US Codex
Bill
Notes

H.R. 2 — what changed

Agriculture Improvement Act of 2018

From Engrossed in House to Enrolled Bill. 201 sections amended, 273 added, and 216 removed between Engrossed in House and Enrolled Bill.

Section 1 Short title; table of contents

(a)
changed Short title— This Act may be cited as the “Agriculture and Nutrition Improvement Act of 2018”.
(b)
Table of contents— The table of contents for this Act is as follows:

Sec. 1111 Definitions

removed

removed In this subtitle and subtitle B:

(1)
removed Actual crop revenue— The term actual crop revenue, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1117(b).
(2)
removed Agriculture risk coverage— The term agriculture risk coverage means coverage provided under section 1117.
(3)
removed Agriculture risk coverage guarantee— The term agriculture risk coverage guarantee, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1117(c).
(4)
removed Base acres— The term base acres has the meaning given the term in section 1111(4)(A) of the Agricultural Act of 2014 (7 U.S.C. 9011(4)(A)), subject to any reallocation, adjustment, or reduction under section 1112.
(5)
removed Covered commodity— The term covered commodity means wheat, oats, and barley (including wheat, oats, and barley used for haying and grazing), corn, grain sorghum, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, seed cotton, and peanuts.
(6)
removed Effective price— The term effective price, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 1116(b) to determine whether price loss coverage payments are required to be provided for that crop year.
(7)
removed 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)
removed An amount equal to 115 percent of the reference price for such covered commodity.
(B)
removed An amount equal to the greater of—
(i)
removed the reference price for such covered commodity; or
(ii)
removed 85 percent of the average of the marketing year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price.
(8)
removed Extra long staple cotton— The term extra long staple cotton means cotton that—
(A)
removed is produced from pure strain varieties of the barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and
(B)
removed is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.
(9)
removed Marketing year average price— The term marketing year average price means the national average market price received by producers during the 12-month marketing year for a covered commodity, as determined by the Secretary.
(10)
removed Medium grain rice— The term medium grain rice includes short grain rice and temperate japonica rice.
(11)
removed Other oilseed— The term other oilseed means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.
(12)
removed Payment acres— The term payment acres, with respect to the provision of price loss coverage payments and agriculture risk coverage payments, means the number of acres determined for a farm under section 1114.
(13)
removed Payment yield— The term payment yield, for a farm for a covered commodity—
(A)
removed means the yield used to make payments pursuant to section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016); or
(B)
removed means the yield established under section 1113.
(14)
removed Price loss coverage— The term price loss coverage means coverage provided under section 1116.
(15)
removed Producer—
(A)
removed In general— The term producer means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.
(B)
removed Hybrid seed— In determining whether a grower of hybrid seed is a producer, the Secretary shall—
(i)
removed not take into consideration the existence of a hybrid seed contract; and
(ii)
removed ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title.
(16)
removed Pulse crop— The term pulse crop means dry peas, lentils, small chickpeas, and large chickpeas.
(17)
removed Reference price— The term reference price, with respect to a covered commodity for a crop year, means the following:
(A)
removed For wheat, $5.50 per bushel.
(B)
removed For corn, $3.70 per bushel.
(C)
removed For grain sorghum, $3.95 per bushel.
(D)
removed For barley, $4.95 per bushel.
(E)
removed For oats, $2.40 per bushel.
(F)
removed For long grain rice, $14.00 per hundredweight.
(G)
removed For medium grain rice, $14.00 per hundredweight.
(H)
removed For soybeans, $8.40 per bushel.
(I)
removed For other oilseeds, $20.15 per hundredweight.
(J)
removed For peanuts, $535.00 per ton.
(K)
removed For dry peas, $11.00 per hundredweight.
(L)
removed For lentils, $19.97 per hundredweight.
(M)
removed For small chickpeas, $19.04 per hundredweight.
(N)
removed For large chickpeas, $21.54 per hundredweight.
(O)
removed For seed cotton, $0.367 per pound.
(18)
removed Secretary— The term Secretary means the Secretary of Agriculture.
(19)
removed Seed cotton— The term seed cotton means unginned upland cotton that includes both lint and seed.
(20)
removed State— The term State means—
(A)
removed a State;
(B)
removed the District of Columbia;
(C)
removed the Commonwealth of Puerto Rico; and
(D)
removed any other territory or possession of the United States.
(21)
removed Temperate japonica rice— The term temperate japonica rice means rice that is grown in high altitudes or temperate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the Secretary, for the purpose of—
(A)
removed the establishment of a reference price (as required under section 1116(g)) and an effective price pursuant to section 1116; and
(B)
removed the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 1117.
(22)
removed Transitional yield— The term transitional yield has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(23)
removed United states— The term United States, when used in a geographical sense, means all of the States.
(24)
removed United states premium factor— The term United States Premium Factor means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 11/8-inch upland cotton and for Middling (M) 13/32-inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.

Sec. 1112 Base acres

removed
(a)
removed Adjustment of Base Acres—
(1)
removed In general— The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occur:
(A)
removed A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated.
(B)
removed Cropland is released from coverage under a conservation reserve contract by the Secretary.
(C)
removed The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)).
(2)
removed Special conservation reserve acreage payment rules— For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.
(b)
removed Prevention of Excess Base Acres—
(1)
removed Required reduction— If the sum of the base acres for a farm and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm so that the sum of the base acres and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.
(2)
removed Other acreage— For purposes of paragraph (1), the Secretary shall include the following:
(A)
removed Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
(B)
removed Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
(C)
removed If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (a)(1)(C).
(3)
removed Selection of acres— The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity for the farm against which the reduction required by paragraph (1) will be made.
(4)
removed Exception for double-cropped acreage— In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.
(c)
removed Reduction in Base Acres—
(1)
removed Reduction at option of owner—
(A)
removed In general— The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.
(B)
removed Effect of reduction— A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.
(2)
removed Required action by Secretary—
(A)
removed In general— The Secretary shall proportionately reduce base acres on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—
(i)
removed remains devoted to commercial agricultural production; or
(ii)
removed is likely to be returned to the previous agricultural use.
(B)
removed Requirement— The Secretary shall establish procedures to identify land described in subparagraph (A).
(3)
removed Treatment of unplanted base— In the case of a farm on which no covered commodities (including seed cotton) were planted or prevented from being planted during the period beginning on January 1, 2009, and ending on December 31, 2017, the Secretary shall allocate all base acres on the farm to unassigned crop base for which no payment shall be made under section 1116 or 1117.
(4)
removed 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. 1113 Payment yields

removed
(a)
removed Treatment of designated oilseeds—
(1)
removed In general— For the purpose of making price loss coverage payments under section 1116, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1113 of the Agricultural Act of 2014 (7 U.S.C. 9013) in accordance with this section.
(2)
removed Payment Yields for Designated Oilseeds— In the case of designated oilseeds, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent five crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero.
(3)
removed Application— This subsection shall apply to oilseeds designated after the date of the enactment of this Act.
(b)
removed Effect of Lack of Payment Yield—
(1)
removed Establishment by secretary— In the case of a covered commodity on a farm for which base acres have been established, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2).
(2)
removed Use of similarly situated farms— To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law.
(c)
removed Single opportunity to update yields in counties affected by drought—
(1)
removed Election to update— In the case of a farm that is physically located in a county in which any area of the county was rated by the U.S. Drought Monitor as having a D4 (exceptional drought) intensity for 20 or more consecutive weeks during the period beginning January 1, 2008, and ending December 31, 2012, at the sole discretion of the owner of such 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)
removed Method of updating yields for covered commodities— If the owner of a farm elects to update yields under paragraph (1), the payment yield for covered commodities on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of 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.
(3)
removed Use of county average yield— For the purposes of determining the average yield under paragraph (2), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years specified in paragraph (2) was less than 75 percent of the average of county yields for those same years for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2013 though 2017 county yield for the covered commodity.
(4)
removed Upland cotton conversion— In the case of seed cotton, for purposes of determining the average of the yield per planted acre under paragraph (2), 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.
(5)
removed 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 2019 crop year, as determined by the Secretary.

Sec. 1114 Payment acres

removed
(a)
removed Determination of Payment Acres— Subject to subsection (d), for the purpose of price loss coverage and agriculture risk coverage, the payment acres for each covered commodity on a farm shall be equal to 85 percent of the base acres for the covered commodity on the farm.
(b)
removed Effect of Minimal Payment Acres—
(1)
removed Prohibition on payments— Notwithstanding any other provision of this title, a producer on a farm may not receive price loss coverage payments or agriculture risk coverage payments if the sum of the base acres on the farm is 10 acres or less, as determined by the Secretary, 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.
(2)
removed Exceptions— Paragraph (1) does not apply to a producer that is—
(A)
removed a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or
(B)
removed a limited resource farmer or rancher, as defined by the Secretary.
(c)
removed Effect of Planting Fruits and Vegetables—
(1)
removed Reduction required— In the manner provided in this subsection, payment acres on a farm shall be reduced in any crop year in which fruits, vegetables (other than mung beans and pulse crops), or wild rice have been planted on base acres on a farm.
(2)
removed Price loss coverage and agricultural risk coverage— In the case of price loss coverage payments and agricultural risk coverage payments, the reduction under paragraph (1) shall be the amount equal to the base acres planted to crops referred to in such paragraph in excess of 15 percent of base acres.
(3)
removed Reduction exceptions— No reduction to payment acres shall be made under this subsection if—
(A)
removed cover crops or crops referred to in paragraph (1) are grown solely for conservation purposes and not harvested for use or sale, as determined by the Secretary; or
(B)
removed in any region in which there is a history of double-cropping covered commodities with crops referred to in paragraph (1) and such crops were so double-cropped on the base acres, as determined by the Secretary.
(4)
removed 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 planting, to a covered commodity for purposes of any adjustment or reduction of base acres for the farm under section 1112.
(d)
removed Unassigned crop base— The Secretary shall maintain information on base acres allocated as unassigned crop base pursuant to—
(1)
removed section 1112(c)(3); or
(2)
removed section 1112(a) of the Agricultural Act of 2014 (7 U.S.C. 9012(a)).

Sec. 1115 Producer election

removed
(a)
removed Election required— For the 2019 through 2023 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain on a covered-commodity-by-covered-commodity basis—
(1)
removed price loss coverage under section 1116; or
(2)
removed agriculture risk coverage under section 1117.
(b)
removed Effect of failure to make unanimous election— If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2019 crop year—
(1)
removed the Secretary shall not make any payments with respect to the farm for the 2019 crop year under section 1116 or 1117; and
(2)
removed the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2020 through 2023 crop years.
(c)
removed Prohibition on Reconstitution— The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election made under this section.

Sec. 1116 Price loss coverage

removed
(a)
removed Price Loss Coverage Payments— If all of the producers on a farm make the election under subsection (a) of section 1115 to obtain price loss coverage or, subject to subsection (b)(1) of such section, are deemed to have made such election under subsection (b)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered-commodity-by-covered-commodity basis if the Secretary determines that, for any of the 2019 through 2023 crop years—
(1)
removed the effective price for the covered commodity for the crop year; is less than
(2)
removed the effective reference price for the covered commodity for the crop year.
(b)
removed Effective Price— The effective price for a covered commodity for a crop year shall be the higher of—
(1)
removed the marketing year average price; or
(2)
removed the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B.
(c)
removed Payment Rate— The payment rate shall be equal to the difference between—
(1)
removed the effective reference price for the covered commodity; and
(2)
removed the effective price determined under subsection (b) for the covered commodity.
(d)
removed Payment Amount— If price loss coverage payments are required to be provided under this section for any of the 2019 through 2023 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying—
(1)
removed the payment rate for the covered commodity under subsection (c);
(2)
removed the payment yield for the covered commodity; and
(3)
removed the payment acres for the covered commodity determined under section 1114.
(e)
removed Time for Payments— If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.
(f)
removed Effective price for Barley— In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price.
(g)
removed 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(17), as adjusted by paragraph (7) of such section, multiplied by the ratio obtained by dividing—
(1)
removed the simple average of the marketing year average price of medium grain rice from the 2012 through 2016 crop years; by
(2)
removed the simple average of the marketing year average price of all rice from the 2012 through 2016 crop years.

Sec. 1117 Agriculture risk coverage

removed
(a)
removed Agriculture Risk Coverage Payments— If all of the producers on a farm make the election under section 1115(a) to obtain agriculture risk coverage, the Secretary shall make agriculture risk coverage payments to producers on the farm if the Secretary determines that, for any of the 2019 through 2023 crop years—
(1)
removed the actual crop revenue determined under subsection (b) for the crop year; is less than
(2)
removed the agriculture risk coverage guarantee determined under subsection (c) for the crop year.
(b)
removed Actual crop revenue— The amount of the actual crop revenue for a county for a crop year of a covered commodity shall be equal to the product obtained by multiplying—
(1)
removed the actual average county yield per planted acre for the covered commodity, as determined by the Secretary; and
(2)
removed the higher of—
(A)
removed the marketing year average price; or
(B)
removed the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B.
(c)
removed Agriculture Risk Coverage Guarantee—
(1)
removed In general— The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 86 percent of the benchmark revenue.
(2)
removed Benchmark revenue— The benchmark revenue shall be equal to the product obtained by multiplying—
(A)
removed subject to paragraph (3), the average historical county yield as determined by the Secretary for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and
(B)
removed subject to paragraph (4), the marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.
(3)
removed Yield conditions— If the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 70 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) shall be 70 percent of the transitional yield.
(4)
removed Reference price— If the marketing year average price for any of the 5 most recent crop years is lower than the reference price for the covered commodity, the Secretary shall use the reference price for any of those years for the amounts in paragraph (2)(B).
(d)
removed Payment Rate— The payment rate for a covered commodity in a county shall be equal to the lesser of—
(1)
removed the amount that—
(A)
removed the agriculture risk coverage guarantee for the crop year applicable under subsection (c); exceeds
(B)
removed the actual crop revenue for the crop year applicable under subsection (b); or
(2)
removed 10 percent of the benchmark revenue for the crop year applicable under subsection (c).
(e)
removed Payment Amount— If agriculture risk coverage payments are required to be paid for any of the 2019 through 2023 crop years, the amount of the agriculture risk coverage payment for the crop year shall be determined by multiplying—
(1)
removed the payment rate for the covered commodity determined under subsection (d); and
(2)
removed the payment acres for the covered commodity determined under section 1114.
(f)
removed Time for Payments— If the Secretary determines that agriculture risk coverage payments are required to be provided for the covered commodity, payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.
(g)
removed Additional Duties of the Secretary— In providing agriculture risk coverage, the Secretary shall—
(1)
removed to the maximum extent practicable, use all available information and analysis, including data mining, to check for anomalies in the determination of agriculture risk coverage payments;
(2)
removed calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;
(3)
removed assign an actual or benchmark county yield for each planted acre for the crop year for the covered commodity—
(A)
removed for a county for which county data collected by the Risk Management Agency is 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)
removed for a county not described in subparagraph (A) using—
(i)
removed other sources of yield information, as determined by the Secretary; or
(ii)
removed the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary; and
(4)
removed make payments, as applicable, to producers using the payment rate of the county of the physical location of the base acres of a farm.

Sec. 1118 Producer agreements

removed
(a)
removed Compliance With Certain Requirements—
(1)
removed Requirements— Before the producers on a farm may receive payments under this subtitle with respect to the farm, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments—
(A)
removed to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B)
removed to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C)
removed to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary; and
(D)
removed to use the land on the farm, in a quantity equal to the attributable base acres for the farm and any base acres for an agricultural or conserving use, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary.
(2)
removed Compliance— The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).
(3)
removed Modification— At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.
(b)
removed Transfer or Change of Interest in Farm—
(1)
removed Termination—
(A)
removed In general— Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which payments under this subtitle are provided shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a).
(B)
removed Effective date— The termination shall take effect on the date determined by the Secretary.
(2)
removed Exception— If a producer entitled to a payment under this subtitle dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment in accordance with rules issued by the Secretary.
(c)
removed Acreage Reports— As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
(d)
removed Effect of Inaccurate Reports— No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against a producer on a farm for an inaccurate acreage report unless the Secretary determines that the producer on the farm knowingly and willfully falsified the acreage report.
(e)
removed Tenants and Sharecroppers— In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
(f)
removed Sharing of Payments— The Secretary shall provide for the sharing of payments made under this subtitle among the producers on a farm on a fair and equitable basis.

Sec. 1101 Definition of effective reference price

added

added Section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011) is amended—

(1)
added by redesignating paragraphs (8) through (25) as paragraphs (9) through (26), respectively; and
(2)
added by inserting after paragraph (7) the following:

added “(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:

added “(A) An amount equal to 115 percent of the reference price for such covered commodity.

added “(B) An amount equal to the greater of—

added “(i) the reference price for such covered commodity; or

added “(ii) 85 percent of the average of the marketing year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price.”

Sec. 1102 Base acres

added
(a)
added 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:

added “(A) Any acreage on the farm enrolled in—

added “(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

added “(ii) a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).”

(b)
added 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:

added “(3) Treatment of base acres on farms entirely planted to grass or pasture

added “(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.

added “(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).

added “(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

added
(a)
added Treatment of designated oilseeds— Section 1113(b) of the Agricultural Act of 2014 (7 U.S.C. 9013(b)) is amended—
(1)
added in paragraph (1), by striking “designated oilseeds” and inserting “oilseeds designated before the date of enactment of the Agriculture Improvement Act of 2018”;
(2)
added 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)
added by adding at the end the following:

added “(4) Treatment of oilseeds designated after certain date—In the case of oilseeds designated on or after the date of enactment of the Agriculture Improvement Act of 2018, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent 5 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero.”

(b)
added 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:

added “(d) Single Opportunity to Update Yields

added “(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.

added “(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—

added “(A) 90 percent;

added “(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

added “(C) subject to paragraph (3), the ratio obtained by dividing—

added “(i) the average of the 2008 through 2012 national average yield per planted acre for the covered commodity, as determined by the Secretary; by

added “(ii) the average of the 2013 through 2017 national average yield per planted acre for the covered commodity, as determined by the Secretary.

added “(3) Limitation—In no case shall the ratio obtained under paragraph (2)(C) be less than 90 percent or greater than 100 percent.

added “(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.

added “(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.

added “(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

added

added Section 1114 of the Agricultural Act of 2014 (7 U.S.C. 9014) is amended—

(1)
added in subsection (d)—
(A)
added 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)
added in paragraph (2)—
(i)
added in subparagraph (A), by striking “or” at the end;
(ii)
added in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(iii)
added by adding at the end the following:

added “(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

added “(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)).”

(2)
added in subsection (e), by adding at the end the following:

added “(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

added

added Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is amended—

(1)
added 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)
added 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)
added in subsection (c)—
(A)
added in the matter preceding paragraph (1), by inserting “or the 2019 crop year, as applicable” after “2014 crop year”;
(B)
added in paragraph (1), by inserting “or the 2019 crop year, as applicable,” after “2014 crop year”; and
(C)
added by striking paragraph (2) and inserting the following:

added “(2) subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—

added “(A) price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years; and

added “(B) the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years.”

(4)
added in subsection (g)(1), by inserting “for the 2018 crop year,” before “all of the producers”; and
(5)
added by adding at the end the following:

added “(h) Option to change election

added “(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.

added “(2) Applicability—An election change under paragraph (1) shall apply to—

added “(A) the crop year for which the election change is made; and

added “(B) each crop year thereafter until another election change is made under that paragraph.”

Sec. 1106 Price loss coverage

added

added Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is amended—

(1)
added in subsection (a)—
(A)
added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(B)
added in the matter preceding subparagraph (A) (as so redesignated)—
(i)
added by inserting “or (h)” after “subsection (a)”; and
(ii)
added by striking “determines that, for any of the 2014 through 2018 crop years—” and inserting “determines that—

added “(1) for any of the 2014 through 2018 crop years—”

(C)
added in paragraph (1)(B) (as so redesignated), by striking the period at the end and inserting “; or”; and
(D)
added by adding at the end the following:

added “(2) for any of the 2019 through 2023 crop years—

added “(A) the effective price for the covered commodity for the crop year; is less than

added “(B) the effective reference price for the covered commodity for the crop year.”

(2)
added in subsection (c)—
(A)
added by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively, and indenting appropriately;
(B)
added in the matter preceding clause (i) (as so redesignated), by striking “The payment rate” and inserting the following:

added “(1) In general

added “(A) 2014 through 2018 crop years—For the 2014 through 2018 crop years, the payment rate”

(C)
added in paragraph (1) (as so designated), by adding at the end the following:

added “(B) 2019 through 2023 crop years—For the 2019 through 2023 crop years, the payment rate shall be equal to the difference between—

added “(i) the effective reference price for the covered commodity; and

added “(ii) the effective price determined under subsection (b) for the covered commodity.”

(D)
added by adding at the end the following:

added “(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).

added “(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.”

(3)
added by striking subsection (g) and inserting the following:

added “(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—

added “(1) the simple average of the marketing year average price of medium grain rice from the 2012 through 2016 crop years; by

added “(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

added

added Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) is amended—

(1)
added in subsection (a), in the matter preceding paragraph (1)—
(A)
added by inserting “(beginning with the 2019 crop year, based on the physical location of the farm)” after “payments”; and
(B)
added by inserting “or the 2019 through 2023 crop years, as applicable” after “2014 through 2018 crop years”;
(2)
added in subsection (c)—
(A)
added in paragraph (2)—
(i)
added in subparagraph (A), by striking “paragraph (4)” and inserting “paragraphs (4) and (5)”; and
(ii)
added in subparagraph (B), by striking “(5)” and inserting “(6)”;
(B)
added in paragraph (3)—
(i)
added in subparagraph (A)(ii), by striking “(5)” and inserting “(6)”; and
(ii)
added in subparagraph (C), by striking “2018” and inserting “2023”;
(C)
added in paragraph (4)—
(i)
added by striking “If” and inserting the following:

added “(A) 2014 through 2018 crop years—Effective for the 2014 through 2018 crop years, if”

(ii)
added by adding at the end the following:

added “(B) 2019 through 2023 crop years—Effective for the 2019 through 2023 crop years, if the yield per planted acre for the covered commodity or historical county yield per planted acre for the covered commodity for any of the 5 most recent crop years, as determined by the Secretary, is less than 80 percent of the transitional yield, as determined by the Secretary, the amounts used for any of those years in paragraph (2)(A) or (3)(A)(i) shall be 80 percent of the transitional yield.”

(D)
added by redesignating paragraph (5) as paragraph (6);
(E)
added by inserting after paragraph (4) the following:

added “(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.”

(F)
added in paragraph (6) (as so redesignated)—
(i)
added by striking “Reference price.—If the national average market price” and inserting the following: “Low national average market price.—

added “(A) Reference price—For the 2014 through 2018 crop years, if the national average market price”

(ii)
added by adding at the end the following:

added “(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)
added in subsection (d)—
(A)
added in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(B)
added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(C)
added in the matter preceding subparagraph (A) (as so redesignated), by striking “The payment” and inserting the following:

added “(1) In general—The payment”

(D)
added by adding at the end the following:

added “(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)
added in subsection (e), in the matter preceding paragraph (1), by striking “2018” and inserting “2023”;
(5)
added in subsection (g)—
(A)
added in paragraph (2), by striking “to the maximum extent practicable,”;
(B)
added in paragraph (3), by striking “and” after the semicolon at the end;
(C)
added in paragraph (4)—
(i)
added in the matter preceding subparagraph (A), by inserting “effective for the 2014 through 2018 crop years,” before “in the case of”; and
(ii)
added in subparagraph (B), by striking the period at the end and inserting “; and”; and
(D)
added by adding at the end the following:

added “(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—

added “(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

added “(B) for a county not described in subparagraph (A), using—

added “(i) other sources of yield information, as determined by the Secretary; or

added “(ii) the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary.”

(6)
added by adding at the end the following:

added “(h) Publications

added “(1) County guarantee

added “(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—

added “(i) the agriculture risk coverage guarantee for county coverage determined under subsection (c)(1);

added “(ii) the average historical county yield determined under subsection (c)(2)(A); and

added “(iii) the national average market price determined under subsection (c)(2)(B).

added “(B) Timing

added “(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).

added “(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—

added “(I) the agriculture risk coverage guarantee under subparagraph (A)(i); and

added “(II) the national average market price under subparagraph (A)(iii).

added “(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.

added “(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).

added “(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—

added “(A) the sources of data used to calculate county yields under subsection (c)(2)(A) for each covered commodity—

added “(i) by county; and

added “(ii) nationally; and

added “(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).

added “(i) Administrative units

added “(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.

added “(2) Eligible counties—A county that may be divided into administrative units under this subsection is a county that—

added “(A) is larger than 1,400 square miles; and

added “(B) contains more than 190,000 base acres.

added “(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.

added “(4) Limitation—The Secretary shall—

added “(A) limit the number of counties that may be divided into administrative units under paragraph (3) to 25 counties; and

added “(B) give preference to the division of counties that have greater variation in climate, soils, and expected productivity between the proposed administrative units.

added “(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

added

added Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019) is repealed.

Sec. 1201 Extensions

(a)
changed Definition of loan commodity—In general— In this subtitle, Section 1201(b)(1) of the term loan commodity means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, Agricultural Act of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking “2018” and large chickpeas.inserting “2023”.
(b)
added Repayment— Section 1204 of the Agricultural Act of 2014 (7 U.S.C. 9034) is amended—
(b)
removed Nonrecourse loans available—
(1)
removed In general— For each of the 2019 through 2023 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.
(1)
changed Terms and conditions— The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for in subsection (e)(2)(B), in the loan commodity.matter preceding clause (i), by striking “2019”and inserting “2024”; and
(2)
added in subsection (g), by striking “2018” and inserting “2023”.
(c)
added Loan deficiency payments—
(1)
added 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)
added 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”.
(c)
removed Eligible production— The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.
(d)
removed Compliance with conservation and wetlands requirements— As a condition of the receipt of a marketing assistance loan under subsection (b), the producer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.) during the term of the loan.
(e)
removed Special rules for peanuts—
(1)
removed In general— This subsection shall apply only to producers of peanuts.
(2)
removed Options for obtaining loan— A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through—
(A)
removed a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or
(B)
removed the Farm Service Agency.
(3)
removed Storage of loan peanuts— As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree—
(A)
removed to provide the storage on a nondiscriminatory basis; and
(B)
removed to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.
(4)
removed Storage, handling, and associated costs—
(A)
removed In general— To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary.
(B)
removed Redemption and forfeiture— The Secretary shall—
(i)
removed require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and
(ii)
removed pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section.
(5)
removed Marketing— A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.
(6)
removed Reimbursable agreements and payment of administrative expenses— The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities.

Sec. 1202 Loan rates for nonrecourse marketing assistance loans

(a)
changed In General—general— For purposes of each Section 1202 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:Agricultural Act of 2014 (7 U.S.C. 9032) is amended—
(1)
changed In in subsection (a), by striking the case of wheat, $2.94 per bushel.subsection heading and inserting “2014 through 2018 crop years”;
(2)
changed In the case of corn, $1.95 per bushel.by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(3)
changed In by inserting after subsection (a) the case of grain sorghum, $1.95 per bushel.following:

added “(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:

added “(1) In the case of wheat, $3.38 per bushel.

added “(2) In the case of corn, $2.20 per bushel.

added “(3) In the case of grain sorghum, $2.20 per bushel.

added “(4) In the case of barley, $2.50 per bushel.

added “(5) In the case of oats, $2.00 per bushel.

added “(6)

added “(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.

added “(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.

added “(C) The loan rate determined under subparagraph (A) may not be equal to an amount—

added “(i) less than $0.45 per pound; or

added “(ii) more than $0.52 per pound.

added “(7) In the case of extra long staple cotton, $0.95 per pound.

added “(8) In the case of long grain rice, $7.00 per hundredweight.

added “(9) In the case of medium grain rice, $7.00 per hundredweight.

added “(10) In the case of soybeans, $6.20 per bushel.

added “(11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds:

added “(A) Sunflower seed.

added “(B) Rapeseed.

added “(C) Canola.

added “(D) Safflower.

added “(E) Flaxseed.

added “(F) Mustard seed.

added “(G) Crambe.

added “(H) Sesame seed.

added “(I) Other oilseeds designated by the Secretary.

added “(12) In the case of dry peas, $6.15 per hundredweight.

added “(13) In the case of lentils, $13.00 per hundredweight.

added “(14) In the case of small chickpeas, $10.00 per hundredweight.

added “(15) In the case of large chickpeas, $14.00 per hundredweight.

added “(16) In the case of graded wool, $1.15 per pound.

added “(17) In the case of nongraded wool, $0.40 per pound.

added “(18) In the case of mohair, $4.20 per pound.

added “(19) In the case of honey, $0.69 per pound.

added “(20) In the case of peanuts, $355 per ton.”

(4)
changed In the case of barley, $1.95 per bushel.in subsection (c) (as so redesignated), by striking “subsection (a)(11)” and inserting “subsections (a)(11) and (b)(11)”.
(5)
removed In the case of oats, $1.39 per bushel.
(6)
removed
(A)
removed 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)
removed 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)
removed The loan rate determined under subparagraph (A) may not be equal to an amount—
(i)
removed less than $0.45 per pound; or
(ii)
removed more than $0.52 per pound.
(7)
removed In the case of extra long staple cotton, $0.95 per pound.
(8)
removed In the case of long grain rice, $6.50 per hundredweight.
(9)
removed In the case of medium grain rice, $6.50 per hundredweight.
(10)
removed In the case of soybeans, $5.00 per bushel.
(11)
removed In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds:
(A)
removed Sunflower seed.
(B)
removed Rapeseed.
(C)
removed Canola.
(D)
removed Safflower.
(E)
removed Flaxseed.
(F)
removed Mustard seed.
(G)
removed Crambe.
(H)
removed Sesame seed.
(I)
removed Other oilseeds designated by the Secretary.
(12)
removed In the case of dry peas, $5.40 per hundredweight.
(13)
removed In the case of lentils, $11.28 per hundredweight.
(14)
removed In the case of small chickpeas, $7.43 per hundredweight.
(15)
removed In the case of large chickpeas, $11.28 per hundredweight.
(16)
removed In the case of graded wool, $1.15 per pound.
(17)
removed In the case of nongraded wool, $0.40 per pound.
(18)
removed In the case of mohair, $4.20 per pound.
(19)
removed In the case of honey, $0.69 per pound.
(20)
removed In the case of peanuts, $355 per ton.
(b)
changed Single County Loan Rate for Other Oilseeds—Conforming amendment— The Secretary shall establish a single loan rate in each county for each kind Section 1204(h)(1) of other oilseeds described in subsection (a)(11).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”.
(c)
removed Rule for seed cotton—
(1)
removed In general— For purposes of sections 1116(b)(2) and 1117(b)(2)(B) only, seed cotton shall be deemed to have a loan rate equal to $0.25 per pound.
(2)
removed Rule of construction— Nothing in this subsection shall be construed to authorize nonrecourse marketing assistance loans under this subtitle for seed cotton.

Sec. 1203 Economic adjustment assistance for textile mills

(a)
changed Term of Loan—2008 authority— In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term Section 1207 of 9 months beginning on the first day Food, Conservation, and Energy Act of the first month after the month in which the loan 2008 (7 U.S.C. 8737) is made.amended by striking subsection (c).
(b)
changed Extensions Prohibited—2014 authority— The Secretary may not extend Section 1207(c) of the term Agricultural Act of a marketing 2014 (7 U.S.C. 9037(c)) is amended by striking the subsection heading and inserting “Economic adjustment assistance loan for any loan commodity.textile mills”.

Sec. 1204 Special competitive provisions for extra long staple cotton

(a)
changed General Rule—In general— The Secretary shall permit Section 1208(a) of the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind Agricultural Act of sunflower seed (other than oil sunflower seed)) at a rate that 2014 (7 U.S.C. 9038(a)) is amended in the lesser of—matter preceding paragraph (1) by striking “2019” and inserting “2024”.
(1)
removed the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283));
(2)
removed a rate (as determined by the Secretary) that—
(A)
removed is calculated based on average market prices for the loan commodity during the preceding 30-day period; and
(B)
removed will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or
(3)
removed a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will—
(A)
removed minimize potential loan forfeitures;
(B)
removed minimize the accumulation of stocks of the commodity by the Federal Government;
(C)
removed minimize the cost incurred by the Federal Government in storing the commodity;
(D)
removed allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and
(E)
removed minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.
(b)
changed Repayment Rates for Upland Cotton, Long Grain Rice, and Medium Grain Rice—Payments under program; trigger— The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is Section 1208(b)(2) of the lesser of—Agricultural Act of 2014 (7 U.S.C. 9038(b)(2)) is amended by striking “134 percent” and inserting “113 percent”.
(1)
removed the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or
(2)
removed the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.
(c)
removed Repayment Rates for Extra Long Staple Cotton— Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d)
removed Prevailing World Market Price— For purposes of this section and section 1207, the Secretary shall prescribe by regulation—
(1)
removed a formula to determine the prevailing world market price for each of upland cotton, long grain rice and medium grain rice; and
(2)
removed a mechanism by which the Secretary shall announce periodically those prevailing world market prices.
(e)
removed Adjustment of Prevailing World Market Price for Upland Cotton, Long Grain Rice, and Medium Grain Rice—
(1)
removed Rice— The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location.
(2)
removed Cotton— The prevailing world market price for upland cotton determined under subsection (d)—
(A)
removed shall be adjusted to United States quality and location, with the adjustment to include—
(i)
removed a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 13/32-inch; and
(ii)
removed the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and
(B)
removed may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2024, if the Secretary determines the adjustment is necessary—
(i)
removed to minimize potential loan forfeitures;
(ii)
removed to minimize the accumulation of stocks of upland cotton by the Federal Government;
(iii)
removed to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and
(iv)
removed to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if—
(I)
removed there are insufficient current-crop price quotations; and
(II)
removed the forward-crop price quotation is the lowest such quotation available.
(3)
removed Guidelines for additional adjustments— In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.
(f)
removed Repayment Rates for Confectionery and Other Kinds of Sunflower Seeds— The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of—
(1)
removed the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or
(2)
removed the repayment rate established for oil sunflower seed.
(g)
removed Payment of Cotton Storage Costs— Effective for each of the 2019 through 2023 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 10 percent.
(h)
removed Repayment Rate for Peanuts— The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under section 1201 at a rate that is the lesser of—
(1)
removed the loan rate established for peanuts under section 1202(a)(20), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); or
(2)
removed a rate that the Secretary determines will—
(A)
removed minimize potential loan forfeitures;
(B)
removed minimize the accumulation of stocks of peanuts by the Federal Government;
(C)
removed minimize the cost incurred by the Federal Government in storing peanuts; and
(D)
removed allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.
(i)
removed Authority To Temporarily Adjust Repayment Rates—
(1)
removed Adjustment authority— In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity.
(2)
removed Duration— Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary.

Sec. 1205 Availability of recourse loans

(a)
added 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”.
(a)
removed Availability of Loan Deficiency Payments—
(1)
removed In general— Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
(2)
removed Unshorn pelts, hay, and silage—
(A)
removed Marketing assistance loans— Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201.
(B)
removed Loan deficiency payment— Effective for each of the 2019 through 2023 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.
(b)
changed Computation—Recourse loans available for contaminated commodities— A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to Section 1209 of the product obtained by multiplying—Agricultural Act of 2014 (7 U.S.C. 9039) is amended—
(1)
changed the payment rate determined under by redesignating subsection (c) for the commodity; byas subsection (d); and
(2)
changed the quantity of the commodity produced by the eligible producers, excluding any quantity for which inserting after subsection (b) the producers obtain a marketing assistance loan under section 1201.following:

added “(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.”

(c)
removed Payment Rate—
(1)
removed In general— In the case of a loan commodity, the payment rate shall be the amount by which—
(A)
removed the loan rate established under section 1202 for the loan commodity; exceeds
(B)
removed the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.
(2)
removed Unshorn pelts— In the case of unshorn pelts, the payment rate shall be the amount by which—
(A)
removed the loan rate established under section 1202 for ungraded wool; exceeds
(B)
removed the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204.
(3)
removed Hay and silage— In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—
(A)
removed the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds
(B)
removed the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.
(d)
removed Exception for Extra Long Staple Cotton— This section shall not apply with respect to extra long staple cotton.
(e)
removed Effective Date for Payment Rate Determination— The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.

Sec. 1206 Payments in lieu of loan deficiency payments for grazed acreage

removed
(a)
removed Eligible Producers—
(1)
removed In general— Effective for each of the 2019 through 2023 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.
(2)
removed Grazing of triticale acreage— Effective for each of the 2019 through 2023 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.
(b)
removed Payment Amount—
(1)
removed In general— The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying—
(A)
removed the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by
(B)
removed the payment quantity determined by multiplying—
(i)
removed the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and
(ii)
removed
(I)
removed the payment yield in effect for the calculation of price loss coverage under section 1116 with respect to that loan commodity on the farm;
(II)
removed in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect with respect to that loan commodity on the farm in the absence of such election; or
(III)
removed in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b).
(2)
removed Grazing of triticale acreage— The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying—
(A)
removed the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by
(B)
removed the payment quantity determined by multiplying—
(i)
removed the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and
(ii)
removed
(I)
removed the payment yield in effect for the calculation of price loss coverage under subtitle A with respect to wheat on the farm;
(II)
removed in the case of a farm for which agriculture risk coverage is elected under section 1117, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such election; or
(III)
removed in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield established by the Secretary in a manner consistent with section 1113(b).
(c)
removed Time, Manner, and Availability of Payment—
(1)
removed Time and manner— A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205.
(2)
removed Availability—
(A)
removed In general— The Secretary shall establish an availability period for the payments authorized by this section.
(B)
removed Certain commodities— In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle.
(d)
removed Prohibition on crop insurance indemnity or noninsured crop assistance— A 2019 through 2023 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

Sec. 1207 Special marketing loan provisions for upland cotton

removed
(a)
removed Special import quota—
(1)
removed Definition of special import quota— In this subsection, the term special import quota means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
(2)
removed Establishment—
(A)
removed In general— The President shall carry out an import quota program beginning on August 1, 2019, as provided in this subsection.
(B)
removed Program requirements— Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest priced United States growth, as quoted for Middling (M) 13/32-inch upland cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.
(3)
removed Quantity— The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary.
(4)
removed Application— The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date.
(5)
removed Overlap— A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b).
(6)
removed Preferential tariff treatment— The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of—
(A)
removed section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(B)
removed section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);
(C)
removed section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(D)
removed General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(7)
removed Limitation— The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 weeks’ consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.
(b)
removed Limited global import quota for upland cotton—
(1)
removed Definitions— In this subsection:
(A)
removed Demand— The term demand means—
(i)
removed the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary; and
(ii)
removed the larger of—
(I)
removed average exports of upland cotton during the preceding 6 marketing years; or
(II)
removed cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.
(B)
removed Limited global import quota— The term limited global import quota means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
(C)
removed Supply— The term supply means, using the latest official data of the Department of Agriculture—
(i)
removed the carry-over of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;
(ii)
removed production of the current crop; and
(iii)
removed imports to the latest date available during the marketing year.
(2)
removed Program— The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:
(A)
removed Quantity— The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary.
(B)
removed Quantity of prior quota— If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.
(C)
removed Preferential tariff treatment— The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of—
(i)
removed section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(ii)
removed section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);
(iii)
removed section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(iv)
removed General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(D)
removed Quota entry period— When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
(3)
removed No overlap— Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a).
(c)
removed Economic adjustment assistance for textile mills—
(1)
removed In general— Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton.
(2)
removed Value of assistance— The value of the assistance provided under paragraph (1) shall be 3.15 cents per pound.
(3)
removed Allowable purposes— Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery.
(4)
removed Review or audit— The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection.
(5)
removed Improper use of assistance— If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be—
(A)
removed liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and
(B)
removed ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary.

Sec. 1208 Special competitive provisions for extra long staple cotton

removed
(a)
removed Competitiveness Program— Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2024, the Secretary shall carry out a program—
(1)
removed to maintain and expand the domestic use of extra long staple cotton produced in the United States;
(2)
removed to increase exports of extra long staple cotton produced in the United States; and
(3)
removed to ensure that extra long staple cotton produced in the United States remains competitive in world markets.
(b)
removed Payments under program; trigger— Under the program, the Secretary shall make payments available under this section whenever—
(1)
removed for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and
(2)
removed the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 113 percent of the loan rate for extra long staple cotton.
(c)
removed Eligible Recipients— The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section.
(d)
removed Payment Amount— Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period.

Sec. 1209 Availability of recourse loans

removed
(a)
removed High moisture feed grains—
(1)
removed Definition of high moisture state— In this subsection, the term high moisture state means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 1201.
(2)
removed Recourse loans available— For each of the 2019 through 2023 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that—
(A)
removed normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;
(B)
removed present—
(i)
removed certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or
(ii)
removed field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation;
(C)
removed certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and
(D)
removed comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.
(3)
removed Eligibility of acquired feed grains— A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying—
(A)
removed the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by
(B)
removed the lower of—
(i)
removed the payment yield in effect for the calculation of price loss coverage under section 1116, or the payment yield deemed to be in effect or established under subclause (II) or (III) of section 1206(b)(1)(B)(ii), with respect to corn or grain sorghum on a field that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained; or
(ii)
removed the actual yield of corn or grain sorghum on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum referred to in subparagraph (A) was obtained.
(b)
removed Recourse loans available for seed cotton— For each of the 2019 through 2023 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.
(c)
removed 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.
(d)
removed Repayment Rates— Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).

Sec. 1210 Adjustments of loans

removed
(a)
removed Adjustment authority— Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.
(b)
removed Manner of adjustment— The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitle C.
(c)
removed Cost saving option— In carrying out this title, the Secretary shall consider methods to enhance the support, loan, or assistance provided under this title in a manner that further minimizes the potential for forfeitures.
(d)
removed Adjustment on county basis—
(1)
removed In general— The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2)
removed Prohibition— Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
(e)
removed Adjustment in loan rate for cotton—
(1)
removed In general— The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.
(2)
removed Types of adjustments— Loan rate adjustments under paragraph (1) may include—
(A)
removed the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
(B)
removed adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and
(C)
removed such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3).
(3)
removed Consultation with private sector—
(A)
removed Prior to revision— In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry.
(B)
removed Inapplicability of Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection.
(4)
removed Review of adjustments— The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further adjustments to the administration of the loan program for upland cotton, by revoking or revising any adjustment taken under paragraph (2).
(f)
removed Rice— The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields).
(g)
removed Continuation of authority— Section 166 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286) is amended by striking “and Subtitle B of title I of the Agricultural Act of 2014” each place it appears and inserting “subtitle B of title I of the Agricultural Act of 2014, and subtitle B of title I of the Agriculture and Nutrition Act of 2018”.

Sec. 1301 Sugar policy

(a)
changed Continuation of Current Program and Loan Rates—Sugar program—
(1)
changed Sugarcane— Section 156(a)(4) 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(4)) 7272(a)) is amended by striking “2018” and inserting “2023”.amended—
(A)
added in paragraph (3), by striking “and” at the end;
(B)
added in paragraph (4), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(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”.

Sec. 1401 Dairy margin coverage

(a)
changed 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 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 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)
changed Corn silage report— Not later than 1 year 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 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)
changed Collection of alfalfa hay data— Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture, 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)
changed in paragraph (3), by striking “If” and inserting “Subject to redesignating paragraph (5), if”; (4) as paragraph (5); and
(2)
changed by adding at the end striking paragraph (3) and inserting the following new paragraph:following:

changed “(5) Certain multiproducer dairy operation exclusions“(3) Election period for 2019 calendar year—For the 2019 calendar year, the Secretary shall—

changed “(A) Exclusion of low-percentage owners—To promote administrative efficiency in open the dairy risk management program, a multiproducer dairy operation covered by paragraph (3) may elect, at election period not later than 60 days after the option effective date described in section 1401(m) of the multiproducer dairy operation, to exclude information from the registration process regarding any individual owner Agriculture Improvement Act of the multiproducer dairy operation that—2018; and

changed “(i) holds “(B) hold that election period open for not less than a five percent ownership interest in the multiproducer dairy operation; or90 days.

changed “(ii) is entitled to less than five percent of the income, revenue, profit, gain, loss, expenditure, deduction, or credit “(4) Treatment of the multiproducer dairy operation for any given year.operation

changed “(B) Effect of exclusion on dairy risk management payments—To the extent that an individual owner of “(A) In general—If a multiproducer participating dairy operation is excluded under subparagraph (A) from the registration of the multiproducer operated by more than 1 dairy operation, any producer, the dairy risk management payment made to producers of the multiproducer dairy operation who elect to participate shall be reduced by an amount equal to the greater treated as a single dairy operation for purposes of the following:participating in dairy margin coverage.

changed “(i) The amount determined by multiplying “(B) Rule of construction—Subparagraph (A) shall not be construed to allow a producer to adjust the dairy risk management payment otherwise determined proportion of their share covered under section 1406 by tier I or tier II premiums from the total percentage of ownership interests represented by proportion covered for the excluded owners.operation.”

(e)
added Relation to livestock gross margin for dairy program—
(1)
added In general— Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended by striking subsection (d).

removed “(ii) The amount determined by multiplying the dairy risk management payment otherwise determined under section 1406 by the total percentage of the income, revenue, profit, gain, loss, expenditure, deduction, or credit of the multiproducer dairy operation represented by the excluded owners.”

(e)
removed Relation to livestock gross margin for dairy program— Section 1404(d) of the Agricultural Act of 2014 (7 U.S.C. 9054(d)) is amended—
(2)
changed Retroactive program option— by striking “but not both” and inserting “but not on Section 1404(b)(2) of the same production”;Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended—
(A)
added by striking “The Secretary” and inserting the following:

added “(A) In general—The Secretary”

(B)
added by adding at the end the following:

added “(B) Retroactive program option—In the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after the date of enactment of the Agriculture Improvement Act of 2018 and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) before the date of enactment of the Bipartisan Budget Act of 2018 (Public Law 115–123).”

(2)
removed by striking “or the” and inserting “and the”; and
(3)
removed by striking “margin protection program” and inserting “dairy risk management program”.
(f)
Production history of participating dairy operators—
(1)
changed Continued use of prior dairy operation production history—Adjustment— Section 1405(a)(1) 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055(a)(1)) 9055) is amended by adding at the end the following new sentence: “The production history of a participating dairy operation shall continue to be based on annual milk marketings during the 2011, 2012, or 2013 calendar year notwithstanding the operation of the dairy risk management program through 2023.”.amended—
(A)
added in subsection (a)—
(2)
removed Adjustment— Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C. 9055(a)) is amended—
(i)
renumbered was (7)(3)(3) in paragraph (2), by striking “In subsequent years” and inserting “In the subsequent calendar years ending before January 1, 2019”; and
(ii)
added in paragraph (3), by inserting “, as applicable” after “paragraph (2)”; and
(B)
added in subsection (b)—
(i)
added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(ii)
added in the matter preceding subparagraph (A) (as so redesignated), by striking “In the case” and inserting the following:

added “(1) Dairy operations with less than 1 year of production history—In the case”

(iii)
added by adding at the end the following:

added “(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.

added “(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.”

(B)
removed in paragraph (3), by inserting “, as applicable” after “paragraph (2)”.
(2)
renumbered was (7)(4) 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:

added “(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)
added 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:

added “(a) Coverage level threshold and coverage percentage

added “(1) Coverage level threshold

added “(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.

added “(B) Applicability—Except as provided in subparagraph (C), the coverage level threshold elected under subparagraph (A) shall apply to the covered production elected by the participating dairy operation under paragraph (2).

added “(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)—

added “(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

added “(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.

added “(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)
added Producer premiums— Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—

removed “(d) Limitation on changes to business structure—The Secretary may not make dairy risk management 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)
removed Dairy risk management payments—
(1)
removed Election of coverage level threshold and coverage percentage— Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—
(A)
removed in subsection (a), by striking “annually”; and
(B)
removed by adding at the end the following new subsection:

removed “(d) Deadline for election; duration—Not later than 90 days after the date of the enactment of this subsection, each participating dairy operation shall elect a coverage level threshold under subsection (a)(1) and a coverage percentage under subsection (a)(2) to be used to determine dairy risk management payments. This election shall remain in effect for the participating dairy operation for the duration of the dairy risk management program, as specified in section 1409.”

(2)
removed Additional coverage level thresholds for certain producers— Section 1406(a)(1) of the Agricultural Act of 2014 (7 U.S.C. 9056(a)(1)) is amended by inserting after “or $8.00” the following: “(and in the case of production subject to premiums under section 1407(b), also $8.50 or $9.00)”.
(3)
removed Election of production history coverage percentage— Section 1406(a)(2) of the Agricultural Act of 2014 (7 U.S.C. 9056(a)(2)) is amended by striking “beginning with 25 percent and not exceeding” and inserting “but not to exceed”.
(h)
removed Premiums for participation in dairy risk management program—
(1)
removed Premium per hundredweight for first 5 million pounds of production— Section 1407(b) of the Agricultural Act of 2014 (7 U.S.C. 9057(b)) is amended—
(A)
removed by striking paragraph (2) and inserting the following new paragraph:

removed “(2) Producer premiums—The following annual premiums apply:”

(B)
removed by striking paragraph (3).
(1)
changed Technical correction— Section 1407(d) of the Agricultural Act of 2014 (7 U.S.C. 9057(d)) is amended in the subsection heading (b), by striking “Time for” paragraphs (2) and (3) and inserting “Method of”.the following:

added “(2) Producer premiums—Except as provided in subsection (g), the following annual premiums apply:”

(2)
added in subsection (c), by striking paragraph (2) and inserting the following:

added “(2) Producer premiums—Except as provided in subsection (g), the following annual premiums apply:”

(i)
added 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:

added “(f) Repayment of premiums

added “(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—

added “(A) the total amount of premiums paid by the participating dairy operation under this section for each applicable calendar year; and

added “(B) the total amount of payments made to the participating dairy operation under section 1406 for that calendar year.

added “(2) Eligibility—A dairy operation that is eligible to receive a repayment under paragraph (1) is a dairy operation that—

added “(A) participated in the margin protection program, as in effect for any of calendar years 2014 through 2017; and

added “(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.

added “(3) Method of repayment—A dairy operation that is eligible to receive a repayment under paragraph (1) shall elect to receive the repayment—

added “(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

added “(B) in an amount equal to 50 percent of the repayment calculated under that paragraph as a direct cash repayment.

added “(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)
added 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:

added “(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:

added “(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.

added “(2) New dairy operations—For each applicable calendar year through 2023, for a participating dairy operation that—

added “(A) establishes a production history pursuant to section 1405(b); and

added “(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.

added “(3) Full participation required—Notwithstanding the annual elections under section 1406(a)—

added “(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

added “(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)
added Conforming amendments related to program name—
(i)
removed Conforming amendments related to program name—
(1)
renumbered was (10)(2) 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:

added “I Dairy Margin Coverage”

removed “I Dairy Risk Management Program for Dairy Producers”

(2)
renumbered was (10)(3) Definitions— Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended—
(A)
renumbered was (10)(3)(3) by striking paragraphs (5) and (6) and inserting the following new paragraphs:

added “(5) Dairy margin coverage—The term dairy margin coverage means the dairy margin coverage program required by section 1403.

added “(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.”

(B)
added in paragraphs (7) and (8), by striking “the margin protection program” both places it appears and inserting “dairy margin coverage”.
(3)
added 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”.

removed “(5) Dairy risk management program—The terms dairy risk management program and program mean the dairy risk management program required by section 1403.

removed “(6) Dairy risk management payment—The term dairy risk management payment means a payment made to a participating dairy operation under the program pursuant to section 1406.”

(B)
removed in paragraphs (7) and (8), by striking “margin protection” both places it appears.
(3)
removed 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 by striking “margin protection” and inserting “dairy risk management”.
(4)
renumbered was (10)(5) Program operation— Section 1403 of the Agricultural Act of 2014 (7 U.S.C. 9053) is amended—
(A)
added by striking the section heading and inserting “DAIRY MARGIN COVERAGE”;
(B)
added by striking “Not later than September 1, 2014, the Secretary shall establish and administer a margin protection program” and inserting the following:

added “(a) In general—The Secretary shall continue to administer a dairy margin coverage program”

(C)
added in subsection (a) (as so designated), by striking “margin protection payment” both places it appears and inserting “dairy margin coverage payment”; and
(D)
added by adding at the end the following:

added “(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.”

(A)
removed in the section heading, by striking “ESTABLISHMENT OF MARGIN PROTECTION” and inserting “DAIRY RISK MANAGEMENT”;
(B)
removed by striking “Not later than September 1, 2014, the Secretary shall establish and administer a margin protection program” and inserting “The Secretary shall continue to administer a dairy risk management program”; and
(C)
removed by striking “margin protection payment” both places it appears and inserting “dairy risk management payment”.
(5)
renumbered was (10)(6) Participation— Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended—
(A)
added in the section heading, by striking “MARGIN PROTECTION PROGRAM” and inserting “DAIRY MARGIN COVERAGE”;
(B)
added 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)
added in subsections (b) and (c), by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.
(6)
added 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”.
(A)
removed in the section heading, by striking “MARGIN PROTECTION”;
(B)
removed in subsection (a), by striking “margin protection program to receive margin protection payments” and inserting “dairy risk management program to receive dairy risk management payments”; and
(C)
removed in subsections (b) and (c), by striking “margin protection” each place it appears.
(6)
removed Production history— Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended—
(A)
removed in subsection (a)(1)—
(i)
removed by striking “margin protection program” the first place it appears and inserting “dairy risk management program”; and
(ii)
removed by striking “margin protection” the second place it appears; and
(B)
removed in subsection (c), by striking “margin protection”.
(7)
renumbered was (10)(8) Payments— Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—
(A)
added in the section heading, by striking “MARGIN PROTECTION” and inserting “DAIRY MARGIN COVERAGE”;
(B)
added by striking “margin protection” each place it appears and inserting “dairy margin coverage”; and
(A)
removed in the section heading, by striking “MARGIN PROTECTION” and inserting “DAIRY RISK MANAGEMENT”;
(B)
removed by striking “margin protection” each place it appears and inserting “dairy risk management”; and
(C)
renumbered was (10)(8)(5) in the heading of subsection (c), by striking “Margin Protection”.
(8)
renumbered was (10)(9) Premiums— Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—
(A)
added in the section heading, by striking “MARGIN PROTECTION PROGRAM” and inserting “DAIRY MARGIN COVERAGE”;
(B)
added in subsection (a), in the matter preceding paragraph (1), by striking “the margin protection program” and inserting “dairy margin coverage”;
(C)
added in subsection (d), by striking “program” and inserting “dairy margin coverage”; and
(D)
added in subsection (e)—
(i)
added by striking “the margin protection program” both places it appears and inserting “dairy margin coverage”; and
(ii)
added in paragraph (2), by striking “integrity of the program” and inserting “integrity of dairy margin coverage”.
(9)
added Failure to pay administrative fees or premiums— Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended—
(A)
added in subsection (a)(2), by striking “margin protection” and inserting “dairy margin coverage”; and
(B)
added in subsection (b), by striking “the margin protection program” and inserting “dairy margin coverage”.
(10)
added Administration and enforcement— Section 1410 of the Agricultural Act of 2014 (7 U.S.C. 9060) is amended—
(A)
added in subsections (a) and (c), by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”; and
(B)
added in subsection (b), by striking “margin protection” and inserting “dairy margin coverage”.
(A)
removed in the section heading, by striking “MARGIN PROTECTION” and inserting “DAIRY RISK MANAGEMENT”;
(B)
removed in subsection (a), by striking “margin protection program” and inserting “dairy risk management program”; and
(C)
removed in subsection (e), by striking “margin protection” both places it appears.
(9)
removed Penalties— Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended by striking “margin protection” both places it appears and inserting “dairy risk management”.
(10)
removed Administration and enforcement— Section 1410 of the Agricultural Act of 2014 (7 U.S.C. 9060) is amended by striking “margin protection” each place it appears and inserting “dairy risk management”.
(j)
removed Effective date— The amendments made by this section shall take effect 60 days after the date of the enactment of this Act.
(l)
renumbered was (12) Duration— Section 1409 of the Agricultural Act of 2014 (7 U.S.C. 9059) is amended—
(1)
added by striking “The margin protection program” and inserting “Dairy margin coverage”; and
(1)
removed by striking “margin protection” and inserting “dairy risk management”; and
(2)
renumbered was (12)(4) by striking “2018” and inserting “2023”.
(m)
added Effective date— The amendments made by this section shall take effect on January 1, 2019.

Sec. 1402 Reauthorizations

(a)
changed Class I skim milk price—Forward pricing— Section 8c(5)(A) 1502(e) of the Agricultural Adjustment Food, Conservation, and Energy Act of 2008 (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, 8772(e)) is amended by striking “Throughout the 2-year period” and all that follows through “such handlers.” and inserting the following new sentence: “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 regulation), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7, 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 regulation), 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 regulation), plus $0.74.”.amended—
(1)
added in paragraph (1), by striking “2018” and inserting “2023”; and
(2)
added in paragraph (2), by striking “2021” and inserting “2026”.
(b)
added Indemnity program— Section 3 of Public Law 90–484 (7 U.S.C. 4553) is amended by striking “2018” and inserting “2023”.
(c)
added 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”.
(b)
removed Effective date and implementation—
(1)
removed 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 the enactment of this Act.
(2)
removed Implementation— Implementation of the amendment made by subsection (a) is not subject to any of the following:
(A)
removed The notice and comment provisions of section 553 of title 5, United States Code.
(B)
removed The notice and hearing requirements of paragraphs (3) and (4) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
(C)
removed The order amendment requirements of section 8c(17) of such Act (7 U.S.C. 608c(17)).
(D)
removed A referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).

Sec. 1403 Class I skim milk price

(a)
added 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)
added Effective date and implementation—
(1)
added 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)
added Implementation— Implementation of the amendment made by subsection (a) shall not be subject to any of the following:
(A)
added The notice and comment provisions of section 553 of title 5, United States Code.
(B)
added 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)
added The order amendment requirements of section 8c(17) of that Act (7 U.S.C. 608c(17)).
(D)
added A referendum under section 8c(19) of that Act (7 U.S.C. 608c(19)).

removed Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—

(1)
removed in paragraph (1), by striking “2018” and inserting “2023”; and
(2)
removed in paragraph (2), by striking “2021” and inserting “2026”.

Sec. 1404 Dairy product donation

(a)
added Repeal of dairy product donation program— Section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.
(b)
added Milk donation program—
(1)
added 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:

added “III Milk Donation Program

added “1431. Milk donation program

added “(a) Definitions—In this section:

added “(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—

added “(A) accounts to a Federal milk marketing order marketwide pool; and

added “(B) incurs qualified expenses under subsection (e).

added “(2) Eligible distributor—The term eligible distributor means a public or private nonprofit organization that distributes donated eligible milk.

added “(3) Eligible milk—The term eligible milk means Class I fluid milk products produced and processed in the United States.

added “(4) Eligible partnership—The term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor.

added “(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).

added “(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—

added “(1) encouraging the donation of eligible milk;

added “(2) providing nutrition assistance to individuals in low-income groups; and

added “(3) reducing food waste.

added “(c) Donation and distribution plans

added “(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—

added “(A) describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;

added “(B) includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on—

added “(i) preplanned donations; and

added “(ii) contingency plans to address unanticipated donations; and

added “(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.

added “(2) Review and approval—Not less frequently than annually, the Secretary shall—

added “(A) review donation and distribution plans submitted under paragraph (1); and

added “(B) determine whether to approve or disapprove each of those donation and distribution plans.

added “(d) Reimbursement

added “(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).

added “(2) Documentation

added “(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.

added “(B) Verification—The Secretary may verify the accuracy of documentation submitted under subparagraph (A) by spot checks and audits.

added “(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.

added “(e) Qualified expenses

added “(1) In general—The amount of a reimbursement under subsection (d) shall be an amount equal to the product of—

added “(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

added “(B) subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C).

added “(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).

added “(f) Preapproval

added “(1) In general—The Secretary shall—

added “(A) establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and

added “(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—

added “(i) the feasibility of the plan; and

added “(ii) the extent to which the plan advances the purposes described in subsection (b).

added “(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.

added “(3) Adjustments

added “(A) In general—The Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand.

added “(B) Requests for increase

added “(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.

added “(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.

added “(g) Prohibition on resale of products

added “(1) In general—An eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets.

added “(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.

added “(h) Administration—The Secretary shall publicize opportunities to participate in the program established under this section.

added “(i) Reviews—The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.

added “(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)
added 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”.

removed Section 3 of Public Law 90–484 (7 U.S.C. 450l) is amended by striking “2018” and inserting “2023”.

Sec. 1405 Extension of dairy promotion and research program

removed

removed 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. 1406 Repeal of dairy product donation program

removed

removed Section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.

Sec. 1501 Supplemental agricultural disaster assistance

(a)
added 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)
added by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(2)
added by inserting after clause (ii) the following:

added “(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)
renumbered was (2) 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)
renumbered was (2)(3) in paragraph (1)—
(A)
renumbered was (2)(3)(2) by striking “or” at the end of subparagraph (A);
(B)
added 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
(B)
removed by striking the period at the end of subparagraph (B) and inserting “; or”; and
(C)
renumbered was (2)(3)(4) 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.”

(2)
renumbered was (2)(4) in paragraph (4), by striking “A payment” and inserting “Payment reductions.—A payment”.
(c)
added Emergency assistance for livestock, honey bees, and farm-raised fish—
(1)
added 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)
added 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)
added Tree assistance program— Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended—
(1)
added in paragraph (3), in the matter preceding subparagraph (A), by striking “paragraph (4)” and inserting “paragraphs (4) and (5)”; and
(2)
added by adding at the end the following:

added “(5) Payment rate for beginning and veteran producers—Subject to paragraph (4), in the case of a beginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in subsection (a) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)) that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and (B) of paragraph (3).”

(e)
added 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)”.
(b)
removed Payment limitations and exclusion of gross income limitation— Section 1501(f) of the Agricultural Act of 2014 (7 U.S.C. 9081(f)) is amended—
(1)
removed in paragraph (2)—
(A)
removed by striking “this section (excluding payments received under subsections (b) and (e))” and inserting “subsection (c)”; and
(B)
removed by striking “joint venture or general partnership” and inserting “qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)))”; and
(2)
removed by adding at the end the following new paragraph:

removed “(4) Exclusion of gross income limitation—For purposes of this section only, subsection (b) of section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) shall not apply to a person or legal entity if 75 percent or greater of the average adjusted gross income (as such term is defined in subsection (a) of such section) of such person or legal entity derives from farming, ranching, or silviculture activities.”

(c)
removed Application of amendments— Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081), as amended by this section, shall apply with respect to losses described in such section 1501 incurred on or after January 1, 2017.

Sec. 1601 Noninsured crop assistance program

added Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—

(a)
removed Use of Commodity Credit Corporation— The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title.
(1)
changed Determinations by Secretary— A determination made by the Secretary under this title shall be final and conclusive.in subsection (a)—
(A)
added in paragraph (1), by adding at the end the following:

added “(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—

added “(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

added “(ii) ensures the availability of that data on a regular basis.

added “(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—

added “(i) to make available coverage under—

added “(I) the fee waiver under subsection (k)(2); or

added “(II) the premium discount under subsection (l)(3); and

added “(ii) to share eligibility information to reduce paperwork and avoid duplication.”

(B)
added in paragraph (2), by striking subparagraph (A) and inserting the following:

added “(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.”

(C)
added in paragraph (4)(B)—
(i)
added by striking clause (i) and inserting the following:

added “(i) In general

added “(I) Agricultural Act of 2014—During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to a reduction in benefits under this section as described in this subparagraph.

added “(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—

added “(aa) during the first 10 crop years after the initial tillage; and

added “(bb) during which a crop on that acreage is enrolled under subsection (l)(2) or (k).”

(ii)
added in clause (iii)(I), by striking “transitional yield of the producer” and inserting “county expected yield”;
(2)
added in subsection (b)—
(c)
removed Regulations—
(A)
changed In general— Except as otherwise provided in this subsection, not paragraph (1), by striking “not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title 30 days” and the amendments made by this title.inserting “by an appropriate deadline”; and
(B)
changed Procedure— The promulgation of by adding at the regulations and administration of this title and end the amendments made by this title shall be made without regard to—following:

added “(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)
added in subsection (d)—
(A)
removed the notice and comment provisions of section 553 of title 5, United States Code; and
(B)
removed chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
(3)
removed Congressional review of agency rulemaking— In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code.
(d)
removed Adjustment Authority Related to Trade Agreements Compliance—
(A)
changed Required determination; adjustment— If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed the allowable levels.by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;
(B)
changed Congressional notification— Before making any adjustment 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 describing the determination made under that by inserting before paragraph and the extent of (2) (as so redesignated) the adjustment to be made.following:

added “(1) the producer’s share of the total acres devoted to the eligible crop; by”

(C)
added 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)
added in subsection (e)—
(A)
added in paragraph (1), by striking “farm” and inserting “approved”;
(B)
added in paragraph (2)—
(i)
added in the second sentence—
(I)
added by inserting “approved” before “yield”; and
(II)
added by striking “Subject” and inserting the following:

added “(B) Calculation—Subject”

(ii)
added in the matter preceding subparagraph (B) (as so designated)—
(I)
added by striking “yield coverage” and inserting “an approved yield”; and
(II)
added by striking “The Secretary” and inserting the following:

added “(A) In general—The Secretary”

(C)
added in paragraph (3), by striking “transitional yield of the producer” and inserting “county expected yield”;
(5)
added in subsection (i)(2), by striking “exceed $125,000” and inserting the following: “exceed—

added “(A) in the case of catastrophic coverage under subsection (c), $125,000; and

added “(B) in the case of additional coverage under subsection (l), $300,000”

(6)
added in subsection (k)(1)—
(A)
added in subparagraph (A), by striking “$250” and inserting “$325”; and
(B)
added in subparagraph (B)—
(i)
added by striking “$750” and inserting “$825”; and
(ii)
added by striking “$1,875” and inserting “$1,950”; and
(7)
added in subsection (l)—
(A)
added in paragraph (1)—
(i)
added by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively;
(ii)
added by inserting before subparagraph (B) (as so redesignated) the following:

added “(A) the producer's share of the total acres devoted to the crop;”

(iii)
added 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)
added in paragraph (2)(B)(i)—
(i)
added in subclause (IV), by striking “and” at the end;
(ii)
added in subclause (V), by striking “or” at the end and inserting “and”; and
(iii)
added by adding at the end the following:

added “(VI) the producer’s share of the crop; or”

(C)
added by striking paragraphs (3) and (5); and
(D)
added by redesignating paragraph (4) as paragraph (3).

Sec. 1602 Suspension of permanent price support authority

removed
(a)
removed Agricultural Adjustment Act of 1938— The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023:
(1)
removed Parts II through V of subtitle B of title III (7 U.S.C. 1326 et seq.).
(2)
removed In the case of upland cotton, section 377 (7 U.S.C. 1377).
(3)
removed Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4)
removed Title IV (7 U.S.C. 1401 et seq.).
(b)
removed Agricultural Act of 1949—
(1)
removed Applicability— The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2019 through 2023 crops of covered commodities (as defined in section 1111), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2023:
(A)
removed Section 101 (7 U.S.C. 1441).
(B)
removed Section 103(a) (7 U.S.C. 1444(a)).
(C)
removed Section 105 (7 U.S.C. 1444b).
(D)
removed Section 107 (7 U.S.C. 1445a).
(E)
removed Section 110 (7 U.S.C. 1445e).
(F)
removed Section 112 (7 U.S.C. 1445g).
(G)
removed Section 115 (7 U.S.C. 1445k).
(H)
removed Section 201 (7 U.S.C. 1446).
(I)
removed Title III (7 U.S.C. 1447 et seq.).
(J)
removed Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(K)
removed Title V (7 U.S.C. 1461 et seq.).
(L)
removed Title VI (7 U.S.C. 1471 et seq.).
(2)
removed Clarifying amendments— Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended—
(A)
removed by inserting “, crambe, cottonseed, sesame seed” after “mustard seed”;
(B)
removed by inserting “dry peas, lentils, small chickpeas, large chickpeas, graded wool, nongraded wool, mohair, peanuts,” after “honey,”; and
(C)
removed by striking “in accordance with this title” and inserting “consistent with the percentage levels of support provided under subsection (c), except as otherwise provided for under subsection (b)”.
(c)
removed Suspension of Certain Quota Provisions— The joint resolution entitled “A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended”, approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2019 through 2023.

Sec. 1603 Payment limitations

removed
(a)
removed In General— Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—
(1)
removed in subsection (a)—
(A)
removed in paragraph (1) by striking “section 1001 of the Food, Conservation, and Energy Act of 2008” and inserting “section 1111 of the Agriculture and Nutrition Act of 2018”;
(B)
removed in paragraph (2), by inserting “first cousin, niece, nephew,” after “sibling,”;
(C)
removed by redesignating paragraph (5) as (6); and
(D)
removed by inserting after paragraph (4) the following new paragraph:

removed “(5) Qualified pass through entity—The term qualified pass through entity means a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 and including a limited liability company that does not affirmatively elect to be treated as a corporation), an S corporation (as defined in section 1361 of such Code), or a joint venture.”

(2)
removed in subsections (b) and (c) by striking “entity” through “Agricultural Act of 2014” in each place it appears and inserting “entity (except a qualified pass through entity) for any crop year under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018”;
(3)
removed in subsection (d) by striking “associated” and all that follows through the end of the sentence and inserting “associated with subtitle B of title I of the Agriculture and Nutrition Act of 2018.”; and
(4)
removed in subsection (f), by adding the end the following new paragraph:

removed “(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 the Agriculture and Nutrition Act of 2018 prior to applying payment limitations under this section.”

(b)
removed Treatment of qualified pass through entities— Section 1001(e)(3)(B)(ii) of the Food Security Act of 1985 (7 U.S.C. 1308(e)(3)(B)(ii)) is amended—
(1)
removed in the heading, by striking “joint ventures and general partnerships” and inserting “qualified pass through entities”;
(2)
removed by striking “joint venture or a general partnership” and inserting “qualified pass through entity”;
(3)
removed by striking “joint ventures and general partnerships” and inserting “qualified pass through entities”; and
(4)
removed by striking “joint venture or general partnership” and inserting “qualified pass through entity”.
(c)
removed Conforming Amendments—
(1)
removed Treatment of Federal agencies and State and local governments— Section 1001(f) of the Food Security Act of 1985 (7 U.S.C. 1308(f)) is amended—
(A)
removed in paragraph (5)(A), by striking “or title XII” and inserting “title I of the Agriculture and Nutrition Act of 2018, or title XII”; and
(B)
removed in paragraph (6)(A), by striking “or title XII” and inserting “title I of the Agriculture and Nutrition Act of 2018, or title XII”.
(2)
removed Foreign persons ineligible— Section 1001C(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3(a)) is amended by inserting “title I of the Agriculture and Nutrition Act of 2018,” after “2014,”.
(d)
removed Application— The amendments made by this section shall apply beginning with the 2019 crop year.

Sec. 1604 Adjusted gross income limitation

removed
(a)
removed Limitations— Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)) is amended—
(1)
removed in subparagraph (A), by striking “title I of the Agricultural Act of 2014” and inserting “title I of the Agriculture and Nutrition Act of 2018”;
(2)
removed by striking subparagraphs (B) and (D); and
(3)
removed by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively.
(b)
removed Exceptions—
(1)
removed In general— Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by adding at the end the following:

removed “(3) Exceptions

removed “(A) Exception for qualified pass through entities—Paragraph (1) shall not apply with respect to a qualified pass through entity (as such term is defined in section 1001(a)(5)).

removed “(B) 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)(B), 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.”

(2)
removed Conforming amendments— Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
(A)
removed in subsection (b)(1), by inserting “subject to paragraph (3),” after “of law,”; and
(B)
removed in subsection (d), by striking “, general partnership, or joint venture” both places it appears.
(c)
removed 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 the 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. 1605 Prevention of deceased individuals receiving payments under farm commodity programs

removed
(a)
removed Reconciliation— At least twice each year, the Secretary shall reconcile Social Security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive.
(b)
removed Preclusion— The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments.

Sec. 1606 Assignment of payments

removed
(a)
removed In General— The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating to assignment of payments, shall apply to payments made under this title.
(b)
removed Notice— The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section.

Sec. 1607 Tracking of benefits

removed

removed As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles.

