticide containing methyl bromide pursuant
to an authorization under this section to also be
authorized under FIFRA, regardless of whether the use is
registered under FIFRA, and included on the approved label
for the product. The section limits the amount of methyl
bromide that may be used per specific location of an
emergency to 20 metric tons. Further, the aggregate amount
of methyl bromide that may be used in the U.S. in a
calendar year shall not exceed the total amount authorized
by the Montreal Protocol on Substances the Deplete the
Ozone Layer for critical use in the U.S. in calendar year
2011. It allows for the production or importation of
methyl bromide in response to an emergency event
notwithstanding any other provision of law, gives the
Secretary exclusive authority for determining which
species are considered quarantine pests, and includes
definitions of relevant terms such as ``emergency event,''
``pests,'' and ``qualified use''. (Section 9121)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that requires a study on methyl bromide use in
response to an emergency event. (Section 10116)
The Managers intend that the Secretary of Agriculture
engage substantively with the Secretary of State and the
Administrator of the Environmental Protection Agency
throughout the planning and conduct of the study, and in
formulating any recommendations resulting from the study. The
Managers intend that the definition of ``emergency event'' in
this section only apply for the purposes, and the duration,
of the study.
(14) Preventing the arrival in the United State of forest
pests through restrictions on the importation of certain
plants for planting
The House bill addresses cooperation between the Animal and
Plant Health Inspection Service and the Forest Service to
intercept tree and wood pests and would require a report on
the interception of forest pests. (Section 9122)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment that authorizes a report on forest pests.
(Section 10110)
(15) Report on regulation of plant biostimulants
The House bill authorizes a report on plant biostimulant
products and defines the term ``plant biostimulant''.
(Section 9201)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendment authorizing a study including authority for the
Secretary to modify the description of plant biostimulant.
(Section 10111)
The Managers recognize the importance of plant
biostimulants as an emerging technology for production
agriculture. The Managers intend for the Secretary of
Agriculture, in consultation with Administrator of the EPA,
States, and relevant stakeholders, to provide a report to
Congress that identifies any potential regulatory, non-
regulatory, and legislative recommendations, including the
appropriateness of any definitions for plant biostimulants.
The Managers intend for this report to facilitate the
regulatory framework for plant biostimulant products and
ensure the efficient and appropriate review, approval,
uniform national labeling, and availability of these products
to agricultural producers.
Title XI--Crop Insurance
(1) Definitions
The Senate amendment defines ``cover crop termination'' and
``hemp'' as used in the Federal Crop Insurance Act (the
``Act''). (Section 11101)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11101)
(2) Data collection
The Senate amendment amends section 506(h)(2) of the Act to
require appropriate data collected by the National
Agricultural Statistics Service (NASS) and through the
Noninsured Crop Disaster Assistance Program (NAP) be provided
to the Federal Crop Insurance Corporation (FCIC). The data
must be provided in an aggregate form. (Section 11102)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11102)
The Managers intend that any additional information made
available from the Farm Service Agency (FSA) related to NAP
records, which could assist with new product development, be
shared with the applicants under section 11103.
(3) Sharing of records
The Senate amendment amends section 506(h)(3) of the Act to
require the Secretary to share records with private
developers of crop insurance products who have received
payment under section 522(b)(2)(E) related to crop insurance
policy research and development costs. (Section 11103)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11103)
The Managers intend that the sharing of records be limited
to policies directly being developed by the applicants.
(4) Use of resources
The Senate amendment amends section 507(f) of the Act to
update the resources, data, boards, and the committees the
Board should use within the Department, including sharing
information to support the transition of crops from NAP to
crop insurance. (Section 11104)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications that add board discretion and remove certain
assessment requirements. (Section 11104)
The Managers recognize that the Risk Management Agency
(RMA), Natural Resources Conservation Service (NRCS) and FSA
serve a significant number of common program participants.
The Managers expect the agencies to coordinate to avoid
duplication, streamline or create common processes, and make
participants aware of opportunities even if the participants
are outside that particular agency. For example, a producer
may have some crops that are eligible for Federal Crop
Insurance and others that are eligible for FSA's NAP. The
Managers encourage USDA to establish procedures in both
agencies to make sure producers are informed of all of their
options for coverage without regard to which agency the
producers interact with first.
(5) Specialty crops coordinator
The Senate amendment amends section 507(g) of the Act to
require the Specialty Crops Coordinator to designate a
Specialty Crop Liaison in each regional field office, and to
establish a website focused on the efforts of the FCIC to
provide and expand crop insurance for specialty crop
producers. (Section 11105(a))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification to remove specific requirements for the
website. (Section 11105)
The Managers intend for the website required under new
section 507(g)(5) of the Act to include an online mechanism
to provide comments relating to specialty crops and a
calendar publishing opportunities to provide comments at
specialty crop events or public forums. The Managers also
encourage the Specialty Crops Coordinator to publish on the
website a plan, with projected completion dates, for
expanding existing policies or plans of insurance for
specialty crops to new crops, new areas, and by adding new
revenue options or endorsements.
(6) Addition of specialty crops and other value-added crops
The Senate amendment amends section 508(a)(6) of the Act to
require the manager of the FCIC to annually prepare, to the
maximum extent practicable, at least 2 of each of the
following: (1) research and development for a policy or plan
of insurance for a new crop; (2) expansion of an existing
policy or plan of insurance to additional counties or states
(including malting barley); and (3) research and development
for a policy or plan of insurance, or endorsement, for crops
with existing policies or plans of insurance, such as dollar
plans. (Section 1105(b))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a technical modification replacing a description and an
amendment to decrease the number of required actions from 2
of each to 1 of each. (Section 11105)
[[Page H10015]]
The Managers intend for this provision to be implemented in
coordination with other changes that improve data sharing
between FSA and RMA. The Managers intend for NAP data to be
used to support expanding Federal Crop Insurance to
additional crops and, for existing insurable crops, to
additional counties. The Managers recognize that Federal Crop
Insurance provides significantly better risk protection for
producers and expect the combination of these changes with
the annual review under this section to act as an ``on-ramp''
for producers to more robust risk management options.
(7) Insurance period
The Senate amendment amends section 508(a)(2) of the Act to
add hemp. (Section 11106)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11106)
(8) Cover crops
The Senate amendment amends section 508(a)(3) of the Act to
include a conservation activity or enhancement (including
cover crops) that is approved by the Natural Resources
Conservation Service or an agricultural expert. Requires that
voluntary good farming practices be considered a good farming
practice only if the insured crop may be expected to make
normal progress toward maturity under typical growing
conditions. It also provides standards for cover crop
termination and summer fallow in relation to insurability.
(Section 11107)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
modifications to clarify termination guidelines and provides
that an exception can be recommended by the Natural Resources
Conservation Service or an agricultural expert, as determined
by the Corporation, unless the exception is determined to be
unreasonable by the Corporation. (Section 11107)
The Managers note that producers considering voluntary
conservation practices like cover crops, whether directly
through a USDA conservation program or informally according
to USDA's recommended procedures, should have confidence that
following the program guidance, procedures or advice will not
impact their insurability or protection under Federal Crop
Insurance. The Managers expect USDA to coordinate internally
and provide clear guidance to farmers, agents and loss
adjustors to ensure that guidance, procedures, or advice
regarding voluntary conservation practices from one part of
USDA does not potentially put other USDA benefits at risk.
(9) Underserved producers
The Senate amendment modifies section 508(a)(7) of the Act
to: (1) clarify that the definition of ``adequately served''
applies ``by crop''; (2) add a definition of the term
``underserved producer'' to mean ``a beginning farmer or
rancher, a veteran farmer or rancher, or a socially
disadvantaged farmer or rancher''; (3) include a review of
the types of production common among underserved producers
and types of production, such as diversified production for
local markets; and (4) require a report every 3 years to
include recommendations to increase participation in states
and among underserved producers that are not adequately
served by crop insurance. (Section 11108)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification to add Tribes and Tribal Members to the
definition of underserved producers. (Section 11108)
The Managers recognize that while underserved producers are
involved in a wide variety of agricultural production and
crops, many of these producers are concentrated in certain
types of production. Therefore, the Managers intend for the
Board to examine types of production common among underserved
producers, including diversified production for local
markets.
(10) Administrative basic fee
The House bill increases the basic administrative fee to
$500 per crop per county. (Section 10002)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
modifications to set the basic administrative fee at $655 per
crop per county. (Section 11110)
(11) Prevention of duplicate coverage
The House bill amends section 508(c)(1) of the Act to
provide that crops for which the producer has elected
Agriculture Risk Coverage, or that are enrolled in the
Stacked Income Protection Plan, are ineligible for coverage
based on an area yield and loss basis or supplemental
coverage. It also makes certain conforming amendments.
(Section 10003)
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(12) Performance-based discount
The House bill amends section 508(d) of the Act to repeal
the authority for performance-based discounts for producers.
It also makes certain conforming amendments. (Section 10004)
The Senate amendment amends section 508(d)(3) of the Act to
allow the FCIC to offer premium discounts for practices that
can be demonstrated to reduce risk, considering precision
irrigation, fertilization, crop rotations, cover crops, and
other appropriate practices. (Section 11109)
The Conference substitute deletes both provisions.
The Managers note that Federal Crop Insurance must be made
available to all producers at rates and prices set by the
RMA. Rebating is strictly prohibited by the Act, with
specific limited exceptions. This prohibition against
rebating, whether in the form of discounts, incentives, or
other inducements, ensures fair treatment for all producers.
The Managers commend RMA for taking the rebating prohibition
seriously and carrying out section 508(a)(9)(B)(iii) in a
manner that is consistent with Congressional intent and
current law.
(13) Enterprise units
The Senate amendment amends section 508(e)(5) of the Act to
allow a producer to establish a single enterprise unit by
combining across county lines: (1) enterprise units; or (2)
all basic units and all optional units. (Section 11110)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11111)
The Managers do not intend for the new section 508(e)(5)(E)
of the Act to mandate enterprise units that would cross state
boundaries. Further, the Managers do not intend to change the
Corporation's authority to offer enterprise units, beyond the
authority to combine enterprise units as provided in new
section 508(e)(5)(E).
(14) Treatment of forage and grazing
The House bill amends section 508(b)(1) of the Act to
strike the exception that provides that catastrophic risk
protection plans shall not be available for crops and grasses
used for grazing. It also adds a new section 508D, which
permits separate crop insurance policies, including a
catastrophic risk protection plan under which crops that can
be both grazed and mechanically harvested on the same acres
during the same growing season are eligible. Provides that
such separate policies can be independently indemnified for
each intended use. Additionally, the House bill amends
section 508(n) of the Act to specifically except coverage
under the new section 508D from the section 508(n)
limitations. (Section 10001)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
technical modifications to clarify the provision allows
producers to purchase separate policies for each intended
use, as determined by the FCIC, and any indemnity paid under
those policies for each intended use shall not be considered
to be for the same loss for the purposes of section 508(n) of
the Act. (Section 11109)
The Managers note there are a suite of programs
administered by FSA or offered by RMA that address risks
faced by livestock owners and forage producers. The Managers
believe the Secretary should take into consideration the
different causes of loss covered by these programs when
carrying out the limitation on multiple benefits for the same
loss.
(15) Pasture, rangeland, and forage policy for members of
Indian tribes
The Senate amendment amends section 508(e)(7) of the Act to
provide premium subsidy at the rate of 90 percent for a
member of an Indian tribe for the first purchase of Pasture,
Rangeland, and Forage insurance. (Section 11111)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(16) Continued authority
The House bill amends section 508(g) to require FCIC to
establish: (1) underwriting rules to provide producers with
an election to limit the decrease in actual production
history (APH) to not more than 10 percent of the prior crop
year's APH, provided that the production decline was the
result of drought, flood, natural disaster, or other
insurable loss; and (2) actuarially sound premiums to cover
the additional risk. (Section 10005)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 11112)
The Managers note that RMA has a long history of offering
producers protection from a decrease of more than 10% in
their APH. The Managers intend for RMA to continue offering
this option to producers in conjunction with other APH
adjustments in statute.
(17) Submission of policies and materials to the board
The Senate amendment amends section 508(h) of the Act to
authorize the FCIC Board, in the case of a policy, pilot
program, and other materials relating to the production of
hemp, to waive the viability and marketability requirements
under section 508(h). (Section 11112)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11113)
(18) Whole farm revenue agent incentives
The Senate amendment amends section 508(k) of the Act to
provide an additional reimbursement to an agent that sells a
Whole Farm Revenue Policy. (Section 11113)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
[[Page H10016]]
(19) Crop production on native sod
The Senate amendment amends section 508(o)(2)(A) of the Act
to provide that: (1) during the period beginning on February
8, 2014, and ending on the date of enactment of the 2018 farm
bill, native sod acreage that has been tilled for the
production of an insurable crop shall be subject to 4
cumulative years of a reduction in benefits. Additionally,
the Senate amendment provides that, as a condition on the
receipt of crop insurance benefits, a producer that has
tilled native sod acreage for the production of an insurable
crop shall certify that acreage to the Secretary using a
specified acreage report form and 1 or more maps, and submit
corrections or updates as appropriate. It also requires the
Secretary to submit an annual report to the House Committee
on Agriculture and the Senate Committee on Agriculture,
Nutrition, and Forestry (the ``Agriculture Committees'')
describing the tilled native sod acreage that has been
certified in each county and State. (Section 11114)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments to clarify that native sod acreage that has been
tilled would be subject to a reduction in benefits for not
more than four cumulative years during the first ten years
after initial tillage. The amendment also removes the option
for a governor of a State to elect to have the requirements
apply to the State, if the State is not currently subject to
the requirements. (Section 11114)
The Managers intend for producers in Iowa, Minnesota,
Montana, Nebraska, North Dakota, and South Dakota who till
native sod to have either a reduction in crop insurance
benefits or have the land not participate in crop insurance
for a significant period. By making the reduction in benefits
cover any insurable crop rather than annual crops, the
Managers intend to remove the possibility of a producer
avoiding these ramifications by planting a perennial crop.
(20) Use of national agricultural statistics service data to
combat waste, fraud, and abuse
The Senate amendment amends section 515(d)(1) of the Act to
include the use of published aggregate data from NASS or any
other data source to: (1) detect yield disparities or other
data anomalies that indicate potential fraud; and (2) target
the relevant counties, crops, regions, companies, or agents
associated with that potential fraud for audits and other
enforcement actions. (Section 11115)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11115)
The Managers encourage the FCIC to incorporate or include
published aggregate data from the NASS in existing data
mining efforts and other activities to combat waste, fraud,
and abuse. The Managers do not intend for the additional data
sets to duplicate, substitute, or replace ongoing fraud
reduction efforts and activities, such as data mining
currently carried out by the Center for Agribusiness
Excellence.
(21) Submission of information to corporation
The Senate amendment amends section 515(g) of the Act to
require Approved Insurance Providers (``AIPs'') to submit to
FCIC the actual production history used to establish
insurable yields not later than 30 days after the applicable
production reporting date for the crop to be insured.
