[115th Congress Public Law 334]
[From the U.S. Government Publishing Office]
[[Page 4489]]
AGRICULTURE IMPROVEMENT ACT OF 2018
<star> (Star Print)
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Public Law 115-334
115th Congress
An Act
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2023, and
for other purposes. <<NOTE: Dec. 20, 2018 - [H.R. 2]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agriculture
Improvement Act of 2018.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 7 USC 9001 note.>> 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.
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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.
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Sec. 2707. Critical conservation areas.
Subtitle H--Repeals and Technical Amendments
PART I--Repeals
Sec. 2811. Repeal of Conservation Corridor Demonstration Program.
Sec. 2812. Repeal of cranberry acreage reserve program.
Sec. 2813. Repeal of National Natural Resources Foundation.
Sec. 2814. Repeal of flood risk reduction.
Sec. 2815. Repeal of study of land use for expiring contracts and
extension of authority.
Sec. 2816. Repeal of Integrated Farm Management Program Option.
Sec. 2817. Repeal of clarification of definition of agricultural lands.
PART II--Technical Amendments
Sec. 2821. Technical amendments.
Sec. 2822. State technical committees.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3101. Labeling requirements.
Sec. 3102. Food aid quality assurance.
Sec. 3103. Local sale and barter of commodities.
Sec. 3104. Minimum levels of assistance.
Sec. 3105. Food aid consultative group.
Sec. 3106. Issuance of regulations.
Sec. 3107. Oversight, monitoring, and evaluation.
Sec. 3108. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3109. Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and
economy.
Sec. 3110. Allowance for distribution costs.
Sec. 3111. Prepositioning of agricultural commodities.
Sec. 3112. Annual report regarding food aid programs and activities.
Sec. 3113. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3114. Minimum level of nonemergency food assistance.
Sec. 3115. Termination date for micronutrient fortification programs.
Sec. 3116. John Ogonowski and Doug Bereuter Farmer-to-Farmer program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3201. Agricultural trade promotion and facilitation.
Subtitle C--Other Agricultural Trade Laws
Sec. 3301. Growing American Food Exports.
Sec. 3302. Food for Progress Act of 1985.
Sec. 3303. Bill Emerson Humanitarian Trust Act.
Sec. 3304. Promotion of agricultural exports to emerging markets.
Sec. 3305. Cochran fellowship program.
Sec. 3306. Borlaug International Agricultural Science and Technology
Fellowship program.
Sec. 3307. International Agricultural Education Fellowship program.
Sec. 3308. International food security technical assistance.
Sec. 3309. McGovern-Dole International Food for Education and Child
Nutrition program.
Sec. 3310. Global Crop Diversity Trust.
Sec. 3311. Local and regional food aid procurement projects.
Sec. 3312. Foreign trade missions.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Requirements for online acceptance of benefits.
Sec. 4002. Re-evaluation of thrifty food plan.
Sec. 4003. Food distribution program on Indian reservations.
Sec. 4004. Simplified homeless housing costs.
Sec. 4005. Employment and training for supplemental nutrition assistance
program.
Sec. 4006. Improvements to electronic benefit transfer system.
Sec. 4007. Review of supplemental nutrition assistance program
operations.
Sec. 4008. Retail incentives.
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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.
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Sec. 5410. Expansion of acreage exception to loan amount limitation.
Sec. 5411. Repeal of obsolete provisions; technical corrections.
Sec. 5412. Corporation as conservator or receiver; certain other powers.
Sec. 5413. Reporting.
Sec. 5414. Study on loan risk.
Sec. 5415. GAO report on ability of the Farm Credit System to meet the
agricultural credit needs of Indian tribes and their members.
Sec. 5416. GAO report on credit service to socially disadvantaged
farmers and ranchers.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural America
Sec. 6101. Combating substance use disorder in rural America;
prioritizations.
Sec. 6102. Distance learning and telemedicine.
Sec. 6103. Refinancing of certain rural hospital debt.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Sec. 6201. Access to broadband telecommunications services in rural
areas.
Sec. 6202. Expansion of middle mile infrastructure into rural areas.
Sec. 6203. Modifications to the Rural Gigabit Program.
Sec. 6204. Community Connect Grant Program.
Sec. 6205. Outdated broadband systems.
Sec. 6206. Default and deobligation; deferral.
Sec. 6207. Public notice, assessments, and reporting requirements.
Sec. 6208. Environmental reviews.
Sec. 6209. Use of loan proceeds to refinance loans for deployment of
broadband service.
Sec. 6210. Smart utility authority for broadband.
Sec. 6211. Refinancing of telephone loans.
Sec. 6212. Federal broadband program coordination.
Sec. 6213. Transition rule.
Sec. 6214. Rural broadband integration working group.
Subtitle C--Miscellaneous
Sec. 6301. Exclusion of certain populations from definition of rural
area.
Sec. 6302. Establishment of technical assistance program.
Sec. 6303. Rural energy savings program.
Sec. 6304. Northern Border Regional Commission reauthorization.
Sec. 6305. Definition of rural area for purposes of the Housing Act of
1949.
Sec. 6306. Council on Rural Community Innovation and Economic
Development.
Subtitle D--Additional Amendments to the Consolidated Farm and Rural
Development Act
Sec. 6401. Strategic economic and community development.
Sec. 6402. Expanding access to credit for rural communities.
Sec. 6403. Water, waste disposal, and wastewater facility grants.
Sec. 6404. Rural water and wastewater technical assistance and training
programs.
Sec. 6405. Rural water and wastewater circuit rider program.
Sec. 6406. Tribal college and university essential community facilities.
Sec. 6407. Emergency and imminent community water assistance grant
program.
Sec. 6408. Water systems for rural and native villages in Alaska.
Sec. 6409. Rural decentralized water systems.
Sec. 6410. Solid waste management grants.
Sec. 6411. Rural business development grants.
Sec. 6412. Rural cooperative development grants.
Sec. 6413. Locally or regionally produced agricultural food products.
Sec. 6414. Appropriate technology transfer for rural areas program.
Sec. 6415. Rural economic area partnership zones.
Sec. 6416. Intemediary relending program.
Sec. 6417. Access to information to verify income for participants in
certain rural housing programs.
Sec. 6418. Providing for additional fees for guaranteed loans under the
Consolidated Farm and Rural Development Act.
Sec. 6419. Rural Business-Cooperative Service programs technical
assistance and training.
Sec. 6420. National Rural Development Partnership.
Sec. 6421. Grants for NOAA weather radio transmitters.
Sec. 6422. Rural microentrepreneur assistance program.
Sec. 6423. Health care services.
Sec. 6424. Rural innovation stronger economy grant program.
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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.
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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.
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Sec. 7602. Transfer of administrative jurisdiction over portion of Henry
A. Wallace Beltsville Agricultural Research Center,
Beltsville, Maryland.
Sec. 7603. Foundation for food and agriculture research.
Sec. 7604. Assistance for forestry research under the McIntire-Stennis
Cooperative Forestry Act.
Sec. 7605. Legitimacy of industrial hemp research.
Sec. 7606. Collection of data relating to barley area planted and
harvested.
Sec. 7607. Collection of data relating to the size and location of dairy
farms.
Sec. 7608. Agriculture innovation center demonstration program.
Sec. 7609. Smith-Lever community extension program.
Sec. 7610. Mechanization and automation for specialty crops.
Sec. 7611. Experienced services program.
Sec. 7612. Simplified plan of work.
Sec. 7613. Review of land-grant time and effort reporting requirements.
Sec. 7614. Matching funds requirement.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8101. Support for State assessments and strategies for forest
resources.
Sec. 8102. State and private forest landscape-scale restoration program.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
Sec. 8201. Repeal of recycling research.
Sec. 8202. Repeal of forestry student grant program.
Subtitle C--Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals relating to biomass.
Subtitle D--Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction
on Federal land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect infestations
and related diseases.
Sec. 8407. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8408. Authorization of appropriations for designation of treatment
areas.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry Programs
Sec. 8501. Repeal of revision of strategic plan for forest inventory and
analysis.
Sec. 8502. Semiarid agroforestry research center.
Sec. 8503. National Forest Foundation Act.
Sec. 8504. Conveyance of Forest Service administrative sites.
Subtitle F--Forest Management
Sec. 8601. Definition of National Forest System.
PART I--Expedited Environmental Analysis and Availability of Categorical
Exclusions to Expedite Forest Management Activities
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer
habitat.
PART II--Miscellaneous Forest Management Activities
Sec. 8621. Additional authority for sale or exchange of small parcels of
National Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8626. Tennessee wilderness.
Sec. 8627. Kisatchie National Forest land conveyance.
Sec. 8628. Purchase of Natural Resources Conservation Service property,
Riverside County, California.
Sec. 8629. Collaborative Forest Landscape Restoration Program.
Sec. 8630. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8631. Okhissa Lake rural economic development land conveyance.
Sec. 8632. Remote sensing technologies.
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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.
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Sec. 11117. Continuing education for loss adjusters and agents.
Sec. 11118. Program administration.
Sec. 11119. Agricultural commodity.
Sec. 11120. Maintenance of policies.
Sec. 11121. Reimbursement of research, development, and maintenance
costs.
Sec. 11122. Research and development authority.
Sec. 11123. Funding for research and development.
Sec. 11124. Technical amendment to pilot programs.
Sec. 11125. Education and risk management assistance.
Sec. 11126. Repeal of cropland report annual updates.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Animal disease prevention and management.
Sec. 12102. Sheep production and marketing grant program.
Sec. 12103. Feasibility study on livestock dealer statutory trust.
Sec. 12104. Definition of livestock.
Sec. 12105. National Aquatic Animal Health Plan.
Sec. 12106. Veterinary training.
Sec. 12107. Report on FSIS guidance and outreach to small meat
processors.
Sec. 12108. Regional Cattle and Carcass Grading Correlation and Training
Centers.
Subtitle B--Agriculture and Food Defense
Sec. 12201. Repeal of Office of Homeland Security.
Sec. 12202. Office of Homeland Security.
Sec. 12203. Agriculture and food defense.
Sec. 12204. Biological agents and toxins list.
Sec. 12205. Authorization of appropriations.
Subtitle C--Historically Underserved Producers
Sec. 12301. Farming opportunities training and outreach.
Sec. 12302. Urban agriculture.
Sec. 12303. Tribal Advisory Committee.
Sec. 12304. Beginning farmer and rancher coordination.
Sec. 12305. Agricultural youth organization coordinator.
Sec. 12306. Availability of Department of Agriculture programs for
veteran farmers and ranchers.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental
Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 12406. Office of Partnerships and Public Engagement.
Sec. 12407. Under Secretary of Agriculture for Rural Development.
Sec. 12408. Administrator of the Rural Utilities Service.
Sec. 12409. Rural Health Liaison.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Appointment of national appeals division hearing officers.
Sec. 12413. Trade and foreign agricultural affairs.
Sec. 12414. Repeals.
Sec. 12415. Technical corrections.
Sec. 12416. Termination of authority.
Subtitle E--Other Miscellaneous Provisions
PART I--Miscellaneous Agriculture Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. Protecting animals with shelter.
Sec. 12503. Marketing orders.
Sec. 12504. Establishment of food loss and waste reduction liaison.
Sec. 12505. Report on business centers.
Sec. 12506. Report on personnel.
Sec. 12507. Report on absent landlords.
Sec. 12508. Century farms program.
Sec. 12509. Report on importation of live dogs.
Sec. 12510. Tribal Promise Zones.
[[Page 132 STAT. 4500]]
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. <<NOTE: 7 USC 9001 note.>> 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
[[Page 132 STAT. 4501]]
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.''.
[[Page 132 STAT. 4502]]
(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)--
[[Page 132 STAT. 4503]]
(A) in paragraph (1), by inserting ``, unless the
sum of the base acres on the farm, when combined with
the base acres of other farms in which the producer has
an interest, is more than 10 acres'' before the period
at the end; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at
the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) a beginning farmer or rancher (as defined in
subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)); or
``(D) a veteran farmer or rancher (as defined in
subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)).'';
and
(2) in subsection (e), by adding at the end the following:
``(5) Effect of reduction.--For each crop year for which
fruits, vegetables (other than mung beans and pulse crops), or
wild rice are planted to base acres on a farm for which a
reduction in payment acres is made under this subsection, the
Secretary shall consider such base acres to be planted, or
prevented from being planted, to a covered commodity for
purposes of any adjustment or reduction of base acres for the
farm under section 1112.''.
SEC. 1105. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Except as provided in subsection (g), for the
2014 through 2018 crop years'' and inserting ``For the 2014
through 2018 crop years (except as provided in subsection (g))
and for the 2019 through 2023 crop years (subject to subsection
(h))'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (a), the producers on a farm that
elect under paragraph (2) of such subsection to obtain
agriculture risk coverage under section 1117'' and inserting
``subsection (a) or (h), as applicable, the producers on a farm
that elect to obtain agriculture risk coverage'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``or the 2019 crop year, as applicable'' after
``2014 crop year'';
(B) in paragraph (1), by inserting ``or the 2019
crop year, as applicable,'' after ``2014 crop year'';
and
(C) by striking paragraph (2) and inserting the
following:
``(2) subject to subsection (h), the producers on the farm
shall be deemed to have elected, as applicable--
``(A) price loss coverage for all covered
commodities on the farm for the 2015 through 2018 crop
years; and
``(B) the same coverage for each covered commodity
on the farm for the 2020 through 2023 crop years as was
applicable for the 2015 through 2018 crop years.'';
[[Page 132 STAT. 4504]]
(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:
[[Page 132 STAT. 4505]]
``(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
[[Page 132 STAT. 4506]]
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
[[Page 132 STAT. 4507]]
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(5) effective for the 2019 through 2023 crop years, in the
case of county coverage, assign an actual or benchmark county
yield for each planted acre for the crop year for the covered
commodity--
``(A) for a county for which county data collected
by the Risk Management Agency are sufficient for the
Secretary to offer a county-wide insurance product,
using the actual average county yield determined by the
Risk Management Agency; or
``(B) for a county not described in subparagraph
(A), using--
``(i) other sources of yield information, as
determined by the Secretary; or
``(ii) the yield history of representative
farms in the State, region, or crop reporting
district, as determined by the Secretary.''; and
(6) by adding at the end the following:
``(h) Publications.--
``(1) County guarantee.--
``(A) In general.--For each crop year for a covered
commodity, the Secretary shall publish information
describing, for that crop year for the covered commodity
in each county--
``(i) the agriculture risk coverage guarantee
for county coverage determined under subsection
(c)(1);
``(ii) the average historical county yield
determined under subsection (c)(2)(A); and
``(iii) the national average market price
determined under subsection (c)(2)(B).
``(B) Timing.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), not later than 30 days
after the end of each applicable 12-month
marketing year, the Secretary shall publish the
information described in subparagraph (A).
``(ii) Insufficient data.--In the case of a
covered commodity, such as temperate japonica
rice, for which the Secretary cannot determine the
national average market price for the most recent
12-month marketing year by the date described in
clause (i) due to insufficient reporting of timely
pricing data by 1 or more nongovernmental
entities, including a marketing cooperative for
the covered commodity, as soon as practicable
after the pricing data are made available, the
Secretary shall publish information describing--
``(I) the agriculture risk coverage
guarantee under subparagraph (A)(i); and
``(II) the national average market
price under subparagraph (A)(iii).
``(iii) Transition.--Not later than 60 days
after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall
publish the information described in clauses (i)
and (ii) of subparagraph (A) for the 2018 crop
year.
[[Page 132 STAT. 4508]]
``(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.
[[Page 132 STAT. 4509]]
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.
[[Page 132 STAT. 4510]]
``(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
[[Page 132 STAT. 4511]]
(2) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Contaminated Commodities.--In the
case of a loan commodity that is ineligible for 100 percent of the
nonrecourse marketing loan rate in the county due to a determination
that the commodity is contaminated yet still merchantable, for each of
the 2019 through 2023 crops of such loan commodity, the Secretary shall
make available recourse commodity loans, at the rate provided under
section 1202, on any production.''.
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Sugar Program.--
(1) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) 19.75 cents per pound for raw cane sugar for each of
the 2019 through 2023 crop years.''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2018'' and inserting ``2023''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
striking ``2018'' and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Dairy Margin Coverage and Other Dairy Related Provisions
SEC. 1401. DAIRY MARGIN COVERAGE.
(a) Review of Data Used in Calculation of Average Feed Cost.--Not
later than 60 days after the date of the enactment of this Act, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating the extent to which the
average cost of feed used by a dairy operation to produce a
hundredweight of milk calculated by the Secretary as required by section
1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is
representative of actual dairy feed costs.
(b) Corn Silage Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
[[Page 132 STAT. 4512]]
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) <<NOTE: 7 USC 9052 note.>> 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
[[Page 132 STAT. 4513]]
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
[[Page 132 STAT. 4514]]
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
[[Page 132 STAT. 4515]]
$4.50 $0.0025
$5.00 $0.005
$5.50 $0.100
$6.00 $0.310
$6.50 $0.650
$7.00 $1.107
$7.50 $1.413
$8.00 $1.813''.
----------------------------------------------------------------------------------------------------------------
(i) Repayment of Premiums.--Section 1407 of the Agricultural Act of
2014 (7 U.S.C. 9057) is amended by adding at the end the following:
``(f) Repayment of Premiums.--
``(1) In general.--Each dairy operation described in
paragraph (2) shall be eligible to receive a repayment from the
Secretary in an amount equal to the difference between--
``(A) the total amount of premiums paid by the
participating dairy operation under this section for
each applicable calendar year; and
``(B) the total amount of payments made to the
participating dairy operation under section 1406 for
that calendar year.
``(2) Eligibility.--A dairy operation that is eligible to
receive a repayment under paragraph (1) is a dairy operation
that--
``(A) participated in the margin protection program,
as in effect for any of calendar years 2014 through
2017; and
``(B) submits to the Secretary an application for
the repayment at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Method of repayment.--A dairy operation that is
eligible to receive a repayment under paragraph (1) shall elect
to receive the repayment--
``(A) in an amount equal to 75 percent of the
repayment calculated under that paragraph as credit that
may be used by the dairy operation for dairy margin
coverage premiums; or
``(B) in an amount equal to 50 percent of the
repayment calculated under that paragraph as a direct
cash repayment.
``(4) Applicability.--Paragraph (1) shall only apply to a
calendar year during the period of calendar years 2014 through
2017 for which the amount described in subparagraph (A) of that
paragraph is greater than the amount described in subparagraph
(B) of that paragraph.''.
(j) Premium Discount.--Section 1407 of the Agricultural Act of 2014
(7 U.S.C. 9057) (as amended by subsection (i)) is amended by adding at
the end the following:
``(g) Premium Discount.--The premium per hundredweight specified in
the tables contained in subsections (b) and (c) for each coverage level
shall be reduced by 25 percent in accordance with the following:
[[Page 132 STAT. 4516]]
``(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'';
[[Page 132 STAT. 4517]]
(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
[[Page 132 STAT. 4518]]
(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) <<NOTE: 7 USC 9051 note.>> 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) <<NOTE: 7 USC 608c note.>> 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.
[[Page 132 STAT. 4519]]
(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. <<NOTE: 7 USC 9071.>> MILK DONATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible dairy organization.--The term `eligible dairy
organization' means a dairy farmer (either individually or as
part of a cooperative), or a dairy processor, who--
``(A) accounts to a Federal milk marketing order
marketwide pool; and
``(B) incurs qualified expenses under subsection
(e).
``(2) Eligible distributor.--The term `eligible distributor'
means a public or private nonprofit organization that
distributes donated eligible milk.
``(3) Eligible milk.--The term `eligible milk' means Class I
fluid milk products produced and processed in the United States.
``(4) Eligible partnership.--The term `eligible partnership'
means a partnership between an eligible dairy organization and
an eligible distributor.
``(5) Participating partnership.--The term `participating
partnership' means an eligible partnership for which the
Secretary has approved a donation and distribution plan for
eligible milk under subsection (c)(2).
``(b) Program Required; Purposes.--Not later than 180 days after the
date of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall establish and administer a milk donation program for the
purposes of--
``(1) encouraging the donation of eligible milk;
``(2) providing nutrition assistance to individuals in low-
income groups; and
``(3) reducing food waste.
``(c) Donation and Distribution Plans.--
``(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that--
``(A) describes the process that the eligible
partnership will use for the donation, processing,
transportation, temporary storage, and distribution of
eligible milk;
[[Page 132 STAT. 4520]]
``(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
[[Page 132 STAT. 4521]]
``(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''.
[[Page 132 STAT. 4522]]
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) <<NOTE: 7 USC 9081 note.>> 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).''.
[[Page 132 STAT. 4523]]
(e) Payment Limitation.--Section 1501(f)(2) of the Agricultural Act
of 2014 (7 U.S.C. 9081(f)(2)) is amended by striking ``this section
(excluding payments received under subsections (b) and (e))'' and
inserting ``subsection (c)''.
Subtitle F--Noninsured Crop Assistance
SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(C) Data collection and sharing.--The Secretary
shall coordinate with the Administrator of the Risk
Management Agency on the type and format of data
received under the noninsured crop disaster assistance
program that--
``(i) best facilitates the use of that data in
developing policies or plans of insurance offered
under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.); and
``(ii) ensures the availability of that data
on a regular basis.
``(D) Coordination.--The Secretary shall coordinate
between the agencies of the Department that provide
programs or services to farmers and ranchers that are
potentially eligible for the noninsured crop disaster
assistance program under this section--
``(i) to make available coverage under--
``(I) the fee waiver under
subsection (k)(2); or
``(II) the premium discount under
subsection (l)(3); and
``(ii) to share eligibility information to
reduce paperwork and avoid duplication.'';
(B) in paragraph (2), by striking subparagraph (A)
and inserting the following:
``(A) In general.--Subject to subparagraph (B), in
this section, the term `eligible crop' means each
commercial crop or other agricultural commodity that is
produced for food or fiber (except livestock) for which
catastrophic risk protection under subsection (b) of
section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) and additional coverage under subsections (c) and
(h) of such section are not available or, if such
coverage is available, it is only available under a
policy that provides coverage for specific intervals
based on weather indexes or under a whole farm plan of
insurance.''; and
(C) in paragraph (4)(B)--
(i) by striking clause (i) and inserting the
following:
``(i) In general.--
``(I) Agricultural act of 2014.--
During the first 4 crop years of
planting, as determined by the
Secretary, native sod acreage that has
been tilled for the production of an
annual crop during the period beginning
on February 8, 2014, and ending on the
date of enactment of the Agriculture
[[Page 132 STAT. 4524]]
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--
[[Page 132 STAT. 4525]]
``(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)--
[[Page 132 STAT. 4526]]
(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) <<NOTE: 7 USC 1308 note.>> 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) <<NOTE: 7 USC 1308-3a note.>> 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. <<NOTE: 7 USC 6932 note.>> 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).
[[Page 132 STAT. 4527]]
SEC. 1706. IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--Section 1614(a)
of the Agricultural Act of 2014 (7 U.S.C. 9097(a)) is amended by
inserting ``, and as adjusted pursuant to sections 1112 and 1113''
before the period at the end.
(b) Streamlining.--Section 1614 of the Agricultural Act of 2014 (7
U.S.C. 9097) is amended by striking subsection (b) and inserting the
following:
``(b) Streamlining.--In implementing this title and the amendments
made by this title, the Secretary shall--
``(1) continue to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and
other administrative requirements, to ensure that--
``(A) a producer (or an agent of a producer) may
report information, electronically (including geospatial
data) or conventionally, to the Department of
Agriculture, subject to the Secretary--
``(i) establishing reasonable levels of
tolerance that reflect the differences in accuracy
between measures of common land units and
geospatial data; and
``(ii) ensuring that discrepancies that occur
within the levels of tolerance established under
clause (i) shall not be used to penalize a
producer (or an agent of a producer) under any
program administered by the Department of
Agriculture;
``(B) on the request of a producer (or an agent of a
producer), the Department of Agriculture electronically
shares with the producer (or agent) in real time and
without cost to the producer (or agent) the common land
unit data, related farm level data, conservation
practices, and other information of the producer through
a single Department of Agriculture-wide login;
``(C) not later than September 30, 2020, the
Administrator of the Risk Management Agency and the
Administrator of the Farm Service Agency shall implement
a consistent method for determining crop acreage,
acreage yields, farm acreage, property descriptions, and
other common informational requirements, including
measures of common land units;
``(D) except in the case of misrepresentation,
fraud, or scheme and device, no crop insurance agent,
approved insurance provider, or employee or contractor
of a crop insurance agency or approved insurance
provider bears responsibility or liability under the
Acreage Crop Reporting and Streamlining Initiative (or
any successor or similar initiative) for the eligibility
of a producer for a program administered by the
Department of Agriculture, not including a policy or
plan of insurance offered under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
``(E) on request of a crop insurance agent or
approved insurance provider required to deliver policies
and plans of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) the crop insurance agent or
approved insurance provider receives, in a timely
manner, any information held by the Farm Service Agency
that is necessary to ensure effective crop insurance
coverage for farmer customers;
[[Page 132 STAT. 4528]]
``(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:
[[Page 132 STAT. 4529]]
``(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. <<NOTE: 31 USC 6101 note.>> 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
[[Page 132 STAT. 4530]]
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''.
[[Page 132 STAT. 4531]]
(b) Eligible Land.--Section 1231(b) of the Food Security Act of 1985
(16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``Agricultural Act of
2014 (except for land enrolled in the conservation reserve
program as of that date)'' and inserting ``Agriculture
Improvement Act of 2018, on the condition that the Secretary
shall consider to be planted cropland enrolled in the
conservation reserve program'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(3) by inserting after paragraph (3) the following:
``(4) cropland, marginal pasture land, and grasslands that
will have a positive impact on water quality and will be devoted
to--
``(A) a grass sod waterway;
``(B) a contour grass sod strip;
``(C) a prairie strip;
``(D) a filterstrip;
``(E) a riparian buffer;
``(F) a wetland or a wetland buffer;
``(G) a saturated buffer;
``(H) a bioreactor; or
``(I) another similar water quality practice, as
determined by the Secretary;'';
(4) in paragraph (5) (as so redesignated)--
(A) in subparagraph (C), by striking ``or
filterstrips or riparian buffers devoted to trees,
shrubs, or grasses'' and inserting ``salt tolerant
vegetation, field borders, or practices to benefit State
or federally identified wellhead protection areas''; and
(B) in subparagraph (E), by striking ``or'' after
the semicolon;
(5) in paragraph (6) (as so redesignated), in subparagraph
(B)(ii), by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(7) as determined by the Secretary, land--
``(A) that was enrolled in the conservation reserve
program under a 15-year contract that expired on
September 30, 2017, or September 30, 2018;
``(B) for which there was no opportunity for
additional enrollment in that program; and
``(C) on which the conservation practice under the
expired contract under subparagraph (A) is
maintained.''.
(c) Enrollment.--Section 1231(d) of the Food Security Act of 1985
(16 U.S.C. 3831(d)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) fiscal year 2019, not more than 24,000,000
acres;
``(B) fiscal year 2020, not more than 24,500,000
acres;
``(C) fiscal year 2021, not more than 25,000,000
acres;
``(D) fiscal year 2022, not more than 25,500,000
acres; and
``(E) fiscal year 2023, not more than 27,000,000
acres.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and
inserting the following:
[[Page 132 STAT. 4532]]
``(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).--
[[Page 132 STAT. 4533]]
``(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--
[[Page 132 STAT. 4534]]
``(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. <<NOTE: 16 USC 3831a.>> 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;
[[Page 132 STAT. 4535]]
``(C) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)); or
``(D) a nongovernmental organization.
``(4) Management.--The term `management' means an activity
conducted by an owner or operator under a contract entered into
under this subchapter after the establishment of a conservation
practice on eligible land, to regularly maintain or enhance the
vegetative cover established by the conservation practice--
``(A) throughout the term of the contract; and
``(B) consistent with the conservation plan that
covers the eligible land.
``(b) Agreements.--
``(1) In general.--The Secretary may enter into an agreement
with an eligible partner to carry out a conservation reserve
enhancement program--
``(A) to assist in enrolling eligible land in the
program established under this subchapter; and
``(B) that the Secretary determines will advance the
purposes of this subchapter.
``(2) Contents.--An agreement entered into under paragraph
(1) shall--
``(A) describe--
``(i) 1 or more specific State or nationally
significant conservation concerns to be addressed
by the agreement;
``(ii) quantifiable environmental goals for
addressing the concerns under clause (i);
``(iii) a suitable acreage goal for enrollment
of eligible land under the agreement, as
determined by the Secretary;
``(iv) the location of eligible land to be
enrolled in the project area identified under the
agreement;
``(v) the payments to be offered by the
Secretary and eligible partner to an owner or
operator; and
``(vi) an appropriate list of conservation
reserve program conservation practices that are
appropriate to meeting the concerns described
under clause (i), as determined by the Secretary
in consultation with eligible partners;
``(B) subject to subparagraph (C), require the
eligible partner to provide matching funds--
``(i) in an amount determined during a
negotiation between the Secretary and 1 or more
eligible partners, if the majority of the matching
funds to carry out the agreement are provided by 1
or more eligible partners that are not
nongovernmental organizations; or
``(ii) in an amount not less than 30 percent
of the cost required to carry out the conservation
measures and practices described in the agreement,
if a majority of the matching funds to carry out
the agreement are provided by 1 or more
nongovernmental organizations; and
``(C) include procedures to allow for a temporary
waiver of the matching requirements under subparagraph
(B), or
[[Page 132 STAT. 4536]]
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--
[[Page 132 STAT. 4537]]
``(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''.
[[Page 132 STAT. 4538]]
(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. <<NOTE: 16 USC 3831c.>> 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,
[[Page 132 STAT. 4539]]
the owner of the land shall enter into an agreement with the
Secretary--
``(A) to implement a conservation reserve plan
developed for the land;
``(B) to comply with the terms and conditions of the
contract and any related agreements; and
``(C) to temporarily suspend the base history for
the land covered by the contract.
``(6) Terms and conditions of clear 30 contracts.--
``(A) In general.--A CLEAR 30 contract shall include
terms and conditions that--
``(i) permit--
``(I) repairs, improvements, and
inspections on the land that are
necessary to maintain existing public
drainage systems; and
``(II) owners to control public
access on the land while identifying
access routes to be used for restoration
activities and management and contract
monitoring;
``(ii) prohibit--
``(I) the alteration of wildlife
habitat and other natural features of
the land, unless specifically authorized
by the Secretary as part of the
conservation reserve plan;
``(II) the spraying of the land with
chemicals or the mowing of the land,
except where the spraying or mowing is
authorized by the Secretary or is
necessary--
``(aa) to comply with
Federal or State noxious weed
control laws;
``(bb) to comply with a
Federal or State emergency pest
treatment program; or
``(cc) to meet habitat needs
of specific wildlife species;
``(III) any activity to be carried
out on the land of the owner or
successor that is immediately adjacent
to, and functionally related to, the
land that is subject to the contract if
the activity will alter, degrade, or
otherwise diminish the functional value
of the land; and
``(IV) the adoption of any other
practice that would tend to defeat the
purposes of the conservation reserve
program, as determined by the Secretary;
and
``(iii) include any additional provision that
the Secretary determines is appropriate to carry
out this section or facilitate the practical
administration of this section.
``(B) Violation.--On the violation of a term or
condition of a CLEAR 30 contract, the Secretary may
require the owner to refund all or part of any payments
received by the owner under the conservation reserve
program, with interest on the payments, as determined
appropriate by the Secretary.
``(C) Compatible uses.--Land subject to a CLEAR 30
contract may be used for compatible economic uses,
[[Page 132 STAT. 4540]]
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.
[[Page 132 STAT. 4541]]
``(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);
[[Page 132 STAT. 4542]]
``(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
[[Page 132 STAT. 4543]]
``(ii) the annual rental rate for a payment
under a contract described in paragraph (2) shall
be equal to 75 percent of the average rental rate
for the applicable county under section 1234(d),
as determined by the Secretary.