Sec. 1608 Signature authority

removed
(a)
removed In General— In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, or qualified pass through entity (as such term is defined in paragraph (5) of section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a))) or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.
(b)
removed Affirmation—
(1)
removed In general— Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).
(2)
removed No retroactive effect— A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
(A)
removed relied on the prior approval by the Secretary of the documents in good faith; and
(B)
removed substantively complied with all program requirements.

Sec. 1609 Personal liability of producers for deficiencies

removed

removed Section 164(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7284(a)) is amended by striking “this title” and all that follows through “unless” and inserting “this title, title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.), title I of the Agricultural Act of 2014, or Agriculture and Nutrition Act of 2018”.

Sec. 1610 Implementation

removed
(a)
removed Maintenance of base acres and payment yields— The Secretary shall maintain, for each covered commodity, base acres and payment yields on a farm established under sections 1001 and 1301 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 8751), as adjusted pursuant to sections 1101, 1102, 1108, and 1302 of such Act (7 U.S.C. 8711, 8712, 8718, 8752), as in effect on September 30, 2013, and as adjusted pursuant to sections 1112 and 1113 of the Agricultural Act of 2014 (7 U.S.C. 9012, 9013).
(b)
removed Streamlining— In implementing this title and amendments made by this title, the Secretary shall—
(1)
removed continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, including through the continuation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that—
(A)
removed a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department;
(B)
removed upon the request of the producer (or agent thereof), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, and other information of the producer; and
(C)
removed no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability under the Acreage Crop Reporting and Streamlining Initiative for the eligibility of a producer for programs administered by the Department of Agriculture that are not policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et. seq.) except in cases of misrepresentation, fraud, or scheme and device;
(2)
removed continue to improve coordination, information sharing, and administrative work with the Farm Service Agency, Risk Management Agency, and the Natural Resources Conservation Service;
(3)
removed continue to take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers; and
(4)
removed reduce administrative burdens on producers by offering such producers an option to remotely and electronically sign annual contracts for participation in coverage under sections 1116 and 1117.
(c)
removed Implementation— The Secretary shall make available to the Farm Service Agency to carry out this title and amendments made by this title, $25,000,000.
(d)
removed Loan implementation—
(1)
removed In general— Section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended—
(A)
removed by inserting “or subtitles B and C of the Agriculture and Nutrition Act of 2018” after “this title”;
(B)
removed by striking “made by subtitles B or C” and inserting “made by such subtitles”; and
(C)
removed by inserting “of this title, and sections 1207(c) and 1208 of the Agriculture and Nutrition Act of 2018” after “1208”.
(2)
removed Repayment— Section 1614(d)(2) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(2)) is amended—
(A)
removed by striking “of subtitles B or C” and inserting “of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018”; and
(B)
removed by striking “under subtitles B or C” and inserting “of subtitle B or C of this title, or subtitle B or C of the Agriculture and Nutrition Act of 2018”.

Sec. 1611 Exemption from certain reporting requirements for certain producers

removed
(a)
removed Definition of exempted producer— In this section, the term exempted producer means a producer or landowner eligible to participate in any conservation or commodity program administered by the Secretary, or eligible for indemnity or compensation payments through programs administered by the Secretary.
(b)
removed Exemption— Notwithstanding any other provision of law, including 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 (and any successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary, acting through the Natural Resources Conservation Service, the Animal and Plant Health Inspection Service, or the Farm Service Agency.

Sec. 1612 One-time filing for ARC and PLC

removed
(a)
removed One-time filing— Except as provided in subsection (b), during the first enrollment period announced by the Farm Service Agency after the date of the enactment of this Act, producers on a farm may file a one-time program contract with the Secretary to enroll in agricultural risk coverage or price loss coverage through crop year 2023.
(b)
removed Updated program contract required— In the case of a change in a farming operation for which producers on a farm have filed a one-time program contract pursuant to subsection (a), such producers shall file an updated program contract with the Secretary not later than one year after such change in the farming operation occurs.
(c)
removed Notice of other annual reporting— The Secretary shall provide to each producer that files a one-time program contract pursuant to subsection (a) a notice that includes the annual and other periodic reporting requirements applicable to such producer, as determined by the Secretary.
(d)
removed Regulations revised— The Secretary shall—
(1)
removed issue such regulations as are necessary to carry out this section; and
(2)
removed revise section 1412.41 of title 7, Code of Federal Regulations, in accordance with this section.

Sec. 1701 Regulations

added

added Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9091(c)(2)) is amended—

(1)
added 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)
added in subparagraph (A), by adding “and” at the end;
(3)
added in subparagraph (B), by striking “; and” and inserting a period; and
(4)
added by striking subparagraph (C).

Sec. 1702 Suspension of permanent price support authority

added

added 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

added
(a)
added In General— Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—
(1)
added in subsection (a)—
(A)
added 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)
added in paragraph (2), by inserting “first cousin, niece, nephew,” after “sibling,”;
(2)
added 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)
added in subsection (f), by adding at the end the following:

added “(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)
added Application— The amendments made by this section shall apply beginning with the 2019 crop year.

Sec. 1704 Adjusted gross income limitations

added
(a)
added Waiver— Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended—
(1)
added in paragraph (2)(C), by inserting “title II of the Agriculture Improvement Act of 2018,” after “under”; and
(2)
added by adding at the end the following:

added “(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)
added 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)
added Transition— Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of enactment of this Act, shall apply with respect to the 2018 crop, fiscal, or program year, as appropriate, for each program described in subsection (b)(2) of that section (as so in effect on that day).

Sec. 1705 Farm Service Agency accountability

added
(a)
added 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)
added Report— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress and results of the activities conducted under subsection (a).

Sec. 1706 Implementation

added
(a)
added 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)
added Streamlining— Section 1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended by striking subsection (b) and inserting the following:

added “(b) Streamlining—In implementing this title and the amendments made by this title, the Secretary shall—

added “(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—

added “(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—

added “(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and

added “(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;

added “(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;

added “(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;

added “(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

added “(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;

added “(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;

added “(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

added “(4) reduce administrative burdens on producers participating in price loss coverage or agriculture risk coverage by offering—

added “(A) those producers an option to remotely and electronically sign annual contracts for that coverage; and

added “(B) to the maximum extent practicable, an option to sign a multiyear contract for that coverage.”

(c)
added 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:

added “(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)
added 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)
added 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:

added “(e) Deobligation of unliquidated obligations

added “(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—

added “(A) be deobligated; and

added “(B) revert to the Treasury.

added “(2) Outstanding payments

added “(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—

added “(i) be deobligated; and

added “(ii) revert to the Treasury.

added “(B) Laws described—The laws referred to in subparagraph (A) are any of the following:

added “(i) This title.

added “(ii) Title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.).

added “(iii) Title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.).

added “(iv) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).

added “(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.

added “(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.

added “(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.

added “(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.

added “(3) Waiver—The Secretary may delay the date of the deobligation and reversion under paragraph (1) or (2) of any payment—

added “(A) that is the subject of—

added “(i) ongoing administrative review or appeal;

added “(ii) litigation; or

added “(iii) the settlement of an estate; or

added “(B) for which the Secretary otherwise determines that the circumstances are such that the delay is equitable.”

(f)
added 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:

added “(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))—

added “(1) as of the date of submission of the report; and

added “(2) by State and county, relative to the total acres of cropland in the State or county.”

Sec. 1707 Exemption from certain reporting requirements for certain producers

added
(a)
added Definition of exempted producer— In this section, the term exempted producer means an individual or entity that is eligible to participate in—
(1)
added a conservation program under title II or a law amended by title II;
(2)
added 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)
added a commodity program under title I of the Agricultural Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance provided to users of cotton under sections 1207(c) and 1208 of that Act (7 U.S.C. 9037(c), 9038).
(b)
added 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.

Sec. 2101 Wetland conversion

Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended—

(1)
changed by striking “Except as provided” as” and inserting the following:

changed “(A) “(1) In general—Except as provided”as”

(2)
by adding at the end the following:

changed “(B) “(2) Duty of the Secretary—Before determining that a Secretary—No person is shall become ineligible for program benefits under this subsection, paragraph (1) if the Secretary shall determine determines that no an exemption under section 1222 applies.”1222(b) applies to that person.”

Sec. 2102 Wetland conservation

added Section 1222(c) of the Food Security Act of 1985 (16 U.S.C. 3822(c)) is amended—

(a)
removed Identification of minimal effect exemptions— Section 1222(d) of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended by inserting “not later than 180 days after the date of enactment of the Agriculture and Nutrition Act of 2018,” before “the Secretary shall identify”.
(1)
changed Mitigation banking— Section 1222(k)(1)(B) of by striking “No program” and inserting the Food Security Act of 1985 (16 U.S.C. 3822(k)(1)(B)) is amended to read as follows:following:

changed “(B) Funding“(1) In general—No program”

(2)
added 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)
added by adding at the end the following:

added “(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.”

removed “(i) Funds of Commodity Credit Corporation—To carry out this paragraph, the Secretary shall use $10,000,000 of the funds of the Commodity Credit Corporation beginning in fiscal year 2019, which funds shall remain available until expended.

removed “(ii) Authorization of appropriations—In addition to amounts made available under clause (i), there are authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.”

Sec. 2103 Mitigation banking

added

added 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:

added “(B) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.”

Sec. 2201 Conservation reserve

(a)
In General— Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking “2018” and inserting “2023”.
(b)
changed Enrollment—Eligible land— Section 1231(d) 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) 3831(b)) is amended—
(1)
changed in paragraph (1)—(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)
added by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(3)
added by inserting after paragraph (3) the following:

added “(4) cropland, marginal pasture land, and grasslands that will have a positive impact on water quality and will be devoted to—

added “(A) a grass sod waterway;

added “(B) a contour grass sod strip;

added “(C) a prairie strip;

added “(D) a filterstrip;

added “(E) a riparian buffer;

added “(F) a wetland or a wetland buffer;

added “(G) a saturated buffer;

added “(H) a bioreactor; or

added “(I) another similar water quality practice, as determined by the Secretary;”

(4)
added in paragraph (5) (as so redesignated)—
(A)
added 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)
added in subparagraph (E), by striking “or” after the semicolon;
(5)
added in paragraph (6) (as so redesignated), in subparagraph (B)(ii), by striking the period at the end and inserting “; or”; and
(A)
removed in subparagraph (D), by striking “; and” and inserting a semicolon;
(B)
removed in subparagraph (E), by striking the period at the end and inserting a semicolon; and
(6)
renumbered was (3)(3)(4) by adding at the end the following:

added “(7) as determined by the Secretary, land—

added “(A) that was enrolled in the conservation reserve program under a 15-year contract that expired on September 30, 2017, or September 30, 2018;

added “(B) for which there was no opportunity for additional enrollment in that program; and

added “(C) on which the conservation practice under the expired contract under subparagraph (A) is maintained.”

(c)
added Enrollment— Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended—
(1)
added in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following:

added “(A) fiscal year 2019, not more than 24,000,000 acres;

added “(B) fiscal year 2020, not more than 24,500,000 acres;

added “(C) fiscal year 2021, not more than 25,000,000 acres;

added “(D) fiscal year 2022, not more than 25,500,000 acres; and

added “(E) fiscal year 2023, not more than 27,000,000 acres.”

removed “(F) fiscal year 2019, no more than 25,000,000 acres;

removed “(G) fiscal year 2020, no more than 26,000,000 acres;

removed “(H) fiscal year 2021, no more than 27,000,000 acres;

removed “(I) fiscal year 2022, no more than 28,000,000 acres; and

removed “(J) fiscal year 2023, no more than 29,000,000 acres.”

(2)
renumbered was (3)(4) in paragraph (2)—
(A)
added by striking subparagraphs (A) and (B) and inserting the following:
(A)
removed by amending subparagraph (A) to read as follows:

“(A) Limitation—For purposes of applying the limitations in paragraph (1)—

added “(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

added “(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—

removed “(i) no more than 2,000,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any one time during the 2014 through 2018 fiscal years;

removed “(ii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 3,000,000 acres of the land described in subsection (b)(3) by September 30, 2023; and

removed “(iii) in carrying out clause (ii), 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;

added “(II) fiscal year 2020, 1,500,000 acres; and

added “(III) fiscal years 2021 through 2023, 2,000,000 acres.

added “(B) Priority—In enrolling acres under subparagraph (A), the Secretary may give priority to land, as determined by the Secretary—

added “(i) with expiring conservation reserve contracts;

added “(ii) at risk of conversion or development; or

added “(iii) of ecological significance, including land that—

added “(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.);

added “(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

added “(III) improves or creates wildlife habitat corridors.”

(B)
added in subparagraph (C)—
(i)
added by striking “In enrolling” and inserting the following:

added “(i) In general—In enrolling”

(ii)
added in clause (i) (as so designated), by striking “a continuous” and inserting “an annual”; and

removed “(II) fiscal year 2020, 1,500,000 acres;

removed “(III) fiscal year 2021, 2,000,000 acres;

removed “(IV) fiscal year 2022, 2,500,000 acres; and

removed “(V) fiscal year 2023, 3,000,000 acres.”

(iii)
renumbered was (3)(4)(3) by adding at the end the following:

added “(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.”

removed “(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, the Secretary shall reserve the remaining number of acres for that fiscal year for the enrollment of land described in subsection (b)(3), and that number of acres shall not be available for the enrollment of any other type of eligible land.”

(C)
renumbered was (3)(5) by adding at the end the following:

added “(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—

added “(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

added “(ii) that number of acres shall not be available for the enrollment of any other type of eligible land.”

(3)
added by adding at the end the following:

added “(3) Water quality practices to foster clean lakes, estuaries, and rivers (CLEAR initiative)

added “(A) In general—The Secretary shall give priority within continuous enrollment under paragraph (6) to the enrollment of land described in subsection (b)(4).

added “(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.

added “(C) Acreage

added “(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).

added “(ii) Limitation—The acres described in clause (i) shall not include grasslands described in subsection (b)(3).

added “(D) Report—The Secretary shall—

added “(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

added “(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—

added “(I) new enrollments;

added “(II) expirations;

added “(III) geographic distribution; and

added “(IV) estimated water quality benefits.

added “(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—

added “(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;

added “(B) the average number of acres of all land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and

removed “(3) State enrollment rates—During each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall carry out this subchapter in such a manner as to enroll and maintain acreage in the conservation reserve in accordance with historical State enrollment rates, considering—

removed “(A) the average number of acres of all lands enrolled in the conservation reserve in each State during each of fiscal years 2007 through 2016;

removed “(B) the average number of acres of all lands 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).

added “(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.

added “(6) Continuous enrollment procedure

added “(A) In general—To the maximum extent practicable, the Secretary shall allow producers to submit applications on a continuous basis for enrollment in—

added “(i) the conservation reserve of—

added “(I) marginal pasture land described in subsection (b)(2);

added “(II) land described in subsection (b)(4); and

added “(III) cropland described in subsection (b)(5); and

added “(ii) the conservation reserve enhancement program under section 1231A.

added “(B) Limitation—For purposes of applying the limitations in paragraph (1)—

added “(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

added “(ii) in carrying out clause (i), to the maximum extent practicable, the Secretary shall maintain in the conservation reserve at any one time during—

added “(I) fiscal year 2019, 8,000,000 acres;

added “(II) fiscal year 2020, 8,250,000 acres;

added “(III) fiscal year 2021, 8,500,000 acres; and

added “(IV) fiscal years 2022 and 2023, 8,600,000 acres.”

removed “(4) Frequency—In carrying out this subchapter, for contracts that are not available on a continuous enrollment basis, the Secretary shall hold a signup not less often than once every other year.”

(c)
removed Duration of contract— Section 1231(e) of the Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended to read as follows:

removed “(e) Duration of contract

removed “(1) In general—Except as provided in paragraph (2), for the purpose of carrying out this subchapter, the Secretary shall enter into contracts of not less than 10, nor more than 15, years.

removed “(2) Certain continuous contracts—With respect to contracts under this subchapter for the enrollment of land described in paragraph (4) or (5) of subsection (b), the Secretary shall enter into contracts of a period of 15 or 30 years.”

(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”

(2)
by adding at the end the following:

changed “(2) Reenrollment limitation for certain land—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.”land

added “(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.

added “(B) Exclusions—Subparagraph (A) shall not apply to—

added “(i) riparian forested buffers;

added “(ii) forested wetlands enrolled under subsection (d)(3) or the conservation reserve enhancement program under section 1231A; and

added “(iii) shelterbelts.”

Sec. 2202 Conservation reserve enhancement program

(a)
changed Program required—In general— Section 1231B(a)(1) Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking “2018” and inserting “2023”.after section 1231 (16 U.S.C. 3831) the following:

added “1231A. Conservation reserve enhancement program

added “(a) Definitions—In this section:

added “(1) CREP—The term CREP means a conservation reserve enhancement program carried out under subsection (b)(1).

added “(2) Eligible land—The term eligible land means land that is eligible to be included in the program established under this subchapter.

added “(3) Eligible partner—The term eligible partner means—

added “(A) a State;

added “(B) a political subdivision of a State;

added “(C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or

added “(D) a nongovernmental organization.

added “(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—

added “(A) throughout the term of the contract; and

added “(B) consistent with the conservation plan that covers the eligible land.

added “(b) Agreements

added “(1) In general—The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—

added “(A) to assist in enrolling eligible land in the program established under this subchapter; and

added “(B) that the Secretary determines will advance the purposes of this subchapter.

added “(2) Contents—An agreement entered into under paragraph (1) shall—

added “(A) describe—

added “(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;

added “(ii) quantifiable environmental goals for addressing the concerns under clause (i);

added “(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;

added “(iv) the location of eligible land to be enrolled in the project area identified under the agreement;

added “(v) the payments to be offered by the Secretary and eligible partner to an owner or operator; and

added “(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;

added “(B) subject to subparagraph (C), require the eligible partner to provide matching funds—

added “(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

added “(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

added “(C) include procedures to allow for a temporary waiver of the matching requirements under subparagraph (B), or continued enrollment with a temporary suspension of incentives or eligible partner contributions for new agreements, during a period when an eligible partner loses the authority or ability to provide matching contributions, if the Secretary determines that the temporary waiver or continued enrollment with a temporary suspension will advance the purposes of this subchapter.

added “(3) Effect on existing agreements

added “(A) In general—Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter.

added “(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.

added “(c) Payments

added “(1) Matching requirement—Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance, as determined by the Secretary.

added “(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.

added “(3) Cost-share and practice incentive payments

added “(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.

added “(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).

added “(4) Riparian buffer management payments

added “(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.

added “(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).

added “(d) Forested riparian buffer practice

added “(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—

added “(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—

added “(i) the plants shall contribute to the conservation of soil, water quality, and wildlife habitat; and

added “(ii) the planting shall be consistent with—

added “(I) recommendations of the applicable State technical committee established under section 1261(a); and

added “(II) technical guide standards of the applicable field office of the Natural Resources Conservation Service; and

added “(B) to harvest from plants described in subparagraph (A), on the conditions that—

added “(i) the harvesting shall not damage the conserving cover or otherwise have a negative impact on the conservation concerns targeted by the CREP;

added “(ii) only native plant species appropriate to the region shall be used within 35 feet of the watercourse; and

added “(iii) the producer shall be subject to a reduction in the rental rate commensurate to the value of the crop harvested.

added “(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.

added “(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—

added “(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;

added “(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

added “(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.

added “(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)—

added “(1) the status of the agreement;

added “(2) the purposes and objectives of the agreement;

added “(3) the Federal and eligible partner commitments made under the agreement; and

added “(4) the progress made in fulfilling those commitments.”

(b)
added Conforming amendments—
(1)
added Section 1240R(c)(3) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(c)(3)) is amended by striking “a special conservation reserve enhancement program described in section 1234(f)(4)” and inserting “a conservation reserve enhancement program under section 1231A”.
(2)
added 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”.
(b)
removed Eligible acreage— Section 1231B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)) is amended to read as follows:

removed “(2) Buffer acreage—Subject to subsections (c) and (d), an owner or operator may enroll in the conservation reserve, pursuant to the program established under this section, buffer acreage that, with respect to land described in subparagraph (A), (B), or (C) of paragraph (1)—

removed “(A) is contiguous to such land;

removed “(B) is used to protect such land; and

removed “(C) is of such width as the Secretary determines is necessary to protect such land, taking into consideration and accommodating the farming practices (including the straightening of boundaries to accommodate machinery) used with respect to the cropland that surrounds such land.”

(c)
removed Program limitations— Section 1231B(c) of the Food Security Act of 1985 (16 U.S.C. 3831b(c)) is amended—
(1)
removed in paragraph (1)(B), by striking “750,000” and inserting “500,000”;
(2)
removed in paragraph (2), by striking “Subject to paragraph (3), any acreage” and inserting “Any acreage”; and
(3)
removed by striking paragraphs (3) and (4).
(d)
removed Duties of owners and operators— Section 1231B(e) of the Food Security Act of 1985 (16 U.S.C. 3831b(e)) is amended—
(1)
removed in paragraph (2), by striking the semicolon and inserting “; and”;
(2)
removed by striking paragraph (3); and
(3)
removed by redesignating paragraph (4) as paragraph (3).
(e)
removed Duties of the Secretary— Section 1231B(f) of the Food Security Act of 1985 (16 U.S.C. 3831b(f)) is amended—
(1)
removed in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “paragraph (2)”;
(2)
removed in paragraph (2), by striking “section 1234(d)(2)(A)(ii)” and inserting “section 1234(d)(2)(A)”; and
(3)
removed by striking paragraph (3).

Sec. 2203 Farmable wetland program

added Section 1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) is amended—

(a)
removed In general— Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended—
(1)
removed in paragraph (5), by inserting “, which may include the use of grazing in accordance with paragraph (8),” after “management on the land”; and
(2)
removed by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively, and inserting after paragraph (9) the following:

removed “(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices to improve the condition of resources, promote forest management, and enhance wildlife habitat on the land;”

(1)
changed Conservation plans— Section 1232(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3832(b)(2)) is amended in subsection (a)(1), by striking “, if any,”.“2018” and inserting “2023”; and
(2)
added in subsection (f)(2), by striking “1234(d)(2)(A)(ii)” and inserting “1234(d)”.

Sec. 2204 Pilot programs

added 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:

added “1231C. Pilot programs

added “(a) CLEAR 30

added “(1) In general

added “(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.

added “(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.

added “(2) Expired conservation contract election

added “(A) Definition of covered contract—In this paragraph, the term covered contract means a contract entered into under this subchapter that—

added “(i) expires on or after the date of enactment of the Agriculture Improvement Act of 2018; and

added “(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).

added “(B) Election—On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—

added “(i) not to reenroll the land under the contract;

added “(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

added “(iii) not to reenroll the land under the contract and to enroll that land through a CLEAR 30 contract under this subsection.

added “(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.

added “(4) Term—The term of a CLEAR 30 contract shall be 30 years.

added “(5) Agreements—To be eligible to enroll land in the conservation reserve program through a CLEAR 30 contract, the owner of the land shall enter into an agreement with the Secretary—

added “(A) to implement a conservation reserve plan developed for the land;

added “(B) to comply with the terms and conditions of the contract and any related agreements; and

added “(C) to temporarily suspend the base history for the land covered by the contract.

added “(6) Terms and conditions of CLEAR 30 contracts

added “(A) In general—A CLEAR 30 contract shall include terms and conditions that—

added “(i) permit—

added “(I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and

added “(II) owners to control public access on the land while identifying access routes to be used for restoration activities and management and contract monitoring;

added “(ii) prohibit—

added “(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;

added “(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—

added “(aa) to comply with Federal or State noxious weed control laws;

added “(bb) to comply with a Federal or State emergency pest treatment program; or

added “(cc) to meet habitat needs of specific wildlife species;

added “(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

added “(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

added “(iii) include any additional provision that the Secretary determines is appropriate to carry out this section or facilitate the practical administration of this section.

added “(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.

added “(C) Compatible uses—Land subject to a CLEAR 30 contract may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—

added “(i) is specifically permitted by the conservation reserve plan developed for the land; and

added “(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established.

added “(7) Compensation

added “(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).

added “(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).

added “(C) Timing—The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year.

added “(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—

added “(i) dies;

added “(ii) becomes incompetent;

added “(iii) is succeeded by another person or entity who renders or completes the required performance; or

added “(iv) is otherwise unable to receive the payment.

added “(8) Technical assistance

added “(A) In general—The Secretary shall assist owners in complying with the terms and conditions of a CLEAR 30 contract.

added “(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.

added “(9) Administration

added “(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.

added “(B) Delegation of contract administration

added “(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.

added “(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.

added “(b) Soil health and income protection pilot program

added “(1) Definition of eligible land—In this subsection:

added “(A) In general—The term eligible land means cropland that—

added “(i) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this subsection; and

added “(ii) as determined by the Secretary—

added “(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;

added “(II) had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment; and

added “(III) is verified to be less-productive land, as compared to other land on the applicable farm.

added “(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.

added “(2) Establishment

added “(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.

added “(B) Deadline for participation—Eligible land may be enrolled in the program under this section through December 31, 2020.

added “(3) Contracts

added “(A) Requirements—A contract described in paragraph (2) shall—

added “(i) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and

added “(ii) provide that, during the term of the contract—

added “(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;

added “(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);

added “(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;

added “(IV) the eligible land may be eligible for a walk-in access program of the applicable State, if any; and

added “(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.

added “(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.

added “(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.

added “(D) Term

added “(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.

added “(ii) Early termination

added “(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.

added “(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.

added “(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—

added “(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)—

added “(I) using the funds of the Commodity Credit Corporation, the Secretary shall pay 50 percent; and

added “(II) the beginning, limited resource, socially disadvantaged, or veteran farmer or rancher shall pay 50 percent; and

added “(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.

added “(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—

added “(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

added “(ii) with respect to eligible land that is so harvested for seed—

added “(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

added “(II) the rental payment otherwise applicable to the eligible land under this subsection shall be reduced by 25 percent.

added “(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.

added “(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—

added “(A) the estimated conservation value of the land; and

added “(B) estimated savings from reduced commodity payments, crop insurance indemnities, and crop insurance premium subsidies.”

(a)
removed Cost-Share and rental payments— Section 1233(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(2)) is amended by striking “pay an annual rental payment in an amount necessary to compensate for” and inserting “pay an annual rental payment, in accordance with section 1234(d), for”.
(b)
removed Specified activities permitted— Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended—
(1)
removed in paragraph (2)—
(A)
removed in the matter preceding subparagraph (A)—
(i)
removed by striking “not less than 25 percent” and inserting “25 percent”; and
(ii)
removed by inserting “(except that vegetative cover may not be harvested for seed)” after “managed harvesting”;
(B)
removed in subparagraph (A), by striking “; and” and inserting a semicolon;
(C)
removed in subparagraph (B), by striking “is at least every 5 but not more than once every 3 years;” and inserting “contributes to the health and vigor of the established cover, and is not more than once every 3 years; and”; and
(D)
removed by adding at the end the following:

removed “(C) shall ensure that 25 percent of the acres covered by the contract are not harvested, in accordance with an approved plan that provides for wildlife cover and shelter;”

(2)
removed in paragraph (3)—
(A)
removed in the matter preceding subparagraph (A), by striking “not less than 25 percent” and inserting “25 percent”; and
(B)
removed in subparagraph (B)—
(i)
removed in the matter preceding clause (i), by striking “routine grazing, except that in permitting such routine grazing” and inserting “grazing, except that in permitting such grazing”;
(ii)
removed in clause (i), by striking “continued routine grazing; and” and inserting “grazing;”;
(iii)
removed in clause (ii)—
(I)
removed in the matter preceding subclause (I), by striking “routine grazing may be conducted, such that the frequency is not more than once every 2 years” and inserting “grazing may be conducted, such that the frequency contributes to the health and vigor of the established cover”;
(II)
removed in subclause (II), by striking “the number of years that should be required between routine” and inserting “the appropriate frequency and duration of”; and
(III)
removed in subclause (III), by striking “routine” each place it appears; and
(iv)
removed by adding at the end the following:

removed “(iii) shall ensure that the grazing is conducted in accordance with an approved plan that does not restrict grazing during the primary nesting season and will reduce the stocking rate determined under clause (i) by 50 percent; and”

(3)
removed by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(4)
removed by inserting after paragraph (3) the following:

removed “(4) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the condition that the grazing shall be at 50 percent of the normal carrying capacity determined under that subclause.”

(5)
removed in paragraph (5), as so redesignated, by striking “; and” and inserting “and retains suitable vegetative structure for wildlife cover and shelter;”;
(6)
removed in paragraph (6)(C), as so redesignated, by striking the period at the end and inserting “; and”; and
(7)
removed by adding at the end the following:

removed “(7) grazing pursuant to section 1232(a)(5), without any reduction in the rental rate, if the grazing is consistent with the conservation of soil, water quality, and wildlife habitat.”

(c)
removed 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:

removed “(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. 2205 Duties of owners and operators

added Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended—

(a)
removed Cost sharing payments— Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended—
(1)
removed in paragraph (1), by striking “50 percent” and inserting “not more than 40 percent”;
(2)
removed by amending paragraph (2) to read as follows:

removed “(2) Limitations

removed “(A) Exception for seed costs—In the case of seed costs related to the establishment of cover, cost share shall not exceed 25 percent of the total cost of the seed mixture.

removed “(B) Additional incentive payments—Except as provided in subsection (c), the Secretary may not make additional incentive payments beyond the actual cost of installing measures and practices described in paragraph (1).

removed “(C) 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).”

(3)
removed by striking paragraphs (3) and (4) and redesignating paragraph (5) as paragraph (3).
(1)
changed Incentive payments— Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and
(1)
removed in the subsection heading, by striking “Incentive” and inserting “Forest management payment”;
(2)
removed in paragraph (1), by striking “The Secretary” and inserting “Using funds made available under section 1241(a)(1)(A), the Secretary”; and
(3)
removed in paragraph (2), by striking “150 percent” and inserting “100 percent”.
(2)
changed Annual rental payments— Section 1234(d) of by inserting after paragraph (9) the Food Security Act of 1985 (16 U.S.C. 3834(d)) is amended—following:

added “(10) on land devoted to hardwood or other trees, excluding windbreaks and shelterbelts, to carry out proper thinning and other practices—

added “(A) to enhance the conservation benefits and wildlife habitat resources addressed by the conservation practice under which the land is enrolled; and

added “(B) to promote forest management;”

(1)
removed in paragraph (1)—
(A)
removed by striking “less intensive use, the Secretary may consider” and inserting the following:

removed “(A) the Secretary may consider”

(B)
removed by striking the period at the end and inserting “; and”; and
(C)
removed by adding at the end the following:

removed “(B) the Secretary shall consider the impact on the local farmland rental market.”

(2)
removed in paragraph (2)—
(A)
removed by amending subparagraph (A) to read as follows:

removed “(A) In general

removed “(i) Initial enrollment—The amounts payable to an owner or operator in the form of annual rental payments under a contract entered into under this subchapter with respect to land that has not previously been subject to such a contract shall be not more than 80 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the contract is entered into.

removed “(ii) Multiple enrollments—If land subject to a contract entered into under this subchapter is reenrolled in the conservation reserve under section 1231(h)(1)—

removed “(I) for the first such reenrollment, the annual rental payment shall be in an amount that is not more than 65 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs;

removed “(II) for the second such reenrollment, the annual rental payment shall be in an amount that is not more than 55 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs;

removed “(III) for the third such reenrollment, the annual rental payment shall be in an amount that is not more than 45 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs; and

removed “(IV) for the fourth such reenrollment, the annual rental payment shall be in an amount that is not more than 35 percent of the applicable estimated average county rental rate published pursuant to paragraph (4) for the year in which the reenrollment occurs.”

(B)
removed in subparagraph (B), by striking “In the case” and inserting “Notwithstanding subparagraph (A), in the case”;
(3)
removed by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); and
(4)
removed in paragraph (4), as so redesignated—
(A)
removed by striking “cash” each place it appears;
(B)
removed in subparagraph (A)—
(i)
removed by striking “, not less frequently than once every other year,” and inserting “annually”; and
(ii)
removed by inserting “, and shall publish the estimates derived from such survey not later than September 15 of each year” before the period at the end; and
(C)
removed in subparagraph (C)—
(i)
removed by striking “may” and inserting “shall”; and
(ii)
removed by striking “as a factor in determining” and inserting “to determine”.
(d)
removed Payment limitation for rental payments— Section 1234(g)(2) of the Food Security Act of 1985 (16 U.S.C. 3834(g)(2)) is amended by adding at the end the following:

removed “(C) Limitation on payments—Payments under subparagraph (B) shall not exceed 50 percent of the cost of activities carried out under the applicable agreement entered into under such subparagraph.”

Sec. 2206 Duties of the Secretary

(a)
changed Early termination by owner or operator—Cost-Share and rental payments— Section 1235(e)(1)(A) 1233(a) of the Food Security Act of 1985 (16 U.S.C. 3835(e)(1)(A)) 3833(a)) is amended by striking “2015” and inserting “2019”.amended—
(1)
added in paragraph (1), by inserting “, including the cost of fencing and other water distribution practices, if applicable” after “interest”; and
(b)
removed 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)
removed in paragraph (1)—
(A)
removed by amending subparagraph (A) to read as follows:

removed “(A) beginning on the date that is 1 year before the date of termination of the contract, allow the covered farmer or rancher, in conjunction with the retired or retiring owner or operator, to make conservation and land improvements, including preparing to plant an agricultural crop;”

(B)
removed by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively, and inserting after subparagraph (A) the following:

removed “(B) beginning on the date that is 3 years before the date of termination of the contract, allow the covered farmer or rancher to begin the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.);”

(C)
removed in subparagraph (D), as so redesignated, by inserting “, and provide to such farmer or rancher technical and financial assistance to carry out the requirements of the plan, if any” before the semicolon at the end; and
(D)
removed in subparagraph (E), as so redesignated, by striking “the conservation stewardship program or”; and
(2)
renumbered was (3)(4) in paragraph (2)—
(A)
added in the matter preceding subparagraph (A), by striking “in an amount necessary to compensate” and inserting “, in accordance with section 1234(d),”;
(B)
added in subparagraph (A)—
(i)
added by inserting “, marginal pastureland,” after “cropland”; and
(ii)
added by adding “or” at the end;
(C)
added by striking subparagraph (B); and
(D)
added by redesignating subparagraph (C) as subparagraph (B).
(b)
added 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:

added “(b) Specified activities permitted

added “(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—

added “(A) those activities or uses—

added “(i) are consistent with the conservation of soil, water quality, and wildlife habitat;

added “(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;

added “(iii) contribute to the health and vigor of the established cover; and

added “(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

added “(B) the Secretary, in coordination with the State technical committee, includes contract modifications—

added “(i) without any reduction in the rental rate for—

added “(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—

added “(aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor;

added “(bb) there is at least a 40 percent loss in forage production in the county; or

added “(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;

added “(II) emergency grazing on all practices during the primary nesting season if payments are authorized for a county under the livestock forage disaster program under clause (ii) of section 1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)), at 50 percent of the normal carrying capacity determined under clause (i) of that section, adjusted to the site-specific plan;

added “(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;

added “(IV) grazing of all practices, outside the primary nesting season, if included as a mid-contract management practice under section 1232(a)(5);

added “(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—

added “(aa) does not destroy the permanent vegetative cover; and

added “(bb) retains suitable vegetative structure for wildlife cover and shelter outside the primary nesting season; or

added “(VI) grazing on all practices, outside the primary nesting season, if conducted by a beginning farmer or rancher; or

added “(ii) with a 25 percent reduction in the annual rental rate for the acres covered by the authorized activity, including—

added “(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;

added “(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;

added “(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—

added “(aa) is completed outside the primary nesting season;

added “(bb) occurs not more than once every 3 years; and

added “(cc) maintains 25 percent of the total contract acres unharvested, in accordance with a site-specific plan that provides for wildlife cover and shelter;

added “(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

added “(V) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account—

added “(aa) the location, size, and other physical characteristics of the land;

added “(bb) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and

added “(cc) the purposes of the conservation reserve program under this subchapter.

added “(2) Conditions on haying and grazing

added “(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.

added “(B) Exceptions

added “(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.

added “(ii) Special agreements

added “(I) In general—Except as provided in subclause (II), haying or grazing described in paragraph (1) shall not be permitted on—

added “(aa) land covered by a contract enrolled under the State acres for wildlife enhancement program established by the Secretary; or

added “(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.

added “(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.”

(A)
removed in the matter preceding subparagraph (A), by striking “The Secretary” and inserting “To the extent the maximum number of acres permitted to be enrolled under the program has not been met, the Secretary”; and
(B)
removed in subparagraph (A), by striking “eligible for enrollment under the continuous signup option pursuant to section 1234(d)(2)(A)(ii)” and inserting “is carried out on land described in paragraph (4) or (5) of section 1231(b)”.
(c)
changed End of contract considerations—Natural disaster or adverse weather as mid-contract management— Section 1235(g) 1233 of the Food Security Act of 1985 (16 U.S.C. 3835(g)) 3833) is amended to read as follows:by adding at the end the following:

changed “(g) End of contract considerations—The Secretary shall not consider an owner “(e) Natural disaster or operator to be in violation adverse weather as mid-contract management—In the case of a term natural disaster or condition adverse weather event that has the effect of a management practice consistent with the conservation reserve contract if—plan, the Secretary shall not require further management practices pursuant to section 1232(a)(5) that are intended to achieve the same effect.”

removed “(1) during the year prior to expiration of the contract, the owner or operator—

removed “(A) enters into an environmental quality incentives program contract; and

removed “(B) begins the establishment of an environmental quality incentives practice; or

removed “(2) during the three years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990.”

Sec. 2207 Payments

added
(a)
added Cost sharing payments— Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended—
(1)
added by striking paragraphs (2) through (4) and inserting the following:

added “(2) Limitations

added “(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.

added “(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).

added “(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)
added by redesignating paragraph (5) as paragraph (3);
(3)
added 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)
added by adding at the end the following:

added “(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)
added Incentive payments— Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—
(1)
added in the subsection heading, by striking “Incentive” and inserting “Forest management incentive”;
(2)
added in paragraph (1), by striking “The Secretary” and inserting “Using funds made available under section 1241(a)(1)(A), the Secretary”; and
(3)
added in paragraph (2), by striking “150 percent” and inserting “100 percent”.
(c)
added Annual rental payments— Section 1234(d) of the Food Security Act of 1985 (16 U.S.C. 3834(d)) is amended—
(1)
added in paragraph (1)—
(A)
added by striking “the Secretary may consider, among other things, the amount” and inserting the following:

added “(A) the amount”

(B)
added in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and
(C)
added by adding at the end the following:

added “(B) the impact on the local farmland rental market; and

added “(C) such other factors as the Secretary determines to be appropriate.”

(2)
added in paragraph (2)—
(A)
added in subparagraph (A)—
(i)
added in clause (i), by striking “; or” and inserting a period;
(ii)
added by striking clause (ii); and
(iii)
added 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)
added by redesignating subparagraph (B) as subparagraph (C);
(C)
added by inserting after subparagraph (A) the following:

added “(B) Multiple enrollments

added “(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.

added “(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)
added in subparagraph (C) (as so redesignated), by striking “In the case” and inserting “Notwithstanding subparagraph (A), in the case”; and
(E)
added by adding at the end the following:

added “(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)
added by striking paragraph (4);
(4)
added by redesignating paragraph (5) as paragraph (4); and
(5)
added in paragraph (4) (as so redesignated)—
(A)
added in subparagraph (A)—
(i)
added by striking “, not less frequently than once every other year,” and inserting “annually”; and
(ii)
added 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)
added in subparagraph (B), by inserting “and the average current and previous soil rental rates for each county” after “subparagraph (A)”;
(C)
added in subparagraph (C), by striking “may use” and inserting “shall consider”; and
(D)
added by adding at the end the following:

added “(D) Submission of additional information by State FSA offices and CREP partners

added “(i) In general—The Secretary shall provide an opportunity for State Committees of the Farm Service Agency or eligible partners (as defined in section 1231A(a)) in conservation reserve enhancement programs under section 1231A to propose an alternative soil rental rate prior to finalizing new rates, on the condition that documentation described in clause (ii) is provided to support the proposed alternative.

added “(ii) Acceptable documentation—Documentation referred to in clause (i) includes—

added “(I) an average of cash rents from a random sample of lease agreements;

added “(II) cash rent estimates from a published survey;

added “(III) neighboring county estimate comparisons from the National Agricultural Statistics Service;

added “(IV) an average of cash rents from Farm Service Agency farm business plans;

added “(V) models that estimate cash rents, such as models that use returns to estimate crop production or land value data; or

added “(VI) other documentation, as determined by the Secretary.

added “(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.

added “(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—

added “(i) 85 percent of the estimated rental rate determined under this paragraph for general enrollment; or

added “(ii) 90 percent of the estimated rental rate determined under this paragraph for continuous enrollment.”

(d)
added Payment limitation for rental payments— Section 1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is amended—
(1)
added in paragraph (1), by striking “The total” and inserting “Except as provided in paragraph (2), the total”; and
(2)
added by striking paragraph (2) and inserting the following:

added “(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

added
(a)
added 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)
added in paragraph (1)—
(A)
added in the matter preceding subparagraph (A), by striking “retired farmer or rancher” and inserting “contract holder”;
(B)
added by striking “retired or retiring owner or operator” each place it appears and inserting “contract holder”;
(C)
added in subparagraph (A), in the matter preceding clause (i), by striking “1 year” and inserting “2 years”;
(D)
added 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)
added in subparagraph (D), by striking “; and” and inserting a semicolon;
(F)
added by redesignating subparagraph (E) as subparagraph (F); and
(G)
added by inserting after subparagraph (D) the following:

added “(E) give priority to the enrollment of the land covered by the contract in—

added “(i) the environmental quality incentives program established under subchapter A of chapter 4;

added “(ii) the conservation stewardship program established under subchapter B of chapter 4; or

added “(iii) the agricultural conservation easement program established under subtitle H; and”

(2)
added in paragraph (2)—
(A)
added 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)
added by striking subparagraph (A) and inserting the following:

added “(A)

added “(i) is carried out on land described in paragraph (4) or (5) of section 1231(b); and

added “(ii) is eligible for continuous enrollment under section 1231(d)(6); and”

(b)
added 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:

added “(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—

added “(1) during the year prior to expiration of the contract, the owner or operator—

added “(A)

added “(i) enters into a contract under the environmental quality incentives program established under subchapter A of chapter 4; and

added “(ii) begins the establishment of a practice under that contract; or

added “(B)

added “(i) enters into a contract under the conservation stewardship program established under subchapter B of chapter 4; and

added “(ii) begins the establishment of a practice under that contract; or

added “(2) during the 3 years prior to the expiration of the contract, the owner or operator begins the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).”

Sec. 2209 Eligible land; State law requirements

added

added 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.

Sec. 2301 Repeal of conservation programs

(a)
changed Practice—In general— Section 1240A(4)(B) Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(4)(B)) 3839aa et seq.) is amended—
(1)
changed in clause (i), by striking “; and” the chapter designation and heading and inserting a semicolon; andthe following:

added “4 Environmental quality incentives program and conservation stewardship program

added “A Environmental quality incentives program”

(2)
changed by redesignating clause (ii) as clause (iv) and inserting after clause (i) section 1240H the following:

changed “(ii) precision conservation management planning;“B Conservation stewardship program”

removed “(iii) the use of cover crops and resource conserving crop rotations; and”

(b)
changed Priority resource concern—Conservation stewardship program— Section 1240A Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) 3838d et seq.) is amended by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following:amended—
(1)
added by redesignating sections 1238D through 1238G as sections 1240I through 1240L, respectively; and
(2)
added by moving sections 1240I through 1240L (as so redesignated) so as to appear after the subchapter heading for subchapter B of chapter 4 of subtitle D of title XII of that Act (as added by subsection (a)(2)).
(c)
added Repeal—
(1)
added In general— Chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as amended by subsection (b)) is repealed.
(2)
added 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)
added Transitional provisions—
(A)
added Effect on existing contracts and agreements— The cessation of effectiveness under paragraph (2) shall not affect—
(i)
added 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)
added 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)
added 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)
added Renewal not permitted—
(i)
added In general— Notwithstanding subparagraph (A), and subject to clause (ii), the Secretary may not renew a contract or agreement described in that subparagraph.
(ii)
added Exception— The Secretary may renew a contract described in subparagraph (A)(i)—
(I)
added if that contract expires on or after December 31, 2019;
(II)
added 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)
added 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)
added RCPP contracts—
(i)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added any contract or agreement described in paragraph (3)(A)(i) for fiscal year 2019;
(B)
added any contract or agreement described in paragraph (3)(A)(ii);
(C)
added any contract extended under paragraph (3)(B); and
(D)
added 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)
added Conforming amendments—
(1)
added Food Security Act of 1985—
(A)
added 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)
added Section 1221(b)(3)(A) of the Food Security Act of 1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting “subchapter A of” before “chapter 4”.
(C)
added Section 1240J(b)(1) of the Food Security Act of 1985 (as redesignated by subsection (b)(1)) is amended by striking subparagraph (C).
(D)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Section 1244(l) of the Food Security Act of 1985 (16 U.S.C. 3844(l)) is amended—
(i)
added by striking “chapter 2” and inserting “chapter 4”; and
(ii)
added by inserting “subchapter A of” after “incentives program under”.
(2)
added Other laws—
(A)
added 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)
added 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)
added 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)
added 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)
added Section 1271(c)(3)(C) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C)) is amended by inserting “subchapter A of” before “chapter 4”.
(F)
added 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)
added 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”.

removed “(5) Priority resource concern—The term priority resource concern means a natural resource concern or problem, as determined by the Secretary, that—

removed “(A) is identified at the national, State, or local level as a priority for a particular area of a State; and

removed “(B) represents a significant concern in a State or region.”

(c)
removed Stewardship practice— Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended by adding at the end the following:

removed “(7) Stewardship practice—The term stewardship 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.”

Sec. 2302 Purposes of environmental quality incentives program

added Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended by striking paragraph (4) and inserting the following:

added “(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.”

(a)
removed 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)
removed Allocation of funding— Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended to read as follows:

removed “(f) Allocation of funding—For each of fiscal years 2014 through 2023, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).”

(c)
removed 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)
removed by amending paragraph (1) to read as follows:

removed “(1) Availability of payments—The Secretary may provide water conservation and system efficiency payments under this subsection to a producer for—

removed “(A) a water conservation scheduling technology or water conservation scheduling management;

removed “(B) irrigation-related structural practices;

removed “(C) the use of existing drainage systems, or to upgrade drainage systems, to provide irrigation or water efficiency; or

removed “(D) a transition to water-conserving crops or water-conserving crop rotations.”

(2)
removed by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

removed “(2) Limited eligibility of irrigation districts, irrigation associations, drainage districts, and acequias

removed “(A) In general—Notwithstanding section 1001(f)(6), the Secretary may enter into a contract under this subsection with an irrigation district, irrigation association, drainage district, or acequia to implement water conservation or irrigation practices pursuant to a watershed-wide project that will effectively conserve water, as determined by the Secretary.

removed “(B) Implementation—Water conservation or irrigation practices that are the subject of a contract entered into under this paragraph shall be implemented on—

removed “(i) eligible land of a producer; or

removed “(ii) land that is under the control of the irrigation district, irrigation association, drainage district, or acequia, and adjacent to such eligible land, as determined by the Secretary.

removed “(C) Waiver authority—The Secretary may waive the applicability of the limitations in section 1001D(b)(2) or section 1240G of this Act for a payment made under a contract entered into under this paragraph if the Secretary determines that such a waiver is necessary to fulfill the objectives of the project.

removed “(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.”

(3)
removed in paragraph (3), as so redesignated—
(A)
removed in the matter preceding subparagraph (A), by striking “to a producer” and inserting “under this subsection”;
(B)
removed 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 such land”; and
(C)
removed in subparagraph (B), by inserting “with respect to an application under paragraph (1),” before “the producer agrees”.
(d)
removed Stewardship 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:

removed “(j) Stewardship contracts

removed “(1) Identification of eligible priority resource concerns for States

removed “(A) In general—The Secretary, in consultation with the State technical committee, shall identify priority resource concerns within a State that are eligible to be the subject of a stewardship contract under this subsection.

removed “(B) Limitation—The Secretary shall identify not more than 3 eligible priority resource concerns under subparagraph (A) within each area of a State.

removed “(2) Contracts

removed “(A) In general—The Secretary shall enter into contracts with producers under this subsection that—

removed “(i) provide incentives, through annual payments, to producers to attain increased conservation stewardship on eligible land;

removed “(ii) adopt and install a stewardship practice to effectively address a priority resource concern identified as eligible under paragraph (1); and

removed “(iii) require management and maintenance of such stewardship practice for the term of the contract.

removed “(B) Term—A contract under this subsection shall have a term of not less than 5, nor more than 10, years.

removed “(C) Prioritization—Section 1240C(b) shall not apply to applications for contracts under this subsection.

removed “(3) Stewardship payments

removed “(A) In general—The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—

removed “(i) adopting and installing stewardship practices; and

removed “(ii) managing, maintaining, and improving the stewardship practices for the duration of the contract, as determined appropriate by the Secretary.

removed “(B) Payment amounts—In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable—

removed “(i) the level and extent of the stewardship practice to be installed, adopted, completed, maintained, managed, or improved;

removed “(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the stewardship practice;

removed “(iii) income foregone by the producer; and

removed “(iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the stewardship practice.

removed “(C) Limitation—The total amount of payments a person or legal entity receives pursuant to subparagraph (A) shall not exceed $50,000 for any fiscal year.

removed “(4) Reservation of funds—The Secretary may use not more than 50 percent of the funds made available under section 1241 to carry out this chapter for payments made pursuant to this subsection.”

Sec. 2303 Definitions under environmental quality incentives program

changed Section 1240G 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) 3839aa–1) is amended by inserting “or the period of fiscal years 2019 through 2023,” after “2018,”.amended—

(1)
added by redesignating paragraphs (1), (2), (3), (4) and (5) as paragraphs (2), (4), (5), (6), and (8), respectively;
(2)
added by inserting before paragraph (2) (as so redesignated) the following:

added “(1) Conservation planning assessment—The term conservation planning assessment means a report, as determined by the Secretary, that—

added “(A) is developed by—

added “(i) a State or unit of local government (including a conservation district);

added “(ii) a Federal agency; or

added “(iii) a third-party provider certified under section 1242(e) (including a certified rangeland professional);

added “(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land; and

added “(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)
added in paragraph (2) (as so redesignated), in subparagraph (B)(vi)—
(A)
added by inserting “environmentally sensitive areas,” after “marshes,”; and
(B)
added by inserting “identified or expected” before “resource concerns”;
(4)
added by inserting after paragraph (2) (as so redesignated) the following:

added “(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)
added in paragraph (6) (as so redesignated)—
(A)
added in subparagraph (A)—
(i)
added in clause (iv), by striking “and” at the end;
(ii)
added by redesignating clause (v) as clause (vii); and
(iii)
added by inserting after clause (iv) the following:

added “(v) soil testing;

added “(vi) soil remediation to be carried out by the producer; and”

(B)
added in subparagraph (B)—
(i)
added in clause (i), by striking “and” at the end;
(ii)
added by redesignating clause (ii) as clause (vi); and
(iii)
added by inserting after clause (i) the following:

added “(ii) planning for resource-conserving crop rotations (as defined in section 1240L(d)(1));

added “(iii) soil health planning, including increasing soil organic matter and the use of cover crops;

added “(iv) a conservation planning assessment;

added “(v) precision conservation management planning; and”

(6)
added by inserting after paragraph (6) (as so redesignated) the following:

added “(7) Priority resource concern—The term priority resource concern means a natural resource concern or problem, as determined by the Secretary, that—

added “(A) is identified at the national, State, or local level as a priority for a particular area of a State; and

added “(B) represents a significant concern in a State or region.”

(7)
added by adding at the end the following:

added “(9) Soil remediation—The term soil remediation means scientifically based practices that—

added “(A) ensure the safety of producers from contaminants in soil;

added “(B) limit contaminants in soil from entering agricultural products for human or animal consumption; and

added “(C) regenerate and sustain the soil.

added “(10) Soil testing—The term soil testing means the evaluation of soil health, including testing for—

added “(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

added “(B) the biological and physical characteristics indicative of proper soil functioning.”

Sec. 2304 Establishment and administration of environmental quality incentives program

(a)
changed Competitive grants for innovative conservation approaches—Establishment— Section 1240H(a) 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(a)) 3839aa–2(a)) is amended—amended by striking “2019” and inserting “2023”.
(1)
removed in paragraph (1), by inserting “use not more than $25,000,000 in each of fiscal years 2019 through 2023 to” after “the Secretary may”; and
(2)
removed in paragraph (2)(A), by inserting “or persons participating in an educational activity through an institution of higher education, including by carrying out demonstration projects on lands of the institution” before the semicolon at the end.
(b)
changed Air quality concerns from agricultural operations—Payments— Section 1240H(b)(2) 1240B(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(b)(2)) 3839aa–2(d)) is amended by inserting “, and $37,500,000 for each of fiscal years 2019 through 2023” after “2018”.amended—
(1)
added in paragraph (4)(B)—
(A)
added in clause (i)—
(i)
added by striking “Not more than” and inserting “On an election by a producer described in subparagraph (A), the Secretary shall provide at least”;
(ii)
added by striking “may be provided”; and
(iii)
added by striking “the purpose of” and inserting “all costs related to”; and
(B)
added by adding at the end the following:

added “(iii) Notification and documentation—The Secretary shall—

added “(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

added “(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.”

(2)
added by adding at the end the following:

added “(7) Increased payments for high-priority practices

added “(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—

added “(i) addresses specific causes of impairment relating to excessive nutrients in groundwater or surface water;

added “(ii) addresses the conservation of water to advance drought mitigation and declining aquifers;

added “(iii) meets other environmental priorities and other priority resource concerns identified in habitat or other area restoration plans; or

added “(iv) is geographically targeted to address a natural resource concern in a specific watershed.

added “(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)
changed On-Farm conservation innovation trials; reporting and database—Allocation of funding— Section 1240H 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) 3839aa–2(f)) is amended by striking subsection (c) and inserting the following:amended—
(1)
added in paragraph (1)—
(A)
added by striking “2014 through 2018” and inserting “2019 through 2023”;
(B)
added by striking “60” and inserting “50”; and
(C)
added by striking “production.” and inserting “production, including grazing management practices.”; and
(2)
added in paragraph (2)—
(A)
added by striking “For each” and inserting the following:

added “(A) Fiscal years 2014 through 2018—For each”

(B)
added by adding at the end the following:

added “(B) Fiscal years 2019 through 2023—For each of fiscal years 2019 through 2023, at least 10 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).”

(d)
added 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:

added “(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.

added “(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—

added “(A) a practice to carry out postharvest flooding; or

added “(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)
added 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)
added by striking paragraph (1) and inserting the following:

added “(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—

added “(A) water conservation scheduling, water distribution efficiency, soil moisture monitoring, or an appropriate combination thereof;

added “(B) irrigation-related structural or other measures that conserve surface water or groundwater, including managed aquifer recovery practices; or

added “(C) a transition to water-conserving crops, water-conserving crop rotations, or deficit irrigation.”

(2)
added by redesignating paragraph (2) as paragraph (3);
(3)
added by inserting after paragraph (1) the following:

added “(2) Eligibility of certain entities

added “(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.

added “(B) Implementation—Water conservation or irrigation practices that are the subject of a contract entered into under subparagraph (A) shall be implemented on—

added “(i) eligible land of a producer; or

added “(ii) land that is—

added “(I) under the control of an irrigation district, groundwater management district, acequia, land-grant mercedes, or similar entity; and

added “(II) adjacent to eligible land described in clause (i), as determined by the Secretary.

added “(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.

added “(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)
added in paragraph (3) (as so redesignated)—
(A)
added in the matter preceding subparagraph (A), by striking “to a producer” and inserting “under this subsection”;
(B)
added 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)
added in subparagraph (B), by inserting “except in the case of an application under paragraph (2),” before “the producer agrees”; and
(5)
added by adding at the end the following:

added “(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)
added 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)
added in the first sentence, by striking “Payments” and inserting the following:

added “(A) In general—Payments”

(2)
added in the second sentence, by striking “In applying these limitations” and inserting the following:

added “(B) Technical assistance—In applying the limitations under subparagraph (A)”

(3)
added in subparagraph (A) (as so designated)—
(A)
added by striking “aggregate, $20,000 per year or $80,000 during any 6-year period.” and inserting the following: “aggregate—

added “(i) through fiscal year 2018—

added “(I) $20,000 per year; or

added “(II) $80,000 during any 6-year period; and”

(B)
added by adding at the end the following:

added “(ii) during the period of fiscal years 2019 through 2023, $140,000.”

(g)
added 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:

added “(j) Conservation incentive contracts

added “(1) Identification of eligible priority resource concerns for States

added “(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.

added “(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.

added “(2) Contracts

added “(A) Authority

added “(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.

added “(ii) Inclusions—Through a contract entered into under clause (i), the Secretary may provide—

added “(I) funding, through annual payments, for certain incentive practices to attain increased levels of conservation on eligible land; or

added “(II) assistance, through a practice payment, to implement an incentive practice.

added “(B) Term—A contract under this subsection shall have a term of not less than 5, and not more than 10, years.

added “(C) Prioritization—Notwithstanding section 1240C, the Secretary shall develop criteria for evaluating incentive practice applications that—

added “(i) give priority to applications that address eligible priority resource concerns identified under paragraph (1); and

added “(ii) evaluate applications relative to other applications for similar agriculture and forest operations.

added “(3) Incentive practice payments

added “(A) In general—The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—

added “(i) adopting and installing incentive practices; and

added “(ii) managing, maintaining, and improving the incentive practices for the duration of the contract, as determined appropriate by the Secretary.

added “(B) Payment amounts—In determining the amount of payments under subparagraph (A), the Secretary shall consider, to the extent practicable—

added “(i) the level and extent of the incentive practice to be installed, adopted, completed, maintained, managed, or improved;

added “(ii) the cost of the installation, adoption, completion, management, maintenance, or improvement of the incentive practice;

added “(iii) income foregone by the producer, including payments, as appropriate, to address—

added “(I) increased economic risk;

added “(II) loss in revenue due to anticipated reductions in yield; and

added “(III) economic losses during transition to a resource-conserving cropping system or resource-conserving land use; and

added “(iv) the extent to which compensation would ensure long-term continued maintenance, management, and improvement of the incentive practice.

added “(C) Delivery of payments—In making payments under subparagraph (A), the Secretary shall, to the extent practicable—

added “(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

added “(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.”

removed “(c) On-Farm conservation innovation trials

removed “(1) In general—Using not more than $25,000,000 of the funds made available to carry out this chapter in 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—

removed “(A) directly with producers; or

removed “(B) through eligible entities.

removed “(2) Incentive payments

removed “(A) Agreements—In carrying out paragraph (1), the Secretary shall enter into agreements with producers 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.

removed “(B) Length of incentives—An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—

removed “(i) not less than 3 years; and

removed “(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—

removed “(I) adaptive management over multiple crop years; and

removed “(II) adequate data collection and analysis to report the natural resource and agricultural production benefits of the new or innovative conservation approaches.

removed “(3) Flexible adoption—A producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1) may determine the scale of adoption of the new or innovative conservation approaches in the on-farm conservation innovation trial, which may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.

removed “(4) Technical assistance—The Secretary shall provide technical assistance—

removed “(A) to a producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to the design, installation, and management of the new or innovative conservation approaches; and

removed “(B) to an eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to data analyses of the on-farm conservation innovation trial.

removed “(5) Definitions—In this subsection:

removed “(A) Eligible entity—The term eligible entity means a third-party private entity the primary business of which is related to agriculture.

removed “(B) New or innovative conservation approaches—The term new or innovative conservation approaches means—

removed “(i) new or innovative—

removed “(I) precision agriculture technologies;

removed “(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;

removed “(III) soil health management systems;

removed “(IV) water management systems;

removed “(V) resource-conserving crop rotations;

removed “(VI) cover crops; and

removed “(VII) irrigation systems; and

removed “(ii) any other conservation approach approved by the Secretary as new or innovative.

removed “(d) Reporting and database

removed “(1) Report required—Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of activities funded under this section, including—

removed “(A) funding awarded;

removed “(B) results of the activities; and

removed “(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary.

removed “(2) Conservation practice database

removed “(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—

removed “(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

removed “(ii) a list of recommended new and effective conservation practices.

removed “(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. 2305 Environmental quality incentives program plan

added

added 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

added

added Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa–7) is amended—

(1)
added by striking “A person” and inserting “Not including payments made under section 1240B(j), a person”; and
(2)
added by inserting “or the period of fiscal years 2019 through 2023,” after “2018,”.

Sec. 2307 Conservation innovation grants and payments

added
(a)
added 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)
added 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)
added by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
(3)
added by inserting after subparagraph (D) the following:

added “(E) partner with farmers to develop innovative practices for urban, indoor, or other emerging agricultural operations;

added “(F) utilize edge-of-field and other monitoring practices on farms—

added “(i) to quantify the impacts of practices implemented under the program; and

added “(ii) to assist producers in making the best conservation investments for the operations of the producers;”

(b)
added 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)
added 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:

added “(c) On-Farm conservation innovation trials

added “(1) Definitions—In this subsection:

added “(A) Eligible entity—The term eligible entity means, as determined by the Secretary—

added “(i) a third-party private entity the primary business of which is related to agriculture;

added “(ii) a nongovernmental organization with experience working with agricultural producers; or

added “(iii) a governmental organization.

added “(B) New or innovative conservation approach—The term new or innovative conservation approach means—

added “(i) new or innovative—

added “(I) precision agriculture technologies;

added “(II) enhanced nutrient management plans, nutrient recovery systems, and fertilization systems;

added “(III) soil health management systems, including systems to increase soil carbon levels;

added “(IV) water management systems;

added “(V) resource-conserving crop rotations (as defined in section 1240L(d)(1));

added “(VI) cover crops; and

added “(VII) irrigation systems; and

added “(ii) any other conservation approach approved by the Secretary as new or innovative.

added “(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—

added “(A) directly with producers; or

added “(B) through eligible entities.

added “(3) Incentive payments

added “(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.

added “(B) Adjusted Gross Income Requirements

added “(i) In general—Adjusted gross income requirements under section 1001D(b)(1) shall—

added “(I) apply to producers receiving payments under this subsection; and

added “(II) be enforced by the Secretary.

added “(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.

added “(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.

added “(D) Length of agreements—An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—

added “(i) not less than 3 years; and

added “(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—

added “(I) adaptive management over multiple crop years; and

added “(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.

added “(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.

added “(5) Technical assistance—The Secretary shall provide technical assistance—

added “(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

added “(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.

added “(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.

added “(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—

added “(A) to provide incentives to producers to implement conservation practices that—

added “(i) improve soil health;

added “(ii) increase carbon levels in the soil; or

added “(iii) meet the goals described in clauses (i) and (ii);

added “(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

added “(C)

added “(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

added “(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).

added “(d) Reporting and database

added “(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—

added “(A) funding awarded;

added “(B) results of the activities, including, if feasible, economic outcomes;

added “(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary; and

added “(D) on completion of the study required under subsection (c)(7)(C), the findings of the study.

added “(2) Conservation practice database

added “(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—

added “(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

added “(ii) a list of recommended new and effective conservation practices.

added “(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

added
(a)
added Definitions— Section 1240I of the Food Security Act of 1985 (as redesignated by section 2301(b)) is amended—
(1)
added in paragraph (2)(B)—
(A)
added in clause (i), by striking “and” at the end;
(B)
added in clause (ii), by striking the period at the end and inserting a semicolon; and
(C)
added by adding at the end the following:

added “(iii) development of a comprehensive conservation plan, as defined in section 1240L(e)(1);

added “(iv) soil health planning, including planning to increase soil organic matter; and

added “(v) activities that will assist a producer to adapt to, or mitigate against, increasing weather volatility.”

(2)
added in paragraph (7), by striking the period at the end and inserting the following:

added “(A) quality criteria under a resource management system;

added “(B) predictive analytics tools or models developed or approved by the Natural Resources Conservation Service;

added “(C) data from past and current enrollment in the program; and

added “(D) other methods that measure conservation and improvement in priority resource concerns, as determined by the Secretary.”

(b)
added Conservation stewardship program—
(1)
added 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)
added 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)
added Stewardship contracts— Section 1240K of the Food Security Act of 1985 (as redesignated by section 2301(b)) is amended—
(1)
added in subsection (b), by striking paragraph (1) and inserting the following:

added “(1) Ranking of applications

added “(A) In general—In evaluating contract offers submitted under subsection (a) and contract renewals under subsection (e), the Secretary shall rank applications based on—

added “(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;

added “(ii) the degree to which the proposed conservation activities increase natural resource conservation and environmental benefits; and

added “(iii) other consistent criteria, as determined by the Secretary.

added “(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)
added in subsection (c)—
(A)
added by striking “the program under subsection (a)” and inserting “a contract or contract renewal under this section”;
(B)
added by inserting “or contract renewal” before “offer ranks”;
(C)
added by inserting “or contract renewal” after “stewardship contract”; and
(D)
added by adding “or contract renewal” before the period at the end;
(3)
added in subsection (d)(2)(A), by striking “1238G(d)” and inserting “1240L(c)”; and
(4)
added in subsection (e)—
(A)
added 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)
added in paragraph (1), by striking “initial” and inserting “existing”;
(C)
added in paragraph (2)—
(i)
added by inserting “new or improved” after “integrate”; and
(ii)
added by inserting “demonstrating continued improvement during the additional 5-year period,” after “operation,”; and
(D)
added 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)
added Duties of Secretary— Section 1240L of the Food Security Act of 1985 (as redesignated by section 2301(b)) is amended—
(1)
added in subsection (b), in the matter preceding paragraph (1), by striking “acres” and inserting “funding”;
(2)
added by striking subsection (c);
(3)
added by redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
(4)
added in subsection (c) (as so redesignated), by adding at the end the following:

added “(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)
added in subsection (d) (as so redesignated)—
(A)
added in the subsection heading, by inserting “and advanced grazing management” after “rotations”;
(B)
added by striking paragraph (2);
(C)
added by redesignating paragraphs (1) and (4) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order;
(D)
added in paragraph (1) (as so redesignated)—
(i)
added by redesignating subparagraphs (A) through (D) and (E) as clauses (i) through (iv) and (vi), respectively, and indenting appropriately;
(ii)
added 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:

added “(1) Definitions—In this subsection:

added “(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—

added “(i) improved soil health and carbon sequestration;

added “(ii) drought resilience;

added “(iii) wildlife habitat;

added “(iv) wildfire mitigation;

added “(v) control of invasive plants; and

added “(vi) water quality improvement.

added “(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—

added “(i) maximizes the quantity and quality of forage growth;

added “(ii) improves manure distribution and nutrient cycling;

added “(iii) increases carbon sequestration from greater forage harvest;

added “(iv) improves the quality and quantity of cover for wildlife;

added “(v) provides permanent cover to protect the soil from erosion; and

added “(vi) improves water quality.

added “(C) Resource-conserving crop rotation—The term”

(iii)
added in subparagraph (C) (as so designated)—
(I)
added in clause (iv) (as so redesignated), by striking “and” at the end; and
(II)
added by inserting after clause (iv) (as so redesignated) the following:

added “(v) builds soil organic matter; and”

(E)
added 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:

added “(A) resource-conserving crop rotations; or

added “(B) advanced grazing management.”

(F)
added in paragraph (3)—
(i)
added by striking “paragraph (1)” and inserting “paragraph (2)”; and
(ii)
added 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)
added by adding at the end the following:

added “(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)
added by inserting after subsection (d) (as so redesignated) the following:

added “(e) Payment for comprehensive conservation plan

added “(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).

added “(2) Payment for comprehensive conservation plan—The Secretary shall provide a 1-time payment to a producer that develops a comprehensive conservation plan.

added “(3) Amount of payment—The Secretary shall determine the amount of payment under paragraph (2) based on—

added “(A) the number of priority resource concerns addressed in the comprehensive conservation plan; and

added “(B) the number of types of land uses included in the comprehensive conservation plan.”

(7)
added in subsection (f), by striking “2014 through 2018” and inserting “2019 through 2023”;
(8)
added in subsection (h)—
(A)
added by striking the subsection designation and heading and all that follows through “The Secretary” and inserting the following:

added “(h) Organic certification

added “(1) Coordination—The Secretary”

(B)
added by adding at the end the following:

added “(2) Allocation

added “(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).

added “(B) Determination—The Secretary shall determine the allocation to a State under subparagraph (A) based on—

added “(i) the number of certified and transitioning organic operations within the State; and

added “(ii) the number of acres of certified and transitioning organic production within the State.”

(9)
added by adding at the end the following:

added “(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.

added “(k) Soil health—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.

added “(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

added

added 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:

added “1240L–1. Grassland conservation initiative

added “(a) Definitions—In this section:

added “(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)).

added “(2) Initiative—The term initiative means the grassland conservation initiative established under subsection (b).

added “(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).

added “(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).

added “(d) Method of enrollment—The Secretary shall—

added “(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

added “(2) enroll the eligible land in the initiative under a contract described in subsection (e).

added “(e) Grassland conservation contract

added “(1) In general—Notwithstanding section 1240K(a)(1), to enroll eligible land in the initiative under a grassland conservation contract, a producer shall agree—

added “(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

added “(B) to comply with the terms and conditions of the contract.

added “(2) Terms—A grassland conservation contract entered into under this section shall—

added “(A)

added “(i) be for a single 5-year term; and

added “(ii) not be subject to renewal or reenrollment under section 1240K(e); and

added “(B) be subject to section 1240K(d).

added “(3) Early termination—The Secretary shall allow a producer that enters into a grassland conservation contract under this section—

added “(A) to terminate the contract at any time; and

added “(B) to retain payments already received under the contract.

added “(f) Grassland conservation plan—The grassland conservation plan developed for eligible land shall be limited to—

added “(1) eligible land; and

added “(2) resource concerns and activities relating to grassland.

added “(g) Payments

added “(1) In general—Beginning in fiscal year 2019, of the funds made available for this subchapter under section 1241(a)(3)(B), and notwithstanding any payment under title I of the Agriculture Improvement Act of 2018, an amendment made by that title, or section 1240L(c), the Secretary shall make annual grassland conservation contract payments to the producer of any eligible land that is the subject of a grassland conservation contract under this section.

added “(2) Payment noneligibility—A grassland conservation contract under this section shall not be—

added “(A) eligible for payments under section 1240L(d); or

added “(B) subject to the payment limitations under this subchapter.

added “(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.

added “(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.

added “(i) Other contracts—A producer with an agricultural operation that contains land eligible under this section and land eligible under section 1240K—

added “(1) may enroll the land eligible under this section through a contract under this section or under section 1240K; and

added “(2) shall not be prohibited from enrolling the land eligible under section 1240K through a contract under section 1240K.”

Sec. 2401 Watershed protection and flood prevention

(a)
added Assistance to local organizations— Section 3 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is amended—
(1)
added by striking the section designation and all that follows through “In order to assist” and inserting the following:

added “3. Assistance to local organizations

added “(a) In general—In order to assist”

(2)
added by adding at the end the following:

added “(b) Waiver—The Secretary may waive the watershed plan for works of improvement if the Secretary determines that—

added “(1) the watershed plan is unnecessary or duplicative; and

added “(2) the works of improvement are otherwise consistent with applicable requirements under section 4.”

(b)
added 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)
added 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:

added “15. Funding

added “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.”

removed Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by striking “2018” and inserting “2023”.

Sec. 2402 Soil and water resources conservation

added The Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.) is amended—

(a)
removed 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”.
(1)
changed Availability of funds— Section 1240O(b) of the Food Security Act of 1985 in section 5(e) (16 U.S.C. 3839bb–2(b)) is amended 2004(e)), by adding at the end the following:striking “and December 31, 2015” and inserting “December 31, 2015, and December 31, 2022”;
(2)
added 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)
added in section 7 (16 U.S.C. 2006)—
(A)
added in subsection (a), by striking “and 2016” and inserting “, 2016, and 2022”; and
(B)
added in subsection (b), in the matter preceding paragraph (1), by striking “and 2017” and inserting “, 2017, and 2023”; and
(4)
added in section 10 (16 U.S.C. 2009), by striking “2018” and inserting “2023”.

removed “(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. 2403 Emergency conservation program

(a)
added Repair or replacement of fencing—
(1)
added In general— Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—
(A)
added by inserting “wildfires,” after “hurricanes,”;
(B)
added by striking the section designation and all that follows through “The Secretary of Agriculture” and inserting the following:

added “401. Emergency conservation program

added “(a) In general—The Secretary of Agriculture (referred to in this title as the “Secretary”)”

(C)
added by adding at the end the following:

added “(b) Repair or replacement of fencing

added “(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.

added “(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)
added Conforming amendments—
(A)
added 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)
added Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4).

removed Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended—

(b)
changed Cost share payments— Title IV of the Agricultural Credit Act of 1978 is amended by striking “2012 and” and inserting “2012,”; andafter section 402 (16 U.S.C. 2202) the following:

added “402A. Cost-share requirement

added “(a) Cost-share rate—Subject to subsections (b) and (c), the maximum cost-share payment under sections 401 and 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.

added “(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.

added “(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)
changed Payment limitations— by inserting “, and $50,000,000 for the period Title IV of fiscal years 2019 through 2023” before the period at 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 end.following:

added “402B. Payment limitation

added “The maximum payment made under the emergency conservation program to an agricultural producer under sections 401 and 402 shall not exceed $500,000.”