(Section 11116)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to limit the submission requirements with
respect to a policy for a covered commodity (as defined in
section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011))
and to allow AIPs the ability to correct errors in the
information. (Section 11116)
The Managers intend for the FCIC to establish procedures to
collect actual production history to be used to establish
insurable yields from AIPs. The Managers intend for the
information to be shared with FSA for use in administering
commodity programs. The Managers expect the FCIC to implement
this provision in a reasonable manner without penalty to
producers or AIPs, while continuing to allow AIPs the ability
to correct errors in the information.
(22) Acreage report streamlining initiative
The Senate amendment amends section 515(j)(1)(B)(ii) of the
Act to: (1) provide that producers may report acreage and
other information to the Department electronically (including
in the form of geospatial data) or conventionally; (2)
require the Administrators of the RMA and the FSA to
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; and (3) require each AIP 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. (Section 11117)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
The Managers note that direction on this joint initiative
between RMA and FSA has been consolidated in title I. The
Managers expect RMA and the FCIC to continue to coordinate
with FSA and to make significant progress to streamline
processes for producers.
(23) Continuing education for loss adjusters and agents
The Senate amendment amends section 515 of the Act to
further require FCIC to establish requirements for continuing
education for loss adjusters and agents of AIPs to ensure
that both are familiar with appropriate conservation
activities and agronomic practices that are common and
appropriate to the area in which the insured crop being
inspected is produced, and include organic and sustainable
practices. (Section 11118)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification to broaden the education topics. (Section
11117)
(24) Funding for information technology
The Senate amendment bill amends section 515(k) of the Act
to provide $1 million for each of fiscal years 2019 and 2020.
(Section 11119)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate amendment.
(25) Program administration
The House bill reduces the amount that FCIC may use under
section 516(b)(2)(C)(i) to not more than $7 million per
fiscal year. (Section 11119)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 11118)
(26) Agricultural commodity
The Senate amendment adds hemp to the list of commodities
enumerated in section 518. (Section 11120)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11119)
The Managers expect that in determining the insurability of
a crop of hemp under the Act, and in providing insurance
options to hemp producers, RMA will collaborate with the
appropriate USDA, state, or tribal authorities as necessary
to do so consistent with the regulations and guidelines
established in subtitle G of the Agricultural Marketing Act
of 1946. The Managers note that USDA or the appropriate state
or tribal authority, and not AIPs, agents, or loss adjusters,
bear the responsibility of determining that a crop grown as
hemp complies with the applicable regulations and guidelines
under Subtitle G.
The Managers also intend for ``aquacultural species'' to
include algae species as determined appropriate by the Board.
(27) Maintenance of policies; Reimbursement of research,
development, and maintenance costs
House bill section 10007(a) amends section 522(b) of the
Act to--
(1) allow for reimbursement of ``reasonable and actual
research and development costs'' for policies that have been
approved by the FCIC Board;
(2) require that costs of the applicant shall be considered
``reasonable and actual costs'' if the costs are based on--
(A) wage rates equal to 2 times the hourly wage rate plus
benefits, as provided by the Bureau of Labor Statistics; or
(B) actual documented costs incurred by the applicant;
(3) designate the applicant (as opposed to the AIP)
authority to determine whether to maintain a policy, and to
establish the fee to be paid for maintenance of the policy;
(4) require the FCIC Board to approve the amount of a fee
unless the Board determines, based on substantial evidence in
the record, that the amount of the fee unnecessarily inhibits
the use of the policy; and
(5) prohibit the FCIC Board from disapproving a user fee
based on its comparison to a maintenance fee, or on the
potential for the fee to result in a financial gain or loss
to the applicant.
The House bill also provides that the amendments shall
apply to reimbursement requests made on or after October 1,
2016, and that requests for reimbursement previously denied
between October 1, 2016, and the date of enactment of this
Act may be resubmitted. (Section 10007).
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendments to clarify reasonable costs apply to any employees
or contracted personnel costs. The amendment also modifies
the requirements for the Board to approve or disapprove the
amount of a maintenance fee, by including that the fee shall
remain in effect and not be reviewed by the Board unless
specified criteria are met. (Section 11120)
The Managers believe the remuneration provided to the
submitters of policies developed under the 508(h) process
ensures that underserved commodities have a fair opportunity
to benefit from innovative risk management solutions. The
Managers expect RMA and the FCIC Board to work with private
submitters and those maintaining the policies developed to
determine fair compensation for work on these policies.
(28) Maintenance of policies; reimbursement of research,
development, and maintenance costs
The Senate amendment amends 522(b) of the Act to waive the
viability and marketability requirements for hemp under
paragraphs (2) and (3). (Section 11121)
[[Page H10017]]
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11121)
(29) Research and development priorities and authorities
The House bill amends paragraph (7) of the Act (as
redesignated from current paragraph (19)) to define
``beginning farmer or rancher'' for purposes of research and
development of whole farm insurance plans as having actively
operated and managed a farm or ranch for less than 10 years.
This is longer for these purposes than the Act's underlying
definition as having actively operated and managed a farm or
ranch for up to 5 years. (Section 10008)
The Senate amendment amends paragraph (7) (as redesignated
from current paragraph (19)) of the Act to require FCIC,
within 2 years, to hold stakeholder meetings to solicit
feedback, review and modify procedures and paperwork
requirements to decrease burdens, and increase flexibility
and effectiveness. (Section 11122)
The Conference substitute adopts both provisions with
amendments to include additional factors the FCIC Board shall
consider during review of the whole farm revenue protection
policy. (Section 11122)
The Managers note the continued growth of Whole Farm
Revenue Policies (WFRP). The Managers believe that this
policy has the potential to provide vital risk management to
producers who are underserved by crop insurance and enhance
options for existing policy holders. The Managers note that
WFRP has the potential to provide meaningful risk protection
for non-traditional agricultural commodities (e.g.
aquaculture) or production and marketing systems (e.g. urban,
local food, or greenhouses), that are not served as well
under current yield or revenue-based policies for individual
crops.
The Managers believe that RMA should make WFRP policies
more effective. In carrying out the review described in new
section 522(c)(7)(E) of the Act, the Managers urge RMA to
expedite the analysis of removing the cap on livestock and
nursery revenue, incorporating crop insurance indemnities and
NAP payments into historical revenue, and allowing all
producers, regardless of total average revenue, to insure up
to the maximum amount of liability. Additionally, the
Managers expect RMA to solicit input from the diverse group
of producers participating in WFRP and take appropriate steps
to streamline, add flexibility or tailor program rules to
diverse producers' needs and circumstances.
The Managers also expect RMA to work with FSA to notify the
existing beginning farmers registered with FSA of the
additional benefits under WFRP related to the newly aligned
beginning farmer definition.
(30) Tropical storm or hurricane insurance
The House bill adds a new section 522(c)(9) of the Act to
require FCIC to enter into 1 or more contracts with qualified
entities to carry out research and development of policies
(including for tomato, pepper, and citrus crops) (1) against
losses due to a tropical storm or hurricane; (2) to evaluate
the effectiveness of a risk management tool for a low
frequency, catastrophic loss weather event; and (3) to
provide protection for production or revenue losses, or both.
(Section 10008(c))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
technical modifications. (Section 11122)
The Managers note hurricanes and tropical storms caused
significant agricultural damage in 2017 and 2018 to crops
with high levels of crop insurance participation, but low
levels of coverage, which led to passage of additional ad hoc
disaster assistance. The Managers expect RMA to identify
policies that could provide cost effective insurance options
for catastrophic weather events such as tropical storms and
hurricanes to alleviate the need for such disaster assistance
in the future.
(31) Subsurface irrigation practices
The House bill adds a new section 522(c)(10) of the Act to
require that FCIC offer to enter into a contract with a
qualified entity to conduct research and development on the
creation of a separate practice for subsurface irrigation,
including the establishment of a separate transitional yield
within the county that is reflective of the average gain in
productivity and yield associated with the installation of a
subsurface irrigation system. (Section 10008(c))
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
technical modifications. (Section 11122)
The Managers note that instantaneous gains in productivity
can be achieved through the adoption of subsurface irrigation
systems. The Managers expect these methods to be carefully
examined and, if appropriate, treated as a separate
irrigation practice so that a producer's APH may more
accurately reflect the yield and revenue potential of the
crop following the installation of such system.
(32) Irrigated grain sorghum crop insurance policy
The Senate amendment adds a new section 522(c)(9) of the
Act to require FCIC to carry out, or to enter into 1 or more
contracts with qualified entities to carry out, research and
development regarding improvements to 1 or more policies to
insure irrigated grain sorghum, and alternative methods for
producers with not more than 4 years of production history to
insure irrigated grain sorghum. It also requires the FCIC to
submit within 1 year to the Agriculture Committees a report
that describes the results of the study and any related
recommendations. (Section 11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
technical modifications and an amendment to study grain
sorghum rates and yields compared to policies for other feed
grains. (Section 11112)
(33) Study and report on grain sorghum rates and yields
The House bill adds a news section 522(c)(11) of the Act to
require that FCIC enter into a contract with a qualified
entity to conduct a study to assess the differences in rates,
average yields, and coverage levels of grain sorghum policies
as compared to other feed grains within a county. It also
requires FCIC to submit to the Agriculture Committees a
report that describes the results of the study within 1 year.
(Section 10008(c))
The Senate amendment contains no comparable provision.
The Conference substitute deletes the House provision.
(34) Limited irrigation practices
The Senate amendment adds a new section 522(c)(10) of the
Act to require FCIC to: expand the availability of the
limited irrigation insurance program to not fewer than 2
neighboring States; carry out, 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 make recommendations on how
to improve participation in the program. It also requires a
qualified person, in carrying out the research, to
collaborate with certain researchers, and State and Federal
officials; provide recommendations to encourage limited
irrigation and water conservation; and develop applicable
web-based applications. Additionally, the section requires
FCIC to submit within 18 months to the Agriculture Committees
a report that describes the results of the study,
recommendations, and any actions taken by FCIC to carry out
the recommendations. (Section 11122(10))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendments to include ``consider expanding'' and remove the
requirement of expansion to not fewer than two states.
(Section 11122)
(35) Quality loss
The House bill adds a new section 522(c)(12) to the Act to
require that FCIC offer to enter into a contract with a
qualified entity to conduct research and development on the
establishment of an alternative method of adjusting for
quality losses that does not impact the average production
history of producers. Notwithstanding subsections (g) and (m)
of section 508 of the Act, it requires that if FCIC uses any
method developed as a result of the contract to adjust for
quality losses, such method shall be optional for producers
to elect to use, and offered at an actuarially sound premium
rate. (Section 10008(c))
The Senate amendment adds a new section 522(c)(11) to the
Act to require FCIC to carry out, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry out,
research and development on establishing alternative methods
of adjusting for quality losses.
Notwithstanding subsections (g) and (m) of section 508 of
the Act, any method developed under the research and
development that is used by FCIC shall be optional for a
producer to use, and offered at an actuarially sound premium
rate. The section states not later than 1 year after the date
of enactment, FCIC shall submit to the Agriculture Committees
a report that describes the results of the research and
development. (Section 11122(4))
The Conference substitute adopts the Senate amendment with
a modification regarding actual loss. (Section 11122)
The Managers intend for the research and development
required under new section 522(c)(10) of the Act to include,
but not be limited to, wheat for alternative methods of
adjusting for quality losses. The Managers also intend the
requirements in subparagraph (B) of the new section
522(c)(10) to be considered during the research and
development.
(36) Citrus
The Senate amendment adds a new section 522(c)(12) to the
Act to require FCIC to carry out, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry out,
research and development on the insurance of citrus fruit,
including improvements to 1 or more existing policies,
including the Whole-Farm Revenue Protection pilot policy;
alternative methods of insuring revenue for citrus; and the
development of new, or expansion of existing, revenue
policies for citrus fruit. It requires FCIC to submit within
1 year to the Agriculture Committees a report that describes
the results of the study and any related recommendations.
(Section 11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11122)
[[Page H10018]]
(37) Greenhouse policy
The Senate amendment adds a new section 522(c)(13) to the
Act to require FCIC to carry out, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry out,
research and development on a policy to insure in a
controlled environment such as a greenhouse the production of
floriculture, nursery, and bedding plants; or the
establishment of cuttings, seedlings or tissue culture in a
growing medium. It requires FCIC to make a policy or plan of
insurance available notwithstanding law that otherwise
requires that: losses must be due to drought, flood, or other
natural disaster (508(a)(1)); and insurance shall not extend
beyond the period during which the insured commodity is in
the field. The section requires FCIC to submit within 1 year
to the Agriculture Committees a report that describes the
results of the research and development and any related
recommendations. (Section 11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11122)
The Managers intend for the research and development to
consider policies or plans for coverage that are limited to
losses outside of the producer's control or management, and
that the producer follow good farming practices. The Managers
expect RMA to consider all potential eligible losses and
encourage the review of circumstances related to the
Ralstonia outbreak in 2005 in Michigan and other states as it
develops a policy.
(38) Hops
The Senate amendment adds a new section 522(c)(14) to the
Act to require FCIC to carry out, or to enter into 1 or more
contracts with 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. It
requires FCIC to submit within 1 year to the Agriculture
Committees a report that describes the results of the
research and development and any related recommendations.
(Section 11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11122)
(39) Local foods
The House bill contains no comparable provision.
The Senate amendment adds a new section 522(c)(15) to the
Act to require FCIC to carry out, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry out,
research and development on a policy to insure production of
floriculture, fruits, vegetables, poultry, livestock, or the
products of floriculture, fruits, vegetables, poultry, or
livestock, that is targeted toward local consumers and
markets. Additionally, the section requires that the research
and development evaluate the effectiveness of policies and
plans of insurance for production targeted toward local
consumers and markets, based on a detailed list of factors.
The section requires FCIC to submit within 1 year to the
Agriculture Committees a report that examines whether a
version of existing policies such as the Whole-Farm Revenue
Protection insurance plan may provide improved coverage for
producers of local foods, describes the results of the
research and development, and any related recommendations.
(Section 11122(4))
The Conference substitute adopts the Senate amendment with
modifications to the research and development as a
feasibility study and to remove a specific list of marketing
strategies to be evaluated. (Section 11122)
The Managers intend for the feasibility study to consider a
variety of marketing strategies for local foods including
direct-to-consumer; farmers markets; farm-to-institution; and
community-supported agriculture.