``(F) Harvesting, haying, and grazing outside
applicable period.--The harvesting for seed, haying, or
grazing of eligible land under subparagraph (A)(ii)(III)
outside of the primary nesting season established for
the applicable county shall be subject to the conditions
that--
``(i) with respect to eligible land that is so
hayed or grazed, adequate stubble height shall be
maintained to protect the soil on the eligible
land, as determined by the applicable State
conservationist after considering the advice of
the applicable State technical committee; and
``(ii) with respect to eligible land that is
so harvested for seed--
``(I) the eligible land shall not be
eligible to be insured or reinsured
under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
``(II) the rental payment otherwise
applicable to the eligible land under
this subsection shall be reduced by 25
percent.
``(4) Acreage limitation.--Of the number of acres available
for enrollment in the conservation reserve under section
1231(d)(1), not more than 50,000 total acres of eligible land
may be enrolled under the pilot program under this subsection.
``(5) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate an annual
report describing the eligible land enrolled in the pilot
program under this subsection, including--
``(A) the estimated conservation value of the land;
and
``(B) estimated savings from reduced commodity
payments, crop insurance indemnities, and crop insurance
premium subsidies.''.
SEC. 2205. DUTIES OF OWNERS AND OPERATORS.
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a))
is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) on land devoted to hardwood or other trees, excluding
windbreaks and shelterbelts, to carry out proper thinning and
other practices--
``(A) to enhance the conservation benefits and
wildlife habitat resources addressed by the conservation
practice under which the land is enrolled; and
``(B) to promote forest management;''.
SEC. 2206. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a) of the Food
Security Act of 1985 (16 U.S.C. 3833(a)) is amended--
(1) in paragraph (1), by inserting ``, including the cost of
fencing and other water distribution practices, if applicable''
after ``interest''; and
[[Page 132 STAT. 4544]]
(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
[[Page 132 STAT. 4545]]
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
[[Page 132 STAT. 4546]]
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.--
[[Page 132 STAT. 4547]]
``(A) In general.--The Secretary shall ensure, to
the maximum extent practicable, that cost sharing
payments to an owner or operator under this subchapter,
when combined with the sum of payments from all other
funding sources for measures and practices described in
paragraph (1), do not exceed 100 percent of the total
actual cost of establishing those measures and
practices, as determined by the Secretary.
``(B) Mid-contract management grazing.--The
Secretary may not make any cost sharing payment to an
owner or operator under this subchapter pursuant to
section 1232(a)(5).
``(C) Seed cost.--In the case of seed costs related
to the establishment of cover, cost sharing payments
under this subchapter shall not exceed 50 percent of the
actual cost of the seed mixture, as determined by the
Secretary.'';
(2) by redesignating paragraph (5) as paragraph (3);
(3) in paragraph (3) (as so redesignated), by striking ``An
owner'' and inserting ``Except in the case of incentive payments
that are related to the cost of the establishment of a practice
and received from eligible partners under the conservation
reserve enhancement program under section 1231A, an owner''; and
(4) by adding at the end the following:
``(4) Practice incentives for continuous practices.--In
addition to the cost sharing payment described in this
subsection, the Secretary shall make an incentive payment to an
owner or operator of land enrolled under section 1231(d)(6) in
an amount not to exceed 50 percent of the actual cost of
establishing all measures and practices described in paragraph
(1), including seed costs related to the establishment of cover,
as determined by the Secretary.''.
(b) Incentive Payments.--Section 1234(c) of the Food Security Act of
1985 (16 U.S.C. 3834(c)) is amended--
(1) in the subsection heading, by striking ``Incentive'' and
inserting ``Forest Management Incentive'';
(2) in paragraph (1), by striking ``The Secretary'' and
inserting ``Using funds made available under section
1241(a)(1)(A), the Secretary''; and
(3) in paragraph (2), by striking ``150 percent'' and
inserting ``100 percent''.
(c) Annual Rental Payments.--Section 1234(d) of the Food Security
Act of 1985 (16 U.S.C. 3834(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``the Secretary may consider, among
other things, the amount'' and inserting the following:
``the Secretary shall consider--
``(A) the amount'';
(B) in subparagraph (A) (as so designated), by
striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(B) the impact on the local farmland rental
market; and
``(C) such other factors as the Secretary determines
to be appropriate.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
[[Page 132 STAT. 4548]]
(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
[[Page 132 STAT. 4549]]
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)--
[[Page 132 STAT. 4550]]
(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.).''.
[[Page 132 STAT. 4551]]
SEC. 2209. <<NOTE: 16 USC 3831 note.>> 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 <<NOTE: 16
USC 3838d-3838g.>> as sections 1240I through 1240L,
respectively; and
(2) by moving sections 1240I through 1240L <<NOTE: 16
USC 3839aa-21-- 3839aa-24.>> (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)) <<NOTE: 16 USC 3838-3838c.>> is repealed.
[[Page 132 STAT. 4552]]
(2) <<NOTE: 16 USC 3838d note.>> Termination of
conservation stewardship program.--Effective on the date of
enactment of this Act, the conservation stewardship program
under subchapter B of chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in
effect on the day before the date of enactment of this Act)
shall cease to be effective.
(3) <<NOTE: 16 USC 3839aa-21 note.>> 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.--
[[Page 132 STAT. 4553]]
(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) <<NOTE: 16 USC 3839aa-21 note.>> 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) <<NOTE: 16 USC 3839aa-21 note.>> 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''.
[[Page 132 STAT. 4554]]
(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''.
[[Page 132 STAT. 4555]]
(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)--
[[Page 132 STAT. 4556]]
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``and'' at the
end;
(ii) by redesignating clause (v) as clause
(vii); and
(iii) by inserting after clause (iv) the
following:
``(v) soil testing;
``(vi) soil remediation to be carried out by
the producer; and''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at the
end;
(ii) by redesignating clause (ii) as clause
(vi); and
(iii) by inserting after clause (i) the
following:
``(ii) planning for resource-conserving crop
rotations (as defined in section 1240L(d)(1));
``(iii) soil health planning, including
increasing soil organic matter and the use of
cover crops;
``(iv) a conservation planning assessment;
``(v) precision conservation management
planning; and'';
(6) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or local
level as a priority for a particular area of a State;
and
``(B) represents a significant concern in a State or
region.''; and
(7) by adding at the end the following:
``(9) Soil remediation.--The term `soil remediation' means
scientifically based practices that--
``(A) ensure the safety of producers from
contaminants in soil;
``(B) limit contaminants in soil from entering
agricultural products for human or animal consumption;
and
``(C) regenerate and sustain the soil.
``(10) Soil testing.--The term `soil testing' means the
evaluation of soil health, including testing for--
``(A) the optimal level of constituents in the soil,
such as organic matter, nutrients, and the potential
presence of soil contaminants, including heavy metals,
volatile organic compounds, polycyclic aromatic
hydrocarbons, or other contaminants; and
``(B) the biological and physical characteristics
indicative of proper soil functioning.''.
SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM.
(a) Establishment.--Section 1240B(a) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2019'' and
inserting ``2023''.
(b) Payments.--Section 1240B(d) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(d)) is amended--
(1) in paragraph (4)(B)--
(A) in clause (i)--
(i) by striking ``Not more than'' and
inserting ``On an election by a producer described
in subparagraph (A), the Secretary shall provide
at least'';
[[Page 132 STAT. 4557]]
(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
[[Page 132 STAT. 4558]]
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
[[Page 132 STAT. 4559]]
``(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.--
[[Page 132 STAT. 4560]]
``(A) In general.--The Secretary, in consultation
with the applicable State technical committee
established under section 1261(a), shall identify
watersheds (or other appropriate regions or areas within
a State) and the corresponding priority resource
concerns for those watersheds or other regions or areas
that are eligible to be the subject of an incentive
contract under this subsection.
``(B) Limitation.--For each of the relevant land
uses within the watersheds, regions, or other areas
identified under subparagraph (A), the Secretary shall
identify not more than 3 eligible priority resource
concerns.
``(2) Contracts.--
``(A) Authority.--
``(i) In general.--The Secretary shall enter
into contracts with producers under this
subsection that require the implementation,
adoption, management, and maintenance of incentive
practices that effectively address at least 1
eligible priority resource concern identified
under paragraph (1) for the term of the contract.
``(ii) Inclusions.--Through a contract entered
into under clause (i), the Secretary may provide--
``(I) funding, through annual
payments, for certain incentive
practices to attain increased levels of
conservation on eligible land; or
``(II) assistance, through a
practice payment, to implement an
incentive practice.
``(B) Term.--A contract under this subsection shall
have a term of not less than 5, and not more than 10,
years.
``(C) Prioritization.--Notwithstanding section
1240C, the Secretary shall develop criteria for
evaluating incentive practice applications that--
``(i) give priority to applications that
address eligible priority resource concerns
identified under paragraph (1); and
``(ii) evaluate applications relative to other
applications for similar agriculture and forest
operations.
``(3) Incentive practice payments.--
``(A) In general.--The Secretary shall provide
payments to producers through contracts entered into
under paragraph (2) for--
``(i) adopting and installing incentive
practices; and
``(ii) managing, maintaining, and improving
the incentive practices for the duration of the
contract, as determined appropriate by the
Secretary.
``(B) Payment amounts.--In determining the amount of
payments under subparagraph (A), the Secretary shall
consider, to the extent practicable--
``(i) the level and extent of the incentive
practice to be installed, adopted, completed,
maintained, managed, or improved;
``(ii) the cost of the installation, adoption,
completion, management, maintenance, or
improvement of the incentive practice;
``(iii) income foregone by the producer,
including payments, as appropriate, to address--
[[Page 132 STAT. 4561]]
``(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;''.
[[Page 132 STAT. 4562]]
(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--
[[Page 132 STAT. 4563]]
``(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);
[[Page 132 STAT. 4564]]
``(B) to establish protocols for measuring carbon
levels in the soil and testing carbon levels on land
where conservation practices described in subparagraph
(A) were applied to evaluate gains in soil health as a
result of the practices implemented by the producers in
the soil health demonstration trial; and
``(C)(i) not later than September 30, 2020, to
initiate a study regarding changes in soil health and,
if feasible, economic outcomes, generated as a result of
the conservation practices described in subparagraph (A)
that were applied by producers through the soil health
demonstration trial; and
``(ii) to submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
annual reports on the progress and results of the study
under clause (i).
``(d) Reporting and Database.--
``(1) Report required.--Not later than September 30, 2019,
and every 2 years thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the status of activities funded under this section,
including--
``(A) funding awarded;
``(B) results of the activities, including, if
feasible, economic outcomes;
``(C) incorporation of findings from the activities,
such as new technology and innovative approaches, into
the conservation efforts implemented by the Secretary;
and
``(D) on completion of the study required under
subsection (c)(7)(C), the findings of the study.
``(2) Conservation practice database.--
``(A) In general.--The Secretary shall use the data
reported under paragraph (1) to establish and maintain a
publicly available conservation practice database that
provides--
``(i) a compilation and analysis of effective
conservation practices for soil health, nutrient
management, and source water protection in varying
soil compositions, cropping systems, slopes, and
landscapes; and
``(ii) a list of recommended new and effective
conservation practices.
``(B) Privacy.--Information provided under
subparagraph (A) shall be transformed into a statistical
or aggregate form so as to not include any identifiable
or personal information of individual producers.''.
SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM.
(a) Definitions.--Section 1240I of the Food Security Act of 1985 (as
redesignated by section 2301(b)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
[[Page 132 STAT. 4565]]
``(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'';
[[Page 132 STAT. 4566]]
(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:
[[Page 132 STAT. 4567]]
``(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.--
[[Page 132 STAT. 4568]]
``(1) Definition of comprehensive conservation plan.--In
this subsection, the term `comprehensive conservation plan'
means a conservation plan that meets or exceeds the stewardship
threshold for each priority resource concern identified by the
Secretary under subsection (a)(2).
``(2) Payment for comprehensive conservation plan.--The
Secretary shall provide a 1-time payment to a producer that
develops a comprehensive conservation plan.
``(3) Amount of payment.--The Secretary shall determine the
amount of payment under paragraph (2) based on--
``(A) the number of priority resource concerns
addressed in the comprehensive conservation plan; and
``(B) the number of types of land uses included in
the comprehensive conservation plan.'';
(7) in subsection (f), by striking ``2014 through 2018'' and
inserting ``2019 through 2023'';
(8) in subsection (h)--
(A) by striking the subsection designation and
heading and all that follows through ``The Secretary''
and inserting the following:
``(h) Organic Certification.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Allocation.--
``(A) In general.--Using funds made available for
the program for each of fiscal years 2019 through 2023,
the Secretary shall allocate funding to States to
support organic production and transition to organic
production through paragraph (1).
``(B) Determination.--The Secretary shall determine
the allocation to a State under subparagraph (A) based
on--
``(i) the number of certified and
transitioning organic operations within the State;
and
``(ii) the number of acres of certified and
transitioning organic production within the
State.''; and
(9) by adding at the end the following:
``(j) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and coordinated
procedures for the program and the environmental quality incentives
program under subchapter A, including applications, contracting,
conservation planning, conservation practices, and related
administrative procedures.
``(k) Soil Health.--To the maximum extent feasible, the Secretary
shall manage the program to enhance soil health.
``(l) Annual Report.--Each fiscal year, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report
describing the payment rates for conservation activities offered to
producers under the program and an analysis of whether payment rates can
be reduced for the most expensive conservation activities.''.
SEC. 2309. GRASSLAND CONSERVATION INITIATIVE.
Subchapter B of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (as added by subsections (a)(2) and (b) of section
2301) is amended by adding at the end the following:
[[Page 132 STAT. 4569]]
``SEC. 1240L-1. <<NOTE: 16 USC 3839aa-25.>> 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
[[Page 132 STAT. 4570]]
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. <<NOTE: 16 USC 1012a.>> 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--
[[Page 132 STAT. 4571]]
(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ``and
December 31, 2015'' and inserting ``December 31, 2015, and
December 31, 2022'';
(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ``,
respectively'' and inserting ``, and a program update shall be
completed by December 31, 2023'';
(3) in section 7 (16 U.S.C. 2006)--
(A) in subsection (a), by striking ``and 2016'' and
inserting ``, 2016, and 2022''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``and 2017'' and inserting
``, 2017, and 2023''; and
(4) in section 10 (16 U.S.C. 2009), by striking ``2018'' and
inserting ``2023''.
SEC. 2403. EMERGENCY CONSERVATION PROGRAM.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201) is amended--
(A) by inserting ``wildfires,'' after
``hurricanes,'';
(B) by striking the section designation and all that
follows through ``The Secretary of Agriculture'' and
inserting the following:
``SEC. 401. EMERGENCY CONSERVATION PROGRAM.
``(a) In General.--The Secretary of Agriculture (referred to in this
title as the `Secretary')''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--
``(1) In general.--With respect to a payment to an
agricultural producer under subsection (a) for the repair or
replacement of fencing, the Secretary shall give the
agricultural producer the option of receiving not more than 25
percent of the payment, determined by the Secretary based on the
applicable percentage of the fair market value of the cost of
the repair or replacement, before the agricultural producer
carries out the repair or replacement.
``(2) Return of funds.--If the funds provided under
paragraph (1) are not expended by the end of the 60-day period
beginning on the date on which the agricultural producer
receives those funds, the funds shall be returned within a
reasonable timeframe, as determined by the Secretary.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203,
2204, 2205) are amended by striking ``Secretary of
Agriculture'' each place it appears and inserting
``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act of
1978 (16 U.S.C. 2206(a)) is amended by striking
paragraph (4).
(b) Cost Share Payments.--Title IV of the Agricultural Credit Act of
1978 is amended by inserting after section 402 (16 U.S.C. 2202) the
following:
``SEC. 402A. <<NOTE: 16 USC 2202a.>> COST-SHARE REQUIREMENT.
``(a) Cost-share Rate.--Subject to subsections (b) and (c), the
maximum cost-share payment under sections 401 and 402 shall
[[Page 132 STAT. 4572]]
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. <<NOTE: 16 USC 2202b.>> 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:
[[Page 132 STAT. 4573]]
``(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. <<NOTE: 16 USC 1531 note.>> 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
[[Page 132 STAT. 4574]]
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. <<NOTE: 7 USC 8351 note.>> 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
[[Page 132 STAT. 4575]]
(2) restore damage caused by feral swine.
(d) Coordination.--The Secretary shall ensure that the Natural
Resources Conservation Service and the Animal and Plant Health
Inspection Service coordinate for purposes of this section through State
technical committees established under section 1261(a) of the Food
Security Act of 1985 (16 U.S.C. 3861(a)).
(e) Pilot Areas.--The Secretary shall carry out the pilot program in
areas of States in which feral swine have been identified as a threat to
agriculture, native ecosystems, or human or animal health, as determined
by the Secretary.
(f) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities under the pilot program may not exceed 75 percent of
the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities under the pilot program may be provided in
the form of in-kind contributions of materials or services.
(g) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$75,000,000 for the period of fiscal years 2019 through 2023.
(2) Distribution of funds.--Of the funds made available
under paragraph (1)--
(A) 50 percent shall be allocated to the Natural
Resources Conservation Service to carry out the pilot
program, including the provision of financial assistance
to producers for on-farm trapping and technology related
to capturing and confining feral swine; and
(B) 50 percent shall be allocated to the Animal and
Plant Health Inspection Service to carry out the pilot
program, including the use of established, and testing
of innovative, population reduction methods.
(3) Limitation on administrative expenses.--Not more than 10
percent of funds made available under this section may be used
for administrative expenses of the pilot program.
SEC. 2409. REPORT ON SMALL WETLANDS.
(a) In General.--The Secretary, acting through the Chief of the
Natural Resources Conservation Service, shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing
the number of wetlands with an area not more than 1 acre that have been
delineated in each of the States of North Dakota, South Dakota,
Minnesota, and Iowa during fiscal years 2014 through 2018.
(b) Requirement.--In the report under subsection (a), the Secretary,
acting through the Chief of the Natural Resources Conservation Service,
shall list the number of wetlands acres in each State described in the
report by tenths of an acre, and ensure the report is based on the best
available science.
SEC. 2410. SENSE OF CONGRESS RELATING TO INCREASED WATERSHED-BASED
COLLABORATION.
It is the sense of Congress that the Federal Government should
recognize and encourage partnerships at the watershed level between
nonpoint sources and regulated point sources to advance the goals of the
Federal Water Pollution Control Act (33 U.S.C.
[[Page 132 STAT. 4576]]
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
[[Page 132 STAT. 4577]]
(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
[[Page 132 STAT. 4578]]
``(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
[[Page 132 STAT. 4579]]
standards established by the Natural Resources
Conservation Service under paragraph (1); and
``(B) payment rates, to the extent practicable, are
consistent between the Farm Service Agency and the
Natural Resources Conservation Service.''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--Section 1242(a) of the Food Security Act of 1985
(16 U.S.C. 3842(a)) is amended to read as follows:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible participant'
means a producer, landowner, or entity that is participating in,
or seeking to participate in, programs in which the producer,
landowner, or entity is otherwise eligible to participate under
this title or the agricultural management assistance program
under section 524(b) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)).
``(2) Third-party provider.--The term `third-party provider'
means a commercial entity (including a farmer cooperative,
agriculture retailer, or other commercial entity (as defined by
the Secretary)), a nonprofit entity, a State or local government
(including a conservation district), or a Federal agency, that
has expertise in the technical aspect of conservation planning,
including nutrient management planning, watershed planning, or
environmental engineering.''.
(b) Certification Process.--Section 1242(e) of the Food Security Act
of 1985 (16 U.S.C. 3842(e)) is amended by adding at the end the
following:
``(4) Certification process.--The Secretary shall certify a
third-party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service; or
``(B) a non-Federal entity approved by the Secretary
to perform the certification.
``(5) Streamlined certification.--The Secretary shall
provide a streamlined certification process for a third-party
provider that has an appropriate specialty certification,
including a sustainability certification.''.
(c) Expedited Revision of Standards.--Section 1242(h) of the Food
Security Act of 1985 (16 U.S.C. 3842(h)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018,
complete a review of each conservation practice
standard, including engineering design specifications,
in effect on the day before the date of enactment of
that Act;'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) evaluate opportunities to increase flexibility
in conservation practice standards in a manner that
ensures equivalent natural resource benefits.'';
[[Page 132 STAT. 4580]]
(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--
[[Page 132 STAT. 4581]]
``(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.
[[Page 132 STAT. 4582]]
``(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
[[Page 132 STAT. 4583]]
``(ii) over which that Federal agency, State,
Indian tribe, or unit of local government has
authority; and
``(B) relating to conservation practices or
activities that could be implemented by a farmer,
rancher, or private nonindustrial forest landowner to
address a targeted soil, water, or wildlife resource
concern that is the direct subject of a regulatory
requirement enforced by that Federal agency, State,
Indian tribe, or unit of local government, as
applicable.
``(2) Mechanisms.--The Secretary shall only provide
additional technical and programmatic information under
paragraph (1) if the mechanisms to be developed by the Federal
agency, State, Indian tribe, or unit of local government, as
applicable, under paragraph (1)(A) are anticipated to include,
at a minimum--
``(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the
soil, water, or wildlife resource concern identified
under paragraph (1);
``(B) the on-site confirmation that the applicable
conservation practices or activities identified under
subparagraph (A) have been implemented;
``(C) a plan for a periodic audit, as appropriate,
of the continued implementation or maintenance of each
of the conservation practices or activities identified
under subparagraph (A); and
``(D) notification to a farmer, rancher, or private
nonindustrial forest landowner of, and an opportunity to
correct, any noncompliance with a requirement to obtain
regulatory certainty, regulatory predictability, safe
harbor protection, or other similar regulatory
assurance.
``(3) Continuing current collaboration on soil, water, or
wildlife conservation practices.--The Secretary shall--
``(A) continue collaboration with Federal agencies,
States, Indian tribes, or local units of government on
existing regulatory certainty, regulatory
predictability, safe harbor protection, or other similar
regulatory assurances in accordance with paragraph (2);
and
``(B) continue collaboration with the Secretary of
the Interior on consultation under section 7(a)(2) of
the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or conference under section 7(a)(4) of that
Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife
conservation efforts, including the Working Lands for
Wildlife model of conservation on working landscapes, as
implemented on the day before the date of enactment of
the Agriculture Improvement Act of 2018, in accordance
with--
``(i) the document entitled `Partnership
Agreement Between the United States Department of
Agriculture Natural Resources Conservation Service
and the United States Department of the Interior
Fish and Wildlife Service', numbered A-3A75-16-
937, and formalized by the Chief of the Natural
Resources Conservation Service on September 15,
2016, and by the Director of the United States
Fish and Wildlife Service on August 4, 2016, as in
effect on September 15, 2016; and
[[Page 132 STAT. 4584]]
``(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. <<NOTE: 16 USC 3801 note.>> 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
[[Page 132 STAT. 4585]]
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
[[Page 132 STAT. 4586]]
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.
[[Page 132 STAT. 4587]]
``(iii) Permissible forms.--The non-Federal
share provided by an eligible entity under this
subparagraph may comprise--
``(I) cash resources;
``(II) a charitable donation or
qualified conservation contribution (as
defined in section 170(h) of the
Internal Revenue Code of 1986) from the
private landowner from which the
agricultural land easement will be
purchased;
``(III) costs associated with
securing a deed to the agricultural land
easement, including the cost of
appraisal, survey, inspection, and
title; and
``(IV) other costs, as determined by
the Secretary.''; and
(B) by striking subparagraph (C).
(2) Evaluation and ranking of applications.--Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended--
(A) by redesignating subparagraph (C) as
subparagraph (E); and
(B) by inserting after subparagraph (B) the
following:
``(C) Accounting for geographic differences.--The
Secretary may adjust the criteria established under
subparagraph (A) to account for geographic differences,
if the adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of the
Federal investment under the program.
``(D) Priority.--In evaluating applications under
the program, the Secretary may give priority to an
application for the purchase of an agricultural land
easement that, as determined by the Secretary, maintains
agricultural viability.''.
(3) Agreements with eligible entities.--Section 1265B(b)(4)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is
amended--
(A) in subparagraph (C), by striking clauses (iii)
and (iv) and inserting the following:
``(iii) include a right of enforcement for the
Secretary that--
``(I) may be used only if the terms
and conditions of the easement are not
enforced by the eligible entity; and
``(II) does not extend to a right of
inspection unless--
``(aa)(AA) the holder of the
easement fails to provide
monitoring reports in a timely
manner; or
``(BB) the Secretary has a
reasonable and articulable
belief that the terms and
conditions of the easement have
been violated; and
``(bb) prior to the
inspection, the Secretary
notifies the eligible entity and
the landowner of the inspection
and provides a reasonable
opportunity for the eligible
entity and the landowner to
participate in the inspection;
[[Page 132 STAT. 4588]]
``(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:
[[Page 132 STAT. 4589]]
``(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
[[Page 132 STAT. 4590]]
(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
[[Page 132 STAT. 4591]]
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--
[[Page 132 STAT. 4592]]
``(A) termination is in the interest of the Federal
Government;
``(B) the United States will be fully compensated
for--
``(i) the fair market value of the interest in
land;
``(ii) any costs relating to the termination;
and
``(iii) any damages determined appropriate by
the Secretary; and
``(C) the termination will--
``(i) address a compelling public need for
which there is no practicable alternative even
with avoidance and minimization; and
``(ii) further the practical administration of
the program.
``(4) Consent.--The Secretary shall obtain consent from the
landowner and eligible entity, if applicable, for any
subordination, exchange, modification, or termination of
interest in land, or portion of such interest, under this
subsection.
``(5) Notice.--At least 90 days before taking any
termination action described in paragraph (3), the Secretary
shall provide written notice of such action to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``transferred into
the program'' and inserting ``enrolled in an easement
under section 1265C(b)''; and
(B) by adding at the end the following:
``(3) Agricultural land easements.--A farmer or rancher who
owns eligible land subject to an agricultural land easement may
enter into a contract under subchapter B of chapter 1 of
subtitle D.''.
Subtitle G--Regional Conservation Partnership Program
SEC. 2701. ESTABLISHMENT AND PURPOSES.
Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
partnership agreements funded through alternative
funding arrangements or grant agreements under section
1271C(d),'' after ``partnership agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with
producers''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``use covered programs''
and inserting ``carry out eligible activities'';
(B) by striking paragraph (2) and inserting the
following:
``(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of
drinking water and groundwater), wildlife, agricultural land,
and related
[[Page 132 STAT. 4593]]
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.--
[[Page 132 STAT. 4594]]
``(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.
[[Page 132 STAT. 4595]]
``(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 132 STAT. 4596]]
``(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
[[Page 132 STAT. 4597]]
(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);
[[Page 132 STAT. 4598]]
``(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
[[Page 132 STAT. 4599]]
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
[[Page 132 STAT. 4600]]
``(D) the extent to which each conservation goal and
outcome is being addressed by the partnership
agreements.''; and
(3) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary may not
provide assistance under the program to a producer unless the producer
agrees, during the program year for which the assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.
``(d) Historically Underserved Producers.--To the maximum extent
practicable, in carrying out the program, the Secretary and eligible
partners shall conduct outreach to beginning farmers and ranchers,
veteran farmers and ranchers, socially disadvantaged farmers and
ranchers, and limited resource farmers and ranchers to encourage
participation by those producers in a project subject to a partnership
agreement or funding agreement under 1271C(d).
``(e) Regulations.--The Secretary shall issue regulations to carry
out the program.''.
SEC. 2707. CRITICAL CONSERVATION AREAS.
Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is
amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Critical conservation area.--The term `critical
conservation area' means a geographical area that contains a
critical conservation condition that can be addressed through
the program.
``(2) Priority resource concern.--The term `priority
resource concern' means a natural resource concern located in a
critical conservation area that can be addressed through--
``(A) water quality improvement, including through
reducing erosion, promoting sediment control, and
addressing nutrient management activities affecting
large bodies of water of regional, national, or
international significance;
``(B) water quantity improvement, including
improvement relating to--
``(i) drought;
``(ii) groundwater, surface water, aquifer, or
other water sources; or
``(iii) water retention and flood prevention;
``(C) wildlife habitat restoration to address
species of concern at a Federal, State, or local level;
and
``(D) other natural resource improvements, as
determined by the Secretary, within the critical
conservation area.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``(b) In General.--'' and inserting
the following:
``(b) Applications.--'';
[[Page 132 STAT. 4601]]
(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).
[[Page 132 STAT. 4602]]
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.) <<NOTE: 16 USC 5801 and
note, 5802-5809.>> 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''.
[[Page 132 STAT. 4603]]
(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.''.
[[Page 132 STAT. 4604]]
SEC. 3102. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``to generate proceeds
to be used as provided in this section'' before the period at
the end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 3104. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended in paragraphs (1) and (2) by striking ``2018'' both places it
appears and inserting ``2023''.
SEC. 3105. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended--
(1) in subsection (d)(1), in the first sentence, by striking
``45'' and inserting ``30''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3106. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1))
is amended by striking ``the Agricultural Act of 2014''and inserting
``the Agriculture Improvement Act of 2018''.
SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4))
is amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent, but not less than $17,000,000,''; and
(B) by striking ``2018'' each place it appears and
inserting ``2023''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``2018'' and
inserting ``2023''; and
(B) in clause (ii), by striking ``chapter 1 of part
I of''.
SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-
STABLE PREPACKAGED FOODS.
Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is amended--
(1) by amending the section heading to read as follows:
``international food relief partnership.''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL
COMMODITIES AND OTHER ASSISTANCE ON
LOCAL FARMERS AND ECONOMY.
(a) Inclusion of All Modalities.--Section 403(a) of the Food for
Peace Act (7 U.S.C. 1733(a)) is amended--
[[Page 132 STAT. 4605]]
(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
[[Page 132 STAT. 4606]]
``(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.
[[Page 132 STAT. 4607]]
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
[[Page 132 STAT. 4608]]
(II) by striking clause (ix) and
inserting the following:
``(ix) agricultural education and extension;
``(x) selection of seed varieties and plant
stocks;
``(xi) knowledge of insecticide and sanitation
procedures to prevent crop destruction;
``(xii) use and maintenance of agricultural
equipment and irrigation systems; and
``(xiii) selection of fertilizers and methods
of soils treatment; and'';
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023'';
(3) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2018'' and inserting ``2023'';
and
(4) by adding at the end the following:
``(f) Grant Program to Create New Partners and Innovation.--
``(1) In general.--The Administrator of the Agency for
International Development shall develop a grant program to be
carried out in fiscal years 2019 through 2023 to facilitate new
and innovative partnerships and activities under this title.
``(2) Use of funds.--A grant recipient under this subsection
shall use funds received under this subsection to--
``(A) prioritize new implementing partners;
``(B) develop innovative volunteer models;
``(C) develop, improve, or maintain strategic
partnerships with other United States development
programs; and
``(D) expand the footprint and impact of the
programs and activities under this title, and diversity
among program participants, including land-grant
colleges and universities and cooperative extension
services (as such terms are defined in section 1404 of
the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)).''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
(a) In General.--Section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623) is amended to read as follows:
``SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
``(a) Establishment.--The Secretary shall carry out activities under
this section--
``(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
``(2) to promote cooperation and the exchange of
information.
``(b) Market Access Program.--
``(1) Definition of eligible trade organization.--In this
subsection, the term `eligible trade organization' means--
``(A) a United States agricultural trade
organization or regional State-related organization that
promotes the export and sale of United States
agricultural commodities and that does not stand to
profit directly from specific sales of United States
agricultural commodities;
[[Page 132 STAT. 4609]]
``(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.--
[[Page 132 STAT. 4610]]
``(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
[[Page 132 STAT. 4611]]
``(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
[[Page 132 STAT. 4612]]
Cooperator Program' to maintain and develop foreign markets for
United States agricultural commodities.