(d)
added Watershed protection program— Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended—
(1)
added by striking the section heading and inserting “Emergency watershed program”; and
(2)
added in subsection (a), by inserting “watershed protection” after “emergency”.
(e)
added Funding and administration— Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended—
(1)
added in the fourth sentence, by striking “The Corporation” and inserting the following:

added “(d) Limitation—The Commodity Credit Corporation”

(2)
added in the third sentence (as amended by subsection (a)(2)(A)), by striking “In implementing the provisions of” and inserting the following:

added “(c) Use of Commodity Credit Corporation—In implementing”

(3)
added by striking the second sentence;
(4)
added by striking the section designation and all that follows through “There are authorized” in the first sentence and inserting the following:

added “404. Funding and administration

added “(a) Authorization of appropriations—There are authorized”

(5)
added in subsection (a) (as so designated), by inserting “, to remain available until expended” before the period at the end; and
(6)
added by inserting after subsection (a) (as so designated) the following:

added “(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

added Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended—

(a)
removed 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”.
(1)
changed Funds of Commodity Credit Corporation— The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended in subsection (c)(2), by adding at the end the following:

changed “15. Funding“(C) Partnerships—In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—

changed “In addition to any other funds made available by this Act, of the funds “(i) land-grant colleges and universities (as defined in section 1404 of the Commodity Credit Corporation, the Secretary shall make available to carry out this National Agricultural Research, Extension, and Teaching Policy Act $100,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.”1977 (7 U.S.C. 3103)); and

added “(ii) nongovernmental organizations.”

(2)
added in subsection (e), by striking “2018” and inserting “2023”.

Sec. 2405 Grassroots source water protection program

(a)
changed In general—Authorization of appropriations— The Secretary Section 1240O(b)(1) of Agriculture shall establish a feral swine eradication and control pilot program to respond to the threat feral swine pose to agriculture, native ecosystems, and human Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)(1)) is amended by striking “2018” and animal health.inserting “2023”.
(b)
changed Duties Availability of the Secretary—funds— In carrying out Section 1240O(b) of the pilot program, Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)) is amended by adding at the Secretary shall—end the following:

added “(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.”

(1)
removed study and assess the nature and extent of damage to the pilot areas caused by feral swine;
(2)
removed develop methods to eradicate or control feral swine in the pilot areas;
(3)
removed develop methods to restore damage caused by feral swine; and
(4)
removed provide financial assistance to agricultural producers in pilot areas.
(c)
removed Assistance— The Secretary may provide financial assistance to agricultural producers under the pilot program to implement methods to—
(1)
removed eradicate or control feral swine in the pilot areas; and
(2)
removed restore damage caused by feral swine.
(d)
removed 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 of the Food Security Act of 1985.
(e)
removed 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)
removed Cost sharing—
(1)
removed Federal share— The Federal share of the costs activities under the pilot program may not exceed 75 percent of the total costs of such activities.
(2)
removed 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)
removed Funding—
(1)
removed Mandatory funding— Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $100,000,000 for the period of fiscal years 2019 through 2023.
(2)
removed Distribution of funds— Of the funds made available under paragraph (1)—
(A)
removed 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)
removed 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)
removed 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. 2406 Voluntary public access and habitat incentive program

added Section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb–5) is amended—

(a)
removed Repair or replacement of fencing—
(1)
removed In general— Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—
(A)
removed by striking the section designation and all that follows through “The Secretary of Agriculture” and inserting the following:

removed “401. Payments to producers

removed “(a) In general—The Secretary of Agriculture (referred to in this title as the “Secretary”)”

(B)
removed in subsection (a), as so designated, by inserting “wildfires,” after “hurricanes,”; and
(C)
removed by adding at the end the following:

removed “(b) Repair or replacement of fencing—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 the payment, determined based on the applicable percentage of the fair market value of the cost of the repair or replacement, as determined by the Secretary, before the agricultural producer carries out the repair or replacement.”

(2)
removed Conforming amendments—
(A)
removed 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)
removed Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4).
(1)
changed Cost share payments— Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended in subsections (a) and (c), by striking “grants” each place it appears and inserting after section 402 the following:“funding”;
(2)
added in subsections (b) and (d)(2), by striking “a grant” each place it appears and inserting “funding”;
(3)
added 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)
added in subsection (f)—
(A)
added in paragraph (1)—
(i)
added by striking “2012 and” and inserting “2012,”; and
(ii)
added by inserting “, and $50,000,000 for the period of fiscal years 2019 through 2023” before the period at the end;
(B)
added by redesignating paragraph (2) as paragraph (3); and
(C)
added by inserting after paragraph (1) the following:

added “(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.”

removed “402A. Cost share requirement

removed “(a) Cost-share rate—The maximum cost-share payment under section 401 and section 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.

removed “(b) Exception—Not withstanding subsection (a), a qualified limited resource, socially disadvantaged, or beginning farmer or rancher payment under section 401 and 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.

removed “(c) Limitation—In no case shall the total payment under section 401 and 402 for a single event exceed 50 percent of what the Secretary has determined to be the agriculture value of the land.”

Sec. 2407 Wildlife management

(a)
added In general— The Secretary and the Secretary of the Interior shall continue to carry out the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of this Act, in accordance with—
(1)
added 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)
added United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.
(b)
added 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)
added Extension of period of regulatory predictability—
(1)
added 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)
added 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.

removed 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 and provide benefits to farmers, landowners, and the public.

Sec. 2408 Feral swine eradication and control pilot program

(a)
added 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.

removed The Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.) is amended—

(b)
changed Duties of the Secretary— in section 5(e), by striking “and December 31, 2015” and inserting “December 31, 2015, and December 31, 2022”;In carrying out the pilot program, the Secretary shall—
(1)
added study and assess the nature and extent of damage to the pilot areas caused by feral swine;
(2)
added develop methods to eradicate or control feral swine in the pilot areas;
(3)
added develop methods to restore damage caused by feral swine; and
(4)
added provide financial assistance to agricultural producers in pilot areas.
(c)
changed Assistance— in section 6(d), by striking “, respectively” and inserting “, and a The Secretary may provide financial assistance to agricultural producers under the pilot program update shall be completed by December 31, 2023”;to implement methods to—
(1)
added eradicate or control feral swine in the pilot areas; and
(2)
added restore damage caused by feral swine.
(d)
changed Coordination— in The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service coordinate for purposes of this section 7—through State technical committees established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)).
(A)
removed in subsection (a), by striking “and 2016” and inserting “, 2016, and 2022”; and
(B)
removed in subsection (b), in the matter preceding paragraph (1), by striking “and 2017” and inserting “, 2017, and 2023”;
(e)
changed Pilot areas— The Secretary shall carry out the pilot program in section 10, 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 striking “2018” and inserting “2023”;the Secretary.
(f)
added Cost sharing—
(1)
added 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)
added 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)
added Funding—
(1)
added 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)
added Distribution of funds— Of the funds made available under paragraph (1)—
(A)
added 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)
added 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)
added 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.
(5)
removed by redesignating sections 8 through 10 as sections 9 though 11, respectively; and
(6)
removed by inserting after section 7 the following:

removed “8. Conservation programs assessment

removed “(a) In general—In coordination with the appraisal of soil, water, and related resources and with the national soil and water conservation program established under this Act, the Secretary may carry out a conservation effects assessment project to quantify the environmental and economic effects of conservation practices, develop the science base for managing the agricultural landscape for environmental quality and sustainable productive capacity, and improve the efficacy of conservation practices and programs by evaluating conservation effects.

removed “(b) Scope—The project under this subsection may be carried out at national, regional, and watershed scales, and may include cropland, grazing lands, wetlands, forests, and such other lands as the Secretary may determine appropriate.

removed “(c) Activities—The project under this subsection may include research, literature reviews and bibliographies, modeling, assessment, monitoring and data collection, outreach, extension education, and such other activities as the Secretary may determine appropriate.

removed “9. Goals and assessment process for conservation programs

removed “(a) Natural resource and environmental objectives and outcomes

removed “(1) In general—In coordination with the appraisal of soil, water, and related resources, the soil and water conservation program, and the conservation effects assessment project established by this Act, the Secretary shall identify, and periodically revise, specific natural resource and environmental objectives and anticipated conservation outcomes and results, by resource concern, for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary.

removed “(2) Assessments—To help measure outcomes and results, the Secretary shall, to the maximum extent practicable, make assessments of changes in the status and conditions of natural resources and the environment that result from the application of conservation activities supported directly by such conservation programs and initiatives.

removed “(3) Monitoring and program evaluation—The Secretary shall establish a coordinated monitoring and evaluation process for programs and initiatives to assess progress toward the identified objectives, to gather information to improve program and initiative implementation in accordance with desired program and initiative outcomes and results, and to assess the need for modifications to program or initiative rules or statutes.

removed “(b) Monitoring and program evaluation

removed “(1) In general—The Secretary shall establish a comprehensive monitoring and program evaluation process to assess progress in reaching natural resource and environmental objectives identified in accordance with subsection (a) and the contribution of individual programs and initiatives, as well as the programs and initiatives collectively, to that progress.

removed “(2) Implementation—In implementing the monitoring and program evaluation process under paragraph (1), the Secretary may consider and incorporate resource concern inventories, quality criteria, conservation practices and enhancements, and such other information as the Secretary determines relevant for applying the monitoring and program evaluation process across each of the major land uses identified by the Secretary.

removed “(3) Monitoring and evaluation process

removed “(A) In general—Not later than two years after the date of enactment of this section, the Secretary shall issue a design for the comprehensive monitoring and evaluation process, a schedule for implementing the process, and a plan for coordinating the process with the national soil and water conservation program and conservation effects assessment project established under this Act.

removed “(B) Methodology—The design for the monitoring and evaluation process shall—

removed “(i) include detailed information concerning the requisite frequency of the monitoring process at the field, water body, habitat, or other level and the manner in which the data will be aggregated at the landscape or watershed level, county or local level, State level, national level, and any other level the Secretary determines necessary; and

removed “(ii) take into account the cumulative nature of conservation over time, the interactions and sequencing effects between conservation activities, the differing times for conservation effects to be realized, and other related measurement challenges.

removed “(C) Public research—Notwithstanding any other provision of law, in order to facilitate implementation of the monitoring and evaluation process, the Secretary shall make available conservation activity and program data to cooperators and researchers engaged in public research and evaluation activities to improve conservation outcomes under this subsection, provided that—

removed “(i) adequate assurances are provided to the Secretary that any resulting research or information will be made publicly available and in a form that protects personally identifiable information; and

removed “(ii) the National Technical Committee finds that any such research is likely to generate information that furthers the purpose of this section.

removed “(4) Cooperative agreements—The Secretary may implement the monitoring evaluation process in part through cooperative or contribution agreements with Federal, State, and local agencies, universities and colleges, nongovernmental organizations with requisite expertise, as determined by the Secretary in consultation with the National Technical Committee.

removed “(5) National technical committee

removed “(A) Composition—The monitoring and evaluation process shall be administered by the Natural Resources Conservation Service with assistance from a national technical committee appointed by the Secretary and composed of individuals with relevant technical and scientific expertise representing—

removed “(i) the Agricultural Research Service of the Department of Agriculture;

removed “(ii) the Economic Research Service of the Department of Agriculture;

removed “(iii) the Farm Service Agency of the Department of Agriculture;

removed “(iv) the Forest Service;

removed “(v) the National Institute for Food and Agriculture;

removed “(vi) the United States Geological Survey;

removed “(vii) State and tribal agencies;

removed “(viii) land grant university natural resource research programs;

removed “(ix) nongovernmental organizations with expertise in the full array of conservation issues and measurement and evaluation of conservation outcomes; and

removed “(x) such other agencies, institutions, or organizations as the Secretary may determine appropriate.

removed “(B) FACA exemption—The national technical committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

removed “(C) Transparency—The Secretary shall ensure the proceedings and recommendations of the national technical committee are available to the public.

removed “(6) Voluntary participation—In carrying out this subsection, the Secretary shall ensure that any on-farm monitoring activities that may be included as part of the monitoring and program evaluation process are voluntary on the part of the producer, and may include appropriate compensation, as determined by the Secretary.

removed “(7) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection, for each fiscal year, the amount that is equal to one percent of the total annual funding from the funds of the Commodity Credit Corporation made available in the preceding fiscal year for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985, excluding the conservation reserve program.

removed “(c) Reporting

removed “(1) Report on objectives and methods—Beginning in the fiscal year that is 3 years after the date of enactment of this subsection, and periodically thereafter, as determined by the Secretary, the Secretary shall submit to Congress, and make publicly available, a report that includes—

removed “(A) a description of conservation outcome objectives that are, to the maximum extent practicable, quantitative, measurable, and time-bound for each program established under subtitle D or H of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary;

removed “(B) a description of the approaches, tools, and methods used to measure or model the conservation outcomes and results and to estimate the cost-effectiveness of each such program; and

removed “(C) guidance to the conservation project partners working to implement conservation programs within a landscape-level project that provides a description of the approaches, tools, and methods the partners might consider using to measure and model the conservation outcomes and results of their projects.

removed “(2) Report on outcomes—In conjunction with each of the reports to Congress pursuant to section 7, the Secretary shall submit to Congress, and make publicly available, a report that includes—

removed “(A) an assessment of progress made towards achieving conservation program objectives and anticipated outcomes and results for each conservation program established under subtitle D or H of title XII of the Food Security Act of 1985, as well as for such programs collectively, and the landscape conservation initiatives developed by the Secretary;

removed “(B) an evaluation of the cost-effectiveness of each such conservation program and initiative; and

removed “(C) recommendations, in light of the assessment and evaluation, to improve program implementation and improve the scientific and economic tools (including any new or revised conservation practices, conservation enhancements, or conservation planning tools) used to achieve stated natural resource conservation and environmental objectives.

removed “(3) Coordination—The Secretary may coordinate the reports required under paragraphs (1) and (2) with any reports developed as part of the conservation effects assessment project authorized by section 8, whenever such coordination is feasible and warranted, as determined by the Secretary.”

Sec. 2409 Report on small wetlands

added
(a)
added 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)
added 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

added

added It is the sense of Congress that the Federal Government should recognize and encourage partnerships at the watershed level between nonpoint sources and regulated point sources to advance the goals of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and provide benefits to farmers, landowners, and the public.

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)
changed in paragraph (1), by striking “2018” each place it appears and inserting “2023”;(1)—
(A)
added 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)
added in subparagraph (B)—
(i)
added 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)
added 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:

changed “(F) $500,000,000 $450,000,000 for each of fiscal years 2019 through 2023.”

(4)
changed by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;inserting the following:

added “(3) The programs under chapter 4, using, to the maximum extent practicable—

added “(A) for the environmental quality incentives program under subchapter A of that chapter—

added “(i) $1,750,000,000 for fiscal year 2019;

added “(ii) $1,750,000,000 for fiscal year 2020;

added “(iii) $1,800,000,000 for fiscal year 2021;

added “(iv) $1,850,000,000 for fiscal year 2022; and

added “(v) $2,025,000,000 for fiscal year 2023; and

added “(B) for the conservation stewardship program under subchapter B of that chapter—

added “(i) $700,000,000 for fiscal year 2019;

added “(ii) $725,000,000 for fiscal year 2020;

added “(iii) $750,000,000 for fiscal year 2021;

added “(iv) $800,000,000 for fiscal year 2022; and

added “(v) $1,000,000,000 for fiscal year 2023.”

(5)
changed in paragraph (3) (as so redesignated), (4), by inserting “, as “(as in effect on the day before the date of enactment of the Agriculture and Nutrition Improvement Act of 2018, 2018), using such sums as are necessary to administer contracts entered into before the earlier of September 30, 2018, or such that date of enactment” before the period at the end; and
(6)
changed in by striking paragraph (4) (as so redesignated)—(5).
(A)
removed in subparagraph (D), by striking “and” at the end;
(B)
removed in subparagraph (E), by striking “each of fiscal years 2018 through 2019.” and inserting “fiscal year 2018;”; and
(C)
removed by adding at the end the following:

removed “(F) $2,000,000,000 for fiscal year 2019;

removed “(G) $2,500,000,000 for fiscal year 2020;

removed “(H) $2,750,000,000 for fiscal year 2021;

removed “(I) $2,935,000,000 for fiscal year 2022; and

removed “(J) $3,000,000,000 for fiscal year 2023.”

(b)
Availability of funds— Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking “2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5))” and inserting “2023”.
(c)
changed Technical Report on program enrollments and assistance— Section 1241(c) 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(c)) 3841(i)) is amended—amended to read as follows:

added “(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)
removed by amending paragraph (2) to read as follows:

removed “(2) Priority—In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), the Secretary shall give priority to producers who request technical assistance from the Secretary in order to comply for the first time with the requirements of subtitle B and subtitle C of this title as a result of the amendments made by section 2611 of the Agricultural Act of 2014.”

(2)
removed by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).
(d)
removed Regional equity—
(1)
removed In general— Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by striking subsection (e) and redesignating subsections (f) through (i) as subsections (e) through (h), respectively.
(2)
removed Conforming amendments— Section 1221(c) of the Food Security Act of 1985 (16 U.S.C. 3821(c)) is amended by striking “1241(f)” and inserting “1241(e)” each place it appears.
(e)
removed Reservation of funds To provide assistance to certain farmers or ranchers for conservation access— Section 1241(g) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended—
(1)
removed in paragraph (1), by striking “2018 to carry out the environmental quality incentives program and the acres made available for each of such fiscal years to carry out the conservation stewardship program” and inserting “2023 to carry out the environmental quality incentives program”; and
(2)
removed by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).
(f)
removed Report on program enrollments and assistance— Section 1241(h) of the Food Security Act of 1985 (as redesignated by subsection (d) of this section) is amended to read as follows:

removed “(h) Report on program enrollments and assistance—Not later than December 15 of each of calendar years 2018 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 subtitle, 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);

added “(C) waivers granted by the Secretary under section 1001D(b)(3);

removed “(C) waivers granted by the Secretary under section 1001D(b)(3) of this Act;

“(D) exceptions and activity associated with section 1240B(h)(2); and

added “(E) exceptions provided by the Secretary under section 1265B(b)(2)(B)(ii).”

(d)
added Allocations review and update— Section 1241(g) of the Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended—
(1)
added in paragraph (1)—
(A)
added 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)
added by inserting “annual” after “utilize”; and
(C)
added 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)
added in paragraph (2)—
(A)
added by striking “that the formulas” and inserting the following:

added “(A) the formulas”

(B)
added in subparagraph (A) (as so designated), by striking the period at the end and inserting a semicolon; and
(C)
added by adding at the end the following:

added “(B) to the maximum extent practicable, local natural resource concerns are considered a leading factor in determining annual funding allocation to States;

added “(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

added “(D) the allocation of funds to States addresses priority natural resource concerns and objectives.”

(e)
added 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)
added in paragraph (1)—
(A)
added by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(B)
added in the matter preceding clause (i) (as so redesignated), by striking “Of the funds” and inserting the following:

added “(A) Fiscal years 2009 through 2018—Of the funds”

(C)
added by adding at the end the following:

added “(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—

added “(i) 5 percent to assist beginning farmers or ranchers; and

added “(ii) 5 percent to assist socially disadvantaged farmers or ranchers.”

(2)
added 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)
added 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)
added 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)
added 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:

added “(j) Conservation standards and requirements

added “(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—

added “(A) standards for conservation practices under this title;

added “(B) technical guidelines for implementing conservation practices under this title, including the location of the conservation practices; and

added “(C) standards for conservation plans.

added “(2) Consistency of Farm Service Agency technical standards and payment rates—The Administrator of the Farm Service Agency shall ensure that—

added “(A) technical standards of programs administered by the Farm Service Agency are consistent with the technical standards established by the Natural Resources Conservation Service under paragraph (1); and

changed “(E) exceptions provided by “(B) payment rates, to the Secretary under section 1265B(b)(2)(C).”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:

changed “(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.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)
changed Certification of third-Party providers—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:

changed “(4) Alternative certificationCertification process—The Secretary shall certify a third-party provider through—

changed “(A) In general—In carrying out this subsection, the Secretary shall approve any qualified a certification that process administered by the Secretary determines meets or exceeds Secretary, acting through the national criteria provided under paragraph (3)(B).Chief of the Natural Resources Conservation Service; or

changed “(B) Qualified certification—In this paragraph, the term qualified certification means a professional certification that is established non-Federal entity approved by the Secretary, an agriculture retailer, a farmer cooperative, the American Society of Agronomy, or Secretary to perform the National Alliance of Independent Crop Consultants, including certification—certification.

changed “(i) as “(5) Streamlined certification—The Secretary shall provide a Certified Crop Advisor by the American Society of Agronomy;streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability certification.”

(c)
added Expedited revision of standards— Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended—
(1)
added in paragraph (1)—
(A)
added by striking subparagraph (A) and inserting the following:

added “(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)
added in subparagraph (B), by striking “and” at the end;
(C)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(D)
added by adding at the end the following:

added “(D) evaluate opportunities to increase flexibility in conservation practice standards in a manner that ensures equivalent natural resource benefits.”

(2)
added in paragraph (2), by inserting “State technical committees established under section 1261(a),” before “crop consultants”; and
(3)
added by striking paragraph (3) and inserting the following:

added “(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—

added “(A) expediting the establishment and revision of conservation practice standards;

added “(B) considering conservation innovations and scientific and technological advancements with respect to any establishment or revision under subparagraph (A);

added “(C) allowing local flexibility in the creation of—

added “(i) interim practice standards and supplements to existing practice standards to address the considerations described in subparagraph (B); and

added “(ii) partnership-led proposals for new and innovative techniques to facilitate implementing agreements and grants under this title; and

added “(D) soliciting regular input from State technical committees established under section 1261(a) for recommendations that identify innovations or advancements described in subparagraph (B).

added “(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—

added “(A) the administrative process developed under paragraph (3);

added “(B) conservation practice standards that were established or revised under that process; and

added “(C) conservation innovations that were considered under that process.”

removed “(ii) as a Certified Professional Agronomist by the American Society of Agronomy; and

removed “(iii) as a Comprehensive Nutrient Management Plan Specialist by the Secretary.”

Sec. 2503 Administrative requirements for conservation programs

(a)
added Acreage limitations— Section 1244(f) of the Food Security Act of 1985 (16 U.S.C. 3844(f)) is amended—
(1)
added in paragraph (1)(B), by striking “10” and inserting “15”; and
(2)
added in paragraph (5), by striking “the Agricultural Act of 2014” and inserting “the Agriculture Improvement Act of 2018”.
(b)
added Requirements for conservation programs— Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended—

removed Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended—

(1)
renumbered was (3) by striking subsection (m);
(2)
added by redesignating subsections (j) through (l) as subsections (k) through (m), respectively; and
(3)
added by inserting after subsection (i) the following:

added “(j) Review and guidance for practice costs and payment rates

added “(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—

added “(A) review the estimates for practice costs and rates of payments made to producers for practices on eligible land under this title; and

added “(B) evaluate whether those costs and rates reflect a payment that—

added “(i) encourages participation in a conservation program administered by the Secretary;

added “(ii) encourages implementation of the most effective practices to address local natural resource concerns on eligible land; and

added “(iii) accounts for regional, State, and local variability relating to the complexity, implementation, and adoption of practices on eligible land.

added “(2) Guidance; review—The Secretary shall—

added “(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

added “(B) determine the appropriate practice costs and rates of payments for each State by—

added “(i) annually reviewing each conservation program payment schedule and payment rate used in the State; and

added “(ii) consulting with the State technical committee established under section 1261(a) in that State.”

(c)
changed Funding for Indian Tribes— Section 1244(m) of the Food Security Act of 1985 (as redesignated by redesignating subsections (i) through (l) as subsections (j) through (m), respectively, and inserting after subsection (h) the following:(b)(2)) is amended—
(1)
added by striking “may” and inserting “shall”;
(2)
added by striking “that the goals” and inserting the following:

added “(1) the goals”

(3)
added in paragraph (1) (as so designated), by striking “arrangements, and that statutory” and inserting the following:

added “(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

added “(3) statutory”

(4)
added 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.”.

removed “(i) Source water protection through targeting of agricultural practices

removed “(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 waters for drinking water (including protecting against public health threats) while also benefitting agricultural producers.

removed “(2) Collaboration with water systems and increased incentives—In encouraging practices under paragraph (1), the Secretary shall—

removed “(A) work collaboratively with community water systems and State technical committees established under section 1261 to identify, in each State, local priority areas for the protection of source waters for drinking water; and

removed “(B) offer to producers increased incentives and higher payment rates than are otherwise statutorily authorized through conservation programs administered by the Secretary for practices that result in significant environmental benefits that the Secretary determines—

removed “(i) relate to water quality or water quantity; and

removed “(ii) occur primarily outside of the land on which the practices are implemented.

removed “(3) Reservation of funds—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 with respect to each conservation program administered by the Secretary under this title except the conservation reserve program.”

(d)
changed Source water protection through targeting of agricultural practices— in subsection (m), as so redesignated, by striking “the conservation stewardship program under subchapter B Section 1244 of chapter 2 the Food Security Act of subtitle D and”.1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended by adding at the end the following:

added “(n) Source water protection through targeting of agricultural practices

added “(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.

added “(2) Collaboration with water systems and increased incentives

added “(A) In general—In encouraging practices under paragraph (1), the Secretary shall—

added “(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

added “(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.

added “(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.

added “(3) Reservation of funds

added “(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).

added “(B) Limitation—Funds available for a specific conservation program shall not be transferred to fund a different conservation program under this title.”

(e)
added 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:

added “(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)
added 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:

added “(p) Regulatory certainty

added “(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—

added “(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—

added “(i) that relates to soil, water, or wildlife; and

added “(ii) over which that Federal agency, State, Indian tribe, or unit of local government has authority; and

added “(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.

added “(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—

added “(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);

added “(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;

added “(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

added “(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.

added “(3) Continuing current collaboration on soil, water, or wildlife conservation practices—The Secretary shall—

added “(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

added “(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—

added “(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

added “(ii) United States Fish and Wildlife Service Director’s Order No. 217, dated August 9, 2016, as in effect on August 9, 2016.

added “(4) Savings clause—Nothing in this subsection—

added “(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;

added “(B) modifies or otherwise affects, preempts, or displaces—

added “(i) any cause of action; or

added “(ii) a provision of Federal or State law establishing a remedy for a civil or criminal cause of action; or

added “(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.”

Sec. 2504 Temporary administration of conservation programs

(a)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Funding— The Secretary may only use funds authorized to be made available by this title or the amendments made by this title for the specific programs described in paragraphs (1) through (4) of subsection (a) and subsection (b), in accordance with any restrictions on the use of those funds, for the purposes described in subsections (a) and (b).
(d)
added Termination of authority— The authority of the Secretary to carry out subsections (a) and (b) shall terminate on September 30, 2019.
(e)
added 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.

removed 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:

removed “(14) The State 1862 Institution (as defined in section 2(1) of the Agricultural Research, Extension, and Education Reform Act of 1998).”

Sec. 2602 Definitions

added Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended—

(a)
removed Agricultural land easement— Section 1265A(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3865a(1)(B)) is amended by striking “subject to an agricultural land easement plan, as approved by the Secretary”.
(1)
changed Eligible land— Section 1265A(3) of in paragraph(1)(B), by striking “subject to an agricultural land easement plan, as approved by the Food Security Act of 1985 (16 U.S.C. 3865a(3)) is amended—Secretary”;
(1)
removed by amending subparagraph (A)(iii)(VI) to read as follows:

removed “(VI) nonindustrial private forest land that contributes to the economic viability of an offered parcel, or serves as a buffer to protect such land from development, which may include up to 100 percent of the parcel if the Secretary determines enrolling the land is important to protect a forest to provide significant conservation benefits;”

(2)
removed in subparagraph (B)(i)(II), by striking “, as determined by the Secretary in consultation with the Secretary of the Interior at the local level”.
(2)
changed Monitoring report— Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended by redesignating paragraphs (4) (2), (3), (4), and (5) as paragraphs (5) and (3), (4), (6), respectively, and inserting after paragraph (3) the following:(7), respectively;
(3)
added by inserting after paragraph (1) the following:

added “(2) Buy-protect-sell transaction

added “(A) In general—The term “buy-protect-sell transaction” means a legal arrangement—

added “(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;

added “(ii) under which the eligible entity certifies to the Secretary that the eligible entity shall—

added “(I)

added “(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

added “(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

added “(II) make an initial sale of the land subject to the agricultural land easement to a farmer or rancher at not more than agricultural value, plus any reasonable holding and transaction costs incurred by the eligible entity, as determined by the Secretary; and

added “(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).

added “(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)
added in paragraph (4) (as so redesignated)—
(A)
added in subparagraph (A)(i)—
(i)
added by striking “to a” and inserting the following:

added “(I) a”

(ii)
added in subclause (I) (as so designated), by adding “or” at the end; and
(iii)
added by adding at the end the following:

added “(II) a buy-protect-sell transaction;”

(B)
added 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)
added by inserting after paragraph (4) (as so redesignated) the following:

added “(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.”

removed “(4) 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 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)
changed Availability of assistance— Section 1265B(a)(2) 1265B(a) of the Food Security Act of 1985 (16 U.S.C. 3865b(a)(2)) 3865b(a)) is amended by striking “provide for the conservation of natural resources pursuant to an agricultural land easement plan” and inserting “implement the program”.amended—
(1)
added in paragraph (1), by striking “and” at the end;
(2)
added 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)
added by adding at the end the following:

added “(3) buy-protect-sell transactions.”

(b)
changed Cost-Share Cost-share assistance—
(1)
changed Scope of assistance available— Section 1265B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended by striking subparagraphs (B) and (C) and inserting the following:amended—
(A)
added in subparagraph (B), by striking clause (ii) and inserting the following:

added “(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.

added “(iii) Permissible forms—The non-Federal share provided by an eligible entity under this subparagraph may comprise—

added “(I) cash resources;

added “(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;

added “(III) costs associated with securing a deed to the agricultural land easement, including the cost of appraisal, survey, inspection, and title; and

added “(IV) other costs, as determined by the Secretary.”

(B)
added by striking subparagraph (C).

removed “(B) Non-Federal share—An eligible entity may use for any part of its share—

removed “(i) a cash contribution;

removed “(ii) a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the landowner from which the agricultural land easement will be purchased; or

removed “(iii) funding from a Federal source other than the Department of Agriculture.

removed “(C) 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.”

(2)
changed 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 by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following:amended—
(A)
added by redesignating subparagraph (C) as subparagraph (E); and
(B)
added by inserting after subparagraph (B) the following:

added “(C) Accounting for geographic differences—The Secretary may adjust the criteria established under subparagraph (A) to account for geographic differences, if the adjustments—

removed “(C) Accounting for geographic differences—The Secretary shall, in coordination with State technical committees, adjust the criteria established under subparagraph (A) to account for geographic differences among States, if such adjustments—

“(i) meet the purposes of the program; and

added “(ii) continue to maximize the benefit of the Federal investment under the program.

added “(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.”

removed “(ii) continue to maximize the benefit of the Federal investment under the program.”

(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)
changed in subparagraph (C)—(C), by striking clauses (iii) and (iv) and inserting the following:
(i)
removed in clause (i), by inserting “and the agricultural use of the land that is subject to the agricultural land easement” after “the program”; and
(ii)
removed 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

added “(II) does not extend to a right of inspection unless—

added “(aa)

added “(AA) the holder of the easement fails to provide monitoring reports in a timely manner; or

added “(BB) the Secretary has a reasonable and articulable belief that the terms and conditions of the easement have been violated; and

added “(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;

removed “(II) does not extend to a right of inspection unless the holder of the easement fails to provide monitoring reports in a timely manner;

“(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)
changed in subparagraph (E)(ii), by inserting “in the case of fraud or gross negligence,” before “the Secretary may require”; redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(C)
changed by adding at the end inserting after subparagraph (C) the following:

changed “(F) Mineral development—Upon request by an “(D) Additional permitted terms and conditions—An eligible entity, the Secretary shall allow, under entity may include terms and conditions for an agreement under this subsection, mineral development on land subject to the agricultural land easement, if the Secretary determines that the mineral development—easement that—

changed “(i) has limited and localized effects;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;

changed “(ii) is not irremediably destructive of significant conservation interests; andallow 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—

changed “(iii) would not alter or affect “(I) the topography or landscape.subsurface mineral development—

changed “(G) Environmental services markets—The Secretary may not prohibit, through an agreement under this subsection, an owner of land subject to the agricultural land easement from participating in, and receiving compensation from, an environmental services market if “(aa) has a purpose of the market is the facilitation of additional conservation benefits that are consistent with the purposes of the program.”limited and localized impact;

added “(bb) does not harm the agricultural use and conservation values of the land subject to the easement;

added “(cc) does not materially alter or affect the existing topography;

added “(dd) shall comply with a subsurface mineral development plan that—

added “(AA) includes a plan for the remediation of impacts to the agricultural use and conservation values of the land subject to the easement; and

added “(BB) is approved by the Secretary prior to the initiation of mineral development activity;

added “(ee) is not accomplished by any surface mining method;

added “(ff) is within the impervious surface limits of the easement under subparagraph (C)(v); and

added “(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

added “(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

added “(iii) include other relevant activities relating to the agricultural land easement, as determined by the Secretary.”

(4)
Certification of eligible entities— Section 1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended—
(A)
in subparagraph (A)—
(i)
in clause (ii), by striking “; and” and inserting a semicolon;
(ii)
in clause (iii), by striking the period at the end and inserting “; and”; and
(iii)
by adding at the end the following:

“(iv) allow a certified eligible entity to use its own terms and conditions, notwithstanding paragraph (4)(C), as long as the terms and conditions are consistent with the purposes of the program.”

(B)
changed by amending in subparagraph (B) to read as follows:(B)—
(i)
added in clause (iii), by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and indenting appropriately;
(ii)
added by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(iii)
added in the matter preceding subclause (I) (as so redesignated), by striking “entity will” and inserting the following: “eligible entity—

added “(i) will”

(iv)
added in clause (i)(III)(cc) (as so redesignated), by striking the period at the end and inserting a semicolon; and
(v)
added by adding at the end the following:

added “(ii) has—

added “(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body, as determined by the Secretary;

added “(II) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and

added “(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

added “(iii) is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection that has—

added “(I) acquired not fewer than 10 agricultural land easements under the program or any predecessor program; and

added “(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)
added 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:

removed “(B) Certification criteria—In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity—

removed “(i) is a land trust that has—

removed “(I) been accredited by the Land Trust Accreditation Commission, or by an equivalent accrediting body (as determined by the Secretary); and

removed “(II) acquired not fewer than five agricultural land easements under the program; or

removed “(ii) will maintain, at a minimum, for the duration of the agreement—

removed “(I) a plan for administering easements that is consistent with the purpose of the program;

removed “(II) the capacity and resources to monitor and enforce agricultural land easements; and

removed “(III) policies and procedures to ensure—

removed “(aa) the long-term integrity of agricultural land easements on land subject to such easements;

removed “(bb) timely completion of acquisitions of such easements; and

removed “(cc) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program.”

(c)
removed Technical assistance— Section 1265B(d) of the Food Security Act of 1985 (16 U.S.C. 3865b(d)) is amended to read as follows:

“(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

changed Section 1265C(b)(5)(D)(i)(III) 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c(b)(5)(D)(i)(III)) is amended by inserting after “under subsection (f)” the following: “or a grazing management plan that 3865c) is consistent with the wetland reserve easement plan and has been reviewed, and modified as necessary, at least every five years”.amended—

(1)
added in subsection (b)—
(A)
added in paragraph (3)(C), by inserting “or improving water quality” before the period at the end; and
(B)
added in paragraph (5)—
(i)
added in subparagraph (C)—
(I)
added by striking “Land subject” and inserting the following:

added “(i) In general—Land subject”

(II)
added in clause (i) (as so designated), by inserting “water management,” after “timber harvest,”; and
(III)
added by adding at the end the following:

added “(ii) Compatible use authorization—In evaluating and authorizing a compatible economic use under clause (i), the Secretary shall—

added “(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;

added “(II) consider the ability of an authorized use to facilitate the practical administration and management of that land; and

added “(III) ensure that an authorized use furthers the functions and values for which the wetland reserve easement was established.”

(ii)
added 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)
added in subsection (f)—
(A)
added by striking paragraph (1) and inserting the following:

added “(1) Wetland reserve easement plan

added “(A) In general—The Secretary shall develop a wetland reserve easement plan—

added “(i) for any eligible land subject to a wetland reserve easement; and

added “(ii) that restores, protects, enhances, manages, maintains, and monitors the eligible land subject to the wetland reserve easements acquired under this section.

added “(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)
added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C)
added by inserting after paragraph (1) the following:

added “(2) Alternative plant communities—The Secretary, in coordination with State technical committees established under section 1261(a) and pursuant to State-specific criteria and guidelines, may authorize the establishment or restoration of a hydrologically appropriate native community or alternative naturalized vegetative community as part of a wetland reserve easement plan on land subject to a wetland reserve easement if that hydrologically appropriate native or alternative naturalized vegetative community shall—

added “(A) substantially support or benefit migratory waterfowl or other wetland wildlife; or

added “(B) meet local resource concerns or needs (including as an element of a regional, State, or local wildlife initiative or plan).”

Sec. 2605 Administration

added Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended—

(1)
added in paragraph (a)(4), by striking “proposed” and inserting “permitted”;
(a)
removed Ineligible land— Section 1265D(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3865d(a)(4)) is amended—
(1)
removed by striking “or off-site”; and
(2)
removed by striking “proposed or” and inserting “permitted or”.
(b)
removed Subordination, exchange, modification, and termination—
(1)
removed Subordination and exchange— Section 1265D(c)(1) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)(1)) is amended—
(A)
removed in the paragraph heading, by striking “In general” and inserting “Subordination and exchange”;
(B)
removed by striking “subordinate, exchange, modify, or terminate” each place it appears and inserting “subordinate or exchange”; and
(C)
removed by striking “subordination, exchange, modification, or termination” each place it appears and inserting “subordination or exchange”.
(2)
removed Modification; termination— Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended—
(A)
removed by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;
(B)
removed by inserting after paragraph (1) the following:

removed “(2) Modification

removed “(A) Authority—The Secretary may modify 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 modification—

removed “(i) has a neutral effect on, or increases, the conservation values;

removed “(ii) is consistent with the original intent of the easement; and

removed “(iii) is consistent with the purposes of the program.

removed “(B) Limitation—In modifying an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.

removed “(3) Termination—The Secretary may terminate 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—

removed “(A) the current owner of the land that is subject to the easement and the holder of the easement agree to the termination; and

removed “(B) the Secretary determines that the termination would be in the public interest.”

(C)
removed in paragraph (5) (as so redesignated), by striking “paragraph (1)” and inserting “paragraph (3)”.
(2)
changed Landowner eligibility— Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended by adding at the end striking subsection (c) and inserting the following:

changed “(f) Landowner eligibility—The limitation described in paragraph (1) of section 1001D(b) shall not apply to a landowner from which an easement under the program is to be purchased with respect to any benefit described in paragraph (2)(B) of such section related to the purchase of such easement.”“(c) Subordination, exchange, modification, and termination

added “(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—

added “(A) increases conservation values or has a limited negative effect on conservation values;

added “(B) minimally affects the acreage subject to the interest in land; and

added “(C) is in the public interest or furthers the practical administration of the program.

added “(2) Modification and exchange

added “(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—

added “(i) no reasonable alternative exists and the effect on the interest in land is avoided or minimized to the extent practicable; and

added “(ii) the modification or exchange—

added “(I) results in equal or increased conservation values;

added “(II) results in equal or greater economic value to the United States;

added “(III) is consistent with the original intent of the easement;

added “(IV) is consistent with the purposes of the program; and

added “(V) is in the public interest or furthers the practical administration of the program.

added “(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.

added “(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—

added “(A) termination is in the interest of the Federal Government;

added “(B) the United States will be fully compensated for—

added “(i) the fair market value of the interest in land;

added “(ii) any costs relating to the termination; and

added “(iii) any damages determined appropriate by the Secretary; and

added “(C) the termination will—

added “(i) address a compelling public need for which there is no practicable alternative even with avoidance and minimization; and

added “(ii) further the practical administration of the program.

added “(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.

added “(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.”

(3)
added in subsection (d)—
(A)
added in paragraph (1), by striking “transferred into the program” and inserting “enrolled in an easement under section 1265C(b)”; and
(B)
added by adding at the end the following:

added “(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.”

Sec. 2701 Establishment and purposes

added Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is amended—

(1)
added in subsection (a)—
(A)
added 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)
added in paragraph (2), by striking “contracts with producers” and inserting “program contracts with producers”; and
(2)
added in subsection (b)—
(A)
added in paragraph (1), in the matter preceding subparagraph (A), by striking “use covered programs” and inserting “carry out eligible activities”;
(B)
added by striking paragraph (2) and inserting the following:

added “(2) To further the conservation, protection, restoration, and sustainable use of soil, water (including sources of drinking water and groundwater), wildlife, agricultural land, and related natural resources on eligible land on a regional or watershed scale.”

(C)
added in paragraph (3)—
(i)
added 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)
added in subparagraph (B), by striking “installation” and inserting “adoption, installation,”; and
(a)
removed Covered program— Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 3871a(1)) is amended—
(1)
removed by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and
(D)
renumbered was (2)(4) by adding at the end the following:

added “(4) To encourage the flexible and streamlined delivery of conservation assistance to producers through partnership agreements.

added “(5) To engage producers and eligible partners in conservation projects to achieve greater conservation outcomes and benefits for producers than would otherwise be achieved.”

removed “(D) The conservation reserve program established under subchapter B of chapter 1 of subtitle D.

removed “(E) Programs provided for in the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012).”

(b)
removed Eligible activity— Section 1271A(2) of the Food Security Act of 1985 (16 U.S.C. 3871a(2)) is amended—
(1)
removed in subparagraph (B), by inserting “resource-conserving crop rotations,” before “or dryland farming”; and
(2)
removed by redesignating subparagraphs (C) through (J) as subparagraphs (D) through (K), respectively, and inserting after subparagraph (B) the following:

removed “(C) Protection of source waters for drinking water.”

Sec. 2702 Definitions

added Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is amended—

(a)
removed Length— Section 1271B(b) of the Food Security Act of 1985 (16 U.S.C. 3871b(b)) is amended to read as follows:

removed “(b) Length—A partnership agreement, including a renewal of a partnership agreement under subsection (d)(5), shall be—

removed “(1) for a period not to exceed 5 years, which period the Secretary may extend one time for up to 12 months; or

removed “(2) for a period that is longer than 5 years, if such longer period is necessary to meet the objectives of the program, as determined by the Secretary.”

(1)
changed Duties of partners— Section 1271B(c)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 3871b(c)(1)(E)) is amended by inserting “, including quantification of the project’s environmental outcomes” before the semicolon.in paragraph (1)—
(A)
added in subparagraph (C), by inserting “, not including the grassland conservation initiative under section 1240L–1” before the period at the end; and
(c)
removed Applications— Section 1271B(d) of the Food Security Act of 1985 (16 U.S.C. 3871b(d)) is amended—
(1)
removed in paragraph (1), by inserting “simplified” before “competitive process to select”; and
(B)
renumbered was (4)(4) by adding at the end the following:

added “(E) The conservation reserve program established under subchapter B of chapter 1 of subtitle D.

added “(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)
added by striking paragraphs (2) and (3) and inserting the following:

added “(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.

added “(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)
added in paragraph (4)—
(A)
added in subparagraph (E), by inserting “acequia,” after “irrigation district,”; and
(B)
added by adding at the end the following:

added “(I) An organization described in section 1265A(3)(B).

added “(J) A conservation district.”

(4)
added by striking paragraph (5) and inserting the following:

added “(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.”

(5)
added by adding at the end the following:

added “(7) Program contract

added “(A) In general—The term program contract means the contract between the Secretary and a producer entered into under this subtitle.

added “(B) Exclusion—The term program contract does not include a contract under a covered program.”

removed “(5) Renewals—If a project that is the subject of a partnership agreement has met or exceeded the objectives of the project, as determined by the Secretary, the eligible partners may submit, through an expedited program application process, an application to—

removed “(A) continue to implement the project under a renewal of the partnership agreement; or

removed “(B) expand the scope of the project under a renewal of the partnership agreement.”

Sec. 2703 Regional conservation partnerships

changed Section 1271C(c) 1271B of the Food Security Act of 1985 (16 U.S.C. 3871c(c)) 3871b) is amended—

(1)
changed in paragraph (2), in the matter preceding subparagraph (A), by striking “a period of 5 years” subsection (b) and inserting “the applicable period under section 1271B(b)”; andthe following:

added “(b) Length

added “(1) In general—A partnership agreement shall be—

added “(A) for a period not to exceed 5 years; or

added “(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.

added “(2) Renewal—A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.

added “(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)
changed in paragraph (3), by striking “the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers” and inserting “notwithstanding the requirements of paragraph (3) of section 1001D(b), the Secretary may waive the applicability of the limitation in paragraph (2) of such section, and any limitation on the maximum amount of payments related to the covered programs, for participating producers”.subsection (c)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A)—
(I)
added by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(II)
added by striking clauses (i) and (ii) and inserting the following:

added “(i) 1 or more conservation benefits that the project shall achieve;

added “(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;

added “(iii) the implementation timeline for carrying out the project, including any interim milestones;”

(ii)
added in subparagraph (D), by striking “funds” and inserting “contributions”; and
(iii)
added in subparagraph (E), by striking “of the project’s effects; and” and inserting the following: “of—

added “(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

added “(ii) as appropriate, other outcomes of the project; and”

(B)
added in paragraph (2)—
(i)
added by striking “An eligible” and inserting the following:

added “(A) In general—An eligible”

(ii)
added by adding at the end the following:

added “(B) Form—A contribution of an eligible partner under this paragraph may be in the form of—

added “(i) direct funding;

added “(ii) in-kind support; or

added “(iii) a combination of direct funding and in-kind support.

added “(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)
added by redesignating subsection (d) as subsection (e);
(4)
added by inserting after subsection (c) the following:

added “(d) Duties of Secretary—The Secretary shall—

added “(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—

added “(A) entering into program contracts with producers;

added “(B) providing financial assistance to producers; and

added “(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;

added “(2) identify in each State a program coordinator for the State, who shall be responsible for providing assistance to eligible partners under the program;

added “(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);

added “(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)—

added “(A) a semiannual report describing the status of each pending and obligated contract under the project of the eligible partner; and

added “(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

added “(5) ensure that any eligible activity effectively achieves the conservation benefits identified in the partnership agreement under subsection (c)(1)(A)(i).”

(5)
added in subsection (e) (as redesignated by paragraph (3))—
(A)
added in paragraph (1), by inserting “simplified” after “conduct a”;
(B)
added in paragraph (3)—
(i)
added by striking the paragraph designation and heading and all that follows through “description of—” and inserting the following:

added “(3) Contents—The Secretary shall develop a simplified application that includes a description of—”

(ii)
added in subparagraph (C), by striking “, including the covered programs to be used”; and
(iii)
added in subparagraph (D), by striking “financial”;
(C)
added in paragraph (4)—
(i)
added by striking subparagraph (D);
(ii)
added by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
(iii)
added by inserting after subparagraph (C) the following:

added “(D) build new partnerships with local, State, and private entities to include a diversity of stakeholders in the project;

added “(E) deliver a high percentage of applied conservation—

added “(i) to achieve conservation benefits; or

added “(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;

added “(F) implement the project consistent with existing watershed, habitat, or other area restoration plans;”

(D)
added by adding at the end the following:

added “(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—

added “(A) to continue to implement the project under a renewal of the partnership agreement; or

added “(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.”

(6)
added by adding at the end the following:

added “(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

changed Section 1271D(a) 1271C of the Food Security Act of 1985 (16 U.S.C. 3871d(a)) 3871c) is amended to read as follows:amended—

(1)
added by striking subsections (a) and (b) and inserting the following:

added “(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.

added “(b) Program contracts

added “(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.

added “(2) Application bundles

added “(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.

added “(B) Priority—The Secretary may give priority to applications described in subparagraph (A).”

(2)
added in subsection (c)—
(A)
added in paragraph (1), by striking “In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer” and inserting “Subject to section 1271D, the Secretary may make payments to a producer”; and
(B)
added in paragraph (3), by striking “participating”; and
(3)
added by adding at the end the following:

added “(d) Funding through alternative funding arrangements or grant agreements

added “(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.

added “(2) Duties of the Secretary—The Secretary shall—

added “(A) under a funding agreement under paragraph (1)—

added “(i) use funding made available to carry out this subtitle to provide funding directly to the eligible partner; and

added “(ii) provide technical and administrative assistance, as mutually agreed by the parties; and

added “(B) enter into not more than 15 alternative funding arrangements or grant agreements with 1 or more eligible partners each fiscal year.

added “(3) Duties of eligible partners—Under a funding agreement under paragraph (1), the eligible partner shall—

added “(A) carry out eligible activities on eligible land in agreement with producers to achieve conservation benefits on a regional or watershed scale, such as—

added “(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would—

added “(I) benefit multiple producers; and

added “(II) address natural resource concerns such as drought, wildfire, or water quality impairment on the land covered by the project;

added “(ii) projects addressing natural resources concerns in coordination with producers, including the development and implementation of watershed, habitat, or other area restoration plans;

added “(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—

added “(I) the provision of performance-based payments to producers; and

added “(II) support for an environmental market; or

added “(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

added “(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—

added “(i) the use of the funds awarded under paragraph (1);

added “(ii) any subcontracts awarded;

added “(iii) the producers receiving funding through the funding agreement under paragraph (1);

added “(iv)

added “(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

added “(II) as appropriate, other outcomes of the project; and

added “(v) any other reporting data the Secretary determines are necessary to ensure compliance with the program rules.”

removed “(a) Availability of funds—Of the funds of the Commodity Credit Corporation, the Secretary shall use, to carry out the program—

removed “(1) $100,000,000 for each of fiscal years 2014 through 2018; and

removed “(2) $250,000,000 for each of fiscal years 2019 through 2023.”

Sec. 2705 Funding

changed Section 1271E 1271D of the Food Security Act of 1985 (16 U.S.C. 3871e) 3871d) is amended—

(1)
changed by redesignating subsection (b) as subsection (c) and inserting after in subsection (a) the following:(a)—
(A)
added by striking “$100,000,000” and inserting “$300,000,000”; and
(B)
added by striking “2014 through 2018” and inserting “2019 through 2023”;

removed “(b) Guidance—The Secretary shall provide eligible partners and producers participating in the partnership agreements with guidance on how to quantify and report on environmental outcomes associated with the adoption of conservation practices under the program.”

(2)
changed in by striking subsection (c), as so redesignated—(c);
(3)
added by redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
(4)
added in subsection (c) (as so redesignated)—
(A)
added in the matter preceding paragraph (1)—
(i)
added by striking “and acres”; and
(ii)
added by striking “and reserved for the program under subsection (c)”;
(B)
added in paragraph (1)—
(i)
added 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)
added by adding “and” after the semicolon;
(C)
added by striking paragraph (2);
(D)
added by redesignating paragraph (3) as paragraph (2); and
(E)
added in paragraph (2) (as so redesignated), by striking “35 percent of the funds and acres” and inserting “50 percent of the funds”;
(5)
added in subsection (d) (as so redesignated)—
(A)
added by striking “None of the funds made available or reserved for the program” and inserting the following:

added “(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),”

(A)
removed in paragraph (3), by striking “; and” and inserting a semicolon;
(B)
removed in paragraph (4)(C), by striking the period and inserting “; and”; and
(B)
renumbered was (4)(4) by adding at the end the following:

added “(2) Project development and outreach—Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under section 1271C(d), the Secretary may advance reasonable amounts of funding for not longer than 90 days for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—

added “(A) providing outreach and education to producers for potential participation in the project;

added “(B) establishing baseline metrics to support the development of the assessment required under section 1271B(c)(1)(E); or

added “(C) providing technical assistance to producers.”

(6)
added by adding at the end the following:

added “(e) Technical assistance

added “(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.

added “(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.

added “(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.”

removed “(5) the progress that eligible partners and producers participating in the partnership agreements are making in quantifying and reporting on environmental outcomes associated with the adoption of conservation practices under the program.”

Sec. 2706 Administration

changed Section 1271F(c) 1271E of the Food Security Act of 1985 (16 U.S.C. 3871f(c)) 3871e) is amended by striking paragraph (3).amended—

(1)
added in subsection (a), by striking “1271B(d)” each place it appears and inserting “1271B(e)”;
(2)
added in subsection (b)—
(A)
added in the matter preceding paragraph (1), by striking “December 31, 2014” and inserting “December 31, 2019”;
(B)
added by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
(C)
added by inserting before paragraph (2) (as so redesignated) the following:

added “(1) a summary of—

added “(A) the progress made towards achieving the conservation benefits defined for the projects; and

added “(B) any other related outcomes of the projects;”

(D)
added in paragraph (4) (as so redesignated), by striking “and” at the end;
(E)
added in paragraph (5) (as so redesignated)—
(i)
added in the matter preceding subparagraph (A), by striking “1271C(b)(2)” and inserting “1271C(d)”; and
(ii)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(F)
added by adding at the end the following:

added “(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—

added “(A) the priority resource concerns for which each critical conservation area is designated;

added “(B) conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concerns;

added “(C) the partnership agreements selected to address each conservation goal and outcome; and

added “(D) the extent to which each conservation goal and outcome is being addressed by the partnership agreements.”

(3)
added by adding at the end the following:

added “(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—

added “(1) to comply with applicable conservation requirements under subtitle B; and

added “(2) to comply with applicable wetland protection requirements under subtitle C.

added “(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).

added “(e) Regulations—The Secretary shall issue regulations to carry out the program.”

Sec. 2801 Repeal of conservation security and conservation stewardship programs

removed
(a)
removed Repeal— Except as provided in subsection (b), chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) is repealed.
(b)
removed Transitional provisions for conservation stewardship program—
(1)
removed Effect on existing contracts— The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture 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 required to be made in connection with the contract.
(2)
removed No renewals— Notwithstanding paragraph (1), the Secretary may not renew a contract described in such paragraph.

Sec. 2802 Repeal of terminal lakes assistance

removed

removed Section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6) is repealed.

Sec. 2803 Technical amendments

removed
(a)
removed 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”.
(b)
removed 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”.
(c)
removed 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 “General Accountability Office”.
(d)
removed 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)
removed by striking “goodwater” and inserting “floodwater”; and
(2)
removed by striking “Secretary of Health, Education, and Welfare” each place it appears and inserting “Secretary of Health and Human Services”.

Sec. 3001 Findings

removed
(a)
removed Findings— Congress finds the following:
(1)
removed The United States has long been the world’s largest donor of international food assistance.
(2)
removed American farmers have been instrumental in the success of United States international food assistance programs by providing an affordable, safe, and reliable source of nutritious agricultural commodities.
(3)
removed Through the efforts of the United States maritime industry and private voluntary organizations, agricultural commodities grown in the United States have been delivered to millions of people in need around the globe.
(4)
removed The United States should continue to use its abundant agricultural productivity to promote the foreign policy of the United States by enhancing the food security of the developing world through the timely provision of agricultural commodities.

Sec. 3002 Labeling requirements

removed

removed Subsection (g) of section 202 of the Food for Peace Act (7 U.S.C. 1722) is amended to read as follows:

removed “(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 commodities and food procured outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which such commodities and other assistance are distributed, as being furnished by the people of the United States of America.”

Sec. 3003 Food aid quality assurance

removed

removed 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. 3004 Local sale and barter of commodities

removed

removed Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended—

(1)
removed in subsection (a), by inserting “to generate proceeds to be used as provided in this section” before the period at the end;
(2)
removed by striking subsection (b); and
(3)
removed by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

Sec. 3005 Minimum levels of assistance

removed

removed 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. 3006 Extension of termination date of Food Aid Consultative Group

removed

removed Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is amended by striking “2018” and inserting “2023”.

Sec. 3007 Issuance of regulations

removed

removed 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 and Nutrition Act of 2018”.

Sec. 3008 Funding for program oversight, monitoring, and evaluation

removed

removed Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—

(1)
removed in subparagraph (A)—
(A)
removed by striking “$17,000,000” and inserting “1.5 percent”; and
(B)
removed by striking “2014 through 2018” the first place it appears and inserting “2019 through 2023”; and
(C)
removed by striking “2018” the second place it appears and inserting “2023”; and
(2)
removed in subparagraph (B)—
(A)
removed in clause (i), by striking “2018” and inserting “2023”; and
(B)
removed in clause (ii), by striking “chapter 1 of part I of”.

Sec. 3009 Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods

removed

removed Section 208 the Food for Peace Act (7 U.S.C. 1726b) is amended—

(1)
removed by amending the section heading to read as follows: “International Food Relief Partnership”; and
(2)
removed in subsection (f), by striking “2018” and inserting “2023”.

Sec. 3010 Consideration of impact of provision of agricultural commodities and other assistance on local farmers and economy

removed
(a)
removed Inclusion of all modalities— Section 403(a) of the Food for Peace Act (7 U.S.C. 1733(a)) is amended—
(1)
removed 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)
removed in paragraph (1), by inserting “in the case of the provision of an agricultural commodity,” before “adequate”; and
(3)
removed in paragraph (2), by striking “commodity” and inserting “agricultural commodity or use of the food procured outside of the United States, food vouchers, or cash transfers for food”.
(b)
removed Avoidance of disruptive impact— Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—
(1)
removed in the first sentence, by inserting “, food procured outside of the United States, food vouchers, and cash transfers for food” after “agricultural commodities”; and
(2)
removed in the second sentence, by striking “of sales of agricultural commodities”.

Sec. 3011 Prepositioning of agricultural commodities

removed

removed 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. 3012 Annual report regarding food aid programs and activities

removed
(a)
removed In general— Section 407(f) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)) is amended to read as follows:

removed “(f) Annual report regarding food aid programs and activities

removed “(1) In general—Not later than April 1 of each fiscal year, the Administrator and the Secretary shall prepare, either jointly or separately, a report regarding each program and activity carried out under this Act during the prior fiscal year. If the report for a fiscal year will not be submitted to the appropriate committees of Congress by the date specified in this subparagraph, the Administrator and the Secretary shall promptly notify such committees about the delay, including the reasons for the delay, the steps being taken to complete the report, and an estimated submission date.

removed “(2) Contents—An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following:

removed “(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).

removed “(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.

removed “(C) A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to—

removed “(i) this Act;

removed “(ii) section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b));

removed “(iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and

removed “(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).

removed “(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.

removed “(E) A description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program.

removed “(F) An assessment of—

removed “(i) each program oversight, monitoring, and evaluation system implemented under section 207(f); and

removed “(ii) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title.

removed “(G) An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.

removed “(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:

removed “(i) How such funds were used by the eligible organization.

removed “(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.

removed “(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.

removed “(I) For funds expended for the 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 section.

removed “(3) Rate of return described—For purposes of applying subparagraph (H), the rate of return for a commodity shall be equal to the proportion that—

removed “(A) the proceeds the implementing partners generate through monetization; bears to

removed “(B) the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.”

(b)
removed Conforming repeal— Subsection (m) of section 403 of the Food for Peace Act (7 U.S.C. 1733) is repealed.

Sec. 3013 Deadline for agreements to finance sales or to provide other assistance

removed

removed Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking “2018” and inserting “2023”.

Sec. 3014 Minimum level of nonemergency food assistance

removed

removed Subsection (e) of section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended to read as follows:

removed “(e) Minimum level of nonemergency food assistance

removed “(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.

removed “(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 deemed to be expended on nonemergency food assistance programs for purposes of this section.”

Sec. 3015 Termination date for micronutrient fortification programs

removed

removed 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. 3016 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

removed
(a)
removed Statement of policy—
(1)
removed In general— It is in the national interests of the United States to advance food security in developing countries and open new markets for agricultural trade through programs that leverage the unique capabilities of Federal departments and agencies, and improve coordination between donors, beneficiaries, and the private sector.
(2)
removed Role of Department of Agriculture— The Department of Agriculture plays an important role in establishing trade between the United States and other nations and should enhance its role in facilitating the transfer of the knowledge, skills, and experience of American farmers, land-grant universities, and extension services through the John Ogonowski and Doug Bereuter Farmer-To-Farmer Program under title V of the Food for Peace Act (7 U.S.C. 1737).
(b)
removed Clarification of nature of assistance— Section 501(b)(1) of the Food for Peace Act (7 U.S.C. 1737(b) is amended—
(1)
removed in paragraph (1) by inserting “technical” before “assistance”; and
(2)
removed in paragraph (2)(A)—
(A)
removed by striking “; and” at the end of clause (viii); and
(B)
removed by striking clause (ix) and inserting the following:

removed “(ix) agricultural education and extension;

removed “(x) selection of seed varieties and plant stocks;

removed “(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;

removed “(xii) use and maintenance of agricultural equipment and irrigation systems; and

removed “(xiii) selection of fertilizers and methods of soils treatment; and”

(c)
removed Eligible participants— Section 501(b)(2) of the Food for Peace Act (7 U.S.C. 1737(b)(2)) is amended by inserting “retired extension staff of the Department of Agriculture,” after “private corporations,”.
(d)
removed Additional purpose— Section 501(b) of the Food for Peace Act (7 U.S.C. 1737(b)) is amended—
(1)
removed by striking “and” at the end of paragraph (5);
(2)
removed by redesignating paragraph (6) as paragraph (7); and
(3)
removed by inserting after paragraph (5) the following new paragraph:

removed “(6) foster appropriate investments in institutional capacity-building and allow longer-term and sequenced assignments and partnerships to provide deeper engagement and greater continuity on such projects; and”

(e)
removed Minimum funding— Subsection (d) of section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended to read as follows:

removed “(d) Minimum Funding

removed “(1) In general—Notwithstanding any other provision of law, in addition to any funds that may be specifically appropriated to carry out this section, not less than the greater of $15,000,000 or 0.6 percent of the amounts made available for each of fiscal years 2014 through 2023, to carry out this Act shall be used to carry out programs under this section, of which—

removed “(A) not less than 0.2 percent to be used for programs in developing countries; and

removed “(B) not less than 0.1 percent to be used for programs in sub-Saharan African and Caribbean Basin countries.

removed “(2) Treatment of expenditures—Funds used to carry out programs under this section shall be counted towards the minimum level of nonemergency food assistance specified in section 412(e).”

(f)
removed Authorization of appropriations— Section 501(e)(1) of the Food for Peace Act (7 U.S.C. 1737(e)(1)) is amended in by striking “2018” and inserting “2023”.
(g)
removed Crop yields and innovative partnerships— Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended by adding at the end the following:

removed “(f) Establishment of a geographically defied crop yield metrics—The Secretary of Agriculture, in cooperation with the Administrator of the Agency for International Development, should—

removed “(1) establish a geographically defined crop yield metrics system to assess improvements in crop yields in countries and areas receiving assistance under this title; and

removed “(2) store the data resulting from such geographically defined crop yield metrics system in a publicly available Internet database system.

removed “(g) Grant program to create new partners and innovation

removed “(1) In general—The Administrator of the Agency for International Development shall develop a grant program for fiscal years 2019 through 2023 to facilitate new and innovative partnerships and activities under this title.

removed “(2) Use of funds—Grant recipients under this subsection shall use such funds—

removed “(A) to prioritize new implementing partners;

removed “(B) on innovative volunteer models;

removed “(C) on strategic partnerships with other United States development programs; and

removed “(D) on expanding the footprint and impact of the programs and activities under this title, and diversity among program participants, including land grant colleges or universities and extension services.

removed “(h) Appropriations—None of the amounts made available to carry out this title may be used to carry out subsections (f) and (g) of this section except to the extent that such subsections are carried out using authorities otherwise provided by this title.”

Sec. 2707 Critical conservation areas

added

added Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is amended—

(1)
added by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;
(2)
added by inserting before subsection (b) (as so redesignated) the following:

added “(a) Definitions—In this section:

added “(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.

added “(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—

added “(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;

added “(B) water quantity improvement, including improvement relating to—

added “(i) drought;

added “(ii) groundwater, surface water, aquifer, or other water sources; or

added “(iii) water retention and flood prevention;

added “(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and

added “(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.”

(3)
added in subsection (b) (as so redesignated)—
(A)
added by striking “(b) In general.—” and inserting the following:

added “(b) Applications”

(B)
added by striking “1271D(d)(3)” and inserting “1271D(d)(2)”;
(C)
added by striking “producer” and inserting “program”; and
(D)
added 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)
added in subsection (c) (as so redesignated)—
(A)
added by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;
(B)
added by inserting before paragraph (2) (as so redesignated) the following:

added “(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)
added in paragraph (2) (as so redesignated)—
(i)
added by striking subparagraphs (C) and (D) and inserting the following:

added “(C) contains 1 or more priority resource concerns; or”

(ii)
added by redesignating subparagraph (E) as subparagraph (D); and
(D)
added by striking paragraph (3) (as so redesignated) and inserting the following:

added “(3) Review and withdrawal—The Secretary may—

added “(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and

added “(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.”

(5)
added by inserting after subsection (c) (as so redesignated) the following:

added “(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.”

(6)
added in subsection (e) (as so redesignated)—
(A)
added in paragraph (1), by striking “producer” and inserting “program”; and
(B)
added by striking paragraph (3).

Sec. 2811 Repeal of Conservation Corridor Demonstration Program

added
(a)
added 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)
added 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

added

added 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

added

added Subtitle F of title III of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.

Sec. 2814 Repeal of flood risk reduction

added

added 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

added

added 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

added

added 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

added

added Section 325 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed.

Sec. 2821 Technical amendments

added
(a)
added 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)
added by striking “goodwater” and inserting “floodwater”; and
(2)
added by striking “Secretary of Health, Education, and Welfare” each place it appears and inserting “Secretary of Health and Human Services”.
(b)
added Delineation of wetlands; exemptions— Section 1222(j) of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended by striking “National Resources Conservation Service” and inserting “Natural Resources Conservation Service”.
(c)
added 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)
added Terminal lakes assistance— Section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6) is amended—
(1)
added in subsection (e)—
(A)
added by striking paragraph (1);
(B)
added by redesignating paragraph (2) as paragraph (1); and
(C)
added by adding at the end the following:

added “(2) No additional funds

added “(A) In general—Nothing in this section authorizes any additional funds to carry out this section.

added “(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.”

(2)
added by adding at the end the following:

added “(f) Termination of authority—The authority provided by this section shall terminate on October 1, 2023.”

(e)
added 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)
added 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

added
(a)
added 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)
added 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:

added “(14) The State Cooperative Extension Service and land grant university in the State.”

Sec. 3101 Labeling requirements

changed Congress finds Section 202(g) of the following:Food for Peace Act (7 U.S.C. 1722(g)) is amended to read as follows:

added “(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.”

(1)
removed United States export development programs significantly increase demand for United States agriculture products within foreign markets, boosting agricultural export volume and overall farm income, and generating a net return of $28 in added export revenue for each invested program dollar.
(2)
removed Our global competitors provide substantially more public support for export promotion than is provided to United States agricultural exporters. The Market Access Program and Foreign Market Development Program receive combined annual funding of approximately $234,500,000. In comparison, the European Union allocates $255,000,000 annually for the international promotion of wine alone.
(3)
removed The preservation and streamlining of United States export market development programs complements the recent reorganization within the Department of Agriculture by ensuring the newly established Under Secretary for Trade and Foreign Agricultural Affairs has the tools necessary to enhance the competitiveness of the United States agricultural industry on the global stage.

Sec. 3102 Food aid quality assurance

added 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”.

(a)
removed International Market Development Program— Section 205 of the Agricultural Trade Act of 1978 (7 U.S.C. 5625) is amended to read as follows:

removed “205. International Market Development Program

removed “(a) Program required—The Secretary and the Commodity Credit Corporation shall establish and carry out a program, to be known as the “International Market Development Program”, to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities.

removed “(b) Market access program component

removed “(1) In general—As one of the components of the International Market Development Program, the Commodity Credit Corporation shall carry out a program to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities through cost-share assistance to eligible trade organizations that implement a foreign market development program.

removed “(2) Types of assistance—Assistance under this subsection may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary.

removed “(3) Participation requirements

removed “(A) Marketing plan and other requirements—To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—

removed “(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;

removed “(ii) meet any other requirements established by the Secretary; and

removed “(iii) enter into an agreement with the Secretary.

removed “(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.

removed “(C) Specific elements—To be approved by the Secretary, a marketing plan submitted under this paragraph shall—

removed “(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;

removed “(ii) establish specific market goals to be achieved under the marketing plan; and

removed “(iii) contain whatever additional requirements are determined by the Secretary to be necessary.

removed “(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.

removed “(E) Amendments—An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval by the Secretary of the amendments.

removed “(4) Level of assistance and cost-share requirements

removed “(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.

removed “(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.

removed “(5) Other terms and conditions

removed “(A) Multi-year basis—The Secretary may provide assistance under this subsection on a multi-year basis, subject to annual review by the Secretary for compliance with the approved marketing plan.

removed “(B) Termination of assistance—The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—

removed “(i) the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;

removed “(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;

removed “(iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or

removed “(iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the program.

removed “(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:

removed “(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.

removed “(ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.

removed “(iii) A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.

removed “(6) Restrictions on use of funds—Assistance provided under this subsection to an eligible trade organization shall not be used—

removed “(A) to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or

removed “(B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern, excluding a cooperative, 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 a nonprofit trade association.

removed “(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 assistance provided under this subsection.

removed “(8) Program considerations and priorities—In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—

removed “(A) give equal consideration to—

removed “(i) proposals submitted by organizations that were participating organizations in prior fiscal years; and

removed “(ii) proposals submitted by eligible trade organizations that have not previously participated in the program established under this title;

removed “(B) give equal consideration to—

removed “(i) proposals submitted for activities in emerging markets; and

removed “(ii) proposals submitted for activities in markets other than emerging markets.

removed “(9) Priority—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.

removed “(10) Contribution level

removed “(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.

removed “(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.

removed “(11) Additionality—The Secretary should require each participant in the 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.

removed “(12) Independent audits—If as a result of an evaluation or audit of activities of a participant under the 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.

removed “(13) Tobacco—No funds made available under the market promotion program may be used for activities to develop, maintain, or expand foreign markets for tobacco.

removed “(c) Foreign Market Development Cooperator component

removed “(1) In general—As one of the components of the International Market Development Program, the Secretary shall carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities.

removed “(2) Cooperation—The Secretary shall carry out the foreign market development cooperator program in cooperation with eligible trade organizations.

removed “(3) Administration—Funds made available to carry out the foreign market development cooperator program shall be used only to provide—

removed “(A) cost-share assistance to an eligible trade organization under a contract or agreement with the organization; and

removed “(B) assistance for other costs that are necessary or appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded.

removed “(4) Program considerations—In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—

removed “(A) give equal consideration to—

removed “(i) proposals submitted by eligible trade organizations that were participating organizations in the foreign market development cooperator program in prior fiscal years; and

removed “(ii) proposals submitted by eligible trade organizations that have not previously participated in the foreign market development cooperator program; and

removed “(B) give equal consideration to—

removed “(i) proposals submitted for activities in emerging markets; and

removed “(ii) proposals submitted for activities in markets other than emerging markets.

removed “(d) Technical assistance for specialty crops component

removed “(1) In general—As one of the components of the International Market Development Program, the Secretary shall carry out an export assistance program to address existing or potential barriers that prohibit or threaten the export of United States specialty crops.

removed “(2) Purpose—The export assistance program required by this subsection shall provide direct assistance through public and private sector projects and technical assistance to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade.

removed “(3) Priority—The export assistance program required by this subsection shall address time sensitive and strategic market access projects based on—

removed “(A) trade effect on market retention, market access, and market expansion; and

removed “(B) trade impact.

removed “(4) Annual report—The Secretary shall submit to the appropriate committees of Congress an annual report that contains, for the period covered by the report, a description of each factor that affects the export of specialty crops, including each factor relating to any significant sanitary or phytosanitary issue or trade barrier.

removed “(e) E. (Kika) de la Garza Emerging Markets Program component

removed “(1) In general

removed “(A) Establishment of program—The Secretary, in order to develop, maintain, or expand export markets for United States agricultural commodities, is directed—

removed “(i) to make available to emerging markets the expertise of the United States to make assessments of the food and rural business systems needs of such emerging markets;

removed “(ii) to make recommendations on measures necessary to enhance the effectiveness of the systems, including potential reductions in trade barriers; and

removed “(iii) to identify and carry out specific opportunities and projects to enhance the effectiveness of those systems.

removed “(B) Extent of program—The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year.

removed “(2) Implementation of program—The Secretary may implement the requirements of paragraph (1)—

removed “(A) by providing assistance to teams consisting primarily of agricultural consultants, farmers, other persons from the private sector and government officials expert in assessing the food and rural business systems of other countries to enable such teams to conduct the assessments, make the recommendations, and identify the opportunities and projects specified in such paragraph in emerging markets; and

removed “(B) by providing for necessary subsistence and transportation expenses of—

removed “(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 in emerging markets; and

removed “(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.

removed “(3) Cost-sharing—The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of such experts in the program under this paragraph.

removed “(4) Technical assistance—The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) necessary to enhance the effectiveness of food and rural business systems needs of emerging markets, including potential reductions in trade barriers.

removed “(5) Reports to Secretary—A team that receives assistance under paragraph (2) shall prepare such reports with respect to the use of such assistance as the Secretary may require.

removed “(f) Definitions—In this section:

removed “(1) Eligible Trade Organization

removed “(A) Market access program component—In subsection (b), the term eligible trade organization means—

removed “(i) 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;

removed “(ii) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or

removed “(iii) 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.

removed “(B) Foreign market development cooperator component—In subsection (c), the term eligible trade organization’ means a United States trade organization that—

removed “(i) promotes the export of one or more United States agricultural commodities; and

removed “(ii) does not have a business interest in or receive remuneration from specific sales of United States agricultural commodities.

removed “(2) Emerging market—The term emerging market means any country that the Secretary determines—

removed “(A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and

removed “(B) has the potential to provide a viable and significant market for United States agricultural commodities.

removed “(3) Small-business concern—The term small-business concern has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

removed “(4) United States agricultural commodity—The term United States agricultural commodity has the meaning given the term in section 102 of the Agriculture Trade Act of 1978 (7 U.S.C. 5602) and includes commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)).”