(40) Insurable irrigation practices for rice
The Senate amendment adds a new section 522(c)(16) to the
Act to require FCIC to carry out, 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 alternate wetting
and drying practices (also referred to as ``intermittent
flooding''), and furrow irrigation practices. It requires
FCIC to submit within 1 year to the Agriculture Committees a
report that describes the results of the research and
development and any related recommendations. (Section
11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 11122)
(41) High-risk, highly productive batture land policy
The Senate amendment adds to the Act a new section
522(c)(17) to require FCIC to carry out, or offer to enter
into 1 or more contracts with 1 or more qualified persons to
carry out, research and development to insure producers of
corn, cotton, and soybeans with operations on highly
productive batture land within the Lower Mississippi River
Valley that have a history of production of not less than 5
years, and that have been impacted by more frequent flooding
over the past 10 years due to sedimentation and federally
constructed engineering improvements. It requires FCIC to
make a policy or plan of insurance available notwithstanding
law that otherwise requires that: losses must be due to
drought, flood, or other natural disaster (508(a)(1)); and
insurance shall not extend beyond the period during which the
insured commodity is in the field. Additionally the section
requires FCIC to submit within 1 year to the Agriculture
Committees a report that examines whether a version of
existing policies may be tailored to provide improved
coverage for batture-land producers, describes the results of
the research and development, and any related
recommendations. (Section 11122(4))
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a provision to remove the reference to a specific river mile
location within the Lower Mississippi River Valley. (Section
11122)
(42) Extension of funding for research and development
The House bill repeals section 522(d) of the Act and
reduces funding from $12.5 million to $8 million annually.
(Section 10009)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to maintain the authority for partnerships for
risk management development. (Section 11123)
The Managers note that under the partnerships authority in
section 522(d), RMA is not required to offer Risk Management
Education grants, and that crop insurance education grants
for underserved producers have been consolidated under the
Partnerships for Risk Management Education in section 524. In
allocating the funding available under section 522, the
Managers expect RMA to prioritize research and development
activities.
(43) Education and risk management assistance
The House bill amends section 524 of the Act to: eliminate
the crop insurance education program for underserved states
(section 524(a)(2)) and its funding; eliminate the
Agricultural Management Assistance (AMA) program (section
524(b)) and its funding; and maintain the competitive grant
program to educate agricultural producers and its $5 million
in annual funding. (Section 10010)
The Senate amendment amends section 524(a)(3)(A) of the Act
to add ``conservation activities'' to the list of allowable
activities funded under the partnerships for risk management
education. (Section 11123).
The Conference substitute adopts the House provision with
amendments to consolidate the crop insurance education grants
for underserved producers with the Partnerships for Risk
Management Education in section 524 of the Act and to
maintain the authority and funding for the Agriculture
Management Assistance program. (Section 11125)
The Managers intend for educational programs for
underserved producers in this title to include users of dairy
risk management policies or plans for coverage.
(44) Cropland report annual updates
The Senate amendment amends section 11014(c)(2) of the Act
to extend the annual reporting requirement through 2023.
(Section 11124)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment
striking the cropland report authority and annual
requirements. (Section 11126)
The Managers note that the cropland report was consolidated
with the native sod report and appears in new section 1614(f)
of the Agricultural Act of 2014, as added by section 1706(f)
in title 1 of this bill.
Title XII--Miscellaneous
(1) Sheep production and marketing grant program
The House bill provides $2 million in CCC mandatory funds
for FY 2019 to carry out section 209 of the Agricultural Act
of 1946, to remain available until expended. (Section
11304(e)(3))
The Senate amendment amends section 209 to authorize
appropriations of $1.5 million for each of fiscal years 2019
through 2023. (Section 12101)
The Conference substitute adopts the House provision with
amendment. The House bill established a Textile Trust Fund,
of which the Sheep Marketing and Production Grant Program was
an underlying subsection. The Conference substitute provides
$2 million in CCC mandatory funds for FY 2019 to carry out
section 209 of the Agricultural Act of 1946, to remain
available until expended, but does so within the existing
authority, rather than as a subsection of a Textile Trust
Fund. (Section 12102)
(2) National Animal Health Laboratory Network
The House bill addresses funding of the National Animal
Health Laboratory Network (NAHLN) by amending section 10417
of the Animal Health Protection Act and providing mandatory
funding of $30 million for fiscal year 2019, to remain
available until expended. Additionally, the bill provides
funding of up to $20 million for each of fiscal years 2020
through 2023 to carry out the NAHLN, the National Animal
Health Vaccine Bank, or the National Animal Disease
Preparedness and Response Program. The bill further
reauthorizes the authorization for appropriations of $15
million for each of fiscal years 2019-2023, to remain
available until expended. The existing authorization of
appropriations for NAHLN in section 10409A(d) is repealed
through a conforming amendment. (Section 11101)
[[Page H10019]]
The Senate amendment amends section 10409A(d) to increase
the authorization of appropriations to $30 million per year
for fiscal years 2019 through 2023. (Section 12102)
The Conference substitute amends the existing NAHLN
authority to establish a program addressing animal disease
prevention and management. It further establishes the
National Animal Disease Preparedness and Response Program
(NADPRP) and the National Animal Vaccine and Veterinary
Countermeasures Bank (NAVVCB). The substitute provides $120
million of mandatory funding for the period of fiscal years
2019-2022, of which $100 million is to be allocated among the
NAHLN, the NADPRP and the NAVVCB. It further provides $30
million of mandatory funding for fiscal year 2023 and each
year thereafter, of which $12 million is to be allocated
among the NAHLN, the NADPRP and the NAVVCB. Additionally, the
authorization for appropriations for the NAHLN is increased
to $30 million per year for fiscal years 2019-2023, to remain
available until expended. Finally, conforming amendments are
made to the existing authorization for appropriations for
NAHLN in section 10409A (Section 12101).
The National Animal Health Laboratory Network (NAHLN)
serves to connect state, federal and university laboratories
to coordinate animal disease surveillance and testing
capabilities, and supports the National Veterinary Services
Laboratory by providing early confirmation of animal
diseases. During the 2015 outbreak of Highly Pathogenic Avian
Influenza, many disease confirmation tests were conducted by
laboratories operating under the NAHLN, and this rapid
confirmation allowed for depopulation of infected flocks and
establishment of safety protocols around infected farms.
These timely actions were made possible by NAHLN laboratories
providing early diagnosis of the disease and were critical in
curtailing the outbreak.
The Managers recognize the need for modernization of
laboratory testing capabilities and information technology
infrastructure across the NAHLN. Section 12101 of this act
provides $120 million of Commodity Credit Corporation funds
for the period of fiscal years 2019-2022, of which $100
million is to be allocated among the NAHLN, the National
Animal Disease Preparedness and Response Program (NADPRP) and
the National Animal Vaccine and Veterinary Countermeasures
Bank (NAVVCB). For fiscal year 2023 and each year thereafter,
the Managers provide $30 million of Commodity Credit
Corporation funds, of which $12 million is to be allocated
among the NAHLN, the NADPRP and the NAVVCB. Additionally, the
authorization for appropriations for the NAHLN is increased
to $30 million per year for fiscal years 2019-2023.
The Managers intend for the Secretary to make annual
assessments on how best to allocate a portion of the funds
provided under Section 12101 in order to address animal
disease preparedness and response needs that may vary from
year to year.
(3) National animal disease preparedness, response, and
recovery program; national animal vaccine and veterinary
countermeasures bank
The House bill establishes the National Animal Disease
Preparedness and Response Program and the National Animal
Health Vaccine Bank, to address the risk of introduction and
spread of animal pests and disease affecting the economic
interests of the U.S. livestock and related industries,
including the maintenance and expansion of export markets.
The bill requires that the program be carried out by the
Secretary through cooperative agreements with eligible
entities, including a State department of agriculture or
universities. Specific activities that are to be carried out
through cooperative agreements are described in this
subsection. Section 10409B further describes program
application processes and priorities, use of funds, and
reporting requirements similar to those provided by the
Senate Amendment.
The House bill further establishes the National Animal
Health Vaccine Bank for the benefit of the domestic interests
of the United States and to help protect the U.S. agriculture
and food system against terrorist attack, major disaster, and
other emergencies. The bill requires that the Vaccine Bank
maintains sufficient quantities of animal vaccine, antiviral,
therapeutic, or diagnostic products to appropriately and
rapidly respond to animal disease outbreaks that would have
the most damaging effect on human health or the economy. The
Secretary is instructed to prioritize the acquisition of
sufficient quantities of Foot and Mouth Disease vaccine, and
accompanying diagnostic products, and the Secretary shall
consider contracting with one or more entities that are
capable of producing foot-and-mouth disease vaccine and that
have surge production capacity of the vaccine.
The mandatory funding in the House bill includes $30
million for the National Animal Health Laboratory Network
(NAHLN), $70 million for the National Animal Disease
Preparedness and Response Program, and $150 million for the
National Animal Health Vaccine Bank in fiscal year 2019. In
each of fiscal years 2020 through 2023, $50 million in
mandatory funding is provided to carry out the NAHLN, the
National Animal Disease Preparedness and Response Program,
and the National Animal Health Vaccine Bank, of which not
less than $30 million is for the National Animal Disease
Preparedness and Response Program. Additionally, this
subsection authorizes appropriations of $15 million for each
of fiscal years 2019-2023 to carry out the NAHLN. All funds
provided are to remain available until expended. Finally,
section 10417(d) limits the Secretary's use of funds for
administrative expenses to not more than 4 percent of amounts
made available, limits eligible entities from retaining more
than 10 percent of funds received under an agreement to pay
administrative costs, prohibits funds from being used for
construction of new facilities, and directs proceeds from the
sale of vaccine or antigen by the Bank to be credited to an
account for the operation of the Bank. (Section 11101)
The Senate amendment establishes a National Animal Disease
Preparedness, Response and Recovery Program under subsection
10409B(a) and a National Animal Vaccine and Veterinary
Countermeasures Bank under subsection 10409B(b). The National
Animal Disease Preparedness, Response and Recovery Program is
established 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, including the maintenance and
expansion of export market potential. The Secretary shall
carry out the program through cooperative agreements with
eligible entities including a State department of agriculture
or universities, among others. Similar to the House Bill,
specific activities that are to be carried out through
cooperative agreements are described in this subsection, in
addition to including emerging veterinary countermeasures
among the animal health technologies to be enhanced and
developed. The subsection further lays out Program
application processes and priorities, use of funds, and
reporting requirements similar to those provided in the House
Bill.
Section 10409B(b) establishes a National Animal Vaccine and
Veterinary Countermeasures Bank to benefit the domestic
interests of the U.S. The Vaccine and Veterinary
Countermeasures Bank is to maintain a sufficient quantity of
animal vaccine, antiviral, therapeutic products, diagnostic
products, and veterinary countermeasures to appropriately
respond to the most damaging animal diseases affecting human
health or the economy, and that will be capable of rapid
deployment in the event of an outbreak. The Secretary is
required to prioritize the maintenance of sufficient
quantities of foot-and-mouth disease vaccine and accompanying
diagnostic products. Finally, the Secretary shall consider
contracting with one or more entities that are capable of
producing foot- and-mouth disease vaccine and that have surge
production capacity of the vaccine.
Section 10409(c) limits the Secretary's use of funds for
administrative expenses to not more than 4 percent of amounts
made available, limits eligible entities from retaining more
than 10 percent of funds received under an agreement to pay
administrative costs, prohibits funds from being used for
construction of new facilities, and directs proceeds from the
sale of vaccine or antigen by the Bank to be credited to an
account for the operation of the Bank. Section 10409(d)
authorizes such sums as necessary to be appropriated to carry
out the National Animal Disease Preparedness, Response, and
Recovery Program and the National Animal Vaccine and
Veterinary Countermeasures Bank. (Section 12103)
The Conference substitute adopts the House provision with
amendment. Section10403 of the Animal Health Protection Act
is amended to establish a new definition for ``veterinary
countermeasures''. The Conference substitute further
restructures the statute related to the new authorities.
The National Animal Disease Preparedness and Response
Program (NADPRP) is established under subsection (b) to
address the increasing risk of the introduction and spread
within the United States of animal pests and diseases
affecting the economic interests of the livestock and related
industries of the United States, including the maintenance
and expansion of export markets. The NADPRP shall be carried
out by the Secretary through cooperative agreements with
eligible entities including a State Department of Agriculture
or universities, among others. Specific activities that are
to be carried out through cooperative agreements are
described in this subsection. Further, the subsection lays
out the application processes and priorities, use of funds,
and reporting requirements
The National Animal Vaccine and Veterinary Countermeasures
Bank (NAVVCB) is established under subsection (c) to benefit
the domestic interests of the United States. Through the
NAVVCB the Secretary shall maintain sufficient quantities of
veterinary countermeasures to appropriately and rapidly
respond to the most damaging animal diseases, with a priority
for Foot and Mouth Disease. As part of such prioritization,
the Secretary may offer to enter into one or more contracts
with one or more entities that are capable of producing foot
and mouth disease vaccine and that have surge production
capacity of the vaccine.
Subsection (d) provides $120 million in mandatory funding
for the period of fiscal years 2019-2022, with a minimum of
$5 million reserved in each year for the NADPRPP. For fiscal
year 2023 and each year thereafter, $30 million in mandatory
funding is provided, with a minimum of $18 million reserved
in each year for the NADPRPP. Additionally, the authorization
of appropriations for NAHLN is increased to $30 million per
year
[[Page H10020]]
for fiscal years 2019-2023, and an authorization for
appropriations is established for the NADPRP and the NAVVCB
for such sums as are necessary for each of fiscal years 2019-
2023. All funds provided are to remain available until
expended, and the funds authorized for appropriation under
this paragraph are in addition to any funds authorized or
otherwise made available under section 10417 of the Animal
Health Protection Act. This subsection limits the Secretary's
use of funds for administrative expenses to not more than 4
percent of amounts made available, limits eligible entities
from retaining more than 10 percent of funds received under
an agreement to pay administrative costs, prohibits funds
from being used for construction of new facilities, and
directs proceeds from the sale of vaccine or antigen from the
NAVVCB to be credited to an account for the operation of the
NAVVCB.
Subsection (e) describes the authority for the Secretary to
enter into cooperative agreements under this section for
fiscal year 2019 through 2023, and this limitation shall have
no impact on cooperative agreements that are established
beyond fiscal year 2023 (Section 12101).
In recent years, animal disease outbreaks have posed
significant challenges to the livestock and poultry
industries. Various regions of the country and species have
been impacted by disease, and responding to those outbreaks
is a costly and complex endeavor for farmers and ranchers,
veterinarians, and state and federal governments. The
Managers recognize the need to enhance our national animal
disease preparedness and response capabilities. Further, the
Managers recognize that such enhancement is an endeavor that
the federal government must conduct in coordination with
state and local governments, farmers and ranchers,
universities, laboratories and other cooperators.
The Animal Disease Prevention and Management program builds
upon the existing National Animal Health Laboratory Network
(NAHLN) and establishes the National Animal Disease
Preparedness and Response Program (NADPRP) and the National
Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB).
The existing NAHLN authority is revised to establish the
NADPRP and the NAVVCB, which will improve how the U.S.
protects against, prepares for, and responds to animal and
zoonotic disease outbreaks.
Protecting U.S. agriculture from animal and zoonotic
disease threats involves numerous efforts including improving
disease testing capabilities, improving states' disease
response measures including the development and
implementation of continuity of business and secure food
supply plans, researching new practices and technologies to
protect livestock and poultry, and stockpiling necessary
equipment and drugs to respond to animal disease outbreaks.