``(3) Use of funds.--Funds made available to carry out this
subsection shall be used only to provide--
``(A) cost-share assistance to an eligible trade
organization under a contract or agreement with the
eligible trade organization; and
``(B) assistance for other costs that are
appropriate to carry out the Foreign Market Development
Cooperator Program, including contingent liabilities
that are not otherwise funded.
``(d) E (Kika) De La Garza Emerging Markets Program.--
``(1) Definition of emerging market.--In this subsection,
the term `emerging market' means any country, foreign territory,
customs union, or other economic market that the Secretary
determines--
``(A) is taking steps toward a market-oriented
economy through the food, agriculture, or rural business
sectors of its economy; and
``(B) has the potential to provide a viable and
significant market for United States agricultural
commodities.
``(2) Establishment.--The Secretary shall establish and
carry out a program, to be known as the `E (Kika) de la Garza
Emerging Markets Program'--
``(A) to develop agricultural markets in emerging
markets; and
``(B) to promote cooperation and exchange of
information between agricultural institutions and
agribusinesses in the United States and emerging
markets.
``(3) Development of agricultural systems.--
``(A) In general.--
``(i) Implementation.--To develop, maintain,
or expand markets for exports of United States
agricultural commodities, the Secretary shall make
available to emerging markets the expertise of the
United States--
``(I) to make assessments of food
and rural business systems needs;
``(II) to make recommendations on
measures necessary to enhance the
effectiveness of the food and rural
business systems described in subclause
(I), including potential reductions in
trade barriers; and
``(III) to identify and carry out
specific opportunities and projects to
enhance the effectiveness of the food
and rural business systems described in
subclause (I).
``(ii) Extent of program.--The Secretary shall
implement this subparagraph with respect to at
least 3 emerging markets in each fiscal year.
``(B) Experts from the united states.--The Secretary
may implement subparagraph (A) by providing--
``(i) assistance to teams (consisting
primarily of agricultural consultants,
agricultural producers, other persons from the
private sector, and government officials expert in
assessing the food and rural business systems of
other countries) to enable those teams to
[[Page 132 STAT. 4613]]
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
[[Page 132 STAT. 4614]]
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.--
[[Page 132 STAT. 4615]]
``(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).
[[Page 132 STAT. 4616]]
``(4) Cuba.--Notwithstanding section 908 of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7207) or any other provision of law, funds made available under
this section may be used to carry out the programs authorized
under subsections (b) and (c) in Cuba. Funds may not be used as
described in the previous sentence in contravention with
directives set forth under the National Security Presidential
Memorandum entitled `Strengthening the Policy of the United
States Toward Cuba' issued by the President on June 16, 2017,
during the period in which that memorandum is in effect.
``(5) Authorization of appropriations.--In addition to any
other amounts provided under this subsection, there are
authorized to be appropriated such sums as are necessary to
carry out the programs and authorities under paragraph (3)(A)(v)
and subsections (b) through (e).''.
(b) Conforming Amendments.--
(1) Market access program.--
(A) Section 211 of the Agricultural Trade Act of
1978 (7 U.S.C. 5641) is amended by striking subsection
(c).
(B) Section 402(a)(1) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking
``203'' and inserting ``203(b)''.
(C) Section 282(f)(2)(C) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is
amended by striking ``section 203 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623)'' and inserting
``section 203(b) of the Agricultural Trade Act of 1978
(7 U.S.C. 5623(b))''.
(D) Section 718 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (7 U.S.C. 5623 note;
Public Law 105-277) is amended by striking ``section 203
of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)''
and inserting ``section 203(b) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5623(b)''.
(E) Section 1302 of the Omnibus Budget
Reconciliation Act of 1993 <<NOTE: 7 USC 5623 note.>>
is repealed.
(2) Foreign market development cooperator program.--Title
VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et
seq.) <<NOTE: 7 USC 5721-5723.>> 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))
[[Page 132 STAT. 4617]]
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--
[[Page 132 STAT. 4618]]
``(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.''.
[[Page 132 STAT. 4619]]
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''.
[[Page 132 STAT. 4620]]
SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND
TECHNOLOGY FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``shall support'' and inserting ``support'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) the development of agricultural extension
services in eligible countries.''; and
(2) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Leveraging alumni engagement.--In carrying out the
purposes and programs under this section, the Secretary shall
encourage ongoing engagement with fellowship recipients who have
completed training under the program to provide advice
regarding, and participate in, new or ongoing agricultural
development projects, with a priority for capacity-building
projects.''.
SEC. 3307. <<NOTE: 7 USC 3295.>> 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.
[[Page 132 STAT. 4621]]
(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. <<NOTE: 7 USC 1736dd.>> INTERNATIONAL FOOD SECURITY
TECHNICAL ASSISTANCE.
``(a) Definition of International Food Security.--In this section,
the term `international food security' means access by any person at any
time to food and nutrition that is sufficient for a healthy and
productive life.
``(b) Collection of Information.--The Secretary of Agriculture
(referred to in this section as the `Secretary') shall compile
information from appropriate mission areas of the Department of
Agriculture (including the Food, Nutrition, and Consumer Services
mission area) relating to the improvement of international food
security.
``(c) Public Availability.--To benefit programs for the improvement
of international food security, the Secretary shall organize the
information described in subsection (b) and make the information
available in a format suitable for--
``(1) public education; and
``(2) use by--
``(A) a Federal, State, or local agency;
``(B) an agency or instrumentality of the government
of a foreign country;
``(C) a domestic or international organization,
including a domestic or international nongovernmental
organization; and
``(D) an intergovernmental organization.
``(d) Technical Assistance.--On request by an entity described in
subsection (c)(2), the Secretary may provide technical assistance to the
entity to implement a program for the improvement of international food
security.
``(e) Program Priority.--In carrying out this section, the Secretary
shall give priority to programs relating to the development of food and
nutrition safety net systems with a focus on food insecure countries.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2019 through 2023.''.
[[Page 132 STAT. 4622]]
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--
[[Page 132 STAT. 4623]]
``(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. <<NOTE: 7 USC 5608.>> 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.
[[Page 132 STAT. 4624]]
(2) Goals.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish goals for
measuring, in an objective and quantifiable format, the extent
to which Indian Tribes and Tribal agricultural and food products
are included in the trade-related activities of the Department
of Agriculture.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) Definition.--Section 3(o)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(o)(1)) is amended by striking ``or house-to-house
trade route'' and inserting ``, house-to-house trade route, or online
entity''.
(b) Acceptance of Benefits.--Section 7(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(k)) is amended--
(1) by striking the heading and inserting ``Acceptance of
Program Benefits Through Online Transactions'',
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(u)) is amended by inserting after the 1st sentence the following:
``By 2022 and at 5-year intervals thereafter, the Secretary shall re-
evaluate and publish the market baskets of the thrifty food plan based
on current food prices, food composition data, consumption patterns, and
dietary guidance.''.
SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) In General.--Section 4(b) of the Food and Nutrition Act of 2008
(7 U.S.C. 2013(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Administrative costs.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall pay not less than 80 percent of
administrative costs and distribution costs on Indian
reservations as the Secretary determines necessary for
effective administration of such distribution by a State
agency or tribal organization.
``(B) Waiver.--The Secretary shall waive up to 100
percent of the non-Federal share of the costs described
in subparagraph (A) if the Secretary determines that--
``(i) the tribal organization is financially
unable to provide a greater non-Federal share of
the costs; or
``(ii) providing a greater non-Federal share
of the costs would be a substantial burden for the
tribal organization.
``(C) Limitation.--The Secretary may not reduce any
benefits or services under the food distribution program
on Indian reservations under this subsection to any
tribal
[[Page 132 STAT. 4625]]
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) <<NOTE: 7 USC 2013 note.>> 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).
[[Page 132 STAT. 4626]]
(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.
[[Page 132 STAT. 4627]]
(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
[[Page 132 STAT. 4628]]
assessments, individualized service plans, progress
monitoring, or coordination with service providers and''
after ``contains'',
(B) in clause (iv) by redesignating subclauses (I)
and (II) as items (aa) and (bb), respectively, and
indenting appropriately,
(C) by redesignating clauses (i) through (vii) and
clause (viii) as subclauses (I) through (VII) and
subclause (IX), respectively, and indenting
appropriately,
(D) by striking subclause (I), as so redesignated,
and inserting the following:
``(I) Supervised job search programs
that occur at State-approved locations
at which the activities of participants
shall be directly supervised and the
timing and activities of participants
tracked in accordance with guidelines
issued by the State.'',
(E) in subclause (II), as so redesignated, by
striking ``jobs skills assessments, job finding clubs,
training in techniques for'' and inserting
``employability assessments, training in techniques to
increase'',
(F) in subclause (IV), as so redesignated, in the
first sentence, by inserting ``, including subsidized
employment and apprenticeships'' before the period at
the end,
(G) in subclause (VII), as so redesignated, by
inserting ``not less than 30 days but'' after ``period
of'',
(H) by inserting after subclause (VII), as so
redesignated, the following:
``(VIII) Programs and activities
under clause (iv) of section 16(h)(1)(F)
that the Secretary determines, based on
results from the independent evaluations
conducted under clause (vii)(I) of such
section, have the most demonstrable
impact on the ability of participants to
find and retain employment that leads to
increased household income and reduced
reliance on public assistance.'',
(I) in the matter preceding subclause (I), as so
redesignated--
(i) by striking ``this subparagraph'' and
inserting ``this clause'', and
(ii) by striking ``(B) For purposes of this
Act, an'' and inserting the following:
``(B) Definitions.--In this Act:
``(i) Employment and training program.--The
term'', and
(J) by adding at the end the following:
``(ii) Workforce partnership.--
``(I) In general.--The term
`workforce partnership' means a program
that--
``(aa) is operated by--
``(AA) a private
employer, an organization
representing private
employers, or a nonprofit
organization providing
services relating to
workforce development; or
``(BB) an entity
identified as an eligible
provider of training
services under section
122(d) of the Workforce
Innovation and Opportunity
Act (29 U.S.C. 3152(d));
[[Page 132 STAT. 4629]]
``(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
[[Page 132 STAT. 4630]]
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
[[Page 132 STAT. 4631]]
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
[[Page 132 STAT. 4632]]
(3) in paragraph (6)--
(A) in the heading by striking ``15-percent
exemption'' and inserting ``Exemptions'',
(B) in subparagraph (B) by striking ``(G)'' and
inserting ``(H)'',
(C) in subparagraph (C) by striking ``(E) and (G)''
and inserting ``(F) and (H)'' ,
(D) in subparagraph (D)--
(i) in the heading by striking ``Subsequent
fiscal years'' and inserting ``Fiscal years 1999
through 2019'',
(ii) by striking ``(E) through (G)'' and
inserting ``(F) through (H)'', and
(iii) by striking ``year,'' and inserting
``year through fiscal year 2019,'',
(E) in subparagraph (E) by striking ``or (D)'' and
inserting ``, (D), or (E)'',
(F) by redesignating subparagraphs (E), (F), and (G)
as subparagraphs (F), (G), and (H), respectively, and
(G) by inserting after subparagraph (D) the
following:
``(E) Subsequent fiscal years.--Subject to
subparagraphs (F) through (H), for fiscal year 2020 and
each subsequent fiscal year, a State agency may provide
a number of exemptions such that the average monthly
number of exemptions in effect during the fiscal year
does not exceed 12 percent of the number of covered
individuals in the State, as estimated by the Secretary
under subparagraph (C), adjusted by the Secretary to
reflect changes in the State's caseload and the
Secretary's estimate of changes in the proportion of
members of households that receive supplemental
nutrition assistance program benefits covered by waivers
granted under paragraph (4).''.
(c) State Plans.--Section 11 of the Food and Nutrition Act of 2008
(7 U.S.C. 2020) is amended--
(1) in subsection (e)(19) by inserting ``the extent to which
such programs will be carried out in coordination with the
activities carried out under title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111 et seq.),'' before ``and the
basis,'', and
(2) by adding at the end the following:
``(w) For households containing at least one adult, with no elderly
or disabled members and with no earned income at their last
certification or required report, a State agency shall, at the time of
recertification, be required to advise members of the household not
exempt under section 6(d)(2) regarding available employment and training
services.''.
(d) Funding of Employment and Training Programs.--Section 16(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$90,000,000''
and inserting ``$103,900,000'',
(B) in subparagraph (C)--
(i) in clause (i) by inserting ``, subject to
clauses (ii) through (v),'' after ``(B), the
Secretary'', and
(ii) by adding at the end the following:
[[Page 132 STAT. 4633]]
``(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
[[Page 132 STAT. 4634]]
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--
[[Page 132 STAT. 4635]]
(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--
[[Page 132 STAT. 4636]]
(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
[[Page 132 STAT. 4637]]
and that all recipients are able to use
benefits in non-participating retail
food stores; and
``(VIII) meets other criteria as
established by the Secretary.'',
(D) by amending clause (iii) to read as follows:
``(iv) Date of project approval.--The
Secretary shall solicit and approve the qualifying
demonstration projects required under subparagraph
(B)(i) not later than January 1, 2021.'', and
(E) by inserting after clause (ii) the following:
``(iii) Priority.--The Secretary may
prioritize demonstration project proposals that
would--
``(I) reduce fraud;
``(II) encourage positive
nutritional outcomes; and
``(III) meet such other criteria as
determined by the Secretary.'', and
(3) in subparagraph (C)(i)--
(A) by striking ``2017'' and inserting ``2022'', and
(B) by inserting ``requires further study by way of
an extended pilot period or'' after ``States'' the 2d
place it appears.
(f) Approval of Retail Food Stores.--Section 9 of the Food and
Nutrition Act (7 U.S.C. 2018) is amended--
(1) in subsection (a)(1)--
(A) in the 4th sentence by striking ``No retail food
store'' and inserting the following:
``(D) Visit required.--No retail food store'',
(B) in the 3d sentence by striking ``Approval'' and
inserting the following:
``(C) Certificate.--Approval'',
(C) in the 2d sentence--
(i) by striking ``food; and (D) the'' and
inserting the following: ``food;
``(iv) any information, if available, about
the ability of the anticipated or existing
electronic benefit transfer equipment and service
provider of the applicant to provide sufficient
information through the electronic benefit
transfer system to minimize the risk of fraudulent
transactions; and
``(v) the'',
(ii) by striking ``concern; (C) whether'' and
inserting the following: ``concern;
``(iii) whether'',
(iii) by striking ``applicant; (B) the'' and
inserting the following: ``applicant;
``(ii) the'',
(iv) by striking ``following: (A) the nature''
and inserting the following: ``following:
``(i) the nature'', and
(v) in the matter preceding clause (i), as so
designated, by striking ``In determining'' and
inserting the following:
``(B) Factors for consideration.--In determining'',
and
(D) in the 1st sentence by striking ``(a)(1)
Regulations'' and inserting the following:
[[Page 132 STAT. 4638]]
``(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
[[Page 132 STAT. 4639]]
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
[[Page 132 STAT. 4640]]
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);
[[Page 132 STAT. 4641]]
``(ii) shall be exempt from the disclosure
requirements of section 552(a) of title 5 of the
United States Code pursuant to section 552(b)(3)
of title 5 of the United States Code, to the
extent such information is obtained or received by
the Secretary;
``(iii) shall not be retained for longer than
is necessary to accomplish the purpose in
subparagraph (A);
``(iv) shall be used in a manner that protects
the identity and location of a vulnerable
individual (including a victim of domestic
violence) that is an applicant for, or recipient
of, supplemental nutrition assistance program
benefits; and
``(v) shall meet security standards as
determined by the Secretary.
``(3) Issuance of interim final regulations.--Not later than
18 months after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall promulgate
regulations (which shall include interim final regulations) to
carry out this subsection that--
``(A) incorporate best practices and lessons learned
from the pilot program under section 4032(c) of the
Agricultural Act of 2014 (7 U.S.C. 2036c(c));
``(B) require a State agency to take appropriate
action, as determined by the Secretary, with respect to
each indication of multiple issuance of supplemental
nutrition assistance program benefits, or each
indication that an individual receiving such benefits in
1 State has applied to receive such benefits in another
State, while ensuring timely and fair service to
applicants for, and recipients of, such benefits;
``(C) establish standards to limit and protect the
information submitted through or retained by the
National Accuracy Clearinghouse consistent with
paragraph (2)(C);
``(D) establish safeguards to protect--
``(i) the information submitted through or
retained by the National Accuracy Clearinghouse,
including by limiting the period of time that
information is retained to the period necessary to
accomplish the purpose described in paragraph
(2)(A); and
``(ii) the privacy of information that is
submitted through or retained by the National
Accuracy Clearinghouse consistent with subsection
(e)(8); and
``(E) include such other rules and standards the
Secretary determines appropriate to carry out this
subsection.
``(4) Timing.--The initial match and corresponding actions
required by paragraph (3)(B) shall occur within 3 years after
the date of the enactment of the Agriculture Improvement Act of
2018.''.
SEC. 4012. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR CERTAIN
PILOT PROJECTS RELATING TO COST SHARING
FOR COMPUTERIZATION.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(g)(1)) is amended--
(1) in subparagraph (F) by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
[[Page 132 STAT. 4642]]
(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;
[[Page 132 STAT. 4643]]
``(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:
[[Page 132 STAT. 4644]]
``(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
[[Page 132 STAT. 4645]]
custodial households, and changes in arrears owed on
child support orders;
``(D) with respect to the eligibility requirements
under each of subsections (l) through (n) of section 6--
``(i) the number of individuals subject to
those requirements;
``(ii) the number of individuals in each State
who meet those requirements; and
``(iii) the number of individuals in each
State who fail to meet those requirements;
``(E) the number of individuals in each State for
whom good cause for noncooperation has been found under
section 6(l)(2);
``(F) the impact of those eligibility requirements
on the supplemental nutrition assistance program
eligibility, benefit levels, food security, income, and
economic stability of--
``(i) individuals subject to those
requirements;
``(ii) the household members of those
individuals, including children; and
``(iii) households with nontraditional family
structures, including a household in which a
grandparent is the primary caretaker of a
grandchild of the grandparent.
``(3) State agency cooperation.--Each State agency selected
under paragraph (1) shall provide information to the Secretary
necessary to conduct the evaluation under such paragraph.
``(4) Report.--Not later than 3 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
findings from the evaluation conducted under paragraph (1).''.
SEC. 4015. LONGITUDINAL DATA FOR RESEARCH.
(a) Longitudinal Data.--Section 17 of the Food and Nutrition Act of
2008 (7 U.S.C. 2026), as amended by section 4014, is amended by adding
at the end the following:
``(n) Longitudinal Data for Research.--
``(1) In general.--Subject to paragraphs (3) through (5), a
State agency may, on approval by the Secretary, establish a
longitudinal database that contains information about households
and members of households that receive benefits under the
supplemental nutrition assistance program in the State.
``(2) Purpose.--Each longitudinal database established under
paragraph (1) shall be used solely to conduct research on
participation in and the operation of the supplemental nutrition
assistance program, including duration of participation in the
program.
``(3) Requirements for databases.--Prior to the approval of
State agencies to establish longitudinal databases under
paragraph (1), the Secretary shall--
[[Page 132 STAT. 4646]]
``(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.
[[Page 132 STAT. 4647]]
``(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
[[Page 132 STAT. 4648]]
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
[[Page 132 STAT. 4649]]
distributors for use by emergency feeding organizations under
subsection (a).
``(2) Federal funding for projects.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and paragraph (3), using funds made available under
paragraph (5), the Secretary may provide funding to
States to pay for the costs of carrying out a project.
``(B) Federal share.--The Federal share of the cost
of a project under subparagraph (A) shall not exceed 50
percent of the total cost of the project.
``(C) Allocation.--
``(i) In general.--Each fiscal year, the
Secretary shall allocate the funds made available
under subparagraph (A), based on a formula
determined by the Secretary, to States that have
submitted a State plan describing a plan of
operation for a project under section 202A(b)(5).
``(ii) Reallocation.--If the Secretary
determines that a State will not expend all of the
funds allocated to the State for a fiscal year
under clause (i), the Secretary shall reallocate
the unexpended funds to other States that have
submitted under section 202A(b)(5) a State plan
describing a plan of operation for a project
during that fiscal year or the subsequent fiscal
year, as the Secretary determines appropriate.
``(iii) Reports.--Each State to which funds
are allocated for a fiscal year under this
subparagraph shall, on a regular basis, submit to
the Secretary financial reports describing the use
of the funds.
``(3) Project purposes.--A State may only use Federal funds
received under paragraph (2) for a project the purposes of which
are--
``(A) to reduce food waste at the agricultural
production, processing, or distribution level through
the donation of food;
``(B) to provide food to individuals in need; and
``(C) to build relationships between agricultural
producers, processors, and distributors and emergency
feeding organizations through the donation of food.
``(4) Cooperative agreements.--The Secretary may encourage a
State agency that carries out a project using Federal funds
received under paragraph (2) to enter into cooperative
agreements with State agencies of other States under section
203B(d) to maximize the use of commodities donated under the
project.
``(5) Funding.--Out of funds not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to
carry out this subsection $4,000,000 for each of fiscal years
2019 through 2023, to remain available until the end of the
subsequent fiscal year.''.
(c) Food Waste.--Section 203D of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7507), as amended by subsection (b), is amended by
adding at the end the following:
``(e) Food Waste.--The Secretary shall issue guidance outlining best
practices to minimize the food waste of the commodities donated under
subsection (a).''.
[[Page 132 STAT. 4650]]
(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;
[[Page 132 STAT. 4651]]
``(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
[[Page 132 STAT. 4652]]
``(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. <<NOTE: 7 USC 2036d.>> 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.
[[Page 132 STAT. 4653]]
``(d) Evaluation.--The Secretary shall provide for an independent
evaluation of pilot projects approved under this section that includes--
``(1) a summary of the activities conducted under the pilot
projects;
``(2) an assessment of the effectiveness of the pilot
projects; and
``(3) best practices regarding the use of public-private
partnerships to improve the effectiveness of public benefit
programs to address food insecurity and poverty.
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 to
remain available until expended.
``(2) Appropriation in advance.--Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.''.
SEC. 4022. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(1) in section 3--
(A) in subsections (d) and (i) by striking ``7(i)''
and inserting ``7(h)'', and
(B) in subsection (o)(1)(A) by striking ``(r)(1)''
and inserting ``(q)(1)'',
(2) in section 5(a) by striking ``and section'' each place
it appears and all that follows through ``households'' the
respective next place it appears, and inserting ``and section
3(m)(4), households'',
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ``3(n)(5)'' and inserting ``3(m)(5)'',
(4) in the 1st sentence of section 10--
(A) by striking ``or the Federal Savings and Loan
Insurance Corporation'' each place it appears, and
(B) by striking ``3(p)(4)'' and inserting
``3(o)(4)'',
(5) in section 11--
(A) in subsection (a)(2) by striking ``3(t)(1)'' and
inserting ``3(s)(1)'', and
(B) in subsection (d)--
(i) by striking ``3(t)(1)'' each place it
appears and inserting ``3(s)(1)'', and
(ii) by striking ``3(t)(2)'' each place it
appears and inserting ``3(s)(2)'', and
(C) in subsection (e)--
(i) in paragraph (17) by striking ``3(t)(1)''
inserting ``3(s)(1)'', and
(ii) in paragraph (23) by striking
``Simplified Supplemental Nutrition Assistance
Program'' and inserting ``simplified supplemental
nutrition assistance program'',
(6) in section 15(e) by striking ``exchange'' and all that
follows through ``anything'', and inserting ``exchange for
benefits, or anything'',
(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking ``3(n)''
and inserting ``3(m)'',
[[Page 132 STAT. 4654]]
(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--
[[Page 132 STAT. 4655]]
``(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''.
[[Page 132 STAT. 4656]]
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
[[Page 132 STAT. 4657]]
``(ii) medical assistance under a State plan
or a waiver of such a plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) and
enrolled under such plan or waiver; and
``(B) a member of a low-income household that
suffers from, or is at risk of developing, a diet-
related health condition.'',
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking ``The''
and inserting ``Except as provided in subparagraph
(D)(iii), the'',
(ii) in subparagraph (C) by adding at the end
the following:
``(iii) Tribal agencies.--The Secretary may
allow a Tribal agency to use funds provided to the
Indian Tribe of the Tribal agency through a
Federal agency (including the Indian Health
Service) or other Federal benefit to satisfy all
or part of the non-Federal share described in
clause (i) if such use is otherwise consistent
with the purpose of such funds.'',
(iii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), and
(iv) by inserting after subparagraph (A) the
following:
``(B) Partners and collaborators.--An eligible
entity that receives a grant under this subsection may
partner with, or make subgrants to, public, private,
nonprofit, or for-profit entities, including--
``(i) an emergency feeding organization;
``(ii) an agricultural cooperative;
``(iii) a producer network or association;
``(iv) a community health organization;
``(v) a public benefit corporation;
``(vi) an economic development corporation;
``(vii) a farmers' market;
``(viii) a community-supported agriculture
program;
``(ix) a buying club;
``(x) a retail food store participating in the
supplemental nutrition assistance program;
``(xi) a State, local, or tribal agency;
``(xii) another eligible entity that receives
a grant under this subsection; and
``(xiii) any other entity the Secretary
designates.'',
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall--
``(i) meet the application criteria set forth
by the Secretary; and
``(ii) propose a project that, at a minimum--
``(I) has the support of the State
agency administering the supplemental
nutrition assistance program;
``(II) would increase the purchase
of fruits and vegetables by low-income
households participating
[[Page 132 STAT. 4658]]
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''
[[Page 132 STAT. 4659]]
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;
[[Page 132 STAT. 4660]]
``(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
[[Page 132 STAT. 4661]]
Assistance, Evaluation, and Information
Centers established under subsection
(e).
``(4) Coordination.--In carrying out the grant program
established under paragraph (1), the Secretary shall coordinate
with the Secretary of Health and Human Services and the heads of
other appropriate Federal agencies that carry out activities
relating to healthcare partners.
``(5) Partnerships.--
``(A) In general.--In carrying out the grant program
under paragraph (1), the Secretary may enter into 1 or
more memoranda of understanding with a Federal agency, a
State, or a private entity to ensure the effective
implementation and evaluation of each project.
``(B) Memorandum of understanding.--A memorandum of
understanding entered into under subparagraph (A) shall
include--
``(i) a description of a plan to provide
educational opportunities relating to nutrition to
members participating in produce prescription
projects;
``(ii) a description of the role of the
Federal agency, State, or private entity, as
applicable, in implementing and evaluating an
effective produce prescription project; and
``(iii) documentation of a partnership
agreement with a relevant State Medicaid agency or
other appropriate entity, as determined by the
Secretary.
``(d) Applicability.--
``(1) In general.--The value of any benefit provided to a
participant in any activity funded under subsections (b) or (c)
shall be treated as supplemental nutrition benefits under
section 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(b)).
``(2) Prohibition on collection of sales taxes.--Each State
shall ensure that no State or local tax is collected on a
purchase of food with assistance provided under subsections (b)
and (c).
``(3) No limitation on benefits.--Grants made available
under subsections (b) and (c) shall not be used to carry out any
project that limits the use of benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other
Federal nutrition law.
``(4) Household allotment.--Assistance provided under
subsections (b) and (c) to households receiving benefits under
the supplemental nutrition assistance program shall not--
``(A) be considered part of the supplemental
nutrition assistance program benefits of the household;
or
``(B) be used in the collection or disposition of
claims under section 13 of the Food and Nutrition Act of
2008 (7 U.S.C. 2022).
``(e) Nutrition Incentive Program Training, Technical Assistance,
Evaluation, and Information Centers.--
``(1) In general.--The Secretary shall--
``(A) establish 1 or more Nutrition Incentive
Program Training, Technical Assistance, Evaluation, and
Information Centers, in consultation with the Director
of the National Institute of Food and Agriculture; and
[[Page 132 STAT. 4662]]
``(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
[[Page 132 STAT. 4663]]
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. <<NOTE: 7 USC 7518.>> 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.
[[Page 132 STAT. 4664]]
(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.
[[Page 132 STAT. 4665]]
(2) Priority.--In carrying out the competitive distribution
of subgrants under subsection (c), an eligible State may give
priority to an eligible entity that--
(A) has not previously received a subgrant under
this section; or
(B) is located in a community or region in that
eligible State with the highest degree of food
insecurity, as determined by the agricultural department
or agency of the eligible State.
(3) Projects.--An eligible State may provide subgrants to 2
or more eligible entities to carry out the same project.
(4) Use of subgrant funds by eligible entities.--An eligible
entity that receives a subgrant under this section shall use the
funds to engage in activities that will increase the quantity
and quality of locally grown food for food insecure individuals,
families, neighborhoods, and communities, including by--
(A) purchasing gardening tools or equipment, soil,
soil amendments, seeds, plants, animals, canning
equipment, refrigeration, or other items necessary to
grow and store food;
(B) purchasing or building composting units;
(C) purchasing or building towers designed to grow
leafy green vegetables;
(D) expanding an area under cultivation or engaging
in other activities necessary to be eligible to receive
funding under the environmental quality incentives
program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3839aa et seq.) for a high tunnel;
(E) engaging in an activity that extends the growing
season;
(F) starting or expanding hydroponic and aeroponic
farming of any scale;
(G) building, buying, erecting, or repairing fencing
for livestock, poultry, or reindeer;
(H) purchasing and equipping a slaughter and
processing facility approved by the Secretary;
(I) traveling to participate in agricultural
education provided by--
(i) a State cooperative extension service;
(ii) a land-grant college or university (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103));
(iii) a Tribal College or University (as
defined in section 316(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)));
(iv) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as such terms
are defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))); or
(v) a Federal or State agency;
(J) paying for shipping of purchased items relating
to growing or raising food for local consumption or
purchase;
(K) creating or expanding avenues for--
[[Page 132 STAT. 4666]]
(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. <<NOTE: 42 USC 1760 note.>> 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
[[Page 132 STAT. 4667]]
(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. <<NOTE: 7 USC 2026a note.>> 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.--
[[Page 132 STAT. 4668]]
(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,
[[Page 132 STAT. 4669]]
a community college, an adult vocational
agriculture program, a nonprofit organization, or
a land-grant college or university;
``(iii) at least 1 year of experience as hired
farm labor with substantial management
responsibilities;
``(iv) successfully completed a farm
mentorship, apprenticeship, or internship program
with an emphasis on management requirements and
day-to-day farm management decisions;
``(v) significant business management
experience;
``(vi) been honorably discharged from the
armed forces of the United States;
``(vii) successfully repaid a youth loan made
under section 311(b); or
``(viii) an established relationship with an
individual who has experience in farming or
ranching, or is a retired farmer or rancher, and
is participating as a counselor in a Service Corps
of Retired Executives program authorized under
section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B)), or with a local farm or
ranch operator or organization, approved by the
Secretary, that is committed to mentoring the
farmer or rancher; or
``(B) waive the 3-year requirement in paragraph (1)
if the farmer or rancher meets the requirements of
clauses (iii) and (viii) of subparagraph (A).''.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1924(h)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925) is amended--
(1) in subsection (a)(2)--
(A) by striking ``$300,000'' and inserting
``$600,000'';
(B) by striking ``$700,000'' and inserting
``$1,750,000''; and
(C) by striking ``2000'' and inserting ``2019''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``August'' and
inserting ``July''; and
(B) in paragraph (2), by striking ``ending on August
31, 1996'' and inserting ``that immediately precedes the
12-month period described in paragraph (1)''.
SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUCCESSION
ON FARMLAND.
Subtitle A of title III of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end
the following:
``SEC. 310I. <<NOTE: 7 USC 1936c.>> 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
[[Page 132 STAT. 4670]]
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.