(b)
removed Funding provision— Subsection (c) of section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:

removed “(c) International Market Development Program

removed “(1) In general—Of the funds of the Commodity Credit Corporation, the Secretary shall make available for the International Market Development Program under section 205 $255,000,000 for each of the fiscal years 2019 through 2023. Such amounts shall remain available until expended.

removed “(2) Set-asides

removed “(A) Market Access Program Component—Of the funds made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be used for the market access program component of the International Market Development Program under subsection (b) of section 205.

removed “(B) Foreign Market Development Cooperator component—Of the funds made available under paragraph (1) for a fiscal year, not less than $34,500,000 shall be used for the foreign market development cooperator component of the International Market Development Program under subsection (c) of section 205.

removed “(C) Technical assistance for specialty crops component—Of the funds made available under paragraph (1) for a fiscal year, not more than $9,000,000, shall be used for the specialty crops component of the International Market Development Program under subsection (d) of section 205.

removed “(D) Agricultural exports to emerging markets component—Of the funds made available under paragraph (1) for a fiscal year, not more than $10,000,000 shall be used to promote agricultural exports to emerging markets under the International Market Development Program under subsection (e) of section 205.”

(c)
removed Repeal of superseded programs—
(1)
removed Market access program— Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.
(2)
removed Promotional assistance— Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed.
(3)
removed Foreign market development cooperator program— Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721–5723) is repealed.
(4)
removed Export assistance program for specialty crops— Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.
(5)
removed Emerging markets program— Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking subsection (d) and by redesignating subsection (e) and (f) as subsections (d) and (e), respectively.
(d)
removed Conforming amendments—
(1)
removed Agricultural Trade Act of 1978— The Agricultural Trade Act of 1978 is amended—
(A)
removed in section 202 (7 U.S.C. 5622), by adding at the end the following new subsection:

removed “(k) Combination of programs—The Commodity Credit Corporation may carry out a program under which commercial export credit guarantees available under this section are combined with direct credits from the Commodity Credit Corporation under section 201 to reduce the effective rate of interest on export sales of United States agricultural commodities.”

(B)
removed in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking “203” and inserting “205(b)”.
(2)
removed Agricultural Marketing Act of 1946— 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 205 of the Agricultural Trade Act of 1978”.
(3)
removed Food, Agriculture, Conservation, and Trade Act of 1990— Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking “1542(f)” and inserting “1542(e)”.

Sec. 3103 Local sale and barter of commodities

added

added Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended—

(1)
added in subsection (a), by inserting “to generate proceeds to be used as provided in this section” before the period at the end;
(2)
added by striking subsection (b); and
(3)
added by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

Sec. 3104 Minimum levels of assistance

added

added 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

added

added Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended—

(1)
added in subsection (d)(1), in the first sentence, by striking “45” and inserting “30”; and
(2)
added in subsection (f), by striking “2018” and inserting “2023”.

Sec. 3106 Issuance of regulations

added

added 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

added

added Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—

(1)
added in subparagraph (A)—
(A)
added by striking “$17,000,000” and inserting “1.5 percent, but not less than $17,000,000,”; and
(B)
added by striking “2018” each place it appears and inserting “2023”; and
(2)
added in subparagraph (B)—
(A)
added in clause (i), by striking “2018” and inserting “2023”; and
(B)
added 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

added

added Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is amended—

(1)
added by amending the section heading to read as follows: “International Food Relief Partnership.”; and
(2)
added 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

added
(a)
added Inclusion of all modalities— Section 403(a) of the Food for Peace Act (7 U.S.C. 1733(a)) is amended—
(1)
added 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)
added in paragraph (1), by inserting “in the case of the provision of an agricultural commodity,” before “adequate”; and
(3)
added 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)
added Avoidance of disruptive impact— Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—
(1)
added 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)
added in the second sentence, by striking “of sales of agricultural commodities”.

Sec. 3110 Allowance for distribution costs

added

added 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

added

added 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

added
(a)
added In general— Section 407(f) of the Food for Peace Act (7 U.S.C. 1736a(f)) is amended to read as follows:

added “(f) Annual report regarding food aid programs and activities

added “(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.

added “(2) Contents—An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following:

added “(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).

added “(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.

added “(C) A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to—

added “(i) this Act;

added “(ii) section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b));

added “(iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and

added “(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).

added “(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.

added “(E) A description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program.

added “(F) An assessment of—

added “(i) each program oversight, monitoring, and evaluation system implemented under section 207(f); and

added “(ii) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title.

added “(G) An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.

added “(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:

added “(i) How such funds were used by the eligible organization.

added “(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.

added “(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.

added “(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.

added “(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—

added “(A) the proceeds the implementing partners generate through monetization; bears to

added “(B) the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.”

(b)
added Conforming repeal— Subsection (m) of section 403 of the Food for Peace Act (7 U.S.C. 1733) is repealed.

Sec. 3113 Deadline for agreements to finance sales or to provide other assistance

added

added 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

added

added Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is amended to read as follows:

added “(e) Minimum level of nonemergency food assistance

added “(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.

added “(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).

added “(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

added

added 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

added

added Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended—

(1)
added in subsection (b)—
(A)
added in the matter preceding paragraph (1), by inserting “section 1342 of title 31, United States Code, or” after “Notwithstanding”;
(B)
added in paragraph (1) by inserting “technical” before “assistance”; and
(C)
added in paragraph (2)—
(i)
added 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)
added in subparagraph (A)—
(I)
added by striking “; and” at the end of clause (viii); and
(II)
added by striking clause (ix) and inserting the following:

added “(ix) agricultural education and extension;

added “(x) selection of seed varieties and plant stocks;

added “(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;

added “(xii) use and maintenance of agricultural equipment and irrigation systems; and

added “(xiii) selection of fertilizers and methods of soils treatment; and”

(2)
added in subsection (d), in the matter preceding paragraph (1), by striking “2018” and inserting “2023”;
(3)
added in subsection (e)(1), in the matter preceding subparagraph (A), by striking “2018” and inserting “2023”; and
(4)
added by adding at the end the following:

added “(f) Grant program to create new partners and innovation

added “(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.

added “(2) Use of funds—A grant recipient under this subsection shall use funds received under this subsection to—

added “(A) prioritize new implementing partners;

added “(B) develop innovative volunteer models;

added “(C) develop, improve, or maintain strategic partnerships with other United States development programs; and

added “(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)).”

Sec. 3201 Agricultural trade promotion and facilitation

(a)
added In general— Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is amended to read as follows:

added “203. Agricultural Trade Promotion and Facilitation

added “(a) Establishment—The Secretary shall carry out activities under this section—

added “(1) to access, develop, maintain, and expand markets for United States agricultural commodities; and

added “(2) to promote cooperation and the exchange of information.

added “(b) Market access program

added “(1) Definition of eligible trade organization—In this subsection, the term eligible trade organization means—

added “(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;

added “(B) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or

added “(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.

added “(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.

added “(3) Participation requirements

added “(A) Marketing plan and other requirements—To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—

added “(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;

added “(ii) meet any other requirements established by the Secretary; and

added “(iii) enter into an agreement with the Secretary.

added “(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.

added “(C) Specific elements—To be approved by the Secretary, a marketing plan submitted under this paragraph shall—

added “(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;

added “(ii) establish specific market goals to be achieved under the marketing plan; and

added “(iii) contain whatever additional requirements are determined by the Secretary to be necessary.

added “(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.

added “(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.

added “(4) Level of assistance and cost-share requirements

added “(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.

added “(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.

added “(5) Other terms and conditions

added “(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.

added “(B) Termination of assistance—The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—

added “(i) the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;

added “(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;

added “(iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or

added “(iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the Market Access Program.

added “(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:

added “(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.

added “(ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.

added “(iii) A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.

added “(6) Restrictions on use of funds—Assistance provided under this subsection to an eligible trade organization may not be used—

added “(A) to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or

added “(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—

added “(i) a cooperative;

added “(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

added “(iii) a nonprofit trade association.

added “(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.

added “(8) Priority—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.

added “(9) Contribution level

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(c) Foreign market development cooperator program

added “(1) Definition of eligible trade organization—In this subsection, the term eligible trade organization means a United States trade organization that—

added “(A) promotes the export of 1 or more United States agricultural commodities; and

added “(B) does not have a business interest in or receive remuneration from specific sales of agricultural commodities.

added “(2) Establishment—The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a program to be known as the “Foreign Market Development Cooperator Program” to maintain and develop foreign markets for United States agricultural commodities.

added “(3) Use of funds—Funds made available to carry out this subsection shall be used only to provide—

added “(A) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organization; and

added “(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.

added “(d) E (Kika) de la Garza Emerging Markets Program

added “(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—

added “(A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and

added “(B) has the potential to provide a viable and significant market for United States agricultural commodities.

added “(2) Establishment—The Secretary shall establish and carry out a program, to be known as the “E (Kika) de la Garza Emerging Markets Program”—

added “(A) to develop agricultural markets in emerging markets; and

added “(B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.

added “(3) Development of agricultural systems

added “(A) In general

added “(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—

added “(I) to make assessments of food and rural business systems needs;

added “(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

added “(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).

added “(ii) Extent of program—The Secretary shall implement this subparagraph with respect to at least 3 emerging markets in each fiscal year.

added “(B) Experts from the united states—The Secretary may implement subparagraph (A) by providing—

added “(i) assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in subparagraph (A)(i) in emerging markets;

added “(ii) for necessary subsistence and transportation expenses of—

added “(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

added “(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.

added “(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.

added “(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).

added “(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.

added “(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.

added “(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.

added “(e) Technical assistance for specialty crops

added “(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.

added “(2) Purpose—The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 2(e) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate existing or potential sanitary, phytosanitary, and technical barriers to trade.

added “(3) Priority—The program shall address time sensitive and strategic market access projects based on—

added “(A) trade effect on market retention, market access, and market expansion; and

added “(B) trade impact.

added “(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).

added “(5) Outreach and technical assistance—The Secretary shall—

added “(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;

added “(B) provide technical assistance to eligible organizations to assist in developing proposals and complying with the requirements of the program; and

added “(C) solicit input from eligible organizations on improvements to streamline and facilitate the provision of assistance under this subsection.

added “(6) Regulations and procedures

added “(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).

added “(B) Considerations—In reviewing and making revisions under subparagraph (A), the Secretary shall consider—

added “(i) establishing accountability standards that are appropriate for the size and scope of a project; and

added “(ii) establishing streamlined application and approval processes, including for smaller-scale projects or projects to address time-sensitive trade barriers.

added “(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—

added “(A) each factor that affects the export of specialty crops, including each factor relating to any—

added “(i) significant sanitary or phytosanitary issue;

added “(ii) trade barrier; or

added “(iii) emerging sanitary or phytosanitary issue or trade barrier; and

added “(B)

added “(i) any funds provided under subsection (f)(3)(A)(iv) that were not obligated in a fiscal year; and

added “(ii) the reason such funds were not obligated.

added “(f) Funding and administration

added “(1) Commodity credit corporation—The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.

added “(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.

added “(3) Allocation

added “(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:

added “(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.

added “(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.

added “(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.

added “(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.

added “(v) Priority trade fund

added “(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.

added “(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.

added “(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).

added “(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.

added “(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)
added Conforming amendments—
(1)
added Market access program—
(A)
added Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (c).
(B)
added 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)
added 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)
added 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)
added Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed.
(2)
added Foreign market development cooperator program— Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et seq.) is repealed.
(3)
added E (kika) de la garza emerging markets program—
(A)
added 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)
added by striking subsection (d);
(ii)
added by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
(iii)
added in subsection (e) (as so redesignated)—
(I)
added in the matter preceding paragraph (1), by striking “country” and inserting “country, foreign territory, customs union, or other economic market”; and
(II)
added in paragraph (1), by striking “the economy of the country” and inserting “its economy”.
(B)
added Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking “section 1542(f)” and inserting “section 1542(e)”.
(C)
added 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)
added Technical assistance for specialty crops— Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.

removed Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended by striking “2018” and inserting “2023”.

Sec. 3202 Promotion of agricultural exports to emerging markets

removed

removed 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. 3203 Bill Emerson Humanitarian Trust Act

removed

removed Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—

(1)
removed in subsection (b)(2)(B)(i), by striking “2018” each place it appears and inserting “2023”; and
(2)
removed in subsection (h), by striking “2018” each place it appears and inserting “2023”.

Sec. 3204 Food for Progress Act of 1985

removed
(a)
removed Extension— 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)
removed in subsection (f)(3), by striking “2018” and inserting “2023”;
(2)
removed in subsection (g), by striking “2018” and inserting “2023”;
(3)
removed in subsection (k), by striking “2018” and inserting “2023”; and
(4)
removed in subsection (l)(1), by striking “2018” and inserting “2023”.
(b)
removed Eligible entities— Section 1110(b)(5) of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C. 1736o(b)(5)) is amended—
(1)
removed by striking “and” at the end of subparagraph (E);
(2)
removed by redesignating subparagraph (F) as subparagraph (G); and
(3)
removed by inserting after subparagraph (E) the following new subparagraph:

removed “(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”

(c)
removed Private voluntary organizations and other private entities— Section 1110(o) of the Food Security Act of 1985 is amended in paragraph (1) by striking “(F)” and inserting “(G)”.

Sec. 3205 McGovern-Dole International Food for Education and Child Nutrition Program

removed
(a)
removed Consideration of Proposals— Section 3107(f)(1)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(f)(1)(B)) is amended by inserting before the semicolon the following: “and, to the extent practicable, that assistance will be provided on a timely basis so as to coincide with the beginning of and when needed during the relevant school year”.
(b)
removed Authorization of appropriations— Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is amended by striking “2018” and inserting “2023”.

Sec. 3206 Cochran fellowship program

removed
(a)
removed Authorized locations for training— Section 1543(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(a)) is amended by striking “for study in the United States.” and inserting the following:

removed “(1) in the United States; or

removed “(2) at a college or university located in an eligible country that the Secretary determines—

removed “(A) has sufficient scientific and technical facilities;

removed “(B) has established a partnership with at least one college or university in the United States; and

removed “(C) has substantial participation by faculty members of the United States college or university in the design of the fellowship curriculum and classroom instruction under the fellowship.”

(b)
removed Fellowship purposes— Section 1543(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(c)(2)) is amended by inserting before the period at the end the following: “, including trade linkages involving regulatory systems governing sanitary and phyto-sanitary standards for agricultural products”.

Sec. 3207 Borlaug fellowship program

removed

removed Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended to read as follows:

removed “1473G. Borlaug International Agricultural Science and Technology Fellowship Program

removed “(a) Fellowship program

removed “(1) Establishment—The Secretary shall establish a fellowship program, to be known as the “Borlaug International Agricultural Science and Technology Fellowship Program”.

removed “(2) Fellowships to individuals from eligible countries—As part of the fellowship program, the Secretary shall provide fellowships to individuals from eligible countries as described in subsection (b) who specialize in agricultural education, research, and extension for scientific training and study designed to assist individual fellowship recipients, including the following 3 programs:

removed “(A) A graduate studies program in agriculture to assist individuals who participate in graduate agricultural degree training at a United States institution.

removed “(B) An individual career improvement program to assist agricultural scientists from developing countries in upgrading skills and understanding in agricultural science and technology.

removed “(C) A Borlaug agricultural policy executive leadership course to assist senior agricultural policy makers from eligible countries, with an initial focus on individuals from sub-Saharan Africa and the independent states of the former Soviet Union.

removed “(3) Fellowships to United States citizens—As part of the fellowship program, the Secretary shall provide fellowships to citizens of the United States to assist eligible countries in developing school-based agricultural education and youth extension programs.

removed “(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.

removed “(c) Purpose of fellowships

removed “(1) Fellowships to individuals from eligible countries—A fellowship provided under subsection (a)(2) shall—

removed “(A) promote food security and economic growth in eligible countries by—

removed “(i) educating a new generation of agricultural scientists;

removed “(ii) increasing scientific knowledge and collaborative research to improve agricultural productivity; and

removed “(iii) extending that knowledge to users and intermediaries in the marketplace; and

removed “(B) support—

removed “(i) training and collaborative research opportunities through exchanges for entry level international agricultural research scientists, faculty, and policymakers from eligible countries;

removed “(ii) collaborative research to improve agricultural productivity;

removed “(iii) the transfer of new science and agricultural technologies to strengthen agricultural practice; and

removed “(iv) the reduction of barriers to technology adoption.

removed “(2) Fellowships to United States citizens—A fellowship provided under subsection (a)(3) shall—

removed “(A) develop globally minded United States agriculturists with experience living abroad;

removed “(B) focus on meeting the food and fiber needs of the domestic population of eligible countries; and

removed “(C) strengthen and enhance trade linkages between eligible countries and the United States agricultural industry.

removed “(d) Fellowship recipients

removed “(1) Fellowships to individuals from eligible countries

removed “(A) Eligible candidates—The Secretary may provide fellowships under subsection (a)(2) to individuals from eligible countries who specialize or have experience in agricultural education, research, extension, or related fields, including—

removed “(i) individuals from the public and private sectors; and

removed “(ii) private agricultural producers.

removed “(B) Candidate identification—For fellowships under subsection (a)(2), the Secretary shall use the expertise of United States land-grant colleges and universities and similar universities, international organizations working in agricultural research and outreach, and national agricultural research organizations to help identify program candidates for fellowships from the public and private sectors of eligible countries.

removed “(C) Location of training—The scientific training or study of fellowship recipients under subsection (a)(2) shall occur—

removed “(i) in the United States; or

removed “(ii) at a college or university located in an eligible country that the Secretary determines—

removed “(I) has sufficient scientific and technical facilities;

removed “(II) has established a partnership with at least one college or university in the United States; and

removed “(III) 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.

removed “(2) Fellowships to United States citizens

removed “(A) Eligible candidates—The Secretary may provide fellowships under subsection (a)(3) to citizens of the United States who—

removed “(i) hold at least a bachelor’s degree in an agricultural related field of study; and

removed “(ii) have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary.

removed “(B) Candidate identification—For fellowships under subsection (a)(3), the Secretary shall consult with the National FFA Organization, the National 4–H Council, and other entities as the Secretary deems appropriate to identify candidates for fellowships.

removed “(e) Program implementation—The Secretary shall provide for the management, coordination, evaluation, and monitoring of the Borlaug International Agricultural Science and Technology Fellowship Program and for the individual programs described in subsection (a), except that—

removed “(1) the Secretary may contract out to 1 or more collaborating universities the management of 1 or more of the fellowship programs under subsection (a)(2); and

removed “(2) the Secretary may contract out the management of the fellowship program under subsection (a)(3) 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.

removed “(f) Authorization of appropriations

removed “(1) In general—There are authorized to be appropriated $6,000,000 to carry out this section.

removed “(2) Set-asides—Of any funds made available pursuant to paragraph (1), not less than $2,800,000 shall be used to carry out the fellowship program for individuals from eligible countries under subsection (a)(2).

removed “(3) Duration—Any funds made available pursuant to paragraph (1) shall remain available until expended.”

Sec. 3208 Global Crop Diversity Trust

removed
(a)
removed United States Contribution Limit— Section 3202(b) of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246(b)) is amended by striking “25 percent” and inserting “33 percent”.
(b)
removed Authorization of appropriations— Section 3202(c) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a note) is amended by striking “for the period of fiscal years 2014 through 2018” and inserting “for the period of fiscal years 2019 through 2023”.

Sec. 3209 Growing American Food Exports Act of 2018

removed

removed Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679) is amended to read as follows:

removed “1543A. Biotechnology and Agricultural Trade Program

removed “(a) Establishment—There is established in the Department of Agriculture a program to be known as the “Biotechnology and Agricultural Trade Program”.

removed “(b) Purpose—The purpose of the program established under this section shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities into foreign markets through policy advocacy and targeted projects that address—

removed “(1) issues relating to United States agricultural commodities produced with the use of biotechnology or new agricultural production technologies;

removed “(2) advocacy for science-based regulation in foreign markets of biotechnology or new agricultural production technologies; or

removed “(3) quick-response intervention regarding non-tariff barriers to United States exports produced through biotechnology or new agricultural production technologies.

removed “(c) Eligible programs—Depending on need, as determined by the Secretary, activities authorized under this section may be carried out through—

removed “(1) this section;

removed “(2) the emerging markets program under section 1542; or

removed “(3) the Cochran Fellowship Program under section 1543.”

Sec. 3301 Growing American Food Exports

added

added Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679) is amended—

(1)
added in subsection (b)(1)(A), by inserting “or new agricultural production technologies” after “biotechnology”; and
(2)
added 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

added

added 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)
added by striking “President” each place it appears and inserting “Secretary”;
(2)
added in subsection (b)—
(A)
added in paragraph (5)—
(i)
added by striking “and” at the end of subparagraph (E);
(ii)
added by redesignating subparagraph (F) as subparagraph (G); and
(iii)
added by inserting after subparagraph (E) the following new subparagraph:

added “(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”

(B)
added by adding at the end the following new paragraphs:

added “(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—

added “(A) the proceeds eligible entities generate through monetization of such commodity, bears to

added “(B) the cost to the Federal Government to procure and ship the commodity to the country where it is monetized.

added “(11) Secretary—The term Secretary means the Secretary of Agriculture.”

(3)
added in subsection (f)(3), by striking “2018” and inserting “2023”;
(4)
added in subsection (g), by striking “2018” and inserting “2023”;
(5)
added in subsection (j)(3)—
(A)
added by striking “December 1” and inserting “April 1”;
(B)
added by striking “of the Senate a list of programs” and inserting

added “(A) a list of programs”

(C)
added by striking “approved to date for the fiscal year” and inserting “approved during the prior fiscal year”;
(D)
added by striking the period at the end and inserting a semicolon; and
(E)
added by adding at the end the following new subparagraphs:

added “(B) a description of the actual rate of return for each commodity made available under this section for the previous fiscal year including—

added “(i) factors that influenced the rate of return; and

added “(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

added “(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)
added in subsection (k), by striking “2018” and inserting “2023”;
(7)
added in subsection (l)(1), by striking “2018” and inserting “2023”;
(8)
added in the heading of subsection (m), by striking “Presidential” and inserting “Secretarial”;
(9)
added in subsection (o), by striking “(acting through the Secretary)”;
(10)
added in subsection (o)(1), by striking “subparagraphs (C) and (F)” and inserting “subparagraphs (C) and (G)”; and
(11)
added by adding at the end the following new subsection:.

added “(p) Pilot agreements

added “(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).

added “(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—

added “(A) the amount provided to eligible entities under each pilot agreement pursuant to paragraph (1) and how the funds were used;

added “(B) the activities carried out under each pilot agreement;

added “(C) the number of direct and indirect beneficiaries of those activities; and

added “(D) the effectiveness of the pilot agreements, including as applicable the impact on food security and agricultural productivity.

added “(3) Authorization of appropriations—There is authorized to be appropriated to carry out pilot agreements pursuant to this subsection $10,000,000 for each of fiscal years 2019 through 2023.”

Sec. 3303 Bill Emerson Humanitarian Trust Act

added

added Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—

(1)
added in subsection (b)(2)(B)(i), by striking “2018” each place it appears and inserting “2023”; and
(2)
added in subsection (h), by striking “2018” each place it appears and inserting “2023”.

Sec. 3304 Promotion of agricultural exports to emerging markets

added

added 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

added

added Section 1543 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is amended—

(1)
added in subsection (a), by striking “for study in the United States.” and inserting the following:

added “(1) in the United States; or

added “(2) at a college or university located in an eligible country that the Secretary determines—

added “(A) has sufficient scientific and technical facilities;

added “(B) has established a partnership with at least one college or university in the United States; and

added “(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)
added in subsection (c)—
(A)
added in paragraph (1), by inserting “(which may include agricultural extension services)” after “systems”; and
(B)
added in paragraph (2)—
(i)
added by striking “enhance trade” and inserting the following:

added “(A) trade”

(ii)
added in subparagraph (A) (as so designated) by striking the period at the end and inserting “; or”; and
(iii)
added by adding at the end the following:

added “(B) linkages between agricultural interests in the United States and regulatory systems governing sanitary and phytosanitary standards for agricultural products that—

added “(i) may enter the United States; and

added “(ii) may pose risks to human, animal, or plant life or health.”

(3)
added in subsection (f)—
(A)
added in paragraph (1), by striking “$3,000,000” and inserting “$4,000,000”;
(B)
added in paragraph (2), by striking “$2,000,000” and inserting “$3,000,000”; and
(C)
added in paragraph (3), by striking “$5,000,000” and inserting “$6,000,000”.

Sec. 3306 Borlaug International Agricultural Science and Technology Fellowship program

added

added Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended—

(1)
added in subsection (c)(2)—
(A)
added in the matter preceding subparagraph (A), by striking “shall support” and inserting “support”;
(B)
added in subparagraph (C), by striking “and” at the end;
(C)
added in subparagraph (D), by striking the period at the end and inserting “; and”; and
(D)
added by adding at the end the following:

added “(E) the development of agricultural extension services in eligible countries.”

(2)
added in subsection (f)—
(A)
added by striking “The Secretary” and inserting the following:

added “(1) In general—The Secretary”

(B)
added by adding at the end the following:

added “(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 International Agricultural Education Fellowship program

added
(a)
added 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)
added 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)
added Purpose of fellowships— The goals of providing a fellowship under this section are to—
(1)
added develop globally minded United States agriculturists with experience living abroad;
(2)
added focus on meeting the food and fiber needs of the domestic population of eligible countries; and
(3)
added strengthen and enhance trade linkages between eligible countries and the United States agricultural industry.
(d)
added Eligible candidates— The Secretary may provide fellowships to citizens of the United States who—
(1)
added hold at least a bachelors degree in an agricultural related field of study; and
(2)
added have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary.
(e)
added Candidate identification— The Secretary shall consult with the National FFA Organization, the National 4–H Council, and other entities as the Secretary determines are appropriate to identify candidates for fellowships.
(f)
added 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)
added Authorization of appropriations—
(1)
added 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)
added Duration— Any funds made available under this subsection shall remain available until expended.

Sec. 3308 International food security technical assistance

added

added The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1543A (7 U.S.C. 5679) the following:

added “1543B. International food security technical assistance

added “(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.

added “(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.

added “(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—

added “(1) public education; and

added “(2) use by—

added “(A) a Federal, State, or local agency;

added “(B) an agency or instrumentality of the government of a foreign country;

added “(C) a domestic or international organization, including a domestic or international nongovernmental organization; and

added “(D) an intergovernmental organization.

added “(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.

added “(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.

added “(f) Authorization of appropriations—There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2019 through 2023.”

Sec. 3309 McGovern-Dole International Food for Education and Child Nutrition program

added

added Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended—

(1)
added in subsection (a)—
(A)
added by striking “that is” and inserting the following:

added “(1) is”

(B)
added in paragraph (1) (as so designated), by striking the period at the end and inserting “; or”; and
(C)
added by adding at the end the following:

added “(2)

added “(A) is produced in and procured from—

added “(i) a developing country that is a recipient country; or

added “(ii) a developing country in the same region as a recipient country; and

added “(B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.”

(2)
added in subsection (c)(2)(A)—
(A)
added in clause (v)(IV), by striking “and” at the end;
(B)
added by redesignating clause (vi) as clause (vii); and
(C)
added by inserting after clause (v) the following:

added “(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)
added in subsection (f)(1)—
(A)
added by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(B)
added by inserting after subparagraph (D) the following:

added “(E) ensure to the maximum extent practicable that assistance—

added “(i) is provided under this section in a timely manner; and

added “(ii) is available when needed throughout the applicable school year;”

(4)
added in subsection (l)—
(A)
added in paragraph (2), by striking “2018” and inserting “2023”; and
(B)
added by adding at the end the following:

added “(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

added

added Section 3202 of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended—

(1)
added by amending subsection (b) to read as follows:

added “(b) United States Contribution Limit

added “(1) In general—The aggregate contributions of funds of the Federal Government provided to the Trust shall not exceed—

added “(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

added “(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.

added “(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.”

(2)
added in subsection (c), by striking “2018” and inserting “2023”.

Sec. 3311 Local and regional food aid procurement projects

added

added Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended—

(1)
added by inserting “to the Secretary” after “appropriated”; and
(2)
added by striking “2014 through 2018” and inserting “2019 through 2023”.

Sec. 3312 Foreign trade missions

added
(a)
added Tribal representation on trade missions—
(1)
added 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)
added to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; and
(B)
added 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)
added Interdepartmental coordination— In carrying out activities to increase the collaboration described in paragraph (1)(B), the Secretary shall coordinate with—
(A)
added the Secretary of Commerce;
(B)
added the Secretary of State;
(C)
added the Secretary of the Interior; and
(D)
added the heads of any other relevant Federal agencies.
(b)
added Report; goals—
(1)
added 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)
added the Advisory Committee;
(B)
added the Committee on Agriculture of the House of Representatives;
(C)
added the Committee on Energy and Commerce of the House of Representatives;
(D)
added the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(E)
added the Committee on Commerce, Science, and Transportation of the Senate; and
(F)
added the Committee on Indian Affairs of the Senate.
(2)
added 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.

Sec. 4001 Requirements for online acceptance of benefits

(a)
changed Expansion of the duplicative enrollment database—Definition— The Section 3(o)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 2012(o)(1)) is amended by adding at the end the following:striking “or house-to-house trade route” and inserting “, house-to-house trade route, or online entity”.

removed “30. Duplicative enrollment database

removed “(a) In general—The Secretary shall establish an interstate database, or system of databases, of supplemental nutrition assistance program information to be known as the Duplicative Enrollment Database that shall include the data submitted by each State pursuant to section 11(e)(26) and that shall meet security standards as determined by the Secretary.

removed “(b) Purpose—Any database, or system of databases, established pursuant to subsection (a) shall be used by States when making eligibility determinations to prevent supplemental nutrition assistance program participants from receiving duplicative benefits in multiple States.

removed “(c) Implementation

removed “(1) Issuance of interim final regulations—Not later than 18 months after the effective date of this section, the Secretary shall issue interim final regulations to carry out this section that—

removed “(A) incorporate best practices and lessons learned from the regional pilot project referenced in section 4032(c) of the Agricultural Act of 2014 (7 U.S.C. 2036c(c));

removed “(B) protect the privacy of supplemental nutrition assistance program participants and applicants consistent with section 11(e)(8); and

removed “(C) detail the process States will be required to follow for—

removed “(i) conducting initial and ongoing matches of participant and applicant data;

removed “(ii) identifying and acting on all apparent instances of duplicative participation by participants or applicants in multiple States;

removed “(iii) disenrolling an individual who has applied to participate in another State in a manner sufficient to allow the State in which the individual is currently applying to comply with sections 11(e)(3) and (9); and

removed “(iv) complying with such other rules and standards the Secretary determines appropriate to carry out this section.

removed “(2) Timing—The initial match and corresponding actions required by paragraph (1)(C) shall occur within 3 years after the date of the enactment of the Agriculture and Nutrition Act of 2018.

removed “(d) Reports—Using the data submitted to the Duplicative Enrollment Database, the Secretary shall publish an annual report analyzing supplemental nutrition assistance program participant characteristics, including participant tenure on the program. The report shall be made available to the public in a manner that prevents identification of participants that receive supplemental nutrition assistance program benefits.”

(b)
changed State data collection and submission requirements—Acceptance of benefits— Section 11(e) 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) 2016(k)) is amended—
(1)
changed in paragraph (24) by striking “and” at the end,heading and inserting “Acceptance of program benefits through online transactions”,
(2)
changed in paragraph (25) (4) by striking the period at the end and inserting “a semicolon”, subparagraph (C), and
(3)
changed by adding at the end the following:striking paragraph (5).

removed “(26) that the State agency shall collect and submit supplemental nutrition assistance program data to the Duplicative Enrollment Database established in section 30, in accordance with guidance or rules issued by the Secretary establishing a uniform method and format for the collection and submission of data, including for each member of a participating household—

removed “(A) the social security number or the social security number substitute;

removed “(B) the employment status of such member;

removed “(C) the amount of income and whether that income is earned or unearned;

removed “(D) that member’s portion of the household monthly allotment; and

removed “(E) the portion of the aggregate value of household assets attributed to that member; and”

Sec. 4002 Re-evaluation of thrifty food plan

changed The Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as amended by section 4001, 2012(u)) is amended by adding at inserting after the end 1st sentence the following:

removed “31. Retailer-funded incentives pilot

removed “(a) In general—The Secretary shall establish a pilot project in accordance with subsection (d) through which participating retail food stores provide bonuses to participating households based on household purchases of fruits, vegetables, and fluid milk.

removed “(b) Definitions—For purposes of this section—

removed “(1) The term bonus means a financial incentive provided at the point of sale to a participating household that expends a portion of its allotment for the purchase of fruits, vegetables, or fluid milk.

removed “(2) The term fluid milk means cow milk without flavoring or sweeteners and packaged in liquid form.

removed “(3) The term fruits means minimally processed fruits.

removed “(4) The term retail food store means a retail food store as defined in section 3(o)(1) that is authorized to accept and redeem benefits under the supplemental nutrition assistance program.

removed “(5) The term vegetables means minimally processed vegetables.

removed “(c) Project participant plans—To participate in the pilot project established under subsection (a), a retail food store shall submit to the Secretary for approval a plan that includes—

removed “(1) a method of quantifying the cost of fruits, vegetables, and fluid milk, that will earn households a bonus;

removed “(2) a method of providing bonuses to participating households and adequately testing such method;

removed “(3) a method of ensuring bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program;

removed “(4) a method of educating participating households about the availability and use of a bonus;

removed “(5) a method of providing data and reports, as requested by the Secretary, for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity; and

removed “(6) such other criteria, including security criteria, as established by the Secretary.

removed “(d) Pilot project requirements—Retail food stores with plans approved under subsection (c) to participate in the pilot project established under subsection (a) shall—

removed “(1) provide a bonus in a dollar amount not to exceed 10 percent of the price of the purchased fruits, vegetables, and fluid milk;

removed “(2) fund the dollar amount of bonuses used by households, and pay for administrative costs, such as fees and system costs, associated with providing such bonuses;

removed “(3) ensure that bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program; and

removed “(4) provide data and reports as requested by the Secretary for purposes of analyzing the impact of the pilot project established under subsection (a) on household access, ease of bonus use, and program integrity.

removed “(e) Limitation—A retail food store participating in a project under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) shall not be eligible to participate in the pilot project established under subsection (a).

removed “(f) Implementation—Not later than 18 months after the date of the enactment of the Agriculture and Nutrition Act of 2018, the Secretary shall solicit and approve plans submitted under subsection (c) that satisfy the requirements of such subsection.

removed “(g) Reimbursements

removed “(1) Rate of reimbursement—Subject to paragraphs (2) and (3), the Secretary shall reimburse retail food stores with plans approved under subsection (f) in an amount not to exceed 25 percent of the dollar value of bonuses earned by households and used to purchase food eligible for purchase under the supplemental nutrition assistance program.

removed “(2) Aggregate amount of reimbursements—The aggregate amount of reimbursements paid in a fiscal year to all retail food stores that participate in the pilot project established under subsection (a) in such fiscal year shall not exceed $120,000,000.

removed “(3) Requirements

removed “(A) Timeline—Not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018, the Secretary shall establish requirements to implement this section, including criteria for prioritizing reimbursements to such stores within the limit established in paragraph (2) and subject to subparagraph (B).

removed “(B) Distribution of reimbursements

removed “(i) Monthly payments—Reimbursements payable under this subsection shall be paid on a monthly basis.

removed “(ii) Prorated payments—If funds made available under subsection (h) are insufficient to pay in full reimbursements payable for a month because of the operation of paragraph (2), such reimbursements shall be paid on a pro rata basis to the extent funds remain available for payment.

removed “(h) Funding—From funds made available under section 18(a)(1) for a fiscal year, the Secretary shall allocate not to exceed $120,000,000 for reimbursements payable under this section for such fiscal year.”

Sec. 4003 Food distribution program on Indian reservations

(a)
changed Amendments—In general— Section 4405 4(b) of the Food, Conservation, Food and Energy Nutrition Act of 2008 (7 U.S.C. 7517) 2013(b)) is amended—
(1)
changed by striking the heading paragraph (4) and inserting “Gus Schumacher food insecurity nutrition incentive program”,the following:

added “(4) Administrative costs

added “(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.

added “(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—

added “(i) the tribal organization is financially unable to provide a greater non-Federal share of the costs; or

added “(ii) providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization.

added “(C) Limitation—The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B).

added “(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)
changed in subsection (b)—paragraph (6)—
(A)
changed in paragraph (2)—the heading by striking “locally-grown” and inserting “locally- and regionally-grown”,
(i)
removed in subparagraph (A)(ii)—
(I)
removed in subclause (II) by inserting “financial” after “providing”,
(II)
removed by amending subclause (III) to read as follows:

removed “(III) has adequate plans to collect data for reporting and agrees to participate in a program evaluation; and”

(III)
removed in subclause (IV) by striking “; and” at the end and inserting a period, and
(IV)
removed by striking subclause (V), and
(ii)
removed by amending subparagraph (B) to read as follows:

removed “(B) Priorities—In awarding grants under this section—

removed “(i) the Secretary shall give priority to projects that—

removed “(I) maximize the share of funds used for direct incentives to participants;

removed “(II) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension service programs, public health departments, health providers, private and public health insurance agencies, cooperative grocers, grocery associations, and community-based and non-governmental organizations; and

removed “(III) have the capacity to generate sufficient data and analysis to demonstrate effectiveness of program incentives; and

removed “(ii) the Secretary may also give priority to projects that—

removed “(I) are located in underserved communities;

removed “(II) use direct-to-consumer sales marketing;

removed “(III) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers;

removed “(IV) provide locally or regionally produced fruits and vegetables;

removed “(V) offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services;

removed “(VI) provide year-round access to program incentives; or

removed “(VII) address other criteria as established by the Secretary.”

(B)
changed in subparagraph (A) by amending paragraph (4) to read as follows:striking “locally-grown” and inserting “locally- and regionally-grown”,
(C)
added in subparagraph (C)—
(i)
added in the heading by striking “locally grown” and inserting “locally- and regionally-grown”, and
(ii)
added by striking “locally-grown” and inserting “locally- and regionally-grown”,
(D)
added by amending subparagraph (D) to read as follows:

added “(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)
added by striking subparagraph (E), and
(F)
added in subparagraph (F)—
(i)
added by striking “(F)” and inserting “(E)”, and
(ii)
added by striking “2018” and inserting “2023”, and

removed “(4) Training, evaluation, and information center

removed “(A) In general—The Secretary, in consultation with the Director of the National Institute of Food and Agriculture, shall establish a Food Insecurity Nutrition Incentive Program Training, Evaluation, and Information Center capable of providing services related to grants under subsection (b), including—

removed “(i) offering incentive program training and technical assistance to applicants and grantees to the extent practicable;

removed “(ii) collecting, evaluating, and sharing information on best practices on common incentive activities;

removed “(iii) assisting with collaboration among grantee projects, State agencies, and nutrition education programs;

removed “(iv) facilitating communication between grantees and the Department of Agriculture; and

removed “(v) compiling program data from grantees and generating an annual report to Congress on grant outcomes.

removed “(B) Cooperative agreement—To carry out subparagraph (A), the Secretary may enter into a cooperative agreement with an organization with expertise in the supplemental nutrition assistance program incentive programs, including—

removed “(i) nongovernmental organizations;

removed “(ii) State cooperative extension services;

removed “(iii) regional food system centers;

removed “(iv) Federal and State agencies;

removed “(v) public, private, and land-grant colleges and universities; and

removed “(vi) other appropriate entities as determined by the Secretary.

removed “(C) Funding limitation—Of the funds made available under subsection (c), the Secretary may use to carry out this paragraph not more than—

removed “(i) $2,000,000 for each of the fiscal years 2019 and 2020, and

removed “(ii) $1,000,000 for each fiscal year thereafter.”

(3)
removed in subsection (c)—
(A)
removed in paragraph (1) by striking “2014 through 2018” and inserting “2019 through 2023”, and
(B)
removed in paragraph (2)—
(i)
removed in subparagraph (B) by striking “and” at the end;
(ii)
removed in subparagraph (C) by striking the period at the end and inserting “;”, and
(3)
renumbered was (2)(5)(3)(4) by adding at the end the following:

added “(7) Availability of funds

added “(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.

added “(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)
added Demonstration project for tribal organizations—
(1)
added Definitions— In this subsection:
(A)
added Demonstration project— The term “demonstration project” means the demonstration project established under paragraph (2).
(B)
added 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)
added 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)
added 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)
added Self-determination contract— The term “self-determination contract” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(F)
added 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)
added 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)
added Eligibility—
(A)
added 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)
added Criteria— The Secretary shall select for participation in the demonstration project tribal organizations that—
(i)
added 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)
added have the capacity to purchase agricultural commodities in accordance with paragraph (4) for the food distribution program of the tribal organization, and
(iii)
added meet any other criteria determined by the Secretary, in consultation with the Secretary of the Interior and Indian tribes.
(4)
added Procurement of agricultural commodities— Any agricultural commodities purchased by a tribal organization under the demonstration project shall—
(A)
added be domestically produced,
(B)
added supplant, not supplement, the type of agricultural commodities in existing food packages for that tribal organization,
(C)
added 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)
added meet any other criteria determined by the Secretary.
(5)
added 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)
added Funding—
(A)
added 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)
added Appropriations in advance— Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.
(c)
added 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)”.

removed “(D) $45,000,000 for fiscal year 2019;

removed “(E) $50,000,000 for fiscal year 2020;

removed “(F) $55,000,000 for fiscal year 2021;

removed “(G) $60,000,000 for fiscal year 2022; and

removed “(H) $65,000,000 for fiscal year 2023 and each fiscal year thereafter.”

(b)
removed Conforming amendment— The table of contents of Food, Conservation, and Energy Act of 2008 is amended by striking the item relating to section 4405 by inserting the following:

Sec. 4004 Simplified homeless housing costs

changed Section 3(u) 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) 2014(e)(6)(D)) is amended by inserting after the 1st sentence the following:amended—

(1)
added by redesignating clause (ii) as clause (iii), and
(2)
added by striking clause (i) and inserting the following:

added “(i) Alternative deduction—The State agency shall allow a deduction of $143 a month for households—

added “(I) in which all members are homeless individuals;

added “(II) that are not receiving free shelter throughout the month; and

added “(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A).

added “(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)
added 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)
added in subparagraph (A)—
(A)
added in clause (i)—
(i)
added 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)
added by striking “that will increase their ability to obtain regular employment.” and inserting the following: “that will—

added “(I) increase the ability of the household members to obtain regular employment; and

added “(II) meet State or local workforce needs.”

(B)
added in clause (ii) by inserting “and implemented to meet the purposes of clause (i)” after “under this paragraph”,
(2)
added in subparagraph (B)—
(A)
added in the matter preceding clause (i), by inserting “case management services such as comprehensive intake assessments, individualized service plans, progress monitoring, or coordination with service providers and” after “contains”,
(B)
added in clause (iv) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately,
(C)
added by redesignating clauses (i) through (vii) and clause (viii) as subclauses (I) through (VII) and subclause (IX), respectively, and indenting appropriately,
(D)
added by striking subclause (I), as so redesignated, and inserting the following:

added “(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)
added 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)
added in subclause (IV), as so redesignated, in the first sentence, by inserting “, including subsidized employment and apprenticeships” before the period at the end,
(G)
added in subclause (VII), as so redesignated, by inserting “not less than 30 days but” after “period of”,
(H)
added by inserting after subclause (VII), as so redesignated, the following:

added “(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)
added in the matter preceding subclause (I), as so redesignated—
(i)
added by striking “this subparagraph” and inserting “this clause”, and
(ii)
added by striking “(B) For purposes of this Act, an” and inserting the following:

added “(B) Definitions—In this Act:

added “(i) Employment and training program—The term”

(J)
added by adding at the end the following:

added “(ii) Workforce partnership

added “(I) In general—The term workforce partnership means a program that—

added “(aa) is operated by—

added “(AA) a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development; or

added “(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));

added “(bb) the Secretary certifies, or the State agency certifies to the Secretary—

added “(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;

added “(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);

added “(CC) would not use any funds authorized to be appropriated by this Act;

added “(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);

added “(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

added “(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

added “(cc) is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable.

added “(II) Inclusion—The term workforce partnership includes a multistate program.”

(3)
added in subparagraph (E)—
(A)
added in the second sentence, by striking “Such requirements” and inserting the following:

added “(ii) Variation—The requirements under clause (i)”

(B)
added by striking “(E) Each State” and inserting the following:

added “(E) Requirements for participation for certain individuals

added “(i) In general—Each State”

(C)
added by adding at the end the following:

added “(iii) Application to workforce partnerships—To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.”

(4)
added in subparagraph (H), by striking “(B)(v)” and inserting “(B)(i)(V)”, and
(5)
added by adding at the end the following:

added “(N) Workforce partnerships

added “(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—

added “(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

added “(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.

added “(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.

added “(iii) Participation—A State agency—

added “(I) shall—

added “(aa) maintain a list of workforce partnerships certified under subparagraph (B)(ii)(I)(bb); and

added “(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

added “(II) may not require any member of a household participating in the supplemental nutrition assistance program to participate in a workforce partnership.

added “(iv) Effect

added “(I) In general—A workforce partnership shall not replace the employment or training of an individual not participating in the workforce partnership.

added “(II) Selection—Nothing in this subsection or subsection (o) affects the criteria or screening process for selecting participants by a workforce partnership.

added “(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—

added “(I) on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership;

added “(II) identifying participants who have completed or are no longer participating in the workforce partnership;

added “(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

added “(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).

added “(O) Referral of certain individuals

added “(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—

added “(I) refer the individual to an appropriate employment and training program component;

added “(II) refer the individual to an appropriate workforce partnership, if available;

added “(III) reassess the physical and mental fitness of the individual under paragraph (1)(A); or

added “(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.

added “(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)
added Work requirements— Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended—
(1)
added in paragraph (1)—
(A)
added in subparagraph (B) by striking “and” at the end,
(B)
added 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)
added by adding at the end the following:

added “(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

added “(E) a workforce partnership under subsection (d)(4)(N).”

(2)
added in paragraph (4)(A) by inserting “and with the support of the chief executive officer of the State” after “agency”, and

removed Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—

(3)
renumbered was (3) in paragraph (6)—
(A)
added in the heading by striking “15-percent exemption” and inserting “Exemptions”,
(B)
added in subparagraph (B) by striking “(G)” and inserting “(H)”,
(C)
added in subparagraph (C) by striking “(E) and (G)” and inserting “(F) and (H)” ,
(D)
added in subparagraph (D)—
(i)
added in the heading by striking “Subsequent fiscal years” and inserting “Fiscal years 1999 through 2019”,
(ii)
added by striking “(E) through (G)” and inserting “(F) through (H)”, and
(iii)
added by striking “year,” and inserting “year through fiscal year 2019,”,
(E)
added in subparagraph (E) by striking “or (D)” and inserting “, (D), or (E)”,
(F)
added by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively, and
(G)
added by inserting after subparagraph (D) the following:

added “(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)
added State plans— Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended—
(1)
added 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)
added by adding at the end the following:

added “(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)
added 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)
added in paragraph (1)—
(A)
added in subparagraph (A) by striking “$90,000,000” and inserting “$103,900,000”,
(A)
removed in the heading by striking “locally-grown” and inserting “locally- and regionally-grown”,
(B)
removed in subparagraph (A) by striking “locally-grown” and inserting “locally- and regionally-grown”,
(B)
renumbered was (3)(4) in subparagraph (C)—
(i)
added in clause (i) by inserting “, subject to clauses (ii) through (v),” after “(B), the Secretary”, and
(i)
removed by striking “locally grown” and inserting “locally- and regionally-grown”, and
(ii)
removed by striking “locally-grown” and inserting “locally- and regionally-grown”,
(D)
removed by amending subparagraph (D) to read as follows:

removed “(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)
removed by striking subparagraph (E), and
(F)
removed in subparagraph (F)—
(i)
removed by striking “(F)” and inserting “(E)”, and
(ii)
removed by striking “2018” and inserting “2023”, and
(ii)
renumbered was (4) by adding at the end the following:

added “(iv) Priority—The Secretary shall reallocate funds under this subparagraph as follows:

added “(I)

added “(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.

added “(bb) The Secretary shall base the determination under item (aa) on—

added “(AA) project results from the independent evaluations conducted under subparagraph (F)(vii)(I); or

added “(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).

added “(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).

added “(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—

added “(aa) individuals 50 years of age or older;

added “(bb) formerly incarcerated individuals;

added “(cc) individuals participating in a substance abuse treatment program;

added “(dd) homeless individuals;

added “(ee) people with disabilities seeking to enter the workforce;

added “(ff) other individuals with substantial barriers to employment; or

added “(gg) households facing multi-generational poverty, to support employment and workforce participation through an integrated and family-focused approach in providing supportive services.

added “(III) The Secretary shall reallocate any remaining funds available under this subparagraph, to State agencies requesting such funds to use for employment and training programs and activities that the Secretary determines have the most demonstrable impact on the ability of participants to find and retain employment that leads to increased household income and reduced reliance on public assistance under section 6(d)(4)(B)(i).

added “(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).”

(C)
added in subparagraph (D) by striking “$50,000” and inserting “$100,000”, and
(2)
added in paragraph (5)(B) by adding at the end the following:

added “(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)
added Expired authority— Section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)) is amended—
(1)
added by striking paragraph (2), and
(2)
added by redesignating paragraph (3) as paragraph (2).

removed “(7) Funds availability—Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years.”

Sec. 4006 Improvements to electronic benefit transfer system

(a)
added 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:

added “(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—

added “(i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and

added “(ii)

added “(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

added “(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.”

removed Effective October 1, 2020, section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—

(b)
changed Modernization of electronic benefit transfer regulations— in the 2d The 1st sentence of subsection (a)—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.
(A)
removed by striking “receives benefits” and inserting “(1) receives cash assistance or ongoing and substantial services”,
(B)
removed by striking “, supplemental security” and inserting “with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), (2) is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), (3) receives supplemental security”, and
(C)
removed by striking “or aid” and inserting “or (4) receives aid ”, and
(c)
changed Benefit recovery— in subsection (j)—Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—
(A)
removed by striking “or who receives benefits” and inserting “cash assistance or ongoing and substantial services” and
(1)
changed in subparagraph (A) by striking “to have” and inserting “with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), or who is elderly or disabled and receives cash assistance “, or ongoing and substantial services under a State program funded under part A of title IV of due to the Act (42 U.S.C. 601 et seq.) with an income eligibility limit death of not more than 200 percent all members of the poverty line as defined in section 5(c)(1), to have”.household” after “inactivity”, and
(2)
added by striking subparagraphs (B) and (C) and inserting the following:

added “(B) Benefit storage

added “(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.

added “(ii) Notice of benefit storage—A State agency shall—

added “(I) send notice to a household the benefits of which are stored under clause (i); and

added “(II) not later than 48 hours after request by the household, make the stored benefits available to the household.

added “(C) Benefit expunging

added “(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.

added “(ii) Notice of benefit expunging—Not later than 30 days before benefits are to be expunged under clause (i), a State agency shall—

added “(I) provide sufficient notice to the household that benefits will be expunged due to inactivity, and the date upon which benefits will be expunged;

added “(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

added “(III) not later than 48 hours after request by the household, make the benefits available to the household.”

(d)
added Prohibited fees— Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—
(1)
added by amending subsection (h)(13) to read as follows:

added “(13) Fees

added “(A) Interchange fees—No interchange fees shall apply to electronic benefit transfer transactions under this subsection.

added “(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.”

(2)
added by amending subsection (j)(1)(H) to read as follows:

added “(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)
added Mobile technologies— Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended—
(1)
added by amending subparagraph (A) to read as follows:

added “(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)
added in subparagraph (B)—
(A)
added by striking the heading and inserting “Demonstration projects on access of benefits through mobile technologies”,
(B)
added by amending clause (i) to read as follows:

added “(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)
added in clause (ii)—
(i)
added in the heading by striking “Demonstration projects” and inserting “Project Requirements”,
(ii)
added by striking “retail food store” the first place it appears and inserting “State agency”,
(iii)
added by striking “includes”,
(iv)
added by striking subclauses (I), (II), (III), and (IV), and inserting the following:

added “(I) provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods;

added “(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;

added “(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;

added “(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;

added “(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;

added “(VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits;

added “(VII) requires that the State demonstration projects are voluntary for all retail food stores and that all recipients are able to use benefits in non-participating retail food stores; and

added “(VIII) meets other criteria as established by the Secretary.”

(D)
added by amending clause (iii) to read as follows:

added “(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.”

(E)
added by inserting after clause (ii) the following:

added “(iii) Priority—The Secretary may prioritize demonstration project proposals that would—

added “(I) reduce fraud;

added “(II) encourage positive nutritional outcomes; and

added “(III) meet such other criteria as determined by the Secretary.”

(3)
added in subparagraph (C)(i)—
(A)
added by striking “2017” and inserting “2022”, and
(B)
added by inserting “requires further study by way of an extended pilot period or” after “States” the 2d place it appears.
(f)
added Approval of retail food stores— Section 9 of the Food and Nutrition Act (7 U.S.C. 2018) is amended—
(1)
added in subsection (a)(1)—
(A)
added in the 4th sentence by striking “No retail food store” and inserting the following:

added “(D) Visit required—No retail food store”

(B)
added in the 3d sentence by striking “Approval” and inserting the following:

added “(C) Certificate—Approval”

(C)
added in the 2d sentence—
(i)
added by striking “food; and (D) the” and inserting the following: “food;

added “(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

added “(v) the”

(ii)
added by striking “concern; (C) whether” and inserting the following: “concern;

added “(iii) whether”

(iii)
added by striking “applicant; (B) the” and inserting the following: “applicant;

added “(ii) the”

(iv)
added by striking “following: (A) the nature” and inserting the following: “following:

added “(i) the nature”

(v)
added in the matter preceding clause (i), as so designated, by striking “In determining” and inserting the following:

added “(B) Factors for consideration—In determining”

(D)
added in the 1st sentence by striking “(a)(1) Regulations” and inserting the following:

added “(a) Authorization to accept and redeem benefits

added “(1) Applications

added “(A) In general—Regulations”

(2)
added in subsection (a) by adding at the end the following:

added “(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.”

(3)
added 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

added Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end the following:

added “(i) Review of program operations

added “(1) Review by the Secretary—The Secretary—

added “(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;

added “(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);

added “(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

added “(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—

added “(i) any additional requirements or oversight that would be appropriate for such facilities, programs, and arrangements; and

added “(ii) whether such facilities, programs, and arrangements should continue to be authorized to participate in the supplemental nutrition assistance program.

added “(2) Limitation—Nothing in this subsection shall authorize the Secretary to deny any application for continued authorization, any application for authorization, or any request to withdraw the authorization of any such facility, program, or arrangement based on a determination that residents of any such facility or entity are residents of an institution for a period of 18 months from the date of enactment of the Agriculture Improvement Act of 2018.”

(a)
removed Exclusion of basic allowance for housing— Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended—
(1)
removed in paragraph (18) by striking “and” at the end,
(2)
removed in paragraph (19)(B) by striking the period and inserting “; and”, and
(3)
removed by adding at the end the following:

removed “(20) the value of an allowance received under section 403 of title 37 of the United States Code that does not exceed $500 monthly.”

(b)
removed Update to excess shelter expense deduction— Section 5(e)(6)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is amended by inserting before the period at the end the following:

Sec. 4008 Retail incentives

changed Section 5(e)(2)(B) 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(B)) 2018), as amended by section 4007, is amended by striking “20” and inserting “22”.adding at the end the following:

added “(j) Incentives

added “(1) Definition of eligible incentive food—In this subsection, the term “eligible incentive food” means—

added “(A) a staple food that is identified for increased consumption, consistent with the most recent dietary recommendations; and

added “(B) a fruit, vegetable, dairy, whole grain, or product thereof.

added “(2) Guidance

added “(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.

added “(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—

added “(i) the types of incentives that will be offered;

added “(ii) the types of foods that will be incentivized for purchase; and

added “(iii) an explanation of how the incentive program intends to support meeting dietary intake goals.

added “(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.

added “(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.

added “(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

changed Section 5(e)(6)(D) 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) 2020(e)) is amended—

(1)
changed in paragraph (24) by redesignating clause (ii) as clause (iii), andstriking “and” after the semicolon,
(2)
changed in paragraph (25) by striking clause (i) the period at the end and inserting the following:“; and”, and
(3)
added by adding at the end the following:

added “(26) that for a household participating in the supplemental nutrition assistance program, the State agency shall pursue clarification and verification, if applicable, of information relating to the circumstances of the household received from data matches for the purpose of ensuring an accurate eligibility and benefit determination, only if the information—

added “(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;

added “(B) is obtained from data matches carried out under subsection (q), (r), or (x); or

added “(C)

added “(i) is less than 60 days old relative to the current month of participation of the household; and

added “(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).”

removed “(i) Alternative deduction—The State agency shall allow a deduction of $143 a month for households—

removed “(I) in which all members are homeless individuals;

removed “(II) that are not receiving free shelter throughout the month; and

removed “(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A).

removed “(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. 4010 Incentivizing technology modernization

added Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(t)) is amended—

(a)
removed Allowance to recipients of energy assistance—
(1)
removed Standard utility allowance— Section 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is amended by inserting “with an elderly or disabled member” after “households”.
(2)
removed Conforming amendments— Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act is amended by inserting “received by a household with an elderly or disabled member” before “, consistent with section 5(e)(6)(C)(iv)(I)”.
(1)
changed Third-party energy assistance payments— Section 5(k)(4) of by striking the Food heading and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended—inserting “Grants for Simplified Application and Eligibility Determination Systems and Improved Access to Benefits”,
(2)
added 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)
added in paragraph (2)—
(A)
added by amending subparagraph (B) to read as follows:

added “(B) establishing enhanced technological methods that improve the administrative infrastructure used in processing applications and determining eligibility; or”

(B)
added by striking subparagraphs (C) and (D), and
(C)
added by redesignating subparagraph (E) as subparagraph (C).
(1)
removed in subparagraph (A) by inserting “without an elderly or disabled member” after “household” the 1st place it appears; and
(2)
removed in subparagraph (B) by inserting “with an elderly or disabled member” after “household” the 1st place it appears.

Sec. 4011 Interstate data matching to prevent multiple issuances

added 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:

added “(x) National accuracy clearinghouse

added “(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.

added “(2) Establishment

added “(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.

added “(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).

added “(C) Data protection—The information made available by State agencies under subparagraph (B)—

added “(i) shall be used only for the purpose described in subparagraph (A);

added “(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;

added “(iii) shall not be retained for longer than is necessary to accomplish the purpose in subparagraph (A);

added “(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

added “(v) shall meet security standards as determined by the Secretary.

added “(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—

added “(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));

added “(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;

added “(C) establish standards to limit and protect the information submitted through or retained by the National Accuracy Clearinghouse consistent with paragraph (2)(C);

added “(D) establish safeguards to protect—

added “(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

added “(ii) the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse consistent with subsection (e)(8); and

added “(E) include such other rules and standards the Secretary determines appropriate to carry out this subsection.

added “(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.”

(a)
removed Deductions for child support payments—
(1)
removed Amendments— Section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)) is amended—
(A)
removed by striking paragraph (4), and
(B)
removed by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
(2)
removed Conforming amendment— Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(A)
removed in subsection (k)(4)(B) by striking “(e)(6)” and inserting “(e)(5)”, and
(B)
removed in subsection (n) by striking “Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), the” and inserting “The”.
(b)
removed Cooperation With Child Support Agencies—
(1)
removed Amendments— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
(A)
removed in subsection (l)(1) by striking “At the option of a State agency, subject” and inserting “Subject”,
(B)
removed in subsection (m)(1) by striking “At the option of a State agency, subject” and inserting “Subject”, and
(C)
removed by striking subsection (n).
(2)
removed Conforming amendment— Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking “and (r)” and inserting “and (p)”.

Sec. 4012 Requirement of live-production environments for certain pilot projects relating to cost sharing for computerization

changed Section 5(g)(1) 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)(1)) 2025(g)(1)) is amended—

(1)
changed in subparagraph (A)—(F) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(A)
removed by striking “$2,000” and inserting “$7,000”, and
(B)
removed by striking “$3,000” and inserting “$12,000”, and—
(2)
changed in subparagraph (B) by striking “2008” redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and inserting “2019”.indenting appropriately;
(3)
added in the matter preceding clause (i), as so redesignated—
(A)
added by striking “paragraphs (2) and (3)” and inserting “paragraph (2)”; and
(B)
added by striking “in the planning” and inserting the following: “in the—

added “(A) planning”

(4)
added 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:

added “(I) such testing shall be accomplished through pilot projects in limited areas for major systems changes (as determined under rules promulgated by the Secretary);

added “(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

added “(III) the data resulting from each pilot project carried out under this clause”

(5)
added in clause (vi), as so redesignated, by striking the period at end and inserting “; and”, and
(6)
added by adding at the end the following:

added “(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)
added 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)
added by striking “Records described” and inserting “All records, and the entire information systems in which records are contained, that are covered”, and
(2)
added by amending clause (i) to read as follows:

added “(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;”

removed Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended—

(b)
changed Quality control system— in paragraph (1)(B)(i)—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:

added “(B) Quality control system integrity

added “(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—

added “(I) ensure that the quality control system established under this subsection produces valid statistical results;

added “(II) provide for oversight of contracts entered into by a State agency for the purpose of improving payment accuracy;

added “(III) ensure the accuracy of data collected under the quality control system established under this subsection; and

added “(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.

added “(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)
added 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)
added State performance indicators— Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—
(1)
added by striking the heading and inserting “State performance indicators”,
(A)
removed by striking “(i) In general.—Beginning” and inserting the following:

removed “(i) In general

removed “(I) Beginning”

(B)
removed by adding at the end the following:

removed “(II) Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(iv) shall be adjusted in the manner described in subclause (I).”

(2)
renumbered was (4) in paragraph (2)—
(A)
added in the heading by striking “and thereafter” and inserting “through 2017”,
(B)
added in subparagraph (A) by striking “and each fiscal year thereafter” and inserting “through fiscal year 2017”, and
(C)
added in subparagraph (B) by striking “and each fiscal year thereafter” and inserting “through fiscal year 2017”, and
(3)
added by adding at the end the following:

added “(6) Fiscal year 2018 and fiscal years thereafter

added “(A) With respect to fiscal year 2018 and each fiscal year thereafter, the Secretary shall establish, by regulation, performance criteria relating to—

added “(i) actions taken to correct errors, reduce rates of error, and improve eligibility determinations; and

added “(ii) other indicators of effective administration determined by the Secretary.

added “(B) The Secretary shall not award performance bonus payments to State agencies in fiscal year 2019 for fiscal year 2018 performance.”

(e)
added 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)
added in clause (v)(III) by striking “and”, and
(2)
added by adding at the end the following:

added “(vii) would be accessible by the Secretary for inspection and audit under section 11(a)(3)(B); and”

(A)
removed by amending subparagraph (B)(iv) to read as follows:

removed “(iv) subject to subparagraph (C), with respect to any licensed vehicle that is used for household transportation or to obtain or continue employment—

removed “(I) 1 vehicle for each licensed driver who is a member of such household to the extent that the fair market value of the vehicle exceeds $12,000; and

removed “(II) each additional vehicle; and”

(B)
removed by striking subparagraph (D).

Sec. 4014 Evaluation of child support enforcement cooperation requirements

changed Section 5(g) 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)), as 2026) is amended by section 4013, is amended—adding at the end the following:

added “(m) Evaluation of child support enforcement cooperation requirements

added “(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—

added “(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;

added “(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;

added “(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

added “(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.

added “(2) Evaluation—The evaluation under paragraph (1) shall include, to the maximum extent practicable, an assessment of—

added “(A) the manner in which applicable State agencies implement and enforce the eligibility requirements described in subparagraph (A) of such paragraph, including—

added “(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

added “(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.);

added “(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;

added “(C) the effect of those eligibility requirements on the establishment of new child support orders, the establishment of paternity, changes in child support payments to custodial households, and changes in arrears owed on child support orders;

added “(D) with respect to the eligibility requirements under each of subsections (l) through (n) of section 6—

added “(i) the number of individuals subject to those requirements;

added “(ii) the number of individuals in each State who meet those requirements; and

added “(iii) the number of individuals in each State who fail to meet those requirements;

added “(E) the number of individuals in each State for whom good cause for noncooperation has been found under section 6(l)(2);

added “(F) the impact of those eligibility requirements on the supplemental nutrition assistance program eligibility, benefit levels, food security, income, and economic stability of—

added “(i) individuals subject to those requirements;

added “(ii) the household members of those individuals, including children; and

added “(iii) households with nontraditional family structures, including a household in which a grandparent is the primary caretaker of a grandchild of the grandparent.

added “(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.

added “(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).”

(1)
removed in paragraph (1)(B)(i) by adding at the end the following:

removed “(III) Beginning on October 1, 2019, and each October 1 thereafter, the amount specified in paragraph (2)(B)(v) shall be adjusted in the manner described in subclause (I).”

(2)
removed in paragraph (2)(B)(v) by inserting “to the extent that the value exceeds $2,000” after “account”.

Sec. 4015 Longitudinal data for research

(a)
changed Conditions of participation—Longitudinal data— Section 6(d) 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) 2026), as amended by section 4014, is amended—amended by adding at the end the following:

added “(n) Longitudinal data for research

added “(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.

added “(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.

added “(3) Requirements for databases—Prior to the approval of State agencies to establish longitudinal databases under paragraph (1), the Secretary shall—

added “(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;

added “(B) identify features of longitudinal databases established under paragraph (1) that may vary across States;

added “(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;

added “(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;

added “(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;

added “(F) provide a description of the documentation that States shall submit to the Secretary prior to allowing researchers access to a longitudinal database;

added “(G) consult with other Federal research agencies, including the Bureau of the Census;

added “(H) consult with States that have already established databases used for purposes similar to the purposes outlined in this subsection; and

added “(I) identify any other requirements determined appropriate by the Secretary.

added “(4) Included data

added “(A) In general—Subject to subparagraph (B), each longitudinal database established under paragraph (1)—

added “(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,—

added “(I) demographic characteristics;

added “(II) income and financial resources (as described in section 5(g));

added “(III) employment status;

added “(IV) household circumstances, such as deductible expenses; and

added “(V) the amount of the monthly allotment received under the supplemental nutrition assistance program; and

added “(ii) may include information from other State data sources such as—

added “(I) earnings and employment data from the State department of labor;

added “(II) health insurance program data; or

added “(III) data from participation in other programs administered by the State.

added “(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—

added “(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

added “(ii) make the data under this paragraph available to researchers and the Secretary.

added “(5) Approval—The Secretary shall approve the establishment of longitudinal databases under paragraph (1) in States that—

added “(A) meet the requirements for databases under paragraph (3) and (4)(B);

added “(B) reflect a range of participant numbers, demographics, operational structures, and geographic regions; and

added “(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.

added “(6) Grants

added “(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).

added “(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.

added “(7) Report

added “(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.

added “(B) Contents—The report required under subparagraph (A) shall describe—

added “(i) the cost of expanding implementation of longitudinal databases with consistent data to every State;

added “(ii) the challenges and benefits of using State longitudinal databases with consistent data; and

added “(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.

added “(8) Effect—Nothing in this subsection shall be construed to prevent or limit the ability of State agencies to establish or continue operating databases used for purposes similar to the purposes outlined in this subsection.

added “(9) Funding—Of the funds made available under section 18, the Secretary shall use to carry out this subsection—

added “(A) $20,000,000 for fiscal year 2019 to remain available through fiscal year 2021; and

added “(B) $5,000,000 for fiscal year 2022 and each fiscal year thereafter.”

(b)
added Conforming amendment— The 1st sentence of section 16(a) of the Food and Nutrition Act of 2008 is amended—
(1)
added by striking “and (8)” and inserting “(8)”; and
(2)
added by inserting “, and (9) establishing and operating a longitudinal database in accordance with section 17(n)” before “: Provided”.
(1)
removed in paragraph (1)—
(A)
removed in subparagraph (A)—
(i)
removed by striking “No” and inserting “Subject to subparagraph (C), no”,
(ii)
removed by striking “over the age of 15 and under the age of 60” and inserting “at least 18 years of age and less than 60 years of age”,
(iii)
removed by amending clause (i) to read as follows:

removed “(i) without good cause, fails to work (including volunteer work that is limited to 6 months out of a 12-month period) or refuses to participate in either an employment and training program established in paragraph (4), a work program, or any combination of work, an employment and training program, or work program—

removed “(I) a minimum of 20 hours per week, averaged monthly in fiscal years 2021 through 2025; or

removed “(II) a minimum of 25 hours per week, averaged monthly in fiscal years 2026 and each fiscal year thereafter;”

(iv)
removed by striking clauses (ii) and (vi),
(v)
removed in clause (iv) by adding “or” at the end,
(vi)
removed in clause (v)(II) by striking “30 hours per week; or” and inserting “the hourly requirements applicable under paragraph (1)(B)(i).”, and
(vii)
removed by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively,
(B)
removed by striking subparagraph (B),
(C)
removed by amending subparagraph (C) to read as follows:

removed “(C) Limitation—Subparagraph (B) shall not apply to an individual during the first month that individual would otherwise become subject to subparagraph (B) and be found in noncompliance with such subparagraph.”

(D)
removed in subparagraph (D)—
(i)
removed in clause (iii)(I) by striking “(A)” each place it appears and inserting “(B)”,
(ii)
removed in clause (iv) by striking “(A)(v)”and inserting “(B)(iv)”, and
(iii)
removed by striking clauses (v) and (vi),
(E)
removed by redesignating subparagraphs (A) and (D) as subparagraphs (B) and (J), respectively,
(F)
removed by inserting before subparagraph (B), as so redesignated, the following:

removed “(A) Definition of work program—In this subsection, the term work program means—

removed “(i) a program under title I of the Workforce Innovation and Opportunity Act;

removed “(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296);

removed “(iii) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the chief executive officer of the State and the Secretary, other than a program under paragraph (4);

removed “(iv) 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.”