The NADPRP will allow for a coordinated effort to be carried
out by the Secretary through cooperative agreements with
state governments and state animal health officials,
universities, organizations representing the livestock and
poultry industries, veterinarians and other eligible
entities, to consider all of these factors and needs and
establish a coordinated strategy to bolster animal disease
protection.
Further, the Managers recognize that animal disease threats
evolve and become increasingly complex, especially zoonotic
diseases, and the equipment and drugs currently at our
disposal may be inadequate in responding to the disease
threats of the future. Thus, the Managers instruct the
establishment of the NAVVCB, which will allow for the
stockpiling of a variety of equipment and animal drugs needed
to respond to animal disease outbreaks, with a priority for
stockpiling vaccine necessary to respond to an outbreak of
Foot and Mouth Disease (FMD). The Managers envision the term
`veterinary countermeasure' to mean any biological product
(including an animal vaccine and diagnostic), pharmaceutical
product (including an animal therapeutic, antimicrobial,
antiviral and antitoxin), non-pharmaceutical product
(including a disinfectant or pesticide, response equipment
and personal protective equipment) or other product or
equipment to prevent, detect, diagnose, contain, control,
treat, recover from, or mitigate harm or damage resulting
from (including adverse effects impacting public health or
animal health, the environment, or the economy), animal pests
or diseases.
The Managers encourage the Secretary to consider all
options for stockpiling veterinary countermeasures. The funds
provided under Section 12101 should be used to establish the
optimal complement of products to address the highest risk
strains of FMD and other diseases of consequence. In
considering stockpiling options, the Managers expect the
Secretary to review the procurement process annually to
identify potential efficiencies and improvements,
particularly any needed changes to allow for maximum contract
flexibility and product innovation over time. While the
Managers expect funding provided under Section 12101 to
significantly enhance the Secretary's ability to stockpile
vaccine and related products, the Managers understand that
greater investment for such purposes may be desired and
warranted in the future. As such, the Managers encourage the
Secretary and interested stakeholders to work together to
identify alternative funding sources to achieve such
investment.
Section 12101 of this act provides $120 million of
Commodity Credit Corporation funds for the period of fiscal
years 2019-2022, of which $20 million is reserved for the
NADPRP, and $100 million is be allocated among the NAHLN, the
NADPRP and the NAVVCB. For fiscal year 2023 and each year
thereafter, the Managers provide $30 million of Commodity
Credit Corporation funds, of which $18 million is reserved
for the NADPRP, and $12 million is be allocated among the
NAHLN, the NADPRP and the NAVVCB. Additionally, the
authorization of appropriations for NAHLN is increased to $30
million per year for fiscal years 2019-2023, and an
authorization for appropriations is established for the
NADPRP and the NAVVCB for such sums as are necessary for each
of fiscal years 2019-2023.
The Managers expect the Secretary to develop a long range
plan to carry out Section 12101 to identify priorities
related to animal disease preparedness and response, and
address those needs by optimizing the capabilities of the
NAHLN, the NADPRP, and the NAVVCB. On an annual basis, the
Secretary shall review this plan and determine how to best
allocate the funds provided under Section 12101 in light of
changes to animal disease threat profiles.
(4) Study on livestock dealer statutory trust
The Senate amendment directs the Secretary to conduct a
study on the feasibility of establishing a Livestock Dealer
Statutory Trust. The amendment requires the study to analyze
the potential impacts such a trust would have on livestock
producers, dealers, markets, financiers, and others in the
livestock sector, specifically with regard to credit
availability. It also requires the Secretary, no later than
540 days after the date of enactment, to submit to the
Agriculture Committees a report describing the findings of
the study. (Section 12104)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
amendment. The substitute directs additional considerations
under the study including: how the establishment of a
livestock dealer statutory trust would affect seller recovery
in the event of a livestock dealer payment default; whether
authorizing the Secretary to appoint an independent trustee
under the livestock dealer statutory trust would improve
seller recovery; and how the establishment of a livestock
dealer statutory trust would affect the treatment of sellers
of livestock as it relates to preferential transfer in
bankruptcy. The study shall be completed 1 year after the
date of enactment of the Act. (Section 12103)
The Managers recognize the burdens felt by unpaid sellers
of livestock affected by livestock dealer default. In
response, the Managers instruct the Secretary to conduct a
study of the feasibility of establishing a livestock dealer
statutory trust, modeled after the existing packer statutory
trust.
The study shall review recent livestock dealer defaults and
consider whether seller recovery would have been improved in
those experiences had a livestock dealer statutory trust been
in place. Further, the study shall review how preferential
transfers in bankruptcy proceedings are impacting unpaid
sellers of livestock. Finally, the study shall review
challenges encountered when the Packer trust has been
employed, and whether any changes should be considered to
improve effectiveness of a potential livestock dealer
statutory trust. Such improvements may include allowing the
appointment of an independent trustee and encouraging greater
communication and data sharing between the Secretary and
unpaid sellers of livestock when a dealer statutory trust is
employed. The study should also include an assessment of the
cost and benefits of establishing a dealer statutory trust
and the Department's ability to implement and oversee such a
trust. In conducting the study, the Managers expect the
Secretary to utilize the expertise of the Packers and
Stockyards Division of the Agricultural Marketing Service and
to engage with and solicit input from industry stakeholders
that would be subject to a dealer statutory trust.
(5) Definition of livestock
The Senate amendment amends the Emergency Livestock Feed
Assistance Act of 1988 to specifically include alpacas,
llamas, live fish, and crawfish in the definition for
livestock, and remove the Secretarial designation requirement
regarding other animals that are part of a foundation herd or
purchased as part of a normal operation. (Section 12105)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12104)
(6) National aquatic animal health plan
The House bill extends the authorization of appropriations
through FY 2023. (Section 11102)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendment repealing the authorization for appropriations.
(Section 12105)
(7) Veterinary training
The House bill amends section 10504 of the 2002 Farm Bill
to include, in all regions of the United States, veterinary
teams, including those based at colleges of veterinary
medicine, capable of providing effective services before,
during, and after emergencies. (Section 11103)
The Senate amendment contains no comparable provision.
[[Page H10021]]
The Conference substitute adopts the House provision.
(Section 12106)
(8) Report on FSIS guidance and outreach to small meat
processors
The House bill requires the USDA Inspector General, not
later than 1 year after the date of the enactment of this
Act, to conduct a study on the effectiveness of existing FSIS
guidance materials and other tools used by small and very
small establishments, as defined by FSIS regulations, and
provide recommendations on measures the Food Safety and
Inspection Service (FSIS) should take to improve regulatory
clarity and consistency. (Section 11104)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
amendment. The substitute directs the Secretary to enter into
contract with a land-grant college or university or a non-
land-grant college of agriculture to review the effectiveness
of existing FSIS guidance materials used by small and very
small establishments operating under Federal inspection and
provide recommendations on measures FSIS should take to
improve regulatory clarity and consistency. (Section 12107)
The Conference Substitute requires a report considering the
effectiveness of USDA outreach to small meat processors
operating under federal inspection. The Secretary shall
contract with a land-grant college or university or a NLGCA
with expertise in food safety and inspection to conduct the
report. In conducting outreach to develop the report, the
college or university shall consult with the USDA Food Safety
Inspection Service Evaluation Working Group. The report shall
be provided to the House Committee on Agriculture and the
Senate Committee on Agriculture, Nutrition and Forestry.
(9) Regional cattle and carcass grading correlation and
training centers
The House bill requires the Secretary to establish up to
three regional centers to be known as ``Cattle and Carcass
Grading Correlation and Training Centers'' to: (1) provide
education and training for cattle and carcass beef graders of
AMS, cattle producers, and other professionals involved in
the reporting, delivery, and grading of feeder cattle, live
cattle, and carcasses for the purpose of limiting the
subjectivity in the application of beef grading standards;
(2) provide producers with greater confidence in the price of
the producers' cattle; (3) provide investors with both long
and short positions more assurance in the cattle delivery
system; and (4) coordinate USDA and state and local
resources. The House bill also requires that no funds are to
be used for construction of any new facilities. (Section
11105)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 12108)
(10) Repeal of office of homeland security
The Senate amendment repeals the Office of Homeland
Security created in the 2008 Food, Conservation, and Energy
Act. (Section 12201)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 12201)
The Senate amendment moves the authorization of the Office
of Homeland Security (the Office) from the Food,
Conservation, and Energy Act of 2008 (7 USC 8911) to subtitle
A of the Department of Agriculture Reorganization Act of 1994
with updated authorities. The Managers do not intend for the
Office to physically close and reopen.
(11) Office of homeland security
The Senate amendment establishes an Office of Homeland
Security and authorizes an Agriculture and Food Threat
Awareness Partnership Program. (Section 12202)
The House bill contains no comparable provision.
The Conference substitute adopts Senate amendment with
minor technical modification. (Section 12202)
Managers expect the Executive Director of the Office to
serve as the principal advisor to the Secretary on homeland
security, including emergency management and agriculture and
food defense, and to coordinate activities of the Department
related to homeland security and emergency response. The
Office is expected to proactively engage USDA's agencies with
critical missions important to homeland security, as well as
to engage and assert the USDA roles, responsibilities, and
needs within interagency discussions, including those with
the Executive Office of the President and the intelligence
community agencies.
(12) Agriculture and food defense
The Senate amendment: (1) provides several definitions; (2)
requires the Secretary to develop, in collaboration with
appropriate Federal, State, regional, and local officials, a
comprehensive strategic response plan or plans, as
appropriate, for certain diseases or pests of concern; (3)
requires the Secretary to provide information to a State or
regional authority to assist in developing a comprehensive
strategic response plan or plans that shall include several
factors such as concepts of operations for each disease of
concern and describing decision matrixes, roles, and
interactions for each level of government and industry; (4)
authorizes the National Plant Diagnostic Network (NPDN),
headed by the Director of the National Institute of Food and
Agriculture in partnership with the Animal and Plant Health
Inspection Service (APHIS) to provide passive surveillance
and early identification of plant diseases and pests; and (5)
establishes the National Plant Disease Recovery System
(NPDRS) to focus on and plan for long term recovery from
high-consequence plant transboundary disease and directs the
NPDRS to coordinate diseases of concern response planning and
develop research plans for recovery through the
identification and use of novel resistant genetic material to
stabilize and improve crops in the face of potential plant
disease pressure. (Section 12203)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification that State plans include a concept of
operations, and address, as appropriate, the requirements in
the Senate amendment. (Section 12203)
The Senate amendment establishes strategic response
planning for plant and animal diseases and pests of
particular concern at the national level, as well as support
for State, or States, interested in more detailed response
planning adapted to the individual needs of that State, or
States. The Managers understand a response plan designed to
the detail of a concept of operations cannot totally
anticipate real events and that there is not a response plan
that will remain totally effective for long after an initial
disease or pest detection is made during a real event. Every
situation or emergency is different. Adjustments to the
response will need to be made to accommodate a situation in
real time. Nevertheless, developing a response plan to the
detail of a concept of operations is an important
preparedness step to establish and maintain a state of
readiness. A concept of operations should outline the process
to be followed in implementing a response and should define
the roles of the stakeholders involved throughout the
process. It has been demonstrated repeatedly by law
enforcement, emergency response, and defense planners that
exercised plans, even when the plan is divergent from an
actual event, provide value and improve a response
participant's ability to react and adapt, increasing the
success of containing and managing a real threat or event.
Establishing key performance metrics for a response will be
paramount for consistent evaluation and to accomplish ongoing
improvement of a response plan. Therefore the Managers expect
the response planning developed for plant and animal diseases
and pests of concern to provide for benchmarking of
performance in order to measure and make positive change or
to maintain an expected standard.
(13) Biological agents and toxins list
The Senate amendment amends the underlying law by adding a
new consideration for selecting a pathogenic biological agent
to be added to the list of biological agents and toxins.
(Section 12204)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment with
a modification regarding its considerations for inclusion on
the list. (Section 12204)
The Managers expect that when a biological agent is
examined for inclusion on the Biological Agents and Select
Toxins List that consideration is given to the potential
impact on performance of research on the causative agent of
the disease.
(14) Authorization of appropriations
The Senate amendment authorizes appropriations of $5
million for each of fiscal years 2019 through 2023. (Section
12205)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate amendment.
(Section 12205)
The Managers note that several of the functions directed in
this subtitle already receive funding through other
authorizations of appropriations and other sources, such as
funding directed towards OHSEC, APHIS, ARS and NIFA for
activities in this subtitle currently carried out by those
entities. The Managers support those authorizations of
funding and appropriations and expect them to continue. The
Managers expect the authorizations in this section will be
weighted towards new responsibilities authorized in this
subtitle and intend this authorization to supplement, not
supplant those other sources.
(15) Farming opportunities training and outreach
The House bill amends section 7405 of the Farm Security and
Rural Investment Act of 2002 to: (1) prioritize grants for
agricultural education for youth for agricultural employment
and volunteer opportunities, and for projects that
demonstrate experience in providing such education and
opportunities for socially disadvantaged youth; (2) authorize
the Secretary to waive the matching requirement to
effectively reach an underserved area or population; (3)
include retiring farmers and non-farming landowners, and adds
authority for training and technical assistance, as well as
education programs and workshops; and (4) reauthorize $10
million in mandatory spending each year for FY2019-2023 and
reauthorizes appropriations of $20 million each for FY2019-
2023 for the Outreach and Assistance for Socially
Disadvantaged Farmers and Ranchers program, also known was
the 2501 Program. The House bill amends section 2501(a)(4) of
the Food Agriculture, Conservation, and Trade Act of 1990 to
include priority for grants, contracts, and other agreements
for projects that deliver agricultural education to youth in
underserved communities, and reauthorizes $20
[[Page H10022]]
million in mandatory spending and $30 million in
discretionary appropriations for FY2019-2023 for Beginning
Farmer and Rancher Development Program. (Sections 7507 &
11201)
The Senate amendment repeals section 7405 of the Farm
Security and Rural Investment Act of 2002 and inserts this
section into Section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 under the newly
established ``Farming Opportunities Training and Outreach.''