[[Page 132 STAT. 4671]]
``(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--
[[Page 132 STAT. 4672]]
``(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. <<NOTE: 7 USC 2008a.>> 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
[[Page 132 STAT. 4673]]
``(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. <<NOTE: 7 USC 2008b.>> SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS; QUALIFIED BEGINNING FARMERS
AND RANCHERS.
``In the case of a loan guaranteed by the Secretary under subtitle A
or B to a socially disadvantaged farmer or rancher (as defined in
section 355(e)) or a qualified beginning farmer or rancher, the
Secretary may provide for a standard guarantee plan, which shall cover
an amount equal to 95 percent of the outstanding principal of the
loan.''.
SEC. 5307. EMERGENCY LOAN ELIGIBILITY.
Section 373(b)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h(b)(2)(B)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(2) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary''; and
(3) by adding at the end the following:
``(ii) Restructured loans.--For purposes of
clause (i), a borrower who was restructured with a
write-down or restructuring under section 353
shall not be considered to have received debt
forgiveness on a loan made or guaranteed under
this title.''.
[[Page 132 STAT. 4674]]
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) <<NOTE: 7 USC 1961 note.>> 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) <<NOTE: 7 USC 1981d note.>> 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) <<NOTE: 7 USC 1983a note.>> 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) <<NOTE: 7 USC 1991 note.>> 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) <<NOTE: 7 USC 1901 note.>> 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
[[Page 132 STAT. 4675]]
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.
[[Page 132 STAT. 4676]]
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. <<NOTE: 12 USC 2265a.>> 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
[[Page 132 STAT. 4677]]
``(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. <<NOTE: 12 USC 2267a.>> JURISDICTION OVER
INSTITUTION-AFFILIATED PARTIES.
``(a) In General.--For purposes of sections 5.25, 5.26, and 5.32,
the jurisdiction of the Farm Credit Administration over parties, and the
authority of the Farm Credit Administration to initiate actions, shall
include enforcement authority over institution-affiliated parties.
``(b) Effect of Separation on Jurisdiction and Authority.--Subject
to subsection (c), the resignation, termination of employment or
participation, or separation of an institution-affiliated party
(including a separation caused by the merger, consolidation,
conservatorship, or receivership of a Farm Credit System institution)
shall not affect the jurisdiction and authority of the Farm Credit
[[Page 132 STAT. 4678]]
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) <<NOTE: 12 USC 2279aa-8 note.>> 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.
[[Page 132 STAT. 4679]]
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.
[[Page 132 STAT. 4680]]
(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:
[[Page 132 STAT. 4681]]
``SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
``Each bank''; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended--
(A) in subsection (d)--
(i) by striking paragraph (2) and inserting
the following:
``(3) Representation of board.--The Farm Credit System
Insurance Corporation shall not have representation on the board
of directors of the Corporation.'';
(ii) in the undesignated matter following
paragraph (1)(D), by striking ``In selecting'' and
inserting the following:
``(2) Considerations.--In selecting''; and
(iii) in paragraph (2) (as so designated), by
inserting ``of paragraph (1)'' after ``(A) and
(B)'';
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection
(e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12
U.S.C. 2162(c)) is amended--
(A) by striking ``institution, and--'' in the matter
preceding paragraph (1) and all that follows through the
period at the end of paragraph (2) and inserting
``institution.'';
(B) by striking ``If an institution'' and inserting
the following:
``(1) In general.--If an institution'';
(C) in paragraph (1) (as so designated), by striking
``the receiver of the institution'' and inserting ``the
Farm Credit System Insurance Corporation, acting as
receiver,''; and
(D) by adding at the end the following:
``(2) Funding.--The Farm Credit System Insurance Corporation
shall use such funds from the Farm Credit Insurance Fund as are
sufficient to carry out this section.''.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12
U.S.C. 2184(a)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--A Farm Credit System bank or association
shall provide to a stockholder of the bank or association a
current list of stockholders of the bank or association not
later than 7 calendar days after the date on which the bank or
association receives a written request for the stockholder list
from the stockholder.''.
(22) Section 4.14A of the Farm Credit Act of 1971 (12 U.S.C.
2202a) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by
inserting ``and section 4.36'' before the colon at
the end; and
(ii) in paragraph (5)(B)(ii)(I), by striking
``4.14C,'';
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by
striking ``production credit''.
[[Page 132 STAT. 4682]]
(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)--
[[Page 132 STAT. 4683]]
(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.) <<NOTE: 12 USC 2278a-- 2278a-13, 2278b-2-- 2278b-
11.>> 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
[[Page 132 STAT. 4684]]
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
[[Page 132 STAT. 4685]]
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.
[[Page 132 STAT. 4686]]
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a-4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5412. <<NOTE: 12 USC 2277a-10c.>> 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
[[Page 132 STAT. 4687]]
``(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--
[[Page 132 STAT. 4688]]
``(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
[[Page 132 STAT. 4689]]
(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--
[[Page 132 STAT. 4690]]
``(I) the claimant did not receive
notice of the appointment of the
receiver in time to file such claim
before such date; and
``(II) such claim is filed in time
to permit payment of such claim.
``(D) Authority to disallow claims.--
``(i) In general.--The receiver may disallow
any portion of any claim by a creditor or claim of
security, preference, or priority which is not
proved to the satisfaction of the receiver.
``(ii) Payments to less than fully secured
creditors.--In the case of a claim of a creditor
against a System institution which is secured by
any property or other asset of such System
institution, any receiver appointed for any System
institution--
``(I) may treat the portion of such
claim which exceeds an amount equal to
the fair market value of such property
or other asset as an unsecured claim
against the System institution; and
``(II) may not make any payment with
respect to such unsecured portion of the
claim other than in connection with the
disposition of all claims of unsecured
creditors of the System institution.
``(iii) Exceptions.--No provision of this
paragraph shall apply with respect to--
``(I) any extension of credit from
any Federal Reserve bank or the United
States Treasury to any System
institution; or
``(II) any security interest in the
assets of the System institution
securing any such extension of credit.
``(E) No judicial review of determination pursuant
to subparagraph (d).--No court may review the
Corporation's determination pursuant to subparagraph (D)
to disallow a claim.
``(F) Legal effect of filing.--
``(i) Statute of limitation tolled.--For
purposes of any applicable statute of limitations,
the filing of a claim with the receiver shall
constitute a commencement of an action.
``(ii) No prejudice to other actions.--Subject
to paragraph (12) and the determination of claims
by a receiver, the filing of a claim with the
receiver shall not prejudice any right of the
claimant to continue any action which was filed
before the appointment of the receiver.
``(6) Provision for judicial determination of claims.--
``(A) In general.--Before the end of the 60-day
period beginning on the earlier of--
``(i) the end of the period described in
paragraph (5)(A)(i) with respect to any claim
against a System institution for which the
Corporation is receiver; or
``(ii) the date of any notice of disallowance
of such claim pursuant to paragraph (5)(A)(i),
the claimant may request administrative review of the
claim in accordance with paragraph (7) or file suit on
such claim (or continue an action commenced before the
[[Page 132 STAT. 4691]]
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
[[Page 132 STAT. 4692]]
``(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
[[Page 132 STAT. 4693]]
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.--
[[Page 132 STAT. 4694]]
``(I) Payment.--All claims of each
priority described in clauses (i)
through (vii) of subparagraph (A) shall
be paid in full, or provisions shall be
made for that payment, prior to the
payment of any claim of a lesser
priority.
``(II) Insufficient funds.--If there
are insufficient funds to pay in full
all claims in any priority described
clauses (i) through (vii) of
subparagraph (A), distribution on that
priority of claims shall be made on a
pro rata basis.
``(ii) Distribution of remaining assets.--
Following the payment of all claims in accordance
with subparagraph (A), the receiver shall
distribute the remainder of the assets of the
System institution to the owners of stock,
participation certificates, and other equities in
accordance with the priorities for impairment
under the bylaws of the System institution.
``(iii) Eligible borrower stock.--
Notwithstanding subparagraph (C) or any other
provision of this section, eligible borrower stock
shall be retired in accordance with section 4.9A.
``(C) Effect of state law.--
``(i) In general.--The provisions of
subparagraph (A) shall not supersede the law of
any State except to the extent such law is
inconsistent with the provisions of such
subparagraph, and then only to the extent of the
inconsistency.
``(ii) Procedure for determination of
inconsistency.--Upon the Corporation's own motion
or upon the request of any person with a claim
described in subparagraph (A) or any State which
is submitted to the Corporation in accordance with
procedures which the Corporation shall prescribe,
the Corporation shall determine whether any
provision of the law of any State is inconsistent
with any provision of subparagraph (A) and the
extent of any such inconsistency.
``(iii) Judicial review.--The final
determination of the Corporation under clause (ii)
shall be subject to judicial review under chapter
7 of title 5, United States Code.
``(D) Accounting report.--Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the
accounting report required under paragraph (15)(B).
``(12) Suspension of legal actions.--
``(A) In general.--After the appointment of a
conservator or receiver for a System institution, the
conservator or receiver may request a stay for a period
not to exceed--
``(i) 45 days, in the case of any conservator;
and
``(ii) 90 days, in the case of any receiver,
in any judicial action or proceeding to which such
System institution is or becomes a party.
``(B) Grant of stay by all courts required.--Upon
receipt of a request by any conservator or receiver
pursuant to subparagraph (A) for a stay of any judicial
action or proceeding in any court with jurisdiction of
such action
[[Page 132 STAT. 4695]]
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
[[Page 132 STAT. 4696]]
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
[[Page 132 STAT. 4697]]
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
[[Page 132 STAT. 4698]]
Corporation under the control of the court and appointing a
trustee to hold such assets.
``(18) Standards.--
``(A) Showing.--Rule 65 of the Federal Rules of
Civil Procedure shall apply with respect to any
proceeding under paragraph (17) without regard to the
requirement of such rule that the applicant show that
the injury, loss, or damage is irreparable and
immediate.
``(B) State proceeding.--If, in the case of any
proceeding in a State court, the court determines that
rules of civil procedure available under the laws of
such State provide substantially similar protections to
such party's right to due process as Rule 65 (as
modified with respect to such proceeding by subparagraph
(A)), the relief sought by the Corporation pursuant to
paragraph (17) may be requested under the laws of such
State.
``(19) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final and unappealable
judgment for monetary damages entered against a receiver or
conservator for a System institution for the breach of an
agreement executed or approved by such receiver or conservator
after the date of its appointment shall be paid as an
administrative expense of the receiver or conservator. Nothing
in this paragraph shall be construed to limit the power of a
receiver or conservator to exercise any rights under contract or
law, including terminating, breaching, canceling, or otherwise
discontinuing such agreement.
``(c) Provisions Relating to Contracts Entered Into Before
Appointment of Conservator or Receiver.--
``(1) Authority to repudiate contracts.--In addition to any
other rights a conservator or receiver may have, the conservator
or receiver for a System institution may disaffirm or repudiate
any contract or lease--
``(A) to which such System institution is a party;
``(B) the performance of which the conservator or
receiver, in the conservator's or receiver's discretion,
determines to be burdensome; and
``(C) the disaffirmance or repudiation of which the
conservator or receiver determines, in the conservator's
or receiver's discretion, will promote the orderly
administration of the System institution's affairs.
``(2) Timing of repudiation.--The Corporation as conservator
or receiver for any System institution shall determine whether
or not to exercise the rights of repudiation under this
subsection within a reasonable period following such
appointment.
``(3) Claims for damages for repudiation.--
``(A) In general.--Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the
disaffirmance or repudiation of any contract pursuant to
paragraph (1) shall be--
``(i) limited to actual direct compensatory
damages; and
``(ii) determined as of--
[[Page 132 STAT. 4699]]
``(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--
[[Page 132 STAT. 4700]]
``(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
[[Page 132 STAT. 4701]]
``(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;
[[Page 132 STAT. 4702]]
``(III) with respect to a leverage
transaction merchant, a leverage
transaction;
``(IV) with respect to a clearing
organization, a contract for the
purchase or sale of a commodity for
future delivery on, or subject to the
rules of, a contract market or board of
trade that is cleared by such clearing
organization, or commodity option traded
on, or subject to the rules of, a
contract market or board of trade that
is cleared by such clearing
organization;
``(V) with respect to a commodity
options dealer, a commodity option;
``(VI) any other agreement or
transaction that is similar to any
agreement or transaction referred to in
this clause;
``(VII) any combination of the
agreements or transactions referred to
in this clause;
``(VIII) any option to enter into
any agreement or transaction referred to
in this clause;
``(IX) a master agreement that
provides for an agreement or transaction
referred to in any of subclauses (I)
through (VIII), together with all
supplements to any such master
agreement, without regard to whether the
master agreement provides for an
agreement or transaction that is not a
commodity contract under this clause,
except that the master agreement shall
be considered to be a commodity contract
under this clause only with respect to
each agreement or transaction under the
master agreement that is referred to in
subclause (I), (II), (III), (IV), (V),
(VI), (VII), or (VIII); or
``(X) any security agreement or
arrangement or other credit enhancement
related to any agreement or transaction
referred to in this clause, including
any guarantee or reimbursement
obligation in connection with any
agreement or transaction referred to in
this clause.
``(ii) Forward contract.--The term `forward
contract' means--
``(I) a contract (other than a
commodity contract) for the purchase,
sale, or transfer of a commodity or any
similar good, article, service, right,
or interest which is presently or in the
future becomes the subject of dealing in
the forward contract trade, or product
or byproduct thereof, with a maturity
date more than 2 days after the date the
contract is entered into, including a
repurchase or reverse repurchase
transaction (whether or not such
repurchase or reverse repurchase
transaction is a repurchase agreement),
consignment, lease, swap, hedge
transaction, deposit, loan, option,
allocated transaction, unallocated
transaction, or any other similar
agreement;
``(II) any combination of agreements
or transactions referred to in
subclauses (I) and (III);
[[Page 132 STAT. 4703]]
``(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,
[[Page 132 STAT. 4704]]
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
[[Page 132 STAT. 4705]]
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
[[Page 132 STAT. 4706]]
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
[[Page 132 STAT. 4707]]
contingency associated with a financial,
commercial, or economic consequence, or
economic or financial indices or
measures of economic or financial risk
or value;
``(III) any combination of
agreements or transactions referred to
in this clause;
``(IV) any option to enter into any
agreement or transaction referred to in
this clause;
``(V) a master agreement that
provides for an agreement or transaction
referred to in any of subclauses (I)
through (IV), together with all
supplements to any such master
agreement, without regard to whether the
master agreement contains an agreement
or transaction that is not a swap
agreement under this clause, except that
the master agreement shall be considered
to be a swap agreement under this clause
only with respect to each agreement or
transaction under the master agreement
that is referred to in subclause (I),
(II), (III), or (IV); and
``(VI) any security agreement or
arrangement or other credit enhancement
related to any agreements or
transactions referred to in any of
subclauses (I) through (V), including
any guarantee or reimbursement
obligation in connection with any
agreement or transaction referred to in
any such subclause.
``(viii) Transfer.--The term `transfer' means
every mode, direct or indirect, absolute or
conditional, voluntary or involuntary, of
disposing of or parting with property or with an
interest in property, including retention of title
as a security interest and foreclosure of the
equity of redemption of a System institution.
``(ix) Treatment of master agreement as 1
agreement.--For purposes of this subparagraph--
``(I) any master agreement for any
contract or agreement described in this
subparagraph (or any master agreement
for such a master agreement or
agreements), together with all
supplements to the master agreement,
shall be treated as a single agreement
and a single qualified financial
contact; and
``(II) if a master agreement
contains provisions relating to
agreements or transactions that are not
qualified financial contracts, the
master agreement shall be deemed to be a
qualified financial contract only with
respect to those transactions that are
themselves qualified financial
contracts.
``(B) Rights of parties to contracts.--Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and
section 5.61(d)) or any other Federal or State law, no
person shall be stayed or prohibited from exercising--
``(i) any right such person has to cause the
termination, liquidation, or acceleration of any
qualified financial contract with a System
institution which arises upon the appointment of
the Corporation as
[[Page 132 STAT. 4708]]
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.
[[Page 132 STAT. 4709]]
``(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:
[[Page 132 STAT. 4710]]
``(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.
[[Page 132 STAT. 4711]]
``(D) Transfer of contracts subject to the rules of
a clearing organization.--In the event that a
conservator or receiver transfers any qualified
financial contract and related claims, property, and
credit enhancements pursuant to subparagraph (B)(i) and
such contract is cleared by or subject to the rules of a
clearing organization, the clearing organization shall
not be required to accept the transferee as a member by
virtue of the transfer.
``(10) Notification of transfer.--
``(A) Definition of business day.--In this
paragraph, the term `business day' means any day other
than any Saturday, Sunday, or any day on which either
the New York Stock Exchange or the Federal Reserve Bank
of New York is closed.
``(B) Notification.--If--
``(i) the conservator or receiver for a System
institution in default makes any transfer of the
assets and liabilities of such System institution;
and
``(ii) the transfer includes any qualified
financial contract, the conservator or receiver
shall notify any person who is a party to any such
contract of such transfer by 5:00 p.m. (eastern
time) on the business day following the date of
the appointment of the receiver in the case of a
receivership, or the business day following such
transfer in the case of a conservatorship.
``(C) Certain rights not enforceable.--
``(i) Receivership.--A person who is a party
to a qualified financial contract with a System
institution may not exercise any right that such
person has to terminate, liquidate, or net such
contract under paragraph (8)(B) of this
subsection, solely by reason of or incidental to
the appointment of a receiver for the System
institution (or the insolvency or financial
condition of the System institution for which the
receiver has been appointed)--
``(I) until 5:00 p.m. (eastern time)
on the business day following the date
of the appointment of the receiver; or
``(II) after the person has received
notice that the contract has been
transferred pursuant to paragraph
(9)(B).
``(ii) Conservatorship.--A person who is a
party to a qualified financial contract with a
System institution may not exercise any right that
such person has to terminate, liquidate, or net
such contract under paragraph (8)(E) of this
subsection, solely by reason of or incidental to
the appointment of a conservator for the System
institution (or the insolvency or financial
condition of the System institution for which the
conservator has been appointed).
``(iii) Notice.--For purposes of this
paragraph, the Corporation as receiver or
conservator of a System institution shall be
deemed to have notified a person who is a party to
a qualified financial contract with such System
institution if the Corporation has taken
[[Page 132 STAT. 4712]]
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.--
[[Page 132 STAT. 4713]]
``(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
[[Page 132 STAT. 4714]]
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
[[Page 132 STAT. 4715]]
services to a System institution, recoverable damages determined to
result from the improvident or otherwise improper use or investment of
any System institution's assets shall include principal losses and
appropriate interest.
``(h) Bridge Farm Credit System Banks.--
``(1) Organization.--
``(A) Purpose.--
``(i) In general.--When 1 or more System banks
are in default, or when the Corporation
anticipates that 1 or more System banks may become
in default, the Corporation may, in its
discretion, organize, and the Farm Credit
Administration may, in its discretion, charter, 1
or more System banks, with the powers and
attributes of System banks, subject to the
provisions of this subsection, to be referred to
as `bridge System banks'.
``(ii) Intent of congress.--It is the intent
of the Congress that, in order to prevent
unnecessary hardship or losses to the customers of
any System bank in default with respect to which a
bridge System bank is chartered, the Corporation
should--
``(I) continue to honor commitments
made by the System bank in default to
creditworthy customers; and
``(II) not interrupt or terminate
adequately secured loans which are
transferred under this subsection and
are being repaid by the debtor in
accordance with the terms of the loan
instrument.
``(B) Authorities.--Once chartered by the Farm
Credit Administration, the bridge System bank may--
``(i) assume such liabilities of the System
bank or banks in default or in danger of default
as the Corporation may, in its discretion,
determine to be appropriate;
``(ii) purchase such assets of the System bank
or banks in default or in danger of default as the
Corporation may, in its discretion, determine to
be appropriate; and
``(iii) perform any other temporary function
which the Corporation may, in its discretion,
prescribe in accordance with this Act.
``(C) Articles of association.--The articles of
association and organization certificate of a bridge
System bank as approved by the Corporation shall be
executed by 3 representatives designated by the
Corporation.
``(D) Interim directors.--A bridge System bank shall
have an interim board of directors consisting of not
fewer than 5 nor more than 10 members appointed by the
Corporation.
``(2) Chartering.--
``(A) Conditions.--The Farm Credit Administration
may charter a bridge System bank only if the Board of
Directors determines that--
``(i) the amount which is reasonably necessary
to operate such bridge System bank will not exceed
the amount which is reasonably necessary to save
the cost of liquidating 1 or more System banks in
default or
[[Page 132 STAT. 4716]]
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
[[Page 132 STAT. 4717]]
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
[[Page 132 STAT. 4718]]
``(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
[[Page 132 STAT. 4719]]
``(B) receive any salary or benefits for service in
any such capacity with respect to a bridge System bank
in addition to such salary or benefits as are obtained
through employment with the Corporation or such Federal
instrumentality.
``(7) Assistance authorized.--The Corporation may, in its
discretion, provide assistance under section 5.61(a) to
facilitate any merger or consolidation of a bridge System bank
in the same manner and to the same extent as such assistance may
be provided to a qualifying insured System bank (as defined in
section 5.61(a)(2)(B)) or to facilitate a bridge System bank's
acquisition of any assets or the assumption of any liabilities
of a System bank in default or in danger of default.
``(8) Duration of bridge system banks.--Subject to
paragraphs (10) and (11), the status of a bridge System bank as
such shall terminate at the end of the 2-year period following
the date it was granted a charter. The Farm Credit
Administration Board may, in its discretion, extend the status
of the bridge System bank as such for 3 additional 1-year
periods.
``(9) Termination of bridge system banks status.--The status
of any bridge System bank as such shall terminate upon the
earliest of--
``(A) the merger or consolidation of the bridge
System bank with a System institution that is not a
bridge System bank, on the condition that the merger or
consolidation shall be subject to the approval of the
Farm Credit Administration;
``(B) at the election of the Corporation and with
the approval of the Farm Credit Administration, the sale
of a majority or all of the capital stock of the bridge
System bank to a System institution or another bridge
System bank;
``(C) at the election of the Corporation, and with
the approval of the Farm Credit Administration, either
the assumption of all or substantially all of the
liabilities of the bridge System bank, or the
acquisition of all or substantially all of the assets of
the bridge System bank, by a System institution that is
not a bridge System bank or other entity as permitted
under applicable law; and
``(D) the expiration of the period provided in
paragraph (8), or the earlier dissolution of the bridge
System bank as provided in paragraph (11).
``(10) Effect of termination events.--
``(A) Merger or consolidation.--A bridge System bank
that participates in a merger or consolidation as
provided in paragraph (9)(A) shall be for all purposes a
System institution, with all the rights, powers, and
privileges thereof, and such merger or consolidation
shall be conducted in accordance with, and shall have
the effect provided in, the provisions of applicable
law.
``(B) Charter conversion.--Following the sale of a
majority or all of the capital stock of the bridge
System bank as provided in paragraph (9)(B), the Farm
Credit Administration Board may amend the charter of the
bridge System bank to reflect the termination of the
status of the bridge System bank as such, whereupon the
System bank shall remain a System bank, with all of the
rights,
[[Page 132 STAT. 4720]]
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
[[Page 132 STAT. 4721]]
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
[[Page 132 STAT. 4722]]
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. <<NOTE: 7 USC 2008w.>> 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;
[[Page 132 STAT. 4723]]
(ii) the duration that the recipient producer
has engaged in agricultural production;
(iii) the size of the farm or ranch of the
recipient producer;
(iv) the race, ethnicity, and gender of the
recipient producer;
(v) the agricultural commodity or commodities,
or type of enterprise, for which the loan was
secured;
(vi) the amount of the farm loan made or
guaranteed;
(vii) the type of the farm loan made or
guaranteed; and
(viii) the default rate of the farm loan made
or guaranteed;
(B) for each State and county in the United States,
data demonstrating the number of outstanding farm loans
made or guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed
as measured against target participation rates for
beginning and socially disadvantaged farmers, broken
down by State, as described in sections 346(b)(2) and
355 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)(2), 2003).
(2) Submission of report.--The report described in paragraph
(1) shall be--
(A) submitted--
(i) to--
(I) the Committee on Agriculture of
the House of Representatives;
(II) the Committee on Appropriations
of the House of Representatives;
(III) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
and
(IV) the Committee on Appropriations
of the Senate; and
(ii) not later than December 30, 2019, and
annually thereafter; and
(B) made publicly available not later than 90 days
after the date described in subparagraph (A)(ii).
(c) Comprehensive Review.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act (and every 5 years thereafter), the
Secretary shall--
(A) prepare a comprehensive review of all reports
submitted under subsection (b)(2);
(B) identify trends within data outlined in
subsection (b)(1), including the extent to which target
annual participation rates for beginning and socially
disadvantaged farmers (as defined by the Secretary) are
being met for each loan type; and
(C) provide specific actions the Department will
take to improve the performance of direct and guaranteed
loans with respect to underserved producers and any
recommendations the Secretary may make for further
congressional action.
(2) Submission of comprehensive review.--The comprehensive
review described in paragraph (1) shall be--
[[Page 132 STAT. 4724]]
(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
[[Page 132 STAT. 4725]]
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.--
[[Page 132 STAT. 4726]]
(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
[[Page 132 STAT. 4727]]
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, <<NOTE: 7 USC 2662.>> in the
matter preceding subsection (a), by inserting
``(referred to in this title as the `Secretary')'' after
``Agriculture''; and
(B) <<NOTE: 7 USC 2662.>> 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. <<NOTE: 7 USC 2204b-2.>> TEMPORARY PRIORITIZATION OF
RURAL HEALTH ASSISTANCE.
``(a) Authority to Temporarily Prioritize Certain Rural Development
Applications.--Notwithstanding any other provision of law, the
Secretary, after consultation with such public health officials as may
be necessary, may announce through a Federal Register notice pursuant to
section 553(b)(3)(B) of title 5, United States Code, a temporary
reprioritization, on a national or multistate basis, for certain rural
development loan and grant applications to assist rural communities in
responding to a significant public health disruption.
``(b) Public Health Disruption.--For the purposes of this section,
the term `public health disruption' means an unanticipated increase in
mortality or morbidity in rural communities, when compared to non-rural
communities, caused by identifiable events, actions, or behavioral
trends, which can be remediated by the programs of the Rural Development
mission area. When measuring a public health disruption, the Secretary
may analyze data on a national or multi-state basis.
``(c) Content of Announcement.--In the announcement, the Secretary
shall--
``(1) describe the nature of the public health disruption,
including the causes, effects, affected populations, and
affected States;
``(2) explain how the programs of the Department of
Agriculture will work in remedying the public health disruption;
``(3) identify the services, treatments, or infrastructure
best suited to address the public health disruption;
``(4) establish--
``(A) the start and end dates of the
reprioritization;
``(B) the programs subject to reprioritization and
the modifications to the application process;
``(C) the process for making reprioritizations for
applicable programs;
``(D) the amount of funds set-aside for applicable
programs, except that a set-aside for such a program
shall not be greater than 20 percent of the amounts
appropriated for the program for the fiscal year
involved; and
``(E) the region in which the reprioritization is in
effect; and
[[Page 132 STAT. 4728]]
``(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. <<NOTE: 7 USC 1990a.>> 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.''.
[[Page 132 STAT. 4729]]
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;
[[Page 132 STAT. 4730]]
``(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--
[[Page 132 STAT. 4731]]
``(i) make grants of up to 75 percent of the
development costs of the project for which the
grant is provided to an eligible entity if the
Secretary determines that the project serves--
``(I) an area of rural households
described in paragraph (2)(A)(i); or
``(II) a rural community described
in any of subclauses (I) through (IV) of
paragraph (2)(B)(i); and
``(ii) make modifications of the density
thresholds described in subparagraph (C), in order
to ensure that funds provided under this section
are best utilized to provide broadband service in
communities that are the most rural in character.
``(E) Applications.--The Secretary shall establish
an application process for grants under this section
that--
``(i) permits a single application for a grant
and a loan under title I, II, or this title that
is associated with such grant; and
``(ii) provides a single decision to award
such grant and such loan.
``(F) Density determinations.--When determining
population density under this section, the Secretary
shall prescribe a calculation method which--
``(i) utilizes publicly available data; and
``(ii) includes only those areas in which the
applicant is able to meet the service requirements
under this section, as determined by the
Secretary.
``(4) Fees.--In the case of loan guarantees issued or
modified under this section, the Secretary shall charge and
collect from the lender fees in such amounts as to bring down
the costs of subsidies for guaranteed loans, except that such
fees shall not act as a bar to participation in the programs nor
be inconsistent with current practices in the marketplace.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``loan or'' and
inserting ``grant, loan, or'';
(II) by striking clause (i) and
inserting the following:
``(i) demonstrate the ability to furnish or
improve service in order to meet the broadband
buildout requirements established under subsection
(e)(4) in all or part of an unserved or
underserved rural area;''.
(III) in clause (ii), by striking
``a loan application'' and inserting
``an application''; and
(IV) in clause (iii)--
(aa) by striking ``service''
and inserting
``infrastructure'';
(bb) by striking ``loan''
the first place it appears;
(cc) by striking ``3'' and
inserting ``5''; and
(dd) by striking ``proceeds
from the loan made or guaranteed
under this section are'' and
inserting ``assistance under
this section is''; and
[[Page 132 STAT. 4732]]
(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
[[Page 132 STAT. 4733]]
(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--
[[Page 132 STAT. 4734]]
``(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.
[[Page 132 STAT. 4735]]
``(b) Middle Mile Infrastructure.--For the purposes of this section,
the term `middle mile infrastructure' means any broadband infrastructure
that does not connect directly to end-user locations (including anchor
institutions) and may include interoffice transport, backhaul, Internet
connectivity, data centers, or special access transport to rural areas.
``(c) Grants, Loans, and Loan Guarantees.--The Secretary shall make
grants, loans, and loan guarantees to eligible applicants described in
subsection (d) to provide funds for the construction, improvement, or
acquisition of middle mile infrastructure to serve rural areas.
``(d) Eligibility.--
``(1) Eligible applicants.--
``(A) In general.--To be eligible to obtain
assistance under this section, an eligible entity
shall--
``(i) submit to the Secretary an application
at such time, in such manner, and containing such
information as the Secretary may require;
``(ii) agree to complete build-out of the
middle mile infrastructure described in the
application by not later than 5 years after the
initial date on which proceeds from the assistance
provided under this section are made available;
and
``(iii) submit to the Secretary a plan to
ensure the viability of the project by--
``(I) connecting, assisting with
connecting, or enabling the connection
of retail broadband systems that serve
rural areas within the proposed service
territory to the middle mile
infrastructure project in an affordable
and economically competitive manner;
``(II) leasing or selling sufficient
capacity prior to project approval; and
``(III) complying with any other
requirements imposed by the Secretary.
``(B) Additional end user broadband programs.--
Entities that receive assistance to construct, improve,
or acquire middle mile infrastructure under this section
shall be eligible to apply for additional funds under
this title to provide for retail broadband service to
end users.
``(2) Eligible service territories.--The proceeds of
assistance provided under this section may be used to carry out
a project in a proposed service territory only if, as of the
date the application for assistance under this section is
submitted, there is not adequate middle mile infrastructure
available to support broadband service for eligible rural
communities that would be provided access to the middle mile
infrastructure.
``(3) Eligible projects.--A project shall be eligible for
assistance under this section if at the time of the
application--
``(A) at least 75 percent of the interconnection
points serve such eligible rural areas; and
``(B) the Secretary determines that the proposed
middle mile network will be capable of supporting retail
broadband service meeting the maximum broadband buildout
requirement established under section 601(e)(4) for the
residents within the proposed service territory.
[[Page 132 STAT. 4736]]
``(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.
[[Page 132 STAT. 4737]]
``(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. <<NOTE: 7 USC 950bb-3.>> 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.