(G)
removed by inserting after subparagraph (C) the following:

removed “(D) Transition period—During each of the fiscal years 2019 and 2020, States shall continue to implement and enforce the work and employment and training program requirements consistent with this subsection, subsection (e), subsection (o) excluding paragraphs (4) and (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (C), and (D) of subsection (h)(1)) as those provisions were in effect on the day before the effective date of this subparagraph.

removed “(E) Ineligibility

removed “(i) Notification of failure to meet work requirements—The State agency shall issue a notice of adverse action to an individual not later than 10 days after the State agency determines that the individual has failed to meet the requirements applicable under subparagraph (B).

removed “(ii) First violation—The 1st time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until—

removed “(I) the date that is 12 months after the date the individual became ineligible;

removed “(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

removed “(III) the date that the individual is no longer subject to the requirements of subparagraph (B);

removed “(iii) Second or subsequent violation—The 2d or subsequent time an individual receives a notice of adverse action issued under clause (i), the individual shall remain ineligible to participate in the supplemental nutrition assistance program until—

removed “(I) the date that is 36 months after the date the individual became ineligible;

removed “(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

removed “(III) the date the individual is no longer subject to the requirements of subparagraph (B);

removed “(F) Waiver

removed “(i) In general—On the request of a State agency and with the approval of the chief executive officer of the State, the Secretary may waive the applicability of subparagraph (B) to individuals in the State if the Secretary makes a determination that the area in which the individuals reside—

removed “(I) has an unemployment rate of over 10 percent;

removed “(II) is designated as a Labor Surplus Area by the Employment and Training Administration of the Department of Labor for the current fiscal year based on the criteria for exceptional circumstances as described in section 654.5 of title 20 of the Code of Federal Regulations;

removed “(III) has a 24-month average unemployment rate 20 percent or higher than the national average for the same 24-month period unless the 24-month average unemployment rate of the area is less than 7 percent, except that the 24-month period shall begin no earlier than the most recent 24-month period for which Department of Labor unemployment rates are available, nor earlier than the 24-month period the Employment and Training Administration of the Department of Labor uses to designate Labor Surplus Areas for the current fiscal year; or

removed “(IV) is in a State—

removed “(aa) that is in an extended benefit period (within the meaning of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970); or

removed “(bb) in which temporary or emergency unemployment compensation is being provided under any Federal law.

removed “(ii) Jurisdictions with limited data—In carrying out clause (i), in the case of a jurisdiction for which Bureau of Labor Statistics unemployment data is limited or unavailable, such as an Indian Reservation or a territory of the United States, a State may support its request based on other economic indicators as determined by the Secretary.

removed “(iii) Limit on combining jurisdictions—In carrying out clause (i), the Secretary may waive the applicability of subparagraph (B) only to a State or individual jurisdictions within a State, except in the case of combined jurisdictions that are designated as Labor Market Areas by the Department of Labor.

removed “(iv) Report—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report on the basis for granting a waiver under clause (i).

removed “(G) Percentage exemption

removed “(i) Definitions—In this subparagraph:

removed “(I) Caseload—The term caseload means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.

removed “(II) Covered individual—The term covered individual means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to the applicability of subparagraph (B), who—

removed “(aa) is not eligible for an exception under paragraph (2);

removed “(bb) does not reside in an area covered by a waiver granted under subparagraph (F).

removed “(ii) General rule—Subject to clauses (iii) through (v), a State agency may provide an exemption from the requirements of subparagraph (B) for covered individuals.

removed “(iii) Fiscal years 2021 through 2025—Subject to clauses (v) and (vi), for each of the fiscal years 2021 through 2025, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 2019, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for the most recent fiscal year and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

removed “(iv) Fiscal year 2026 and thereafter—Subject to clauses (v) and (vi), for fiscal year 2026 and each fiscal year thereafter, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 12 percent of the number of covered individuals in the State in fiscal year 2019, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for the most recent fiscal year and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.

removed “(v) Caseload adjustments—The Secretary shall adjust the number of individuals estimated for a State under clause (iii) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State’s caseload by more than 10 percent, as determined by the Secretary.

removed “(vi) Reporting requirements

removed “(I) Reports by State agencies—A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.

removed “(II) Annual report by the Secretary—The Secretary shall annually compile and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and shall make available to the public, an annual report that contains the reports submitted under subclause (I) by State agencies.

removed “(H) Other program rules—Nothing in this subsection shall make an individual eligible for benefits under this Act if the individual is not otherwise eligible for benefits under the other provisions of this Act.

removed “(I) Household ineligibilty—If an individual becomes ineligible to participate in the supplemental nutrition assistance program as a household member due to failure to meet the requirements under subparagraph (B), the remaining household members (including children), shall not become ineligible to apply to participate in the supplemental nutrition assistance program due to such individual’s ineligibility.”

(2)
removed in paragraph (2)—
(A)
removed in the 1st sentence—
(i)
removed by striking “paragraph (1)” and inserting “paragraph (1)(B)”, and
(ii)
removed by striking “(E)” and all that follows through the period at the end, and inserting the following:
(B)
removed by striking the last sentence,
(3)
removed in paragraph (3) by striking “registration requirements” and inserting “requirement”,
(4)
removed in paragraph (4)—
(A)
removed in subparagraph (A)—
(i)
removed by redesignating clause (ii) as clause (iii), and
(ii)
removed by inserting after clause (i) the following:

removed “(ii) Mandatory minimum services—Each State agency shall offer employment and training program services sufficient for all individuals subject to the requirements of paragraph (1)(B)(i) who are not currently ineligible pursuant to paragraph (1)(E), exempt pursuant to subparagraphs (F) and (G) or paragraph (2) of subsection (d), and for all individuals covered by paragraph (1)(C), to meet the hourly requirements specified in paragraph (1)(B)(i) to the extent that such requirements will not be satisfied by hours of work or participation in a work program.”

(B)
removed in subparagraph (B)—
(i)
removed by inserting after “contains” the following:
(ii)
removed by amending clause (i) to read as follows:

removed “(i) Supervised job search programs that occur at State-approved locations in which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines set forth by the State.”

(iii)
removed in clause (ii) by striking “jobs skills assessments, job finding clubs, training in techniques for” and inserting “employability assessments, training in techniques to increase”,
(iv)
removed in clause (iv) in the 1st sentence by inserting “, including subsidized employment, apprenticeships, and other work experience” before the period at the end,
(v)
removed in clause (v) by inserting “, including family literacy and financial literacy,” after “literacy”, and
(vi)
removed in clause (vii) by striking “not more than”,
(C)
removed in subparagraph (F)—
(i)
removed clause (ii) by striking “one hundred and twenty hours per month” and inserting “the hours required under section 6(d)(1)(B)”, and
(ii)
removed by striking clause (iii),
(D)
removed by striking subparagraphs (D) and (E), and inserting the following:

removed “(D) Each State agency shall establish requirements for participation by non-exempt individuals in the employment and training program components listed in clauses (i) through (vii) of subparagraph (B). Such requirements may vary among participants.”

(E)
removed in subparagraph (H) by striking “(B)(v)” and inserting “(B)(iv)”, and
(F)
removed by redesignating subparagraphs (F) through (M) as subparagraphs (E) through (L), respectively.
(b)
removed Conforming amendments—
(1)
removed Amendments to the food and nutrition act of 2008— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(A)
removed in section 5(d)(14) by striking “6(d)(4)(I)” and inserting “6(d)(4)(G)”, and
(B)
removed in section 17(b)(1)(B)(iv)(III)(dd) by striking “(4)(F)(i), or (4)(K)” and inserting “(4)(A)(ii), (4)(E)(i), or (4)(J)”.
(2)
removed Amendment to other laws—
(A)
removed Internal Revenue Code of 1986— Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 1986 (26 U.S.C. 51(d)(8)(A)(ii)) is amended—
(i)
removed in subclause (I) by striking “, or” and inserting a period,
(ii)
removed by striking “family—” and all that follows through “(I) receiving” and inserting “family receiving”, and
(iii)
removed by striking subclause (II).
(B)
removed Workforce Innovation and Opportunity Act— The Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1425) is amended—
(i)
removed in section 103(a)(2) by striking subparagraph (D), and
(ii)
removed in section 121(b)(2)(B) by striking clause (iv).
(c)
removed Related requirements— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
(1)
removed by amending subsection (e)(5) to read as follows:

removed “(5) is—

removed “(A) a parent or other household member with responsibility for the care of a dependent child under age 6 or of an incapacitated person; or

removed “(B) a parent or other household member with responsibility for the care of a dependent child above the age of 5 and under the age of 12 for whom adequate child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4); and”

(2)
removed by striking subsection (o).
(d)
removed Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(1)
removed in section 6, as amended by section 4011 and subsection (c), by redesignating subsections (p) through (s) as subparagraphs (n) through (q), respectively, and
(2)
removed in section 7(i)(1) by striking “6(o)(2)” and inserting “6(d)(1)(B)”.
(e)
removed State plan— Section 11(e)(19) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(19)) is amended by striking “geographic areas and households to be covered under such program, and the basis, including any cost information,” and inserting “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, the plan for meeting the minimum services requirement under section 6(d)(4)(A)(ii) including any cost information, and the basis”.
(f)
removed 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)
removed in paragraph (1)—
(A)
removed in subparagraph (A) by striking “$90,000,000” and all that follows through the period at the end and inserting the following:

removed “(i) $90,000,000 for fiscal year 2019;

removed “(ii) $250,000,000 for fiscal year 2020; and

removed “(iii) $1,000,000,000 for each fiscal year thereafter.”

(B)
removed by amending subparagraph (B)(ii) to read as follows:

removed “(ii) takes into account—

removed “(I) for fiscal years 2019 and 2020, the number of individuals who are not exempt from the work requirement under section 6(o) as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018; and

removed “(II) for fiscal years 2021 and each fiscal year thereafter, the number of individuals who are not exempt from the requirements under section 6(d)(1)(B).”

(C)
removed by amending subparagraph (C) to read as follows:

removed “(C) Return of unused employment and training funds to the Treasury—If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall deposit such unused funds in the general receipts of the Treasury.”

(D)
removed in subparagraph (D) by striking “$50,000” and inserting “$100,000”, and
(E)
removed by amending subparagraph (E) to read as follows:

removed “(E) Reservation of funds—Of the funds made available under this paragraph for fiscal year 2021 and for each fiscal year thereafter, not more than $150,000,000 shall be reserved for allocation to States to provide training services by eligible providers identified under section 122 of the Workforce Innovation and Opportunity Act for participants in the supplemental nutrition assistance program to meet the hourly requirements under section 6(d)(1)(B) of this Act.”

(2)
removed in paragraph (5)(C)—
(A)
removed in clause (ii) by adding “and” at the end,
(B)
removed in clause (iii) by striking “; and” and inserting a period, and
(C)
removed by striking clause (iv).
(g)
removed Workfare—
(1)
removed Amendments— Section 20(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 3029(b) is amended—
(A)
removed in paragraph (1)—
(i)
removed by striking “6(d)(1)” and inserting “6(d)(1)(B) ”, and
(ii)
removed by striking “or (F)” and inserting “(F), or (G)”, and
(B)
removed in paragraph (4) by striking “sixteen” and inserting “18”.
(2)
removed Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(A)
removed in section 16(h)—
(i)
removed in paragraph (1)(F)—
(I)
removed in clause (i)—
(aa)
removed in subclause (I) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “this Act”, and
(bb)
removed in subclause (II)(bb) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” before the period at the end,
(II)
removed in clause (ii)—
(aa)
removed in subclause (II)(cc) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “20”, and
(bb)
removed in subclause (III)(ee)(AA) by inserting “as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018” after “6(o)”, and
(III)
removed in clause (vi)(I) by inserting “as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018” after “6(d)”, and
(ii)
removed in paragraph (3) by striking “under section 6(d)(4)(I)(i)(II)” and inserting “for dependent care expenses under section 6(d)(4)”, and
(B)
removed in section 17(b) by striking paragraph (2).
(h)
removed Equitable Treatment of Households— Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)), as amended by section 4001, is amended by adding at the end the following:

removed “(27) that the State agency may, for purposes of ensuring equitable treatment among all households (including those containing a married couple), request earned income data from the Internal Revenue Service relevant to determining eligibility to receive supplemental nutrition assistance program benefits and determining the correct amount of such benefits at the time of household certification.”

Sec. 4016 Authorization of appropriations

changed Section 7(h)(2) The 1st sentence of section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) 2027(a)(1)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in the 1st sentence 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, and
(2)
removed in subparagraph (C)—
(A)
removed by striking “(C)(i)” and all that follows through “abuse; and”, by inserting the following:

removed “(C)

removed “(i) risk-based measures to maximize the security of a system using the most effective technology available that the State agency considers appropriate and cost effective including consideration of recipient access and ease of use and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, alternatives for securing transactions, and other measures to protect against fraud and abuse; and”

(B)
removed by moving the left margin of clause (ii) 4 ems to the left.

Sec. 4017 Assistance for community food projects

changed Section 7(h)(14) 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14) 2034(b)(2)) is amended—

(1)
changed by amending in subparagraph (A) to read as follows:(B) by striking “and” at the end,

removed “(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)
changed in subparagraph (B)—(C) by striking “fiscal year 2015 and each fiscal year thereafter.” and inserting “each of fiscal years 2015 through 2018; and”, and
(A)
removed by striking the heading and inserting “Demonstration projects on access of benefits through mobile technologies”,
(B)
removed by amending clause (i) to read as follows:

removed “(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)
removed in clause (ii)—
(i)
removed in the heading by striking “Demonstration projects” and inserting “Project Requirements”,
(ii)
removed by striking “retail food store” the first place it appears and inserting “State agency”,
(iii)
removed by striking “includes”,
(iv)
removed by striking subclauses (I), (II), (III), and (IV), and inserting the following:

removed “(I) provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods;

removed “(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;

removed “(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;

removed “(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;

removed “(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;

removed “(VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits;

removed “(VII) requires that the State demonstration projects are voluntary for all retail food stores and that all recipients are able to use benefits in non-participating retail food stores; and

removed “(VIII) meets other criteria as established by the Secretary.”

(D)
removed by amending clause (iii) to read as follows:

removed “(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, 2020.”

(E)
removed by inserting after clause (ii) the following:

removed “(iii) Priority—The Secretary may prioritize demonstration project proposals that would—

removed “(I) reduce fraud;

removed “(II) encourage positive nutritional outcomes; and

removed “(III) meet such other criteria as determined by the Secretary.”

(3)
changed in subparagraph (C)(i)—by adding at the end the following:

added “(D) $5,000,000 for fiscal year 2019 and each fiscal year thereafter.”

(A)
removed by striking “2017” and inserting “2022”, and
(B)
removed by inserting “requires further study by way of an extended pilot period or” after “States” the 2d place it appears .

Sec. 4018 Emergency food assistance program

(a)
changed Limitation—State plan— Section 7(h)(13) 202A(b) of the Emergency Food and Nutrition Assistance Act of 2008 1983 (7 U.S.C. 2016(h)(13)) 7503(b)) is amended to read as follows:amended—
(1)
added in paragraph (3), by striking “and” after the semicolon;
(2)
added in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3)
added by adding at the end the following:

added “(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

added “(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.”

removed “(13) Fees—No interchange fees shall apply to electronic benefit transfer transactions under this subsection. 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.”

(b)
changed Conforming amendment—State and local supplementation of commodities— Section 7(j)(1)(H) 203D of the Emergency Food and Nutrition Assistance Act of 2008 1983 (7 U.S.C. 2014) 7507) is amended to read as follows:by adding at the end the following:

changed “(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 “(d) Projects to the issuer of the card that may be in the same harvest, process, package, or different State.”transport donated commodities

added “(1) Definition of project—In this subsection, the term project means the harvesting, processing, packaging, or transportation of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).

added “(2) Federal funding for projects

added “(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.

added “(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.

added “(C) Allocation

added “(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).

added “(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.

added “(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.

added “(3) Project purposes—A State may only use Federal funds received under paragraph (2) for a project the purposes of which are—

added “(A) to reduce food waste at the agricultural production, processing, or distribution level through the donation of food;

added “(B) to provide food to individuals in need; and

added “(C) to build relationships between agricultural producers, processors, and distributors and emergency feeding organizations through the donation of food.

added “(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.

added “(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)
added 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:

added “(e) Food waste—The Secretary shall issue guidance outlining best practices to minimize the food waste of the commodities donated under subsection (a).”

(d)
added 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)
added 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)
added in paragraph (1), by striking “2018” and inserting “2023”; and
(2)
added in paragraph (2)—
(A)
added in subparagraph (C), by striking “2018” and inserting “2023”;
(B)
added in subparagraph (D)—
(i)
added in the matter preceding clause (i), by striking “2018” and inserting “2023”;
(ii)
added in clause (iii), by striking “and” after the semicolon;
(iii)
added in clause (iv), by striking “and” after the semicolon;
(iv)
added by adding at the end the following:

added “(v) for fiscal year 2019, $23,000,000;

added “(vi) for fiscal year 2020, $35,000,000;

added “(vii) for fiscal year 2021, $35,000,000;

added “(viii) for fiscal year 2022, $35,000,000; and

added “(ix) for fiscal year 2023, $35,000,000; and”

(C)
added in subparagraph (E)—
(i)
added by striking “2019” and inserting “2024”;
(ii)
added by striking “(D)(iv)” and inserting “(D)(ix)”; and
(iii)
added by striking “June 30, 2017” and inserting “June 30, 2023”.

Sec. 4019 Nutrition education

changed Section 7(h)(8)(B)(ii) 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(8)(B)(ii)) 2036a(c)) is amended by striking “an excessive number of lost cards” and inserting “2 lost cards in a 12-month period”.amended—

(1)
added in paragraph (2)—
(A)
added in subparagraph (B)—
(i)
added in the matter preceding clause (i), by striking “Except as provided in subparagraph (C), a” and inserting “A”,
(ii)
added in clause (ii) by striking “and” after the semicolon,
(iii)
added by redesignating clause (iii) as clause (iv), and
(iv)
added by inserting after clause (ii) the following:

added “(iii) describe how the State agency shall use an electronic reporting system to—

added “(I) measure and evaluate the projects; and

added “(II) account for the allowable State agency administrative costs including for—

added “(aa) salaries and benefits of State agency personnel;

added “(bb) office supplies and equipment;

added “(cc) travel costs;

added “(dd) development and production of nutrition education materials;

added “(ee) memberships, subscriptions, and professional activities;

added “(ff) lease or rental costs;

added “(gg) maintenance and repair expenses;

added “(hh) indirect costs; and

added “(ii) cost of using publicly-owned building space; and”

(B)
added by striking subparagraph (C),
(2)
added 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)
added in paragraph (5) by inserting “the expanded food and nutrition education program or” before “other health promotion”, and
(4)
added by adding at the end the following:

added “(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.

added “(7) Technical assistance—The Secretary shall provide technical assistance to a State agency in developing and implementing a nutrition education State plan, including—

added “(A) by identifying common challenges faced by entities described in paragraph (6) that participate in projects carried out with funds received under this section;

added “(B) by coordinating efforts to address those common challenges;

added “(C) by collecting and disseminating information on evidence-based practices relating to nutrition education and obesity prevention;

added “(D) by facilitating communication between and among grantees and subgrantees of funds received under this section;

added “(E) by assisting State agencies in creating or maintaining systems to compile program data; and

added “(F) by performing or assisting with other activities, as determined by the Secretary.

added “(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—

added “(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);

added “(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;

added “(C) a comprehensive analysis of the impacts and outcomes—

added “(i) of the project, including with respect to the elements described in subparagraph (A); and

added “(ii) to the extent practicable, of completed multiyear projects; and

added “(D) the status of any ongoing multiyear project.

added “(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—

added “(A) evaluates the level of coordination between—

added “(i) the nutrition education and obesity prevention grant program under this section;

added “(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

added “(iii) any other nutrition education program administered by the Department of Agriculture; and

added “(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

changed Section 7(h)(12) 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) 2036b(c)(1)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in subparagraph (A) by inserting “, or due to the death of all members of the household” after “inactivity”,
(2)
removed in subparagraph (B) by striking “6” and inserting “3”, and
(3)
removed in subparagraph (C) by striking “12 months” and inserting “6 months, or upon verification that all members of the household are deceased”.

Sec. 4021 Public-private partnerships

added The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:

added “30. Pilot projects to encourage the use of public-private partnerships committed to addressing food insecurity

added “(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.

added “(b) Definitions—For purposes of this section—

added “(1) the term “eligible entity” means—

added “(A) a nonprofit organization;

added “(B) a community-based organization;

added “(C) an institution of higher education; or

added “(D) a private entity, as determined by the Secretary; and

added “(2) the term “public agency” means a department, agency, other unit, or instrumentality of Federal, State, or local government.

added “(c) Project requirements—Projects approved under this section shall—

added “(1) be limited to 2 years in length; and

added “(2) include a collaboration between one or more public agencies and one or more eligible entities that—

added “(A) improves the effectiveness and impact of the supplemental nutrition assistance program;

added “(B) develops food security solutions that are specific to the needs of a community or region; and

added “(C) strengthens the capacity of communities to address food insecurity and poverty.

added “(d) Evaluation—The Secretary shall provide for an independent evaluation of pilot projects approved under this section that includes—

added “(1) a summary of the activities conducted under the pilot projects;

added “(2) an assessment of the effectiveness of the pilot projects; and

added “(3) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs to address food insecurity and poverty.

added “(e) Funding

added “(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $5,000,000 to remain available until expended.

added “(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.”

(a)
removed 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)
removed Acceptance of benefits— Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—
(1)
removed by striking the heading and inserting “Acceptance of program benefits through online transactions”,
(2)
removed in paragraph (4) by striking subparagraph (C), and
(3)
removed by striking paragraph (5).

Sec. 4022 Technical corrections

added The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

(a)
removed Issuance of benefits— Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—
(1)
removed in subsection (d) by striking “benefits by benefit issuers” and inserting “benefit issuers and other independent sales organizations, third-party processors, and web service providers that provide electronic benefit transfer services or equipment to retail food stores and wholesale food concerns,”, and
(2)
removed by adding at the end the following:

removed “(l) Requirement to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway

removed “(1) Definitions—For purposes of this section:

removed “(A) The term “independent sales organization” means a person or entity that—

removed “(i) is not a third-party processor; and

removed “(ii) engages in sales or service to retail food stores with respect to point-of-sale equipment necessary for electronic benefit transfer transaction processing.

removed “(B) The term third-party processor means an entity, including a retail food store operating its own point-of-sale terminals, that is capable of routing electronic transfer benefit transactions for authorization.

removed “(C) The term web service provider means an entity that operates a generic online purchasing website that can be customized for online electronic benefit transfer transactions for authorized retail food stores.

removed “(2) In general—Subject to paragraph (5), the Secretary shall establish a national gateway for the purpose of routing all supplemental nutrition assistance program benefit transfer transactions (in this subsection referred to as “transactions” unless the context specifies otherwise) to the appropriate benefit issuers for purposes of transaction validation and settlement.

removed “(3) Requirements to route transactions—The Secretary shall—

removed “(A) ensure that protections regarding privacy, security, ease of use, and access relating to supplemental nutrition assistance benefits are maintained for benefit recipients and retail food stores;

removed “(B) ensure redundancy for processing of transactions;

removed “(C) ensure real-time monitoring of transactions;

removed “(D) ensure that all entities that connect to such gateway, and all others that connect to such entities, meet and follow transaction messaging standards, and other requirements, established by the Secretary;

removed “(E) ensure the security of transactions by using the most effective technology available that the Secretary considers to be appropriate and cost-effective; and

removed “(F) ensure that all transactions are routed through such gateway.

removed “(4) State agency action—Each State agency shall ensure that all of its benefit issuers connect to such gateway. A State agency may opt to require its benefit issuer to route cash transactions through such gateway, subject to terms established by the Secretary.

removed “(5) Routing of transactions through a national gateway

removed “(A) In general—Before the Secretary implements in all the States a national gateway established under paragraph (2), the Secretary shall conduct a feasibility study to assess the feasibility of routing transactions through such gateway.

removed “(B) Feasibility study—The feasibility study conducted under subparagraph (A) shall provide, at a minimum, all of the following:

removed “(i) A comprehensive analysis of opportunities and challenges presented by implementation of such gateway.

removed “(ii) One or more options for carrying forward each of such opportunities and for mitigating each of such challenges.

removed “(iii) Data for purposes of analyzing the implementation of, and on-going cost of managing, such gateway.

removed “(iv) One or more models for cost-neutral on-going operation of a national gateway.

removed “(v) Other criteria, including security criteria, established by the Secretary.

removed “(C) Date of completion of study—The Secretary shall complete the feasibility study required by subparagraph (B) not later than 1 year after the date of the enactment of the Agriculture and Nutrition Act of 2018.

removed “(D) Implementation of a national gateway—Not later than 1 year after the date of the completion of such study, the Secretary shall complete the nationwide implementation of a national gateway established under paragraph (2) unless the Secretary determines, based on such study, that more time is needed to implement such gateway nationwide or that nationwide implementation of such gateway is not in the best interest of the operation of the supplemental nutrition assistance program.

removed “(E) Report to congress—If the Secretary makes a determination described in subparagraph (D), 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 the basis of such determination.

removed “(F) Nondisclosure of information—Any information collected through such gateway about a specific retail food store, wholesale food concern, person, or other entity, and any investigative methodology or criteria used for program integrity purposes that operates at or in conjunction with such gateway, 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)(B) of title 5 of the United States Code. The Secretary shall limit the use or disclosure of information obtained under this subsection in a manner consistent with section 9(c).

removed “(6) Authorization of appropriations—There are authorized to be appropriated $10,500,000 for fiscal year 2019, and $9,500,000 for each of the fiscal years 2020 through 2023, to carry out this subsection. Not more than $1,000,000 of the funds appropriated under this paragraph may be used for the feasibility study under paragraph (5)(B).

removed “(7) Gateway sustainability—Benefit issuers and third-party processors shall pay fees to the gateway operator, in a manner prescribed by the Secretary, to directly access and route transactions through the national gateway.

removed “(A) Purpose—The Secretary shall ensure that fees are collected and used solely for the operation of the gateway.

removed “(B) Amount—Fees shall be established by the Secretary in amounts proportionate to the number of transactions routed through the gateway by each benefit issuer and third-party processor, and based on the cost of operating the gateway in a fiscal year.

removed “(C) Adjustment—The Secretary shall evaluate annually the cost of operating such gateway and shall adjust the fee in effect for a fiscal year to reflect the cost of operating such gateway, except that an adjustment under this subparagraph for any fiscal year may not exceed 10 percent of the fee charged under this paragraph in the preceding fiscal year.”

(1)
changed Approval of Retail Food Stores and Wholesale Food Concerns— The 1st sentence of in section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(c)) is amended by inserting “contracts for electronic benefit transfer services and equipment, records necessary to validate the FNS authorization number to accept and redeem benefits,” after “invoices,”.3—
(A)
added in subsections (d) and (i) by striking “7(i)” and inserting “7(h)”, and
(B)
added in subsection (o)(1)(A) by striking “(r)(1)” and inserting “(q)(1)”,
(2)
added 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)
added in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking “3(n)(5)” and inserting “3(m)(5)”,
(4)
added in the 1st sentence of section 10—
(A)
added by striking “or the Federal Savings and Loan Insurance Corporation” each place it appears, and
(B)
added by striking “3(p)(4)” and inserting “3(o)(4)”,
(5)
added in section 11—
(A)
added in subsection (a)(2) by striking “3(t)(1)” and inserting “3(s)(1)”, and
(B)
added in subsection (d)—
(i)
added by striking “3(t)(1)” each place it appears and inserting “3(s)(1)”, and
(ii)
added by striking “3(t)(2)” each place it appears and inserting “3(s)(2)”, and
(C)
added in subsection (e)—
(i)
added in paragraph (17) by striking “3(t)(1)” inserting “3(s)(1)”, and
(ii)
added in paragraph (23) by striking “Simplified Supplemental Nutrition Assistance Program” and inserting “simplified supplemental nutrition assistance program”,
(6)
added in section 15(e) by striking “exchange” and all that follows through “anything”, and inserting “exchange for benefits, or anything”,
(7)
added in section 17(b)(1)(B)(iv)(III)(aa) by striking “3(n)” and inserting “3(m)”,
(8)
added in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon at the end, and
(9)
added in section 26(b) by striking “out” and all that follows through “(referred”, and inserting “out a simplified supplemental nutrition assistance program (referred”.

Sec. 4023 Access to State systems

removed
(a)
removed 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)
removed by striking “Records described” and inserting “All records, and the entire information systems in which records are contained, that are covered”, and
(2)
removed by amending clause (i) to read as follows:

removed “(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)
removed Reporting requirements— Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended—
(1)
removed in the last sentence of subsection (c)(4) by inserting “including providing access to applicable State records and the entire information systems in which the records are contained,” after “Secretary,”, and
(2)
removed in subsection (g)(1)—
(A)
removed in subparagraph (E) by striking “and” at the end,
(B)
removed in subparagraph (F) by striking the period at the end and inserting “; and”, and
(C)
removed by adding at the end the following:

removed “(G) would be accessible by the Secretary for the purposes of program oversight and would be used by the State agency to make available all records required by the Secretary.”

Sec. 4024 Transitional benefits

removed

removed Section 11(s) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(s)) is amended—

(1)
removed by striking the heading and inserting “Transitional Benefits”,
(2)
removed in paragraph (1)—
(A)
removed by striking “may” and inserting “shall”, and
(B)
removed in subparagraph (B) by striking “at the option of the State,”, and
(3)
removed in paragraph (2)—
(A)
removed by striking “may” and inserting “shall”, and
(B)
removed by striking “not more than”.

Sec. 4025 Incentivizing technology modernization

removed

removed Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(t)) is amended—

(1)
removed by striking the heading and inserting “Grants for simplified supplemental nutrition assistance program application and eligibility determination systems”,
(2)
removed in paragraph (1) by striking “implement—” and all that follows through the period at the end, and inserting “implement simplified supplemental nutrition assistance program application and eligibility determination systems.”, and
(3)
removed in paragraph (2)—
(A)
removed by amending subparagraph (B) to read as follows:

removed “(B) establishing enhanced technological methods for applying for benefits and determining eligibility that improve the administrative infrastructure used in processing applications and determining eligibility; or”

(B)
removed by striking subparagraphs (C) and (D), and
(C)
removed by redesignating subparagraph (E) as subparagraph (C).

Sec. 4026 Supplemental nutrition assistance program benefit transfer transaction data report

removed

removed Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended—

(1)
removed in subsection (a)(2)—
(A)
removed in subparagraph (A) by striking “and” at the end,
(B)
removed in subparagraph (B) by striking the period at the end and inserting “; and”, and
(C)
removed by adding at the end the following:

removed “(C) parameters for retail food store cooperation with the Secretary sufficient to carry out subsection (i).”

(2)
removed by adding at the end the following:

removed “(i) Data Collection for Retail Food Store Transactions

removed “(1) Collection of data—To assist in making improvements to supplemental nutrition assistance program design, for each interval not greater than a 2-year period, the Secretary shall—

removed “(A) collect a statistically significant sample of retail food store transaction data, including the cost and description of items purchased with supplemental nutrition assistance program benefits, to the extent practicable and without affecting retail food store document retention practices; and

removed “(B) make a summarized report of aggregated data collected under subparagraph (A) available to the public in a manner that prevents identification of individual retail food stores, individual retail food store chains, and individual members of households that use such benefits.

removed “(2) Nondisclosure—Any transaction data that contains information specific to a retail food store, a retail food store location, a person, or other entity 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)(B) of title 5 of the United States Code. The Secretary shall limit the use or disclosure of information obtained under this subsection in a manner consistent with sections 9(c) and 11(e)(8).”

Sec. 4027 Adjustment to percentage of recovered funds retained by States

removed

removed Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a) is amended—

(1)
removed in the 1st sentence by striking “35 percent” and inserting “50 percent”, and
(2)
removed by inserting after the 1st sentence the following:

Sec. 4028 Tolerance level for payment errors

removed

removed Section 16(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)) is amended—

(1)
removed in subparagraph (A)(ii)—
(A)
removed in subclause (I) by striking “and” at the end,
(B)
removed in subclause (II)—
(i)
removed by striking “fiscal year thereafter” and inserting “of the fiscal years 2015 through 2017”, and
(ii)
removed by striking the period at the end and inserting “; and”, and
(C)
removed by adding at the end the following:

removed “(III) for each fiscal year thereafter, $0.”

(2)
removed in subparagraph (C) by striking “fiscal year 2004” and all that follows through “second”, and inserting “any of the fiscal years 2004 through 2018 for which the Secretary determines that for the second or subsequent consecutive fiscal year, and with respect to fiscal year 2019 and any fiscal year thereafter for which the Secretary determines that for the third”.

Sec. 4029 State performance indicators

removed

removed Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—

(1)
removed by striking the heading and inserting “State Performance Indicators”,
(2)
removed in paragraph (2)—
(A)
removed in the heading by striking “and thereafter” and inserting “through 2017”,
(B)
removed in subparagraph (A) by striking “and each fiscal year thereafter” and inserting “through fiscal year 2017”, and
(C)
removed in subparagraph (B) by striking “and each fiscal year thereafter” and inserting “through fiscal year 2017”, and
(3)
removed by adding at the end the following:

removed “(6) Fiscal year 2018 and fiscal years thereafter—With respect to fiscal year 2018 and each fiscal year thereafter, the Secretary shall establish, by regulation, performance criteria relating to—

removed “(A) actions taken to correct errors, reduce rates of error, and improve eligibility determinations; and

removed “(B) other indicators of effective administration determined by the Secretary.”

Sec. 4030 Public-private partnerships

removed

removed Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following:

removed “(m) Pilot projects to encourage the use of public-private partnerships committed to addressing food insecurity

removed “(1) In general—The Secretary may, on application, permit not more than 10 eligible entities to carry out pilot projects to support public-private partnerships that address food insecurity and poverty.

removed “(2) Definition—For purposes of this subsection, an “eligible entity” means—

removed “(A) a State;

removed “(B) a unit of local government;

removed “(C) a nonprofit organization;

removed “(D) a community-based organization; and

removed “(E) an institution of higher education.

removed “(3) Project requirements—Projects approved under this subsection shall be limited to 2 years in length and evaluate the impact of the ability of eligible entities to—

removed “(A) improve the effectiveness and impact of the supplemental nutrition assistance program;

removed “(B) develop food security solutions that are contextualized to the needs of a community or region; and

removed “(C) strengthen the capacity of communities to address food insecurity and poverty.

removed “(4) Reporting—Participating entities shall report annually to the Secretary who shall submit a final report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Such report shall include—

removed “(A) a summary of the activities conducted under the pilot projects;

removed “(B) an assessment of the effectiveness of the pilot projects; and

removed “(C) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs to address food insecurity and poverty.

removed “(5) Authorization and advance availability of appropriations

removed “(A) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $5,000,000 to remain available until expended.

removed “(B) Appropriation in advance—Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.”

Sec. 4031 Authorization of appropriations

removed

removed 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. 4032 Emergency food assistance

removed

removed Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended—

(1)
removed in paragraph (1) by striking “2018” and inserting “2023”,
(2)
removed in paragraph (2)—
(A)
removed in subparagraph (C) by striking “2018” and inserting “2023”,
(B)
removed in subparagraph (D)—
(i)
removed by striking “2018” the 1st place it appears and inserting “2019”,
(ii)
removed in clause (iii) by striking “and” at the end, and
(iii)
removed by adding at the end the following:

removed “(v) for fiscal year 2019, $60,000,000; and”

(C)
removed in subparagraph (E)—
(i)
removed by striking “2019” and inserting “2020”,
(ii)
removed by striking “(D)(iv)” and inserting “(D)(v)”, and
(iii)
removed by striking “2017” and inserting “2018”, and
(3)
removed by adding at the end the following:

removed “(4) Farm-to-food-bank fund—From amounts made available under subparagraphs (D) and (E) of paragraph (2), the Secretary shall distribute $20,000,000 in accordance with section 214 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515) that States shall use to procure or enter into agreements with a food bank to procure excess fresh fruits and vegetables grown in the State, or surrounding regions in the United States, to be provided to eligible recipient agencies as defined in section 201A(3) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501(3)).”

Sec. 4033 Nutrition education

removed
(a)
removed Nutrition education and obesity prevention grant program— Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended—
(1)
removed by amending subsection (a) to read as follows:

removed “(a) Definitions—As used in this section:

removed “(1) Eligible individual—The term eligible individual means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—

removed “(A) an individual eligible for benefits under—

removed “(i) this Act;

removed “(ii) sections 9(b)(1)(A) and 17(c)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or

removed “(iii) section 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A));

removed “(B) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or

removed “(C) such other low-income individual as is determined to be eligible by the Secretary.

removed “(2) Eligible Institution—The term eligible institution includes any “1862 Institution” or “1890 Institution”, as defined in section 2 of the Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).”

(2)
removed in subsection (b) by striking “Consistent with the terms and conditions of grants awarded under this section, State agencies may” and inserting “The Secretary, acting through the Director of the National Institute of Food and Agriculture, in consultation with the Administrator of the Food and Nutrition Service, shall”,
(3)
removed in subsection (c)—
(A)
removed by amending paragraph (1) to read as follows:

removed “(1) In general—Consistent with the terms and conditions of grants awarded under this section, eligible institutions shall deliver nutrition education and obesity prevention services under a program described in subsection (b) that—

removed “(A) to the extent practicable, provide for the employment and training of professional and paraprofessional aides from the target population to engage in direct nutrition education; and

removed “(B) partner with other public and private entities as appropriate to optimize program delivery.”

(B)
removed in paragraph (2)—
(i)
removed by amending subparagraph (A) to read as follows:

removed “(A) In general—A State agency, in consultation with eligible institutions that provide nutrition education and obesity prevention services under this subsection, shall submit to the Secretary for approval a nutrition education State plan.”

(ii)
removed in subparagraph (B) by striking “Except as provided in subparagraph (C), a” and inserting “A”, and
(iii)
removed by striking subparagraph (C),
(C)
removed in paragraph (3)—
(i)
removed in subparagraph (A)—
(I)
removed by striking “A State agency” and inserting “An eligible institution”, and
(II)
removed by inserting “the Director of the National Institute of Food and Agriculture and” after “by”, and
(ii)
removed in subparagraph (B) by inserting “the Director of the National Institute of Food and Agriculture and” after “education,”, and
(D)
removed in paragraph (4) by inserting “and eligible institutions” after “agencies”, and
(E)
removed in paragraph (5) by striking “State agency” and inserting “eligible institutions”,
(4)
removed in subsection (d)—
(A)
removed in paragraph (1)—
(i)
removed in the heading by striking “In general” and inserting “Basic funding”,
(ii)
removed by striking “to State agencies”,
(iii)
removed in subparagraph (E) by striking “and” at the end,
(iv)
removed in subparagraph (F)—
(I)
removed by striking “year 2016 and each subsequent fiscal year” and inserting “years 2016 through 2018”, and
(II)
removed by striking the period at the end and inserting a semicolon, and
(v)
removed by adding at the end the following:

removed “(G) for fiscal year 2019, $485,000,000; and

removed “(H) for fiscal year 2020 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”

(B)
removed in paragraph (2)—
(i)
removed in subparagraph (A)—
(I)
removed by inserting “and appropriated under the authority of paragraph (2)” after “paragraph (1)”, and
(II)
removed in clause (ii)—
(aa)
removed by inserting “(as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “(B)” and
(bb)
removed in subclause (V) by striking “and each fiscal year thereafter”, and
(ii)
removed by amending subparagraph (B) to read as follows:

removed “(C) Reallocation—If the Secretary determines that an eligible institution will not expend all of the funds allocated to the eligible institution for a fiscal year under paragraph (1) or in the case of an eligible institution that elects not to receive the entire amount of funds allocated to the eligible institution for a fiscal year, the Secretary shall reallocate the unexpended funds to other eligible institutions during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the eligible institutions may expend the reallocated funds.”

(iii)
removed by inserting after subparagraph (A) the following:

removed “(B) Subsequent allocation—Of the funds set aside under paragraph (1) and appropriated under the authority of paragraph (2) for fiscal year 2019 and each fiscal year thereafter, 100 percent shall be allocated to eligible institutions pro rata based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31, as determined by the Secretary.”

(C)
removed in paragraph (3)(B) by inserting “, other than those incurred by State agencies in preparing State plans pursuant to subsection (c)(2) and notifying applicants, participants, and eligible individuals pursuant to subsection (c)(4),” after “this section”,
(D)
removed by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
(E)
removed by inserting after paragraph (1) the following:

removed “(2) Authorization and advance availability of appropriations

removed “(A) Authorization of appropriations—There is authorized to be appropriated to carry out this section $65,000,000 for each of the fiscal years 2019 through 2023.

removed “(B) Appropriation in advance—Except as provided in subparagraph (C), only funds appropriated under subparagraph (A) in advance specifically to carry out this section shall be available to carry out this section.

removed “(C) Other funds—Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1).

removed “(D) Funds Availability—Funds appropriated under this paragraph shall remain available for obligation for a period of 2 fiscal years.”

(F)
removed by inserting after paragraph (4), as so redesignated, the following:

removed “(5) Administrative costs—Not more than 10 percent of the funds allocated to eligible institutions may be used by the eligible institutions for administrative costs.”

(5)
removed in subsection (e) by striking “January 1, 2012” and inserting “18 months after the date of the enactment of the Agriculture and Nutrition Act of 2018”.
(b)
removed Related amendment— Section 18(a)(3)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by striking “, such as the expanded food and nutrition education program”.

Sec. 4034 Retail food store and recipient trafficking

removed

removed 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. 4035 Technical corrections

removed

removed The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

(1)
removed in section 3—
(A)
removed in subsections (d) and (i) by striking “7(i)” and inserting “7(h)”, and
(B)
removed in subsection (o)(1)(A) by striking “(r)(1)” and inserting “(q)(1)”,
(2)
removed 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)
removed in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking “3(n)(5)” and inserting “3(m)(5)”,
(4)
removed in the 1st sentence of section 10—
(A)
removed by striking “or the Federal Savings and Loan Insurance Corporation” each place it appears, and
(B)
removed by striking “3(p)(4)” and inserting “3(o)(4)”,
(5)
removed in section 11—
(A)
removed in subsection (a)(2) by striking “3(t)(1)” and inserting “3(s)(1)”, and
(B)
removed in subsection (d)—
(i)
removed by striking “3(t)(1)” each place it appears and inserting “3(s)(1)”, and
(ii)
removed by striking “3(t)(2)” each place it appears and inserting “3(s)(2)”,
(C)
removed in subsection (e)—
(i)
removed in paragraph (17) by striking “3(t)(1)” inserting “3(s)(1)”, and
(ii)
removed in paragraph (23) by striking “Simplified Supplemental Nutrition Assistance Program” and inserting “simplified supplemental nutrition assistance program”,
(6)
removed in section 15(e) by striking “exchange” and all that follows through “anything”, and inserting “exchange for benefits, or anything”,
(7)
removed in section 17(b)(1)(B)(iv)(III)(aa) by striking “3(n)” and inserting “3(m)”,
(8)
removed in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon at the end, and
(9)
removed in section 26(b) by striking “out” and all that follows through “(referred”, and inserting “out a simplified supplemental nutrition assistance program (referred”.

Sec. 4036 Implementation funds

removed

removed Out of any funds made available under section 18(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)) for fiscal year 2019, the Secretary shall use to carry out the amendments made by this subtitle $150,000,000, to remain available until expended.

Sec. 4037 Multivitamin-mineral dietary supplements eligible for purchase with supplemental nutrition assistance benefits

removed

removed Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended—

(1)
removed in subsection (k) by—
(A)
removed striking “and (9)” and inserting “(9)”, and
(B)
removed inserting before the period at the end the following: “, and (10) a multivitamin-mineral dietary supplement for home consumption”,
(2)
removed by inserting after subsection (m) the following:

removed “(m–1) “Multivitamin-mineral dietary supplement” means a substance that—

removed “(1) provides at least half of the vitamins and minerals for which the National Academy of Medicine establishes dietary reference intakes, at 50 percent or more of the daily value for the intended life stage per daily serving as determined by the Food and Drug Administration; and

removed “(2) does not exceed the tolerable upper intake levels for those nutrients for which an established tolerable upper intake level is determined by the National Academy of Medicine.”

(3)
removed in subsection (q)(2) by striking “and spices” and inserting “spices, and multivitamin-mineral dietary supplements”.

Sec. 4038 Review of supplemental nutrition assistance program operations

removed

removed Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018), as amended by section 4026, is amended by adding at the end the following:

removed “(j) Review of program operations

removed “(1) The Secretary—

removed “(A) shall review a representative sample of currently authorized retail food stores as defined in subsections (o)(2) and (k)(3) of section 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 one source of Federal or State funding to meet the food needs of residents;

removed “(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;

removed “(C) shall gather information and these entities shall be required to submit information deemed necessary for a full and thorough review; and

removed “(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 3 years after the date of the enactment of the Food and Nutrition Act of 2018, along with recommendations as to any additional requirements or oversight that would be appropriate for such facilities and retailers, and whether these entities should continue to be authorized to participate in the supplemental nutrition assistance program.

removed “(2) Nothing in this section shall authorize the Secretary to deny any application for continued authorization, any application for authorization, or any request to withdraw the authorization of any facility or entity referenced in subsections (o)(2) and (k)(3) of section 3 based on a determination that residents of any such facility or entity are residents of an institution prior to—

removed “(A) the submission of the report described in paragraph (1)(D); or

removed “(B) 3 years after the date of enactment of the Food and Nutrition Act of 2018;”

Sec. 4039 Disqualification of certain convicted felons

removed

removed Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as amended by section 4015, is amended in subsection (p)(1)—

(1)
removed in subparagraph (A) by striking “: and” at the end and inserting a period, and
(2)
removed by striking subparagraph (B).

Sec. 4040 Determination of amount of block grant payable to Puerto Rico

removed
(a)
removed Study— With funds appropriated to carry out this subsection, the Secretary of Agriculture shall conduct a study to determine the feasibility and impact of using a thrifty food plan developed exclusively to apply under section 19(a)(2)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(A)) to calculate the amount of the block grant payable to Puerto Rico.
(b)
removed Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).
(c)
removed Appropriation in advance— Only funds appropriated under subsection (b) in advance specifically to carry out subsection (a) shall be available to carry out such subsection.

Sec. 4041 Service of traditional foods in public facilities

removed

removed Section 4033 of the Agricultural Act of 2014 (128 STAT. 818) is amended—

(1)
removed in subsection (c) —
(A)
removed by inserting “, a State, a country equivalent, or a local education agency,” after “programs” the 1st place it appears,
(B)
removed by striking “ and facilities operated by tribal organizations, that primarily serve Indians” and inserting “and federally funded child nutrition and senior meal programs,”, and
(2)
removed in subsection (d)(1) —
(A)
removed by striking “and” the 1st place it appears, and
(B)
removed 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”.

Sec. 4042 Extension of study on comparable access to supplemental nutrition assistance for Puerto Rico

removed
(a)
removed Amendments— Section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) is amended—
(1)
removed in subsection (b) by striking “this Act” and inserting “Agriculture and Nutrition Act of 2018”, and
(2)
removed in subsection (d)(1) by striking “2008” and inserting “2018”.
(b)
removed Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) as amended by subsection (a).
(c)
removed Appropriation in advance— Only funds appropriated under subsection (b) in advance specifically to carry out section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) as amended by subsection (a) shall be available to carry out such section as so amended.

Sec. 4043 Administrative flexibility for States

removed

removed Section 11(e)(6)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(6)(B)) is amended to read as follows:

removed “(B) personnel of the State agency or, at the option of the State agency and by contract with the State agency, personnel of an entity that has no direct or indirect financial interest in an approved retail food store, may undertake such certification or carry out any other function of the State agency under the supplemental nutrition assistance program and without restriction by the Secretary on the State agency’s use of nongovernmental employees to perform program eligibility or any other administrative function to carry out such program;”

Sec. 4102 Commodity supplemental food program

changed Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) note; Public Law 93–86) is amended—

(1)
in subsection (a)—
(A)
changed in paragraph (1) by striking “2018 ” “2018” and inserting “2023”, and
(B)
changed in paragraph (2) (2)(B), in the matter preceding clause (i), by striking “2018 ” “2018” and inserting “2023”, and“2023”,
(2)
changed in subsection (d)(2) (d)(2), in the 1st sentence, by striking “2018” and inserting “2023”.“2023”, and
(3)
added in subsection (g)—
(A)
added by striking “Except” and inserting the following:

added “(1) In general—Except”

(B)
added by adding at the end the following:

added “(2) Certification

added “(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.

added “(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—

added “(i) not less than 1 year; but

added “(ii) not more than 3 years.

added “(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.

added “(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—

added “(i) verifies the address and continued interest of the participant; and

added “(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

changed Section 5(g) 1114(a)(2)(A) of the Agriculture and Consumer Protection Food Act of 1973 1981 (7 U.S.C. 612c note) 1431e(a)(2)(A)) is amended—amended by striking “2018 ” and inserting “2023”.

(1)
removed by striking “Except” and inserting the following:

removed “(1) In general—Except”

(2)
removed by adding at the end the following:

removed “(2) Certification

removed “(A) Definition of certification period—In this paragraph, the term “certification period” means the period that a participant in the commodity supplemental food program may continue to receive benefits under that program without a formal review of the eligibility of the participant.

removed “(B) Minimum certification period—Subject to subparagraph (C), a State shall establish a certification period of not less than 1 year.

removed “(C) Extensions—On the request of a State, the Secretary shall approve a State certification period of more than 1 year on the condition that, on an annual basis, the local agency in the State administering the commodity supplemental food program—

removed “(i) verifies the address and continued interest of each participant in receiving program benefits; and

removed “(ii) has sufficient reason to determine that the participant still meets the income eligibility standards, which may include a determination that the participant has a fixed income.”

Sec. 4104 Food donation standards

changed Section 1114(a)(2)(A) 203D of the Agriculture and Emergency Food Assistance Act of 1981 1983 (7 U.S.C. 1431e(a)(2)(A)) 7507), as amended by section 4018(c), is amended by striking “2018 ” and inserting “2023”.adding at the end the following:

added “(f) Food donation standards

added “(1) Definitions—In this subsection:

added “(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)).

added “(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).

added “(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.

added “(2) Guidance

added “(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).

added “(B) Issuance—The Secretary shall encourage State agencies and emergency feeding organizations to share the guidance issued under subparagraph (A) with qualified direct donors.”

Sec. 4201 Seniors farmers’ market nutrition program

changed Section 10603(b) 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4(b)) 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

changed Section 4402(a) 10603(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) 612c-4(b)) is amended by striking “2018 ” and inserting “2023”.

Sec. 4203 Service of traditional foods in public facilities

changed Section 243(d) 4033(d)(1) of the Department of Agriculture Reorganization Agricultural Act of 1994 (7 U.S.C. 6953) 2014 (128 Stat. 818) is amended by striking “until expended” and inserting “until October 1, 2023”.amended—

(1)
added by striking “and” the 1st place it appears,
(2)
added 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)
added by inserting “storage, preparation, or” after “donation to or”.

Sec. 4204 Healthy food financing initiative

changed Section 19 243 of the Richard B. Russell National School Lunch Department of Agriculture Reorganization Act (42 of 1994 (7 U.S.C. 1769a) 6953) is amended—

(1)
changed in the section heading, subsection (a), by striking “fresh” ;inserting “and enterprises” after “retailers”;
(2)
changed in subsection (a), (b)(3)(B)(iii), by inserting “, canned, dried, frozen, or pureed” “and enterprises” after “fresh”;“retailers”; and
(3)
changed in subsection (b), (c)(2)(B)(ii), by inserting “, canned, dried, frozen, or pureed” after “fresh”; and“as applicable,” before “to accept”.
(4)
removed in subsection (e), by inserting “, canned, dried, frozen, or pureed” after “fresh”.

Sec. 4205 The Gus Schumacher nutrition incentive program

(a)
changed Review of existing regulations—Amendment to program— Not later than 90 days after the date Section 4405 of the enactment of this Act Food, Conservation, and for the purposes described in subsection (b), the Secretary shall review—Energy Act of 2008 (7 U.S.C. 7517) is amended—
(1)
changed the final regulations on “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger- Free Kids Act of 2010” published by the Department of Agriculture in striking the Federal Register on July 29, 2016 (81 Fed. Reg. 50123 et seq.); andheading and inserting “THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM”,
(2)
changed the final regulations on “Nutrition Standards in the National School Lunch and School Breakfast Programs” published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.).subsection (a)—
(A)
added by amending paragraph (1) to read as follows:

added “(1) Eligible entity—The term “eligible entity” means a governmental agency or nonprofit organization.”

(B)
added in paragraph (3) by striking “means the” and all that follows through the period at the end, and inserting the following:

added “(A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and

added “(B) the programs for nutrition assistance under section 19 of such Act (7 U.S.C. 2028).”

(C)
added by adding at the end the following:

added “(4) Healthcare partner—The term “healthcare partner” means a healthcare provider, including—

added “(A) a hospital;

added “(B) a Federally-qualified health center (as defined in section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)));

added “(C) a hospital or clinic operated by the Secretary of Veterans Affairs; or

added “(D) a healthcare provider group.

added “(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—

added “(A) an individual eligible for—

added “(i) benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or

added “(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

added “(B) a member of a low-income household that suffers from, or is at risk of developing, a diet-related health condition.”

(3)
added in subsection (b)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (B) by striking “The” and inserting “Except as provided in subparagraph (D)(iii), the”,
(ii)
added in subparagraph (C) by adding at the end the following:

added “(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)
added by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), and
(iv)
added by inserting after subparagraph (A) the following:

added “(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—

added “(i) an emergency feeding organization;

added “(ii) an agricultural cooperative;

added “(iii) a producer network or association;

added “(iv) a community health organization;

added “(v) a public benefit corporation;

added “(vi) an economic development corporation;

added “(vii) a farmers’ market;

added “(viii) a community-supported agriculture program;

added “(ix) a buying club;

added “(x) a retail food store participating in the supplemental nutrition assistance program;

added “(xi) a State, local, or tribal agency;

added “(xii) another eligible entity that receives a grant under this subsection; and

added “(xiii) any other entity the Secretary designates.”

(B)
added in paragraph (2)—
(i)
added by amending subparagraph (A) to read as follows:

added “(A) In general—To receive a grant under this subsection, an eligible entity shall—

added “(i) meet the application criteria set forth by the Secretary; and

added “(ii) propose a project that, at a minimum—

added “(I) has the support of the State agency administering the supplemental nutrition assistance program;

added “(II) would increase the purchase of fruits and vegetables by low-income households participating in the supplemental nutrition assistance program by providing an incentive for the purchase of fruits and vegetables at the point of purchase to a household purchasing food with supplemental nutrition assistance program benefits;

added “(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;

added “(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);

added “(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

added “(VI) would share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).”

(ii)
added in subparagraph (B)—
(I)
added by striking clause (v),
(II)
added by redesignating clause (vi) as clause (x), and
(III)
added by inserting after clause (iv) the following:

added “(v) include a project design—

added “(I) that provides incentives when fruits or vegetables are purchased using supplemental nutrition assistance program benefits; and

added “(II) in which the incentives earned may be used only to purchase fruits or vegetables;

added “(vi) have demonstrated the ability to provide services to underserved communities;

added “(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;

added “(viii) offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services;

added “(ix) include food retailers that are open—

added “(I) for extended hours; and

added “(II) most or all days of the year; or”

(C)
added by striking paragraphs (3) and (4),
(4)
added in subsection (c)—
(A)
added in paragraph (1) by striking “subsection (b) $5,000,000 for each of fiscal years 2014 through 2018” and inserting “this section $5,000,000 for each of fiscal years 2014 through 2023”, and
(B)
added in paragraph (2)—
(i)
added in the matter preceding subparagraph (A), by striking “subsection (b)” and inserting “this section”,
(ii)
added in subparagraph (B) by striking “and” at the end,
(iii)
added in subparagraph (C) by striking the period at the end and inserting a semicolon, and
(iv)
added by adding at the end the following:

added “(C) $45,000,000 for fiscal year 2019;

added “(D) $48,000,000 for fiscal year 2020;

added “(E) $48,000,000 for fiscal year 2021;

added “(F) $53,000,000 for fiscal year 2022; and

added “(G) $56,000,000 for fiscal year 2023 and each fiscal year thereafter.

added “(3) Use of funds—With respect to funds made available under this section for fiscal years 2019 through 2023—

added “(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);

added “(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

added “(C) the Secretary shall use for the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e) not more than—

added “(i) $17,000,000 in the aggregate for fiscal years 2019 and 2020; and

added “(ii) $7,000,000 for each of the fiscal years 2021 through 2023.”

(5)
added by redesignating subsection (c) as subsection (f), and
(6)
added by inserting after subsection (b) the following:

added “(c) Produce prescription program

added “(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—

added “(A) the improvement of dietary health through increased consumption of fruits and vegetables;

added “(B) the reduction of individual and household food insecurity; and

added “(C) the reduction in healthcare use and associated costs.

added “(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.

added “(3) Grant applications

added “(A) In general—To be eligible to receive a grant under paragraph (1), an eligible entity—

added “(i) shall—

added “(I) prescribe fresh fruits and vegetables to members;

added “(II) submit to the Secretary an application containing such information as the Secretary may require, including the information described in subparagraph (B); and

added “(ii) may—

added “(I) provide financial or non-financial incentives for members to purchase or procure fresh fruits and vegetables;

added “(II) provide educational resources on nutrition to members; and

added “(III) establish additional accessible locations for members to procure fresh fruits and vegetables.

added “(B) Application—An application shall—

added “(i) identify the 1 or more healthcare partners with which the eligible entity is partnering under paragraph (2); and

added “(ii) include—

added “(I) a description of the methods by which an eligible entity shall—

added “(aa) screen and verify eligibility for members for participation in a produce prescription project, in accordance with procedures established under subsection (a)(5);

added “(bb) implement an effective produce prescription project, including the role of each healthcare partner in implementing the produce prescription project;

added “(cc) evaluate members participating in a produce prescription project with respect to the matters described in subparagraphs (A) through (C) of paragraph (1);

added “(dd) provide educational opportunities relating to nutrition to members participating in a produce prescription project; and

added “(ee) inform members of the availability of the produce prescription project, including locations at which produce prescriptions may be redeemed;

added “(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;

added “(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;

added “(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

added “(V) agreement to share information with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information Centers established under subsection (e).

added “(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.

added “(5) Partnerships

added “(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.

added “(B) Memorandum of understanding—A memorandum of understanding entered into under subparagraph (A) shall include—

added “(i) a description of a plan to provide educational opportunities relating to nutrition to members participating in produce prescription projects;

added “(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

added “(iii) documentation of a partnership agreement with a relevant State Medicaid agency or other appropriate entity, as determined by the Secretary.

added “(d) Applicability

added “(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)).

added “(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).

added “(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.

added “(4) Household allotment—Assistance provided under subsections (b) and (c) to households receiving benefits under the supplemental nutrition assistance program shall not—

added “(A) be considered part of the supplemental nutrition assistance program benefits of the household; or

added “(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).

added “(e) Nutrition Incentive Program training, technical assistance, evaluation, and information centers

added “(1) In general—The Secretary shall—

added “(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

added “(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.

added “(2) Establishment—The Centers shall be capable of providing services related to grants under subsections (b) and (c), including—

added “(A) offering incentive program training and technical assistance to applicants and grantees to the extent practicable, including—

added “(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;

added “(ii) disseminating information and assisting with collaboration among grantee projects, applicable State agencies, and nutrition education programs;

added “(iii) facilitating communication between grantees and the Department of Agriculture and applicable State agencies; and

added “(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

added “(v) other services identified by the Secretary; and

added “(B) creating a system to collect and compile core data sets from eligible entities that—

added “(i) uses standard metrics with consideration of outcome measures for existing projects;

added “(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;

added “(iii) compiles project data from grantees, and beginning in fiscal year 2020 generates an annual report to Congress on grant outcomes, including—

added “(I) the results of the project; and

added “(II) the amount of grant funds used for the project; and

added “(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.

added “(3) Cooperative agreement

added “(A) In general—To carry out paragraph (1), the Secretary may, on a competitive basis, enter into 1 or more cooperative agreements with 1 or more organizations with expertise in developing outcome-based reporting, at least 1 of which has expertise in the food insecurity nutrition incentive program and at least 1 of which has expertise in produce prescription projects.

added “(B) Inclusion—The organizations referred to in subparagraph (A) may include—

added “(i) nongovernmental organizations;

added “(ii) State cooperative extension services;

added “(iii) regional food system centers;

added “(iv) Federal, State, or Tribal agencies;

added “(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

added “(vi) other appropriate entities as determined by the Secretary.”

(b)
changed Finalizing new regulations—Conforming amendment— Not later than 1 year after the date The table of the enactment contents of this Act, the Secretary, in consultation with school nutrition personnel and school leaders (including school administrators, school boards, Food, Conservation, and parents), shall finalize new regulations that revise the regulations described in subsection (a) based on the review Energy Act of such regulations under such subsection, including any requirements for milk, 2008 (Public Law 113–188) is amended by striking the item relating to ensure that section 4405 and inserting the requirements of such regulations—following:
(1)
removed are based on research based on school-age children;
(2)
removed do not add costs in addition to the reimbursements required to carry out the school lunch program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
(3)
removed maintain healthy meals for students.

Sec. 4206 Micro-grants for food security

added
(a)
added 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)
added Definitions— In this section:
(1)
added Eligible entity— The term eligible entity means an entity that—
(A)
added is—
(i)
added an individual;
(ii)
added 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)
added a nonprofit organization engaged in increasing food security, as determined by the Secretary, including—
(I)
added a religious organization;
(II)
added a food bank; or
(III)
added a food pantry;
(iv)
added a federally funded educational facility, including—
(I)
added 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)
added a public elementary school or public secondary school;
(III)
added a public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));
(IV)
added 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)
added a job training program; or
(v)
added a local or Tribal government that may not levy local taxes under State or Federal law; and
(B)
added is located in an eligible State.
(2)
added Eligible State— The term eligible State means—
(A)
added the State of Alaska;
(B)
added the State of Hawaii;
(C)
added American Samoa;
(D)
added the Commonwealth of the Northern Mariana Islands;
(E)
added the Commonwealth of Puerto Rico;
(F)
added the Federated States of Micronesia;
(G)
added Guam;
(H)
added the Republic of the Marshall Islands;
(I)
added the Republic of Palau; and
(J)
added the United States Virgin Islands.
(c)
added 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)
added Distribution of funds—
(1)
added In general— Of the amount made available under subsection (g), the Secretary shall distribute—
(A)
added 40 percent to the State of Alaska;
(B)
added 40 percent to the State of Hawaii; and
(C)
added 2.5 percent to each eligible State described in any of subparagraphs (C) through (J) of subsection (b)(2).
(2)
added Carryover of funds— Funds distributed under paragraph (1) shall remain available until expended.
(3)
added Administrative funds— An eligible State that receives funds under paragraph (1) may use not more than 3 percent of those funds—
(A)
added to administer the competition for providing subgrants to eligible entities in that eligible State;
(B)
added to provide oversight of the subgrant recipients in that eligible State; and
(C)
added to collect data and submit a report to the Secretary under subsection (f)(2).
(e)
added Subgrants to eligible entities—
(1)
added Amount of subgrants—
(A)
added In general— The amount of a subgrant to an eligible entity under this section shall be—
(i)
added in the case of an eligible entity that is an individual, not greater than $5,000 per year; and
(ii)
added 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)
added 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)
added Project period— Funds received by an eligible entity that is awarded a subgrant under this section shall remain available for expenditure not later than 3 years after the date the funds are received.
(2)
added Priority— In carrying out the competitive distribution of subgrants under subsection (c), an eligible State may give priority to an eligible entity that—
(A)
added has not previously received a subgrant under this section; or
(B)
added 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)
added Projects— An eligible State may provide subgrants to 2 or more eligible entities to carry out the same project.
(4)
added 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)
added purchasing gardening tools or equipment, soil, soil amendments, seeds, plants, animals, canning equipment, refrigeration, or other items necessary to grow and store food;
(B)
added purchasing or building composting units;
(C)
added purchasing or building towers designed to grow leafy green vegetables;
(D)
added 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)
added engaging in an activity that extends the growing season;
(F)
added starting or expanding hydroponic and aeroponic farming of any scale;
(G)
added building, buying, erecting, or repairing fencing for livestock, poultry, or reindeer;
(H)
added purchasing and equipping a slaughter and processing facility approved by the Secretary;
(I)
added traveling to participate in agricultural education provided by—
(i)
added a State cooperative extension service;
(ii)
added 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)
added 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)
added 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)
added a Federal or State agency;
(J)
added paying for shipping of purchased items relating to growing or raising food for local consumption or purchase;
(K)
added creating or expanding avenues for—
(i)
added the sale of food commodities, specialty crops, and meats that are grown by the eligible entity for sale in the local community; or
(ii)
added increasing the availability of fresh, locally grown, and nutritious food; and
(L)
added engaging in other activities relating to increasing food security (including subsistence), as determined by the Secretary.
(5)
added 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)
added Reporting requirement—
(1)
added 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)
added not later than 60 days after the end of the project funded by the subgrant; and
(B)
added 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)
added 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)
added Funding—
(1)
added 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)
added Appropriations in advance— Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.

Sec. 4207 Buy American requirements

added
(a)
added Enforcement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall—
(1)
added 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)
added ensure that States and school food authorities fully understand their responsibilities under such Act.
(b)
added Requirement— The products of the agricultural commodities described in subsection (a)(1) shall be processed in the United States and substantially contain—
(1)
added meats, vegetables, fruits, and other agricultural commodities produced in—
(A)
added a State,
(B)
added the District of Columbia,
(C)
added the Commonwealth of Puerto Rico, or
(D)
added any territory or possession of the United States, or
(2)
added fish harvested—
(A)
added within the Exclusive Economic Zone of the United States, as described in Presidential Proclamation 5030 (48 Fed. Reg. 10605; March 10, 1983), or
(B)
added by a United States flagged vessel.
(c)
added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the actions the Secretary has taken, and plans to take, to comply with this section.

Sec. 4208 Healthy fluid milk incentives projects

added
(a)
added Definition of fluid milk— In this section the term “fluid milk” means all varieties of pasteurized cow’s milk that—
(1)
added is without flavoring or sweeteners,
(2)
added is consistent with the most recent dietary recommendations,
(3)
added is packaged in liquid form, and
(4)
added contains vitamins A and D at levels consistent with the Food and Drug Administration, State, and local standards for fluid milk.
(b)
added 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)
added Grants or cooperative agreements—
(1)
added 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)
added 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)
added 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)
added 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)
added Evaluation and reporting—
(1)
added Evaluation—
(A)
added Independent evaluation—
(i)
added 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)
added 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)
added 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)
added 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)
added the status of each healthy fluid milk incentives project, and
(B)
added the results of any completed evaluation that—
(i)
added 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)
added have not been submitted in a previous report under this paragraph.
(3)
added 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)
added Funding—
(1)
added 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)
added 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. 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—

changed “(A) reduce the 3-year requirement in paragraph (1) to—to 1 or 2 years, if the farmer or rancher has—

changed “(i) 2 years, if the farmer or rancher has—not less than 16 credit hours of post-secondary education in a field related to agriculture;

changed “(I) 16 credit hours of post-secondary education in “(ii) successfully completed a field related to agriculture;farm management curriculum offered by a cooperative extension service, a community college, an adult vocational agriculture program, a nonprofit organization, or a land-grant college or university;

changed “(II) “(iii) at least 1 year of direct substantive management experience in a business;as hired farm labor with substantial management responsibilities;

changed “(III) been honorably discharged from the armed forces of the United States;“(iv) successfully completed a farm mentorship, apprenticeship, or internship program with an emphasis on management requirements and day-to-day farm management decisions;

changed “(IV) successfully repaid a youth loan made under section 311(b); or“(v) significant business management experience;

changed “(V) an established relationship with an individual 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 “(vi) been honorably discharged from the Secretary, that is committed to mentoring armed forces of the farmer or rancher; orUnited States;

changed “(ii) 1 year, if the farmer or rancher has military leadership or management experience from having completed an acceptable military leadership course; “(vii) successfully repaid a youth loan made under section 311(b); or

changed “(B) waive the 3-year requirement “(viii) an established relationship with an individual who has experience in paragraph (1) if 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—rancher; or

changed “(i) meets a “(B) waive the 3-year requirement of subparagraph (A)(i) (other than subclause (V) thereof) and in paragraph (1) if the farmer or rancher meets the requirement requirements of clauses (iii) and (viii) of subparagraph (A)(ii); and(A).”

removed “(ii) meets the requirement of subparagraph (A)(i)(V).”

Sec. 5102 Conservation loan and loan guarantee program

changed Section 304(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(h)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed by striking “$150,000,000” and inserting “$75,000,000”; and
(2)
removed by striking “2018” and inserting “2023”.

Sec. 5103 Limitations on amount of farm ownership loans

changed Section 305(a) 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925(a)) 1925) is amended—

(1)
added in subsection (a)(2)—
(A)
added by striking “$300,000” and inserting “$600,000”;
(B)
renumbered was (3) by striking “$700,000” and inserting “$1,750,000”; and
(C)
added by striking “2000” and inserting “2019”; and
(2)
changed by striking “2000” and inserting “2019”.in subsection (c)—
(A)
added in paragraph (1), by striking “August” and inserting “July”; and
(B)
added 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

added

added 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:

added “310I. Relending program to resolve ownership and succession on farmland

added “(a) In general—The Secretary may make loans to eligible entities described in subsection (b) so that the eligible entities may relend the funds to individuals and entities for the purposes described in subsection (c).

added “(b) Eligible entities—Entities eligible for loans described in subsection (a) are cooperatives, credit unions, and nonprofit organizations with—

added “(1) certification under section 1805.201 of title 12, Code of Federal Regulations (or successor regulations), to operate as a lender;

added “(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

added “(3) the ability to provide adequate assurance of the repayment of a loan.

added “(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.

added “(d) Preference—In making loans under subsection (a), the Secretary shall give preference to eligible entities—

added “(1) with not less than 10 years of experience serving socially disadvantaged farmers and ranchers; and

added “(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).

added “(e) Loan terms and conditions—The following terms and conditions shall apply to loans made under this section:

added “(1) The interest rate at which intermediaries may borrow funds under this section shall be determined by the Secretary.

added “(2) The rates, terms, and payment structure for borrowers to which intermediaries lend shall be—

added “(A) determined by the intermediary in an amount sufficient to cover the cost of operating and sustaining the revolving loan fund; and

added “(B) clearly and publicly disclosed to qualified ultimate borrowers.

added “(3) Borrowers to which intermediaries lend shall be—

added “(A) required to complete a succession plan as a condition of the loan; and

added “(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.

added “(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.

added “(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.”

Sec. 5201 Limitations on amount of operating loans

changed Section 313(a)(1) 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(a)(1)) 1943) is amended—

(1)
added in subsection (a)(1)—
(A)
added by striking “$300,000” and inserting “$400,000”;
(B)
renumbered was (3) by striking “$700,000” and inserting “$1,750,000”; and
(C)
added by striking “2000” and inserting “2019”; and
(2)
changed by striking “2000” and inserting “2019”.in subsection (b)—
(A)
added in paragraph (1), by striking “August” and inserting “July”; and
(B)
added in paragraph (2), by striking “ending on August 31, 1996” and inserting “that immediately precedes the 12-month period described in paragraph (1)”.

Sec. 5203 Cooperative lending pilot projects

added

added 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”.

Sec. 5302 Loan authorization levels

changed Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended in the matter preceding subparagraph (A) by striking “2018” and inserting “2023”.amended—

(1)
added 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)
added by striking subparagraphs (A) and (B) and inserting the following:

added “(A) $3,000,000,000 shall be for direct loans, of which—

added “(i) $1,500,000,000 shall be for farm ownership loans under subtitle A; and

added “(ii) $1,500,000,000 shall be for operating loans under subtitle B; and

added “(B) $7,000,000,000 shall be for guaranteed loans, of which—

added “(i) $3,500,000,000 shall be for farm ownership loans under subtitle A; and

added “(ii) $3,500,000,000 shall be for operating loans under subtitle B.”