The Senate amendment: (1) authorizes the Secretary to
encourage and assist socially disadvantaged, veteran, and
beginning farmers and ranchers through education and training
and equitable participation in agricultural programs; (2)
moves the definition of beginning farmer and authorizes the
equivalent of existing Beginning Farmer and Rancher
Development grant program with a few differences including
that the Secretary should act through the Director of the
National Institute of Food and Agriculture in carrying out
the grant program, providing that the grants can be used to
assist beginning farmers and ranchers in acquiring land from
retiring farmers and ranchers, and for food safety and
recordkeeping; (3) requires a simplified application process
for grants under $50,000; (4) provides $50 million
in mandatory funding in fiscal year 2018 and each year
thereafter and authorizes $50 million a year in
appropriations for FY2018-2023, reserved equally between
Beginning Farmer and Rancher Development Grant Program and
the authority under subsection (c) (socially disadvantaged
and veteran farmers and ranchers); (5) authorizes same 5
percent set-asides as in current law from beginning farmer
program; (6) requires that 5 percent of funds allocated to
the Socially Disadvantaged Farmer Research and Policy
Center go to limited resource and socially disadvantaged
farmers and ranchers, and farmworkers; (7) requires that 5
percent of projects awarded through education teams and
curriculum development go towards veterans; (8) places a 5
percent cap on administrative expenses; (9) limits
indirect costs to 10%; and (10) the Secretary should act
through the Director of the National Institute of Food and
Agriculture in carrying out the Beginning Farmer and
Rancher Development grant program. The Senate amendment
requires that grants for socially disadvantaged farmers
and ranchers are for a term no longer than 3 years and in
an amount no more than $250,000 for each year of the
grant; and requires the Secretary to give priority in
awarding grants to nongovernmental and community based
organizations with expertise in working with socially
disadvantaged, or veteran, farmers and ranchers. (Section
12301)
The conference substitute adopts the Senate provision with
an amendment that authorizes the Secretary to waive the
matching requirement in the Beginning Farmer and Rancher
Development program of the Farming Opportunities Training
Outreach program to effectively reach an underserved area or
population; requires a simplified application process for all
grants under $50,000; provides $30 million in mandatory
funding in fiscal years 2019 and 2020, $35 million in fiscal
year 2021, $40 million for fiscal year 2022, and $50 million
for fiscal year 2023 and each year thereafter and authorizes
$50 million a year in appropriations for FY 2019-2023,
reserved equally between Beginning Farmer and Rancher
Development Grant Program and the authority under subsection
(c) (socially disadvantaged and veterans). (Section 12301)
The Managers recognize the increasing demand for
programming for beginning and socially disadvantaged farmers,
so the Conference agreement includes $435 million in
mandatory funding for the Farming Opportunities Training
Outreach program, which combines the Beginning Farmer and
Rancher Development Program and the Outreach Program for
Socially Disadvantaged Farmers and Veterans. The Managers
have provided permanent funding for this program to ensure
that the program has baseline funding hereafter. The Managers
also intend that the Secretary will continue to administer
the Beginning Farmer and Rancher Development Program through
the National Institute of Food and Agriculture and that the
Outreach Program for Socially Disadvantaged Farmers and
Veterans be administered through the Office of Partnerships
and Public Engagement.
(16) Urban agriculture
The Senate amendment adds a new section 222 in the
Department of Agriculture Reorganization Act of 1994 to: (1)
establish an Office and Director of Urban Agriculture and
Innovative Production to encourage and promote urban, indoor,
and other emerging agricultural production practices; (2)
establish an Urban Agriculture and Innovative Production
Advisory Committee; (3) provide for the assignment of a farm
number for rooftop, indoor, and other urban farms; (4)
provide authority to award competitive grants to operate
community gardens or nonprofit farms, educate a community on
food systems, nutrition, environmental impacts, and
agricultural production, and help offset start-up costs for
new and beginning farmers; (5) establish pilot projects to
increase compost and reduce food waste, and create urban and
suburban county committees; and (6) authorize appropriations
of $25 million a year. (Section 12302)
The House bill does not contain a comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that adjusts the Director's responsibilities,
reduces the committee to 12 members, amends the reporting
requirement, removes provision relating to the assignment of
farm numbers, removes community organizations and
institutions of higher learning from consideration for
grants, removes funding priority provision, and limits
authorization of appropriations to fiscal years 2019 through
2023. (Section 12302)
The Managers recognize that urban agriculture and
innovative production methods like indoor and rooftop farming
create new economic opportunities in urban, suburban, and
rural communities. The Managers acknowledge that urban
agriculture and innovative production methods also increase
access to food in low-income communities and improve
availability of fresh products throughout the entire year,
and recognize that these agricultural opportunities help
build a new generation of farmers.
The Managers intend that the Office of Urban Agriculture
and Innovative Production be responsible for policy and
program development, as well as interagency collaboration,
and provide customer service to external stakeholders on
issues pertaining to urban agriculture and innovative
production. The Managers direct the Secretary to update Farm
Service Agency procedures that allow for assignment of farm
numbers (as defined in section 718.2 of title 7, Code of
Federal Regulations) to include rooftop farms, indoor farms,
and other urban farms.
The Managers direct that individual grants awarded through
the Office of Urban Agriculture and Innovative Production
serve multiple farmers or gardeners for the purposes of
community service, education, farm incubation, or making a
profit. The Managers encourage the Secretary to use these
grants to assist with costs related to agricultural
production including but not limited to land acquisition,
equipment, utilities, seeds and plants, supplies, basic
transportation, and farm cooperative development. The
Managers expect the Secretary to establish criteria and
guidelines to meet the suggested purposes of the grant
program.
The Managers recognize composting is not the only available
technology for food waste recovery. It is the Managers'
intent that any pilot project under this section does not
adversely impact existing commercial relationships of other
food waste recovery efforts, including those of commercial
renderers who collect and process animal and food waste from
commercial and farm sources. It is the Manager's intent that
activities occurring through pilot projects selected under
this paragraph shall take into consideration the most-
preferred food waste recovery activities as described in the
Food Recovery Hierarchy of the Environmental Protection
Agency (as of the date of enactment or any successor guidance
or outreach materials).
(17) Office of advocacy and outreach
The House bill amends section 226B of the Department of
Agriculture Reorganization Act of 1994 to: (1) change the
name of the office to the ``Office of Partnerships and Public
Engagement'', and makes applicable conforming amendments; (2)
extend outreach to limited resource producers, veteran
farmers and ranchers, and Tribal farmers and ranchers, and
promotes outreach specifically to youth; (3) expand the
duties of the office to include veteran farmers and ranchers
and Tribal farmers and ranchers; (4) expand the Office's
monitoring of goals and objectives to veteran farmers and
ranchers and Tribal farmers and ranchers; (5) expand the
Office's measuring of outcomes to veteran farmers and
ranchers and Tribal farmers and ranchers; and (6) reauthorize
appropriations at existing levels through FY2023. (Section
11203)
The Senate amendment reauthorizes appropriations at
existing levels through FY2023. (Section 12303)
The Conference substitute adopts the House provision with
an amendment that does not separately define Tribal farmers
and ranchers aside from the definition of socially
disadvantaged farmers and ranchers, which includes tribal
farmers and ranchers. (Section 12406)
The Managers acknowledge that it is important for the
Office of Partnerships and Public Engagement (OPPE) to
improve access to USDA programs for tribal farmers and
ranchers and direct this office to conduct these outreach
efforts. Tribal farmers and ranchers are already included in
the definition of a socially disadvantaged farmer and
rancher, so the conferees did not adopt the addition of
tribal farmers and ranchers from the House bill.
The Managers recognize that the Office of Tribal Relations
(OTR) is an important function of USDA and should be within
the Office of the Secretary. The Director of OTR serves as
USDA's primary point of contact for consultation and
coordination with Tribal Governments and should continue to
directly advise the Secretary on tribal issues and policies.
The Managers agree that OTR should coordinate with OPPE to
provide outreach and assistance to tribes and tribal farmers
and ranchers to improve access to USDA programs and
resources.
(18) Tribal advisory committee
The House bill amends section 309 of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization
Act of 1994 to transfer the Office of Tribal Relations into
the newly established Office of Partnerships and Public
Engagement. (Section 11204)
The Senate amendment amends section 309 of the Department
of Agriculture Reorganization Act of 1994 to establish the
USDA
[[Page H10023]]
Tribal Advisory Committee to advise the Secretary on tribal
agricultural topics and annually report recommendations to
the Secretary. (Section 12304)
The Conference substitute adopts the Senate provision with
an amendment altering the manner in which the membership of
the committee is established. (Section 12303)
(19) Youth outreach and beginning farmer coordination
The House bill amends the Department of Agriculture
Reorganization Act of 1994 by inserting after section 220 a
new section 221 to: (1) establish the position of
Agricultural Youth Coordinator to promote the role of youth-
serving organizations and school-based agricultural
education; (2) direct the Coordinator to identify short-term
and long-term interests of the Department; (3) direct the
Coordinator to assist ``young farmers''; (4) direct
``particular emphasis on beginning farmer and rancher
programs''; (5) outline contracts and cooperative agreements
the Coordinator may engage in with land-grant universities,
research centers of the Agricultural Research Service, and
nonprofit organizations; and (6) with regard to contracts and
cooperative agreements (Section 221(c)(1)), include ``the
conduct of regional research on the profitability of small
farms.'' (Section 11206)
The Senate amendment amends the Farm Security and Rural
Investment Act of 2002 by inserting after section 7404 a new
7405 to: (1) establish an Agricultural Youth Coordinator to
promote and coordinate outreach through the use of contracts
and cooperative agreements; (2) authorize the Agricultural
Youth Coordinator to use contracts for youth education; (3)
direct assistance to ``youth involved in food and agriculture
organizations''; and (4) list areas of emphasis including:
beginning farmer and rancher programs, agriculture education,
nutrition education science, technology, engineering, and
mathematics education, and other food and agriculture
programs for youth. (Section 12306)
The Conference substitute adopts the House provision with
an amendment that exchanges the term ``young farmers'' for
``youth.'' (Section 12305)
The Managers recognize the importance of involving youth in
farming and ranching through programs like 4-H, FFA, and Farm
to School. The Managers intend for the Agricultural Youth
Organization Coordinator to promote youth-serving
organizations and school-based agricultural education, serve
as a resource for assisting youth organizations in
agriculture in applying for participation in agricultural
programs, and advocate on behalf of youth organizations in
agriculture in interactions with employees of the Department.
(20) State beginning farmer and rancher coordination
The House bill amends section 226 of the Department of
Agriculture Reorganization Act of 1994 to direct the
Secretary, through the FSA, to designate one employee, who
receives sufficient training, from among employees of FSA,
NRCS, RMA, RBCS or RUS, in each state as the State Beginning
Farmer and Rancher Coordinator responsible for developing a
State plan to coordinate outreach and technical assistance in
county and area Department offices. (Section 11202)
The Senate amendment amends the Farm Security and Rural
Investment Act of 2002 by inserting after section 7404 a new
7405 to: establish a National Beginning Farmer and Rancher
Coordinator to provide outreach and technical assistance to
help beginning farmers and ranchers participate in Department
programs. The Senate provision for directing the Secretary is
the same as contained in the House bill, but Senate language
does not require the Secretary to work through the FSA.
(Section 12306)
The Conference substitute adopts the Senate provision with
an amendment that adopts the definition of ``beginning farmer
or rancher'' as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990. (Section
12304)
The Managers recognize that America's farmers and ranchers
are aging while, at the same time, aspiring and beginning
farmers face challenges in establishing successful
operations. The Managers intend for the National Beginning
Farmer and Rancher Coordinator and the associated State
Coordinators to assist new and beginning farmers and ranchers
with technical assistance and make them aware of USDA
programs.
(21) Availability of department of agriculture programs for
veteran farmers and ranchers
The Senate amendment: (1) amends the definition of veteran
as any individual who has obtained veteran status within the
previous 10 years, as defined in section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990; (2) extends
benefits to veterans including Farm Service Agency down
payment loans, reduced interest rates on guaranteed loans,
increased coverage under Emergency Assistance for Livestock,
Honey Bees, and Farm-raised Fish, reduced premiums and fees
for the Noninsured Crop Disaster Assistance Program, and
increased educational focus from the Food Safety Outreach
Program and the Federal Crop Insurance Education Program; and
(3) amends the definition of veteran, for the purpose of Risk
Management Agency programs, as any individual who has gained
veteran status within the previous 5 years and extends to
veterans eligibility for increased premium subsidy, lower
administrative fees, and assistance in establishing baseline
yields. (Section 12307)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12306)
The Managers encourage the Department to expand support to
new veteran farmers and have therefore made veterans eligible
for additional farm program priorities and discounts. The
Conference Substitute also changes the definition of a
veteran farmer to include all new veterans who are farmers.
(22) Office of congressional relations and intergovernmental
affairs
The Senate amendment amends section 218 of the Department
of Agriculture Reorganization Act of 1994 to rename the
Assistant Secretary of Congressional Relations as the
Assistant Secretary of Congressional Relations and
Intergovernmental Affairs and allows for the succession of
the current Senate confirmed Assistant Secretary into the
newly titled role. (Section 12401)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12401)
(23) Military veterans agricultural liaison
The Senate amendment amends section 219 of the Department
of Agriculture Reorganization Act of 1994 to improve
coordination between USDA and other federal agencies to
assist in providing information to veterans about
agricultural vocational and rehabilitation programs and
directs the Military Veterans Liaison to report collected
information annually and publish it on a dedicated website.
(Section 12402)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12402)
The Managers intend for the website authorized under this
section to improve coordination between USDA and other
federal agencies to assist in providing information to
veterans about agricultural programs. The Managers recognize
that improving communication channels between USDA officials
and veterans will ensure that USDA is better able to assist
veterans who are looking to return home and start a new
career in agriculture.
(24) Civil rights analysis
The Senate amendment amends the Department of Agriculture
Reorganization Act of 1994 by inserting after section 222 a
new section 223 that requires the Secretary to conduct a
civil rights analysis of certain actions of USDA, allows the
Assistant Secretary of Civil Rights to grant, on a case-by-
case basis, an expedited civil rights analysis or a waiver of
the civil rights analysis, and requires the Comptroller
General of the United States to conduct a study of various
actions and efforts of USDA concerning civil rights. (Section
12403)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that requires the Department to conduct civil
rights impact analyses in accordance with the Department's
current policy, Departmental Regulation 4300-004, issued by
USDA on October 16, 2016. (Section 12403)
The Managers recognize the history of discriminatory
actions at the Department and want to ensure that the
Department is in compliance with civil rights requirements.
The conference report thus adopts two provisions, a civil
rights impact analysis, and a Comptroller General report.
First, the Managers recognize the importance of evaluating
the potential discriminatory effects of certain actions,
policies, or decisions under consideration by the Department
of Agriculture and therefore require the Secretary to conduct
civil rights impact analyses in accordance with Departmental
Regulation 4300-004, as in effect on October 17, 2016, the
Department's current policy.
The Managers understand that any proposed action or policy
could have unintended adverse or disproportionate impacts on
employees, applicants, contractors, or beneficiaries of the
Department based on their membership in a group that is
protected from discrimination under Federal law. The Managers
therefore intend for the Secretary to use the civil rights
impact analyses as an opportunity to proactively identify
these impacts and, if applicable, implement changes to the
proposed activity to ensure the Department's actions and
policies do not have a negative civil rights impact.
Second, the conference report also requires the Comptroller
General to conduct a study describing the effectiveness of
the Department in processing and resolving civil rights
complaints, minority participation rates in farm programs,
the implications of the realignment of civil rights functions
of the Department, and the Department's efforts to identify
and reduce the incidence of civil rights violations.