[[Page 132 STAT. 4738]]
``(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
[[Page 132 STAT. 4739]]
``(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. <<NOTE: 7 USC 950bb-4.>> 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) <<NOTE: 7 USC 950bb-4 note.>> 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. <<NOTE: 7 USC 950bb-5.>> DEFAULT AND DEOBLIGATION;
DEFERRAL.
``(a) Default and Deobligation.--In addition to other authority
under applicable law, the Secretary shall establish written procedures
for all broadband programs so that, to the maximum extent practicable,
the programs are administered to--
``(1) recover funds from loan and grant defaults;
``(2) deobligate any awards, less allowable costs that
demonstrate an insufficient level of performance (including
metrics determined by the Secretary) or fraudulent spending, to
the extent funds with respect to the award are available in the
account relating to the program established by this title;
``(3) award those funds, on a competitive basis, to new or
existing applicants consistent with this title; and
``(4) minimize overlap among the programs.
[[Page 132 STAT. 4740]]
``(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. <<NOTE: 7 USC 950cc.>> 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
[[Page 132 STAT. 4741]]
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.--
[[Page 132 STAT. 4742]]
``(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;
[[Page 132 STAT. 4743]]
``(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. <<NOTE: 7 USC 950cc-1.>> 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. <<NOTE: 7 USC 950cc-2.>> USE OF LOAN PROCEEDS TO
REFINANCE LOANS FOR DEPLOYMENT OF
BROADBAND SERVICE.
``Notwithstanding any other provision of this Act, the proceeds of
any loan made or guaranteed by the Secretary under this Act may be used
by the recipient of the loan for the purpose of refinancing an
outstanding obligation of the recipient on another telecommunications
loan made under this Act, or on any other loan if that loan would have
been for an eligible telecommunications purpose under this Act.''.
SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1981) is amended by adding at the end the following:
``(e)(1) Except as provided in paragraph (2), the Secretary may
allow a recipient of a grant, loan, or loan guarantee provided by the
Office of Rural Development under this title to use not more than 10
percent of the amount so provided--
``(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936; or
[[Page 132 STAT. 4744]]
``(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. <<NOTE: 7 USC 908.>> 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. <<NOTE: 7 USC 950bb-6.>> 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
[[Page 132 STAT. 4745]]
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.
[[Page 132 STAT. 4746]]
(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. <<NOTE: 7 USC 950bb note.>> 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;
[[Page 132 STAT. 4747]]
(Z) the National Economic Council; and
(AA) such other Federal agencies or entities as are
determined appropriate by the co-chairs.
(3) Co-chairs.--The following individuals, or their
designees, shall serve as co-chairs of the Working Group:
(A) The Administrator of the Rural Utilities
Service.
(B) The Assistant Secretary for Communications and
Information.
(C) The Director of the National Economic Council.
(D) The Director of the Office of Science and
Technology Policy.
(4) Consultation; coordination.--The Working Group shall
consult, as appropriate, with other relevant agencies, including
the Federal Communications Commission. The Working Group shall
coordinate with existing Federal working groups and committees
involved with broadband.
(5) Membership changes.--The Director of the National
Economic Council and the Director of the Office of Science and
Technology Policy shall review, on a periodic basis, the
membership of the Working Group to ensure that the Working
Group--
(A) includes necessary Federal Government entities;
and
(B) is an effective mechanism for coordinating among
agencies on the policy described in subsection (b).
(b) Functions of Working Group.--
(1) Consultation.--The Working Group shall consult with
State, local, Tribal, and territorial governments,
telecommunications companies, utilities, trade associations,
philanthropic entities, policy experts, and other interested
parties to identify, assess, and determine possible actions
relating to barriers and opportunities for broadband deployment
in rural areas.
(2) Point of contact.--Not later than 15 days after the date
of enactment of this Act, each member of the Working Group
shall--
(A) designate a representative to serve as the main
point of contact for matters relating to the Working
Group; and
(B) notify the co-chairs of the Working Group of
that designee.
(3) Survey.--Not later than 60 days after the date of
enactment of this Act, based on information provided by the
members of the Working Group, the Working Group shall publish a
comprehensive survey of--
(A) Federal programs, including the allocated
funding amounts, that currently support or could
reasonably be modified to support broadband deployment
and adoption; and
(B) all Federal agency-specific policies and rules
with the direct or indirect effect of facilitating or
regulating investment in, or deployment of, wired and
wireless broadband networks.
(4) List of actions.--Not later than 120 days after the date
of enactment of this Act, the members of the Working Group shall
submit to the Working Group an initial list of actions that each
of the agencies could take to identify and
[[Page 132 STAT. 4748]]
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. <<NOTE: 7 USC 2671.>> 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
[[Page 132 STAT. 4749]]
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)--
[[Page 132 STAT. 4750]]
(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) <<NOTE: 40 USC 15501 note.>> 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;
[[Page 132 STAT. 4751]]
(ii) the compensation of--
(I) any State member of the
Commission (as described in section
15301(b)(1)(B) of title 40, United
States Code); or
(II) any State alternate member of
the Commission (as described in section
15301(b)(2)(B) of title 40, United
States Code); or
(iii) the cost of supplanting existing State
programs.
(5) Annual work plan.--
(A) In general.--For each fiscal year, before
providing a grant under the program, each Commission
State shall provide to the Commission an annual work
plan that includes the proposed use of the grant.
(B) Approval.--No grant under the program shall be
provided to a Commission State unless the Commission has
approved the annual work plan of the State.
(6) Amount of grant.--
(A) In general.--The amount of a grant provided to a
Commission State under the program for a fiscal year
shall be based on the proportion that--
(i) the amount paid by the Commission State
(including any amounts paid on behalf of the
Commission State by a nonprofit organization) for
administrative expenses for the applicable fiscal
year (as determined under section 15304(c) of
title 40, United States Code); bears to
(ii) the amount paid by all Commission States
(including any amounts paid on behalf of a
Commission State by a nonprofit organization) for
administrative expenses for that fiscal year (as
determined under that section).
(B) Requirement.--To be eligible to receive a grant
under the program for a fiscal year, a Commission State
(or a nonprofit organization on behalf of the Commission
State) shall pay the amount of administrative expenses
of the Commission State for the applicable fiscal year
(as determined under section 15304(c) of title 40,
United States Code).
(C) Approval.--For each fiscal year, a grant
provided under the program shall be approved and made
available as part of the approval of the annual budget
of the Commission.
(7) Grant availability.--Funds from a grant under the
program shall be available only during the fiscal year for which
the grant is provided.
(8) Report.--Each fiscal year, each Commission State shall
submit to the Commission and make publicly available a report
that describes the use of the grant funds and the impact of the
program in the State.
(9) Funding.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2019 through 2023.
(B) Supplement, not supplant.--Funds made available
to carry out this subsection shall supplement and
[[Page 132 STAT. 4752]]
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) <<NOTE: 40 USC 15101 prec., 15301 prec., 15501 prec., 15701
prec.>> 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. <<NOTE: 7 USC 2204b-3.>> 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;
[[Page 132 STAT. 4753]]
(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.
[[Page 132 STAT. 4754]]
(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.
[[Page 132 STAT. 4755]]
(3) Required working groups.--The working groups specified
in this paragraph are each of the following:
(A) The rural smart communities working group.--
(i) Establishment.--The Council shall
establish a Rural Smart Communities Working Group.
(ii) Duties.--The Rural Smart Communities
Working Group shall--
(I) not later than 1 year after the
establishment of such Working Group,
submit to Congress a report describing
efforts of rural areas to integrate
smart technology into their communities
to solve challenges relating to
governance, economic development,
quality of life, or other relevant rural
issues, as determined by the Secretary;
and
(II) create, publish, and maintain a
resource guide designed to assist States
and other rural communities in
developing and implementing rural smart
community programs.
(iii) Smart community defined.--For the
purposes of this subparagraph, the term ``smart
community'' means a community that has the ability
to integrate multiple technological solutions, in
a secure fashion, to manage a community's assets,
including local government information systems,
schools, libraries, transportation systems,
hospitals, power plants, law enforcement, and
other community services with the goal of
promoting quality of life through the use of
technology in ways that improve the efficiency of
services and meet residents' needs.
(B) Jobs accelerator working group.--
(i) Establishment.--The Council shall
establish a Jobs Accelerator Working Group.
(ii) Goals.--The Jobs Accelerator Working
Group shall support rural jobs accelerators (as
defined in section 379I(a)(4) of the Consolidated
Farm and Rural Development Act)--
(I) to improve the ability of rural
communities to create high-wage jobs,
accelerate the formation of new
businesses with high-growth potential,
and strengthen regional economies,
including by helping to build capacity
in the applicable region to achieve
those goals; and
(II) to help rural communities
identify and maximize local assets and
connect to regional opportunities,
networks, and industry clusters that
demonstrate high growth potential.
(iii) Duties.--The Jobs Accelerator Working
Group shall--
(I) provide the public with
available information and technical
assistance on Federal resources relevant
to a project and region;
(II) establish a Federal support
team comprised of staff from
participating agencies in the working
group that shall provide coordinated and
dedicated support services to rural jobs
accelerators; and
[[Page 132 STAT. 4756]]
(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.
[[Page 132 STAT. 4757]]
``(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
[[Page 132 STAT. 4758]]
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''.
[[Page 132 STAT. 4759]]
SEC. 6406. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
(a) In General.--Section 306A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926a) is amended--
(1) in subsection (b)(1), by striking ``; and'' and
inserting the following: ``, particularly to projects to address
contamination that--
``(A) poses a threat to human health or the
environment; and
``(B) was caused by circumstances beyond the control
of the applicant for a grant, including circumstances
that occurred over a period of time; and'';
(2) in subsection (d)(1)(D), by inserting ``, other than
those covered above for not to exceed 120 days when a more
permanent solution is not feasible in a shorter time frame.
Where drinking water supplies are inadequate due to an event, as
determined by the Secretary, including drought, severe weather,
or contamination, the Secretary may provide potable water for an
additional period of time not to exceed an additional 120 days
in order to protect public health'' before the period;
(3) in subsection (e)(1)(B), by striking ``according to the
most recent decennial census of the United States'';
(4) in subsection (f)(1), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``3 nor
more than 5'' and inserting ``5 percent and not
more than 7''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Release.--
``(i) In general.--Funds reserved under
subparagraph (A) for a fiscal year shall be
reserved only until July 1 of the fiscal year.
``(ii) Exception.--Notwithstanding clause (i),
in response to an eligible community where the
drinking water supplies are inadequate, as
determined by the Secretary, due to an event,
including drought, severe weather, or
contamination, the Secretary may use funds
described in subparagraph (A) from July 1 through
September 30 each fiscal year to provide potable
water under this section in order to protect
public health.''; and
(B) in paragraph (2), by striking ``$35,000,000 for
each of fiscal years 2008 through 2018'' and inserting
``$50,000,000 for each of fiscal years 2019 through
2023''.
(b) Interagency Task Force on Rural Water Quality.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall coordinate
[[Page 132 STAT. 4760]]
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;
[[Page 132 STAT. 4761]]
(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
[[Page 132 STAT. 4762]]
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:
[[Page 132 STAT. 4763]]
``(e) Limitation on Loan Amounts.--The maximum amount of a loan by
an eligible entity described in subsection (b) to individuals and
entities for a project under subsection (c), including the unpaid
balance of any existing loans, shall be the lesser of--
``(1) $400,000; and
``(2) 50 percent of the loan to the eligible entity under
subsection (a).
``(f) Applications.--
``(1) In general.--To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described in
subsection (b) shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Evaluation.--In evaluating applications submitted
under paragraph (1), the Secretary shall--
``(A)(i) take into consideration the previous
performance of an eligible entity in carrying out
projects under subsection (c); and
``(ii) in the case of satisfactory performance under
clause (i), require the eligible entity to contribute
less equity for subsequent loans without modifying the
priority given to subsequent applications; and
``(B) in assigning priorities to applications,
require an eligible entity to demonstrate that it has a
governing or advisory board made up of business, civic,
and community leaders who are representative of the
communities of the service area, without limitation to
the size of the service area.
``(g) Return of Equity.--The Secretary shall establish a schedule
that is consistent with the amortization schedules of the portfolio of
loans made or guaranteed under subsection (a) for the return of any
equity contribution made under this section by an eligible entity
described in subsection (b), if the eligible entity is--
``(1) current on all principal and interest payments; and
``(2) in compliance with loan covenants.
``(h) Regulations.--The Secretary shall promulgate regulations and
establish procedures reducing the administrative requirements on
eligible entities described in subsection (b), including regulations to
carry out the amendments made to this section by the Agriculture
Improvement Act of 2018.''; and
(3) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS
IN CERTAIN RURAL HOUSING PROGRAMS.
Section 331 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981), as amended by section 6210(a) of this Act, is amended by
adding at the end the following:
``(f) Access to Information to Verify Income for Participants in
Certain Rural Housing Programs.--The Secretary and the designees of the
Secretary are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453 of the Social Security Act
(42 U.S.C. 653) and section 6103(l)(7)(D)(ix) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to verify income for
individuals participating in
[[Page 132 STAT. 4764]]
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. <<NOTE: 7 USC 2008c.>> 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.''.
[[Page 132 STAT. 4765]]
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. <<NOTE: 7 USC 2008w.>> 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));
[[Page 132 STAT. 4766]]
``(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.
[[Page 132 STAT. 4767]]
``(3) High-wage job.--The term `high-wage job' means a job
that provides a wage that is greater than the median wage for
the applicable region, as determined by the Secretary.
``(4) Jobs accelerator.--The term `jobs accelerator' means a
jobs accelerator center or program located in or serving a low-
income rural community that may provide co-working space, in-
demand skills training, entrepreneurship support, and any other
services described in subsection (d)(1)(B).
``(5) Small and disadvantaged business.--The term `small and
disadvantaged business' has the meaning given the term `small
business concern owned and controlled by socially and
economically disadvantaged individuals' in section 8(d)(3)(C) of
the Small Business Act (15 U.S.C. 637(d)(3)(C)).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants, on a
competitive basis, to eligible entities to establish jobs
accelerators, including related programming, that--
``(A) improve the ability of distressed rural
communities to create high-wage jobs, accelerate the
formation of new businesses with high-growth potential,
and strengthen regional economies, including by helping
to build capacity in the applicable region to achieve
those goals; and
``(B) help rural communities identify and maximize
local assets and connect to regional opportunities,
networks, and industry clusters that demonstrate high
growth potential.
``(2) Cost-sharing.--
``(A) In general.--The Federal share of the cost of
any activity carried out using a grant made under
paragraph (1) shall be not greater than 80 percent.
``(B) In-kind contributions.--The non-Federal share
of the total cost of any activity carried out using a
grant made under paragraph (1) may be in the form of
donations or in-kind contributions of goods or services
fairly valued.
``(3) Selection criteria.--In selecting eligible entities to
receive grants under paragraph (1), the Secretary shall
consider--
``(A) the commitment of participating core
stakeholders in the jobs accelerator partnership,
including a demonstration that--
``(i) investment organizations, including
venture development organizations, venture capital
firms, revolving loan funders, angel investment
groups, community lenders, community development
financial institutions, rural business investment
companies, small business investment companies (as
defined in section 103 of the Small Business
Investment Act of 1958 (15 U.S.C. 662)),
philanthropic organizations, and other
institutions focused on expanding access to
capital, are committed partners in the jobs
accelerator partnership and willing to potentially
invest in projects emerging from the jobs
accelerator; and
``(ii) institutions of higher education,
applied research institutions, workforce
development entities, and community-based
organizations are willing to partner with the jobs
accelerator to provide workers
[[Page 132 STAT. 4768]]
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;
[[Page 132 STAT. 4769]]
``(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;
[[Page 132 STAT. 4770]]
``(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''.
[[Page 132 STAT. 4771]]
(d) Fees.--Section 384G of such Act (7 U.S.C. 2009cc-6) is amended--
(1) in subsections (a) and (b), by striking ``a fee that
does not exceed $500'' each place it appears and inserting
``such fees as the Secretary considers appropriate, so long as
those fees are proportionally equal for each rural business
investment company,''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``solely to
cover the costs of licensing examinations'' and
inserting ``as the Secretary considers appropriate'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) shall be in such amounts as the Secretary
considers appropriate.''.
(e) Limitation on Rural Business Investment Companies Controlled by
Farm Credit System Institutions.--Section 384J(c) of such Act (7 U.S.C.
2009cc-9(c)) is amended by striking ``25'' and inserting ``50''.
(f) Flexibility on Sources of Investment or Capital.--Section
384J(a) of such Act (7 U.S.C. 2009cc-9(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) by striking the subsection designation and heading and
all that follows through ``Except as'' in the matter preceding
subparagraph (A) (as so redesignated) and inserting the
following:
``(a) Investment.--
``(1) In general.--Except as''; and
(3) by adding at the end the following:
``(2) Limitation on requirements.--The Secretary may not
require that an entity described in paragraph (1) provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment
company under section 384D(a).''.
SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``2018'' and inserting
``2023''.
Subtitle E--Additional Amendments to the Rural Electrification Act of
1936
SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL ELECTRIFICATION
ACT OF 1936.
(a) Electric Loan Refinancing.--Section 2(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking
``loans in'' and inserting ``loans, or refinance loans made by the
Secretary under this Act, in''.
(b) Technical Assistance for Rural Electrification Loans.--Section 2
of such Act (7 U.S.C. 902) is amended by adding at the end the
following:
``(c) Technical Assistance.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall enter into a
memorandum of understanding with the Secretary of Energy
[[Page 132 STAT. 4772]]
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.
[[Page 132 STAT. 4773]]
``(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. <<NOTE: 7 USC 940c-2.>> 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
[[Page 132 STAT. 4774]]
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) <<NOTE: 7 USC 940c-2 note.>> 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
[[Page 132 STAT. 4775]]
``(iii) through a combination of the methods
described in clauses (i) and (ii).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking
``electrification'' and all that follows through the
period at the end and inserting ``purposes described in
subsection (a)(1).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), by striking ``for
electrification or telephone purposes'' and
inserting ``for eligible purposes described in
subsection (a)(1)''; and
(ii) in subparagraph (C), by striking
``subsection (a)'' and inserting ``subsection
(a)(1)''; and
(3) in subsection (f), by striking ``2018'' and inserting
``2023''.
(b) <<NOTE: 7 USC 940c-1 note.>> 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. <<NOTE: 7 USC 940i.>> 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).
[[Page 132 STAT. 4776]]
(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) <<NOTE: 7 USC 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.
[[Page 132 STAT. 4777]]
(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 <<NOTE: 47 USC 1101 and note, 1102-
1110.>> 1001 through 1007 and 1009 through 1012; and
(3) by redesignating section 1008 as section 1001.
[[Page 132 STAT. 4778]]
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) <<NOTE: 7 USC 1926 note.>> 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) <<NOTE: 7 USC 1929a note.>> 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) <<NOTE: 7 USC 1932 note.>> 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) <<NOTE: 7 USC 2009d note.>> 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) <<NOTE: 7 USC 2009aa note.>> 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).
[[Page 132 STAT. 4779]]
(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving clause
(iv) 2 ems to the right.
(h) Section 383G(c) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009bb-5(c)) is amended--
(1) in the subsection heading by striking
``Telecommunication Renewable Energy,,'' and inserting
``Telecommunication, Renewable Energy,''; and
(2) in the text, by striking ``,,'' and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION ACT
OF 1936.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922)
is amended--
(1) in the 3rd sentence by striking ``wildest'' and
inserting ``widest''; and
(2) in the 6th sentence, by striking ``centifies'' and
inserting ``certifies''.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) support international collaboration that leverages
resources and advances priority food and agricultural interests
of the United States, such as--
``(A) addressing emerging plant and animal diseases;
``(B) improving crop varieties and animal breeds;
and
``(C) developing safe, efficient, and nutritious
food systems.''.
SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) In General.--Section 1404(14) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14))
is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Definition.--The terms `NLGCA
Institution' and `non-land-grant college of
agriculture' mean a public college or university
offering a baccalaureate or higher degree in the
study of agricultural sciences, forestry, or both
in any area of study specified in clause (ii).
[[Page 132 STAT. 4780]]
``(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;
[[Page 132 STAT. 4781]]
(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) <<NOTE: 7 USC 3103 note.>> 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.).
[[Page 132 STAT. 4782]]
``(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
[[Page 132 STAT. 4783]]
(3) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) is
amended--
(1) in subparagraph (A), by striking ``speciality'' and
inserting ``specialty'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``9'' and inserting ``11''; and
(B) in clause (i), by striking ``Three'' and
inserting ``Five''; and
(3) in subparagraph (D), by striking ``2018'' and inserting
``2023''.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended by
striking section <<NOTE: 7 USC 3123b.>> 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''.
[[Page 132 STAT. 4784]]
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. <<NOTE: 7 USC 3158.>> 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. <<NOTE: 7 USC 3159.>> 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.).
[[Page 132 STAT. 4785]]
``(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.'';
[[Page 132 STAT. 4786]]
(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
[[Page 132 STAT. 4787]]
this section is insufficient to provide
for the minimum additional funding
amounts described in clause (i).
``(II) Reductions in allocations.--
In the case of a fiscal year to which
this clause applies, reductions in
allocations shall be made proportionally
from the qualified eligible institution
and from each other eligible institution
based on the increased amounts (if any)
that the qualified eligible institution
and each other eligible institution were
allocated for the covered fiscal year as
compared to the fiscal year immediately
preceding the covered fiscal year.
``(iii) Effect of census.--Clauses (i) and
(ii) shall not apply in any fiscal year for which
a shortfall in the minimum additional funding
amounts described in clause (i) is attributable to
the incorporation of new census data into the
calculation under paragraph (3), as determined by
the Secretary.''.
(b) Research.--Section 1445(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(b))
is amended--
(1) in paragraph (2)--
(A) by adding at the end the following:
``(D) Special amounts.--
``(i) Definitions.--In this subparagraph:
``(I) Covered fiscal year.--The term
`covered fiscal year' means the fiscal
year for which the qualified eligible
institution first received an allocation
of $3,000,000 under clause (ii)(I).
``(II) Other eligible institution.--
The term `other eligible institution'
means an eligible institution, other
than the qualified eligible institution,
receiving an allocation of funds under
this section.
``(III) Qualified eligible
institution.--The term `qualified
eligible institution' means the eligible
institution described in clause (ii)(I).
``(ii) Fiscal year 2019, 2020, 2021, or
2022.--
``(I) In general.--Subject to
subclause (II), for 1 of fiscal year
2019, 2020, 2021, or 2022, if the
calculation under subparagraph (C) would
result in a distribution for a fiscal
year of less than $3,000,000 to an
eligible institution that first received
funds under this section on a date
occurring after the date of enactment of
the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 649) and before
September 30, 2018, that institution
shall receive an allocation of
$3,000,000 for that fiscal year.
``(II) Limitation.--Subclause (I)
shall apply only if amounts are
appropriated under this section in an
amount sufficient to provide that each
other eligible institution receiving an
allocation of funds under this section
for fiscal year 2019, 2020, 2021, or
2022, as applicable, receives not less
than the amount of funds received by
that other eligible
[[Page 132 STAT. 4788]]
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.--
[[Page 132 STAT. 4789]]
``(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. <<NOTE: 7 USC 2207d.>> 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. <<NOTE: 7 USC 3222a.>> 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.
[[Page 132 STAT. 4790]]
``(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:
[[Page 132 STAT. 4791]]
``SEC. 1450. <<NOTE: 7 USC 3222e.>> NEW BEGINNING FOR TRIBAL
STUDENTS.
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)).
``(2) Land-grant college or university.--The term `land-
grant college or university' includes a 1994 Institution (as
defined in section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note)).
``(3) Tribal student.--The term `Tribal student' means a
student at a land-grant college or university that is a member
of an Indian tribe.
``(b) New Beginning Initiative.--
``(1) Authorization.--The Secretary may make competitive
grants to land-grant colleges and universities to provide
identifiable support specifically targeted for Tribal students.
``(2) Application.--A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(3) Use of funds.--A land-grant college or university that
receives a grant under this section shall use the grant funds to
support Tribal students through--
``(A) recruiting;
``(B) tuition and related fees;
``(C) experiential learning; and
``(D) student services, including--
``(i) tutoring;
``(ii) counseling;
``(iii) academic advising; and
``(iv) other student services that would
increase the retention and graduation rate of
Tribal students enrolled at the land-grant college
or university, as determined by the Secretary.
``(4) Matching funds.--A land-grant college or university
that receives a grant under this section shall provide matching
funds toward the cost of carrying out the activities described
in this section in an amount equal to not less than 100 percent
of the grant award.
``(5) Maximum amount per state.--No State shall receive,
through grants made under this section to land-grant colleges
and universities located in the State, more than $500,000 per
year.
``(c) Report.--Not later than 3 years after the date of enactment of
this section, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Indian Affairs of the
Senate a report that includes an itemized list of grant funds
distributed under this section, including the specific form of
assistance provided under subsection (b)(3), and the number of Tribal
students assisted and the graduation rate of Tribal students at land-
grant colleges and universities receiving grants under this section.
[[Page 132 STAT. 4792]]
``(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. <<NOTE: 7 USC 3292.>> 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;
[[Page 132 STAT. 4793]]
``(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;
[[Page 132 STAT. 4794]]
``(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. <<NOTE: 7 USC 3310a.>> 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.
[[Page 132 STAT. 4795]]
``(c) Prohibition on Charge or Equipment as Indirect Costs.--The
cost of acquisition or depreciation of equipment purchased with a grant
under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an eligible
institution.
``(d) Eligible Institutions Defined.--In this section, the term
`eligible institution' means--
``(1) a college or university; or
``(2) a State cooperative institution.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7127. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking
``2018'' each place it appears in subsections (a) and (b) and inserting
``2023''.
SEC. 7128. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
Section 1473D of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``crops,'' and inserting ``crops
(including canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational purposes
and as a habitat for honey bees and other pollinators''
after ``alternative crops''; and
(B) by striking ``commodities whose'' and all that
follows through the period at the end and inserting
``commodities.'';
(3) in subsection (c)(3)(E), by inserting ``(including hemp
(as defined in section 297A of the Agricultural Marketing Act of
1946))'' after ``material''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) $2,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended--
(1) in subsection (b)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
[[Page 132 STAT. 4796]]
``(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. <<NOTE: 7 USC 3319k.>> 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
[[Page 132 STAT. 4797]]
``(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.--
[[Page 132 STAT. 4798]]
``(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
[[Page 132 STAT. 4799]]
paragraph (4)(E), the Secretary shall give priority to projects
that accelerate the advanced research and development of
qualified products and projects that--
``(A) address critical research and development
needs for technology for specialty crops; or
``(B) prevent, protect, and prepare against
intentional and unintentional threats to agriculture and
food.
``(6) Other transaction authorities.--
``(A) In general.--In carrying out the pilot program
under this section, the Secretary shall have the
authority to enter into other transactions in the same
manner and subject to the same terms and conditions as
transactions that the Secretary of Defense may enter
into under section 2371 of title 10, United States Code.
``(B) Scope.--The authority of the Secretary to
enter into contracts, cooperative agreements, and other
transactions under this subsection shall be in addition
to the authorities under this Act and title I of the
Department of Agriculture and Related Agencies
Appropriation Act, 1964 (7 U.S.C. 3318a), to use
contracts, cooperative agreements, and grants in
carrying out the pilot program under this section.
``(C) Guidelines.--The Secretary shall establish
guidelines regarding the use of the authority under
subparagraph (A).
``(D) Technology transfer.--In entering into other
transactions, the Secretary may negotiate terms for
technology transfer in the same manner as a Federal
laboratory under paragraphs (1) through (4) of section
12(b) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(b)).
``(7) Availability of data.--
``(A) In general.--The Secretary shall require that,
as a condition of being awarded a contract or grant or
entering into a cooperative agreement or other
transaction under paragraph (4)(E), a person shall make
available to the Secretary on an ongoing basis, and
submit to the Secretary on request of the Secretary, all
data relating to or resulting from the activities
carried out by the person pursuant to this section.
``(B) Exemption from disclosure.--
``(i) In general.--This subparagraph shall be
considered a statute described in section
552(b)(3)(B) of title 5, United States Code.
``(ii) Exemption.--The following information
shall be exempt from disclosure under section 552
of title 5, United States Code, and withheld from
the public:
``(I) Specific technical data or
scientific information that is created
or obtained under this section that
reveals significant and not otherwise
publicly known vulnerabilities of
existing agriculture and food defenses
against biological, chemical, nuclear,
or radiological threats.
``(II) Trade secrets or commercial
or financial information that is
privileged or confidential (within the
meaning of section 552(b)(4) of title 5,
United States Code) and obtained in the
conduct
[[Page 132 STAT. 4800]]
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
[[Page 132 STAT. 4801]]
(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.
[[Page 132 STAT. 4802]]
``(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''.
[[Page 132 STAT. 4803]]
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5814) is amended in the first sentence by striking
``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND
TRANSFER PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR COLLECTION
ASSESSMENT AND UTILIZATION PLAN.
(a) In General.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop and implement a national strategic germplasm
and cultivar collection assessment and utilization plan that
takes into consideration the resources and research necessary to
address the significant backlog of characterization and
maintenance of existing accessions considered to be critical to
preserve the viability of, and public access to, germplasm and
cultivars; and''.
(b) Plan Publication.--Section 1633 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended by adding
at the end the following:
``(f) Plan Publication.--On completion of the development of the
plan described in section 1632(d)(6), the Secretary shall make the plan
available to the public.''.
SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Advisory Council.--Section 1634 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``The
Secretary'' and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence of paragraph (1) (as so
designated), by striking ``The advisory'' and inserting
the following:
``(2) Membership.--The advisory'';
[[Page 132 STAT. 4804]]
(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''.
[[Page 132 STAT. 4805]]
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.'';
[[Page 132 STAT. 4806]]
(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.
[[Page 132 STAT. 4807]]
``(12) National turfgrass research initiative.--Research and
extension grants may be made under this section for the purposes
of--
``(A) carrying out or enhancing research related to
turfgrass and sod issues;
``(B) enhancing production and uses of turfgrass for
the general public;
``(C) identifying new turfgrass varieties with
superior drought, heat, cold, and pest tolerance to
reduce water, fertilizer, and pesticide use;
``(D) selecting genetically superior turfgrasses and
developing improved technologies for managing
commercial, residential, and recreational turfgrass
areas;
``(E) producing turfgrasses that--
``(i) aid in mitigating soil erosion;
``(ii) protect against pollutant runoff into
waterways; or
``(iii) provide other environmental benefits;
``(F) investigating, preserving, and protecting
native plant species, including grasses not currently
utilized in turfgrass systems;
``(G) creating systems for more economical and
viable turfgrass seed and sod production throughout the
United States; and
``(H) investigating the turfgrass phytobiome and
developing biologic products to enhance soil, enrich
plants, and mitigate pests.
``(13) Fertilizer management initiative.--
``(A) In general.--Research and extension grants may
be made under this section for the purpose of carrying
out research to improve fertilizer use efficiency in
crops--
``(i) to maximize crop yield; and
``(ii) to minimize nutrient losses to surface
and groundwater and the atmosphere.
``(B) Priority.--In awarding grants under
subparagraph (A), the Secretary shall give priority to
research examining the impact of the source, rate,
timing, and placement of plant nutrients.
``(14) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever
ticks--
``(A) to facilitate the understanding of the role of
wildlife in the persistence and spread of cattle fever
ticks;
``(B) to develop advanced methods for eradication of
cattle fever ticks, including--
``(i) alternative treatment methods for cattle
and other susceptible species;
``(ii) field treatment for premises, including
corral pens and pasture loafing areas;
``(iii) methods for treatment and control on
infested wildlife;
``(iv) biological control agents; and
``(v) new and improved vaccines;
``(C) to evaluate rangeland vegetation that impacts
the survival of cattle fever ticks;
[[Page 132 STAT. 4808]]
``(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
[[Page 132 STAT. 4809]]
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
[[Page 132 STAT. 4810]]
``(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''.