Sec. 5304 Use of additional funds for direct operating microloans under certain conditions

added

added 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:

added “(5) Use of additional funds for direct operating microloans under certain conditions

added “(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).

added “(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—

added “(i) the Committee on Appropriations of the House of Representatives;

added “(ii) the Committee on Appropriations of the Senate;

added “(iii) the Committee on Agriculture of the House of Representatives; and

added “(iv) the Committee on Agriculture, Nutrition, and Forestry of the Senate.

added “(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

added

added The Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following:

added “366. Equitable relief

added “(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—

added “(1) received a direct farm ownership, operating, or emergency loan under this title; and

added “(2) the Secretary determines is not in compliance with the requirements of this title with respect to the loan.

added “(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—

added “(1) acted in good faith; and

added “(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.

added “(c) Forms of relief—The Secretary may provide to a farmer or rancher under subsection (a) any of the following forms of relief:

added “(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).

added “(2) The farmer or rancher may receive such other equitable relief as the Secretary determines to be appropriate.

added “(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.

added “(e) Administrative appeal; judicial review—A determination or action of the Secretary under this section—

added “(1) shall be final; and

added “(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

added

added The Consolidated Farm and Rural Development Act is amended by inserting after section 366 (as added by section 5305) the following:

added “367. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers

added “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

added

added Section 373(b)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended—

(1)
added by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(2)
added in the matter preceding subclause (I) (as so redesignated), by striking “The Secretary” and inserting the following:

added “(i) In general—The Secretary”

(3)
added by adding at the end the following:

added “(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.”

Sec. 5401 Technical corrections to the Consolidated Farm and Rural Development Act

(a)
(1)
removed Section 310E(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(d)(3)) is amended by inserting “and socially disadvantaged farmers or ranchers” after “ranchers” the second place it appears.
(2)
removed The amendment made by this subsection shall take effect as if included in the enactment of section 5004(4)(A)(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246) in lieu of the amendment made by such section.
(b)
removed
(1)
renumbered was (3)(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)
added 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)
added
(2)
removed The amendment made by this subsection shall take effect as if included in the enactment of section 5201 of the Agricultural Act of 2014 (Public Law 113–79) in lieu of the amendment made by such section.
(c)
removed
(1)
renumbered was (4)(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)
renumbered was (4)(2) The amendment made by this subsection shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).
(c)
added
(d)
removed
(1)
renumbered was (5)(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)
renumbered was (5)(2) The amendment made by this subsection shall take effect as if included in the enactment of section 14 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).
(d)
renumbered was (6) 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)
added
(f)
removed
(1)
renumbered was (7)(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)
added 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)
added
(2)
removed 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.
(g)
removed
(1)
renumbered was (8)(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)
added 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).
(2)
removed The amendment made by paragraph (1) shall take effect as if included in the enactment of section 5004 of the Agricultural Act of 2014 (Public Law 113–79).
(g)
renumbered was (9) 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. 5501 Elimination of obsolete references

removed
(a)
removed Section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) is amended to read as follows:

removed “(a) Composition—The Farm Credit System shall include the Farm Credit Banks, banks 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 of this Act, and such other institutions as may be made a part of the System, all of which shall be chartered by and subject to regulation by the Farm Credit Administration.”

(b)
removed Section 2.4 of such Act (12 U.S.C. 2075) is amended by striking subsection (d).
(c)
removed Section 3.0 of such Act (12 U.S.C. 2121) is amended—
(1)
removed in the 3rd sentence, by striking “and a Central Bank for Cooperatives”; and
(2)
removed by striking the 5th sentence.
(d)
removed Section 3.2(a)(1) of such Act (12 U.S.C. 2123(a)(1)) is amended—
(1)
removed by striking “not merged into the United Bank for Cooperatives or the National Bank for Cooperatives”; and
(2)
removed by adding at the end the following: “Section 7.12(c) shall apply to the board of directors of a merged bank for cooperatives.”.
(e)
removed Section 3.2(a)(2)(A) of such Act (12 U.S.C. 2123(a)(2)(A)) is amended by striking “(other than the National Bank for Cooperatives)”.
(f)
removed Section 3.2 of such Act (12 U.S.C. 2123) is amended—
(1)
removed by striking subsection (b);
(2)
removed in subsection (a)(2)(B), by striking “paragraph” and inserting “subsection”;
(3)
removed by striking “(a)(1)” and inserting “(a)”;
(4)
removed by striking “(2)(A)” and inserting “(b)(1)”;
(5)
removed by striking “(i)” and inserting “(A)”;
(6)
removed by striking “(ii)” and inserting “(B)”; and
(7)
removed by striking “(B)” and inserting “(2)”.
(g)
removed Section 3.5 of such Act (12 U.S.C. 2126) is amended by striking “district”.
(h)
removed Section 3.7(a) of such Act (12 U.S.C. 2128(a)) is amended by striking the second sentence.
(i)
removed Section 3.8(b)(1)(A) of such Act (12 U.S.C. 2129(b)(1)(A)) is amended by inserting “(or successor agency)” after “Rural Electrification Administration”.
(j)
removed Section 3.9(a) of such Act (12 U.S.C. 2130(a)) is amended by striking the 3rd sentence.
(k)
removed Section 3.10(c) of such Act (12 U.S.C. 2131(c)) is amended by striking the second sentence.
(l)
removed Section 3.10(d) of such Act (12 U.S.C. 2131(d)) is amended—
(1)
removed by striking “district” each place it appears; and
(2)
removed by inserting “for cooperatives or successor bank” before “on account of such indebtedness”.
(m)
removed Section 3.11 of such Act (12 U.S.C. 2132) is amended—
(1)
removed in subsection (a), by striking “subsections (b) and (c)” and inserting “subsection (b)”;
(2)
removed in subsection (b)—
(A)
removed by striking “district”; and
(B)
removed by striking “Except as provided in subsection (c) below, all” and inserting “All”; and
(3)
removed by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively.
(n)
removed The heading for part B of title III of such Act is amended by striking “United and”.
(o)
removed Section 3.20(a) of such Act (12 U.S.C. 2141(a)) is amended by striking “or the United Bank for Cooperatives, as the case may be”.
(p)
removed Section 3.20(b) of such Act (12 U.S.C. 2141(b)) is amended by striking “the district banks for cooperatives and the Central Bank for Cooperatives” and inserting “all constituent banks referred to in section 413 of the Agricultural Credit Act of 1987”.
(q)
removed Section 3.21 of such Act (12 U.S.C. 2142) is repealed.
(r)
removed Section 3.28 of such Act (12 U.S.C. 2149) is amended by striking “a district bank for cooperatives and the Central Bank for Cooperatives” and inserting “its constituent banks referred to in section 413 of the Agricultural Credit Act of 1987”.
(s)
removed Section 3.29 of such Act (12 U.S.C. 2150) is repealed.
(t)
removed
(1)
removed Section 4.0 of such Act (12 U.S.C. 2151) is repealed.
(2)
removed Section 5.60(b) of such Act (12 U.S.C. 2277a-9(b)) is amended to read as follows:

removed “(b) Amounts in Fund—The Corporation shall deposit in the Insurance Fund all premium payments received by the Corporation under this part.”

(u)
removed
(1)
removed Section 4.8 of such Act (12 U.S.C. 2159) is amended—
(A)
removed by striking “(a)”; and
(B)
removed by striking subsection (b).
(2)
removed Section 1.1(c) of such Act (12 U.S.C. 2001(c)) is amended by striking “including any costs of defeasance under section 4.8(b),”.
(v)
removed Section 4.9(d)(2) of such Act (12 U.S.C. 2160(d)(2)) is amended to read as follows:

removed “(2) Representation on board—The Farm Credit System Insurance Corporation shall have no representation on the board of directors of the Corporation.”

(w)
removed Section 4.9 of such Act (12 U.S.C. 2160) is amended by striking subsection (e) and redesignating subsection (f) as subsection (e).
(x)
removed Section 4.9A(c) of such Act (12 U.S.C. 2162(c)) is amended to read as follows:

removed “(c) Inability to retire stock at par value—If an institution is unable to retire eligible borrower stock at par value due to the liquidation of the institution, the Farm Credit System Insurance Corporation, acting as receiver, shall retire such stock at par value as would have been retired in the ordinary course of business of the institution. The Farm Credit System Insurance Corporation shall make use of sufficient funds from the Farm Credit Insurance Fund to carry out this section.”

(y)
removed Section 4.12A(a)(1) of such Act (12 U.S.C. 2184(a)(1)) is amended to read as follows:

removed “(1) In general—Every Farm Credit System bank or association shall provide a current list of its stockholders, within 7 calendar days after receipt of a written request by a stockholder, to the requesting stockholder.”

(z)
removed Section 4.14A(a) of such Act (12 U.S.C. 2202a(a)) is amended by inserting “and section 4.36” after “As used in this part”.
(aa)
removed
(1)
removed Section 4.14A of such Act (12 U.S.C. 2202a) is amended—
(A)
removed in subsection (l), by striking “production credit”; and
(B)
removed by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
(2)
removed
(A)
removed Section 5.31 of such Act (12 U.S.C. 2267) is amended by striking “4.14A(i)” and inserting “4.14A(h)”.
(B)
removed Section 5.32(h) of such Act (12 U.S.C. 2268(h)) is amended by striking “4.14A(i)” and inserting “4.14A(h)”.
(bb)
removed
(1)
removed Section 4.14C of such Act (12 U.S.C. 2202c) is repealed.
(2)
removed
(A)
removed Section 4.14A(a)(5)(B)(ii)(I) of such Act (12 U.S.C. 2202a(a)(5)(B)(ii)(I)) is amended by striking “4.14C,”.
(B)
removed Section 8.9 of such Act (12 U.S.C. 2279aa–9) is amended by striking “4.14C,” each place it appears.
(cc)
removed Section 4.17 of such Act (12 U.S.C. 2205) is amended by striking “Federal intermediate credit banks and”.
(dd)
removed Section 4.19(a) of such Act (12 U.S.C. 2207(a)) is amended—
(1)
removed by striking “district”;
(2)
removed by striking “Federal land bank association and production credit”; and
(3)
removed by striking “units” and inserting “institutions”.
(ee)
removed Section 4.38 of such Act (12 U.S.C. 2219c) is amended by striking “The Assistance Board established under section 6.0 and all” and inserting “All”.
(ff)
removed Section 5.17(a)(2) of such Act (12 U.S.C. 2252(a)(2)) is amended by striking the second and 3rd sentences.
(gg)
removed Section 5.18 of such Act (12 U.S.C. 2253) is repealed.
(hh)
removed Section 5.19(a) of such Act (12 U.S.C. 2254(a)) is amended—
(1)
removed by striking “Except for Federal land bank associations, each” and inserting “Each”; and
(2)
removed by striking the second sentence.
(ii)
removed Section 5.19(b) of such Act (12 U.S.C. 2254(b)) is amended—
(1)
removed in the second sentence of paragraph (1), by striking “except with respect to any actions taken by any banks of the System under section 4.8(b),”;
(2)
removed by striking the third sentence of paragraph (1);
(3)
removed by striking “(b)(1)” and inserting “(b)”; and
(4)
removed by striking paragraphs (2) and (3).
(jj)
removed Section 5.35(4) of such Act (12 U.S.C. 2271(4)) is amended—
(1)
removed in subparagraph (C)—
(A)
removed by striking “after December 31, 1992,”; and
(B)
removed by striking “by the Farm Credit System Assistance Board under section 6.6 or”; and
(2)
removed by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).
(kk)
removed Section 5.38 of such Act (12 U.S.C. 2274) is amended by striking “a farm credit district board, bank board, or bank officer or employee shall not remove any director or officer of any production credit association or Federal land bank association” and inserting “a Farm Credit Bank board, officer, or employee shall not remove any director or officer of any association”.
(ll)
removed Section 5.44 of such Act (12 U.S.C. 2275) is repealed.
(mm)
removed Section 5.58(2) of such Act (12 U.S.C. 2277a–7) is amended by striking the second sentence.
(nn)
removed Subtitle A of title VI of such Act (12 U.S.C. 2278a-2278a–11) is repealed.
(oo)
removed Title VI of such Act (12 U.S.C. 2278a-2278b–11) is amended by adding at the end the following:

removed “6.32. Termination of authority

removed “The authority provided in this subtitle shall terminate on December 31, 2018.”

(pp)
removed Section 7.9 of such Act (12 U.S.C. 2279c–2) is amended by striking subsection (c).
(qq)
removed Section 7.10(a)(4) of such Act (12 U.S.C. 2279d(a)(4)) is amended to read as follows:

removed “(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;”

(rr)
removed Section 8.0(2) of such Act (12 U.S.C. 2279aa(2)) is amended to read as follows:

removed “(2) Board—The term Board means the board of directors established under section 8.2.”

(ss)
removed
(1)
removed Section 8.0 of such Act (12 U.S.C. 2279aa) is amended by striking paragraphs (6) and (8), and redesignating paragraphs (7), (9), and (10) as paragraphs (6) through (8), respectively.
(2)
removed
(A)
removed Section 4.39 of such Act (12 U.S.C. 2219d) is amended by striking “8.0(7)” and inserting “8.0(6)”.
(B)
removed Section 8.6(e)(2) of such Act (12 U.S.C. 2279aa–6(e)(2)) is amended by striking “8.0(9)” and inserting “8.0(7)”.
(C)
removed Section 8.11(e) of such Act (12 U.S.C. 2279aa–11(e)) is amended by striking “8.0(7)” and inserting “8.0(6)”.
(D)
removed Section 8.32(a)(1)(B) of such Act (12 U.S.C. 2279bb–1(a)(1)(B)) is amended by striking “8.0(9)(C)” and inserting “8.0(7)(C)”.
(tt)
removed
(1)
removed Section 8.2 of such Act (12 U.S.C. 2279aa-2) is amended—
(A)
removed in subsection (b)—
(i)
removed in the subsection heading, by striking “Permanent Board” and inserting “Board of Directors”;
(ii)
removed by striking paragraph (1) and inserting the following:

removed “(1) Establishment—The Corporation shall be under the management of the Board of Directors.”

(iii)
removed by striking paragraph (3) and redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively; and
(iv)
removed by striking “permanent” each place it appears in paragraphs (2), and (3) through (9) (as so redesignated); and
(B)
removed by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(2)
removed Section 8.4(a)(1) of such Act (12 U.S.C. 2279aa–4) is amended—
(A)
removed by striking the 3rd sentence;
(B)
removed by inserting after the 1st sentence the following: “Voting common stock shall be offered to banks, other financial entities, insurance companies, and System institutions under such terms and conditions as the Board may adopt. The voting stock shall be fairly and broadly offered to ensure that no institution or institutions acquire a disproportionate amount of the total amount of voting common stock outstanding of a class and that capital contributions and issuances of voting common stock for the contributions are fairly distributed between entities eligible to hold Class A and Class B stock, as provided under this paragraph.”;
(C)
removed by striking “8.2(b)(2)(A)” and inserting “8.2(a)(2)(A)”; and
(D)
removed by striking “8.2(b)(2)(B)” and inserting “8.2(a)(2)(B)”.
(uu)
removed
(1)
removed Section 8.6 of such Act (12 U.S.C. 2279aa–6) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d).
(2)
removed
(A)
removed Paragraph (7)(B)(i) of section 8.0 of such Act (12 U.S.C. 2279aa), as redesignated by subsection (ss)(1), is amended by striking “through (d)” and inserting “and (c)”.
(B)
removed Section 8.33(b)(2)(A) of such Act (12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking “8.6(e)” and inserting “8.6(d)”.
(vv)
removed Section 8.32(a) of such Act (12 U.S.C. 2279bb–1(a)) is amended 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”.
(ww)
removed Section 8.35 of such Act (12 U.S.C. 2279bb–4) is amended by striking subsection (e).
(xx)
removed Section 8.38 of such Act (12 U.S.C. 2279bb–7) is repealed.

Sec. 5502 Conforming repeals

removed
(a)
removed Sections 4, 5, 6, 7, 8, 14, and 15 of the Agricultural Marketing Act (12 U.S.C. 1141b, 1141c, 1141d, 1141e, 1141f, 1141i, and 1141j) are repealed.
(b)
removed The Act of June 22, 1939, (Chapter 239; 53 Stat. 853; 12 U.S.C. 1141d–1) is repealed.
(c)
removed Section 201 of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(d)
removed Section 2 of the Act of July 14, 1953, (Chapter 192; 67 Stat. 150; 12 U.S.C. 1148a–4) is repealed.
(e)
removed Sections 32 through 34 of the Farm Credit Act of 1937 (12 U.S.C. 1148b, 1148c, and 1148d) are repealed.
(f)
removed Sections 1 through 4 of the Act of March 3, 1932, (12 U.S.C. 1401 through 1404) are repealed.

Sec. 5503 Facility headquarters

removed

removed 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:

removed “5.16. Quarters and facilities for the Farm Credit Administration

removed “(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.

removed “(b) As an alternate”

Sec. 5504 Sharing privileged and confidential information

removed

removed Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is amended by adding at the end the following:

removed “(e) A System institution shall not be considered to have waived the confidentiality of a privileged communication with an attorney or accountant if the 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. 5505 Scope of jurisdiction

removed

removed Part C of title V of the Farm Credit Act of 1971 (12 U.S.C. 2261–2274) is amended by inserting after section 5.31 the following:

removed “5.31A. Scope of jurisdiction

removed “(a) For purposes of sections 5.25, 5.26, and 5.33, 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.

removed “(b) 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 System institution) shall not affect the jurisdiction and authority of the Farm Credit Administration to issue any notice or order and proceed under this part against any such party, if the notice or order is served before the end of the 6-year period beginning on the date the party ceased to be such a party with respect to the System institution (whether the date occurs before, on, or after the date of the enactment of this section).”

Sec. 5506 Definition

removed

removed Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is amended—

(1)
removed by striking “and” at the end of paragraph (3); and
(2)
removed by redesignating paragraph (4) as paragraph (5) and inserting after paragraph (3) the following:

removed “(4) the term institution-affiliated party means—

removed “(A) any director, officer, employee, shareholder, or agent of a System institution;

removed “(B) any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in—

removed “(i) any violation of law (including regulations) that is associated with the operations and activities of 1 or more institutions;

removed “(ii) any breach of fiduciary duty; or

removed “(iii) any unsafe or unsound practice, which caused or is likely to cause more than a minimal financial loss to, or a significant adverse effect on, a System institution; and

removed “(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. 5507 Expansion of acreage exception to loan amount limitation

removed
(a)
removed 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)
removed Effective date— The amendment made by subsection (a) shall take effect 1 year after the date a report submitted in accordance with section 5602 of this Act indicates that it is feasible to increase the acreage limitation in section 8.8(c)(2) of the Farm Credit Act of 1971 to 2,000 acres.

Sec. 5508 Compensation of bank directors

removed

removed Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is repealed.

Sec. 5509 Prohibition on use of funds

removed

removed 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:

removed “(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. 5601 State agricultural mediation programs

removed

removed Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking “2018”and inserting “2023”.

Sec. 5602 Study on loan risk

removed
(a)
removed Study— The Farm Credit Administration shall conduct a study that—
(1)
removed 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)
removed 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)
removed 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. 5603 GAO report on ability of the Farm Credit System to meet the agricultural credit needs of Indian tribes and their members

removed
(a)
removed In general— The Comptroller General of the United States shall—
(1)
removed study the agricultural credit needs of farms, ranches, and related agricultural businesses that are owned or operated by—
(A)
removed Indian tribes on tribal lands; or
(B)
removed enrolled members of Indian tribes on Indian allotments; and
(2)
removed determine whether the institutions of the Farm Credit System have sufficient authority and resources to meet the needs.
(b)
removed 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)
removed Report to the Congress— Within 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committees on Agriculture and on Natural Resources of the House of Representatives a written report that contains the findings of the study conducted under subsection (a). If the Comptroller General finds that the institutions of the Farm Credit System do not have sufficient authority or resources to meet the needs referred to in subsection (a), the report shall include such legislative and other recommendations as the Comptroller General determines would result in a system under which the needs are met in an equitable and effective manner.

Sec. 6001 Prioritizing projects to meet health crises in rural America

removed
(a)
removed 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:

removed “608. Temporary prioritization of rural health Assistance

removed “(a) Authority to prioritize certain rural health applications—The Secretary, after consultation with such public health officials as may be necessary, may announce a temporary reprioritization for certain rural development loan and grant applications to assist rural communities in responding to a specific health emergency.

removed “(b) Content of announcement—In the announcement, the Secretary shall—

removed “(1) specify the nature of the emergency affecting the health of rural Americans;

removed “(2) describe the actual and potential effects of the emergency on the rural United States;

removed “(3) identify the services and treatments which can be used to reduce those effects; and

removed “(4) publish the specific temporary changes needed to assist rural communities in responding to the emergency.

removed “(c) Notice—Not later than 48 hours after making or extending 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 or extension.

removed “(d) Extension—The Secretary may extend an announcement under subsection (a) if the Secretary determines that the emergency will continue after the declaration would otherwise expire.

removed “(e) Expiration—An announcement under subsection (a) shall expire on the earlier of—

removed “(1) the date the Secretary determines that the emergency has ended; or

removed “(2) the end of the 360-day period beginning with the later of—

removed “(A) the date the announcement was made; or

removed “(B) the date the announcement was most recently extended.”

(b)
removed Distance learning and telemedicine— Section 2333(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2(c)) is amended by adding at the end the following:

removed “(5) Procedure during temporary reprioritizations

removed “(A) In general—While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, the Secretary shall make available not less than 10 percent of the amounts made available under section 2335A for financial assistance under this chapter, for telemedicine services to identify and treat individuals affected by the emergency, subject to subparagraph (B).

removed “(B) Exception—In the case of a fiscal year for which the Secretary determines that there are not sufficient qualified applicants to receive financial assistance to reach the 10-percent requirement under subparagraph (A), the Secretary may make available less than 10 percent of the amounts made available under section 2335A for those services.”

(c)
removed Community facilities direct loans and grants— Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the following:

removed “(27) Procedure during temporary reprioritizations

removed “(A) Selection priority—While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, in selecting recipients of loans, loan guarantees, or grants for the development of essential community facilities under this section, the Secretary shall give priority to entities eligible for those loans or grants—

removed “(i) to develop facilities to provide services related to reducing the effects of the health emergency, including—

removed “(I) prevention services;

removed “(II) treatment services;

removed “(III) recovery services; or

removed “(IV) any combination of those services; and

removed “(ii) that employ staff that have appropriate expertise and training in how to identify and treat individuals affected by the emergency.

removed “(B) Use of funds—An eligible entity described in subparagraph (A) that receives a loan or grant described in that subparagraph may use the loan or grant funds for the development of telehealth facilities and systems to provide for treatment directly related to the emergency involved.”

(d)
removed Rural health and safety education programs—
(1)
removed In general— Section 502(i) of the Rural Development Act of 1972 (7 U.S.C. 2662(i)) is amended—
(A)
removed by redesignating paragraph (5) as paragraph (6); and
(B)
removed by inserting after paragraph (4) the following:

removed “(5) Procedure during temporary reprioritizations—While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, in making grants under this subsection, the Secretary shall give priority to an applicant that will use the grant to address the announced emergency.”

(2)
removed Technical amendments— Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.), as amended by paragraph (1) of this subsection, is amended—
(A)
removed in section 502, in the matter preceding subsection (a), by inserting “(referred to in this title as the Secretary)” after “Agriculture”; and
(B)
removed by striking “Secretary of Agriculture” each place it appears (other than in section 502 in the matter preceding subsection (a)) and inserting “Secretary”.

Sec. 6002 Distance learning and telemedicine

removed
(a)
removed 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)
removed 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. 6003 Reauthorization of the Farm and Ranch Stress Assistance Network

removed

removed Section 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is amended—

(1)
removed in subsection (a), by striking “coordination with the Secretary of Health and Human Services, shall make competitive grants to support cooperative programs between State cooperative extension services and nonprofit organizations” and inserting “consultation with the Secretary of Health and Human Services, shall make competitive grants to State cooperative extension services and Indian Tribes to support programs with nonprofit organizations in order”;
(2)
removed in subsection (b)—
(A)
removed in paragraph (1), by inserting “Internet” before “websites”;
(B)
removed by striking paragraph (2) and inserting the following:

removed “(2) training for individuals who may assist farmers in crisis, including programs and workshops;”

(C)
removed in paragraph (4), by inserting “, including the dissemination of information and materials” before the semicolon at the end;
(3)
removed in subsection (c), by striking “to enable the State cooperative extension services” and inserting “or Indian Tribes, as applicable,”;
(4)
removed in subsection (d), by striking “fiscal years” and all that follows and inserting “fiscal years 2018 through 2023”; and
(5)
removed by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:

removed “(d) Oversight and evaluation—The Secretary, in consultation with the Secretary of Health and Human Services, shall review and evaluate the stress assistance programs carried out pursuant to this section.

removed “(1) Program review—Not later than 2 years after the date on which a grant is first provided under this section, and annually thereafter, the Secretary shall—

removed “(A) review the programs funded under a grant made under this section to evaluate the effectiveness of the services offered through such a program, and suggest alternative services not offered by such a grant recipient that would be appropriate for behavioral health services; and

removed “(B) submit to the Congress, and make available on the public Internet website of the Department of Agriculture, a report containing the results of the review conducted under subparagraph (A) and a description of the services provided through programs funded under such a grant.

removed “(2) Public availability—In making the report under paragraph (1) publicly available, the Secretary shall take such steps as may be necessary to ensure that the report does not contain any information that would identify any person who received services under a program funded under a grant made under this section.”

Sec. 6004 Supporting agricultural association health plans

removed
(a)
removed In general— The Secretary of Agriculture may establish a loan program and a grant program to assist in the establishment of agricultural association health plans, in order to help bring new health options and lower priced health care coverage to rural Americans.
(b)
removed Loans—
(1)
removed In general— With respect to plan years 2019 through 2022, the Secretary of Agriculture, in consultation with the Secretary of Labor, may make not more than 10 loans under this section, for purposes of establishing agricultural association health plans, to qualified agricultural associations that have not received a loan under this section.
(2)
removed Use of funds— The proceeds of a loan made under this section may only be used to finance costs associated with establishing and carrying out an agricultural association health plan.
(3)
removed Loan terms— A loan made under this section shall—
(A)
removed bear interest at an annual rate equivalent to the cost of borrowing to the Department of the Treasury for obligations of comparable maturities;
(B)
removed have a term of such length, not exceeding 20 years, as the borrower may request;
(C)
removed be in an amount not to exceed $15,000,000;
(D)
removed require that the borrower submit annual audited financial statements to the Secretary; and
(E)
removed include any other requirements or documentation the Secretary deems necessary to carry out this section.
(c)
removed Grants— The Secretary may make grants to agricultural trade associations or industry associations which have been in existence for at least three years prior to applying for such a grant to provide for technical assistance in establishing an agricultural association health plan.
(d)
removed Authorization of appropriations—
(1)
removed In general— There are authorized to be appropriated to carry out this section $65,000,000 for the period of fiscal years 2019 through 2022, to be available until expended.
(2)
removed Reservation of funds— Of the funds made available under paragraph (1), not more than 15 percent of such funds shall be made available to make grants under subsection (c).
(e)
removed Definitions— In this section:
(1)
removed Agricultural association health plan— The term agricultural association health plan means a group health plan within the meaning of section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (42 U.S.C. 1191b)—
(A)
removed that is sponsored by a qualified agricultural association; and
(B)
removed with respect to which the Secretary has received a letter from the relevant State insurance commissioner certifying that such association may offer such plan in such State.
(2)
removed Qualified agricultural association— The term qualified agricultural association means an association—
(A)
removed composed of members that operate a farm or ranch or operate an agribusiness;
(B)
removed that qualifies as an association health plan within the meaning of guidance or regulation issued by the Department of Labor;
(C)
removed that acts directly or indirectly in the interest of its members in relation to the plan;
(D)
removed that is able to demonstrate an ability to implement and manage a group health plan; and
(E)
removed that meets any other criteria the Secretary deems necessary to meet the intent of this section.

Sec. 6005 Refinancing of certain rural hospital debt

removed

removed 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:

removed “342. Refinancing of certain rural hospital debt

removed “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 and meaningfully improve the financial position of the hospital.”

Sec. 5402 State agricultural mediation programs

added
(a)
added 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)
added in paragraph (1)—
(A)
added in subparagraph (B)—
(i)
added in the matter preceding clause (i), by striking “under the jurisdiction of the Department of Agriculture”;
(ii)
added in clause (ii), by inserting “and the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” before the period at the end; and
(iii)
added by striking clause (vii) and inserting the following:

added “(vii) Lease issues, including land leases and equipment leases.

added “(viii) Family farm transition.

added “(ix) Farmer-neighbor disputes.

added “(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.”

(B)
added by adding at the end the following:

added “(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)—

added “(i) prior to the initiation of any mediation involving the Department of Agriculture; or

added “(ii) unrelated to any ongoing dispute or mediation in which the Department of Agriculture is a party.”

(2)
added in paragraph (2)(A)—
(A)
added in clause (ii), by striking “and” after the semicolon;
(B)
added in clause (iii), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(iv) any other persons involved in an issue for which mediation services are provided by a mediation program described in paragraph (1)(B).”

(3)
added in paragraph (3)(F), by striking “that persons” and inserting the following: “that—

added “(i) the Department of Agriculture receives adequate notification of those issues; and

added “(ii) persons”

(b)
added Report required— Section 505 of the Agricultural Credit Act of 1987 (7 U.S.C. 5105) is amended to read as follows:

added “505. Report

added “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—

added “(1) the effectiveness of the State mediation programs receiving matching grants under this subtitle;

added “(2) recommendations for improving the delivery of mediation services to producers;

added “(3) the steps being taken to ensure that State mediation programs receive timely funding under this subtitle; and

added “(4) the savings to the States as a result of having a mediation program.”

(c)
added 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

added

added Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is repealed.

Sec. 5404 Sharing of privileged and confidential information

added

added Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is amended by adding at the end the following:

added “(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

added

added 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:

added “5.16. Quarters and facilities for the Farm Credit Administration

added “(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.

added “(b) As an alternate”

Sec. 5406 Removal and prohibition authority; industry-wide prohibition

added

added 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:

added “5.29A. Removal and prohibition authority; industry-wide prohibition

added “(a) Definition of person—In this section, the term person means—

added “(1) an individual; and

added “(2) in the case of a specific determination by the Farm Credit Administration, a legal entity.

added “(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—

added “(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));

added “(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));

added “(3) any insured credit union under the Federal Credit Union Act (12 U.S.C. 1751 et seq.);

added “(4) any Federal home loan bank;

added “(5) any institution chartered under this Act;

added “(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)));

added “(7) the Federal Housing Finance Agency; or

added “(8) the Farm Credit Administration.

added “(c) Exception for institution-affiliated party that receives written consent

added “(1) In general

added “(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—

added “(i) to the extent provided in the written consent received; and

added “(ii) with respect to the institution described in each written consent.

added “(B) Written consent described—The written consent referred to in subparagraph (A) is written consent received from—

added “(i) the Farm Credit Administration; and

added “(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.

added “(2) Disclosure—Any agency described in clause (i) or (ii) of paragraph (1)(B) that provides a written consent under that paragraph shall—

added “(A) report the action to the Farm Credit Administration; and

added “(B) publicly disclose the action.

added “(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.

added “(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

added

added 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:

added “5.31A. Jurisdiction over institution-affiliated parties

added “(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.

added “(b) Effect of separation on jurisdiction and authority—Subject to subsection (c), the resignation, termination of employment or participation, or separation of an institution-affiliated party (including a separation caused by the merger, consolidation, conservatorship, or receivership of a Farm Credit System institution) shall not affect the jurisdiction and authority of the Farm Credit Administration to issue any notice or order and proceed under this part against that party.

added “(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.

added “(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

added

added Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is amended—

(1)
added in paragraph (3), by striking “and” at the end;
(2)
added by redesignating paragraph (4) as paragraph (5); and
(3)
added by inserting after paragraph (3) the following:

added “(4) the term institution-affiliated party means—

added “(A) a director, officer, employee, shareholder, or agent of a System institution;

added “(B) an independent contractor (including an attorney, appraiser, or accountant) who knowingly or recklessly participates in—

added “(i) a violation of law (including regulations) that is associated with the operations and activities of 1 or more System institutions;

added “(ii) a breach of fiduciary duty; or

added “(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

added “(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

added

added 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:

added “(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

added
(a)
added 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)
added Effective date— The amendment made by subsection (a) shall take effect 1 year after the date a report submitted in accordance with section 5414 of this Act indicates that it is feasible to increase the acreage limitation in section 8.8(c)(2) of the Farm Credit Act of 1971 to 2,000 acres.

Sec. 5411 Repeal of obsolete provisions; technical corrections

added
(1)
added 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)
added 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:

added “(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)
added Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C. 2075) is amended by striking subsection (d).
(4)
added Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C. 2121(a)) is amended—
(A)
added in the third sentence, by striking “and a Central Bank for Cooperatives”; and
(B)
added by striking the fifth sentence.
(5)
added Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C. 2123) is amended—
(A)
added in subsection (a)—
(i)
added in paragraph (1), by striking “not merged into the United Bank for Cooperatives or the National Bank for Cooperatives”; and
(ii)
added in paragraph (2)(A), in the matter preceding clause (i), by striking “(other than the National Bank for Cooperatives)”;
(B)
added by striking subsection (b);
(C)
added in subsection (a)—
(i)
added by striking “(a)(1) Each bank” and inserting the following:

added “(a) In general—Each bank”

(ii)
added by striking “(2)(A) If approved” and inserting the following:

added “(b) Nomination and election

added “(1) In general—If approved”

(D)
added in subsection (b)(1) (as so designated)—
(i)
added in subparagraph (B), by striking “(B) The total” and inserting the following:

added “(2) Number of votes—The total”

(ii)
added by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and
(E)
added in paragraph (2) (as so designated), by striking “paragraph” and inserting “subsection”.
(6)
added 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)
added Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C. 2128(a)) is amended by striking the second sentence.
(8)
added 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)
added 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)
added Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C. 2131) is amended—
(A)
added in subsection (c), by striking the second sentence; and
(B)
added in subsection (d)—
(i)
added by striking “district” each place it appears; and
(ii)
added by inserting “for cooperatives (or any successor bank)” before “on account”.
(11)
added Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C. 2132) is amended—
(A)
added in subsection (a), in the first sentence, by striking “subsections (b) and (c) of this section” and inserting “subsection (b)”;
(B)
added in subsection (b)—
(i)
added in the first sentence, by striking “district”; and
(ii)
added in the second sentence, by striking “Except as provided in subsection (c) below, all” and inserting “All”;
(C)
added by striking subsection (c); and
(D)
added by redesignating subsections (d) through (f) as subsections (c) through (e), respectively.
(12)
added 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)
added Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C. 2141) is amended—
(A)
added in subsection (a), by striking “or the United Bank for Cooperatives, as the case may be”; and
(B)
added 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)
added Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C. 2142) is repealed.
(15)
added 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)
added Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C. 2149a) is repealed.
(17)
added Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C. 2151) is repealed.
(18)
added Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C. 2159) is amended—
(A)
added by striking the section designation and heading and all that follows through “Each bank” in subsection (a) and inserting the following:

added “4.8. Purchase and sale of obligations

added “Each bank”

(B)
added by striking subsection (b).
(19)
added Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C. 2160) is amended—
(A)
added in subsection (d)—
(i)
added by striking paragraph (2) and inserting the following:

added “(3) Representation of Board—The Farm Credit System Insurance Corporation shall not have representation on the board of directors of the Corporation.”

(ii)
added in the undesignated matter following paragraph (1)(D), by striking “In selecting” and inserting the following:

added “(2) Considerations—In selecting”

(iii)
added in paragraph (2) (as so designated), by inserting “of paragraph (1)” after “(A) and (B)”;
(B)
added by striking subsection (e); and
(C)
added by redesignating subsection (f) as subsection (e).
(20)
added Section 4.9A(c) of the Farm Credit Act of 1971 (12 U.S.C. 2162(c)) is amended—
(A)
added 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)
added by striking “If an institution” and inserting the following:

added “(1) In general—If an institution”

(C)
added 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)
added by adding at the end the following:

added “(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)
added 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:

added “(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)
added Section 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2202a) is amended—
(A)
added in subsection (a)—
(i)
added in the matter preceding paragraph (1), by inserting “and section 4.36” before the colon at the end; and
(ii)
added in paragraph (5)(B)(ii)(I), by striking “4.14C,”;
(B)
added by striking subsection (h);
(C)
added by redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and
(D)
added in subsection (k) (as so redesignated), by striking “production credit”.
(23)
added Section 4.14C of the Farm Credit Act of 1971 (12 U.S.C. 2202c) is repealed.
(24)
added 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)
added Section 4.19(a) of the Farm Credit Act of 1971 (12 U.S.C. 2207(a)) is amended—
(A)
added in the first sentence—
(i)
added by striking “district”; and
(ii)
added by striking “Federal land bank association and production credit”; and
(B)
added in the second sentence, by striking “units” and inserting “institutions”.
(26)
added 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)
added 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)
added 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)
added in the fifth sentence, by striking “In actions undertaken by the banks pursuant to the foregoing provisions of this section” and inserting the following:

added “(5) Agent for banks—In actions undertaken by the banks pursuant to this section”

(B)
added in the fourth sentence, by striking “The plans” and inserting the following:

added “(4) Approval of Board—The plans”

(C)
added in the third sentence, by striking “The powers” and inserting the following:

added “(3) Powers of banks—The powers”

(D)
added in the second sentence, by striking “Such advances” and inserting the following:

added “(2) Advances—The advances of funds described in paragraph (1)”

(E)
added in the first sentence, by striking “The Board” and inserting the following:

added “(c) Financing

added “(1) In general—The Board”

(29)
added 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)
added Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C. 2253) is repealed.
(31)
added Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is amended—
(A)
added in subsection (a)—
(i)
added in the first sentence, by striking “Except for Federal land bank associations, each” and inserting “Each”; and
(ii)
added by striking the second sentence; and
(B)
added in subsection (b)—
(i)
added by striking “(b)(1) Each” and inserting “(b) Each”;
(ii)
added in the matter preceding paragraph (2) (as so designated)—
(I)
added 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)
added by striking the third sentence; and
(iii)
added by striking paragraphs (2) and (3).
(32)
added 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)
added 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)
added 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)
added in subparagraph (A), by adding “and” at the end;
(B)
added by striking subparagraph (B);
(C)
added by redesignating subparagraph (C) as subparagraph (B); and
(D)
added in subparagraph (B) (as so redesignated)—
(i)
added by striking “after December 31, 1992,”; and
(ii)
added by striking “by the Farm Credit System Assistance Board under section 6.6 or”.
(35)
added 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)
added Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C. 2275) is repealed.
(37)
added 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)
added Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C. 2277a–9) is amended—
(A)
added in subsection (b), by striking the subsection designation and heading and all that follows through “The Corporation” in paragraph (2) and inserting the following:

added “(b) Amounts in fund—The Corporation”

(B)
added 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)
added Title VI of the Farm Credit Act of 1971 (12 U.S.C. 2278a et seq.) is repealed.
(40)
added Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C. 2279c–2) is amended by striking subsection (c).
(41)
added 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:

added “(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)
added Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa) is amended—
(A)
added in paragraph (2), by striking “means—” in the matter preceding subparagraph (A) and all that follows through the period at the end of the undesignated matter following subparagraph (B) and inserting “means the board of directors established under section 8.2.”;
(B)
added by striking paragraphs (6) and (8);
(C)
added by redesignating paragraphs (7), (9), and (10) as paragraphs (6), (7), and (8), respectively; and
(D)
added in subparagraph (B)(i) of paragraph (7) (as so redesignated), by striking “(b) through (d)” and inserting “(b) and (c)”.
(43)
added Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–2) is amended—
(A)
added by striking subsection (a);
(B)
added 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:

added “(a) In general

added “(1) Establishment—The Corporation shall be under the management of the board of directors.”

(C)
added in subsection (a) (as so designated)—
(i)
added by striking “permanent board” each place it appears and inserting “Board”;
(ii)
added by striking paragraph (3);
(iii)
added by redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively; and
(iv)
added in paragraph (3)(A) (as so redesignated), by striking “(6)” and inserting “(5)”; and
(D)
added by redesignating subsection (c) as subsection (b).
(44)
added Section 8.4(a)(1) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–4(a)(1)) is amended—
(A)
added in the sixth sentence—
(i)
added by striking “Class B” and inserting the following:

added “(iii) Class B stock—Class B”

(ii)
added by striking “8.2(b)(2)(B)” and inserting “8.2(a)(2)(B)”;
(B)
added in the fifth sentence—
(i)
added by striking “Class A” and inserting the following:

added “(ii) Class A stock—Class A”

(ii)
added by striking “8.2(b)(2)(A)” and inserting “8.2(a)(2)(A)”;
(C)
added in the fourth sentence, by striking “The stock” and inserting the following:

added “(D) Classes of stock

added “(i) In general—The stock”

(D)
added by striking the third sentence and inserting the following:

added “(C) Offers

added “(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.

added “(ii) Requirements—The voting common stock shall be fairly and broadly offered to ensure that—

added “(I) no institution or institutions acquire a disproportionate share of the total quantity of the voting common stock outstanding of a class of stock; and

added “(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)
added in the second sentence, by striking “Each share” and inserting the following:

added “(B) Number of votes—Each share”

(F)
added in the first sentence, by striking “The Corporation” and inserting the following:

added “(A) In general—The Corporation”

(45)
added Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–6) is amended—
(A)
added by striking subsection (d);
(B)
added by redesignating subsection (e) as subsection (d); and
(C)
added in paragraph (2) of subsection (d) (as so redesignated), by striking “8.0(9))” and inserting “8.0)”.
(46)
added 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)
added 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)
added Section 8.32(a) of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–1(a)) is amended—
(A)
added 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)
added in paragraph (1)(B), by striking “8.0(9)(C)” and inserting “8.0(7)(C)”.
(49)
added 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)
added Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–4) is amended by striking subsection (e).
(51)
added Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–7) is repealed.
(52)
added Section 4 of the Agricultural Marketing Act (12 U.S.C. 1141b) is repealed.
(53)
added Section 5 of the Agricultural Marketing Act (12 U.S.C. 1141c) is repealed.
(54)
added Section 6 of the Agricultural Marketing Act (12 U.S.C. 1141d) is repealed.
(55)
added Section 7 of the Agricultural Marketing Act (12 U.S.C. 1141e) is repealed.
(56)
added Section 8 of the Agricultural Marketing Act (12 U.S.C. 1141f) is repealed.
(57)
added Section 14 of the Agricultural Marketing Act (12 U.S.C. 1141i) is repealed.
(58)
added The Act of June 22, 1939 (53 Stat. 853, chapter 239; 12 U.S.C. 1141d–1), is repealed.
(59)
added Section 201(e) of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(60)
added Section 2 of the Act of July 14, 1953 (67 Stat. 150, chapter 192; 12 U.S.C. 1148a–4), is repealed.
(61)
added Section 32 of the Farm Credit Act of 1937 (12 U.S.C. 1148b) is repealed.
(62)
added Section 33 of the Farm Credit Act of 1937 (12 U.S.C. 1148c) is repealed.
(63)
added Section 34 of the Farm Credit Act of 1937 (12 U.S.C. 1148d) is repealed.
(64)
added The Joint Resolution of March 3, 1932 (47 Stat. 60, chapter 70; 12 U.S.C. 1401 et seq.), is repealed.

Sec. 5412 Corporation as conservator or receiver; certain other powers

added

added 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:

added “5.61C. Corporation as conservator or receiver; certain other powers

added “(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.

added “(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:

added “(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.

added “(2) General powers

added “(A) Successor to system institution—The Corporation shall, as conservator or receiver, and by operation of law, succeed to—

added “(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

added “(ii) title to the books, records, and assets of any previous conservator or other legal custodian of such System institution.

added “(B) Operate the system institution—The Corporation may, as conservator or receiver—

added “(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;

added “(ii) collect all obligations and money due the System institution;

added “(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;

added “(iv) preserve and conserve the assets and property of such System institution; and

added “(v) provide by contract for assistance in fulfilling any function, activity, action, or duty of the Corporation as conservator or receiver.

added “(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.

added “(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—

added “(i) necessary to put the System institution in a sound and solvent condition; and

added “(ii) appropriate to carry on the business of the System institution and preserve and conserve the assets and property of the System institution.

added “(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.

added “(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).

added “(G) Merger; transfer of assets and liabilities

added “(i) In general—Subject to clause (ii), the Corporation may, as conservator or receiver—

added “(I) merge the System institution with another System institution; and

added “(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.

added “(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.

added “(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.

added “(I) Incidental powers

added “(i) In general—The Corporation may, as conservator or receiver—

added “(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

added “(II) take any action authorized by this section, which the Corporation determines is in the best interests of—

added “(aa) the System institution in receivership or conservatorship;

added “(bb) System institutions;

added “(cc) System institution stockholders or investors; or

added “(dd) the Corporation.

added “(ii) Termination of rights and claims

added “(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.

added “(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).

added “(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.

added “(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.

added “(3) Authority of receiver to determine claims

added “(A) In general—The Corporation may, as receiver, determine claims in accordance with the requirements of this subsection and regulations prescribed under paragraph (4).

added “(B) Notice requirements—The receiver, in any case involving the liquidation or winding up of the affairs of a closed System institution, shall—

added “(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

added “(ii) republish such notice approximately 1 month and 2 months, respectively, after the publication under clause (i).

added “(C) Mailing required—The receiver shall mail a notice similar to the notice published under subparagraph (B)(i) at the time of such publication to any creditor shown on the System institution's books—

added “(i) at the creditor's last address appearing in such books; or

added “(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.

added “(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.

added “(5) Procedures for determination of claims

added “(A) Determination period

added “(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.

added “(ii) Extension of time—The period described in clause (i) may be extended by a written agreement between the claimant and the Corporation.

added “(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—

added “(I) on the System institution's books;

added “(II) in the claim filed by the claimant; or

added “(III) in documents submitted in proof of the claim.

added “(iv) Contents of notice of disallowance—If any claim filed under clause (i) is disallowed, the notice to the claimant shall contain—

added “(I) a statement of each reason for the disallowance; and

added “(II) the procedures available for obtaining agency review of the determination to disallow the claim or judicial determination of the claim.

added “(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.

added “(C) Disallowance of claims filed after end of filing period

added “(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.

added “(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—

added “(I) the claimant did not receive notice of the appointment of the receiver in time to file such claim before such date; and

added “(II) such claim is filed in time to permit payment of such claim.

added “(D) Authority to disallow claims

added “(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.

added “(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—

added “(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

added “(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.

added “(iii) Exceptions—No provision of this paragraph shall apply with respect to—

added “(I) any extension of credit from any Federal Reserve bank or the United States Treasury to any System institution; or

added “(II) any security interest in the assets of the System institution securing any such extension of credit.

added “(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.

added “(F) Legal effect of filing

added “(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.

added “(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.

added “(6) Provision for judicial determination of claims

added “(A) In general—Before the end of the 60-day period beginning on the earlier of—

added “(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

added “(ii) the date of any notice of disallowance of such claim pursuant to paragraph (5)(A)(i),

added “(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.

added “(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.

added “(8) Expedited determination of claims

added “(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—

added “(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

added “(ii) allege that irreparable injury will occur if the routine claims procedure is followed.

added “(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—

added “(i) determine—

added “(I) whether to allow or disallow such claim; or

added “(II) whether such claim should be determined pursuant to the procedures established pursuant to paragraph (5); and

added “(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.

added “(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—

added “(i) the end of the 90-day period beginning on the date of the filing of a request for expedited relief; or

added “(ii) the date the Corporation denies the claim.

added “(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.

added “(E) Legal effect of filing

added “(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.

added “(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.

added “(9) Agreement as basis of claim

added “(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.

added “(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).

added “(10) Payment of claims

added “(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.

added “(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.

added “(C) Rulemaking authority of corporation—The Corporation may prescribe such rules, including definitions of terms, as it deems appropriate to establish a single uniform interest rate for or to make payments of post insolvency interest to creditors holding proven claims against the receivership estates of System institutions following satisfaction by the receiver of the principal amount of all creditor claims.

added “(11) Priority of expenses and claims

added “(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:

added “(i) Administrative expenses of the receiver.

added “(ii) If authorized by the Corporation, wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual—

added “(I) in an amount that is not more than $11,725 for each individual (as indexed for inflation, by regulation of the Corporation); and

added “(II) that is earned 180 days or fewer before the date of appointment of the Corporation as receiver.

added “(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—

added “(I) section 4.4 on consolidated and System-wide bonds issued under subsection (c) or (d) of section 4.2; or

added “(II) an agreement, in writing and approved by the Farm Credit Administration, among the System banks to reallocate the payments.

added “(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—

added “(I) including interest accrued before and after the appointment of the receiver; and

added “(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.

added “(v) Any general or senior liability of the System institution (which is not a liability described in clause (vi) or (vii)).

added “(vi) Any obligation subordinated to general creditors (which is not an obligation described in clause (vii)).

added “(vii) Any obligation to stockholders or members arising as a result of their status as stockholders or members.

added “(B) Payment of claims

added “(i) In general

added “(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.

added “(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.

added “(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.

added “(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.

added “(C) Effect of State law

added “(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.

added “(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.

added “(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.

added “(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).

added “(12) Suspension of legal actions

added “(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—

added “(i) 45 days, in the case of any conservator; and

added “(ii) 90 days, in the case of any receiver,

added “(B) Grant of stay by all courts required—Upon receipt of a request by any conservator or receiver pursuant to subparagraph (A) for a stay of any judicial action or proceeding in any court with jurisdiction of such action or proceeding, the court shall grant such stay as to all parties.

added “(13) Additional rights and duties

added “(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.

added “(B) Rights and remedies of conservator or receiver—In the event of any appealable judgment, the Corporation as conservator or receiver shall—

added “(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

added “(ii) not be required to post any bond in order to pursue such remedies.

added “(C) No attachment or execution—No attachment or execution may issue by any court on—

added “(i) assets in the possession of the receiver; or

added “(ii) the charter of a System institution for which the Corporation has been appointed receiver.

added “(D) Limitation on judicial review—Except as otherwise provided in this subsection, no court shall have jurisdiction over—

added “(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

added “(ii) any claim relating to any act or omission of such System institution or the Corporation as receiver.

added “(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—

added “(i) maximizes the net present value return from the sale or disposition of such assets;

added “(ii) minimizes the amount of any loss realized in the resolution of cases;

added “(iii) ensures adequate competition and fair and consistent treatment of offerors;

added “(iv) prohibits discrimination on the basis of race, sex, or ethnic groups in the solicitation and consideration of offers; and

added “(v) mitigates the potential for serious adverse effects to the rest of the System.

added “(14) Statute of limitations for actions brought by conservator or receiver

added “(A) In general—Notwithstanding any provision of any contract, the applicable statute of limitations with regard to any action brought by the Corporation as conservator or receiver shall be—

added “(i) in the case of any contract claim, the longer of—

added “(I) the 6-year period beginning on the date the claim accrues; or

added “(II) the period applicable under State law; and

added “(ii) in the case of any tort claim, the longer of—

added “(I) the 3-year period beginning on the date the claim accrues; or

added “(II) the period applicable under State law.

added “(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—

added “(i) the date of the appointment of the Corporation as conservator or receiver; or

added “(ii) the date on which the cause of action accrues.

added “(C) Revival of expired State causes of action

added “(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.

added “(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.

added “(15) Accounting and recordkeeping requirements

added “(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.

added “(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.

added “(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.

added “(D) Recordkeeping requirement

added “(i) In general—Except as provided in clause (ii), after the end of the 6-year period beginning on the date the Corporation is appointed as receiver of a System institution, the Corporation may destroy any records of such System institution which the Corporation, in the Corporation's discretion, determines to be unnecessary unless directed not to do so by a court of competent jurisdiction or governmental agency, or prohibited by law.

added “(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).

added “(16) Fraudulent transfers

added “(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.

added “(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—

added “(i) the initial transferee of such transfer or the System institution-affiliated party or person for whose benefit such transfer was made; or

added “(ii) any immediate or mediate transferee of any such initial transferee.

added “(C) Rights of transferee or obligee—The Corporation may not recover under subparagraph (B) from—

added “(i) any transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith; or

added “(ii) any immediate or mediate good faith transferee of such transferee.

added “(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.

added “(17) Attachment of assets and other injunctive relief—Subject to paragraph (18), any court of competent jurisdiction may, at the request of the Corporation (in the Corporation's capacity as conservator or receiver for any System institution or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 5.61), issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Corporation under the control of the court and appointing a trustee to hold such assets.

added “(18) Standards

added “(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.

added “(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.

added “(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.

added “(c) Provisions relating to contracts entered into before appointment of conservator or receiver

added “(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—

added “(A) to which such System institution is a party;

added “(B) the performance of which the conservator or receiver, in the conservator's or receiver's discretion, determines to be burdensome; and

added “(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.

added “(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.

added “(3) Claims for damages for repudiation

added “(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—

added “(i) limited to actual direct compensatory damages; and

added “(ii) determined as of—

added “(I) the date of the appointment of the conservator or receiver; or

added “(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.

added “(B) No liability for other damages—For purposes of subparagraph (A), the term actual direct compensatory damages does not include—

added “(i) punitive or exemplary damages;

added “(ii) damages for lost profits or opportunity; or

added “(iii) damages for pain and suffering.

added “(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—

added “(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

added “(ii) paid in accordance with this subsection and subsection (j), except as otherwise specifically provided in this section.

added “(4) Leases under which the System institution is the lessee

added “(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.

added “(B) Payments of rent—Notwithstanding subparagraph (A), the lessor under a lease to which such subparagraph applies shall—

added “(i) be entitled to the contractual rent accruing before the later of the date—

added “(I) the notice of disaffirmance or repudiation is mailed; or

added “(II) the disaffirmance or repudiation becomes effective, unless the lessor is in default or breach of the terms of the lease; and

added “(ii) have no claim for damages under any acceleration clause or other penalty provision in the lease; and

added “(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).

added “(5) Leases under which the System institution is the lessor

added “(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—

added “(i) treat the lease as terminated by such repudiation; or

added “(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.

added “(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—

added “(i) the lessee—

added “(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

added “(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

added “(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).

added “(6) Contracts for the sale of real property

added “(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—

added “(i) treat the contract as terminated by such repudiation; or

added “(ii) remain in possession of such real property.

added “(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—

added “(i) the purchaser—

added “(I) shall continue to make all payments due under the contract after the date of the repudiation of the contract; and

added “(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

added “(ii) the conservator or receiver shall—

added “(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);

added “(II) deliver title to the purchaser in accordance with the contract; and

added “(III) have no obligation under the contract, other than the performance required under subclause (II).

added “(C) Assignment and sale allowed

added “(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.

added “(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.

added “(7) Provisions applicable to service contracts

added “(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—

added “(i) a claim to be paid in accordance with subsections (b) and (d); and

added “(ii) deemed to have arisen as of the date the conservator or receiver was appointed.

added “(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—

added “(i) the other party shall be paid under the terms of the contract for the services performed; and

added “(ii) the amount of such payment shall be treated as an administrative expense of the conservatorship or receivership.

added “(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.

added “(8) Certain qualified financial contracts

added “(A) Definitions—In this paragraph:

added “(i) Commodity contract—The term commodity contract means—

added “(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;

added “(II) with respect to a foreign futures commission merchant, a foreign future;

added “(III) with respect to a leverage transaction merchant, a leverage transaction;

added “(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;

added “(V) with respect to a commodity options dealer, a commodity option;

added “(VI) any other agreement or transaction that is similar to any agreement or transaction referred to in this clause;

added “(VII) any combination of the agreements or transactions referred to in this clause;

added “(VIII) any option to enter into any agreement or transaction referred to in this clause;

added “(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

added “(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.

added “(ii) Forward contract—The term forward contract means—

added “(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;

added “(II) any combination of agreements or transactions referred to in subclauses (I) and (III);

added “(III) any option to enter into any agreement or transaction referred to in subclause (I) or (II);

added “(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

added “(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.

added “(iii) Person—The term person—

added “(I) has the meaning given the term in section 1 of title 1, United States Code; and

added “(II) includes any governmental entity.

added “(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.

added “(v) Repurchase agreement

added “(I) In general—The term repurchase agreement (including with respect to a reverse repurchase agreement)—

added “(aa) means—

added “(AA) an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage-related securities (as such term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), mortgage loans, interests in mortgage-related securities or mortgage loans, eligible bankers' acceptances, qualified foreign government securities or securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers' acceptances, securities, mortgage loans, or interests with a simultaneous agreement by such transferee to transfer to the transferor thereof certificates of deposit, eligible bankers' acceptances, securities, mortgage loans, or interests as described above, at a date certain not later than 1 year after such transfers or on demand, against the transfer of funds, or any other similar agreement;

added “(BB) any combination of agreements or transactions referred to in subitems (AA) and (CC);

added “(CC) any option to enter into any agreement or transaction referred to in subitem (AA) or (BB);

added “(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

added “(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

added “(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.

added “(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).

added “(vi) Securities contract—The term securities contract—

added “(I) means—

added “(aa) a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan, any interest in a mortgage loan, a group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or any option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option, and including any repurchase or reverse repurchase transaction on any such security, certificate of deposit, mortgage loan, interest, group or index, or option (whether or not the repurchase or reverse repurchase transaction is a repurchase agreement);

added “(bb) any option entered into on a national securities exchange relating to foreign currencies;

added “(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));

added “(dd) any margin loan;

added “(ee) any extension of credit for the clearance or settlement of securities transactions;

added “(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;

added “(gg) any other agreement or transaction that is similar to any agreement or transaction referred to in this subclause;

added “(hh) any combination of the agreements or transactions referred to in this subclause;

added “(ii) any option to enter into any agreement or transaction referred to in this subclause;

added “(jj) a master agreement that provides for an agreement or transaction referred to in any of items (aa) through (ii), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a securities contract under this subclause, except that the master agreement shall be considered to be a securities contract under this subclause only with respect to each agreement or transaction under the master agreement that is referred to in item (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), or (ii); and

added “(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

added “(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.

added “(vii) Swap agreement—The term swap agreement means—

added “(I) any agreement, including the terms and conditions incorporated by reference in any such agreement, that is—

added “(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;

added “(bb) a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange precious metals or other commodity agreement;

added “(cc) a currency swap, option, future, or forward agreement;

added “(dd) an equity index or equity swap, option, future, or forward agreement;

added “(ee) a debt index or debt swap, option, future, or forward agreement;

added “(ff) a total return, credit spread or credit swap, option, future, or forward agreement;

added “(gg) a commodity index or commodity swap, option, future, or forward agreement;

added “(hh) a weather swap, option, future, or forward agreement;

added “(ii) an emissions swap, option, future, or forward agreement; or

added “(jj) an inflation swap, option, future, or forward agreement;

added “(II) any agreement or transaction that is similar to any other agreement or transaction referred to in this clause and that is of a type that has been, is presently, or in the future becomes, the subject of recurrent dealings in the swap or other derivatives markets (including terms and conditions incorporated by reference in such agreement) and that is a forward, swap, future, option or spot transaction on one or more rates, currencies, commodities, equity securities or other equity instruments, debt securities or other debt instruments, quantitative measures associated with an occurrence, extent of an occurrence, or contingency associated with a financial, commercial, or economic consequence, or economic or financial indices or measures of economic or financial risk or value;

added “(III) any combination of agreements or transactions referred to in this clause;

added “(IV) any option to enter into any agreement or transaction referred to in this clause;

added “(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

added “(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.

added “(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.

added “(ix) Treatment of master agreement as 1 agreement—For purposes of this subparagraph—

added “(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

added “(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.

added “(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—

added “(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified financial contract with a System institution which arises upon the appointment of the Corporation as receiver for such System institution at any time after such appointment;

added “(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

added “(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.

added “(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.

added “(D) Certain transfers not avoidable

added “(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.

added “(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.

added “(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—

added “(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;

added “(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

added “(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.

added “(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).

added “(G) Walkaway clauses not effective

added “(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—

added “(I) solely because of—

added “(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

added “(bb) the appointment of, or the exercise of rights or powers by, the Corporation as a conservator or receiver of the System institution; and

added “(II) not as a result of the exercise by a party of any right to offset, setoff, or net obligations that exist under—

added “(aa) the contract;

added “(bb) any other contract between those parties; or

added “(cc) applicable law.

added “(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.

added “(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—

added “(I) the time such party receives notice that such contract has been transferred pursuant to subparagraph (B); or

added “(II) 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver.

added “(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).

added “(9) Transfer of qualified financial contracts

added “(A) Definitions—In this paragraph:

added “(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).

added “(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.

added “(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—

added “(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—

added “(I) all qualified financial contracts between any person or any affiliate of such person and the System institution in default;

added “(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);

added “(III) all claims of such System institution against such person or any affiliate of such person under any such contract; and

added “(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

added “(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).

added “(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.

added “(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.

added “(10) Notification of transfer

added “(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.

added “(B) Notification—If—

added “(i) the conservator or receiver for a System institution in default makes any transfer of the assets and liabilities of such System institution; and

added “(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.

added “(C) Certain rights not enforceable

added “(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)—

added “(I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver; or

added “(II) after the person has received notice that the contract has been transferred pursuant to paragraph (9)(B).

added “(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).

added “(iii) Notice—For purposes of this paragraph, the Corporation as receiver or conservator of a System institution shall be deemed to have notified a person who is a party to a qualified financial contract with such System institution if the Corporation has taken steps reasonably calculated to provide notice to such person by the time specified in subparagraph (B).

added “(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):

added “(i) A bridge System bank.

added “(ii) A System institution organized by the Corporation or the Farm Credit Administration, for which a conservator is appointed either—

added “(I) immediately upon the organization of the System institution; or

added “(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.

added “(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—

added “(A) disaffirm or repudiate all qualified financial contracts between—

added “(i) any person or any affiliate of such person; and

added “(ii) the System institution in default; or

added “(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).

added “(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.

added “(13) Authority to enforce contracts

added “(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.

added “(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.

added “(C) Consent requirement

added “(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.

added “(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.

added “(14) Exception for Federal reserve and the United States treasury—No provision of this subsection shall apply with respect to—

added “(A) any extension of credit from any Federal Reserve bank or the United States Treasury to any System institution; or

added “(B) any security interest in the assets of the System institution securing any such extension of credit.

added “(15) Savings clause—The meanings of terms used in this subsection—

added “(A) are applicable for purposes of this subsection only; and

added “(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—

added “(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 note; Public Law 106–102);

added “(ii) the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27 et seq.);

added “(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

added “(iv) the Commodity Exchange Act (7 U.S.C. 1 et seq.).

added “(d) Valuation of claims in default

added “(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.

added “(2) Maximum liability—The maximum liability of the Corporation, acting as receiver or in any other capacity, to any person having a claim against the receiver or the System institution for which such receiver is appointed shall equal the amount such claimant would have received if the Corporation had liquidated the assets and liabilities of such System institution without exercising the Corporation's authority under subsection (h) or section 5.61(a).

added “(3) Additional payments authorized

added “(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.

added “(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.

added “(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.

added “(f) Liability of directors and officers

added “(1) In general—A director or officer of a System institution may be held personally liable for monetary damages in any civil action—

added “(A) brought by, on behalf of, or at the request or direction of the Corporation;

added “(B) prosecuted wholly or partially for the benefit of the Corporation—

added “(i) acting as conservator or receiver of that System institution;

added “(ii) acting based on a suit, claim, or cause of action purchased from, assigned by, or otherwise conveyed by that receiver or conservator; or

added “(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

added “(C) for, as determined under the applicable State law—

added “(i) gross negligence; or

added “(ii) any similar conduct, including conduct that demonstrates a greater disregard of a duty of care than gross negligence, such as intentional tortious conduct.

added “(2) Effect—Nothing in paragraph (1) impairs or affects any right of the Corporation under any other applicable law.

added “(g) Damages—In any proceeding related to any claim against a System institution's director, officer, employee, agent, attorney, accountant, appraiser, or any other party employed by or providing services to a System institution, recoverable damages determined to result from the improvident or otherwise improper use or investment of any System institution's assets shall include principal losses and appropriate interest.

added “(h) Bridge farm credit system banks

added “(1) Organization

added “(A) Purpose

added “(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”.

added “(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—

added “(I) continue to honor commitments made by the System bank in default to creditworthy customers; and

added “(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.

added “(B) Authorities—Once chartered by the Farm Credit Administration, the bridge System bank may—

added “(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;

added “(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

added “(iii) perform any other temporary function which the Corporation may, in its discretion, prescribe in accordance with this Act.

added “(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.

added “(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.

added “(2) Chartering

added “(A) Conditions—The Farm Credit Administration may charter a bridge System bank only if the Board of Directors determines that—

added “(i) the amount which is reasonably necessary to operate such bridge System bank will not exceed the amount which is reasonably necessary to save the cost of liquidating 1 or more System banks in default or in danger of default with respect to which the bridge System bank is chartered;

added “(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

added “(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.

added “(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.

added “(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.

added “(D) Bylaws—The board of directors of a bridge System bank shall adopt such bylaws as may be approved by the Corporation.

added “(3) Transfer of assets and liabilities

added “(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).

added “(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).

added “(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.

added “(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—

added “(A) the Corporation may—

added “(i) remove the interim directors and directors of a bridge System bank;

added “(ii) fix the compensation of members of the interim board of directors and the board of directors and senior management, as determined by the Corporation in its discretion, of a bridge System bank; and

added “(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;

added “(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;

added “(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;

added “(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;

added “(E)

added “(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

added “(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;

added “(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;

added “(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;

added “(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—

added “(i) is in writing;

added “(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;

added “(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

added “(iv) has been, continuously from the time of its execution, an official record of such System bank in default;

added “(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

added “(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.

added “(5) Capital

added “(A) No capital required—The Corporation shall not be required to—

added “(i) issue any capital stock on behalf of a bridge System bank chartered under this subsection; or

added “(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.

added “(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.

added “(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.

added “(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—

added “(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

added “(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.

added “(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.

added “(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.

added “(9) Termination of bridge system banks status—The status of any bridge System bank as such shall terminate upon the earliest of—

added “(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;

added “(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;

added “(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

added “(D) the expiration of the period provided in paragraph (8), or the earlier dissolution of the bridge System bank as provided in paragraph (11).

added “(10) Effect of termination events

added “(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.

added “(B) Charter conversion—Following the sale of a majority or all of the capital stock of the bridge System bank as provided in paragraph (9)(B), the Farm Credit Administration Board may amend the charter of the bridge System bank to reflect the termination of the status of the bridge System bank as such, whereupon the System bank shall remain a System bank, with all of the rights, powers, and privileges thereof, subject to all laws and regulations applicable thereto.

added “(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).

added “(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.

added “(11) Dissolution of bridge system bank

added “(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)—

added “(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

added “(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).

added “(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.

added “(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.

added “(i) Certain sales of assets prohibited

added “(1) Persons who engaged in improper conduct with, or caused losses to, system institutions—The Corporation shall prescribe regulations which, at a minimum, shall prohibit the sale of assets of a failed System institution by the Corporation to—

added “(A) any person who—

added “(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;

added “(ii) has been found to have engaged in fraudulent activity in connection with any obligation referred to in clause (i); and

added “(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;

added “(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;

added “(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;

added “(D) any person who has demonstrated a pattern or practice of defalcation regarding obligations to such failed System institution; or

added “(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.

added “(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.

added “(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—

added “(A) 1 or more claims that have been, or could have been, asserted by the Corporation against the person; or

added “(B) obligations owed by the person to any System institution, or the Corporation.

added “(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.

added “(j) Expedited procedures for certain claims

added “(1) Time for filing notice of appeal—The notice of appeal of any order, whether interlocutory or final, entered in any case brought by the Corporation against a System institution's director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to a System institution shall be filed not later than 30 days after the date of entry of the order. The hearing of the appeal shall be held not later than 120 days after the date of the notice of appeal. The appeal shall be decided not later than 180 days after the date of the notice of appeal.

added “(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.

added “(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.

added “(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.

added “(l) Consultation regarding conservatorships and receiverships—To the extent practicable—

added “(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

added “(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.

added “(m) Applicability—This section shall become applicable with respect to the power of the Corporation to act as a conservator or receiver on the date on which the Farm Credit Administration appoints the Corporation as a conservator or receiver under section 4.12 or 8.41.”

Sec. 5413 Reporting

added
(a)
added Definition of farm loan— In this section, the term “farm loan” means—
(1)
added a farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); and
(2)
added an operating loan under subtitle B of that Act (7 U.S.C. 1941 et seq.).
(b)
added Reports—
(1)
added Preparation— For each fiscal year, the Secretary shall prepare a report that includes—
(A)
added 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)
added the age of the recipient producer;
(ii)
added the duration that the recipient producer has engaged in agricultural production;
(iii)
added the size of the farm or ranch of the recipient producer;
(iv)
added the race, ethnicity, and gender of the recipient producer;
(v)
added the agricultural commodity or commodities, or type of enterprise, for which the loan was secured;
(vi)
added the amount of the farm loan made or guaranteed;
(vii)
added the type of the farm loan made or guaranteed; and
(viii)
added the default rate of the farm loan made or guaranteed;
(B)
added 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)
added 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)
added Submission of report— The report described in paragraph (1) shall be—
(A)
added submitted—
(i)
added to—
(I)
added the Committee on Agriculture of the House of Representatives;
(II)
added the Committee on Appropriations of the House of Representatives;
(III)
added the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(IV)
added the Committee on Appropriations of the Senate; and
(ii)
added not later than December 30, 2019, and annually thereafter; and
(B)
added made publicly available not later than 90 days after the date described in subparagraph (A)(ii).
(c)
added Comprehensive review—
(1)
added In general— Not later than 4 years after the date of enactment of this Act (and every 5 years thereafter), the Secretary shall—
(A)
added prepare a comprehensive review of all reports submitted under subsection (b)(2);
(B)
added 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)
added 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)
added Submission of comprehensive review— The comprehensive review described in paragraph (1) shall be—
(A)
added submitted to—
(i)
added the Committee on Agriculture of the House of Representatives;
(ii)
added the Committee on Appropriations of the House of Representatives;
(iii)
added the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(iv)
added the Committee on Appropriations of the Senate; and
(B)
added made publicly available not later than 90 days after the date of submission under subparagraph (A).
(d)
added 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

added
(a)
added Study— The Farm Credit Administration shall conduct a study that—
(1)
added 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)
added 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)
added 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

added
(a)
added In general— The Comptroller General of the United States shall—
(1)
added study the agricultural credit needs of farms, ranches, and related agricultural businesses that are owned or operated by—
(A)
added Indian tribes on tribal lands; or
(B)
added enrolled members of Indian tribes on Indian allotments; and
(2)
added determine whether the institutions of the Farm Credit System have sufficient authority and resources to meet the needs.
(b)
added 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)
added Report to the Congress— Within 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committees on Agriculture and on Natural Resources of the House of Representatives a written report that contains the findings of the study conducted under subsection (a). If the Comptroller General finds that the institutions of the Farm Credit System do not have sufficient authority or resources to meet the needs referred to in subsection (a), the report shall include such legislative and other recommendations as the Comptroller General determines would result in a system under which the needs are met in an equitable and effective manner.

Sec. 5416 GAO report on credit service to socially disadvantaged farmers and ranchers

added
(a)
added Definitions— In this section:
(1)
added Agricultural credit provider— The term “agricultural credit provider” means—
(A)
added a Farm Credit System institution;
(B)
added a commercial bank;
(C)
added the Federal Agricultural Mortgage Corporation;
(D)
added a life insurance company; and
(E)
added any other individual or entity, as determined by the Comptroller General of the United States.
(2)
added 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)
added Study— The Comptroller General of the United States shall—
(1)
added conduct a study—
(A)
added to assess the credit and related services provided by agricultural credit providers to socially disadvantaged farmers and ranchers;
(B)
added to review the overall participation of socially disadvantaged farmers and ranchers in the services described in subparagraph (A); and
(C)
added to identify barriers that limit the availability of agricultural credit to socially disadvantaged farmers and ranchers; and
(2)
added 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)
added 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).