(25) Farm service agency
The Senate amendment provides conforming technical
corrections related to administrative reorganization actions,
renaming the Consolidated Farm Service Agency as the Farm
Service Agency. (Section 12404)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12404)
(26) Under Secretary of agriculture for farm production and
conservation
The House bill changes references to the former Under
Secretary of Agriculture for
[[Page H10024]]
Farm and Foreign Agricultural Services in various laws to
either the Under Secretary of Agriculture for Production and
Conservation or the Under Secretary for Trade and Foreign
Agricultural Affairs, and amends references to the Under
Secretary for Rural Development in the Agricultural Act of
1961, the Agricultural Marketing Act of 1946, the Native
American Business Development, Trade Promotion, and Tourism
Act of 2000, and the Rehabilitation Act of 1973 by inserting
``or other official designated by the Secretary''. (Section
11601)
The Senate amendment provides conforming technical
corrections related to previously carried out administrative
reorganization actions including the creation of the FPAC
mission area, and the creation of the Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs.
(Section 12405)
The Conference substitute adopts the Senate provision.
(Section 12405)
(27) Under Secretary of agriculture for rural development
The Senate amendment directs the Secretary to establish the
position of Under Secretary of Agriculture for Rural
Development as a permanent, mandatory position. (Section
12406)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12407)
Section 12407 requires the Department to reestablish the
position of Under Secretary for Rural Development, a position
formerly established in the Department. The Managers intend
for this position to be a permanent, mandatory position and
not subject to any administrative reorganizations.
The Managers recognize that Rural Development's more than
$222 billion dollar financial portfolio leverages significant
investments throughout rural America, serving as an important
source of capital for underserved communities, and provides
essential technical assistance and supports families,
farmers, ranchers, and businesses across America.
(28) Administrator of the rural utilities service
The Senate amendment allows the Administrator of the Rural
Utilities Service to be paid a salary consistent with other
administrators in the Department's Rural Development mission
area. (Section 12407)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that properly aligns the provision with Title 5,
and removes unnecessary conforming amendments. (Section
12408)
(29) Rural health liaison
The Senate amendment establishes a Rural Health Liaison to
coordinate the Department's role in rural health with other
Federal agencies and improve communication to and
coordination with stakeholders. (Section 12408)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment changing the ``Interagency Task Force on
Agriculture and Rural Prosperity'' to the ``Council on Rural
Community Innovation and Economic Development.'' (Section
12409)
(30) Natural resources conservation services
The Senate amendment requires the Secretary to provide a
60-day notice to the House and Senate Agriculture Committees
before closing an office of the Natural Resources
Conservation Service (NRCS) or relocating personnel employed
within NRCS or the Rural Development mission area, and
provides conforming technical amendments to applicable
statutes related to previously carried out administrative
reorganization actions including the creation of the FPAC
mission area. (Section 12410)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment reducing the ``60 day'' notice to ``30 days'',
and terminating the authority for this provision on September
30, 2023. (Section 12410)
(31) Office of the chief scientist
The Senate amendment amends section 251 of the Department
of Agriculture Reorganization Act of 1994 to update the name
of the Research, Education, and Extension Office to the
``Office of the Chief Scientist,'' change the term of service
for Division Chiefs, and provide conforming technical
corrections to the Department of Agriculture Reorganization
Act of 1994 related to the creation of the Under Secretary
for Trade and Foreign Agricultural Affairs created in the
2014 Farm Bill. (Section 12411)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12411)
(32) Trade and foreign agricultural affairs
The Senate amendment provides conforming technical
corrections to the Department of Agriculture Reorganization
Act of 1994 related to the creation of the Under Secretary
for Trade and Foreign Agricultural Affairs in the 2014 Farm
Bill. (Section 12412)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12413)
(33) Repeals
The Senate amendment repeals outdated authorities pursuant
to the Department of Agriculture Reorganization Act of 1994,
repeals Section 3208 of the Agricultural Act of 2014, and
corrects prior statutory drafting errors amending Department
of Agriculture Reorganization Act of 1994. (Section 12413)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment absorbing modified rule of construction language
from the Effect of Subtitle provision. (Section 12414)
(34) Technical corrections
The Senate amendment corrects prior statutory drafting
errors amending the Department of Agriculture Reorganization
Act of 1994. (Section 12414)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12415)
(35) Effect of subtitle
The Senate amendment allows the technical amendments in
Sections 12408 and 12414 to be effective retroactively.
(Section 12415)
The House bill has no comparable provision.
The Conference substitute does not adopt the Senate
provision and instead incorporates amended language in the
Section 12414.
(36) Termination of authority
The House bill amends the Department of Agriculture
Reorganization Act of 1994 to provide that the Secretary has
the authority to carry out amendments made to that Act by
Section 772 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act
of 2018 and the Federal Agriculture Improvement Act of 2018.
(Section 11602)
The Senate provision amends the Department of Agriculture
Reorganization Act of 1994 to allow the Secretary to carry
out the amendments made to that Act by the Federal
Agriculture Improvement Act of 2018. (Section 12416)
The Conference substitute adopts the House provision as
amended by the Senate amendment. (Section 12416)
(37) ACER access and development program
The Senate amendment reauthorizes ACER Access and
Development Program to make competitive grants to promote the
domestic maple syrup industry and extends the authority for
appropriations through FY 2023. (Section 12501)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12501)
(38) Pet and Women Safety
The Senate amendment: (1) amends various sections of the
U.S. criminal code to enact provisions regarding crimes
targeting the pets of abuse victims, including Section 2261A
of title 18 USC (crimes pertaining to interstate stalking)
and Section 2262 of title 18 USC (crimes pertaining to
interstate violation of protection orders); (2) amends
section 2264 of title 18 USC (pertaining to court-ordered
restitution for offenses) to include veterinary services
relating to physical care for the victim's pet; (3) amends
Section 2266 of title 18 USC (definitions) to establish a
definition for pets; (4) directs the Secretary of
Agriculture, in coordination with DOJ, HUD, and HHS, to award
grants to eligible entities to carry out programs (emergency
and transitional shelter and housing assistance) to provide
assistance, which shall be provided for a period of not more
than 24 months, with the option to extend for an additional 6
months, to victims of domestic violence and their pets, which
includes construction or operating expenses of newly
developed or existing emergency and transitional shelter and
housing for domestic violence victims with pets, temporary
boarding expenses of pets, and expenses for pet-related
services such as transportation and veterinary care; (5)
requires participating entities, not later than 1 year after
receiving grants under this subsection and each year
thereafter, to submit to the Secretary a report that contains
details of assistance provided and program participants, and
requires an annual compilation report be submitted to
Congress; and (6) authorizes appropriations for $3 million a
year for FY2019-2023 for a grant program to provide emergency
and transitional housing assistance for victims of domestic
violence and their pets. (Section 12503)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment to rename the provision ``Protecting Animals
with Shelter'' and to authorize the Secretary to enter into a
memorandum of understanding with the head of other relevant
departments to facilitate the grant program to assist victims
of domestic violence and their pets, and clarify the
definition of pet to include certain companion animals, while
also providing protections for other animals such as horses,
service animals, and emotional support animals. (Section
12502)
The Managers recognize that victims of domestic violence
often may be reluctant to leave an abusive relationship out
of fear for the safety and welfare of their companion
animals. Animal friendly housing can be difficult to secure,
and the costs entailed with animal housing can factor into
victims' decisions to leave abusive relationships. Section
12502 authorizes appropriations for $3 million for each of
fiscal years 2019 through 2023 to establish a grant program
to provide emergency and transitional housing assistance
[[Page H10025]]
for domestic violence victims with pets. The Secretary of
Agriculture may enter into a memorandum of understanding with
another Department or Agency to administer the grants under
this section. The conference substitute clarifies the
definition of pet to include certain companion animals, while
also providing protections for other animals such as horses,
service animals, and emotional support animals. Further, this
section expands federal domestic violence and stalking
protections to include crimes targeting pets, horses, service
animals and emotional support animals.
(39) Data on conservation practices
The Senate amendment: (1) creates a secure data collection
system through which the Department, pursuant to established
privacy and confidentiality protocols; (2) allows for
analysis and review of data from various agencies regarding
the impact of covered conservation practices on crop yields,
soil health, and farm and ranch profitability; (3)
establishes protocols and procedures to allow for the
collection of data from existing Departmental databases and
for the voluntary submission of data from producers; (4)
establishes a data warehouse to contain the data collected
under this section that can be accessed by an academic
institution or researcher; and (5) requires the Risk
Management Agency to work with other agencies to conduct
research and analyze how yield variability and risk are
impacted by certain conservation practices. (Section 12504)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that reconfigures the provision to function as a
report generated by the Secretary after the identification of
available Departmental data on conservation practices and the
effect of such practices on farm and ranch profitability
including effects relating to crop yields, soil health. The
report generated by the Secretary will summarize the data and
the steps the Secretary will have to take to provide access
to the data to university researchers, including technical,
privacy or administrative considerations, the safeguards
linked to providing access to data, appropriate procedures to
maximize research benefits, and recommendations relating to
Federal authorizations needed to allow access to data.
(Section 12618)
In order to increase the knowledge of how conservation
practices or suites of conservation practices may affect crop
yields, soil health, and other risk-related factors, the
Managers intend for USDA to identify a compilation of the
available data sets within the Department, including the
potential use of databases created in this act under Section
1240H(d) of the Environmental Quality Incentives'
Conservation Innovation Grants (CIG) and the Conservation
Effects Assessment Project (CEAP) or the database under the
Acreage Crop Reporting Streamlining Initiative (ACRSI).
During the internal review of the data sets held by USDA,
the Managers encourage the Secretary to also include any
other ongoing initiatives of a similar nature inside and
outside of the Federal government and consider any steps
needed to expand or improve the collection of existing data
to benefit the usefulness for research and analysis. The
Managers also encourage the Secretary to keep in mind the
potential to integrate elements of activities encouraged
under this section and other data-related initiatives, such
as ACRSI, in order to avoid duplication. Nothing in this
section is intended to replace or interfere with existing
efforts and the Managers intend for such efforts as the
conservation modeling under CEAP or the collaboration between
the Natural Resources Conservation Service and the Risk
Management Agency on existing or future collaborative
research on soil types, cover crops or other management
practices to continue. The Managers expect any review or
analysis of any personally identifiable information or data
set in this section to adhere and uphold to the maximum
extent Department and agency privacy and confidentiality
protocols that are in place. The Managers intend for limited
access to apply to a narrow group of other researchers, such
as those in academia. However, the Managers do not intend to
provide controlled access under this authority to others
directly or indirectly outside of the Federal government,
such as non-governmental organizations.
(40) Marketing orders
The House bill adds ``pecans'' to the list of commodities.
(Section 9202)
The Senate amendment adds ``pecans'' and ``cherries'' to
the list of commodities. (Section 12505)
The Conference substitute adopts the Senate provision.
(Section 12503)
The Managers intend that the term ``cherries'' includes all
processed tart or sour cherries, including frozen and dried
cherries (with or without added sweetener), cherry juice
(concentrate or single strength), and canned cherries.
(41) Study on food waste
The Senate amendment directs the Secretary to conduct a
study to evaluate and determine methods of measuring food
waste, factors creating food waste, particularly of fresh
food products, and whether USDA programs disrupt existing
food waste recovery and disposal by commercial, marketing, or
business relationships and instructs the Secretary to issue
an initial and an annual report. (Section 12506)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision into
an amended section wherein the newly created Food Loss and
Waste Reduction Liaison will conduct the study on food waste
and issue an initial report and additional report relating to
data collected on food waste, and efforts to reduce and
prevent such waste. (Section 12504)
(42) Establishment of food loss and waste reduction liaison
The House bill authorizes USDA to establish, within the
Office of the Secretary, a ``Food Loss and Waste Reduction
Liaison'' to coordinate federal programs to measure and
reduce the incidence of food loss and waste, provide
information and resources, and raise awareness of the
liability protections for donated foods. (Section 11607)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment directing the Secretary to conduct a food waste
study, in consultation with the Food Loss and Waste Reduction
Liaison, who will issue an initial report and additional
report relating to data collected on food waste and efforts
to reduce and prevent such waste. (Section 12504)
The Managers intend for the results of the Study on Food
Waste to inform the development of best practices for food
loss and waste reduction and food recovery efforts carried
out under this section. The Managers encourage the Food Loss
and Waste Reduction Liaison to continue to monitor and review
the volume of food wasted and the results of the food waste
reduction and loss prevention activities carried out by the
Department subsequent to the submission of the report under
subsection (e)(2).
(43) Report on business centers
The Senate amendment requires GAO to issue a report
evaluating each USDA business center. Further, the amendment
requires that the report examine the effectiveness of the
Department's business centers, impacts on budgets and
personnel, and recommendations to improve the operation and
function of those business centers. (Section 12507)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12505)
(44) Information technology modernization
The Senate amendment requires GAO to issue reports
evaluating the Department's information technology
modernization efforts, and outlines the initial report, the
updates, and the comprehensive reports to be issued. (Section
12508)
The House bill contains no comparable provision.
The Conference substitute does not adopt the Senate
provision.
(45) Report on personnel
The Senate amendment requires the Department to biannually
submit to the House and Senate Agriculture Committees a
report describing the number of staff years and employees
employed for each agency of the Department. (Section 12509)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12506)
(46) Report on absent landlords
The Senate amendment requires the Secretary to conduct a
study on absent landlords within one year of enactment. In
conducting the study, the Secretary shall consider certain
impacts of absent landlords on land value, soil health, and
economic viability and provide recommendations on how to
mitigate these impacts. (Section 12510)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12507)
(47) Restriction on use of certain poisons for predator
control
The Senate amendment restricts the use of sodium cyanide
(M-44 devices) to kill predatory animals only in accordance
with Wildlife Services (WS) Directive Number 2.415 of the
Animal and Plant Health Inspection Service, dated February
27, 2018, and the implementation guidelines attached to that
Directive. (Section 12511)
The House bill contains no comparable provision.
The Conference substitute does not adopt the Senate
provision.
(48) Century farms program
The House bill establishes a program under which the
Secretary recognizes any farm that a state program or similar
agricultural organization recognizes as a century farm, or a
farm as defined under section 7 CFR 4284.902, and farms that
have been in continuous operation by the same family for at
least 100 years. (Section 11610)
The Senate amendment establishes a National Century Farms
Program to recognize state programs and farms that have been
in continuous operation by the same family for at least 100
years. (Section 12512)
The Conference substitute adopts the House provision.
(Section 12508)
(49) Report on importation of live dogs
The House bill directs the Secretary, in conjunction with
the Secretaries of Commerce, Health and Human Services and
Homeland Security, to provide a report to
[[Page H10026]]
Congress on the volume of live dogs imported to the U.S.
(Section 11612)
The Senate amendment contains a comparable provision but
excludes the inclusion of the importation of personal pets.