[[Page 132 STAT. 4811]]
SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``using funds made available
under subsection (e),'' after ``Board,''; and
(ii) by inserting ``in each of fiscal years
2019 through 2023'' after ``grants''; and
(B) in paragraph (7), by inserting ``, soil
health,'' after ``conservation''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraphs:
``(D) $20,000,000 for each of fiscal years 2019
through 2020;
``(E) $25,000,000 for fiscal year 2021;
``(F) $30,000,000 for fiscal year 2022; and
``(G) $50,000,000 for fiscal year 2023 and each
fiscal year thereafter.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``for fiscal years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting
``2023''.
SEC. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may make competitive research and
extension grants for the purpose of improving the farm management
knowledge and skills of agricultural producers by maintaining and
expanding a national, publicly available farm financial management
database to support improved farm management.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and producer''
and inserting ``educational programs and''; and
(B) in paragraph (4), by striking ``use and
support'' and inserting ``contribute data to''; and
(3) in subsection (d)(2), by striking ``2018'' and inserting
``2023''.
SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND
EXTENSION INITIATIVE.
(a) In General.--The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended by inserting after section 1672D (7 U.S.C. 5925f) the
following:
[[Page 132 STAT. 4812]]
``SEC. 1672E. <<NOTE: 7 USC 5925g.>> URBAN, INDOOR, AND OTHER
EMERGING AGRICULTURAL PRODUCTION
RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
``(a) Competitive Research and Extension Grants Authorized.--In
consultation with the Urban Agriculture and Innovative Production
Advisory Committee established under section 222(b) of the Department of
Agriculture Reorganization Act of 1994, the Secretary may make
competitive grants to support research, education, and extension
activities for the purposes of facilitating the development of urban,
indoor, and other emerging agricultural production, harvesting,
transportation, aggregation, packaging, distribution, and markets,
including by--
``(1) assessing and developing strategies to remediate
contaminated sites;
``(2) determining and developing the best production
management and integrated pest management practices;
``(3) identifying and promoting the horticultural, social,
and economic factors that contribute to successful urban,
indoor, and other emerging agricultural production;
``(4) analyzing the means by which new agricultural sites
are determined, including an evaluation of soil quality,
condition of a building, or local community needs;
``(5) exploring new technologies that minimize energy,
lighting systems, water, and other inputs for increased food
production;
``(6) examining building material efficiencies and
structural upgrades for the purpose of optimizing growth of
agricultural products;
``(7) developing new crop varieties and agricultural
products to connect to new markets; or
``(8) examining the impacts of crop exposure to urban
elements on environmental quality and food safety.
``(b) Grant Types and Process.--Subparagraphs (A) through (E) of
paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b) of
the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
3157) shall apply with respect to the making of grants under this
section.
``(c) Priority.--The Secretary may give priority to grant proposals
that involve--
``(1) the cooperation of multiple entities; or
``(2) States or regions with a high concentration of or
significant interest in urban farms, rooftop farms, and indoor
production facilities.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $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
[[Page 132 STAT. 4813]]
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
[[Page 132 STAT. 4814]]
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''.
[[Page 132 STAT. 4815]]
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE
PROGRAM.
(a) Ending Limitation on Funding.--Section 405(e)(3) of the
Agricultural Research, Extension, And Education Reform Act of 1998 (7
U.S.C. 7625(e)(3)) is amended to read as follows:
``(3) Term of grant.--A grant under this section shall have
a term that is not more than 3 years.''.
(b) National Food Safety Training, Education, Extension, Outreach,
and Technical Assistance Program.--Section 405(j) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(j))
is amended by striking ``there are authorized'' and all that follows
through the period at the end and inserting ``there is authorized to be
appropriated $10,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.
Section 408 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7628) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) $15,000,000 for each of fiscal years 2019 through
2023.''; and
(2) by adding at the end the following new subsection:
``(f) Limitation on Indirect Costs.--A recipient of a grant under
this section may not use more than 10 percent of the funds provided by
the grant for the indirect costs of carrying out the initiatives
described in subsection (a).''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Industry Needs.--Section 412(b) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(b)) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the
following:
[[Page 132 STAT. 4816]]
``(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''.
[[Page 132 STAT. 4817]]
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
[[Page 132 STAT. 4818]]
``(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
[[Page 132 STAT. 4819]]
``(v) other appropriate entities, as
determined by the Secretary;
``(B) a description of the challenges faced by
individuals who are engaged in farming, ranching, and
other occupations relating to agriculture that may
impact the behavioral and mental health of farmers and
ranchers;
``(C) a description of how the Department of
Agriculture can improve coordination and cooperation
with Federal health departments and agencies, including
the Department of Health and Human Services, the
Substance Abuse and Mental Health Services
Administration, the Health Resources and Services
Administration, the Centers for Disease Control and
Prevention, and the National Institutes of Health, to
best address the behavioral and mental health of
individuals who are engaged in farming, ranching, and
other occupations relating to agriculture;
``(D) a long-term strategy for responding to the
challenges described under subparagraph (B) and
recommendations based on best practices for further
action to be carried out by appropriate Federal
departments or agencies to improve Federal Government
response and seek to prevent suicide among individuals
who are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(E) an evaluation of the impact that behavioral
and mental health challenges and outcomes (including
suicide) among individuals who are engaged in farming,
ranching, and other agriculture related occupations have
on--
``(i) the agricultural workforce;
``(ii) agricultural production;
``(iii) rural families and communities; and
``(iv) succession planning.
``(f) State Defined.--For purposes of this section, the term `State'
has the meaning given such term in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103).''.
SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5937(e)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7414. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8114(g)) is amended by striking ``2018'' and inserting ``2023''.
Subtitle E--Amendments to Other Laws
SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
(a) Hemp Research.--Section 5(b)(9) of the Critical Agricultural
Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting ``, and
including hemp (as defined in section 297A of the Agricultural Marketing
Act of 1946)'' after ``hydrocarbon-containing plants''.
(b) Authorization of Appropriations.--Section 16(a)(2) of the
Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is amended by
striking ``2018'' and inserting ``2023''.
[[Page 132 STAT. 4820]]
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) <<NOTE: 7 USC 301 note.>> 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''
[[Page 132 STAT. 4821]]
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. <<NOTE: 7 USC 390b.>> 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:
[[Page 132 STAT. 4822]]
``(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
[[Page 132 STAT. 4823]]
``(B) to demonstrate, by incorporating analytics and
specific metrics, the value, impact, and return on the
Federal investment of a prototype system designed under
subparagraph (A) as a model for use by other eligible
entities described in paragraph (3) for improving,
modernizing, and adapting applied research,
demonstration, and extension services.
``(3) Eligible entities.--An entity that is eligible to
receive a grant under paragraph (2) is--
``(A) a State agricultural experiment station (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103));
``(B) a cooperative extension service (as defined in
such section); and
``(C) a land-grant college or university (as defined
in such section) .
``(4) Requirement.--The Secretary shall award grants under
paragraph (2) to not fewer than 2 and not more than 5 eligible
entities described in paragraph (3) that represent a diversity
of regions, commodities, and agricultural or food production
issues.
``(5) Term.--The term of a grant awarded under paragraph (2)
shall be not longer than 5 years.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2019 through 2023, to remain available
until expended.''.
(b) Technical and Conforming Amendments.--The Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 3157) is amended--
(1) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``subsection--'' and all that
follows through ``for the planning'' in subparagraph (B) and
inserting ``subsection for the planning''; and
(2) in subsection (h), by inserting ``, (d),'' after
``subsections (b)''.
SEC. 7506. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH SERVICE.
Section 7404 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3101 note; Public Law 107-171) is repealed.
SEC. 7507. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8108) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) carbon dioxide that--
``(i) is intended for permanent sequestration
or utilization; and
``(ii) is a byproduct of the production of the
products described in subparagraphs (A) and
(B).'';
(2) in subsection (d)(2)(A)--
(A) in clause (xii), by striking ``and'' at the end;
[[Page 132 STAT. 4824]]
(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''.
[[Page 132 STAT. 4825]]
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--
[[Page 132 STAT. 4826]]
(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);'';
[[Page 132 STAT. 4827]]
(III) in item (bb), by striking the
period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(cc) a description of
available agricultural research
programs and priorities for the
upcoming fiscal year.''; and
(ii) by adding at the end the following:
``(iii) Stakeholder notice.--The Foundation
shall publish an annual notice with a description
of agricultural research priorities under this
section for the upcoming fiscal year, including--
``(I) a schedule for funding
competitions;
``(II) a discussion of how
applications for funding will be
evaluated; and
``(III) how the Foundation will
communicate information about funded
awards to the public to ensure that
grantees and partners understand the
objectives of the Foundation.
``(iv) Strategic plan.--Not later than 1 year
after the date of enactment of the Agriculture
Improvement Act of 2018, the Foundation shall
submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
a strategic plan describing a path for the
Foundation to become self-sustaining, including--
``(I) a forecast of major
agricultural challenge opportunities
identified by the scientific advisory
councils of the Foundation and approved
by the Board, including short- and long-
term objectives;
``(II) an overview of the efforts
that the Foundation will take to be
transparent in each of the processes of
the Foundation, including--
``(aa) processes relating to
grant awards, including the
selection, review, and
notification processes;
``(bb) communication of
past, current, and future
research priorities; and
``(cc) plans to solicit and
respond to public input on the
opportunities identified in the
strategic plan;
``(III) a description of financial
goals and benchmarks for the next 10
years, including a detailed plan for--
``(aa) raising funds in
amounts greater than the amounts
required under subsection
(g)(1)(B);
``(bb) soliciting additional
resources pursuant to
subsections (e)(4)(A)(iv) and
(f)(2)(A)(iii); and
``(cc) managing and
leveraging such resources
pursuant to subsection
(f)(2)(A)(vii); and
``(IV) other related issues, as
determined by the Board.''; and
(4) in subsection (g)(1)--
[[Page 132 STAT. 4828]]
(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.'';
[[Page 132 STAT. 4829]]
(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) <<NOTE: 7 USC 5940 note.>> 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
[[Page 132 STAT. 4830]]
(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. <<NOTE: 7 USC 7632 note.>> 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'';
[[Page 132 STAT. 4831]]
(ii) by striking ``(in this section referred
to as the `ACES Program')'' and inserting
``(referred to in this section as the
`program')''; and
(iii) by striking ``provide technical'' and
inserting the following: ``provide--
``(1) technical''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``Secretary. Such technical
services may include'' and inserting ``Secretary,
including'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(2) technical, professional, and administrative services
to support the research, education, and economics mission area
of the Department of Agriculture (including the Agricultural
Research Service, the Economic Research Service, the National
Agricultural Library, the National Agricultural Statistics
Service, the Office of the Chief Scientist, and the National
Institute of Food and Agriculture), including--
``(A) supporting agricultural research and
information;
``(B) advancing scientific knowledge relating to
agriculture;
``(C) enhancing access to agricultural information;
``(D) providing statistical information and research
results to farmers, ranchers, agribusiness, and public
officials; and
``(E) assisting research, education, and extension
programs in land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).'';
(3) by striking ``ACES'' each place it appears;
(4) by striking ``technical services'' each place it appears
(other than in subsection (a)) and inserting ``technical,
professional, or administrative services, as applicable,''; and
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph heading and
inserting ``Conservation technical services.--'';
and
(ii) by inserting ``with respect to subsection
(a)(1),'' before ``the Secretary''; and
(B) by adding at the end the following new
paragraph:
``(3) Research, education, and economics services.--With
respect to services referred to in subsection (a)(2), the
Secretary may carry out the program under the mission area
referred to in such subsection to the extent that funds are
specifically appropriated to provide such services under such
mission area.''.
SEC. 7612. SIMPLIFIED PLAN OF WORK.
(a) Smith-Lever Act.--The Smith-Lever Act is amended--
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4(c) (7 U.S.C. 344(c)), by striking
paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) A summary of planned projects or programs in the State
using formula funds.
[[Page 132 STAT. 4832]]
``(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. <<NOTE: 7 USC 343 note.>> 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)--
[[Page 132 STAT. 4833]]
(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.''.
[[Page 132 STAT. 4834]]
(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:
[[Page 132 STAT. 4835]]
``(1) In general.--The Secretary of Agriculture'';
(ii) in paragraph (1) (as so designated), in
the second sentence, by striking ``The Secretary
shall'' and inserting the following:
``(3) Consultation.--The Secretary shall''; and
(iii) by inserting after paragraph (1) the
following:
``(2) Matching funds requirement.--
``(A) In general.--Subject to subparagraph (C), an
entity receiving a grant under paragraph (1) shall
provide non-Federal matching funds (including funds from
an agricultural commodity promotion, research, and
information program) equal to not less than the amount
of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind
support.
``(C) Waiver.--The Secretary may waive the matching
funds requirement under subparagraph (A) with respect to
a research project if the Secretary determines that--
``(i) the results of the project are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities generally;
or
``(ii)(I) the project--
``(aa) involves a minor commodity;
and
``(bb) deals with scientifically
important research; and
``(II) the recipient is unable to satisfy the
matching funds requirement.''.
(D) Organic agriculture research and extension
initiative.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as
amended by section 7210) is amended--
(i) by redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f),
respectively; and
(ii) by inserting after subsection (b) the
following:
``(c) Matching Requirement.--
``(1) In general.--Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-Federal
matching funds (including funds from an agricultural commodity
promotion, research, and information program) equal to not less
than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds described
in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important
research; and
``(ii) the recipient is unable to satisfy the
matching funds requirement.''.
(3) Agricultural research, extension, and education reform
act of 1998.--
[[Page 132 STAT. 4836]]
(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:
[[Page 132 STAT. 4837]]
``(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) <<NOTE: 7 USC 3151 note.>> 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
[[Page 132 STAT. 4838]]
``(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--
[[Page 132 STAT. 4839]]
``(1) the Collaborative Forest Landscape Restoration Program
established under section 4003 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 19;
``(4) stewardship end result contracting projects authorized
under section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the
Secretary.
``(j) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines necessary to carry out this section.
``(k) Report.--Not later than 3 years after the date of enactment of
this section, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on--
``(1) the status of development, execution, and
administration of selected projects;
``(2) the accounting of program funding expenditures; and
``(3) specific accomplishments that have resulted from
landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury a
fund, to be known as the `State and Private Forest Landscape-
Scale Restoration Fund' (referred to in this subsection as the
`Fund'), to be used by the Secretary to make grants under this
section.
``(2) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000 for each fiscal year
beginning with the first full fiscal year after the date of
enactment of this subsection through fiscal year 2023, to remain
available until expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by
striking ``sections 13A and 13B'' and inserting ``section 13A''.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1649) is repealed.
[[Page 132 STAT. 4840]]
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).
[[Page 132 STAT. 4841]]
``(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. <<NOTE: 16 USC 6542.>> 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).
[[Page 132 STAT. 4842]]
``(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).
[[Page 132 STAT. 4843]]
``(2) Compliance.--The Secretary shall carry out forest
management activities under paragraph (1) in accordance with--
``(A) this Act;
``(B) the applicable water source management plan;
``(C) the applicable forest plan; and
``(D) other applicable laws.
``(f) Endangered Species Act of 1973.--In carrying out the Program,
the Secretary may use the Manual on Adaptive Management of the
Department of the Interior, including any associated guidance, to comply
with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(g) Funds and Services.--
``(1) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and other forms
of investment and assistance from non-Federal partners to
implement the water source management plan.
``(2) Matching funds required.--The Secretary shall require
the contribution of funds or in-kind support from non-Federal
partners to be in an amount that is at least equal to the amount
of Federal funds.
``(3) Manner of use.--The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
``(4) Water source protection fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water
Source Protection Fund to match funds or in-kind support
contributed by non-Federal partners under paragraph (1).
``(B) Use of appropriated funds.--There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.
``(C) Partnership agreements.--The Secretary may
make multiyear commitments, if necessary, to implement 1
or more partnership agreements under subsection (c).''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Water Source Protection Program.''.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) In General.--Title III of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) is amended
by adding at the end the following:
``SEC. 304. <<NOTE: 16 USC 6543.>> 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;
[[Page 132 STAT. 4844]]
``(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;
[[Page 132 STAT. 4845]]
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:
[[Page 132 STAT. 4846]]
``(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.''.
[[Page 132 STAT. 4847]]
(2) Extension of authority.--Section 602(d)(2) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF
TREATMENT AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591a) is amended by striking subsection (f).
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST
INVENTORY AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note;
Public Law 113-79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624) is amended by
striking ``annually'' and inserting ``for each of fiscal years 2019
through 2023''.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking ``2018'' and
inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the National
Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
amended by striking ``2016'' and inserting ``2023''.
Subtitle F--Forest Management
SEC. 8601. <<NOTE: 16 USC 580d note.>> 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:
[[Page 132 STAT. 4848]]
``SEC. 606. <<NOTE: 16 USC 6591e.>> 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;
[[Page 132 STAT. 4849]]
``(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--
[[Page 132 STAT. 4850]]
``(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
[[Page 132 STAT. 4851]]
title 43, Code of Federal Regulations (or successor
regulations), in determining whether to use the
categorical exclusion; and
``(D) consider--
``(i) the relative efficacy of landscape-scale
habitat projects;
``(ii) the likelihood of continued declines in
the populations of greater sage-grouse and mule
deer in the absence of landscape-scale vegetation
management; and
``(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
``(c) Implementation of Covered Vegetative Management Activities
Within the Range of Greater Sage-grouse and Mule Deer.--If the
categorical exclusion developed under subsection (b) is used to
implement a covered vegetative management activity in an area within the
range of both greater sage-grouse and mule deer, the covered vegetative
management activity shall protect, restore, or improve habitat
concurrently for both greater sage-grouse and mule deer.
``(d) Long-term Monitoring and Maintenance.--Before commencing any
covered vegetation management activity that is covered by the
categorical exclusion under subsection (b), the Secretary concerned
shall develop a long-term monitoring and maintenance plan, covering at
least the 20-year period beginning on the date of commencement, to
ensure that management of the treated area does not degrade the habitat
gains secured by the covered vegetation management activity.
``(e) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by the categorical
exclusion under subsection (b) may be--
``(1) used for--
``(A) fuel wood; or
``(B) other products; or
``(2) piled or burned, or both.
``(f) Treatment for Temporary Roads.--
``(1) In general.--Notwithstanding subsection (a)(1)(B)(xi),
any temporary road constructed in carrying out a covered
vegetation management activity that is covered by the
categorical exclusion under subsection (b)--
``(A) shall be used by the Secretary concerned for
the covered vegetation management activity for not more
than 2 years; and
``(B) shall be decommissioned by the Secretary
concerned not later than 3 years after the earlier of
the date on which--
``(i) the temporary road is no longer needed;
and
``(ii) the project is completed.
``(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
``(A) as soon as practicable; but
``(B) not later than 10 years after the date of
completion of the applicable covered vegetation
management activity.
``(g) Limitations.--
[[Page 132 STAT. 4852]]
``(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:
[[Page 132 STAT. 4853]]
``(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. <<NOTE: 16 USC 580d note.>> 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--
[[Page 132 STAT. 4854]]
(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--
[[Page 132 STAT. 4855]]
(i) to maximize the marketability of the
administrative site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or improvement.--
A facility or improvement on an administrative site to
be leased under this section may be severed from the
land and leased under a separate lease under this
section.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this section shall
provide to the Secretary consideration described in
subparagraph (B) in an amount that is not less than the
market value of the administrative site, as determined
in accordance with subparagraph (C).
(B) Form of consideration.--The consideration
referred to in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new
facilities or improvements, the title to
which shall be transferred by the lessee
to the Secretary;
(II) the maintenance, repair,
improvement, or restoration of existing
facilities or improvements; and
(III) other services relating to
activities that occur on the
administrative site, as determined by
the Secretary; or
(iii) any combination of the consideration
described in clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall determine
the market value of an administrative site to be
leased under this section--
(I) by conducting an appraisal in
accordance with--
(aa) the Uniform Appraisal
Standards for Federal Land
Acquisitions established in
accordance with the Uniform
Relocation Assistance and Real
Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et
seq.); and
(bb) the Uniform Standards
of Professional Appraisal
Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary
shall determine the market value of any in-kind
consideration under subparagraph (B)(ii).
(4) Conditions.--The lease of an administrative site under
this section shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(5) Right of first refusal.--Subject to terms and conditions
that the Secretary determines to be necessary, the Secretary
shall offer to lease an administrative site to the municipality
or county in which the administrative site is located before
seeking to lease the administrative site to any other person.
(f) Relation to Other Laws.--
[[Page 132 STAT. 4856]]
(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;
[[Page 132 STAT. 4857]]
(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
[[Page 132 STAT. 4858]]
``(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).
[[Page 132 STAT. 4859]]
(2) Land authorized for disposal.--
(A) In general.--The National Forest System land
referred to in paragraph (1) is the 30 tracts of land
totaling approximately 3,841 acres that are generally
depicted on the 2 maps entitled ``Priority Land
Adjustments, State of Georgia, U.S. Forest Service-
Southern Region, Oconee and Chattahoochee National
Forests, U.S. Congressional Districts-8, 9, 10 & 14''
and dated September 24, 2013.
(B) Maps.--The maps described in subparagraph (A)
shall be on file and available for public inspection in
the Office of the Forest Supervisor, Chattahoochee-
Oconee National Forest, until such time as the land is
sold or exchanged.
(C) Modification of boundaries.--The Secretary may
modify the boundaries of the National Forest System land
described in subparagraph (A) based on land management
considerations.
(3) Form of conveyance.--
(A) Quitclaim deed.--The Secretary shall convey
National Forest System land sold or exchanged under
paragraph (1) by quitclaim deed.
(B) Reservations.--The Secretary may reserve any
rights-of-way or other rights or interests in National
Forest System land sold or exchanged under paragraph (1)
that the Secretary considers necessary for management
purposes or to protect the public interest.
(4) Valuation.--
(A) Market value.--The Secretary may not sell or
exchange National Forest System land under paragraph (1)
for less than market value, as determined by appraisal
or through competitive bid.
(B) Appraisal requirements.--Any appraisal under
subparagraph (A) shall be--
(i) consistent with the Uniform Appraisal
Standards for Federal Land Acquisitions or the
Uniform Standards of Professional Appraisal
Practice; and
(ii) subject to the approval of the Secretary.
(5) Consideration.--
(A) Cash.--Consideration for a sale of National
Forest System land or equalization of an exchange under
paragraph (1) shall be paid in cash.
(B) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash
equalization payment in excess of 25 percent of the
value of any National Forest System land exchanged under
paragraph (1).
(6) Method of sale.--
(A) Options.--The Secretary may sell National Forest
System land under paragraph (1) at public or private
sale, including competitive sale by auction, bid, or
otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines are in the
best interest of the United States.
(B) Solicitations.--The Secretary may--
[[Page 132 STAT. 4860]]
(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) <<NOTE: 16 USC 1132 note.>> 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
[[Page 132 STAT. 4861]]
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.
[[Page 132 STAT. 4862]]
(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.--
[[Page 132 STAT. 4863]]
(A) In general.--In any conveyance of Federal land
under this section, the Secretary shall meet disclosure
requirements for hazardous substances, but shall
otherwise not be required to remediate or abate the
substances.
(B) Effect.--Except as provided in subparagraph (A),
nothing in this subsection affects the application of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to
the conveyances of Federal land.
(d) Proceeds From the Sale of Land.--The Secretary shall deposit the
proceeds of a conveyance of Federal land under subsection (c) in the
fund established under Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(e) Administration.--
(1) Costs.--As a condition of a conveyance of Federal land
to Collins Camp Properties under subsection (c), the Secretary
shall require Collins Camp Properties to pay at closing--
(A) reasonable appraisal costs; and
(B) the cost of any administrative and environmental
analyses required by law (including regulations).
(2) Permits.--
(A) In general.--An offer by Collins Camp Properties
for the acquisition of the Federal land under subsection
(c) shall be accompanied by a written statement from
each holder of a Forest Service special use
authorization with respect to the Federal land that
specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the
Federal land to Collins Camp Properties.
(B) Special use authorizations.--If any holder of a
special use authorization described in subparagraph (A)
fails to provide a written authorization in accordance
with that subparagraph, the Secretary shall require, as
a condition of the conveyance, that Collins Camp
Properties administer the special use authorization
according to the terms of the special use authorization
until the date on which the special use authorization
expires.
SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Findings.--Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of land
in Riverside, California, consisting of approximately 8.75
acres, more specifically described in subsection (b)(1) (in this
section referred to as the ``property'').
(2) The property is under the jurisdiction of the Department
of Agriculture and has been variously used for research and
plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service of the Department of
Agriculture.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources Conservation
Service and the Riverside Corona Resource Conservation District,
which is a legal subdivision of the State of California under
section 9003 of the California Public Resources Code.
[[Page 132 STAT. 4864]]
(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.
[[Page 132 STAT. 4865]]
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. <<NOTE: 43 USC 1772 note.>> 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)).
[[Page 132 STAT. 4866]]
(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--
[[Page 132 STAT. 4867]]
(I) extend for more than 150 feet from the
electric transmission line for which the
applicable participant has a right-of-way; or
(II) comprise an overall width, for both sides
of that electric transmission line, that totals
more than 200 feet; and
(D) shall not be conducted on--
(i) a component of the National Wilderness
Preservation System;
(ii) a designated wilderness study area;
(iii) an inventoried roadless area; or
(iv) Federal land on which, by Act of Congress
or Presidential proclamation, the removal of
vegetation is restricted or prohibited.
(2) Approval.--Each vegetation management project described
in paragraph (1) shall be subject to approval by the Forest
Service in accordance with this section.
(3) Fire prevention.--In carrying out a vegetation
management project under the pilot program, a participant shall
adhere to--
(A) Forest Service regulations relating to spark
arresting devices;
(B) Forest Service regulations limiting and
prohibiting certain activities conducted by contractors
in an area, based on weather conditions and fire danger;
(C) Forest Service regulations that apply to
contractors removing vegetation on National Forest
System land pursuant to a timber sale or stewardship
contract, including regulations relating to--
(i) protection of residual trees and timber
damaged by contractors;
(ii) protection measures needed for plants,
animals, cultural resources, and cave resources;
(iii) streamcourse protection and erosion
control;
(iv) fire plans, precautions, and
precautionary periods;
(v) fire suppression costs; and
(vi) employment of eligible workers; and
(D) State regulations relating to the prevention of
wildfires and contractors removing vegetation.
(4) Treatment of slash.--In carrying out a vegetation
management project under the pilot program, a participant shall
treat any activity fuels in a manner that--
(A) is satisfactory to the Forest Service;
(B) does not result in a fire hazard; and
(C) reduces the risk of an insect or disease
outbreak.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f)(2), a participant in the pilot program shall be
responsible for all costs, as determined by the Secretary,
incurred in participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds for
a vegetation management project conducted under the pilot
program if the Secretary determines that the contribution is in
the public interest.
(f) Liability.--
[[Page 132 STAT. 4868]]
(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
[[Page 132 STAT. 4869]]
(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--
[[Page 132 STAT. 4870]]
(A) the portion of the NW\1/4\ NW\1/4\ lying south
of the south boundary of Berrytown Road;
(B) the portion of the W\1/2\ NE\1/4\ NW\1/4\ lying
south of the south boundary of Berrytown Road;
(C) the portion of the SW\1/4\ NW\1/4\ lying east of
the east boundary of U.S. Highway 98;
(D) the W\1/2\ SE\1/4\ NW\1/4\;
(E) the portion of the NW\1/4\ SW\1/4\ lying east of
the east boundary of U.S. Highway 98;
(F) the portion of the NE\1/4\ SW\1/4\ commencing at
the southwest corner of the NE\1/4\ SW\1/4\, said point
being the point of beginning, thence running east 330
feet along the south boundary of the NE\1/4\ SW\1/4\ to
a point in Lake Okhissa, thence running northeasterly to
a point in Lake Okhissa on the east boundary of the
NE\1/4\ SW\1/4\ 330 feet south of the northeast corner
thereof, thence running north 330 feet along the east
boundary of the NE\1/4\ SW\1/4\ to the northeast corner
thereof, thence running west along the north boundary of
the NE\1/4\ SW\1/4\ to the NW corner thereof; thence
running south along the west boundary of the NE\1/4\
SW\1/4\ to the point of beginning; and
(G) the portion of the SE\1/4\ SE\1/4\ NW\1/4\
commencing at the southeast corner of the SE\1/4\ NW\1/
4\, said point being the point of beginning, and running
northwesterly to the northwest corner of the SE\1/4\
SE1\/4\ NW\1/4\, thence running south along the west
boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to the southwest
corner thereof, thence running east along the south
boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to the point of
beginning.
(2) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary.
(d) Consideration.--
(1) In general.--The consideration for the conveyance of any
National Forest System land under this section shall be--
(A) provided in the form of cash; and
(B) in an amount equal to the fair market value of
the National Forest System land being conveyed, as
determined under paragraph (2).
(2) Fair market value determination.--The fair market value
of the National Forest System land conveyed under this section
shall be determined--
(A) in the case of a method of conveyance described
in subsection (b), by an appraisal that is--
(i) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions;
and
(ii) approved by the Secretary; or
(B) in the case of a conveyance by a method other
than a method described in subsection (b), by
competitive sale.
(e) Terms and Conditions.--The conveyance under this section shall
be subject to--
(1) valid existing rights; and
[[Page 132 STAT. 4871]]
(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. <<NOTE: 16 USC 1642 note.>> REMOTE SENSING
TECHNOLOGIES.
The Chief of the Forest Service shall--
(1) continue to find efficiencies in the operations of the
forest inventory and analysis program under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C. 1642(e)) through the improved use and integration of
advanced remote sensing technologies to provide estimates for
State- and national-level inventories, where appropriate; and
(2) partner with States and other interested stakeholders to
carry out the program described in paragraph (1).
PART III--TIMBER INNOVATION
SEC. 8641. <<NOTE: 7 USC 7655c note.>> 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. <<NOTE: 7 USC 7655c.>> 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--
[[Page 132 STAT. 4872]]
(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. <<NOTE: 7 USC 7655d.>> 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
[[Page 132 STAT. 4873]]
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--
[[Page 132 STAT. 4874]]
``(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.
[[Page 132 STAT. 4875]]
``(8) Other technical, economic, conservation, and
environmental criteria that the Secretary considers appropriate.
``(f) Grant Priorities.--In selecting applicants for grants under
the Program, the Secretary shall give priority to proposals that use the
most stringent control technology that has been required or achieved in
practice for a wood-fired boiler and--
``(1) would be carried out in a location where markets are
needed for the low-value, low-quality wood;
``(2) would be carried out in a location with limited access
to natural gas pipelines;
``(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the
average annual unemployment rate exceeded the national average
unemployment rate by more than 1 percent during the previous
calendar year; or
``(4) would be carried out in a location where the project
will aid with forest restoration.
``(g) Limitations.--
``(1) Capacity of community wood energy systems.--A
community wood energy system acquired with grant funds under the
Program shall not exceed nameplate capacity of 5 megawatts of
thermal energy or combined thermal and electric energy.
``(2) Funding for innovative wood product facilities.--Not
more than 25 percent of funds provided as grants under the
Program for a fiscal year may go to applicants proposing
innovative wood product facilities, unless the Secretary has
received an insufficient number of qualified proposals for
community wood energy systems.
``(h) Funding.--There is authorized to be appropriated to carry out
the Program $25,000,000 for each of fiscal years 2019 through 2023.''.
Subtitle G--Other Matters
SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 8702. RESOURCE ADVISORY COMMITTEES.