Sec. 6101 Combating substance use disorder in rural America; prioritizations

(a)
added Combating substance use disorder in rural America—
(1)
added Prioritizations— The Secretary shall make the following prioritizations and set asides for fiscal years 2019 through 2025:
(A)
added Distance learning and telemedicine—
(i)
added 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)
added 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)
added Community facilities direct loans and grants—
(i)
added 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)
added to develop facilities to provide substance use disorder (including opioid substance use disorder)—
(aa)
added prevention services;
(bb)
added treatment services;
(cc)
added recovery services; or
(dd)
added any combination of those services; and
(II)
added that employ staff that have appropriate expertise and training in how to identify and treat individuals with substance use disorders.
(ii)
added 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)
added 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.
(a)
removed In general— Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
(2)
changed Limitation on other reprioritizations— in subsection (d)(1)(A), by striking clause (i) For fiscal years 2019 through 2025, the Secretary shall not make any national reprioritizations within the Rural Health and inserting Safety Education Programs, the following:Community Facilities direct loan and grant programs, or the Distance Learning and Telemedicine programs under section 608 of the Rural Development Act of 1972.

removed “(i) demonstrate the ability to furnish or improve service in order to meet the broadband service standards established under subsection (e)(1) in all or part of an unserved or underserved rural area;”

(3)
changed Technical amendments— in subsection (e)—Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.) is amended—
(A)
removed by striking paragraphs (1) and (2) and inserting the following:

removed “(1) In general—Subject to paragraph (2), for purposes of this section, the Secretary shall establish broadband service standards for rural areas which provide for—

removed “(A) a minimum acceptable standard of service that requires the speed to be at least 25 megabits per second downstream transmission capacity and 3 megabits per second upstream transmission capacity; and

removed “(B) projections of minimum acceptable standards of service for 5, 10, 15, 20, and 30 years into the future.

removed “(2) Adjustments

removed “(A) In general—At least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the broadband service standards in effect under paragraph (1) to encourage the delivery of high quality, cost-effective broadband service in rural areas.

removed “(B) Considerations—In establishing and adjusting the broadband service standards in effect under paragraph (1), the Secretary shall consider—

removed “(i) the broadband service needs of rural families and businesses;

removed “(ii) broadband service available to urban and suburban areas;

removed “(iii) future technology needs of rural residents;

removed “(iv) advances in broadband technology; and

removed “(v) other relevant factors as determined by the Secretary.”

(A)
changed by adding at in section 502, in the end matter preceding subsection (a), by inserting “(referred to in this title as the following:“Secretary”)” after “Agriculture”; and
(B)
added by striking “Secretary of Agriculture” each place it appears (other than in section 502 in the matter preceding subsection (a)) and inserting “Secretary”.

removed “(4) Agreement—The Secretary shall not provide a loan or loan guarantee under this section for a project unless the Secretary determines, at the time the agreement to provide the loan or loan guarantee is entered into, that, at any time while the loan or loan guarantee is outstanding, the project will be capable of providing broadband service at not less than the minimum acceptable standard of service established under paragraph (1)(B) for that time.

removed “(5) Substitute service standards for unique service territories—If an applicant shows that it would be cost prohibitive to meet the minimum acceptable level of broadband service established under paragraph (1)(B) 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 matters described in paragraph (2)(B) and reflect the best technology available to meet the needs of the residents in the unserved area.”

(3)
removed in subsection (g)—
(A)
removed in paragraph (2)(A), by striking “level of broadband service established under subsection (e)” and inserting “standard of service established under subsection (e)(1)(A)”; and
(B)
removed by adding at the end the following:

removed “(4) Minimum standards—To the extent possible, the terms and conditions under which a loan or loan guarantee is provided to an applicant for a project shall require that, at any time while the loan or loan guarantee is outstanding, the broadband network provided by the project will meet the lower of—

removed “(A) the minimum acceptable standard of service projected under subsection (e)(1)(B) for that time, as agreed to by the applicant at the time the loan or loan guarantee is provided; or

removed “(B) the minimum acceptable standard of service in effect under subsection (e)(1)(A) for that time.”

(b)
changed Report to Congress—Temporary prioritization of rural health assistance— Within 12 months after the date of the enactment of this Act, the Administrator Title VI of the Rural Utilities Service (in this subsection referred to as the “RUS”) shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry Development Act of the Senate a written report on 1972 (7 U.S.C. 2204a–2204b) is amended by adding at the effectiveness of RUS loan and loan guarantee programs for end the purpose of expanding broadband to rural areas (as defined in RUS regulations), which shall—following:

added “608. Temporary prioritization of rural health assistance

added “(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.

added “(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.

added “(c) Content of announcement—In the announcement, the Secretary shall—

added “(1) describe the nature of the public health disruption, including the causes, effects, affected populations, and affected States;

added “(2) explain how the programs of the Department of Agriculture will work in remedying the public health disruption;

added “(3) identify the services, treatments, or infrastructure best suited to address the public health disruption;

added “(4) establish—

added “(A) the start and end dates of the reprioritization;

added “(B) the programs subject to reprioritization and the modifications to the application process;

added “(C) the process for making reprioritizations for applicable programs;

added “(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

added “(E) the region in which the reprioritization is in effect; and

added “(5) instruct program administrators to implement the reprioritization during the application window or announcement after the announcement takes effect.

added “(d) Limitations on reprioritizations—When announcing the reprioritization, the Secretary shall—

added “(1) establish an initial total time period of less than 4 years, except as provided for in subsection (e);

added “(2) implement only 1 nationally applicable reprioritization at a time;

added “(3) implement only 1 regionally applicable reprioritization per State at a time; and

added “(4) not use reprioritizations to allocate additional funds to an affected State.

added “(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).

added “(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.

added “(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.”

(1)
removed identify administrative and legislative options for incentivizing private investment by utilizing RUS loan guarantee programs for the purpose of expanding broadband to rural areas;
(2)
removed evaluate the existing borrower and lending guidelines for RUS loan and loan guarantee applicants to incentivize participation in both programs;
(3)
removed evaluate the loan and loan guarantee application processes for lenders and borrowers by eliminating burdensome and unnecessary steps in the application process and providing a more streamlined process to decrease the complexity of the application and the timeline from application to approval or denial;
(4)
removed identify opportunities to provide technical assistance and pre-development planning activities to assist rural counties and communities to assess current and future broadband needs; and
(5)
removed identify and evaluate emerging technologies, including next-generation satellite technologies, and ways to leverage the technologies to provide high-speed, low-latency internet connectivity to rural areas.

Sec. 6102 Distance learning and telemedicine

(a)
added 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)
added Conforming amendment— Section 1(b) of Public Law 102–551 (7 U.S.C. 950aaa note) is amended by striking “2018” and inserting “2023”.

removed Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended by adding at the end the following:

removed “604. Incentives for hard to reach communities

removed “(a) Definitions—In this section:

removed “(1) Associated loan—The term associated loan means a loan or loan guarantee to finance all or part of a project under title I or II or this title for which an application has been submitted under such title and for which an application has also been submitted for a grant under this section.

removed “(2) Density

removed “(A) In general—The term density means service points per road-mile.

removed “(B) Method of calculation—The Secretary shall further define, by rule, a method for calculating service points per road-mile, where appropriate by geography, which—

removed “(i) divides the total number of service points by the total number of road-miles in a proposed service territory;

removed “(ii) requires an applicant to count all potential service points in a proposed service territory; and

removed “(iii) includes any other requirements the Secretary deems necessary to protect the integrity of the program.

removed “(3) Eligible project—The term eligible project means any project for which the applicant—

removed “(A) has submitted an application for an associated loan;

removed “(B) does not receive any other broadband grant administered by the Rural Utilities Service; and

removed “(C) proposes to—

removed “(i) offer retail broadband service to rural households;

removed “(ii) serve an area with a density of less than 12;

removed “(iii) provide service that meets the standard that would apply under section 601(e)(4) if the associated loan had been applied for under section 601;

removed “(iv) provide service in an area where no incumbent provider delivers fixed terrestrial broadband service at or above the minimum broadband speed described in section 601(e)(1); and

removed “(v) provide service in an area where no eligible borrower, other than the applicant, has outstanding Rural Utilities Service telecommunications debt or is subject to a current Rural Utilities Service telecommunications grant agreement.

removed “(4) Service point—The term service point means a home, business, or institution in a proposed service area.

removed “(5) Road-mile—The term road-mile means a mile of road in a proposed service area.

removed “(b) Establishment of grant program—The Secretary shall establish a competitive grant program to provide applicants funds to carry out eligible projects for the purposes of construction, improvement, or acquisition of facilities for the provision of broadband service in rural areas.

removed “(c) Applications—The Secretary shall establish an application process for grants under this section that—

removed “(1) has 1 application window per year;

removed “(2) permits a single application for the grant and the associated loan; and

removed “(3) provides a single decision to award the grant and the associated loan.

removed “(d) Priority—In making grants under this section, the Secretary shall prioritize applications in which the applicant proposes to—

removed “(1) provide the highest quality of service as measured by—

removed “(A) network speed;

removed “(B) network latency; and

removed “(C) data allowances;

removed “(2) serve the greatest number of service points; and

removed “(3) use the greatest proportion of non-Federal dollars.

removed “(e) Amount—The Secretary shall make each grant under this section in an amount that is—

removed “(1) not greater than 75 percent of the total project cost with respect to an area with a density of less than 4;

removed “(2) not greater than 50 percent of the total project cost with respect to an area with a density of 4 or more and not more than 9; and

removed “(3) not greater than 25 percent of the total project cost with respect to an area with a density of more than 9 and not more than 12.

removed “(f) Terms and conditions—With respect to a grant provided under this section, the Secretary shall require that—

removed “(1) the associated loan is secured by the assets purchased with funding from the grant and from the loan;

removed “(2) the agreement in which the terms of the grant are established is for a period equal to the duration of the associated loan; and

removed “(3) at any time at which the associated loan is outstanding, the broadband service provided by the project will meet the lower of the standards that would apply under section 601(g)(4) if the associated loan had been made under section 601.

removed “(g) Payment assistance for certain applicants under this title

removed “(1) In general—As part of the grant program under this section, the Secretary, at the sole discretion of the Secretary, may provide to applicants who are eligible borrowers under this title and not eligible borrowers under title I or II all or a portion of the grant funds in the form of payment assistance.

removed “(2) Payment assistance—The Secretary may provide payment assistance under paragraph (1) by reducing a borrower’s interest rate or periodic principal payments or both.

removed “(3) Agreement on milestones and objectives—With respect to payment assistance provided under paragraph (1), before entering into the agreement for the grant and associated loan under which the payment assistance will be provided, the applicant and the Secretary shall agree to milestones and objectives of the project.

removed “(4) Condition—The Secretary shall condition any payment assistance provided under paragraph (1) on—

removed “(A) the applicant fulfilling the terms and conditions of the grant agreement under which the payment assistance will be provided; and

removed “(B) completion of the milestones and objectives agreed to under paragraph (3).

removed “(5) Amendment of milestones and objectives—The Secretary and the applicant may jointly agree to amend the milestones and objectives agreed to under paragraph (3).

removed “(h) Existing projects—The Secretary may not provide a grant under this section to an applicant for a project that was commenced before the date of the enactment of this section.

removed “(i) Authorization of appropriations—There are authorized to be appropriated to carry out this section $350,000,000 for each of fiscal years 2019 to 2023.”

Sec. 6103 Refinancing of certain rural hospital debt

changed Section 601(c)(1) Subtitle D of the Consolidated Farm and Rural Electrification Development Act of 1936 (7 U.S.C. 950bb(c)(1)) 1981 et seq.) is amended by striking “shall make or guarantee loans” and inserting “shall make loans and shall guarantee loans”.after section 341 the following:

added “342. Refinancing of certain rural hospital debt

added “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.”

Sec. 6104 Smart utility authority for broadband

removed
(a)
removed Section 331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is amended by adding at the end the following:

removed “(e)

removed “(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—

removed “(A) for any activity for which assistance may be provided under section 601 of the Rural Electrification Act of 1936; or

removed “(B) to construct other broadband infrastructure.

removed “(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.”

(b)
removed Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901–918a) is amended by inserting after section 7 the following:

removed “8. Limitations on use of assistance

removed “(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.

removed “(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).

removed “(c) Nothing in this section shall be construed to limit the ability of any borrower to finance or deploy services authorized under this title.”

Sec. 6105 Modifications to the Rural Gigabit Program

removed

removed Section 603 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–2) is amended—

(1)
removed in the section heading, by striking “Rural Gigabit Network Pilot” and inserting “Innovative Broadband Advancement”;
(2)
removed in subsection (d), by striking “2014 through 2018” and inserting “2019 through 2023”;
(3)
removed by redesignating subsection (d) as subsection (e); and
(4)
removed by striking subsections (a) through (c) and inserting the following:

removed “(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.

removed “(b) Rural area—In this section, the term rural area has the meaning provided in section 601(b)(3).

removed “(c) Eligibility—To be eligible to obtain assistance under this section for a project, an entity shall—

removed “(1) submit to the Secretary an application—

removed “(A) that describes a project designed to decrease the cost of broadband deployment, and substantially increase broadband speed to not less than the 20-year broadband speed established by the Rural Utilities Service under this title, in a rural area to be served by the project; and

removed “(B) at such time, in such manner, and containing such other information as the Secretary may require;

removed “(2) demonstrate that the entity is able to carry out the project; and

removed “(3) agree to complete the project build-out within 5 years after the date the assistance is first provided for the project.

removed “(d) Prioritization—In awarding assistance under this section, the Secretary shall give priority to proposals for projects that—

removed “(1) involve partnerships between or among multiple entities;

removed “(2) would provide broadband service to the greatest number of rural residents at or above the minimum broadband speed referred to in subsection (c)(1)(A); and

removed “(3) the Secretary determines could be replicated in rural areas described in paragraph (2).”

Sec. 6106 Unified broadband reporting requirements

removed

removed Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—

(1)
removed in subsection (j)—
(A)
removed in the matter preceding paragraph (1), by striking “Not later than” and all that follows through “section” and inserting “Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the broadband loan, loan guarantee, and grant programs administered by the Secretary”;
(B)
removed in paragraph (1), by striking “loans applied for and provided under this section” and inserting “loans, loan guarantees, and grants applied for and provided under the programs”;
(C)
removed in paragraph (2)—
(i)
removed in subparagraph (A), by striking “loan”; and
(ii)
removed in subparagraph (B), by striking “loans and loan guarantees provided under this section” and inserting “loans, loan guarantees, and grants provided under the programs”;
(D)
removed in paragraph (3), by striking “loan application under this section” and inserting “application under the programs”;
(E)
removed in each of paragraphs (4) and (6), by striking “this section” and inserting “the programs”; and
(F)
removed in paragraph (5)—
(i)
removed by striking “service” and inserting “technology”; and
(ii)
removed by striking “(b)(1)” and inserting “(e)(1)”; and
(2)
removed in subsection (k)(2), in each of subparagraphs (A)(i) and (C), by striking “loans” and inserting “grants, loans,”.

Sec. 6107 Improving access by providing certainty to broadband borrowers

removed
(a)
removed Telephone loan program— Title II of the Rural Electrification Act of 1936 (7 U.S.C. 922–928) is amended by adding at the end the following:

removed “208. Authority to obligate, but not disburse, funds before the completion of reviews

removed “(a) In general—The Secretary may obligate, but shall not disburse, funds under this title for a project before the completion of any otherwise required environmental, historical, or other review of the project.

removed “(b) Authority to deobligate funds—The Secretary may deobligate funds under this title for a project if any such review will not be completed within a reasonable period of time.”

(b)
removed Rural broadband program— Section 601(d) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by adding at the end the following:

removed “(11) Authority to obligate, but not disburse, funds before completion of reviews; authority to deobligate funds—The Secretary may obligate, but shall not disburse, funds under this section for a project before the completion of any otherwise required environmental, historical, or other review of the project. The Secretary may deobligate funds under this section for a project if any such review will not be completed within a reasonable period of time.”

Sec. 6108 Simplified application window

removed

removed Section 601(c)(2)(A) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)(2)(A)) is amended by striking “not less than 2 evaluation periods” and inserting “1 evaluation period”.

Sec. 6109 Elimination of requirement to give priority to certain applicants

removed

removed Section 601(c)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)(2)) is amended—

(1)
removed by striking “; and” at the end of subparagraph (C) and inserting a period; and
(2)
removed by striking subparagraph (D).

Sec. 6110 Modification of buildout requirement

removed

removed Section 601(d)(1)(A)(iii) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)(1)(A)(iii)) is amended—

(1)
removed by striking “service” and inserting “infrastructure”; and
(2)
removed by striking “3” and inserting “5”.

Sec. 6111 Improving borrower refinancing options

removed
(a)
removed Refinancing of broadband loans— Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended by inserting “including indebtedness on a loan made under section 601” after “furnishing telephone service in rural areas”.
(b)
removed Refinancing of other loans— Section 601(i) of such Act (7 U.S.C. 950bb(i)) is amended by inserting “, or on any other loan if the purpose for which such other loan was made is a telecommunications purpose for which assistance may be provided under this Act,” before “if the use of”.

Sec. 6112 Elimination of unnecessary reporting requirements

removed

removed Section 601(d)(8)(A)(ii) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)(8)(A)(ii)) is amended—

(1)
removed in subclause (I), by striking “and location”; and
(2)
removed in subclause (IV), by striking “any changes in broadband service adoption rates, including”.

Sec. 6113 Access to broadband telecommunications services in rural areas

removed

removed Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—

(1)
removed in subsection (k), by striking paragraph (1) and inserting the following:

removed “(1) Limitations on authorization of appropriations—For loans and loan guarantees under this section, there is authorized to be appropriated to the Secretary $150,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.”

(2)
removed in subsection (l), by striking “2018” and inserting “2023”.

Sec. 6114 Middle mile broadband infrastructure

removed

removed Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—

(1)
removed in subsection (a), by inserting “or middle mile infrastructure” before “in rural areas”;
(2)
removed in subsection (b), by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and inserting after paragraph (1) the following:

removed “(2) Middle mile infrastructure—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.”

(3)
removed in subsection (c)—
(A)
removed in paragraph (1), by inserting “and to construct, improve, or acquire middle mile infrastructure” before “in rural areas”;
(B)
removed in paragraph (2)(B), by inserting “, or in the case of middle mile infrastructure, offer the future ability to link,” before “the greatest proportion”; and
(C)
removed by adding at the end the following:

removed “(3) Limitation on middle mile infrastructure projects—The Secretary shall limit loans or loan guarantees for middle mile infrastructure projects to no more than 20 percent of the amounts made available to carry out this section.”

(4)
removed in subsection (d)—
(A)
removed in paragraph (1)(A)—
(i)
removed in clause (i) (as amended by section 6101(1) of this Act), by inserting “or extend middle mile infrastructure” before “in all”; and
(ii)
removed in clause (iii), by inserting “or middle mile infrastructure” before “described”;
(B)
removed in paragraph (2)—
(i)
removed in subparagraph (B), by inserting “or install middle mile infrastructure” before “in the proposed”;
(ii)
removed in subparagraph (C), by striking clause (ii) and inserting the following:

removed “(ii) Exception—Clause (i) shall not apply with respect to a project if the project is eligible for funding under another title of this Act.”

(iii)
removed by adding at the end the following:

removed “(D) Exception for middle mile infrastructure—Portions of a middle mile infrastructure project that ultimately meet the rural service requirements of this section may traverse an area not described in subsection (b)(4) when necessary.”

(C)
removed in paragraph (4), by inserting “, or construct, improve, or acquire middle mile infrastructure in,” before “a rural area”;
(D)
removed in paragraph (5)(A)(v), by inserting “or, in the case of middle mile infrastructure, connect” before the semicolon; and
(E)
removed in paragraph (8)(A)(ii)—
(i)
removed in subclause (I), by inserting “or may” before “receive”;
(ii)
removed in subclause (II), by inserting “or capability of middle mile infrastructure” before the semicolon; and
(iii)
removed in subclause (III), by inserting “, if applicable” before the semicolon;
(5)
removed in subsection (i)—
(A)
removed in the subsection heading, by inserting “or middle mile infrastructure” after “service”; and
(B)
removed by inserting “or middle mile infrastructure” before “in rural areas”; and
(6)
removed in subsection (j)(6), by inserting “or middle mile infrastructure” after “service” the 1st and 3rd places it appears.

Sec. 6115 Outdated broadband systems

removed

removed 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:

removed “605. Outdated broadband systems

removed “Beginning October 1, 2020, the Secretary shall consider any portion of a service territory subject to an outstanding grant agreement between the Secretary and a broadband provider in which broadband service is not provided at at least 10 megabits per second download and at least 1 megabit per second upload as unserved for the purposes of all broadband loan programs under this Act, unless the broadband provider has constructed or begun to construct broadband facilities in the service territory that meet the minimum acceptable standard of service established under section 601(e)(1) for the area in which the service territory is located.”

Sec. 6116 Federal broadband program coordination

removed
(a)
removed 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)
removed Consultation between USDA and FCC—
(1)
removed By USDA— The Secretary shall consult with the Commission before making a broadband loan or grant 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)
removed By FCC— The Commission shall consult with the Secretary before offering or providing Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) to serve an area with respect to which another entity has received an award under a broadband loan or grant program of the Department of Agriculture.
(c)
removed 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)
removed 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)
removed 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)
removed 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)
removed The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and industrial purposes in rural areas.
(C)
removed The cost to deploy and support such technologies in several rural geographies.
(D)
removed The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth.
(3)
removed Identify and quantify the availability of broadband service and ongoing broadband deployment in rural areas, including ways to do the following:
(A)
removed Harmonize broadband notification and reporting requirements and develop common verification procedures across all federally supported broadband programs.
(B)
removed Consolidate and utilize the existing broadband service data.
(C)
removed 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)
removed support under a broadband loan or grant program of the Department of Agriculture; or
(ii)
removed 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)
removed Leverage support technologies and services from online platforms for providers of broadband service in rural areas.
(d)
removed Definitions— In this section:
(1)
removed Assistant Secretary— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(2)
removed Commission— The term “Commission” means the Federal Communications Commission.
(3)
removed 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. 6117 Effective date

removed
(a)
removed In general— The amendments made by this subtitle shall not take effect until the Secretary of Agriculture has issued final regulations to implement the amendments.
(b)
removed Deadline for issuing regulations— Within 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall prescribe final regulations to implement the amendments made by sections 6101 and 6102.

Sec. 6201 Access to broadband telecommunications services in rural areas

changed Section 379H 601 of the Consolidated Farm and Rural Development Electrification Act of 1936 (7 U.S.C. 2008v) 950bb) is amended to read as follows:amended—

(1)
added in subsection (a), by striking “provide loans and loan guarantees” and inserting “provide grants, provide loans, and provide loan guarantees”;
(2)
added in subsection (b)(3)(A)(ii), by inserting “in the case of a grant or direct loan,” before “a city”;
(3)
added in subsection (c)—
(A)
added in the subsection heading, by striking “Loans and” and inserting “Grants, loans, and”;
(B)
added in paragraph (1), by striking “shall make or guarantee loans” and inserting “shall make grants, shall make loans, and shall guarantee loans”;
(C)
added by striking paragraph (2) and inserting the following:

added “(2) Priority

added “(A) In general—In making grants, making loans, and guaranteeing loans under paragraph (1), the Secretary shall—

added “(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—

added “(I) a 10-Mbps downstream transmission capacity; and

added “(II) a 1-Mbps upstream transmission capacity;

added “(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;

added “(iii) provide equal consideration to all eligible entities, including those that have not previously received grants, loans, or loan guarantees under paragraph (1); and

added “(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.

added “(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—

added “(i) for projects to provide broadband service to rural communities—

added “(I) with a population of less than 10,000 permanent residents;

added “(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;

added “(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));

added “(IV) that are isolated from other significant population centers; or

added “(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

added “(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—

added “(I) State, local, and tribal governments;

added “(II) nonprofit institutions;

added “(III) community anchor institutions, such as—

added “(aa) public libraries;

added “(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));

added “(cc) institutions of higher education; and

added “(dd) health care facilities;

added “(IV) private entities;

added “(V) philanthropic organizations; and

added “(VI) cooperatives.

added “(3) Grant amounts

added “(A) Definition of development costs—In this paragraph, the term development costs means costs of—

added “(i) construction, including labor and materials;

added “(ii) project applications; and

added “(iii) other development activities, as determined by the Secretary.

added “(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—

added “(i) be carried out in a proposed service territory in which not less than 90 percent of the households are unserved; and

added “(ii) not concurrently receive any other broadband grant administered by the Rural Utilities Service.

added “(C) Maximum—Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed—

added “(i) 75 percent of the total project cost with respect to an area with a density of fewer than 7 people per square mile;

added “(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

added “(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.

added “(D) Secretarial authority to adjust—The Secretary may—

added “(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—

added “(I) an area of rural households described in paragraph (2)(A)(i); or

added “(II) a rural community described in any of subclauses (I) through (IV) of paragraph (2)(B)(i); and

added “(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.

added “(E) Applications—The Secretary shall establish an application process for grants under this section that—

added “(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

added “(ii) provides a single decision to award such grant and such loan.

added “(F) Density determinations—When determining population density under this section, the Secretary shall prescribe a calculation method which—

added “(i) utilizes publicly available data; and

added “(ii) includes only those areas in which the applicant is able to meet the service requirements under this section, as determined by the Secretary.

added “(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)
added in subsection (d)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A)—
(I)
added in the matter preceding clause (i), by striking “loan or” and inserting “grant, loan, or”;
(II)
added by striking clause (i) and inserting the following:

added “(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)
added in clause (ii), by striking “a loan application” and inserting “an application”; and
(IV)
added in clause (iii)—
(aa)
added by striking “service” and inserting “infrastructure”;
(bb)
added by striking “loan” the first place it appears;
(cc)
added by striking “3” and inserting “5”; and
(dd)
added by striking “proceeds from the loan made or guaranteed under this section are” and inserting “assistance under this section is”; and
(ii)
added in subparagraph (B), by striking “(k)” and inserting “(j)”; and
(B)
added in paragraph (2)(A)—
(i)
added in the matter preceding clause (i)—
(I)
added by striking “the proceeds of a loan made or guaranteed” and inserting “assistance”; and
(II)
added by striking “for the loan or loan guarantee” and inserting “of the eligible entity”; and
(ii)
added in clause (i)—
(I)
added 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)
added by striking “level of broadband service” and inserting “level of fixed broadband service, whether terrestrial or wireless,”;
(C)
added in paragraph (3)(A), by striking “loan or” and inserting “grant, loan, or”;
(D)
added in paragraph (4), by striking “a loan or loan guarantee” and inserting “assistance”; and
(E)
added by striking paragraphs (5) through (10) and inserting the following:

added “(5) Technical assistance and training

added “(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—

added “(i) to prepare reports and surveys necessary to request grants, loans, and loan guarantees under this section for broadband deployment;

added “(ii) to improve management, including financial management, relating to the proposed broadband deployment;

added “(iii) to prepare applications for grants, loans, and loan guarantees under this section; or

added “(iv) to assist with other areas of need identified by the Secretary.

added “(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)
added in subsection (e)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A), by striking “4-Mbps” and inserting “25-Mbps”; and
(ii)
added in subparagraph (B), by striking “1-Mbps” and inserting “3-Mbps”;
(B)
added in paragraph (2)—
(i)
added by—
(I)
added striking the following:

added “(2) Adjustments

added “(A) In general—At”

(II)
added inserting the following:

added “(2) Adjustments—At”

(ii)
added by inserting “and broadband buildout requirements under paragraph (4)” after “(1)”; and
(iii)
added by striking subparagraph (B); and
(C)
added by adding at the end the following:

added “(4) Broadband buildout requirements

added “(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.

added “(B) Broadband buildout requirements further defined—Subject to subparagraph (C), the Secretary shall establish broadband buildout requirements for projects with agreement lengths of—

added “(i) 5 to 10 years;

added “(ii) 11 to 15 years;

added “(iii) 16 to 20 years; and

added “(iv) more than 20 years.

added “(C) Requirements—In establishing the broadband buildout requirements under subparagraph (B), the Secretary shall—

added “(i) utilize the same metrics used to define the minimum acceptable level of broadband service under paragraph (1);

added “(ii) establish such requirements to reasonably ensure—

added “(I) the repayment of all loans and loan guarantees; and

added “(II) the financed network is technically capable of providing broadband service for the lifetime of any project-related agreement.

added “(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)
added in subsection (f), by striking “make a loan or loan guarantee” and inserting “provide assistance”;
(7)
added in subsection (g), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
(8)
added by striking subsections (i) and (j) and inserting the following:

added “(i) Payment assistance for certain loan and grant recipients

added “(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).

added “(2) Payment assistance—When providing a grant under this title, the Secretary, at the sole discretion of the Secretary, may make—

added “(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

added “(B) a payment assistance loan, which shall—

added “(i) require no interest and principal payments while the borrower is—

added “(I) in material compliance with the loan agreement; and

added “(II) meeting the milestones and objectives of the project agreed to under paragraph (3); and

added “(ii) require such nominal periodic payments as the Secretary determines to be appropriate.

added “(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.

added “(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).

added “(5) Considerations—When deciding to utilize the payment assistance authority under paragraph (2) the Secretary shall consider whether or not the payment assistance will—

added “(A) improve the compliance of the grantee with any commitments made through the grant agreement;

added “(B) promote the completion of the broadband project;

added “(C) protect taxpayer resources; and

added “(D) support the integrity of the broadband programs administered by the Secretary.

added “(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)
added in subsection (k)(1)—
(A)
added by striking “$25,000,000” and inserting “$350,000,000”; and
(B)
added by striking “2008 through 2018” and inserting “2019 through 2023”;
(10)
added in subsection (l)—
(A)
added by striking “loan or” and inserting “grant, or loan, or”; and
(B)
added by striking “2018” and inserting “2023”; and
(11)
added by redesignating subsections (k) and (l) as subsections (j) and (k), respectively.

removed “379H. Strategic economic and community development

removed “(a) In general—In the case of any program as determined by the Secretary, the Secretary shall give priority to an application for a project that, as determined and approved by the Secretary—

removed “(1) meets the applicable eligibility requirements of this title or other applicable authorizing law;

removed “(2) will be carried out in a rural area; and

removed “(3) supports the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis.

removed “(b) Reserve

removed “(1) In general—Subject to paragraph (2), the Secretary shall reserve a portion of the funds made available for a fiscal year for programs as determined by the Secretary, for projects that support the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis.

removed “(2) Period—The reservation of funds described in paragraph (1) may only extend through a date of the fiscal year in which the funds were first made available, as determined by the Secretary.

removed “(c) Approved applications

removed “(1) In general—Any applicant who submitted a funding application that was approved before the date of enactment of this section may amend the application to qualify for the funds reserved under subsection (b).

removed “(2) Rural utilities—Any rural development application authorized under section 306(a)(2), 306(a)(14), 306(a)(24), 306A, or 310B(b) and approved by the Secretary before the date of enactment of this section shall be eligible for the funds reserved under subsection (b) on the same basis as the applications submitted under this section, until September 30, 2019.

removed “(d) Strategic community investment plans

removed “(1) In general—The Secretary shall provide assistance to rural communities for developing strategic community investment plans.

removed “(2) Plans—A strategic community investment plan described in paragraph (1) shall include—

removed “(A) a variety of activities designed to facilitate a rural community’s vision for its future;

removed “(B) participation by multiple stakeholders, including local and regional partners;

removed “(C) leverage of applicable regional resources;

removed “(D) investment from strategic partners, such as—

removed “(i) private organizations;

removed “(ii) cooperatives;

removed “(iii) other government entities;

removed “(iv) Tribes; and

removed “(v) philanthropic organizations;

removed “(E) clear objectives with the ability to establish measurable performance metrics;

removed “(F) action steps for implementation; and

removed “(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.

removed “(3) Coordination—The Secretary shall coordinate with tribes and local, State, regional, and Federal partners to develop strategic community investment plans under this subsection.

removed “(4) Limitations on authorization of appropriations

removed “(A) In general—There is authorized to be appropriated $5,000,000 for fiscal years 2018 through 2023 to carry out this subsection.

removed “(B) Availability—The amounts made available to carry out this subsection are authorized to remain available until expended.”

Sec. 6202 Expansion of middle mile infrastructure into rural areas

added Section 602 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–1) is amended to read as follows:

added “602. Expansion of middle mile infrastructure into rural areas

added “(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.

added “(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.

added “(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.

added “(d) Eligibility

added “(1) Eligible applicants

added “(A) In general—To be eligible to obtain assistance under this section, an eligible entity shall—

added “(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;

added “(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

added “(iii) submit to the Secretary a plan to ensure the viability of the project by—

added “(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;

added “(II) leasing or selling sufficient capacity prior to project approval; and

added “(III) complying with any other requirements imposed by the Secretary.

added “(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.

added “(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.

added “(3) Eligible projects—A project shall be eligible for assistance under this section if at the time of the application—

added “(A) at least 75 percent of the interconnection points serve such eligible rural areas; and

added “(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.

added “(e) Limitation on grants—In making grants under this section, the Secretary shall—

added “(1) not provide any grant in excess of 20 percent of the total project cost; and

added “(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.

added “(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.

added “(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.”

(a)
removed 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)
removed in subparagraph (B)—
(A)
removed in the heading, by striking “and guaranteed”; and
(B)
removed in the text—
(i)
removed by striking “and guaranteed”; and
(ii)
removed by striking “(1), (2), and (24)” and inserting “(1) and (2)”; and
(2)
removed in subparagraph (C)—
(A)
removed by striking “and guaranteed”; and
(B)
removed by striking “(21), and (24)” and inserting “and (21)”.
(b)
removed Rural broadband program— Paragraph (4)(A)(ii) of section 601(b) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)), as redesignated by section 6114(2), is amended by inserting “in the case of a direct loan,” before “a city”.

Sec. 6203 Modifications to the Rural Gigabit Program

added Section 603 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–2) is amended—

(a)
removed Certain programs 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)
removed by striking “and” at the end of paragraph (5);
(2)
removed by striking the period at the end of paragraph (6) and inserting “; and”; and
(3)
removed by adding at the end the following:

removed “(7) in the case of an insured or guaranteed loan issued or modified under section 306(a), charge and collect from the recipient of the insured or guaranteed loan fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such insured or guaranteed loans for the fiscal year equals the subsidy cost for the insured or guaranteed loans in the fiscal year.”

(1)
changed Rural broadband program— Section 601(c) of in the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section 6114, is further amended heading, by adding at the end the following:striking “Rural Gigabit Network Pilot” and inserting “Innovative Broadband Advancement”;
(2)
added in subsection (d), by striking “2014 through 2018” and inserting “2019 through 2023”;
(3)
added by redesignating subsection (d) as subsection (e); and
(4)
added by striking subsections (a) through (c) and inserting the following:

added “(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.

added “(b) Rural area—In this section, the term rural area has the meaning provided in section 601(b)(3).

added “(c) Eligibility—To be eligible to obtain assistance under this section for a project, an entity shall—

added “(1) submit to the Secretary an application—

added “(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

added “(B) at such time, in such manner, and containing such other information as the Secretary may require;

added “(2) demonstrate that the entity is able to carry out the project; and

added “(3) agree to complete the project build-out within 5 years after the date the assistance is first provided for the project.

added “(d) Prioritization—In awarding assistance under this section, the Secretary shall give priority to proposals for projects that—

added “(1) involve partnerships between or among multiple entities;

added “(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

added “(3) the Secretary determines could be replicated in rural areas described in paragraph (2).”

removed “(4) Fees—In the case of a loan guarantee issued or modified under this section, the Secretary shall charge and collect from the recipient of the guarantee fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such loan guarantees for the fiscal year equals the subsidy cost for the loan guarantees in the fiscal year.”

Sec. 6204 Community Connect Grant Program

changed Section 306(a)(2)(B) Title VI of the Consolidated Farm and Rural Development Electrification Act of 1936 (7 U.S.C. 1926(a)(2)(B)) 950bb et seq.) is amended—amended by adding at the end the following:

added “604. Community Connect Grant Program

added “(a) Definitions—In this section:

added “(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).

added “(2) Eligible service area—The term eligible service area means an area in which broadband service capacity is less than—

added “(A) a 10-Mbps downstream transmission capacity; and

added “(B) a 1-Mbps upstream transmission capacity.

added “(3) Eligible entity

added “(A) In general—The term eligible entity means a legally organized entity that—

added “(i) is—

added “(I) an incorporated organization;

added “(II) an Indian Tribe or Tribal organization;

added “(III) a State;

added “(IV) a unit of local government; or

added “(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

added “(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.

added “(B) Exclusions—The term eligible entity does not include—

added “(i) an individual; or

added “(ii) a partnership.

added “(4) Rural area—The term rural area has the meaning given the term in section 601(b)(3)(A).

added “(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.

added “(c) Eligible projects—An eligible entity that receives a grant under the Program shall use the grant to carry out a project that—

added “(1) provides eligible broadband service to, within the proposed eligible service area described in the application submitted by the eligible entity—

added “(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

added “(B) any required facilities necessary to offer that eligible broadband service to each residential and business customer within such proposed eligible service area; and

added “(2) for not less than 2 years—

added “(A) furnishes free eligible broadband service to a community center described in subsection (d)(1)(B);

added “(B) provides not fewer than 2 computer access points for that free eligible broadband service; and

added “(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.

added “(d) Uses of grant funds

added “(1) In general—An eligible entity that receives a grant under the Program may use the grant for—

added “(A) the construction, acquisition, or leasing of facilities (including spectrum), land, or buildings to deploy eligible broadband service; and

added “(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.

added “(2) Ineligible uses—An eligible entity that receives a grant under the Program shall not use the grant for—

added “(A) the duplication of any existing eligible broadband service provided by another entity in the eligible service area; or

added “(B) operating expenses, except as provided in—

added “(i) subsection (c)(2)(C) with respect to free eligible broadband service; and

added “(ii) paragraph (1)(A) with respect to spectrum.

added “(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—

added “(A) 10 percent; and

added “(B) $150,000.

added “(e) Matching funds

added “(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.

added “(2) Requirements—A cash contribution described in paragraph (1)—

added “(A) shall be used solely for the project for which the eligible entity receives a grant under the Program; and

added “(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.

added “(f) Applications

added “(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.

added “(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).

added “(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.”

(1)
removed in clause (iii), by striking “$100,000” each place it appears and inserting “$200,000”; and
(2)
removed 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. 6205 Outdated broadband systems

(a)
changed In general— Section 306(a)(14)(A) Title VI of the Consolidated Farm and Rural Development Electrification Act of 1936 (7 U.S.C. 1926(a)(14)(A)) 950bb et seq.) is amended—further amended by adding at the end the following:

added “605. Outdated broadband systems

added “(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.

added “(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.”

(1)
removed by striking “and” at the end of clause (ii);
(2)
removed by striking the period at the end of clause (iii) and inserting “; and”; and
(3)
removed by adding at the end the following:

removed “(iv) identify options to enhance long term sustainability of rural water and waste systems to include operational practices, revenue enhancements, policy revisions, partnerships, consolidation, regionalization, or contract services.”

(b)
changed Effective date— Section 306(a)(14)(C) of such Act (7 U.S.C. 1926(a)(14)(C)) is amended The amendment made by striking “1 nor more than 3” and inserting “3 nor more than 5”.this section shall not take effect until October 1, 2020.

Sec. 6206 Default and deobligation; deferral

changed Section 306(a)(22)(B) Title VI of the Consolidated Farm and Rural Development such Act (7 U.S.C. 1926(a)(22)(B)) 950bb et seq.) is further amended by striking “$20,000,000 for fiscal year 2014” and inserting “$25,000,000 for fiscal year 2018”.adding at the end the following:

added “606. Default and deobligation; deferral

added “(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—

added “(1) recover funds from loan and grant defaults;

added “(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;

added “(3) award those funds, on a competitive basis, to new or existing applicants consistent with this title; and

added “(4) minimize overlap among the programs.

added “(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

changed Section 306(a)(25)(C) of the Consolidated Farm and The Rural Development Electrification Act of 1936 (7 U.S.C. 1926(a)(25)(C)) 901 et seq.) is amended by striking “$10,000,000 for each of fiscal years 2008 through 2018” and inserting “$5,000,000 for each of fiscal years 2019 through 2023”.adding at the end the following new title:

added “VII General and administrative provisions

added “701. Public notice, assessments, and reporting requirements

added “(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—

added “(1) notice of each application for assistance describing the application, including—

added “(A) the identity of the applicant;

added “(B) a description of each application, including—

added “(i) a map of the proposed service area of the applicant; and

added “(ii) the amount and type of support requested by each applicant;

added “(C) the status of each application; and

added “(D) the estimated number and proportion of service points in the proposed service territory without fixed broadband service, whether terrestrial or wireless;

added “(2) notice of each entity receiving assistance administered by the Secretary, including—

added “(A) the name of the entity;

added “(B) the type of assistance being received;

added “(C) the purpose for which the entity is receiving the assistance; and

added “(D) each annual report submitted under subsection (c) (redacted to protect any proprietary information in the report); and

added “(3) such other information as is sufficient to allow the public to understand assistance provided.

added “(b) Service area assessment

added “(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—

added “(A) after giving notice required by subsection (a)(1), afford service providers not less than 45 days to voluntarily submit information required by the Secretary onto the agency’s online mapping tool with respect to areas that are coterminous with the proposed service area of the application (or any parts thereof), such that the Secretary may assess whether the application submitted meets the eligibility requirements under this title; and

added “(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.

added “(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—

added “(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;

added “(B) reviewing any other source that is relevant to service data validation, as determined by the Secretary; and

added “(C) performing site-specific testing to verify the unavailability of any retail broadband service.

added “(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.

added “(c) Reporting broadband improvements to USDA

added “(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—

added “(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

added “(B) the progress towards fulfilling the objectives for which the assistance was granted, including—

added “(i) the number of service points that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance;

added “(ii) the speed of broadband service;

added “(iii) the average price of the most subscribed tier of broadband service in a proposed service area;

added “(iv) new subscribers generated from the project; and

added “(v) any metrics the Secretary determines to be appropriate.

added “(2) Additional reporting

added “(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—

added “(i) the date of completion of any project milestone established by the Secretary; or

added “(ii) the date of completion of the project.

added “(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—

added “(i) the use by the entity of the assistance to construct, improve, or acquire middle mile infrastructure;

added “(ii) the progress towards meeting the end-user connection plan submitted under section 602(d)(1)(A)(iii); and

added “(iii) any additional metrics the Secretary determines to be appropriate.

added “(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.

added “(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—

added “(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;

added “(2)

added “(A) the communities proposed to be served in each application submitted for the fiscal year; and

added “(B) the communities served by projects funded by broadband assistance programs;

added “(3) the period of time required to approve each loan application under broadband programs;

added “(4) any outreach activities carried out by the Secretary to encourage entities in rural areas without broadband service to submit applications under this Act;

added “(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;

added “(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

added “(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—

added “(A) the number of residences and businesses receiving new broadband services;

added “(B) network improvements, including facility upgrades and equipment purchases;

added “(C) average broadband speeds and prices on a local and statewide basis;

added “(D) any changes in broadband adoption rates; and

added “(E) any specific activities that increased high speed broadband access for educational institutions, health care providers, and public safety service providers.

added “(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—

added “(1) conducting oversight under such title;

added “(2) implementing accountability measures and related activities authorized under such title; and

added “(3) carrying out this section.”

Sec. 6208 Environmental reviews

changed Section 306A(i) Title VII of the Consolidated Farm and Rural Development Electrification Act (7 U.S.C. 1926a(i)) of 1936, as added by section 6207 of this Act, is amended—amended by adding at the end the following:

added “702. Environmental reviews

added “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.”

(1)
removed in paragraph (1), by striking subparagraph (B) and inserting the following:

removed “(B) Release

removed “(i) In general—Except as provided in clause (ii), funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year.

removed “(ii) Exception—In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water under this section for an additional period not to exceed 120 days beyond the established period otherwise provided under this section, in order to protect public health.”

(2)
removed in paragraph (2), by striking “$35,000,000 for each of fiscal years 2008 through 2018” and inserting “$27,000,000 for each of fiscal years 2019 through 2023”.

Sec. 6209 Use of loan proceeds to refinance loans for deployment of broadband service

changed Section 306D(d)(1) Title VII of the Consolidated Farm and Rural Development Electrification Act (7 U.S.C. 1926d(d)(1)) of 1936, as added by section 6207 and amended by section 6208 of this Act, is amended by striking “2018” and inserting “2023”.adding at the end the following:

added “703. Use of loan proceeds to refinance loans for deployment of broadband service

added “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)
added Section 331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is amended by adding at the end the following:

added “(e)

added “(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—

added “(A) for any activity for which assistance may be provided under section 601 of the Rural Electrification Act of 1936; or

added “(B) to construct other broadband infrastructure.

added “(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.

added “(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)
added Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901–918a) is amended by inserting after section 7 the following:

added “8. Limitations on use of assistance

added “(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.

added “(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).

added “(c) Nothing in this section shall be construed to limit the ability of any borrower to finance or deploy services authorized under this Act.

added “(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).”

removed Section 306E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926e(d)) is amended by striking “2018” and inserting “2023”.

Sec. 6211 Refinancing of telephone loans

changed Section 310B(b)(2) 201 of the Consolidated Farm and Rural Development Electrification Act of 1936 (7 U.S.C. 1932(b)(2)) 922) is amended amended, in the fifth sentence, by striking “2018” “furnishing telephone service in rural areas:” and all that follows through “40 per centum of any loan made under this title.” and inserting “2023”.“furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this Act.”.

Sec. 6212 Federal broadband program coordination

(a)
added 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)
added Consultation between USDA and FCC—
(1)
added 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)
added By FCC— The Commission shall consult with the Secretary before offering or providing Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) to serve an area with respect to which another entity has received broadband assistance under a loan or grant program of the Department of Agriculture.
(c)
added 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)
added 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)
added 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)
added 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)
added The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and industrial purposes in rural areas.
(C)
added The cost to deploy and support such technologies in several rural geographies.
(D)
added The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth.
(3)
added Identify and quantify the availability of broadband service and ongoing broadband deployment in rural areas, including ways to do the following:
(A)
added Harmonize broadband notification and reporting requirements and develop common verification procedures across all federally supported broadband programs.
(B)
added Consolidate and utilize the existing broadband service data.
(C)
added 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)
added support under a broadband assistance program of the Department of Agriculture; or
(ii)
added 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)
added Leverage support technologies and services from online platforms for providers of broadband service in rural areas.
(d)
added Definitions— In this section:
(1)
added Assistant Secretary— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
(2)
added Commission— The term “Commission” means the Federal Communications Commission.
(3)
added Rural area— The term “rural area” has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936.

removed 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. 6213 Transition rule

added 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.

(a)
removed In general— Section 310B(e)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(13)) is amended by striking “2018” and inserting “2023”.
(b)
removed Technical correction— Section 310B(e)(11)(B)(i) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking “(12)” and inserting “(13)”.

Sec. 6214 Rural broadband integration working group

(a)
added In general—
(1)
added Establishment— There is established the Rural Broadband Integration Working Group (referred to in this subsection as the “Working Group”).
(2)
added Membership— The membership of the Working Group shall be composed of the heads, or their designees, of—
(A)
added the Department of Agriculture, acting through the Administrator of the Rural Utilities Service;
(B)
added the Department of Commerce, acting through the Assistant Secretary for Communications and Information;
(C)
added the Department of Defense;
(D)
added the Department of State;
(E)
added the Department of the Interior;
(F)
added the Department of Labor;
(G)
added the Department of Health and Human Services;
(H)
added the Department of Homeland Security;
(I)
added the Department of Housing and Urban Development;
(J)
added the Department of Justice;
(K)
added the Department of Transportation;
(L)
added the Department of the Treasury;
(M)
added the Department of Energy;
(N)
added the Department of Education;
(O)
added the Department of Veterans Affairs;
(P)
added the Environmental Protection Agency;
(Q)
added the General Services Administration;
(R)
added the Small Business Administration;
(S)
added the Institute of Museum and Library Services;
(T)
added the National Science Foundation;
(U)
added the Council on Environmental Quality;
(V)
added the Office of Science and Technology Policy;
(W)
added the Office of Management and Budget;
(X)
added the Council of Economic Advisers;
(Y)
added the Domestic Policy Council;
(Z)
added the National Economic Council; and
(AA)
added such other Federal agencies or entities as are determined appropriate by the co-chairs.
(3)
added Co-chairs— The following individuals, or their designees, shall serve as co-chairs of the Working Group:
(A)
added The Administrator of the Rural Utilities Service.
(B)
added The Assistant Secretary for Communications and Information.
(C)
added The Director of the National Economic Council.
(D)
added The Director of the Office of Science and Technology Policy.
(4)
added 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)
added 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)
added includes necessary Federal Government entities; and
(B)
added is an effective mechanism for coordinating among agencies on the policy described in subsection (b).
(b)
added Functions of working group—
(1)
added 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)
added Point of contact— Not later than 15 days after the date of enactment of this Act, each member of the Working Group shall—
(A)
added designate a representative to serve as the main point of contact for matters relating to the Working Group; and
(B)
added notify the co-chairs of the Working Group of that designee.
(3)
added 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)
added Federal programs, including the allocated funding amounts, that currently support or could reasonably be modified to support broadband deployment and adoption; and
(B)
added 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)
added List of actions— Not later than 120 days after the date of enactment of this Act, the members of the Working Group shall submit to the Working Group an initial list of actions that each of the agencies could take to identify and address regulatory barriers to, incentivize investment in, promote best practices within, align funding decisions with respect to, and otherwise support, wired broadband deployment and adoption.
(5)
added 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)
added a list of priority actions and rulemakings; and
(B)
added timelines to complete the priority actions and rulemakings.

removed 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. 6215 Appropriate technology transfer for rural areas program

removed

removed 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. 6216 Rural economic area partnership zones

removed

removed 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. 6217 Intermediary relending program

removed

removed Section 310H(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1936b(e)) is amended by striking “$25,000,000 for each of fiscal years 2014 through 2018” and inserting “$10,000,000 for each of fiscal years 2019 through 2023”.

Sec. 6218 Exclusion of prison populations from definition of rural area

removed

removed Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13) is amended—

(1)
removed in subparagraph (A), by striking “(G)” and inserting “(H)”; and
(2)
removed by adding at the end the following:

removed “(H) Exclusion of populations incarcerated on a long-term basis—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”.”

Sec. 6219 National Rural Development Partnership

removed

removed Section 378 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008m) is amended—

(1)
removed in subsection (g)(1), by striking “2018” and inserting “2023”; and
(2)
removed in subsection (h), by striking “2018” and inserting “2023”.

Sec. 6220 Grants for NOAA weather radio transmitters

removed

removed 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. 6221 Rural microentrepreneur assistance program

removed

removed Section 379E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)) is amended to read as follows:

removed “(d) Funding—There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2019 through 2023.”

Sec. 6222 Health care services

removed

removed 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. 6223 Delta Regional Authority

removed
(a)
removed 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)
removed Termination of authority— Section 382N of such Act (7 U.S.C. 2009aa–13) is amended by striking “2018” and inserting “2023”.

Sec. 6224 Northern Great Plains Regional Authority

removed
(a)
removed Authorization of appropriations— Section 383N(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb–12(a)) is amended by striking “$30,000,000 for each of fiscal years 2008 through 2018” and inserting “$2,000,000 for each of fiscal years 2019 through 2023”.
(b)
removed Termination of authority— Section 383O of such Act (7 U.S.C. 2009bb–13) is amended by striking “2018” and inserting “2023”.

Sec. 6225 Rural business investment program

removed

removed Section 384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is amended by striking “2018” and inserting “2023”.

Sec. 6301 Exclusion of certain populations from definition of rural area

(a)
added In general— Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended—
(1)
added in subparagraph (A), by striking “(G)” and inserting “(I)”; and
(2)
added by adding at the end the following:

added “(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”.

added “(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)
added 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:

added “(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)
added 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:

added “(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.”

removed Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1(f)) is amended by striking “2018” and inserting “2023”.

Sec. 6302 Establishment of technical assistance program

(a)
added 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)
added In general— The Secretary shall, in coordination with the Office of Tribal Relations established under section 309 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921), provide technical assistance to improve access by Tribal entities to rural development programs funded by the Department of Agriculture through available cooperative agreement authorities of the Secretary.
(c)
added 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.

removed Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C. 940e(d)) is amended by striking “2018” and inserting “2023”.

Sec. 6303 Rural energy savings program

added Section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) is amended—

(1)
added in subsection (b)(2), by striking “efficiency.” and inserting “efficiency (including cost-effective on- or off-grid renewable energy or energy storage systems).”;
(2)
added in subsection (c)—
(A)
added by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
(B)
added by inserting after paragraph (3) the following:

added “(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)
added in subparagraph (B) of paragraph (5) (as so redesignated), by striking “(6)” and inserting “(7)”; and
(D)
added by adding at the end the following:

added “(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)
added in subsection (d)(1)—
(A)
added in subparagraph (A), by striking “3 percent” and inserting “5 percent”; and
(B)
added in subparagraph (D), by striking “electric” and inserting “recurring service”;
(4)
added by redesignating subsection (h) as subsection (i);
(5)
added by inserting after subsection (g) the following:

added “(h) Publication—Not later than 120 days after the end of each fiscal year, the Secretary shall publish a description of—

added “(1) the number of applications received under this section for that fiscal year;

added “(2) the number of loans made to eligible entities under this section for that fiscal year; and

added “(3) the recipients of the loans described in paragraph (2).”

(6)
added in subsection (i) (as so redesignated), by striking “2018” and inserting “2023”.
(a)
removed Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1) is amended—
(1)
removed by striking subsection (a) and inserting the following:

removed “(a) Guarantees

removed “(1) In general—Subject to subsection (b), the Secretary shall guarantee payments on bonds or notes issued by cooperative or other lenders organized on a not-for-profit basis, if the proceeds of the bonds or notes are used to make utility infrastructure loans, or refinance bonds or notes issued for such purposes, to a borrower that has at any time received, or is eligible to receive, a loan under this Act.

removed “(2) Terms—A bond or note guaranteed under this section shall—

removed “(A) have a term of 35 years; and

removed “(B) by agreement between the Secretary and the borrower, be repaid by the borrower by—

removed “(i) periodic installments of principal and interest;

removed “(ii) periodic installments of interest and, at the end of the term of the bond or note, by the repayment of the outstanding principal; or

removed “(iii) a combination of the methods for repayment provided under clauses (i) and (ii).”

(2)
removed in subsection (b)—
(A)
removed in paragraph (1), by striking “for eligible electrification or telephone purposes consistent with this Act” and inserting “to borrowers described in subsection (a)”; and
(B)
removed in paragraph (3)—
(i)
removed in subparagraph (A), by striking “for electrification or telephone purposes” and inserting “to borrowers under this Act”; and
(ii)
removed in subparagraph (C), by striking “for eligible purposes described in subsection (a)” and inserting “to borrowers described in subsection (a)”.
(b)
removed
(1)
removed The Secretary shall carry out section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1), including the amendments made by this section, under a Notice of Solicitation of Applications until all regulations necessary to carry out the amendments made by this section are fully implemented.
(2)
removed Paragraph (1) shall take effect on the date of the enactment of this Act.

Sec. 6304 Northern Border Regional Commission reauthorization

(a)
changed Administrative expenses of regional commissions— Section 12(b)(3)(D) of the Rural Electrification Act 15304(c)(3)(A) of 1936 (7 U.S.C. 912(b)(3)(D)) title 40, United States Code, is amended by striking “313(b)(2)(A)” “unanimous” and inserting “313(b)(2)”.“majority”.
(b)
changed Economic and infrastructure development grants— Section 313(b)(2) 15501 of such Act (7 U.S.C. 940c(b)(2)) title 40, United States Code, is amended—
(1)
removed by striking all that precedes “shall maintain” and inserting the following:

removed “(2) Rural economic development subaccount—The Secretary”

(1)
changed by striking subparagraphs (B) through (E).in subsection (a)—
(A)
added in paragraph (7), by striking “and” at the end;
(B)
added by redesignating paragraph (8) as paragraph (9); and
(C)
added by inserting after paragraph (7) the following:

added “(8) to grow the capacity for successful community economic development in its region; and”

(2)
added in subsection (b), by striking “paragraphs (1) through (3)” and inserting “paragraph (1), (2), (3), or (7)”; and
(3)
added 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)
added State capacity building grant program—
(1)
added Definitions— In this subsection:
(A)
added Commission— The term Commission means the Northern Border Regional Commission established by section 15301(a)(3) of title 40, United States Code.
(B)
added Commission State— The term Commission State means each of the States of Maine, New Hampshire, New York, and Vermont.
(C)
added Eligible county— The term eligible county means a county described in section 15733 of title 40, United States Code.
(D)
added Program— The term program means the State capacity building grant program established under paragraph (2).
(2)
added 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)
added Purpose— The purpose of the program is to support the efforts of the Commission—
(A)
added to better support business retention and expansion in eligible counties;
(B)
added to create programs to encourage job creation and workforce development in eligible counties;
(C)
added to prepare economic and infrastructure plans for eligible counties;
(D)
added to expand access to high-speed broadband in eligible counties;
(E)
added to provide technical assistance that results in Commission investments in transportation, water, wastewater, and other critical infrastructure;
(F)
added to create initiatives to increase the effectiveness of local development districts in eligible counties; and
(G)
added 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)
added Use of funds—
(A)
added 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)
added Limitation— Funds from a grant under the program shall not be used for—
(i)
added the purchase of furniture, fixtures, or equipment;
(ii)
added the compensation of—
(I)
added any State member of the Commission (as described in section 15301(b)(1)(B) of title 40, United States Code); or
(II)
added any State alternate member of the Commission (as described in section 15301(b)(2)(B) of title 40, United States Code); or
(iii)
added the cost of supplanting existing State programs.
(5)
added Annual work plan—
(A)
added 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)
added 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)
added Amount of grant—
(A)
added 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)
added 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)
added 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)
added 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)
added 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)
added Grant availability— Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided.
(8)
added 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)
added Funding—
(A)
added 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)
added Supplement, not supplant— Funds made available to carry out this subsection shall supplement and not supplant funds made available for the Commission and other activities of the Commission.
(c)
removed Title III of such Act (7 U.S.C. 931–940h) is amended by inserting after section 313A the following:

removed “313B. Rural development loans and grants

removed “(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.

removed “(b) Repayments—In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation.

removed “(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).

removed “(d) Number of grants—Loans and grants required under this section shall be made during each fiscal year to the full extent of the amounts made available under subsection (e).

removed “(e) Funding

removed “(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.

removed “(2) Other funds—In addition to the funds described in paragraph (1), the Secretary shall use to provide grants and loans under this section—

removed “(A) the interest differential sums credited to the subaccount described in subsection (c); and

removed “(B) subject to section 313A(e)(2), the fees described in subsection (c)(4) of such section.

removed “(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)
changed Northern Border Regional Commission— Section 313A of the Rural Electrification Act 15733 of 1936 (7 U.S.C. 940c–1) title 40, United States Code, is amended—
(1)
removed in subsection (c)(4)—
(A)
removed 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)
removed in subparagraph (B), by striking “313(b)(2)(B)” and inserting “313(b)(2)”; and
(1)
changed 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)”.paragraph (2)—
(A)
added by inserting “Belknap,” before “Carroll,”; and
(B)
added by inserting “Cheshire,” before “Coos,”;
(2)
added by striking paragraph (3) and inserting the following new paragraph:

added “(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.”

(3)
added in paragraph (4)—
(A)
added by inserting “Addison, Bennington,” before “Caledonia,”;
(B)
added by inserting “Chittenden,” before “Essex,”;
(C)
added by striking “and” and inserting “Orange,” and
(D)
added by inserting “, Rutland, Washington, Windham, and Windsor” after “Orleans”.
(e)
added 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)
added Vacancies— Section 15301 of title 40, United States Code, is amended by adding at the end the following:

added “(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)
added 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.
(e)
removed
(1)
removed 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)
removed Paragraph (1) shall take effect on the date of the enactment of this Act.

Sec. 6305 Definition of rural area for purposes of the Housing Act of 1949

added

added The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended—

(1)
added by striking “or 2010 decennial census” and inserting “2010, or 2020 decennial census”;
(2)
added by striking “December 31, 2010,” and inserting “December 31, 2020,” ; and
(3)
added by striking “year 2020” and inserting “year 2030”.

Sec. 6306 Council on Rural Community Innovation and Economic Development

added
(a)
added 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)
added establishing a council to better coordinate Federal programs directed to rural communities;
(2)
added maximizing the impact of Federal investment to promote economic prosperity and quality of life in rural communities in the United States; and
(3)
added using innovation to resolve local and regional challenges faced by rural communities.
(b)
added Establishment—
(1)
added There is established a Council on Rural Community Innovation and Economic Development (referred to in this section as the “Council”).
(2)
added The Council shall be the successor to the Interagency Task Force on Agriculture and Rural Prosperity established by Executive Order 13790.
(c)
added Membership—
(1)
added In general— The membership of the Council shall be composed of the heads of the following executive branch departments, agencies, and offices:
(A)
added The Department of Agriculture.
(B)
added The Department of the Treasury.
(C)
added The Department of Defense.
(D)
added The Department of Justice.
(E)
added The Department of the Interior.
(F)
added The Department of Commerce.
(G)
added The Department of Labor.
(H)
added The Department of Health and Human Services.
(I)
added The Department of Housing and Urban Development.
(J)
added The Department of Transportation.
(K)
added The Department of Energy.
(L)
added The Department of Education.
(M)
added The Department of Veterans Affairs.
(N)
added The Department of Homeland Security.
(O)
added The Environmental Protection Agency.
(P)
added The Federal Communications Commission.
(Q)
added The Office of Management and Budget.
(R)
added The Office of Science and Technology Policy.
(S)
added The Office of National Drug Control Policy.
(T)
added The Council of Economic Advisers.
(U)
added The Domestic Policy Council.
(V)
added The National Economic Council.
(W)
added The Small Business Administration.
(X)
added The Council on Environmental Quality.
(Y)
added The White House Office of Public Engagement.
(Z)
added The White House Office of Cabinet Affairs.
(AA)
added Such other executive branch departments, agencies, and offices as the President or the Secretary may, from time to time, designate.
(2)
added Chair— The Secretary shall serve as the Chair of the Council.
(3)
added Designees— A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is—
(A)
added part of the department, agency, or office of the member; and
(B)
added a full-time officer or employee of the Federal Government.
(4)
added Administration— The Council shall coordinate policy development through the rural development mission area.
(d)
added Funding— The Secretary shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations.
(e)
added Mission and function of the council— The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations—
(1)
added to maximize the impact of Federal investment on rural communities;
(2)
added to promote economic prosperity and quality of life in rural communities; and
(3)
added to use innovation to resolve local and regional challenges faced by rural communities.
(f)
added Duties— The Council shall—
(1)
added 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)
added 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)
added coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass both metropolitan and nonmetropolitan areas;
(4)
added identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related activities; and
(5)
added identify common economic and social challenges faced by rural communities that could be served through—
(A)
added better coordination of existing Federal and non-Federal resources; and
(B)
added innovative solutions utilizing governmental and nongovernmental resources.
(g)
added Executive departments and agencies—
(1)
added 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)
added 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)
added Council working groups—
(1)
added In general— The Council may establish, in addition to the working groups established under paragraph (3), such other working groups as necessary.
(2)
added Membership— The Secretary shall include as members of each working group such Council members, other heads of Federal agencies (or their designees as defined in (d)(3)), and non-Federal partners as determined appropriate to the subject matter.
(3)
added Required working groups— The working groups specified in this paragraph are each of the following:
(A)
added The Rural Smart Communities Working Group—
(i)
added Establishment— The Council shall establish a Rural Smart Communities Working Group.
(ii)
added Duties— The Rural Smart Communities Working Group shall—
(I)
added 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)
added create, publish, and maintain a resource guide designed to assist States and other rural communities in developing and implementing rural smart community programs.
(iii)
added 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)
added Jobs Accelerator Working Group—
(i)
added Establishment— The Council shall establish a Jobs Accelerator Working Group.
(ii)
added 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)
added 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)
added to help rural communities identify and maximize local assets and connect to regional opportunities, networks, and industry clusters that demonstrate high growth potential.
(iii)
added Duties— The Jobs Accelerator Working Group shall—
(I)
added provide the public with available information and technical assistance on Federal resources relevant to a project and region;
(II)
added establish a Federal support team comprised of staff from participating agencies in the working group that shall provide coordinated and dedicated support services to rural jobs accelerators; and
(III)
added provide opportunities for rural jobs accelerators to share best practices and further collaborate with one another.

Sec. 6401 Strategic economic and community development

changed Section 6407 379H of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8107a) 2008v) is amended—amended to read as follows:

added “379H. Strategic economic and community development

added “(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—

added “(1) meets the applicable eligibility requirements of this title or the other applicable authorizing law;

added “(2) will be carried out in a rural area; and

added “(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.

added “(b) Reserve

added “(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.

added “(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.

added “(c) Approved applications

added “(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).

added “(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)—

added “(A) on the same basis as an application submitted under this section; and

added “(B) until September 30, 2019.

added “(d) Strategic community investment plans

added “(1) In general—The Secretary shall provide assistance to rural communities in developing strategic community investment plans.

added “(2) Plans—A strategic community investment plan described in paragraph (1) shall include—

added “(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;

added “(B) participation by multiple stakeholders, including local and regional partners;

added “(C) leverage of applicable regional resources;

added “(D) investment from strategic partners, such as—

added “(i) private organizations;

added “(ii) cooperatives;

added “(iii) other government entities;

added “(iv) Indian Tribes; and

added “(v) philanthropic organizations;

added “(E) clear objectives with the ability to establish measurable performance metrics;

added “(F) action steps for implementation; and

added “(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.

added “(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.

added “(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.”

(1)
removed in subsection (c)—
(A)
removed by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
(B)
removed by inserting after paragraph (3) the following:

removed “(4) Eligibility for other loans—The Secretary shall not include any debt incurred under this section in the calculation of a borrower’s debt-equity ratio for purposes of eligibility for loans made pursuant to the Rural Electrification Act of 1936 (7 U.S.C. 901 et. seq.).”

(C)
removed by adding at the end the following:

removed “(9) Accounting—The Secretary shall take appropriate steps to streamline the accounting requirements imposed on borrowers under this section while maintaining adequate assurances of repayment of the loan.”

(2)
removed in subsection (d)(1)(A), by striking “3 percent” and inserting “5 percent”;
(3)
removed by redesignating subsection (h) as subsection (i);
(4)
removed by inserting after subsection (g) the following:

removed “(h) Report to Congress—Not later than 120 days after the end of each fiscal year, the Secretary shall submit to the Committees on Agriculture and Appropriations of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate a report that describes—

removed “(1) the number of applications received under this section in such fiscal year;

removed “(2) the number of loans made to eligible entities under this section in such fiscal year; and

removed “(3) the recipients of such loans.”

(5)
removed in subsection (i), as so redesignated, by striking “2018” and inserting “2023”.

Sec. 6402 Expanding access to credit for rural communities

(a)
added 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)
added in subparagraph (B)—
(A)
added in the heading, by striking “and guaranteed”; and
(B)
added in the text—
(i)
added by striking “and guaranteed”; and
(ii)
added by striking “(1), (2), and (24)” and inserting “(1) and (2)”; and
(2)
added in subparagraph (C)—
(A)
added by striking “and guaranteed”; and
(B)
added by striking “(21), and (24)” and inserting “and (21)”.

removed Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—

(b)
changed Population caps for guaranteed lending— Section 306(a)(24) of such Act (7 U.S.C. 1926(a)(24)) is amended by amending subsection (i) to read as follows:adding at the end the following:

changed “(i) Authorization of appropriations—There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2023.”“(D) Priority

added “(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.

added “(ii) Community facility—Of the funds made available to carry out this paragraph for community facility loan guarantees for a fiscal year the following amounts shall be reserved for projects in rural areas with a population of not more than 20,000 inhabitants:

added “(I) 100 percent of the first $200,000,000 so made available;

added “(II) 50 percent of the next $200,000,000 so made available; and

added “(III) 25 percent of all amounts exceeding $400,000,000 so made available,”

(2)
removed by adding at the end the following:

removed “(k) Wood and Wood-Based Products—Notwithstanding any other provision of law, a Federal agency may not place limitations on the procurement of wood and wood-based products that are more limiting than those in this section.”

Sec. 6403 Water, waste disposal, and wastewater facility grants

changed Section 9003 306(a)(2)(B) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8103) 1926(a)(2)(B)) is amended—

(1)
changed in subsection (b)(3)(A), clause (iii), by striking “and” at the end “$100,000” each place it appears and inserting “or”; “$200,000”; and
(2)
changed in clause (vii), by amending subsection (g) to read as follows: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”.

removed “(g) Authorization of appropriations—There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2023.”

Sec. 6404 Rural water and wastewater technical assistance and training programs

changed Section 9004(d) 306(a)(14) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8104(d)) 1926(a)(14)) is amended to read as follows:amended—

(1)
added in subparagraph (A)—
(A)
added in clause (ii), by striking “and” at the end;
(B)
added in clause (iii), by striking the period and inserting a semicolon; and
(C)
added by adding at the end the following:

added “(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

added “(v) address the contamination of drinking water and surface water supplies by emerging contaminants, including per- and polyfluoroalkyl substances.”

(2)
added in subparagraph (C)—
(A)
added by striking “1 nor more than 3” and inserting “3 percent and not more than 5”; and
(B)
added by striking “1 per centum” and inserting “3 percent”.

removed “(d) Authorization of appropriations—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2023.”

Sec. 6405 Rural water and wastewater circuit rider program

changed Section 9005 306(a)(22)(B) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8105) 1926(a)(22)(B)) is amended—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”.

(1)
removed in subsection (e)—
(A)
removed by striking “The Secretary may” and inserting the following new paragraph:

removed “(1) Amount—The Secretary shall”

(B)
removed by adding at the end the following new paragraph:

removed “(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 shall not exceed one-third of the total amount of funds made available under subsection (g).”

(2)
removed in subsection (g)—
(A)
removed by striking paragraphs (1) and (2) and inserting the following new paragraph:

removed “(1) 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.”

(B)
removed by redesignating paragraph (3) as paragraph (2).

Sec. 6406 Tribal college and university essential community facilities

changed Section 9006(d) 306(a)(25)(C) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8106(d)) 1926(a)(25)(C)) is amended to read as follows:by striking “2018” and inserting “2023”.

removed “(d) Authorization of appropriations—There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2019 through 2023.”

Sec. 6407 Emergency and imminent community water assistance grant program

(a)
added In general— Section 306A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a) is amended—
(1)
added in subsection (b)(1), by striking “; and” and inserting the following: “, particularly to projects to address contamination that—

added “(A) poses a threat to human health or the environment; and

added “(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)
added 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)
added in subsection (e)(1)(B), by striking “according to the most recent decennial census of the United States”;
(4)
added in subsection (f)(1), by striking “$500,000” and inserting “$1,000,000”; and
(5)
added in subsection (i)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A), by striking “3 nor more than 5” and inserting “5 percent and not more than 7”; and
(ii)
added by striking subparagraph (B) and inserting the following:

added “(B) Release

added “(i) In general—Funds reserved under subparagraph (A) for a fiscal year shall be reserved only until July 1 of the fiscal year.

added “(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.”

(B)
added 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)
added Interagency task force on rural water quality—
(1)
added In general— Not later than 90 days after the date of enactment of this section, the Secretary shall coordinate an interagency task force to examine drinking water and surface water contamination in rural communities, particularly rural communities that are in close proximity to active or decommissioned military installations in the United States.
(2)
added Membership— The interagency task force shall consist of—
(A)
added the Secretary;
(B)
added the Secretary of the Army, acting through the Chief of Engineers;
(C)
added the Secretary of Health and Human Services, acting through—
(i)
added the Director of the Agency for Toxic Substances and Disease Registry; and
(ii)
added the Director of the Centers for Disease Control and Prevention;
(D)
added the Secretary of Housing and Urban Development;
(E)
added the Secretary of the Interior, acting through—
(i)
added the Director of the United States Fish and Wildlife Service; and
(ii)
added the Director of the United States Geological Survey;
(F)
added the Administrator of the Environmental Protection Agency; and
(G)
added 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)
added Report—
(A)
added 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)
added 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)
added reviews the extent to which Federal, State, and local government agencies coordinate with one another to address the issues identified under clause (i);
(iii)
added 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)
added 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)
added Committees described— The committees referred to in subparagraph (A) are—
(i)
added the Committee on Agriculture of the House of Representatives;
(ii)
added the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(iii)
added the Committee on Energy and Commerce of the House of Representatives;
(iv)
added the Committee on Environment and Public Works of the Senate;
(v)
added the Committee on Armed Services of the House of Representatives; and
(vi)
added the Committee on Armed Services of the Senate.

removed Section 9007(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended—

(1)
removed in paragraph (1)(E), by striking “for fiscal year 2014 and each fiscal year thereafter” and inserting “for each of the fiscal years 2014 through 2018”; and
(2)
removed in paragraph (3), by striking “2018” and inserting “2023”.