(Section 12513)
The Conference substitute adopts the House provision with
an amendment strengthening the coordination efforts between
the Departments of Commerce, Health and Human Services, and
Homeland Security to enable the Secretary to collect,
compile, and disseminate this data to Congress in order to
better understand the public health implications of importing
dogs into the United States. (Section 12509)
The Managers recognize that little is known about the
volume of live dogs imported into the United States, whether
as personal pets or animals seeking adoption or purchase by
American households. Animal and zoonotic diseases pose
serious risks to the U.S., and greater understanding of the
pathways these diseases could be entering the U.S., such as
via imported live dogs, is warranted.
The Managers instruct the Secretary to develop a report on
the importation of live dogs into the United States to be
submitted to the House Committee on Agriculture and the
Senate Committee on Agriculture, Nutrition and Forestry no
later than 1 year after the date of enactment of this Act.
The Secretary of Commerce, the Secretary of Health and Human
Services and the Secretary of Homeland Security shall provide
to the Secretary of Agriculture all available data and
information relating to the importation of live dogs into the
U.S to complete the report.
(50) Promise zones
The Senate amendment codifies the Tribal Promise Zones
program and provides for the continuation of currently
existing Tribal Promise Zones to leverage public-private
investment. (Section 12515)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment striking the section addressing competitive
enhancement in federal awards to tribal promise zones.
(Section 12510)
(51) Precision agriculture connectivity
The House bill highlights the importance of precision
agriculture and the need so agriculture cost can be lowered
by 2050, and establishes a Task Force for Reviewing the
Connectivity and Technology Needs of Precision Agriculture to
identify gaps in rural technology and make policy
recommendations to help address these issues. (Sections 6801
& 6802)
The Senate amendment: (1) highlights the importance of
precision agriculture and the need so agriculture cost can be
lowered by 2050; (2) establishes a Task Force for Reviewing
the Connectivity and Technology Needs of Precision
Agriculture in the U.S.to identify gaps in rural technology
and make policy recommendations to help address these issues;
(3) ensures that no provider of broadband internet access
service is required to duplicate the reporting of data; (4)
holds that the Task Force and the ``Commission'' (FCC) shall
not interpret the use of the term ``future programs of the
Commission'' to include universal service programs under the
Communications Act of 1934 (47 U.S.C. 254); and (5) requires
an agricultural producer representing tribal agriculture to
be on the Task Force. (Section 12516)
The Conference substitute adopts the Senate provision with
an amendment clarifying the definition of the term
``broadband Internet access service''. (Section 12511)
As the USDA develops financing, policy and other aspects
related to rural broadband development, the Managers request
USDA take into account Sec. 2110 of the FAA Extension,
Safety, and Security Act of 2016. This will ensure
communication towers providing broadband services in rural
areas that meet the specifications described in Section 2110
are properly marked and entered into a FAA database to
protect the safety of aerial applicators, aerial
firefighters, public health applicators, medevac units, law
enforcement and other low-flying aircraft.
Section 12511 requires the Federal Communications
Commission (FCC), in collaboration with the Department, to
form a task force to evaluate the best ways to meet the
broadband needs of precision agriculture in the United
States. The task force is focused on identifying and
measuring gaps in broadband coverage, and developing policy
recommendations to promote rapid, expanded deployment of
broadband in agricultural areas.
The Managers believe many rural businesses do not have
access to broadband services. Both the FCC and the U.S.
Department of Agriculture, through the Rural Utilities
Service (RUS), provide Federal support to bring broadband to
rural areas. In rural areas, broadband has the potential to
enable precision agriculture for farmers and ranchers by
integrating emerging technologies and global position systems
(GPS) to assist in the most efficient use of their land.
The Managers direct the Commission and the Department to
review House Report 115-837 for additional details about the
history, purpose, and implementation of this section.
(52) Improved soil moisture and precipitation monitoring
The Senate amendment allows the Secretary to consider
findings from additional drought monitoring stations and to
establish new stations, to improve the accuracy of the U.S.
Drought Monitor utilized in determining grazing disaster
assistance for livestock producers, and authorizes $5 million
in appropriations for FY2019-2013. (Section 12517)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment simplifying the Secretary's efforts from those
imposed by the Senate provision, and instructs the Secretary
to coordinate with the Director of the National Drought
Mitigation Center and the Administrator of the National
Oceanic and Atmospheric Administration to enhance the
collection of data to improve the accuracy of the United
States Drought Monitor, review the type of data utilized by
the Drought Monitor and the geographic coverage of data
sites, and make improvements. (Section 12512)
(53) Dairy business innovation initiatives
The Senate amendment requires the Agricultural Marketing
Service to establish at least three regionally located dairy
product and business innovation initiatives to provide grants
and nonmonetary assistance to dairy businesses, provides
direction for the selection of initiatives, entities eligible
to host initiatives, activities of the initiatives,
distribution of funds and reporting requirements, and
authorizes $20 million in appropriations for each fiscal
year. (Section 12519)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment that streamlines the establishment and selection
of the initiatives, amends language related to eligible and
ineligible entities, streamlines the eligible types of
assistance that are allowed, edits the priorities to be
considered for the awarding of grants, and simplifies the
reporting requirements. (Section 12513)
(54) Report on funding for the national institute of food and
agriculture and other extension programs
The Senate amendment instructs that no later than 2 years
after the 2017 Census of Agriculture is released under the
Census of Agriculture Act of 1997, the Secretary submit to
Congress a report describing the funding necessary to
adequately address NIFA's needs, activities, and ability to
provide adequate services for the growth and development of
the economies of rural communities based on the changing
demographic in the rural and farming communities in the
various States, paying particular attention to carrying out
activities relating to small and diverse farms and ranches,
veteran farmers and ranchers, value-added agriculture,
direct-to-consumer sales, and specialty crops. (Section
12520)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12514)
(55) Prohibition on slaughter of dogs and cats for human
consumption
The House bill: (1) adds a new section 30 to the Animal
Welfare Act to prohibit a person from knowingly slaughtering
a dog or cat for human consumption, or knowingly shipping,
transporting, moving, delivering, receiving, possessing,
purchasing, selling, or donating a dog or cat to be
slaughtered for human consumption, or dog or cat parts for
human consumption; (2) sets forth that such prohibition shall
apply only with respect to conduct in or affecting interstate
or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States; (3)
establishes that any person who violates this section shall
be subject to imprisonment for not more than 1 year, or a
fine of not more than $2,500, or both; and (4) provides that
this section does not limit any State or local law or
regulations from protecting the welfare of animals, or
prevent a State or local governing body from adopting and
enforcing more stringent laws or regulations. (Section 11613)
The Senate amendment: (1) sets forth that no person may
knowingly slaughter a dog or cat for human consumption, or
knowingly ship, transport, move, deliver, receive, possess,
purchase, sell, or donate a dog or cat to be slaughtered
for human consumption, or a dog or cat part for human
consumption; (2) provides that such prohibition shall
apply only with respect to conduct in interstate commerce
or foreign commerce; or within the special maritime and
territorial jurisdiction of the United States; (3)
provides that the prohibition shall not apply to an Indian
(as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)) carrying
out any activity described in subsection (a) for the
purpose of a religious ceremony; (4) establishes that any
person who violates the prohibition shall be subject to a
fine in an amount not greater than $5,000 for each
violation; and (5) provides that this section does not
limit any State or local law or regulation protecting the
welfare of animals; or prevent a State or unit of local
government from adopting and enforcing more stringent laws
or regulations. (Section 12521)
The Conference substitute adopts the Senate provision with
an amendment relating to interstate commerce. (Section 12515)
(56) Report on honey and maple syrup
The House bill requires the Secretary to submit a report,
not later than 60 days after enactment, to the House and
Senate Agriculture Committees examining the effect of final
FDA regulation, ``Food Labeling: Revision of the Nutrition
and Supplement Facts
[[Page H10027]]
Labels'' (81 Federal Register 33742), has on consumer
perception regarding the ``added sugar'' statement required
to be included on panels by the final rule with respect to
packaged food in which no sugar is added during processing,
including pure honey and maple syrup. (Section 9203)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House bill with an
amendment that incorporates language permitting the food
labeling requirements under section 403(q) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) to not
require that the nutrition facts label of any single
ingredient sugar, honey, agave, and syrup, including maple
syrup, that is packaged and offered for sale as a single
ingredient food bear the declaration ``Includes Xg Added
Sugars.'' (Section 12516)
The Managers take note of numerous surveys highlighting
high incidence of consumer confusion resulting from a
mandatory declaration specifying ``added sugar'' on nutrition
facts panel labels on single ingredient products such as pure
honey and pure maple syrup. While the Managers are willing to
consider future proposals by the Food and Drug Administration
(FDA) to specify percent daily value in relation to the sugar
content in these single ingredient products, the Managers'
intent is to stop FDA from requiring any form of a mandatory
declaration of ``added sugar'' content on single ingredient
products. The Managers further suggest that future efforts by
the FDA to regulate added sugar aspects of the nutrition
facts label should be informed by research documenting
consumer interpretation of proposed label statements.
(57) Expedited exportation of certain species
The Senate amendment instructs the Director of the Fish and
Wildlife Service (FWS) to issue a rule proposing to amend FWS
requirements pertaining to export permissions for certain
species. The rule is to consider establishing expedited
procedures for exporting sea urchins and sea cucumbers
intended for human and animal food. (Section 12601)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment amending Fish and Wildlife Service (FWS)
regulations relating to export permission requirements for
green sea urchins, only, to facilitate their exportation, and
requires data on the conservation and management of green sea
urchins be provided to relevant government entities. (Section
12617)
(58) Baiting of migratory game birds
The Senate amendment: (1) provides definitions for normal
agricultural operation, post-disaster flooding, and certain
agricultural practices related to rice production; (2)
requires the Secretary of the Interior, in consultation with
the Secretary of Agriculture, to revise agency regulations
clarifying that certain practices for rice producers, when
carried out as part of a normal agricultural operation, do
not constitute baiting; and (3) directs the Secretary to
issue reports related to the provisions of the section.
(Section 12602)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
a minor amendment to the reporting requirements of the
Secretaries of Agriculture and the Interior. (Section 12601)
(59) Pima agriculture cotton trust fund
The House bill repeals the program and creates ``Textile
Trust Fund'' in section 11304. (Section 11301)
The Senate amendment reauthorizes section 12314 of the
Agricultural Act of 2014, clarifies how funds shall be
distributed to yarn spinners, amends the requirements of the
affidavit, makes technical changes and updates, and provides
funding for the trust fund for each calendar year through
2023. (Section 12603)
The Conference substitute adopts the Senate provision.
(Section 12602)
(60) Agriculture wool apparel manufacturers trust fund
The House bill repeals the program and creates ``Textile
Trust Fund'' in Section 11304. (Section 11302)
The Senate amendment reauthorizes section 12315 of the
Agricultural Act of 2014, makes technical changes and
updates, and provides funding for the trust fund for each
calendar year through 2023. (Section 12604)
The Conference substitute adopts the Senate provision.
(Section 12603)
(61) Wool research and promotion
The House bill repeals the program and creates ``Textile
Trust Fund'' in Section 11304. (Section 11303)
The Senate amendment reauthorizes section 12316 of the
Agricultural Act of 2014 and extends the $2.25 million in
mandatory funding for each of calendar years 2019 through
2023. (Section 12605)
The Conference substitute adopts the Senate provision.
(Section 12604)
(62) Textile trust fund
The House bill: (1) establishes the Textile Trust Fund for
the purposes of reducing injury for certain domestic
manufacturers resulting from tariffs on certain cotton and
wool products that are higher than tariffs on certain cotton
and wool apparel articles made from those products; (2)
provides for the distribution of funds from the Textile Trust
Fund for manufacturers of pima cotton and wool products, and
for wool research and promotion; (3) provides for the timing
of distributions of funds from the Textile Trust Fund; (4)
authorizes the Textile Trust Fund through calendar year 2023
and provides funding; and (5) directs the Secretary, for each
calendar year 2019 through 2023, to transfer from CCC to the
Textile Trust Fund $25.5 million to be allocated as such,
with funds to remain available until expended; $8 million to
eligible manufacturers of pima cotton; $15 million to
eligible wool manufacturers; and $2.25 million in grants for
wool research and promotion. (Section 11304)
The Senate amendment contains no comparable provision to
the creation of the Textile Trust Fund, but contains related
provisions in sections 12603, 12604, and 12605.
The Conference substitute does not adopt the House
provision.
(63) Emergency citrus disease research and extension program
(research and development trust fund)
The House bill reauthorizes the Emergency Citrus Disease
Research and Extension Program through 2023, extends the
authorization of the appropriation of $25 million in funding
per year through 2023, and extends the $25 million of
mandatory funding for the Citrus Disease Research and
Extension Program for each fiscal year through 2023. (Section
7305)
The Senate amendment: (1) establishes a citrus trust fund
and directs the Secretary to make payments annually for the
purpose of citrus research and extension activities,
technical assistance, and development activities to combat
certain pests and diseases as well as to support
dissemination and commercialization of certain relevant
discoveries; (2) prioritizes payments for the same research
priorities established by the Citrus Disease Subcommittee of
the Specialty Crop Committee of the National Agricultural
Research, Extension, Education, and Economics Advisory Board
per Section 1408A(g)(4) of the National Agricultural
Research, Extension and Teaching Policy Act of 1977; (3)
requires the Secretary, when determining how to distribute
payments from the trust funds, to seek input from the Federal
and State agencies and others involved in citrus disease
response, and consider other public and private citrus-
related research and extension; (4) requires the Secretary to
ensure that funds provided from the trust fund not supplant
funds made available to carry out other citrus disease
activities carried out by USDA; and (5) requires the
Secretary to transfer to the Citrus Trust Fund $25 million
from the Commodity Credit Corporation for each of fiscal
years 2019 through 2023. (Section 12606)
The Conference substitute adopts the Senate provision with
an amendment striking certain language from the Senate
provision, simplifying the program, and directing the
Secretary to carry out the Emergency Citrus Disease Research
Extension Program in section 412(j) of the Agricultural
Research, Extension and Education Reform Act of 1998.
(Section 12605)
(64) Extension of merchandise processing fees
The Senate amendment extends section 503 of the United
States-Korea Free Trade Agreement Implementation Act (Public
Law 112-41; 19 U.S.C. 3805 note) for 13 weeks to May 26,
2027. (Section 12607)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12606)
(65) Conforming changes to controlled substances act
The Senate amendment amends the existing exemptions to
include hemp as defined in section 297A of the Agricultural
Marketing Act of 1946 and tetrahydrocannabinols in hemp (as
defined under section 297A of the Agricultural Marketing Act
of 1946). (Section 12608)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12619)
(66) National flood insurance program reauthorization
The Senate amendment extends financing authority of the
program through January 31, 2019 and extends the program
through January 31, 2019. (Section 12609)
The House bill contains no comparable provision.
The Conference substitute does not adopt the Senate
provision.