Section 205 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Each'' and
inserting ``Except as provided in paragraph (6), each'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``Committee'' and
inserting ``Except as provided in paragraph (6),
committee''; and
(C) by adding at the end the following:
``(6) Committee composition waiver authority.--
``(A) Notice.--On notice from the applicable
regional forester that an adequate number of qualified
candidates are not interested or available to serve on a
resource advisory committee, the Secretary concerned
shall publish
[[Page 132 STAT. 4876]]
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
[[Page 132 STAT. 4877]]
``(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. <<NOTE: 25 USC 3115b.>> 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), <<NOTE: Ante, p. 1059.>>
by striking ``the date of enactment'' and inserting
``the date of the enactment''; and
(B) <<NOTE: Ante, p. 1076.>> in section 401(a)(1),
by inserting ``of 2000'' after ``Self-Determination
Act''.
(2) <<NOTE: 2 USC 901 note.>> 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''.
[[Page 132 STAT. 4878]]
SEC. 8705. <<NOTE: 43 USC 1761a.>> 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
[[Page 132 STAT. 4879]]
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively neutral,
technology neutral, and non-discriminatory basis.
(c) Requirements.--The regulations issued under subsection (b) shall
include the following:
(1) Procedures for the tracking of applications described in
subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the
receipt of an application and the issuance of a final
decision on an application.
(2) Provision for minimum lease terms of not less than 15
years for leases with respect to the location of communications
facilities on covered land.
(3) A structure of fees for--
(A) submitting an application described in
subsection (b)(1), based on the cost to the Forest
Service of considering such an application; and
(B) issuing communications use authorizations, based
on the cost to the Forest Service of any maintenance or
other activities required to be performed by the Forest
Service as a result of the location or modification of
the communications facility.
(4) Provision for prioritization or streamlining of the
consideration of applications to locate or modify communications
facilities on covered land in a previously disturbed right-of-
way.
(d) Additional Considerations.--In issuing regulations under
subsection (b), the Secretary shall consider--
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted simultaneously,
rather than sequentially, by any organizational units of the
Forest Service that must approve the location or modification;
and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to the
location or modification of a communications facility on covered
land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational Units.--
The Secretary shall, with respect to the regulations issued under
subsection (b)--
(1) communicate the regulations to the organizational units
of the Forest Service; and
(2) ensure that the organizational units of the Forest
Service follow the regulations.
(f) Deposit and Availability of Fees.--
(1) Special account.--The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest
Service for the deposit of fees collected by the Forest Service
under subsection (c)(3) for communications use authorizations on
covered land granted, issued, or executed by the Forest Service.
[[Page 132 STAT. 4880]]
(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. <<NOTE: 43 USC 1748d.>> 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--
[[Page 132 STAT. 4881]]
(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.
[[Page 132 STAT. 4882]]
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.
[[Page 132 STAT. 4883]]
``(ii) The proportion of the State's forest
composed of species vulnerable to non-native pests
present in the United States.
``(iii) The pests' rate of spread via natural
or human-assisted means.''.
TITLE IX--ENERGY
SEC. 9001. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended--
(1) in paragraph (4)(A), by striking ``agricultural
materials'' and inserting ``agricultural materials, renewable
chemicals,'';
(2) in paragraph (7)(A), by striking ``into biofuels and
biobased products; and'' and inserting the following: ``or an
intermediate ingredient or feedstock of renewable biomass into
any 1 or more, or a combination, of--
``(i) biofuels;
``(ii) renewable chemicals; or
``(iii) biobased products; and''; and
(3) in paragraph (16)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``(B)'' and inserting ``(C)''; and
(ii) by striking ``that--'' in the matter
preceding clause (i) and all that follows through
the period at the end of clause (ii) and inserting
``that produces usable energy from a renewable
energy source.'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Inclusions.--The term `renewable energy
system' includes--
``(i) distribution components necessary to
move energy produced by a system described in
subparagraph (A) to the initial point of sale; and
``(ii) other components and ancillary
infrastructure of a system described in
subparagraph (A), such as a storage system.''.
SEC. 9002. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102) is amended--
(1) in subsection (b)(2)(A), by adding at the end the
following:
``(iii) Renewable chemicals.--Not later than
180 days after the date of enactment of this
clause, the Secretary shall update the criteria
issued under clause (i) to provide criteria for
determining which renewable chemicals may qualify
to receive the label under paragraph (1).'';
(2) by amending subsection (f) to read as follows:
``(f) Manufacturers of Renewable Chemicals and Biobased Products.--
[[Page 132 STAT. 4884]]
``(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;
[[Page 132 STAT. 4885]]
``(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.''.
[[Page 132 STAT. 4886]]
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.
[[Page 132 STAT. 4887]]
SEC. 9009. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (B)--
(i) in clause (ii)(II), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) algae.''; and
(B) in subparagraph (C)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through
(vii) as clauses (iv) through (vi), respectively;
and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Technical assistance.--Effective for fiscal year 2014
and each subsequent fiscal year, funds made available under this
subsection shall be available for the provision of technical
assistance with respect to activities authorized under this
section.''.
SEC. 9011. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding at the end the following:
``SEC. 9014. <<NOTE: 7 USC 8115.>> 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
[[Page 132 STAT. 4888]]
``(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. <<NOTE: 7 USC 1627c note.>> 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. <<NOTE: 7 USC 1627c.>> 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--
[[Page 132 STAT. 4889]]
``(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;
[[Page 132 STAT. 4890]]
``(ii) was produced in a manner that enhances the
value of the agricultural commodity or product, as
demonstrated through a business plan that shows the
enhanced value, as determined by the Secretary;
``(iii) is physically segregated in a manner that
results in the enhancement of the value of the
agricultural commodity or product;
``(iv) is a source of farm- or ranch-based renewable
energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally
produced agricultural food product; and
``(B) as a result of the change in physical state or
the manner in which the agricultural commodity or
product was produced, marketed, or segregated--
``(i) the customer base for the agricultural
commodity or product is expanded; and
``(ii) a greater portion of the revenue
derived from the marketing, processing, or
physical segregation of the agricultural commodity
or product is available to the producer of the
commodity or product.
``(13) Veteran farmer or rancher.--The term `veteran farmer
or rancher' has the meaning given the term in section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)).
``(b) Establishment and Purpose.--The Secretary shall establish a
program, to be known as the `Local Agriculture Market Program', that--
``(1) supports the development, coordination, and expansion
of--
``(A) direct producer-to-consumer marketing;
``(B) local and regional food markets and
enterprises; and
``(C) value-added agricultural products;
``(2) connects and cultivates regional food economies
through public-private partnerships;
``(3) supports the development of business plans,
feasibility studies, and strategies for value-added agricultural
production and local and regional food system infrastructure;
``(4) strengthens capacity and regional food system
development through community collaboration and expansion of
mid-tier value chains;
``(5) improves income and economic opportunities for
producers and food businesses through job creation; and
``(6) simplifies the application processes and the reporting
processes for the Program.
``(c) Administration.--In administering the Program, the Secretary
shall--
``(1) streamline the Program to better support the
activities carried out by the recipient of a grant under the
Program;
``(2) connect producers with local food markets and value-
added agricultural product opportunities;
``(3) partner with cooperative extension services, as
appropriate, to provide Program technical assistance and
outreach to Program stakeholders; and
``(4) ensure that the Rural Business-Cooperative Service and
Agricultural Marketing Service provide Program technical
assistance and outreach to Program stakeholders.
[[Page 132 STAT. 4891]]
``(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.
[[Page 132 STAT. 4892]]
``(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.
[[Page 132 STAT. 4893]]
``(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.
[[Page 132 STAT. 4894]]
``(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
[[Page 132 STAT. 4895]]
Secretary an application at such time, in such manner,
and containing such information as the Secretary
considers necessary to evaluate and select applications.
``(B) Competitive process.--The Secretary--
``(i) shall conduct a competitive process to
select applications submitted under subparagraph
(A);
``(ii) may assess and rank applications with
similar purposes as a group; and
``(iii) shall make public the criteria to be
used in evaluating applications prior to accepting
applications.
``(C) Priority to certain applications.--The
Secretary may give priority to applications submitted
under subparagraph (A) that--
``(i)(I) leverage significant non-Federal
financial and technical resources; and
``(II) coordinate with other local, State,
Tribal, or national efforts;
``(ii) cover an area that includes distressed
low-income rural or urban communities, including
areas with persistent poverty; or
``(iii) have multiple entities and partners in
a partnership.
``(D) Producer or food business benefits.--
``(i) In general.--Except as provided in
clause (ii), an application submitted under
subparagraph (A) shall include a description of
the direct or indirect producer or food business
benefits intended by the eligible entity to result
from the proposed project within a reasonable
period of time after the receipt of a grant.
``(ii) Exception.--Clause (i) shall not apply
to a planning or feasibility project.
``(6) Technical assistance.--On request of an eligible
entity, an eligible partner, or a partnership, the Secretary may
provide technical assistance in carrying out a partnership
agreement.
``(f) Simplification of Application and Reporting Processes.--
``(1) Applications.--The Secretary shall establish a
simplified application form for eligible entities that--
``(A) request less than $50,000 under subsection
(d); or
``(B) apply for grants under subsection (d) under a
single application through partnership agreements under
subsection (e).
``(2) Reporting.--The Secretary shall--
``(A) streamline and simplify the reporting process
for eligible entities; and
``(B) obtain from eligible entities and maintain
such information as the Secretary determines is
necessary to administer and evaluate the Program.
``(g) Interdepartmental Coordination.--In carrying out the Program,
to the maximum extent practicable, the Secretary shall ensure
coordination among Federal agencies.
``(h) Evaluation.--
[[Page 132 STAT. 4896]]
``(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
[[Page 132 STAT. 4897]]
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
[[Page 132 STAT. 4898]]
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--
[[Page 132 STAT. 4899]]
``(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. <<NOTE: 7 USC 6503 note.>> ORGANIC CERTIFICATION.
(a) Exclusions From Certification.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue regulations to
limit the type of organic operations that are excluded from
certification under section 205.101 of title 7, Code of Federal
Regulations, and from certification under any other related sections
under part 205 of title 7, Code of Federal Regulations.
(b) Definitions.--Section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502) is amended--
(1) in paragraph (3)--
(A) by striking ``The term'' and inserting the
following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Foreign operations.--When used in the context
of a certifying agent operating in a foreign country,
the term `certifying agent' includes any person
(including a private entity)--
``(i) accredited in accordance with section
2115(d); or
``(ii) accredited by a foreign government that
acted under an equivalency agreement negotiated
between the United States and the foreign
government from which the agricultural product is
imported.'';
(2) by redesignating paragraphs (13) through (21) as
paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) National organic program import certificate.--The
term `national organic program import certificate' means a form
developed for purposes of the program under this title--
``(A) to provide documentation sufficient to verify
that an agricultural product imported for sale in the
United States satisfies the requirement under section
2115(c);
``(B) which shall include, at a minimum, information
sufficient to indicate, with respect to the agricultural
product--
``(i) the origin;
``(ii) the destination;
``(iii) the certifying agent issuing the
national organic program import certificate;
``(iv) the harmonized tariff code, if a
harmonized tariff code exists for the agricultural
product;
``(v) the total weight; and
``(vi) the organic standard to which the
agricultural product is certified; and
[[Page 132 STAT. 4900]]
``(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
[[Page 132 STAT. 4901]]
``(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
[[Page 132 STAT. 4902]]
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. <<NOTE: 7 USC 6521a.>> ORGANIC AGRICULTURAL PRODUCT
IMPORTS INTERAGENCY WORKING GROUP.
``(a) Establishment.--
``(1) In general.--The Secretary and the Secretary of
Homeland Security shall jointly establish a working group to
facilitate coordination and information sharing between the
Department of Agriculture and U.S. Customs and Border Protection
relating to imports of organically produced agricultural
products (referred to in this section as the `working group').
``(2) Members.--The working group--
``(A) shall include--
``(i) the Secretary (or a designee); and
``(ii) the Secretary of Homeland Security (or
a designee); and
``(B) shall not include any non-Federal officer or
employee.
``(3) Duties.--The working group shall facilitate
coordination and information sharing between the Department of
Agriculture and U.S. Customs and Border Protection for the
purposes of--
``(A) identifying imports of organically produced
agricultural products;
``(B) verifying the authenticity of organically
produced agricultural product import documentation, such
as national organic program import certificates;
``(C) ensuring imported agricultural products
represented as organically produced meet the
requirements under this title;
``(D) collecting and organizing quantitative data on
imports of organically produced agricultural products;
and
``(E) requesting feedback from stakeholders on how
to improve the oversight of imports of organically
produced agricultural products.
``(4) Designated employees and officials.--An employee or
official designated to carry out the duties of the Secretary or
the Secretary of Homeland Security on the working group under
subparagraph (A) or (B) of paragraph (2) shall be an employee or
official compensated at a rate of pay not less than the minimum
annual rate of basic pay for GS-12 under section 5332 of title
5, United States Code.
``(b) Reports.--On an annual basis, the working group shall submit
to Congress and make publicly available on the websites
[[Page 132 STAT. 4903]]
of the Department of Agriculture and U.S. Customs and Border Protection
the following reports:
``(1) Organic trade enforcement interagency coordination
report.--A report--
``(A) identifying existing barriers to cooperation
between the agencies involved in agricultural product
import inspection, trade data collection and
organization, and organically produced agricultural
product trade enforcement, including--
``(i) U.S. Customs and Border Protection;
``(ii) the Agricultural Marketing Service; and
``(iii) the Animal and Plant Health Inspection
Service;
``(B) assessing progress toward integrating organic
trade enforcement into import inspection procedures of
U.S. Customs and Border Protection and the Animal and
Plant Health Inspection Service, including an assessment
of--
``(i) the status of the development of systems
for--
``(I) tracking the fumigation of
imports of organically produced
agricultural products into the United
States; and
``(II) electronically verifying
national organic program import
certificate authenticity; and
``(ii) training of U.S. Customs and Border
Protection personnel on--
``(I) the use of the systems
described in clause (i); and
``(II) requirements and protocols
under this title;
``(C) establishing methodology for ensuring imports
of agricultural products represented as organically
produced meet the requirements under this title;
``(D) recommending steps to improve the
documentation and traceability of imported organically
produced agricultural products;
``(E) recommending and describing steps for--
``(i) improving compliance with the
requirements of this title for all agricultural
products imported into the United States and
represented as organically produced; and
``(ii) ensuring accurate labeling and
marketing of imported agricultural products
represented as organically produced by the
exporter; and
``(F) describing staffing needs and additional
resources at U.S. Customs and Border Protection and the
Department of Agriculture needed to ensure compliance.
``(2) Report on enforcement actions taken on organic
imports.--A report--
``(A) providing detailed quantitative data (broken
down by agricultural product, quantity, value, month,
and origin) on imports of agricultural products
represented as organically produced found to be
fraudulent or lacking any documentation required under
this title at the port of entry during the report year;
``(B) providing data on domestic enforcement actions
taken on imported agricultural products represented as
organically produced, including the number and type of
[[Page 132 STAT. 4904]]
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
[[Page 132 STAT. 4905]]
for the purposes described in that paragraph and shall remain
available until expended.''.
(k) <<NOTE: 7 USC 6521a note.>> 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:
[[Page 132 STAT. 4906]]
``(2) Administration of multistate projects from
nonparticipating states.--The Secretary of Agriculture may
directly administer all aspects of multistate projects under
this subsection for applicants in a nonparticipating State.'';
(3) in subsection (k), by adding at the end the following:
``(3) Evaluation.--
``(A) Performance measures and review.--
``(i) Development.--The Secretary of
Agriculture and the State departments of
agriculture, in consultation with specialty crop
stakeholders, shall develop performance measures
to be used as the sole means of performing any
evaluation of the grant program established under
this section.
``(ii) Review.--The Secretary of Agriculture,
in consultation with the State departments of
agriculture, shall periodically evaluate the
performance of the grant program established under
this section.
``(B) Cooperative agreements.--The Secretary of
Agriculture may enter into cooperative agreements--
``(i) to develop the performance measures
under subparagraph (A)(i); or
``(ii) to evaluate the overall performance of
the grant program established under this
section.''; and
(4) in subsection (l)(2)(E), by inserting ``and each fiscal
year thereafter'' after ``2018''.
SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) Asexually Reproduced Defined.--Section 41(a) of the Plant
Variety Protection Act (7 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), and (9) as paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Asexually reproduced.--The term `asexually reproduced'
means produced by a method of plant propagation using vegetative
material (other than seed) from a single parent, including
cuttings, grafting, tissue culture, and propagation by root
division.''.
(b) Right to Plant Variety Protection; Plant Varieties
Protectable.--Section 42(a) of the Plant Variety Protection Act (7
U.S.C. 2402(a)) is amended by striking ``or tuber propagated'' and
inserting ``, tuber propagated, or asexually reproduced''.
(c) Infringement of Plant Variety Protection.--Section 111(a)(3) of
the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by
inserting ``or asexually'' after ``sexually''.
(d) False Marketing; Cease and Desist Orders.--Section 128(a) of the
Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the
matter preceding paragraph (1), by inserting ``or asexually'' after
``sexually''.
SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY.
(a) In General.--The Secretary, acting through the Director of the
Office of Pest Management Policy, shall conduct a multiple crop and
pesticide use survey of farmers to collect data for risk assessment
modeling and mitigation for an active ingredient.
[[Page 132 STAT. 4907]]
(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
[[Page 132 STAT. 4908]]
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. <<NOTE: 7 USC 1639o.>> 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.
[[Page 132 STAT. 4909]]
``(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. <<NOTE: 7 USC 1639p.>> 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
[[Page 132 STAT. 4910]]
``(vii) a certification that the State or
Indian tribe has the resources and personnel to
carry out the practices and procedures described
in clauses (i) through (vi); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable,
to the extent that the practice or procedure is
consistent with this subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection
preempts or limits any law of a State or Indian tribe
that--
``(i) regulates the production of hemp; and
``(ii) is more stringent than this subtitle.
``(B) References in plans.--A State or Tribal plan
referred to in paragraph (1) may include a reference to
a law of the State or Indian tribe regulating the
production of hemp, to the extent that law is consistent
with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of a
State or Tribal plan under subsection (a), the Secretary shall--
``(A) approve the State or Tribal plan if the State
or Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if
the State or Tribal plan does not comply with subsection
(a).
``(2) Amended plans.--If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the
Governor and chief law enforcement officer of the State) or the
Tribal government, as applicable, may submit to the Secretary an
amended State or Tribal plan that complies with subsection (a).
``(3) Consultation.--The Secretary shall consult with the
Attorney General in carrying out this subsection.
``(c) Audit of State Compliance.--
``(1) In general.--The Secretary may conduct an audit of the
compliance of a State or Indian tribe with a State or Tribal
plan approved under subsection (b).
``(2) Noncompliance.--If the Secretary determines under an
audit conducted under paragraph (1) that a State or Indian tribe
is not materially in compliance with a State or Tribal plan--
``(A) the Secretary shall collaborate with the State
or Indian tribe to develop a corrective action plan in
the case of a first instance of noncompliance; and
``(B) the Secretary may revoke approval of the State
or Tribal plan in the case of a second or subsequent
instance of noncompliance.
``(d) Technical Assistance.--The Secretary may provide technical
assistance to a State or Indian tribe in the development of a State or
Tribal plan under subsection (a).
``(e) Violations.--
``(1) In general.--A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
``(2) Negligent violation.--
[[Page 132 STAT. 4911]]
``(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.--
[[Page 132 STAT. 4912]]
``(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. <<NOTE: 7 USC 1639q.>> 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
[[Page 132 STAT. 4913]]
``(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. <<NOTE: 7 USC 1639r.>> 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.
[[Page 132 STAT. 4914]]
``(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. <<NOTE: 7 USC 1639s.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.''.
SEC. 10114. <<NOTE: 7 USC 1639o note.>> 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 132 STAT. 4915]]
``(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
[[Page 132 STAT. 4916]]
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
[[Page 132 STAT. 4917]]
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
[[Page 132 STAT. 4918]]
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
[[Page 132 STAT. 4919]]
Decision IX/7 of the Ninth Meeting of the Conference of
the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report on the study under
subsection (b) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Forestry, and
Nutrition of the Senate.
TITLE XI--CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (7), (8), (10), (11), (12), and (13)
respectively;
(2) by inserting after paragraph (5) the following:
``(6) Cover crop termination.--The term `cover crop
termination' means a practice that historically and under
reasonable circumstances results in the termination of the
growth of a cover crop.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(2)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) National agricultural statistics service.--
Data collected by the National Agricultural Statistics
Service, whether published or unpublished, shall be--
``(i) provided in an aggregate form to the
Corporation for the purpose of providing insurance
under this subtitle; and
``(ii) kept confidential by the Corporation in
the same manner and to the same extent as is
required under--
``(I) section 1770 of the Food
Security Act of 1985 (7 U.S.C. 2276);
and
``(II) the Confidential Information
Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note; Public
Law 107-347).
``(C) Noninsured crop disaster assistance program.--
In collecting data under this subsection, the Secretary
shall ensure that--
``(i) appropriate data are collected through
the noninsured crop disaster assistance program
established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); and
[[Page 132 STAT. 4920]]
``(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:
[[Page 132 STAT. 4921]]
``(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.--
[[Page 132 STAT. 4922]]
``(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
[[Page 132 STAT. 4923]]
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. <<NOTE: 7 USC 1508d.>> COVERAGE FOR FORAGE AND
GRAZING.
``Notwithstanding section 508A, and in addition to any other
available coverage, for crops that can be both grazed and mechanically
harvested on the same acres during the same growing season, producers
shall be allowed to purchase separate policies for each intended use, as
determined by the Corporation, and any indemnity paid under those
policies for each intended use shall not be considered to be for the
same loss for the purposes of section 508(n).''.
SEC. 11110. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)) is amended by striking ``$300'' and inserting ``$655''.
SEC. 11111. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following:
``(E) Enterprise units across county lines.--The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with--
``(i) 1 or more other enterprise units in 1 or
more other counties; or
``(ii) all basic units and all optional units
in 1 or more other counties.''.
SEC. 11112. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g))
is amended by adding at the end the following new paragraph:
``(6) Continued authority.--
``(A) In general.--The Corporation shall establish--
``(i) underwriting rules that limit the
decrease in the actual production history of a
producer, at the election of the producer, to not
more than 10 percent of the actual production
history of the previous crop
[[Page 132 STAT. 4924]]
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--
[[Page 132 STAT. 4925]]
``(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--
[[Page 132 STAT. 4926]]
(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
[[Page 132 STAT. 4927]]
``(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) <<NOTE: 7 USC 1522 note.>> Applicability.--
(1) In general.--The amendments made by this section shall
apply to reimbursement requests made on or after October 1,
2016.
(2) Resubmission of denied request.--An applicant that was
denied all or a portion of a reimbursement request under
paragraph (1) of section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) during the period between October 1,
2016, and the date of the enactment of this Act shall be given
an opportunity to resubmit such request.
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND
MAINTENANCE COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b))
is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the
viability and marketability requirements under this
paragraph in the case of research and development
relating to a policy to insure the production of
hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive
the marketability requirement under subparagraph (A) in
the case of research and development relating to a
policy to insure the production of hemp.''.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c))
is amended--
(1) by striking paragraphs (7) through (18) and (20) through
(23);
(2) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively;
[[Page 132 STAT. 4928]]
(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
[[Page 132 STAT. 4929]]
``(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
[[Page 132 STAT. 4930]]
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.--
[[Page 132 STAT. 4931]]
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry
out research and development, regarding the creation of
a separate practice for subsurface irrigation, including
the establishment of a separate transitional yield
within a county that is reflective of the average gain
in productivity and yield associated with the
installation of a subsurface irrigation system.
``(B) Report.--Not later than 18 months after the
date of enactment of the Agriculture Improvement Act of
2018, the Corporation shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes--
``(i) the results of the research and
development carried out under subparagraph (A);
and
``(ii) any recommendations with respect to
those results.
``(14) Grain sorghum.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry
out research and development--
``(i) regarding improvements to 1 or more
policies to insure irrigated grain sorghum;
``(ii) regarding alternative methods for
producers with not more than 4 years of production
history to insure irrigated grain sorghum; and
``(iii) to assess, by county, the difference
in the rate, average yield, and coverage level of
grain sorghum policies compared to policies for
other feed grains in that county.
``(B) Report.--Not later than 18 months after the
date of enactment of the Agriculture Improvement Act of
2018, the Corporation shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes--
``(i) the results of the research and
development carried out under subparagraph (A);
and
``(ii) any recommendations with respect to
those results.
``(15) Limited irrigation practices.--
``(A) Authority.--The Corporation shall--
``(i) consider expanding the availability of
the limited irrigation insurance program to
neighboring and similarly situated States (such as
the States of Colorado and Nebraska), as
determined by the Secretary;
``(ii) carry out research, or offer to enter
into 1 or more contracts with 1 or more qualified
persons to carry out research, on the
marketability of the existing limited irrigation
insurance program; and
``(iii) make recommendations on how to improve
participation in that program.
``(B) Research.--In carrying out research under
subparagraph (A), a qualified person shall--
[[Page 132 STAT. 4932]]
``(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,
[[Page 132 STAT. 4933]]
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--
[[Page 132 STAT. 4934]]
``(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--
[[Page 132 STAT. 4935]]
``(I) with operations on highly
productive batture land within the Lower
Mississippi River Valley;
``(II) that have a history of
production of not less than 5 years; and
``(III) that have been impacted by
more frequent flooding over the past 10
years due to sedimentation or federally
constructed engineering improvements.
``(ii) Availability of policy.--
Notwithstanding the last sentence of section
508(a)(1), and section 508(a)(2), the Corporation
shall make a policy described in clause (i)
available if the requirements of section 508(h)
are met.
``(B) Research and development described.--Research
and development described in subparagraph (A)(i) shall
evaluate the feasibility of less cost-prohibitive
policies for batture-land producers in high risk areas,
including policies that--
``(i) consider premium rate adjustments;
``(ii) consider automatic yield exclusion for
consecutive-year losses; and
``(iii) allow for flexibility of final plant
dates and prevent plant regulations.
``(C) Report.--Not later than 2 years after the date
of enactment of the Agriculture Improvement Act of 2018,
the Corporation shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that--
``(i) examines whether a version of existing
policies may be tailored to provide improved
coverage for batture-land producers;
``(ii) describes the results of the research
and development carried out under subparagraphs
(A) and (B); and
``(iii) includes any recommendations with
respect to those results.''.
SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)(2)(A)) is amended--
(1) by striking ``not more than $12,500,000 for fiscal year
2008 and each subsequent fiscal year.'' and inserting the
following: ``not more than--
``(i) $12,500,000 for each of fiscal years
2008 through 2018; and''; and
(2) by adding at the end the following:
``(ii) $8,000,000 for fiscal year 2019 and
each fiscal year thereafter.''.
SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS.
Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.
1523(i)(3)(A)) is amended by adding a period at the end.
SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
(a) Education Assistance.--Section 524(a) of the Federal Crop
Insurance Act (7 U.S.C. 1524(a)) is amended--
[[Page 132 STAT. 4936]]
(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
[[Page 132 STAT. 4937]]
(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.
[[Page 132 STAT. 4938]]
``(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
[[Page 132 STAT. 4939]]
``(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.
[[Page 132 STAT. 4940]]
``(8) Reporting requirement.--Not later than 90 days after
the date of completion of an activity conducted using funds
provided under the Program, the recipient of such funds shall
submit to the Secretary a report that describes the purposes and
results of the activities.''.
(c) National Animal Vaccine and Veterinary Countermeasures Bank.--
Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A), as
amended by subsection (b), is further amended by inserting after
subsection (b) (as added by subsection (b)(5) of this section) the
following:
``(c) National Animal Vaccine Bank.--
``(1) Establishment.--The Secretary shall establish a
national animal vaccine and veterinary countermeasures bank (to
be known as the National Animal Vaccine and Veterinary
Countermeasures Bank and referred to in this subsection as the
`Vaccine Bank') to benefit the domestic interests of the United
States.
``(2) Elements of vaccine bank.--Through the Vaccine Bank,
the Secretary shall--
``(A) maintain sufficient quantities of veterinary
countermeasures to appropriately and rapidly respond to
the most damaging animal diseases affecting or with
potential to affect human health or the economy of the
United States; and
``(B) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the
management, storage, and distribution of the National
Veterinary Stockpile.
``(3) Priority for response to foot and mouth disease.--The
Secretary shall prioritize the acquisition and maintenance of
sufficient quantities of foot and mouth disease vaccine and
accompanying diagnostic products for the Vaccine Bank. As part
of such prioritization, the Secretary may offer to enter into
one or more contracts with one or more entities that are capable
of producing foot and mouth disease vaccine and that have surge
production capacity of the vaccine.''.
(d) Funding.--Section 10409A of the Animal Health Protection Act (7
U.S.C. 8308A), as amended by subsections (b) and (c), is further amended
by striking subsection (d) and inserting the following:
``(d) Funding.--
``(1) Mandatory funding.--
``(A) Fiscal years 2019 through 2022.--Of the funds
of the Commodity Credit Corporation, the Secretary shall
make available to carry out this section $120,000,000
for the period of fiscal years 2019 through 2022, of
which not less than $5,000,000 shall be made available
for each of those fiscal years to carry out subsection
(b).
``(B) Subsequent fiscal years.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $30,000,000 for
fiscal year 2023 and each fiscal year thereafter, of
which not less than $18,000,000 shall be made available
for each of those fiscal years to carry out subsection
(b).
``(2) Authorization of appropriations.--
``(A) National animal health laboratory network.--In
addition to the funds made available under
[[Page 132 STAT. 4941]]
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.
[[Page 132 STAT. 4942]]
``(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
[[Page 132 STAT. 4943]]
``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. <<NOTE: 7 USC 1622 note.>> REGIONAL CATTLE AND
CARCASS GRADING CORRELATION AND
TRAINING CENTERS.
(a) In General.--The Secretary shall establish not more than 3
regional centers, to be known as Cattle and Carcass Grading Correlation
and Training Centers (referred to in this section as the ``Centers''),
to provide education and training for cattle and
[[Page 132 STAT. 4944]]
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. <<NOTE: 7 USC 6922.>> 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.
[[Page 132 STAT. 4945]]
``(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
[[Page 132 STAT. 4946]]
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. <<NOTE: 7 USC 8914.>> 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,
[[Page 132 STAT. 4947]]
including through mitigation (such as chemical control),
surveillance, the use of diagnostic products and procedures, and
the use of existing resistant seed stock.
(8) Transboundary disease.--
(A) In general.--The term ``transboundary disease''
means a plant or animal disease or pest that is within 1
or more countries outside of the United States.
(B) Inclusion.--The term ``transboundary disease''
includes a plant or animal disease or pest described in
subparagraph (A) that--
(i) has emerged within the United States; or
(ii) has been introduced within the United
States.
(9) Veterinary countermeasure.--The term ``veterinary
countermeasure'' has the meaning given such term in section
10403 of the Animal Health Protection Act (7 U.S.C. 8302).
(b) Disease or Pest of Concern Response Planning.--
(1) In general.--The Secretary shall--
(A) establish a list of diseases or pests of concern
by--
(i) developing a process to solicit and
receive expert opinion and evidence relating to
the diseases or pests of concern entered on the
list; and
(ii) reviewing all available evidence relating
to the diseases or pests of concern entered on the
list, including classified information; and
(B) periodically update the list established under
subparagraph (A).
(2) Response plans.--
(A) Comprehensive strategic response plan or
plans.--The Secretary shall develop, in collaboration
with appropriate Federal, State, regional, and local
officials, a comprehensive strategic response plan or
plans, as appropriate, for the diseases or pests of
concern that are entered on the list established under
paragraph (1).