(67) Eligibility for operators on heirs property land to
obtain a farm number
The Senate amendment defines ``eligible documentation'' to
include: (1) in states that have adopted the Uniform
Partition of Heirs Property Act, a court order verifying the
land meets the definition of heirs property or certification
from the local recorder of deeds that the recorded landowner
is deceased and not less than one heir has initiated a
procedure to retitle the land; (2) a tenancy-in-common
agreement that sets out ownership rights and responsibilities
among all of the land owners; (3) tax returns for the
preceding five years; (4) self-certification that the farm
operator has control of the land; and (5) any other
documentation identified by the Secretary as an alternative
form of eligible documentation.
The Senate provision also requires the Secretary to provide
for the assignment of a farm number to any farm operator who
provides an form of eligible documentation, for purposes of
demonstrating that the farm operator has control of the land
for purpose of
[[Page H10028]]
defining that land as a farm, and requires the Secretary to
identify alternative forms of eligible documentation that a
farm operator may provide in seeking the assignment of a farm
number. (Section 12623)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 12615)
The Managers recognize that farm operators on land that has
been passed down through multiple generations without formal
probate proceedings may not have clear title to the land. The
Managers intend for this section to ensure operators of such
land, commonly referred to as heirs' property, who provide
certain documentation to the Secretary are eligible to
receive farm numbers for the purposes of accessing programs
offered by the Farm Service Agency, Natural Resources
Conservation Service, and Risk Management Agency. In
determining States that have enacted or adopted the Uniform
Partition of Heirs Property Act, the Managers intend that
USDA consider ``State'' to mean any of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, Republic of
Palau, Federated States of Micronesia, and the Republic of
the Marshall Islands.
(68) Farmland ownership data collection
The Senate amendment instructs the Secretary to 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 and socially
disadvantaged farmers and ranchers. (Section 12625)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment merging the Senate provision with Section 2506
of Title II, and House Section 7604. (Section 12607)
(69) National Oilheat Research Alliance
The Senate amendment repeals section 713 of the National
Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469), allowing it to become permanent law, and
inserts new section 708 addressing limitations on the
obligations of funds. (Section 12627)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment extending the covered period to 10 years.
(Section 12531)
(70) Reauthorization of rural emergency medical services
training and equipment assistance program
The Senate amendment inserts a short title for the section,
adds ``or to residents of rural areas'', reauthorizes the
program through FY2019-2023, and strikes subsections (b)
through (f) and inserts: (b) provides that eligible
applicants shall be emergency medical services agencies; (c)
allows funds to be used to train medical emergency personnel,
conduct training courses, recruit personnel, and purchase
emergency medical equipment; (d) caps grants at $200,000 per
award; (f) requires 25 percent match by the grantee; and (e)
defines emergency medical services as resources used to
deliver medical services outside of a medical facility;
includes services delivered by other provider certified by
State. (Section 12628)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with
an amendment reducing the 25 percent match to 10 percent.
(Section 12608)
(71) Definition of retail facilities
The House bill amends section 6 of OSHA Act of 1970 to
codify an existing exemption for agricultural retailers from
the U.S. Occupational Safety and Health Administration's
(OSHA) Process Safety Management (PSM) of Hazardous Chemicals
standard. (Section 9131)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(72) Commission on farm transitions--Needs for 2050
The House bill establishes a commission and sets an
organizational framework, to be known as the Commission on
Farm Transitions--Needs for 2050 to conduct a study and issue
a report on a variety of issues impacting the transition of
agricultural operations from established farmers and ranchers
to the next generation of farmers and ranchers. (Section
11205)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment clarifying the applicable exemptions to the
Federal Advisory Committee Act, and terminating the
commission on September 30, 2023. (Section 12609)
(73) Restoring certain exceptions to United States Grain
Standard Act
The House bill allows certain grain handling facilities to
restore a prior exception with an official agency designated
under the rule entitled ``Exceptions to Geographic Areas for
Official Agencies Under the USGSA'' published by the
Department of Agriculture in the Federal Register on April
18, 2003 (68 Fed. Reg. 19137) if certain criteria are met.
(Section 11401)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment restoring the nonuse of service exception to the
geographic boundary provisions of the United States Grain
Standards Act and allows a grain handling facility that lost
a nonuse of service exception after October 1, 2015, to
notify the Federal Grain Inspection Service to restore the
prior exception. (Section 12610)
The Managers remain concerned with the Department's
implementation of the U.S. Grain Standards Act provisions
that provided for a ``written agreement'' exception program,
which replaced the former ``non-use of service'' exception
program. In USDA's notice of the final rule to implement
``Reauthorization of the United States Grain Standards Act'',
81 Fed. Reg. 49855 (July 29, 2016) USDA indicated its
intention to ``continue to honor'' the 95 current agreements
for agencies to operate outside of their assigned geographic
territories. However, Federal Grain Inspection Service (FGIS)
Directive 9290.18, which was issued to provide instructions
on how to implement the new requirements, contradicted the
intention expressed in the notice of final rule and created
uncertainty for grain handling facilities. Specifically, FGIS
permitted unilateral termination of these agreements by an
incumbent designated agency--a practice that Congress did not
intend, did not agree with, and subsequently prevented
through appropriations language.
Unilateral termination created uncertainty for grain
handling facilities--the primary customers of the officially
designated inspection agencies. The conference substitute
reinstates the ``non-use of service exception and establishes
a new policy that precludes unilateral termination of these
exception agreements. The Managers believe that it is
important for grain handling facilities and the excepted
official agency to have input into this process and that FGIS
should not permit one party to terminate an exception
agreement.
The Managers do not intend for the restoration of
exceptions to require a formal rulemaking process. The
Managers intend to provide a near term option for grain
handling facilities to go back to a previously approved by
the Department non-use of service exception agreement,
provided that the former excepted official agency agrees.
Grain handling facilities would have 90 days from enactment
to notify the Secretary of its preferred date to restore the
exception and within 90 days of this notification, the
Secretary must restore this exception. The Managers do not
intend for the Secretary to wait 90 days to restore an
exception. The Managers urge FGIS and the Secretary to work
with the grain handling facilities and excepted agencies to
expedite this process. The Managers intend that if an
official agency loses its designation, any exceptions that
agency has are terminated by the Secretary. If that agency
regains its designation the Secretary may restore the
exceptions it had. The Managers expect the Department to work
closely with and give considerable weight to the input
provided by the customer that previously utilized these
exceptions when taking into account whether or not to restore
the exception.
The Managers expect the Department to issue an updated
directive noting the restored exception category and the
process to reinstate exceptions that had been terminated. The
Managers expect FGIS to carefully review requests to
reinstate an exception when one or more parties to the
previous exception have changed ownership and to reinstate
the exception as appropriate.
(74) Conference report requirement threshold
The House bill amends the section to raise the threshold
for conferences excluded from the report from those costing
less than $10,000, to those costing less than $75,000.
(Section 11603)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment reducing the threshold to $50,000. (Section
12611)
(75) National agriculture imagery program
The House bill: (1) instructs the Secretary, working
through FSA, to institute a national agriculture imagery
program to annually acquire aerial imagery during
agricultural growing seasons from the continental United
States; (2) requires that the aerial imagery acquired under
this section shall consist of high resolution processed
digital imagery, be made available in a format that can be
provided to Federal, State, and private sector entities, be
technologically compatible with geospatial information
technology, and be consistent with the standards established
by the Federal Geographic Data Committee; and (3) authorizes
appropriations of $23 million for fiscal year 2019 and each
fiscal year thereafter. (Section 11604)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 12612)
(76) Report on inclusion of natural stone products in
Commodity Promotion, Research, and Information Act of
1996
The House bill instructs that no later than 180 days after
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives
only, a report examining the effect of the establishment of a
Natural Stone Research and Promotion Board pursuant to the
Commodity Promotion, Research, and Information Act of 1996
would have on the natural
[[Page H10029]]
stone industry, on economic development in rural areas, and
on benefits to consumers. (Section 11605)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 12613)
(77) Establishment of food access liaison
The House bill amends subtitle A of the Department of
Agriculture Reorganization Act of 1994 by adding a new
section establishing a Food Access Liaison to coordinate USDA
programs, to reduce barriers to food access, and to monitor
and evaluate the progress of such programs. (Section 11608)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision.
(Section 12614)
(78) Cotton classification services
The House bill amends section 3a to provide that employees
hired to provide cotton classification services may work up
to 240 calendar days in a service year and may be rehired
non-competitively every year if they meet performance and
conduct expectations. (Section 11609)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(79) Report on agricultural innovation
The House bill instructs that no later than 180 days after
enactment of this Act, the Secretary, in consultation with
the Administrator of the EPA and the Commissioner of the FDA,
shall prepare and submit a report to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. The
report shall focus on plans for improving the Federal
government's policies and procedures relating to gene editing
and other precision plant breeding methods. (Section 11611)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(80) Consideration of the totality of conservation measures
The House bill amends section 7(b)(3) of the Endangered
Species Act to add considerations when determining whether a
Federal agency action is likely to jeopardize the continued
existence of any endangered species or threatened species or
result in the destruction or adverse modification of the
critical habitat of a species. (Section 11614)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(81) Depredation permits for black vultures
The House bill authorizes the Secretary of the Interior in
conjunction with the Director of the United States Fish and
Wildlife Service, to issue depredation permits to livestock
farmers, authorizing, with limitations, takings of black
vultures otherwise prohibited by Federal law to prevent such
vultures from taking livestock during the calving season,
provided that the permit holder report the taking of the
vultures to appropriate enforcement agencies. (Section 11615)
The Senate amendment contains no comparable provision.
The conference substitute does not adopt the House
provision.
(82) Extending prohibition on animal fighting to the
territories
The House bill eliminates certain exceptions in order to
extend the provision to states and territories where it may
not have been applicable. (Section 11616)
The Senate amendment contains no comparable provision.
The Conference substitute adopts the House provision with
an amendment to change the ``effective date'' to one year
after enactment of this Act. (Section 12616)
(83) Waters of the United States rule
The House bill repeals the final rule issued by the EPA and
the Secretary of the Army entitled ``Clean Water Rule:
Definition of `Waters of the United States''', published on
June 29, 2015, and any regulation or policy revised under, or
otherwise affected as a result of, that rule shall be applied
as if that rule had not been issued. (Section 11617)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(84) Prohibition against interference by state and local
governments with production or manufacture of items in
other states
The House bill instructs that the government of a State or
locality therein shall not impose a standard or condition on
the production or manufacture of any agricultural product,
sold or offered for sale in interstate commerce, if the
production or manufacture occurs in another State and the
standard or condition is in addition to Federal standards and
the laws of the State and locality in which production or
manufacture occurs.
The House bill also states that, pursuant to Section 207 of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1626) the
term ``agricultural product'' includes agricultural,
horticultural, viticultural, and dairy products, livestock
and poultry, bees, forest products, fish and shellfish, and
any products thereof, including processed and manufactured
products, and any and all products raised or produced on
farms and any processed or manufactured product thereof.
(Section 11701)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
(85) Federal cause of action to challenge state regulation of
interstate commerce
The House bill provides a private right of action, in the
appropriate court, for individual persons, and a variety of
entities, affected by a regulation of a State or unit of
local government which regulates any aspect of an
agricultural product, including any aspect of the method of
production, which is sold in interstate commerce, or any
means or instrumentality through which such an agriculture
product is sold in interstate commerce, to invalidate such a
regulation and seek damages for economic loss resulting from
such regulation.
The House bill also provides preliminary injunctive relief
to preclude enforcement of the regulation at issue pursuant
to certain standards. The applicable statute of limitations
is 10 years. (Section 11702)
The Senate amendment contains no comparable provision.
The Conference substitute does not adopt the House
provision.
Additional Report Language
Section 12520 Authorization of protection operations for the
Secretary of Agriculture and others
The Managers intend for the Department to exercise the
protection authorities granted in section 12520 when
warranted, including to individuals serving in Acting
Secretary or Deputy Secretary roles, consistent with threat
assessments and applicable guidelines or requirements.
Section (a)(2) grants the authority to provide protection
that is incidental to the protection provided to the
Secretary or Deputy Secretary. Such authority should be used
only when: (1) extenuating circumstances occur that pose an
articulable threat to such individual; and (2) the security
of the Secretary or Deputy Secretary would not be jeopardized
in protecting other qualified individuals. Such extenuating
circumstances may include, for example, a car accident, where
individuals traveling with the Secretary have suffered
physical harm and the Secretary's protection would not be
jeopardized by protecting other qualified individuals. The
Managers do not intend for the number of security personnel
accompanying the Secretary or Deputy Secretary to increase
because of any potential need to protect any additional
persons in extenuating circumstances.
The Managers are wary of increasing security costs. The
Department has represented to the Managers that it does not
anticipate spending additional resources over its current
budget and that in exercising this authority, it does not
intend to automatically provide protection to additional
Department officials. Although this authority is being
provided, the Managers do not expect for the Department to
alter the current level of protection or the number of
officials protected, unless warranted.
The Managers further intend for the term ``continuous
protection'' to mean protection at all times when there is an
articulable threat of physical harm, as assessed through
threat assessments, including at a personal residence and
during periods of personal, non- official activities.
The Managers intend for the report required by subsection
(e) to describe the individuals to whom protection was
provided under this authority, the extent and frequency of
such protections, and measures undertaken to determine the
necessity of protection. The Department shall provide the
Committee on Agriculture of the United States House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the United States Senate with timely
briefings, upon request, regarding the use of this authority.
COMPLIANCE WITH RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE
REGARDING REMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and Rule XLIV o the Standing Rules of the
Senate, neither this conference report nor the accompanying
joint statement of managers contains any congressional
earmarks, congressionally directed spending items, limited
tax benefits, or limited tariff benefits, as defined in such
rules.
From the Committee on Agriculture, for consideration of the
House bill and the Senate amendment, and modifications
committed to conference:
K. Michael Conaway,
Glenn Thompson of Pennsylvania,
Bob Goodlatte,
Frank D. Lucas,
Mike Rogers of Alabama,
Austin Scott of Georgia,
Eric A. ``Rick'' Crawford,
Vicky Hartzler,
Rodney Davis of Illinois,
Ted S. Yoho,
David Rouzer,
Roger W. Marshall,
Jodey C. Arrington,
Collin C. Peterson,
David Scott of Georgia,
Jim Costa,
Marcia L. Fudge,
James P. McGovern,
Filemon Vela,
[[Page H10030]]
Ann M. Kuster of New Hampshire,
Tom O'Halleran,
Virginia Foxx,
Rick W. Allen,
Alma S. Adams,
Kevin Cramer,
Edward R. Royce,
Steve Chabot,
Eliot L. Engel,
Rob Bishop of Utah,
Bruce Westerman,
Raul M. Grijalva,
James Comer,
Ralph Lee Abraham,
Neal P. Dunn,
Eddie Bernice Johnson of Texas,
Jeff Denham,
Bob Gibbs,
Cheri Bustos.
Managers on the Part of the House.
Pat Roberts,
Mitch McConnell,
John Boozman,
John Hoeven,
Joni Ernst,
Debbie Stabenow,
Patrick J. Leahy,
Sherrod Brown,
Heidi Heitkamp.
Managers on the Part of the Senate.