(B) State or region response plan or plans.--The
Secretary shall provide information to a State or region
to assist in producing a response plan or plans that
shall include a concept of operations for a disease or
pest of concern or a platform concept of operations for
responses to similar diseases or pests of concern that
are determined to be a priority to the State or region
that shall, as appropriate--
(i) describe the appropriate interactions
among, and roles of--
(I) Federal, State, Tribal, and
units of local government; and
(II) plant or animal industry
partners;
(ii) include a decision matrix or dynamic
decision modeling tools that, as appropriate,
include--
(I) information and timing
requirements necessary for the use of
veterinary countermeasures;
(II) plant health management
strategies;
(III) deployment of other key
materials and resources; and
(IV) parameters for transitioning
from outbreak response to disease
management;
[[Page 132 STAT. 4948]]
(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
[[Page 132 STAT. 4949]]
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
[[Page 132 STAT. 4950]]
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;
[[Page 132 STAT. 4951]]
(III) by inserting before
subparagraph (B) (as so redesignated)
the following:
``(A) subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279);'';
(IV) in subparagraph (B) (as so
redesignated), by striking ``450i(b));''
and inserting ``3157(b));'';
(V) in subparagraph (D) (as so
redesignated), by adding ``or'' at the
end; and
(VI) in subparagraph (E) (as so
redesignated), by striking ``; or'' and
inserting a period.
(b) Outreach and Education for Socially Disadvantaged Farmers and
Ranchers, Veteran Farmers and Ranchers, and Beginning Farmers and
Ranchers.--Section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended--
(1) by striking the section heading and inserting ``farming
opportunities training and outreach'';
(2) by redesignating subsection (i) as paragraph (5) (and
moving the margins of such paragraph 2 ems to the right) and
moving such paragraph (as so redesignated) so as to follow
subsection (a)(4);
(3) by redesignating subsections (a) (as amended by
paragraph (2)), (b), (c), (d), (e), (g), and (h) as subsections
(c), (g), (k), (h), (a), (i), and (j), respectively, and moving
the subsections so as to appear in alphabetical order;
(4) by moving paragraph (5) of subsection (a) (as so
redesignated) so as to appear at the end of subsection (c) (as
so redesignated) and redesignating such paragraph as paragraph
(6);
(5) in subsection (a) (as so redesignated)--
(A) by striking the subsection designation and
heading and inserting the following:
``(a) Definitions.--In this section:'';
(B) by redesignating paragraphs (1), (2), (3), (4),
and (6) as paragraphs (6), (5), (1), (3), and (4),
respectively, and moving the paragraphs so as to appear
in numerical order;
(C) in paragraphs (1), (5), and (6) (as so
redesignated), by striking ``As used in this section,
the'' each place it appears and inserting ``The'';
(D) in paragraph (1) (as so redesignated)--
(i) in the paragraph heading, by striking
``agriculture'' and inserting ``agricultural'';
and
(ii) in the matter preceding subparagraph (A),
by striking ``agriculture'' and inserting
``agricultural''; and
(E) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
``(ii) has operated a farm or ranch for not more
than 10 years; and
``(B) meets such other criteria as the Secretary may
establish.'';
(6) by inserting after subsection (a) (as so redesignated)
the following:
[[Page 132 STAT. 4952]]
``(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.
[[Page 132 STAT. 4953]]
``(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;
[[Page 132 STAT. 4954]]
``(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.
[[Page 132 STAT. 4955]]
``(6) Evaluation criteria.--In making grants or entering
into cooperative agreements under this subsection, the Secretary
shall evaluate, with respect to applications for the grants or
cooperative agreements--
``(A) relevancy;
``(B) technical merit;
``(C) achievability;
``(D) the expertise and track record of 1 or more
applicants;
``(E) the consultation of beginning farmers and
ranchers in design, implementation, and decisionmaking
relating to an initiative described in paragraph (1);
``(F) the adequacy of plans for--
``(i) a participatory evaluation process;
``(ii) outcome-based reporting; and
``(iii) the communication of findings and
results beyond the immediate target audience; and
``(G) other appropriate factors, as determined by
the Secretary.
``(7) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
recipients of grants or participants in cooperative agreements
under this subsection.
``(8) Priority.--In making grants or entering into
cooperative agreements under this subsection, the Secretary
shall give priority to partnerships and collaborations that are
led by or include nongovernmental, community-based organizations
and school-based educational organizations with expertise in new
agricultural producer training and outreach.
``(9) Prohibition.--A grant made or cooperative agreement
entered into under this subsection may not be used for the
planning, repair, rehabilitation, acquisition, or construction
of a building or facility.
``(10) Coordination permitted.--A recipient of a grant or
participant in a cooperative agreement under this subsection may
coordinate with a recipient of a grant or cooperative agreement
under section 1680 in addressing the needs of veteran farmers
and ranchers with disabilities.
``(11) Consecutive awards.--A grant or cooperative agreement
under this subsection may be made to a recipient or participant
for consecutive years.
``(12) Peer review.--
``(A) In general.--The Secretary shall establish a
fair and efficient external peer review process, which
the Secretary shall use in making grants or entering
into cooperative agreements under this subsection.
``(B) Requirement.--The peer review process under
subparagraph (A) shall include a review panel composed
of a broad representation of peers of the applicant for
the grant or cooperative agreement that are not applying
for a grant or cooperative agreement under this
subsection.
``(13) Participation by other farmers and ranchers.--Nothing
in this subsection prohibits the Secretary from allowing a
farmer or rancher who is not a beginning farmer or rancher
(including an owner or operator that has ended, or expects to
end within 5 years, active labor in a farming or ranching
operation as a producer, retiring farmers, and non-farming
[[Page 132 STAT. 4956]]
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
[[Page 132 STAT. 4957]]
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
[[Page 132 STAT. 4958]]
``(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. <<NOTE: 7 USC 6923.>> 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;
[[Page 132 STAT. 4959]]
``(B) advising the Secretary;
``(C) coordinating with the agencies and officials
of the Department to update relevant programs;
``(D) engaging in stakeholder relations and
developing external partnerships;
``(E) identifying common State and municipal best
practices for navigating local policies;
``(F) coordinating networks of community gardens and
facilitating connections to local food banks, in
partnership with the Food and Nutrition Service; and
``(G) collaborating with other Federal agencies.
``(b) Urban Agriculture and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish an
Urban Agriculture and Innovative Production Advisory Committee
(referred to in this subsection as the `Committee') to advise
the Secretary on--
``(A) the development of policies and outreach
relating to urban, indoor, and other emerging
agricultural production practices; and
``(B) any other aspects of the implementation of
this section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of 12 members, of whom--
``(i) 4 shall be individuals who are
agricultural producers, of whom--
``(I) 2 individuals shall be
agricultural producers located in an
urban area or urban cluster; and
``(II) 2 individuals shall be
farmers that use innovative technology;
``(ii) 2 shall be representatives from an
institution of higher education or extension
program;
``(iii) 1 shall be an individual who
represents a nonprofit organization, which may
include a public health, environmental, or
community organization;
``(iv) 1 shall be an individual who represents
business and economic development, which may
include a business development entity, a chamber
of commerce, a city government, or a planning
organization;
``(v) 1 shall be an individual with supply
chain experience, which may include a food
aggregator, wholesale food distributor, food hub,
or an individual who has direct-to-consumer market
experience;
``(vi) 1 shall be an individual from a
financing entity; and
``(vii) 2 shall be individuals with related
experience or expertise in urban, indoor, and
other emerging agriculture production practices,
as determined by the Secretary.
``(B) Initial appointments.--The Secretary shall
appoint the members of the Committee not later than 180
days after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
[[Page 132 STAT. 4960]]
``(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
[[Page 132 STAT. 4961]]
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;
[[Page 132 STAT. 4962]]
``(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
[[Page 132 STAT. 4963]]
(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 132 STAT. 4964]]
``(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
[[Page 132 STAT. 4965]]
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. <<NOTE: 7 USC 6934a.>> 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.--
[[Page 132 STAT. 4966]]
``(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.
[[Page 132 STAT. 4967]]
``(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. <<NOTE: 7 USC 6934b.>> AGRICULTURAL YOUTH
ORGANIZATION COORDINATOR.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Agricultural Youth Organization Coordinator.
``(b) Duties.--The Agricultural Youth Organization Coordinator
shall--
``(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
``(2) work to help build youth awareness of the reach and
importance of agriculture, across a diversity of fields and
disciplines;
``(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department to
youth-serving organizations and school-based agricultural
education, including the development of internship
opportunities;
``(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with,
and support of, youth-serving organizations and school-based
agricultural education;
``(5) provide information to youth involved in food and
agriculture organizations concerning the availability of, and
[[Page 132 STAT. 4968]]
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)--
[[Page 132 STAT. 4969]]
(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
[[Page 132 STAT. 4970]]
``(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--
[[Page 132 STAT. 4971]]
(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) <<NOTE: 7 USC 6918 note.>> Succession.--Any official who is
serving as the Assistant Secretary of Agriculture for Congressional
Relations on the date of enactment of this Act and who was appointed by
the President, by and with the advice and consent of the Senate, shall
not be required to be reappointed as a result of the change made to the
name of that position under the amendment made by subsection (a).
SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6919) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(5) establish and periodically update the website
described in subsection (d); and
``(6) in carrying out the duties described in paragraphs (1)
through (5), consult with and provide technical assistance to
any Federal agency, including the Department of Defense, the
Department of Veterans Affairs, the Small Business
Administration, and the Department of Labor.''; and
[[Page 132 STAT. 4972]]
(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;
[[Page 132 STAT. 4973]]
``(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
[[Page 132 STAT. 4974]]
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--
[[Page 132 STAT. 4975]]
(1) in the section heading, by striking ``consolidated
farm'' and inserting ``farm'';
(2) in subsection (b), in the subsection heading, by
striking ``of Consolidated Farm Service Agency''; and
(3) by striking ``Consolidated Farm'' each place it appears
and inserting ``Farm''.
(b) Conforming Amendments.--
(1) Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) is amended--
(A) in subsection (c), by striking ``Consolidated
Farm'' each place it appears and inserting ``Farm''; and
(B) in subsection (e)(2), by striking ``Consolidated
Farm'' each place it appears and inserting ``Farm''.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(3) Section 275(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
(a) Office of Risk Management.--Section 226A(d)(1) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(d)(1)) is
amended by striking ``Under Secretary of Agriculture for Farm and
Foreign Agricultural Services'' and inserting ``Under Secretary of
Agriculture for Farm Production and Conservation''.
(b) Multiagency Task Force.--Section 242(b)(3) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6952(b)(3)) is amended
by striking ``Under Secretary for Farm and Foreign Agricultural
Services'' and inserting ``Under Secretary of Agriculture for Farm
Production and Conservation''.
(c) Food Aid Consultative Group.--Section 205(b)(2) of the Food for
Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking ``Under Secretary
of Agriculture for Farm and Foreign Agricultural Services'' and
inserting ``Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs''.
(d) Interagency Committee on Minority Careers in International
Affairs.--Section 625(c)(1)(A) of the Higher Education Act of 1965 (20
U.S.C. 1131c(c)(1)(A)) is amended by striking ``Under Secretary'' and
all that follows through ``designee'' and inserting ``Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs, or the designee
of that Under Secretary''.
SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) Changing Name of Office.--
(1) In general.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is
amended--
(A) in the section heading, by striking ``advocacy
and outreach'' and inserting ``partnerships and public
engagement''; and
(B) by striking ``Advocacy and Outreach'' each place
it appears in subsections (a)(2), (b)(1), and (d)(4)(B)
and inserting ``Partnerships and Public Engagement''.
[[Page 132 STAT. 4976]]
(2) <<NOTE: 7 USC 6934 note.>> 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
[[Page 132 STAT. 4977]]
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. <<NOTE: 7 USC 6946.>> 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,
[[Page 132 STAT. 4978]]
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--
[[Page 132 STAT. 4979]]
(1) in the subsection heading, by striking ``Research,
Education, and Extension Office'' and inserting ``Office of the
Chief Scientist'';
(2) in paragraph (1), by striking ``Research, Education, and
Extension Office'' and inserting ``Office of the Chief
Scientist'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Research, Education, and Extension Office''
and inserting ``Office of the Chief Scientist'';
(4) in paragraph (3)(C), by striking ``subparagraph (A)
shall not exceed 4 years'' and inserting ``clauses (i) and (iii)
of subparagraph (A) shall be for not less than 3 years'';
(5) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(6) by inserting after paragraph (3) the following:
``(4) Additional leadership duties.--In addition to
selecting the Division Chiefs under paragraph (3), using
available personnel authority under title 5, United States Code,
the Under Secretary shall select personnel--
``(A) to oversee implementation, training, and
compliance with the scientific integrity policy of the
Department;
``(B)(i) to integrate strategic program planning and
evaluation functions across the programs of the
Department; and
``(ii) to help prepare the annual report to Congress
on the relevance and adequacy of programs under the
jurisdiction of the Under Secretary;
``(C) to assist the Chief Scientist in coordinating
the international engagements of the Department with the
Department of State and other international agencies and
offices of the Federal Government; and
``(D) to oversee other duties as may be required by
Federal law or Department policy.'';
(7) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking
``Notwithstanding'' and inserting the following:
``(i) Authorization of appropriations.--There
is authorized to be appropriated such sums as are
necessary to fund the costs of Division personnel.
``(ii) Additional funding.--In addition to
amounts made available under clause (i),
notwithstanding''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at the
end;
(ii) in clause (ii), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) provides strong staff continuity to
the Office of the Chief Scientist.''; and
(8) in paragraph (6) (as so redesignated), by striking
``Research, Education and Extension Office'' and inserting
``Office of the Chief Scientist''.
(b) Conforming Amendments.--
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended
by striking ``Research, Education and Extension Office'' and
inserting ``Office of the Chief Scientist''.
[[Page 132 STAT. 4980]]
(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. <<NOTE: 7 USC 7007.>> 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.--
[[Page 132 STAT. 4981]]
``(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) <<NOTE: 7 USC 6911 note.>> 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) <<NOTE: 7 USC 6918 note.>> Effective date.--The
amendments made by paragraph (1) take effect on the effective
date described in section 6(a)
[[Page 132 STAT. 4982]]
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,''.
[[Page 132 STAT. 4983]]
(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) <<NOTE: 34 USC 20127.>> Emergency and Transitional Pet Shelter
and Housing Assistance Grant Program.--
(1) Grant program.--
(A) In general.--The Secretary, acting in
consultation with the Office of the Violence Against
Women of the Department of Justice, the Secretary of
Housing and Urban Development, and the Secretary of
Health and Human Services, shall award grants under this
subsection to eligible entities to carry out programs to
provide the assistance described in paragraph (3) with
respect to victims of domestic violence, dating
violence, sexual assault, or stalking and the pets,
service animals, emotional support animals, or horses of
such victims.
(B) Memorandum of understanding.--The Secretary may
enter into a memorandum of understanding with the head
of another Department or agency, as appropriate, to
carry out any of the authorities provided to the
Secretary under this section.
(2) Application.--
(A) In general.--An eligible entity seeking a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require, including--
(i) a description of the activities for which
a grant under this subsection is sought;
(ii) such assurances as the Secretary
determines to be necessary to ensure compliance by
the entity with the requirements of this
subsection; and
(iii) a certification that the entity, before
engaging with any individual domestic violence
victim, will disclose to the victim any mandatory
duty of the entity
[[Page 132 STAT. 4984]]
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
[[Page 132 STAT. 4985]]
(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--
[[Page 132 STAT. 4986]]
(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
[[Page 132 STAT. 4987]]
(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. <<NOTE: 7 USC 6924.>> FOOD LOSS AND WASTE REDUCTION
LIAISON.
``(a) Establishment.--The Secretary shall establish a Food Loss and
Waste Reduction Liaison to coordinate Federal, State, local, and
nongovernmental programs, and other efforts, to measure and reduce the
incidence of food loss and waste in accordance with this section.
``(b) In General.--The Food Loss and Waste Reduction Liaison shall--
``(1) coordinate food loss and waste reduction efforts
within the Department of Agriculture and with other Federal
agencies, including the Environmental Protection Agency and the
Food and Drug Administration;
``(2) support and promote Federal programs to measure and
reduce the incidence of food loss and waste and increase food
recovery;
``(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery, including information about the availability of, and
eligibility requirements for, participation in Federal, State,
local, and nongovernmental programs;
``(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act
[[Page 132 STAT. 4988]]
(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.
[[Page 132 STAT. 4989]]
(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.
[[Page 132 STAT. 4990]]
SEC. 12508. <<NOTE: 7 USC 2266a.>> 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. <<NOTE: 25 USC 4301 note.>> TRIBAL PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise Zone''
means an area that--
[[Page 132 STAT. 4991]]
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section referred
to as a ``nominated zone'');
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone, after
consultation with the Secretary of Commerce, the Secretary of
Education, the Attorney General, the Secretary of the Interior,
the Secretary of Housing and Urban Development, the Secretary of
Health and Human Services, the Secretary of Labor, the Secretary
of the Treasury, the Secretary of Transportation, and other
agencies as appropriate.
(b) Authorization and Number of Designations.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall nominate a
minimum number of nominated zones, as determined by the Secretary in
consultation with Indian tribes, to be designated as Tribal Promise
Zones.
(c) Period of Designations.--
(1) In general.--The Secretary shall designate nominated
zones as Tribal Promise Zones before January 1, 2020.
(2) Effective dates of designations.--The designation of any
Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in
Federal grant programs and initiatives (other than this
section), upon execution of the Tribal Promise Zone
agreement with the Secretary; and
(B) for purposes of this section, on January 1 of
the first calendar year beginning after the date of the
execution of the Tribal Promise Zone agreement.
(3) Termination of designations.--The designation of any
Tribal Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not
described in paragraph (4), the end of the 10-year
period beginning on the date that such designation takes
effect; or
(ii) with respect to a Tribal Promise Zone described
in paragraph (4), the end of the 10-year period
beginning on the date the area was designated as a
Tribal Promise Zone before the date of the enactment of
this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In the
case of any area designated as a Tribal Promise Zone by the
Secretary before the date of the enactment of this Act, such
area shall be deemed a Tribal Promise Zone designated under this
section (notwithstanding whether any such designation has been
revoked before the date of the enactment of this Act) and shall
reduce the number of Tribal Promise Zones remaining to be
designated under paragraph (1).
(d) Limitations on Designations.--No area may be designated under
this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory to
the Secretary that the competitiveness plan described in the
application under subsection (e) for such area will be
implemented and that such entities will provide the Secretary
with
[[Page 132 STAT. 4992]]
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
[[Page 132 STAT. 4993]]
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);
[[Page 132 STAT. 4994]]
(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;
[[Page 132 STAT. 4995]]
(cc) Internet service
providers, including regional or
rural fixed and mobile broadband
Internet access service
providers and telecommunications
infrastructure providers;
(dd) representatives from
the electric cooperative
industry;
(ee) representatives from
the satellite industry;
(ff) representatives from
precision agriculture equipment
manufacturers, including drone
manufacturers, manufacturers of
autonomous agricultural
machinery, and manufacturers of
farming robotics technologies;
(gg) representatives from
State and local governments; and
(hh) representatives with
relevant expertise in broadband
network data collection,
geospatial analysis, and
coverage mapping; and
(ii) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(B) Period of appointment; vacancies.--
(i) In general.--A member of the Committee
appointed under subparagraph (A)(i) shall serve
for a single term of 2 years.
(ii) Vacancies.--Any vacancy in the Task
Force--
(I) shall not affect the powers of
the Task Force; and
(II) shall be filled in the same
manner as the original appointment.
(C) Ex-officio member.--The Secretary, or a designee
of the Secretary, shall serve as an ex-officio,
nonvoting member of the Task Force.
(5) Reports.--Not later than 1 year after the date on which
the Commission establishes the Task Force, and annually
thereafter, the Task Force shall submit to the Chairman of the
Commission a report, which shall be made public not later than
30 days after the date on which the Chairman receives the
report, that details--
(A) the status of fixed and mobile broadband
Internet access service coverage of agricultural land;
(B) the projected future connectivity needs of
agricultural operations, farmers, and ranchers; and
(C) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of
the date of the report, measurement processes.
(6) Termination.--The Commission shall renew the Task Force
every 2 years until the Task Force terminates on January 1,
2025.
(c) No Additional Funds Authorized.--No additional funds is
authorized to be appropriated to carry out this section. This section
shall be carried out using amounts otherwise authorized.
SEC. 12512. <<NOTE: 7 USC 5856.>> IMPROVEMENTS TO UNITED STATES
DROUGHT MONITOR.
(a) In General.--The Secretary shall coordinate with the Director of
the National Drought Mitigation Center and the
[[Page 132 STAT. 4996]]
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. <<NOTE: 7 USC 1632d.>> 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;
[[Page 132 STAT. 4997]]
(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
[[Page 132 STAT. 4998]]
(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--
[[Page 132 STAT. 4999]]
(A) shall provide not less than 3 awards to eligible
entities described in subsection (d) for the purposes of
carrying out the activities under subsection (f); and
(B) is encouraged to award funds under subparagraph
(A) in multiyear funding allocations.
(2) Use of funds.--Not less than 50 percent of the funds
made available under subsection (i) shall be allocated to grants
under subsection (f)(3).
(3) Priority.--An entity hosting an initiative shall give
priority to the provision of direct assistance under subsection
(f)(1) and grants under subsection (f)(3) to--
(A) dairy farms and dairy businesses with limited
access to other forms of assistance;
(B) employee-owned dairy businesses;
(C) cooperatives; and
(D) dairy businesses that seek to create dairy
products that add substantial value in processing or
marketing, such as specialty cheeses.
(4) Requirement.--Assistance or a grant shall not be made
available to a foreign person making direct investment (as those
terms are defined in section 801.2 of title 15, Code of Federal
Regulations (or successor regulations)) in the United States in
the case of--
(A) direct assistance under subsection (f)(1) that
is provided to a specific dairy business and is not
publicly available, as determined by the Secretary; or
(B) a grant under subsection (f)(3).
(5) Supplementation.--To the extent practicable, the
Secretary shall ensure that funds provided to an initiative
supplement, and do not duplicate or replace, existing dairy
product research, development, and promotion activities.
(h) Report.--Not later than January 31, 2022, the Secretary shall
submit to Congress a report on the outcomes of the program under this
section and any related activities and opportunities to further increase
dairy innovation.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each fiscal year.
SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF FOOD
AND AGRICULTURE AND OTHER EXTENSION
PROGRAMS.
(a) In General.--Not later than 2 years after the date on which the
census of agriculture required to be conducted in calendar year 2017
under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C.
2204g) is released, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the funding necessary to adequately address the needs of the
National Institute of Food and Agriculture, activities carried out under
the Smith-Lever Act (7 U.S.C. 341 et seq.), and research and extension
programs carried out at an 1890 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7601)) or an institution designated under the Act of July 2,
1862 (commonly known as the ``First Morrill Act'') (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.), to provide adequate services for the
[[Page 132 STAT. 5000]]
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. <<NOTE: 7 USC 2160.>> 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. <<NOTE: 21 USC 343 note.>> 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''.
[[Page 132 STAT. 5001]]
SEC. 12518. <<NOTE: 16 USC 1725b.>> 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. <<NOTE: 7 USC 2279j.>> 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. <<NOTE: 7 USC 2279k.>> 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
[[Page 132 STAT. 5002]]
(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
[[Page 132 STAT. 5003]]
for which an audit report has been submitted under section
706(f)(2)(B) as of the beginning of the calendar year for which
the amount that may be obligated is being determined, less the
estimate made pursuant to paragraph (1) for that most recent
calendar year; and
``(3) amounts permitted in preceding calendar years to be
obligated pursuant to this subsection that have not been
obligated.
``(b) Excess Amounts Deposited in Escrow Account.--Assessments
collected under section 707 in excess of the amount permitted to be
obligated under subsection (a) in a calendar year shall be deposited in
an escrow account for the duration of the covered period.
``(c) Treatment of Amounts in Escrow Account.--
``(1) In general.--During the covered period, the Alliance
may not obligate, expend, or borrow against amounts required
under subsection (b) to be deposited in the escrow account.
``(2) Interest.--Any interest earned on amounts described in
paragraph (1) shall be--
``(A) deposited in the escrow account; and
``(B) unavailable for obligation for the duration of
the covered period.
``(d) Release of Amounts in Escrow Account.--Beginning on October 1,
2028, the Alliance may withdraw and obligate any amount in the escrow
account.
``(e) Covered Period Defined.--In this section, the term `covered
period' means the period that begins on February 6, 2019, and ends on
September 30, 2028.''.
(c) Conforming Amendments.--The National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) in section 706(d)(1), by striking ``not exceed 7 percent
of the amount of assessments collected in any calendar year,
except that during the first year of operation of the Alliance
such expenses and amounts shall not exceed 10 percent of the
amount of assessments'' and inserting ``not exceed 7 percent of
the amount of assessments collected in any calendar year that
are permitted to be obligated in that calendar year''; and
(2) in section 707--
(A) in subsection (e), by inserting ``that are
permitted to be obligated'' after ``amount of
assessments collected in the State'' each place it
appears; and
(B) in subsection (f), by inserting ``and permitted
to be obligated'' after ``assessments collected'' each
place it appears.
Subtitle F--General Provisions
SEC. 12601. <<NOTE: 16 USC 704 note.>> 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
[[Page 132 STAT. 5004]]
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;
[[Page 132 STAT. 5005]]
(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)--
[[Page 132 STAT. 5006]]
(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. <<NOTE: 7 USC 7632 note.>> 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. <<NOTE: 7 USC 2204i.>> 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
[[Page 132 STAT. 5007]]
ranchers (as defined in such section) to acquire or access
farmland;
(2) the extent to which Federal programs, including
agricultural conservation easement programs, land transition
programs, and financing programs, are improving--
(A) farmland access and tenure for beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that
are necessary to improve--
(A) the ability of beginning farmers and ranchers
and socially disadvantaged farmers and ranchers to
acquire or access farmland;
(B) farmland tenure for beginning farmers and
ranchers and socially disadvantaged farmers and
ranchers; and
(C) farmland transition and succession.
(b) Farmland Ownership.--The Secretary shall collect and, not less
frequently than once every 3 years report, data and analysis on farmland
ownership, tenure, transition, and entry of beginning farmers and
ranchers and socially disadvantaged farmers and ranchers (as those terms
are defined in section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a))). In carrying out this
subsection, the Secretary shall, at a minimum--
(1) collect and distribute comprehensive reporting of trends
in farmland ownership, tenure, transition, barriers to entry,
profitability, and viability of beginning farmers and ranchers
and socially disadvantaged farmers and ranchers;
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers and
ranchers, including a regular follow-on survey to each Census of
Agriculture with results of the follow-on survey made public not
later than 3 years after the previous Census of Agriculture; and
(3) require the National Agricultural Statistics Service to
include in the Tenure, Ownership, and Transition of Agricultural
Land survey questions relating to--
(A) the extent to which non-farming landowners are
purchasing and holding onto farmland for the sole
purpose of real estate investment;
(B) the impact of these farmland ownership trends on
the successful entry and viability of beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers;
(C) the extent to which farm and ranch land with
undivided interests and no administrative authority
identified have farms or ranches operating on that land;
and
(D) the impact of land tenure patterns, categorized
by--
(i) race, gender, and ethnicity; and
(ii) region.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each fiscal years
2019 through 2023, to remain available until expended.
[[Page 132 STAT. 5008]]
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
[[Page 132 STAT. 5009]]
``(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.
[[Page 132 STAT. 5010]]
(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.--
[[Page 132 STAT. 5011]]
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Commission.
(l) Federal Advisory Committee Act.--Sections 9 and 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission or any proceeding of the Commission.
(m) Termination.--The Commission shall terminate on September 30,
2023.
SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS ACT.
(a) Geographic Boundaries for Official Agencies.--Section 7 of the
United States Grain Standards Act (7 U.S.C. 79) is amended--
(1) in subsection (f)(2)--
(A) by redesignating subparagraphs (A), (B), and (C)
as clauses (i), (iii), and (iv), respectively, and
indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``Not more'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), not
more'';
(C) in subparagraph (A) (as so designated), in the
matter preceding clause (i) (as so redesignated), by
striking ``Secretary, except that, if'' and inserting
the following: ``Secretary.
``(B) Exceptions.--Subject to subsection (g)(4)(A),
if'';
(D) in subparagraph (B) (as so designated), by
inserting after clause (i) the following:
``(ii) a person requesting inspection services
in that geographic area has not been receiving
official inspection services from the current
designated official agency for that geographic
area;''; and
(E) by adding at the end the following:
``(C) Termination of nonuse of service exception.--
The exception under subparagraph (B)(ii) may only be
terminated if all parties to that exception jointly
agree on the termination, unless terminated according to
subsection (g)(4)(A).
``(D) Restoration of certain exceptions.--
[[Page 132 STAT. 5012]]
``(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
[[Page 132 STAT. 5013]]
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. <<NOTE: 7 USC 2204j.>> 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
[[Page 132 STAT. 5014]]
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. <<NOTE: 7 USC 6925.>> 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) <<NOTE: 7 USC 6925 note.>> 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. <<NOTE: 7 USC 6622b.>> 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
[[Page 132 STAT. 5015]]
seeks assignment of a farm number under subsection (b)(1),
includes--
(A) in States that have adopted a statute consisting
of an enactment or adoption of the Uniform Partition of
Heirs Property Act, as approved and recommended for
enactment in all States by the National Conference of
Commissioners on Uniform State Laws in 2010--
(i) a court order verifying the land meets the
definition of heirs property (as defined in that
Act); or
(ii) a certification from the local recorder
of deeds that the recorded owner of the land is
deceased and not less than 1 heir of the recorded
owner of the land has initiated a procedure to
retitle the land in the name of the rightful heir;
(B) a fully executed, unrecorded tenancy-in-common
agreement that sets out ownership rights and
responsibilities among all of the owners of the land
that--
(i) has been approved by a majority of the
ownership interests in that property;
(ii) has given a particular owner the right to
manage and control any portion or all of the land
for purposes of operating a farm or ranch; and
(iii) was validly entered into under the
authority of the jurisdiction in which the land is
located;
(C) the tax return of a farm operator farming a
property with undivided interests for each of the 5
years preceding the date on which the farm operator
submits the tax returns as eligible documentation under
subsection (b);
(D) self-certification that the farm operator has
control of the land for purposes of operating a farm or
ranch; and
(E) any other documentation identified by the
Secretary under subsection (c).
(2) Farm number.--The term ``farm number'' has the meaning
given the term in section 718.2 of title 7, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(b) Farm Number.--
(1) In general.--The Secretary shall provide for the
assignment of a farm number to any farm operator who provides
any form of eligible documentation for purposes of demonstrating
that the farm operator has control of the land for purposes of
defining that land as a farm.
(2) Eligibility.--Any farm number provided under paragraph
(1) shall be sufficient to satisfy any requirement of the
Secretary to have a farm number to participate in a program of
the Secretary.
(c) Eligible Documentation.--The Secretary shall identify
alternative forms of eligible documentation that a farm operator may
provide in seeking the assignment of a farm number under subsection
(b)(1).
SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE
TERRITORIES.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) in subsection (a)--
[[Page 132 STAT. 5016]]
(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) <<NOTE: 7 USC 2156 note.>> 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. <<NOTE: 16 USC 1538 note.>> 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,
[[Page 132 STAT. 5017]]
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. <<NOTE: 16 USC 3847.>> 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).
[[Page 132 STAT. 5018]]
``(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)''.
Approved December 20, 2018.
LEGISLATIVE HISTORY--H.R. 2:
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HOUSE REPORTS: Nos. 115-661 (Comm. on Agriculture) and 115-1072 (Comm.
of Conference).
CONGRESSIONAL RECORD, Vol. 164 (2018):
May 16-18, considered and failed House.
June 21, considered and passed House.
June 27, 28, considered and passed Senate, amended.
Dec. 11, Senate agreed to the conference report.
Dec. 12, House agreed to the conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 20, Presidential remarks and statement.
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