Sec. 6408 Water systems for rural and native villages in Alaska

changed Section 9007 306D of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8107) 1926d) is amended by adding at the end the following:amended—

(1)
added 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)
added in subsection (b), by inserting “for any grant awarded under subsection (a)” before the period at the end; and
(3)
added in subsection (d)—
(A)
added in paragraph (1), by striking “2018” and inserting “2023”; and
(B)
added 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),”.

removed “(h) Categorical exclusion—The provision of a grant or financial assistance under this section to any electric generating facility, including one fueled with wind, solar, or biomass, that has a rating of 10 average megawatts or less is a category of actions hereby designated as being categorically excluded from any requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).”

Sec. 6409 Rural decentralized water systems

changed Section 9009 306E of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8109) 1926e) is repealed.amended—

(1)
added by striking the section heading and inserting “Rural decentralized water systems”;
(2)
added in subsection (a), by striking “100” and inserting “60”;
(3)
added in subsection (b)—
(A)
added in paragraph (1)—
(i)
added by inserting “and subgrants” after “loans”; and
(ii)
added by inserting “and individually owned household decentralized wastewater systems” after “well systems”;
(B)
added by striking paragraph (2) and inserting the following:

added “(2) Terms and amounts

added “(A) Terms of loans—A loan made with grant funds under this section—

added “(i) shall have an interest rate of 1 percent; and

added “(ii) shall have a term not to exceed 20 years.

added “(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).”

(C)
added by adding at the end the following:

added “(4) Ground well water contamination—In the event of ground well water contamination, the Secretary shall allow a loan or subgrant to be made with grant funds under this section for the installation of water treatment where needed beyond the point of entry, with or without the installation of a new water well system.”

(4)
added 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)
added in subsection (d)—
(A)
added by striking “$5,000,000” and inserting “$20,000,000”; and
(B)
added by striking “2014 through 2018” and inserting “2019 through 2023”.

Sec. 6410 Solid waste management grants

changed Section 9010(b) 310B(b)(2) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8110(b)) 1932(b)(2)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in paragraph (1)(A), by striking “2018” and inserting “2023”; and
(2)
removed in paragraph (2)(A), by striking “2018” and inserting “2023”.

Sec. 6411 Rural business development grants

changed Section 9011(f) 310B(c)(4)(A) of the Consolidated Farm Security and Rural Investment Development Act of 2002 (7 U.S.C. 8111(f)) 1932(c)(4)(A)) is amended by striking paragraph (1) “2018” and inserting the following new paragraph:“2023”.

removed “(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.”

Sec. 6412 Rural cooperative development grants

added
(a)
added In general— Section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is amended—
(1)
added 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)
added in paragraph (13), by striking “2018” and inserting “2023”.
(b)
added 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

added

added 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

added

added 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

added

added 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

added

added Section 310H of the Consolidated Farm and Rural Development Act (7 U.S.C. 1936b) is amended—

(1)
added by redesignating subsection (e) as subsection (i);
(2)
added by inserting after subsection (d) the following:

added “(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—

added “(1) $400,000; and

added “(2) 50 percent of the loan to the eligible entity under subsection (a).

added “(f) Applications

added “(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.

added “(2) Evaluation—In evaluating applications submitted under paragraph (1), the Secretary shall—

added “(A)

added “(i) take into consideration the previous performance of an eligible entity in carrying out projects under subsection (c); and

added “(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

added “(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.

added “(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—

added “(1) current on all principal and interest payments; and

added “(2) in compliance with loan covenants.

added “(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.”

(3)
added 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

added

added 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:

added “(f) Access to information to verify income for participants in certain rural housing programs—The Secretary and the designees of the Secretary are hereby granted the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development as provided in section 453 of the Social Security Act (42 U.S.C. 653) and section 6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to verify income for individuals participating in sections 502, 504, 521, and 542 of the Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r), notwithstanding section 453(l) of the Social Security Act.”

Sec. 6418 Providing for additional fees for guaranteed loans under the Consolidated Farm and Rural Development Act

added

added Section 333 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983) is amended—

(1)
added by striking “and” at the end of paragraph (5);
(2)
added by striking the period at the end of paragraph (6) and inserting “; and”; and
(3)
added by adding at the end the following:

added “(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

added

added The Consolidated Farm and Rural Development Act is amended by inserting after section 367, as added by section 5306 of this Act, the following:

added “368. Rural Business-Cooperative Service programs technical assistance and training

added “(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.

added “(b) Purposes—A grant under subsection (a) may be used—

added “(1) to assist communities in identifying and planning for business and economic development needs;

added “(2) to identify public and private resources to finance business and small and emerging business needs;

added “(3) to prepare reports and surveys necessary to request financial assistance for businesses in rural communities; and

added “(4) to prepare applications for financial assistance.

added “(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.

added “(d) Funding

added “(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.

added “(2) Availability—Any amounts authorized to be appropriated under paragraph (1) for any fiscal year that are not appropriated for that fiscal year may be appropriated for the immediately succeeding fiscal year.”

Sec. 6420 National Rural Development Partnership

added

added 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

added

added 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

added

added Section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s) is amended—

(1)
added in subsection (b)(4)(B)(ii)—
(A)
added in the clause heading, by striking “Maximum amount” and inserting “Amount”;
(B)
added by inserting “not less than 20 percent and” before “not more than 25 percent”; and
(C)
added by striking the period at the end and inserting the following: “, subject to—

added “(I) satisfactory performance by the microenterprise development organization under this section, and

added “(II) the availability of funding.”

(2)
added by striking subsection (d) and inserting the following:

added “(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

added

added 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

added

added 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:

added “379I. Rural innovation stronger economy grant program

added “(a) Definitions—In this section:

added “(1) Eligible entity—The term “eligible entity” means a rural jobs accelerator partnership established after the date of enactment of this section that—

added “(A) organizes key community and regional stakeholders into a working group that—

added “(i) focuses on the shared goals and needs of the industry clusters that are objectively identified as existing, emerging, or declining;

added “(ii) represents a region defined by the partnership in accordance with subparagraph (B);

added “(iii) includes 1 or more representatives of—

added “(I) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));

added “(II) a private entity; or

added “(III) a government entity; and

added “(iv) has, as a lead applicant—

added “(I) a District Organization (as defined in section 300.3 of title 13, Code of Federal Regulations (or a successor regulation));

added “(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;

added “(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;

added “(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

added “(V) a public or private nonprofit organization; and

added “(B) subject to approval by the Secretary, may—

added “(i) serve a region that is—

added “(I) a single jurisdiction; or

added “(II) if the region is a rural area, multijurisdictional; and

added “(ii) define the region that the partnership represents, if the region—

added “(I) is large enough to contain critical elements of the industry cluster prioritized by the partnership;

added “(II) is small enough to enable close collaboration among members of the partnership;

added “(III) includes a majority of communities that are located in—

added “(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

added “(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

added “(IV)

added “(aa) has a population of 50,000 or fewer inhabitants; or

added “(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.

added “(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.

added “(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.

added “(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).

added “(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)).

added “(b) Establishment

added “(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—

added “(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

added “(B) help rural communities identify and maximize local assets and connect to regional opportunities, networks, and industry clusters that demonstrate high growth potential.

added “(2) Cost-sharing

added “(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.

added “(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.

added “(3) Selection criteria—In selecting eligible entities to receive grants under paragraph (1), the Secretary shall consider—

added “(A) the commitment of participating core stakeholders in the jobs accelerator partnership, including a demonstration that—

added “(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

added “(ii) institutions of higher education, applied research institutions, workforce development entities, and community-based organizations are willing to partner with the jobs accelerator to provide workers with skills relevant to the industry cluster needs of the region, with an emphasis on the use of on-the-job training, registered apprenticeships, customized training, classroom occupational training, or incumbent worker training;

added “(B) the ability of the eligible entity to provide the non-Federal share as required under paragraph (2);

added “(C) the identification of a targeted industry cluster;

added “(D) the ability of the partnership to link rural communities to markets, networks, industry clusters, and other regional opportunities and assets;

added “(E) other grants or loans of the Secretary and other Federal agencies that the jobs accelerator would be able to leverage; and

added “(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.

added “(4) Grant term and renewals

added “(A) Term—The initial term of a grant under paragraph (1) shall be 4 years.

added “(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.

added “(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.

added “(c) Grant amount—A grant awarded under subsection (b) may be in an amount equal to—

added “(1) not less than $500,000; and

added “(2) not more than $2,000,000.

added “(d) Use of funds

added “(1) In general—Subject to paragraph (2), funds from a grant awarded under subsection (b) may be used—

added “(A) to construct, purchase, or equip a building to serve as an innovation center;

added “(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—

added “(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;

added “(ii) integrating small businesses into a supply chain;

added “(iii) creating or expanding commercialization activities for new business formation;

added “(iv) identifying and building assets in rural communities that are crucial to supporting regional economies;

added “(v) facilitating the repatriation of high-wage jobs to the United States;

added “(vi) supporting the deployment of innovative processes, technologies, and products;

added “(vii) enhancing the capacity of small businesses in regional industry clusters, including small and disadvantaged businesses;

added “(viii) increasing United States exports and business interaction with international buyers and suppliers;

added “(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;

added “(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

added “(xi) any other activities that the Secretary may determine to be appropriate.

added “(2) Requirement

added “(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.

added “(B) Increase—The Secretary may increase the percentage described in subparagraph (A) on a case-by-case basis.

added “(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—

added “(1) report to the Secretary on the activities funded with the grant; and

added “(2)

added “(A) evaluate the progress that the eligible entity has made toward the strategic objectives identified in the application for the grant; and

added “(B) measure that progress using performance measures during the project period, which may include—

added “(i) high-wage jobs created;

added “(ii) high-wage jobs retained;

added “(iii) private investment leveraged;

added “(iv) businesses improved;

added “(v) new business formations;

added “(vi) new products or services commercialized;

added “(vii) improvement of the value of existing products or services under development;

added “(viii) regional collaboration, as measured by such metrics as—

added “(I) the number of organizations actively engaged in the industry cluster;

added “(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

added “(III) the number of further cooperative agreements;

added “(ix) the number of education and training activities relating to innovation;

added “(x) the number of jobs relocated from outside of the United States to the region;

added “(xi) the amount and number of new equity investments in industry cluster firms;

added “(xii) the amount and number of new loans to industry cluster firms;

added “(xiii) the dollar increase in exports resulting from the project activities;

added “(xiv) the percentage of employees for which training was provided;

added “(xv) improvement in sales of participating businesses;

added “(xvi) improvement in wages paid at participating businesses;

added “(xvii) improvement in income of participating workers; or

added “(xviii) any other measure the Secretary determines to be appropriate.

added “(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

added
(a)
added 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)
added 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

added
(a)
added Definitions— Section 384A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc) is amended—
(1)
added in paragraph (2)—
(A)
added in the paragraph heading, by striking “venture”; and
(B)
added by striking “venture”; and
(2)
added by striking paragraph (4) and inserting the following:

added “(4) Equity capital—The term equity capital means—

added “(A) common or preferred stock or a similar instrument, including subordinated debt with equity features; and

added “(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)
added Purposes— Section 384B of such Act (7 U.S.C. 2009cc–1) is amended—
(1)
added in paragraph (1), by striking “venture”; and
(2)
added in paragraph (2)—
(A)
added in the matter preceding subparagraph (A), by striking “venture”; and
(B)
added in subparagraph (B), by striking “venture”.
(c)
added Selection of rural business investment companies— Section 384D(b)(1) of such Act (7 U.S.C. 2009cc–3(b)(1)) is amended by striking “developmental venture” and inserting “developmental”.
(d)
added Fees— Section 384G of such Act (7 U.S.C. 2009cc–6) is amended—
(1)
added 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)
added in subsection (c)(2)—
(A)
added in subparagraph (B), by striking “solely to cover the costs of licensing examinations” and inserting “as the Secretary considers appropriate”; and
(B)
added by striking subparagraph (C) and inserting the following:

added “(C) shall be in such amounts as the Secretary considers appropriate.”

(e)
added 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)
added Flexibility on sources of investment or capital— Section 384J(a) of such Act (7 U.S.C. 2009cc–9(a)) is amended—
(1)
added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2)
added 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:

added “(a) Investment

added “(1) In general—Except as”

(3)
added by adding at the end the following:

added “(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

added

added Section 384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is amended by striking “2018” and inserting “2023”.

Sec. 6501 Amendments to section 2 of the Rural Electrification Act of 1936

(a)
added 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”.

removed Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended—

(b)
changed Technical assistance for rural electrification loans— in subparagraph (B), by striking “$40,000,000 for each of fiscal years 2008 through 2018” and inserting “$50,000,000 for each Section 2 of fiscal years 2019 through 2023”; andsuch Act (7 U.S.C. 902) is amended by adding at the end the following:

added “(c) Technical assistance—Not later than 180 days after the date of enactment of this subsection, the Secretary shall enter into a memorandum of understanding with the Secretary of Energy under which the Secretary of Energy shall provide technical assistance to the Rural Utilities Service on loans to be made under subsection (a) of this section and section 4(a).”

(2)
removed by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.

Sec. 6502 Loans for telephone service

changed Section 6402(i) 201 of the Farm Security and Rural Investment Electrification Act of 2002 1936 (7 U.S.C. 1632b(i)) 922) is amended by striking “2018” and inserting “2023”.amended—

(1)
added by striking the section designation and all that follows through “From such sums” and inserting the following:

added “201. Loans for telephone service

added “From such sums”

(2)
added in the second sentence, by striking “associations:” and all that follows through “same subscribers.” and inserting “associations.”; and
(3)
added 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

changed Section 15751(a) 313(a) of title 40, United States Code, the Rural Electrification Act of 1936 (7 U.S.C. 940c(a)) is amended by striking “2018” and inserting “2023”.amended—

(1)
added in paragraph (1)—
(A)
added by striking “(1) In general.—The” and inserting the following:

added “(1) In general

added “(A) Development and promotion of program—The”

(B)
added by adding after and below the end the following:

added “(B) Termination—Effective on the date of enactment of this subparagraph, no deposits may be made under subparagraph (A).”

(2)
added in paragraph (2)—
(A)
added by striking “(2) Interest.—Amounts” and inserting the following:

added “(2) Interest

added “(A) In general—Amounts”

(B)
added by adding after and below the end the following:

added “(B) Reduction—Notwithstanding subparagraph (A), amounts in each cushion of credit account shall accrue interest to the borrower at a rate equal to—

added “(i) 4 percent per annum in fiscal year 2021; and

added “(ii) the then applicable 1-year Treasury rate thereafter.”

(3)
added in paragraph (3)—
(A)
added by striking “(3) Balance.—A” and inserting the following:

added “(3) Balance

added “(A) In general—A”

(B)
added by after and below the end the following:

added “(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.

added “(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).

added “(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)
added 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)”.

removed The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended—

(b)
changed by striking “or 2010 decennial census” and inserting “2010, or 2020 decennial census”;Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is amended—
(1)
added by striking all that precedes “shall maintain” and inserting the following:

added “(2) Rural economic development subaccount—The Secretary”

(2)
added by striking “the 5 percent” and all that follows through subparagraph (E) and inserting “5 percent.”.
(c)
changed Title III of such Act (7 U.S.C. 931–940h) is amended by striking “December 31, 2010,” and inserting “December 31, 2020,” ; andafter section 313A the following:

added “313B. Rural development loans and grants

added “(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.

added “(b) Repayments—In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation.

added “(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).

added “(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).

added “(e) Funding

added “(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.

added “(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.

added “(3) Other funds—In addition to the funds described in paragraphs (1) and (2), the Secretary shall use, without fiscal year limitation, to provide grants and loans under this section—

added “(A) the interest differential sums credited to the subaccount described in subsection (c); and

added “(B) subject to section 313A(e)(2), the fees described in subsection (c)(4) of such section.

added “(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)
changed by striking “year 2020” and inserting “year 2030”.Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1) is amended—
(1)
added in subsection (c)(4)—
(A)
added 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)
added in subparagraph (B), by striking “313(b)(2)(B)” and inserting “313(b)(2)”; and
(2)
added 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)
added
(1)
added 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)
added 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)
changed Programs under the Consolidated Farm and Rural Development Act—In general— Section 343(a)(13) 313A of the Consolidated Farm and Rural Development Electrification Act of 1936 (7 U.S.C. 1991(a)(13)), as amended by section 6218 of this Act, 940c–1) is amended—
(1)
changed in subparagraph (A), by striking “(H)” and inserting “(I)”; andsubsection (a)—
(A)
added by striking “Subject to” and inserting the following:

added “(1) Guarantees—Subject to”

(B)
added 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)
renumbered was (2)(4) by adding at the end the following:

added “(2) Terms—A bond or note guaranteed under this section shall, by agreement between the Secretary and the borrower—

added “(A) be for a term of 30 years (or another term of years that the Secretary determines is appropriate); and

added “(B) be repaid by the borrower—

added “(i) in periodic installments of principal and interest;

added “(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

added “(iii) through a combination of the methods described in clauses (i) and (ii).”

(2)
added in subsection (b)—
(A)
added 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)
added by striking paragraph (2);
(C)
added by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(D)
added in paragraph (2) (as so redesignated)—
(i)
added in subparagraph (A), by striking “for electrification or telephone purposes” and inserting “for eligible purposes described in subsection (a)(1)”; and
(ii)
added in subparagraph (C), by striking “subsection (a)” and inserting “subsection (a)(1)”; and
(3)
added in subsection (f), by striking “2018” and inserting “2023”.

removed “(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)
changed Rural broadband loans and guarantee program—Administration— Section 601(b)(3) 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. 950bb(b)(3)) is 940c–1) (as amended by adding at subsection (a)) under a Notice of Solicitation of Applications until the end date on which any regulations necessary to carry out the following:amendments made by subsection (a) are fully implemented.

removed “(C) 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 a “rural area”.”

(c)
removed 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:

removed “(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. 6506 Expansion of 911 access

added

added Section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e) is amended—

(1)
added in subsection (a)(2), by striking “commercial or transportation” and inserting “critical transportation-related”; and
(2)
added in subsection (d), by striking “2018” and inserting “2023”.

Sec. 6507 Cybersecurity and grid security improvements

added

added 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:

added “319. Cybersecurity and grid security improvements

added “(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.

added “(b) Loans and loan guarantees—The Secretary may make or guarantee loans under this title and title I for cybersecurity and grid security improvements.”

Sec. 6601 Elimination of unfunded programs

(a)
Consolidated Farm and Rural Development Act—
(1)
Repealers— The following provisions of the Consolidated Farm and Rural Development Act are hereby repealed:
(A)
Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B)
Section 310B(f) (7 U.S.C. 1932(f)).
(C)
Section 379 (7 U.S.C. 2008n).
(D)
Section 379A (7 U.S.C. 2008o).
(E)
Section 379C (7 U.S.C. 2008q).
(F)
Section 379D (7 U.S.C. 2008r).
(G)
Section 379F (7 U.S.C. 2008t).
(H)
Subtitle I (7 U.S.C. 2009dd–2009dd–7).
(2)
Conforming amendment— Section 333A(h) of such Act (7 U.S.C. 1983a(h)) is amended by striking “310B(f),”.
(b)
added Rural Electrification Act of 1936— Section 314 of the Rural Electrification Act of 1936 (7 U.S.C. 940d) is hereby repealed.
(b)
removed Rural Electrification Act of 1936—
(1)
removed In general— The following provisions of the Rural Electrification Act of 1936 are hereby repealed:
(A)
removed Section 314 (7 U.S.C. 940d).
(B)
removed Section 602 (7 U.S.C. 950bb–1).
(2)
removed Conforming amendment— Sections 604 and 605 of such Act, as added by sections 6102 and 6115 of this Act, are redesignated as sections 602 and 604, respectively, and section 602 (as so redesignated) is transferred to just after section 601 of the Rural Electrification Act of 1936.

Sec. 6602 Repeal of Rural Telephone Bank

(a)
Repeal— Title IV of the Rural Electrification Act of 1936 (7 U.S.C. 941–950b) is repealed.
(b)
Conforming amendments—
(1)
Section 18 of such Act (7 U.S.C. 918) is amended in each of subsections (a) and (b) by striking “and the Governor of the telephone bank”.
(2)
Section 204 of such Act (7 U.S.C. 925) is amended by striking “and the Governor of the telephone bank”.
(3)
Section 205(a) of such Act (7 U.S.C. 926) is amended—
(A)
in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; and
(B)
in paragraph (2), by striking “or the Governor of the telephone bank”.
(4)
Section 206(a) of such Act (7 U.S.C. 927(a)) is amended—
(A)
changed in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; andbank”;
(B)
changed in paragraph (4), by striking “or 408”.paragraph (1);
(C)
added in paragraph (4), by striking “or 408”; and
(D)
added by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.
(5)
Section 206(b) of such Act (7 U.S.C. 927(b)) is amended—
(A)
in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”;
(B)
in paragraph (1), by striking “, or a Rural Telephone Bank loan,”; and
(C)
in paragraph (2), by striking “, the Rural Telephone Bank,”.
(6)
Section 207(1) of such Act (7 U.S.C. 928(1)) is amended—
(A)
by striking “305,” and inserting “305 or”; and
(B)
by striking “, or a loan under section 408,”.
(7)
Section 301 of such Act (7 U.S.C. 931) is amended—
(A)
in paragraph (3), by striking “except for net collection proceeds previously appropriated for the purchase of class A stock in the Rural Telephone Bank,”;
(B)
by adding “or” at the end of paragraph (4);
(C)
by striking “; and” at the end of paragraph (5) and inserting a period; and
(D)
by striking paragraph (6).
(8)
Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) is amended—
(A)
in clause (i), by striking “and a loan under section 408”; and
(B)
in clause (ii), by striking “and under section 408” each place it appears.
(9)
Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C)) is amended by striking “and section 408(b)(4)(C), the Secretary and the Governor of the telephone bank” and inserting “the Secretary”.
(10)
Section 306 of such Act (7 U.S.C. 936) is amended by striking “the Rural Telephone Bank, National Rural Utilities Cooperative Finance Corporation,” and inserting “the National Rural Utilities Cooperative Finance Corporation”.
(11)
Section 309 of such Act (7 U.S.C. 739) is amended by striking the last sentence.
(12)
Section 2352(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 901 note) is amended by striking “the Rural Telephone Bank and”.
(13)
The first section of Public Law 92–12 (7 U.S.C. 921a) is repealed.
(14)
The first section of Public Law 92–324 (7 U.S.C. 921b) is repealed.
(15)
Section 1414 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 944a) is repealed.
(16)
Section 1411 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 948 notes) is amended by striking subsections (a) and (b).
(17)
Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended by striking “or a loan or loan commitment from the Rural Telephone Bank,”.
(18)
Section 105(d) of the National Consumer Cooperative Bank Act (12 U.S.C. 3015(d)) is amended by striking “the Rural Telephone Bank,”.
(19)
Section 9101 of title 31, United States Code, is amended—
(A)
in paragraph (2), by striking subparagraph (H) and redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively; and
(B)
changed in paragraph (3), by striking subparagraph 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. 6702 Corrections relating to the Rural Electrification Act of 1936

added Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended—

(1)
added in the 3rd sentence by striking “wildest” and inserting “widest”; and
(2)
added in the 6th sentence, by striking “centifies” and inserting “certifies”.
(a)
removed Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the 3rd sentence by striking “wildest” and inserting “widest”.
(b)
removed
(1)
removed Section 601(d)(8)(A)(ii)(V) of such Act (7 U.S.C. 950bb(d)(8)(A)(ii)(V)) is amended by striking the semicolon and inserting a period.
(2)
removed The amendment made by paragraph (1) shall take effect as if included in the enactment of section 6104(a)(2)(E) of the Agricultural Act of 2014 (Public Law 113–79).

Sec. 6801 Findings

removed

removed Congress finds the following:

(1)
removed 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)
removed These technologies allow farmers to collect data in real time about their fields, automate field management, and maximize resources.
(3)
removed 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)
removed 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)
removed The deployment of broadband Internet access service to unserved and underserved agricultural land is critical to the United States economy and to the continued leadership of the United States in global food production.
(6)
removed 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)
removed The Federal Communications Commission has an important role to play in the deployment of broadband Internet access service on unserved and underserved agricultural land to promote precision agriculture.

Sec. 6802 Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture

removed
(a)
removed Definitions— In this section—
(1)
removed the term broadband Internet access service has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation;
(2)
removed the term Commission means the Federal Communications Commission;
(3)
removed the term Department means the Department of Agriculture; and
(4)
removed the term Task Force means the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States established under subsection (b).
(b)
removed 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.
(c)
removed Duties—
(1)
removed 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—
(A)
removed identify and measure current gaps in the availability of broadband Internet access service on agricultural land;
(B)
removed 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;
(C)
removed promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture;
(D)
removed 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 subparagraph (B);
(E)
removed 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 existing or 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
(F)
removed recommend specific steps that the Commission should consider to ensure that the expertise of the Secretary and available farm data are reflected in existing or 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.
(2)
removed 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 paragraph (1).
(3)
removed 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.
(d)
removed Membership—
(1)
removed In general— The Task Force shall be—
(A)
removed composed of not more than 15 voting members who shall—
(i)
removed be selected by the Chairman of the Commission, in consultation with the Secretary; and
(ii)
removed include—
(I)
removed agricultural producers representing diverse geographic regions and farm sizes, including owners and operators of farms of less than 100 acres;
(II)
removed Internet service providers, including regional or rural fixed and mobile broadband Internet access service providers and telecommunications infrastructure providers;
(III)
removed representatives from the electric cooperative industry;
(IV)
removed representatives from the satellite industry;
(V)
removed representatives from precision agriculture equipment manufacturers, including drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies; and
(VI)
removed representatives from State and local governments; and
(B)
removed fairly balanced in terms of technologies, points of view, and fields represented on the Task Force.
(2)
removed Period of appointment; vacancies—
(A)
removed In general— A member of the Committee appointed under paragraph (1)(A) shall serve for a single term of 2 years.
(B)
removed Vacancies— Any vacancy in the Task Force—
(i)
removed shall not affect the powers of the Task Force; and
(ii)
removed shall be filled in the same manner as the original appointment.
(3)
removed Ex-officio member— The Secretary, or a designee of the Secretary, shall serve as an ex-officio, nonvoting member of the Task Force.
(e)
removed 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—
(1)
removed the status of fixed and mobile broadband Internet access service coverage of agricultural land;
(2)
removed the projected future connectivity needs of agricultural operations, farmers, and ranchers; and
(3)
removed 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.
(f)
removed Termination— The Commission shall renew the Task Force every 2 years until the Task Force terminates on January 1, 2025.

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)
changed by adding at the end the following new paragraph:following:

changed “(9) support international scientific collaboration that leverages resources and advances the priority food and agricultural interests of the United States.”States, such as—

added “(A) addressing emerging plant and animal diseases;

added “(B) improving crop varieties and animal breeds; and

added “(C) developing safe, efficient, and nutritious food systems.”

Sec. 7102 Matters related to certain school designations and declarations

(a)
added 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—
(a)
removed Study of food and agricultural sciences—
(1)
removed Amendment— Section 1404(14) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)) is amended—
(1)
renumbered was (2)(2)(3) by amending subparagraph (A) to read as follows:

“(A) In general

“(i) Definition—The terms NLGCA Institution and non-land-grant college of agriculture mean a public college or university offering a baccalaureate or higher degree in the study of agricultural sciences, forestry, or both in any area of study specified in clause (ii).

“(ii) Clarification—For purposes of clause (i), an area of study specified in this clause is any of the following:

“(I) Agriculture.

“(II) Agricultural business and management.

“(III) Agricultural economics.

“(IV) Agricultural mechanization.

“(V) Agricultural production operations.

“(VI) Aquaculture.

“(VII) Agricultural and food products processing.

“(VIII) Agricultural and domestic animal services.

“(IX) Equestrian or equine studies.

“(X) Applied horticulture or horticulture operations.

“(XI) Ornamental horticulture.

“(XII) Greenhouse operations and management.

“(XIII) Turf and turfgrass management.

“(XIV) Plant nursery operations and management.

“(XV) Floriculture or floristry operations and management.

“(XVI) International agriculture.

“(XVII) Agricultural public services.

“(XVIII) Agricultural and extension education services.

“(XIX) Agricultural communication or agricultural journalism.

“(XX) Animal sciences.

“(XXI) Food science.

“(XXII) Plant sciences.

“(XXIII) Soil sciences.

“(XXIV) Forestry.

“(XXV) Forest sciences and biology.

“(XXVI) Natural resources or conservation.

“(XXVII) Natural resources management and policy.

“(XXVIII) Natural resource economics.

“(XXIX) Urban forestry.

“(XXX) Wood science and wood products or pulp or paper technology.

“(XXXI) Range science and management.

added “(XXXII) Agricultural engineering.

added “(XXXIII) Any other area, as determined appropriate by the Secretary.”

removed “(XXXII) Agricultural engineering.”

(2)
renumbered was (2)(2)(4) in subparagraph (C)—
(A)
renumbered was (2)(2)(4)(2) in the matter preceding clause (i), by inserting “any institution designated under” after “include”;
(B)
renumbered was (2)(2)(4)(3) by striking clause (i); and
(C)
renumbered was (2)(2)(4)(4) in clause (ii)—
(i)
renumbered was (2)(2)(4)(4)(2) by striking “(ii) any institution designated under—”;
(ii)
renumbered was (2)(2)(4)(4)(3) by striking subclause (IV);
(iii)
renumbered was (2)(2)(4)(4)(4) in subclause (II), by adding “or” at the end;
(iv)
renumbered was (2)(2)(4)(4)(5) in subclause (III), by striking “; or” at the end and inserting a period; and
(v)
renumbered was (2)(2)(4)(4)(6) 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)
added Designation review—
(2)
removed Designation review—
(1)
renumbered was (2)(3)(2) 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.
(B)
removed Violation— An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked.
(b)
removed Termination of certain declarations of intent— Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended—
(2)
changed Revocation— An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in paragraph (5)(B), by striking “2018” and inserting “2023”; andcompliance shall have the designation of such institution revoked.
(2)
removed in paragraph (10)(C), by striking “2018” and inserting “2023”.

Sec. 7103 National Agricultural Research, Extension, Education, and Economics Advisory Board

Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended—

(1)
in subsection (b)—
(A)
in paragraph (1), by striking “25” and inserting “15”; and
(B)
by amending paragraph (3) to read as follows:

“(3) Membership categories—The Advisory Board shall consist of members from each of the following categories:

“(A) 3 members representing national farm or producer organizations, which may include members—

“(i) representing farm cooperatives;

“(ii) who are producers actively engaged in the production of a food animal commodity and who are recommended by a coalition of national livestock organizations;

“(iii) who are producers actively engaged in the production of a plant commodity and who are recommended by a coalition of national crop organizations; or

“(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of national aquacultural organizations.

“(B) 2 members representing academic or research societies, which may include members representing—

“(i) a national food animal science society;

“(ii) a national crop, soil, agronomy, horticulture, plant pathology, or weed science society;

“(iii) a national food science organization;

“(iv) a national human health association; or

“(v) a national nutritional science society.

“(C) 5 members representing agricultural research, extension, and education, which shall include each of the following:

“(i) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.).

“(ii) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.

“(iii) 1 member representing the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

“(iv) 1 member representing NLGCA Institutions or Hispanic-serving institutions.

changed “(v) 1 member representing the American Colleges colleges of Veterinary Medicine.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;

changed “(viii) a national social science association; orassociation;

changed “(ix) private sector organizations involved in international development.”development; or

added “(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));”

(iii)
changed in subparagraph (B), by striking clause (i) and inserting the following new clause:amending subparagraph (B) to read as follows:

changed “(i) “(B) the annual establishment of national priorities that are in accordance with the—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)).”

removed “(I) purposes specified in a provision of a covered law (as defined in subsection (d) of section 1492) under which competitive grants (described in subsection (c) of such section) are awarded; and

removed “(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”

(B)
in paragraph (2), by inserting “and make recommendations to the Secretary based on such evaluation” after “priorities”; and
(C)
in paragraph (4), by inserting “and make recommendations on” after “review”; and
(3)
in subsection (h), by striking “2018” and inserting “2023”.

Sec. 7106 Veterinary services grant program

changed The Secretary of Agriculture shall annually transmit to Congress a report on the allocations made to, and matching funds received by, eligible institutions pursuant to sections 1444 and 1445 Section 1415B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221, 3222).3151b) is amended—

(1)
added in subsection (d)(1), by adding at the end the following:

added “(F) To expose students in grades 11 and 12 to education and career opportunities in food animal medicine.”

(2)
added in subsection (h)—
(A)
added by striking the subsection designation and heading and inserting the following:

added “(h) Authorization of appropriations

added “(1) In general”

(B)
added by adding at the end the following:

added “(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. 7110 Next generation agriculture technology challenge

changed The Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by striking section 1425 (7 U.S.C. 3175).adding at the end the following:

added “1419C. Next generation agriculture technology challenge

added “(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)).

added “(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

changed Section 1433(c)(1) Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) 3151 et seq.), as amended by section 7110, is further amended by striking “2018” and inserting “2023”.adding at the end the following new section:

added “1419D. Land-grant designation

added “(a) Prohibition on designation

added “(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.

added “(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).

added “(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.

added “(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.

added “(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:

added “(1) Subsections (b), (c), and (d) of section 3 of the Smith-Lever Act (7 U.S.C. 343).

added “(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).

added “(3) Sections 1444, 1445, and 1447.

added “(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

added “(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

changed Effective on October 1, 2018, section 1444(a) Section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) 3175) is amended by striking paragraph (4).amended—

(1)
added by redesignating subsection (f) as subsection (g);
(2)
added by inserting after subsection (e) the following:

added “(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.”

(3)
added in subsection (g) (as so redesignated), by striking “2018” and inserting “2023”.

Sec. 7113 Continuing animal health and disease research programs

added 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”.

(a)
removed Extension— Section 1444(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(b)) is amended, in the matter following paragraph (2)(B), by adding at the end the following: “Beginning with fiscal year 2019, in making the calculation under paragraph (1), any recently designated 1890 Institution shall be deemed to have been designated as an eligible institution on or before September 30, 1978. For purposes of the preceding sentence, a “recently designated 1890 Institution” means an 1890 Institution designated as such on or after September 30, 1999.”.
(b)
removed Research— Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended— by adding at the end the following new paragraph:

removed “(3) Beginning with fiscal year 2019, in making the calculation under paragraph (2)(A), any recently designated 1890 Institution (as defined in section 1444(b)) shall be deemed to have been designated as an eligible institution on or before September 30, 1978.”

Sec. 7114 Carryover of funds for extension at 1890 land-grant colleges, including Tuskegee University

changed Subtitle G Section 1444(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amended by inserting after section 1445 (7 U.S.C. 3222) the following new section:striking paragraph (4).

removed “1446. Scholarships for students at 1890 institutions

removed “(a) In general

removed “(1) Scholarship grant program established—The Secretary shall establish and carry out a grant program to 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—

removed “(A) have been accepted for admission at such college or university;

removed “(B) will be enrolled at such college or university not later than one year after the date of such acceptance; and

removed “(C) intend to pursue a career in the food and agricultural sciences, including a career in—

removed “(i) agribusiness;

removed “(ii) energy and renewable fuels; or

removed “(iii) financial management.

removed “(2) Amount of grant—Each grant made under this section shall be in the amount of $1,000,000.

removed “(b) Authorization of appropriations—There is authorized to be appropriated to carry out this section $19,000,000 for each of fiscal years 2019 through 2023.”

Sec. 7115 Extension and agricultural research at 1890 land-grant colleges, including Tuskegee University

(a)
added 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)
added in the undesignated matter following paragraph (2)(B)—
(A)
added by striking “paragraph (2) of this subsection” and inserting “this paragraph”; and
(B)
added by striking “In computing” and inserting the following:

added “(C) In computing”

(2)
added in paragraph (2)—
(A)
added in subparagraph (B), by striking “Of the remainder” and inserting “Except as provided in paragraph (4), of the remainder”; and
(B)
added by striking “(2) any funds” and inserting the following:

added “(3) Additional amount—Any funds”

(3)
added in paragraph (1)—
(A)
added by striking “are allocated” and inserting “were allocated”; and
(B)
added by striking “; and” and inserting “, as so designated as of that date.”;
(4)
added by striking “(b) Beginning” in the matter preceding paragraph (1) and all that follows through “any funds” in paragraph (1) and inserting the following:

added “(b) Distribution of funds

added “(1) In general—Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.

added “(2) Base amount—Any funds”

(5)
added by adding at the end the following:

added “(4) Special amounts

added “(A) Definitions—In this paragraph:

added “(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).

added “(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.

added “(iii) Qualified eligible institution—The term qualified eligible institution means the eligible institution described in subparagraph (B)(i).

added “(B) Fiscal year 2019, 2020, 2021, or 2022

added “(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.

added “(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.

added “(C) Subsequent fiscal years

added “(i) Minimum additional funding amounts—Subject to clauses (ii) and (iii), for each fiscal year following the covered fiscal year—

added “(I) the qualified eligible institution shall receive an allocation under this subsection of at least $3,000,000; and

added “(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.

added “(ii) Shortfall of special amounts

added “(I) Applicability—This clause shall apply to any fiscal year following the covered fiscal year and for which the total amount appropriated under this section is insufficient to provide for the minimum additional funding amounts described in clause (i).

added “(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.

added “(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)
added 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)
added in paragraph (2)—
(A)
added by adding at the end the following:

added “(D) Special amounts

added “(i) Definitions—In this subparagraph:

added “(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).

added “(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.

added “(III) Qualified eligible institution—The term qualified eligible institution means the eligible institution described in clause (ii)(I).

added “(ii) Fiscal year 2019, 2020, 2021, or 2022

added “(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.

added “(II) Limitation—Subclause (I) shall apply only if amounts are appropriated under this section in an amount sufficient to provide that each other eligible institution receiving an allocation of funds under this section for fiscal year 2019, 2020, 2021, or 2022, as applicable, receives not less than the amount of funds received by that other eligible institution under this section for the preceding fiscal year.

added “(iii) Subsequent fiscal years

added “(I) Minimum additional funding amounts—Subject to subclauses (II) and (III), for each fiscal year following the covered fiscal year—

added “(aa) the qualified eligible institution shall receive an allocation under this paragraph of at least $3,000,000; and

added “(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.

added “(II) Shortfall of special amounts

added “(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).

added “(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.

added “(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)
added in subparagraph (B), by striking “(B) Of funds” and inserting the following:

added “(C) Additional amount—Except as provided in subparagraph (D), of funds”

(C)
added in subparagraph (A)—
(i)
added by striking “are allocated” and inserting “were allocated”;
(ii)
added by inserting “, as so designated as of that date” before the period at the end; and
(iii)
added by striking “(A) Funds” and inserting the following:

added “(B) Base amount—Funds”

(D)
added in the matter preceding subparagraph (B) (as so designated), by striking “(2) The” and all that follows through “follows:” and inserting the following:

added “(3) Distributions

added “(A) In general—After allocating amounts under paragraph (2), the remainder shall be allotted among the eligible institutions in accordance with this paragraph.”

(2)
added in paragraph (1), by striking “(1) Three per centum” and inserting the following:

added “(2) Administration—3 percent”

(3)
added in the matter preceding paragraph (2) (as so designated), by striking “(b) Beginning” and all that follows through “follows:” and inserting the following:

added “(b) Distribution of funds

added “(1) In general—Funds made available under this section shall be distributed among eligible institutions in accordance with this subsection.”

removed 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. 7116 Reports on disbursement of funds for agricultural research and extension at 1862 and 1890 land-grant colleges, including Tuskegee University

changed Section 1447B(d) 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 National Agricultural Research, Extension, and Teaching Policy Education Reform Act of 1977 1998 (7 U.S.C. 3222b–2(d)) is amended by striking “2018” 7601) for each of the agricultural research, extension, education, and inserting “2023”.related programs established under—

(1)
added section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);
(2)
added section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222);
(3)
added subsections (b) and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343); and
(4)
added the Hatch Act of 1887 (7 U.S.C. 361a et seq.).

Sec. 7117 Scholarships for students at 1890 institutions

changed Section 1455(c) Subtitle G 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”.after section 1445 (7 U.S.C. 3222) the following new section:

added “1446. Scholarships for students at 1890 institutions

added “(a) In general

added “(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—

added “(A) have been accepted for admission at such college or university;

added “(B) will be enrolled at such college or university not later than one year after the date of such acceptance; and

added “(C) intend to pursue a career in the food and agricultural sciences, including a career in—

added “(i) agribusiness;

added “(ii) energy and renewable fuels; or

added “(iii) financial management.

added “(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.

added “(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.

added “(4) Amount of grant—Each grant made under this section shall be in an amount of not less than $500,000.

added “(b) Funding

added “(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.

added “(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.

added “(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.

added “(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—

added “(1) the amount of funds provided to each eligible college or university under this section;

added “(2) the number of scholarships awarded under each grant each fiscal year; and

added “(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

changed Subtitle C Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) 3222b(b)) is amended by adding at the end the following new section:striking “2018” and inserting “2023”.

removed “1419C. Land-grant designation

removed “(a) In general—Notwithstanding any other provision of law, 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.

removed “(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.

removed “(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:

removed “(1) Subsections (b), (c), and (d) of section 3 of the Smith-Lever Act (7 U.S.C. 343).

removed “(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).

removed “(3) Sections 1444, 1445, and 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221; 3222; 3222b).

removed “(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

removed “(d) Exception—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. 7119 Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions

changed Section 1459A(c)(2) 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) 3222b–2(d)) is amended by striking “2018” and inserting “2023”.

Sec. 7120 New Beginning for Tribal Students

changed Section 1462 Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310) 3221 et seq.) is amended—amended by adding at the end the following:

added “1450. New Beginning for Tribal Students

added “(a) Definitions—In this section:

added “(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)).

added “(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)).

added “(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.

added “(b) New beginning initiative

added “(1) Authorization—The Secretary may make competitive grants to land-grant colleges and universities to provide identifiable support specifically targeted for Tribal students.

added “(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.

added “(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—

added “(A) recruiting;

added “(B) tuition and related fees;

added “(C) experiential learning; and

added “(D) student services, including—

added “(i) tutoring;

added “(ii) counseling;

added “(iii) academic advising; and

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.”

(1)
removed in subsection (a), by striking “22 percent” and inserting “30 percent”;
(2)
removed in subsection (b), by striking “Subsection (a)” and inserting “Subsections (a) and (c)”; and
(3)
removed by adding at the end the following:

removed “(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. 7121 Hispanic-serving institutions

changed The 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 after section 1462 (7 U.S.C. 3310) the following new section:“2023”.

removed “1462A. Research equipment grants

removed “(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.

removed “(b) Maximum amount—The amount of a grant made to an eligible institution under this section may not exceed $500,000.

removed “(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—

removed “(1) charged as an indirect cost against another Federal grant; or

removed “(2) included as part of the indirect cost pool for purposes of calculating the indirect cost rate of an eligible institution.

removed “(d) Eligible institutions defined—In this section, the term eligible institution means—

removed “(1) a college or university; or

removed “(2) a State cooperative institution.

removed “(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. 7122 Binational agricultural research and development

changed Section 1463 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) 3291(e)) is amended by striking “2018” each place it appears in subsections (a) and (b) and inserting “2023”.amended—

(1)
added in the subsection heading, by striking “Full payment of funds made available for certain” and inserting “Certain” ;
(2)
added by striking “Notwithstanding” and inserting the following:

added “(1) Full payment of funds—Notwithstanding”

(3)
added in paragraph (1) (as so designated)—
(A)
added by striking “Israel-United States” and inserting “United States-Israel”; and
(B)
added by inserting “(referred to in this subsection as the “BARD Fund”)” after “Development Fund”; and
(4)
added by adding at the end the following:

added “(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—

added “(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

added “(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

changed Section 1464 of the The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking “2018” and inserting “2023”.after section 1458 (7 U.S.C. 3291) the following:

added “1458A. Partnerships to build capacity in international agricultural research, extension, and teaching

added “(a) Definitions—In this section:

added “(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).

added “(2) Covered Institution—The term covered Institution means—

added “(A) an 1862 Institution;

added “(B) an 1890 Institution;

added “(C) a 1994 Institution;

added “(D) an NLGCA Institution;

added “(E) a Hispanic-serving agricultural college or university; and

added “(F) a cooperating forestry school.

added “(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.

added “(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.

added “(b) Authority of the Secretary—The Secretary may promote cooperation and coordination between covered Institutions and international partner institutions through—

added “(1) improving extension by—

added “(A) encouraging the exchange of research materials and results between covered Institutions and international partner institutions;

added “(B) facilitating the broad dissemination of agricultural research through extension; and

added “(C) assisting with efforts to plan and initiate extension services in developing countries;

added “(2) improving agricultural research by—

added “(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

added “(B) supporting and strengthening national agricultural research systems in developing countries;

added “(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;

added “(4) improving agricultural teaching and education by—

added “(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

added “(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;

added “(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;

added “(6) providing support for the internationalization of resident instruction programs of covered Institutions;

added “(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

added “(8) establishing a program to provide fellowships to students at covered Institutions to study at foreign agricultural colleges and universities.

added “(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—

added “(1) to carry out the activities described in subsection (b); and

added “(2) to make a substantial contribution to the cause of improved food and agricultural progress throughout the world.

added “(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

changed Section 1473D 1459A(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) 3292b(c)(2)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in subsection (a)—
(A)
removed by striking “2018” and inserting “2023”; and
(B)
removed by striking “crops,” and inserting “crops (including canola),”;
(2)
removed in subsection (b)—
(A)
removed by inserting “for agronomic rotational purposes and for use as a habitat for honey bees and other pollinators” after “alternative crops”; and
(B)
removed by striking “commodities whose” and all that follows through the period at the end and inserting “commodities.”; and
(3)
removed in subsection (e)(2), by striking “2018” and inserting “2023”.

Sec. 7125 Limitation on indirect costs for agricultural research, education, and extension programs

changed Section 1473F(b) 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) 3310) is amended by striking “2018” and inserting “2023”.amended—

(1)
added in subsection (a), by striking “22 percent” and inserting “30 percent”;
(2)
added in subsection (b), by striking “Subsection (a)” and inserting “Subsections (a) and (c)”; and
(3)
added by adding at the end the following:

added “(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

changed Section 1477(a)(2) of the 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”.after section 1462 (7 U.S.C. 3310) the following new section:

added “1462A. Research equipment grants

added “(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.

added “(b) Maximum amount—The amount of a grant made to an eligible institution under this section may not exceed $500,000.

added “(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—

added “(1) charged as an indirect cost against another Federal grant; or

added “(2) included as part of the indirect cost pool for purposes of calculating the indirect cost rate of an eligible institution.

added “(d) Eligible institutions defined—In this section, the term eligible institution means—

added “(1) a college or university; or

added “(2) a State cooperative institution.

added “(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

changed Section 1483(a)(2) 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) 3311) is amended by striking “2018” each place it appears in subsections (a) and (b) and inserting “2023”.

Sec. 7128 Extension service

changed Section 1484 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) 3312) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in subsection (a)—
(A)
removed in paragraph (1), by striking “and” at the end;
(B)
removed in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
removed by adding at the end the following new paragraph:

removed “(3) $30,000,000 for each of fiscal years 2019 through 2023.”

(2)
removed in subsection (b)—
(A)
removed in the matter preceding paragraph (1), by inserting “and cooperative agreements” after “competitive grants”;
(B)
removed in paragraph (3), by striking “make competitive grants” and inserting “award competitive grants and cooperative agreements”; and
(C)
removed by adding at the end the following new paragraph:

removed “(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. 7129 Supplemental and alternative crops; hemp

added Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended—

(a)
removed 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”.
(1)
changed 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”.in subsection (a)—
(A)
added by striking “2018” and inserting “2023”; and
(B)
added by striking “crops,” and inserting “crops (including canola),”;
(2)
added in subsection (b)—
(A)
added by inserting “for agronomic rotational purposes and as a habitat for honey bees and other pollinators” after “alternative crops”; and
(B)
added by striking “commodities whose” and all that follows through the period at the end and inserting “commodities.”;
(3)
added 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)
added in subsection (e)—
(A)
added in paragraph (1), by striking “and” at the end;
(B)
added in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following new paragraph:

added “(3) $2,000,000 for each of fiscal years 2019 through 2023.”

Sec. 7130 New Era Rural Technology program

changed Section 1492(d) 1473E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371(d)) 3319e) is amended by striking paragraph (5).amended—

(1)
added in subsection (b)(1)(B)—
(A)
added in clause (ii), by striking “and” at the end;
(B)
added in clause (iii), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(iv) precision agriculture.”

(2)
added in subsection (d), by striking “2008 through 2012” and inserting “2019 through 2023”.

Sec. 7131 Capacity building grants for NLGCA Institutions

added

added 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

added

added 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:

added “1473H. Agriculture advanced research and development authority pilot

added “(a) Definitions—In this section:

added “(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—

added “(A) targeted acceleration of novel, early stage innovative agricultural research with promising technology applications and products; or

added “(B) development of qualified products and projects, agricultural technologies, or innovative research tools, which may include—

added “(i) prototype testing, preclinical development, or field experimental use;

added “(ii) assessing and assisting with product approval, clearance, or need for a license under an applicable law, as determined by the Director; or

added “(iii) manufacturing and commercialization of a product.

added “(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.

added “(3) Director—The term “Director” means the Director of the Agriculture Advanced Research and Development Authority established under subsection (b)(1).

added “(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).

added “(5) Person—The term “person” means—

added “(A) an individual;

added “(B) a partnership;

added “(C) a corporation;

added “(D) an association;

added “(E) an entity;

added “(F) a public or private corporation;

added “(G) a Federal, State, or local government agency or department; and

added “(H) an institution of higher education, including a land-grant college or university and a non-land-grant college of agriculture.

added “(6) Qualified product or project—The term “qualified product or project” means—

added “(A) engineering, mechanization, or technology improvements that will address challenges relating to growing, harvesting, handling, processing, storing, packing, and distribution of agricultural products;

added “(B) plant disease or plant pest recovery countermeasures to intentional or unintentional biological threats (including naturally occurring threats), including—

added “(i) replacement or resistant plant cultivars or varieties;

added “(ii) other enhanced management strategies, including novel chemical, biological, or cultural approaches; or

added “(iii) diagnostic or surveillance technology; and

added “(C) veterinary countermeasures to intentional or unintentional biological threats (including naturally occurring threats), including—

added “(i) animal vaccine or therapeutic products (including anti-infective products); or

added “(ii) diagnostic or surveillance technology.

added “(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.

added “(b) Agriculture advanced research and development authority

added “(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.

added “(2) Goals—The goals of the AGARDA are—

added “(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;

added “(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;

added “(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

added “(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.

added “(3) Leadership

added “(A) In general—The AGARDA shall be a component of the Office of the Chief Scientist.

added “(B) Director

added “(i) In general—The AGARDA shall be headed by a Director, who shall be appointed by the Chief Scientist.

added “(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—

added “(I) qualified products and projects;

added “(II) agricultural technologies;

added “(III) research tools; and

added “(IV) challenges relating to the matters described in subclauses (I) through (III).

added “(iii) Relationship within the Department of Agriculture—The Director shall report to the Chief Scientist.

added “(4) Duties—To achieve the goals described in paragraph (2), the Secretary, acting through the Director, shall accelerate advanced research and development by—

added “(A) identifying and promoting advances in basic sciences;

added “(B) translating scientific discoveries and inventions into technological innovations;

added “(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;

added “(D) conducting ongoing searches for, and support calls for, potential advanced research and development of agricultural technologies, qualified products and projects, and research tools;

added “(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;

added “(F) establishing issue-based multidisciplinary teams to reduce the time and cost of solving specific problems that—

added “(i) are composed of representatives from Federal and State agencies, professional groups, academia, and industry;

added “(ii) seek novel and effective solutions; and

added “(iii) encourage data sharing and translation of research to field use; and

added “(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.

added “(5) Priority—In awarding grants and entering into contracts, cooperative agreements, or other transactions under paragraph (4)(E), the Secretary shall give priority to projects that accelerate the advanced research and development of qualified products and projects that—

added “(A) address critical research and development needs for technology for specialty crops; or

added “(B) prevent, protect, and prepare against intentional and unintentional threats to agriculture and food.

added “(6) Other transaction authorities

added “(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.

added “(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.

added “(C) Guidelines—The Secretary shall establish guidelines regarding the use of the authority under subparagraph (A).

added “(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)).

added “(7) Availability of data

added “(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.

added “(B) Exemption from disclosure

added “(i) In general—This subparagraph shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code.

added “(ii) Exemption—The following information shall be exempt from disclosure under section 552 of title 5, United States Code, and withheld from the public:

added “(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.

added “(II) Trade secrets or commercial or financial information that is privileged or confidential (within the meaning of section 552(b)(4) of title 5, United States Code) and obtained in the conduct of research or as a result of activities under this section from a non-Federal party participating in a contract, grant, cooperative agreement, or other transaction under this section.

added “(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.

added “(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—

added “(A) use milestone-based awards and payments; and

added “(B) terminate a project for not meeting technical milestones.

added “(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).

added “(10) Report and evaluation

added “(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.

added “(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—

added “(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;

added “(ii) describing the extent to which the AGARDA is achieving the goals described in paragraph (2); and

added “(iii) including a recommendation on whether the AGARDA should be continued, terminated, or expanded.

added “(c) Strategic plan

added “(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—

added “(A) to make determinations for future investments during the period of effectiveness of this section; and

added “(B) to achieve the goals described in subsection (b)(2).

added “(2) Dissemination—The Secretary shall disseminate the information contained in the strategic plan under paragraph (1) to persons who may have the capacity to substantially contribute to the activities described in that strategic plan.

added “(3) Coordination; consultation—The Secretary shall—

added “(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

added “(B) in developing the strategic plan under paragraph (1), consult with—

added “(i) the National Agricultural Research, Extension, Education, and Economics Advisory Board established under section 1408(a);

added “(ii) the specialty crops committee established under section 1408A(a)(1);

added “(iii) relevant agriculture research agencies of the Federal Government;

added “(iv) the National Academies of Sciences, Engineering, and Medicine;

added “(v) the National Veterinary Stockpile Intra-Government Advisory Committee for Strategic Steering; and

added “(vi) other appropriate parties, as determined by the Secretary.

added “(d) Funds

added “(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—

added “(A) for the purpose of carrying out this section; and

added “(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.

added “(2) Deposits into fund

added “(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.

added “(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.

added “(C) Clarification—Nothing in this paragraph authorizes the use of the funds of the Commodity Credit Corporation to carry out this section.

added “(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.

added “(e) Termination of effectiveness

added “(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.

added “(2) Exceptions—Paragraph (1) shall not apply with respect to—

added “(A) subsection (b)(7)(B); and

added “(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

added

added 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

added

added 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

added

added Section 1484 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended—

(1)
added in subsection (a)—
(A)
added in paragraph (1), by striking “and” at the end;
(B)
added in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following new paragraph:

added “(3) $30,000,000 for each of fiscal years 2019 through 2023.”

(2)
added in subsection (b)—
(A)
added in the matter preceding paragraph (1), by inserting “and cooperative agreements” after “competitive grants”;
(B)
added in paragraph (3), by striking “make competitive grants” and inserting “award competitive grants and cooperative agreements”; and
(C)
added by adding at the end the following new paragraph:

added “(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

added
(a)
added 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)
added Resident instruction grants for insular areas— Section 1491(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended by striking “2018” and inserting “2023”.

Sec. 7205 National strategic germplasm and cultivar collection assessment and utilization plan

(a)
added In general— Section 1632(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended—
(1)
added in paragraph (5), by striking “and” at the end;
(2)
added by redesignating paragraph (6) as paragraph (7); and
(3)
added by inserting after paragraph (5) the following:

added “(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)
added 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:

added “(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.”

removed Section 1635(b)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5844(b)(2)) is amended by striking “2018” and inserting “2023”.

Sec. 7206 National Genetics Resources Program

(a)
added Advisory council— Section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended—
(1)
added in subsection (a)—
(A)
added in the first sentence, by striking “The Secretary” and inserting the following:

added “(1) In general—The Secretary”

(B)
added in the second sentence of paragraph (1) (as so designated), by striking “The advisory” and inserting the following:

added “(2) Membership—The advisory”

(C)
added in paragraph (2) (as so designated), by striking “nine” and inserting “13”; and
(D)
added by adding at the end the following:

added “(3) Recommendations

added “(A) In general—In making recommendations under paragraph (1), the advisory council shall include recommendations on—

added “(i) the state of public cultivar development, including—

added “(I) an analysis of existing cultivar research investments;

added “(II) the research gaps relating to the development of cultivars across a diverse range of crops; and

added “(III) an assessment of the state of commercialization of federally funded cultivars;

added “(ii) the training and resources needed to meet future breeding challenges;

added “(iii) the appropriate levels of Federal funding for cultivar development for underserved crops and geographic areas; and

added “(iv) the development of the plan described in section 1632(d)(6).”

(2)
added in subsection (c)—
(A)
added in paragraph (1)—
(i)
added by striking “Two-thirds” and inserting “6”; and
(ii)
added by inserting “economics and policy,” after “agricultural sciences,”;
(B)
added in paragraph (2)—
(i)
added by striking “One-third” and inserting “3”; and
(ii)
added by inserting “community development,” after “public policy,”; and
(C)
added by adding at the end the following:

added “(3) 4 of the members shall be appointed from among individuals with expertise in public cultivar and animal breed development.

added “(4) 4 of the members shall be appointed from among individuals representing—

added “(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

added “(B) 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

added “(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

added “(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)
added 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”.

removed 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. 7207 National Agricultural Weather Information System

changed Section 1671 1641(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) 5855(c)) is amended—amended by striking “2018” and inserting “2023”.

(1)
removed in the section heading, by inserting “to phenome” after “genome”;
(2)
removed by amending subsection (a) to read as follows:

removed “(a) Goals—The goals of this section are—

removed “(1) to expand knowledge concerning genomes and phenomes of crops of importance to United States agriculture;

removed “(2) to understand how variable weather, environments, and production systems impact the growth and productivity of specific varieties of crops, thereby providing greater accuracy in predicting crop performance under variable growing conditions;

removed “(3) to support research that leverages plant genomic information with phenotypic and environmental data through an interdisciplinary framework, leading to a novel understanding of plant processes that affect crop growth, productivity, and the ability to predict crop performance, resulting in the deployment of superior varieties to growers and improved crop management recommendations for farmers;

removed “(4) to promote and coordinate research linking genomics and predictive phenomics at different sites nationally to achieve advances in crops that generate societal benefits;

removed “(5) to combine fields such as genetics, genomics, plant physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering;

removed “(6) to focus on crops that will yield scientifically important results that will enhance the usefulness of many other crops;

removed “(7) to build on genomic research, such as the Plant Genome Research Project, to understand gene function in production environments that are expected to have considerable payoffs for crops of importance to United States agriculture;

removed “(8) to develop improved data analytics to enhance understanding of the biological function of crop genes;

removed “(9) 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

removed “(10) to encourage international partnerships with each partner country responsible for financing its own research.”

(3)
removed by amending subsection (b) to read as follows:

removed “(b) Duties of Secretary—The Secretary of Agriculture shall conduct a research initiative (to be known as the “Agricultural Genome to Phenome Initiative”) for the purpose of—

removed “(1) studying agriculturally significant crops in production environments to achieve sustainable and secure agricultural production;

removed “(2) ensuring that current gaps in existing knowledge of agricultural crop genetics and phenomics knowledge are filled;

removed “(3) identifying and developing a functional understanding of agronomically relevant genes from crops of importance to United States agriculture;

removed “(4) ensuring future genetic improvement of crops of importance to United States agriculture;

removed “(5) studying the relevance of diverse germplasm as a source of unique genes that may be of importance to United States agriculture in the future;

removed “(6) enhancing crop genetics to reduce the economic impact of plant pathogens on crops of importance to United States agriculture; and

removed “(7) disseminating findings to relevant audiences.”

(4)
removed in subsection (c)(1), by inserting “, acting through the National Institute of Food and Agriculture,” after “The Secretary”;
(5)
removed in subsection (e), by inserting “to Phenome” after “Genome”; and
(6)
removed by adding at the end the following new subsection:

removed “(f) Authorization of appropriations—There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2019 through 2023.”

Sec. 7208 Agricultural genome to phenome initiative

changed Section 1672 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) 5924) is amended—

(1)
changed in subsection (d)—the section heading, by inserting “to phenome” after “genome”;
(A)
removed in paragraph (8)—
(i)
removed in the heading, by striking “Alfalfa and forage” and inserting “Alfalfa seed and alfalfa forage systems”;
(ii)
removed by striking “alfalfa and forage” and inserting “alfalfa seed and alfalfa forage systems”; and
(iii)
removed by striking “alfalfa and other forages, and” and inserting “alfalfa seed and other alfalfa forage”; and
(B)
removed by adding at the end the following new paragraphs:

removed “(11) Macadamia tree health initiative—Research and extension grants may be made under this section for the purposes of—

removed “(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and

removed “(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid.

removed “(12) National turfgrass research initiative—Research and extension grants may be made under this section for the purposes of—

removed “(A) carrying out or enhancing research related to turfgrass and sod issues;

removed “(B) enhancing production and uses of turfgrass for the general public;

removed “(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;

removed “(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas;

removed “(E) producing turfgrasses that—

removed “(i) aid in mitigating soil erosion;

removed “(ii) protect against pollutant runoff into waterways; or

removed “(iii) provide other environmental benefits;

removed “(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;

removed “(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and

removed “(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests.

removed “(13) Fertilizer management initiative

removed “(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—

removed “(i) to maximize crop yield; and

removed “(ii) to minimize nutrient losses to surface and groundwater and the atmosphere.

removed “(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.

removed “(14) Cattle fever tick program—Research and extension grants may be made under this section to study cattle fever ticks—

removed “(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;

removed “(B) to develop advanced methods for eradication of cattle fever ticks, including—

removed “(i) alternative treatment methods for cattle and other susceptible species;

removed “(ii) field treatment for premises, including corral pens and pasture loafing areas;

removed “(iii) methods for treatment and control on infested wildlife;

removed “(iv) biological control agents; and

removed “(v) new and improved vaccines;

removed “(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks;

removed “(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health;

removed “(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and

removed “(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices.

removed “(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.

removed “(16) Chronic wasting disease—Research and extension grants may be made under this section for projects relating to treating, mitigating, or eliminating chronic wasting disease.

removed “(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).”

(2)
changed in subsection (e)(5), by striking “2018” subsection (a) and inserting “2023”;the following:

added “(a) Goals—The goals of this section are—

added “(1) to expand knowledge concerning genomes and phenomes of crops and animals of importance to the agriculture sector of the United States;

added “(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;

added “(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;

added “(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;

added “(5) to combine fields such as genetics, genomics, plant physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering;

added “(6) to combine fields such as genetics, genomics, animal physiology, meat science, animal nutrition, and veterinary science with computation and informatics, statistics, and engineering;

added “(7) to focus on crops and animals that will yield scientifically important results that will enhance the usefulness of many other crops and animals;

added “(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;

added “(9) to develop improved data analytics to enhance understanding of the biological function of genes;

added “(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

added “(11) to encourage international partnerships with each partner country responsible for financing its own research.”

(3)
changed in subsection (f)(5), by striking “2018” subsection (b) and inserting “2023”;the following:

added “(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—

added “(1) studying agriculturally significant crops and animals in production environments to achieve sustainable and secure agricultural production;

added “(2) ensuring that current gaps in existing knowledge of agricultural crop and animal genetics and phenomics are filled;

added “(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;

added “(4) ensuring future genetic improvement of crops and animals of importance to the agriculture sector of the United States;

added “(5) studying the relevance of diverse germplasm as a source of unique genes that may be of importance in the future;

added “(6) enhancing genetics to reduce the economic impact of pathogens on crops and animals of importance to the agriculture sector of the United States;

added “(7) disseminating findings to relevant audiences; and

added “(8) otherwise carrying out this section.”

(4)
changed in subsection (g), (c)(1), by striking “2018” each place it appears and inserting “2023”; and“, acting through the National Institute of Food and Agriculture,” after “The Secretary”;
(5)
changed in subsection (h), (e), by striking “2018” and inserting “2023”.“to Phenome” after “Genome”; and
(6)
added by adding at the end the following:

added “(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

changed Section 1672B 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) 5925) is amended—

(1)
changed in subsection (a)(7), by inserting “, soil health,” after “conservation”; and(d)—
(A)
added in paragraph (8)—
(i)
added in the heading, by striking “Alfalfa and forage” and inserting “Alfalfa seed and alfalfa forage systems”;
(ii)
added by striking “alfalfa and forage” and inserting “alfalfa seed and alfalfa forage systems”; and
(iii)
added by striking “alfalfa and other forages, and” and inserting “alfalfa seed and other alfalfa forage”; and
(B)
added by adding at the end the following new paragraphs:

added “(11) Macadamia tree health initiative—Research and extension grants may be made under this section for the purposes of—

added “(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and

added “(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid.

added “(12) National turfgrass research initiative—Research and extension grants may be made under this section for the purposes of—

added “(A) carrying out or enhancing research related to turfgrass and sod issues;

added “(B) enhancing production and uses of turfgrass for the general public;

added “(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;

added “(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas;

added “(E) producing turfgrasses that—

added “(i) aid in mitigating soil erosion;

added “(ii) protect against pollutant runoff into waterways; or

added “(iii) provide other environmental benefits;

added “(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;

added “(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and

added “(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests.

added “(13) Fertilizer management initiative

added “(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—

added “(i) to maximize crop yield; and

added “(ii) to minimize nutrient losses to surface and groundwater and the atmosphere.

added “(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.

added “(14) Cattle fever tick program—Research and extension grants may be made under this section to study cattle fever ticks—

added “(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;

added “(B) to develop advanced methods for eradication of cattle fever ticks, including—

added “(i) alternative treatment methods for cattle and other susceptible species;

added “(ii) field treatment for premises, including corral pens and pasture loafing areas;

added “(iii) methods for treatment and control on infested wildlife;

added “(iv) biological control agents; and

added “(v) new and improved vaccines;

added “(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks;

added “(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health;

added “(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and

added “(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices.

added “(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.

added “(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.

added “(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).

added “(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.

added “(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.

added “(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)
changed in subsection (e)—(e)(5), by striking “2018” and inserting “2023”;
(3)
added in subsection (f)(5), by striking “2018” and inserting “2023”;
(4)
added in subsection (g)—
(A)
added in paragraphs (1)(B), (2)(B), and (3), by striking “2018” each place it appears and inserting “2023”;
(B)
added by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(C)
added by inserting after paragraph (3) the following new paragraph:

added “(4) Enhanced coordination of honeybee and pollinator research

added “(A) In general—The Chief Scientist of the Department of Agriculture shall coordinate research, extension, education, and economic activities in the Department of Agriculture relating to native and managed pollinator health and habitat.

added “(B) Duties—In carrying out subparagraph (A), the Chief Scientist shall—

added “(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;

added “(ii) implement and coordinate pollinator health research efforts of the Department, as recommended by the Pollinator Health Task Force;

added “(iii) establish annual strategic priorities and goals for the Department for native and managed pollinator research;

added “(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

added “(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.

added “(C) Research—In coordinating research activities under subparagraph (A), the Chief Scientist shall ensure that such research—

added “(i) identifies and addresses the multiple stressors on pollinator health, including pests and pathogens, reduced habitat, lack of nutritional resources, and exposure to pesticides;

added “(ii) evaluates stewardship and management practices of managed pollinators that would impact managed pollinator health;

added “(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;

added “(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;

added “(v) evaluates and reports on the health differences of managed pollinators in—

added “(I) crops not requiring contract pollination;

added “(II) crops requiring contract pollination; and

added “(III) native habitat;

added “(vi) evaluates the impact of horticultural and agricultural pest management practices on native and managed pollinator colonies in diverse agroecosystems;

added “(vii) documents pesticide residues that are—

added “(I) found in native and managed pollinator colonies; and

added “(II) associated with typical localized commercial crop pest management practices;

added “(viii) with respect to native and managed pollinator colonies visiting crops for crop pollination or honey production purposes, documents—

added “(I) the strength and health of such colonies;

added “(II) the survival, growth, reproduction, and production of such colonies;

added “(III) pests, pathogens, and viruses that affect such colonies;

added “(IV) environmental conditions of such colonies;

added “(V) beekeeper practices; and

added “(VI) any other relevant information, as determined by the Chief Scientist;

added “(ix) documents, with respect to healthy populations of managed pollinators, best management practices and other practices for managed pollinators and crop managers;

added “(x) evaluates the effectiveness of—

added “(I) conservation practices that target the specific needs of native and managed pollinator habitats;

added “(II) incentives that allow for the expansion of native and managed pollinator forage acreage; and

added “(III) managed pollinator breeding practices and efforts to, with respect to managed pollinators, avoid creating a genetic bottleneck and improve genetic diversity;

added “(xi) in the case of commercially managed pollinator colonies, continues to gather data—

added “(I) on an annual basis with respect to losses of such colonies, splits of such colonies, and the total number of pollinator colonies;

added “(II) on rising input costs; and

added “(III) overall economic value to the food economy; and

added “(xii) addresses any other issue relating to native and managed pollinators, as determined by the Chief Scientist, in consultation with scientific experts.

added “(D) Publication—The Chief Scientist, to the maximum extent practicable, shall—

added “(i) make publicly available the results of the research described in subparagraph (C); and

added “(ii) in the case of the research described in subparagraph (C)(vi), publish any data or reports that were produced by the Department of Agriculture but not made publicly available during the period beginning on January 1, 2008, and ending on the date of the enactment of the Agriculture Improvement Act of 2018.”

(5)
added in subsection (h), by striking “2018” and inserting “2023”.
(A)
removed in paragraph (1)—
(i)
removed in subparagraph (B), by striking “and” at the end;
(ii)
removed in subparagraph (C), by striking the period at the end and inserting “; and”; and
(iii)
removed by adding at the end the following new subparagraph:

removed “(D) $30,000,000 for each of fiscal years 2019 through 2023.”

(B)
removed in paragraph (2)—
(i)
removed in the paragraph heading, by striking “for fiscal years 2014 through 2018”; and
(ii)
removed by striking “2018” and inserting “2023”.

Sec. 7210 Organic agriculture research and extension initiative

changed Section 1672D 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f) 5925b) is amended—

(1)
changed by amending in subsection (a) to read as follows:(a)—
(A)
added in the matter preceding paragraph (1)—
(i)
added by inserting “using funds made available under subsection (e),” after “Board,”; and
(ii)
added by inserting “in each of fiscal years 2019 through 2023” after “grants”; and
(B)
added in paragraph (7), by inserting “, soil health,” after “conservation”; and

removed “(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)
changed in subsection (b)—(e)—
(A)
changed in paragraph (2), by striking “and producer” and inserting “educational programs and”; and(1)—
(i)
added in subparagraph (B), by striking “and” at the end;
(ii)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following new subparagraphs:

added “(D) $20,000,000 for each of fiscal years 2019 through 2020;

added “(E) $25,000,000 for fiscal year 2021;

added “(F) $30,000,000 for fiscal year 2022; and

added “(G) $50,000,000 for fiscal year 2023 and each fiscal year thereafter.”

(B)
changed in paragraph (4), by striking “use and support” and inserting “contribute data to”; and(2)—
(i)
added in the paragraph heading, by striking “for fiscal years 2014 through 2018”; and
(ii)
added by striking “2018” and inserting “2023”.
(3)
removed in subsection (d)(2), by striking “2018” and inserting “2023”.

Sec. 7211 Farm business management

changed Section 1680 1672D of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933) 5925f) is amended—

(1)
changed in subsection (a), by adding at the end the following new paragraph:amending subsection (a) to read as follows:

changed “(7) Clarification “(a) In general—The Secretary may make competitive research and extension grants for the purpose of application improving the farm management knowledge and skills of provisions to veterans with disabilities—This subsection shall apply with respect to veterans with disabilities, agricultural producers by maintaining and their families, who—expanding a national, publicly available farm financial management database to support improved farm management.”

removed “(A) are engaged in farming or farm-related occupations; or

removed “(B) are pursuing new farming opportunities.”

(2)
in subsection (b)—
(A)
changed in paragraph (2), by striking “and producer” and inserting “(including veterans)” after “individuals”; “educational programs and”; and
(B)
changed in paragraph (4), by striking “use and support” and inserting “or, in the case of veterans with disabilities, who are pursuing new farming opportunities” before the period at the end; “contribute data to”; and
(3)
changed in subsection (c)(1)(B), (d)(2), by striking “2018” and inserting “2023”.

Sec. 7212 Urban, indoor, and other emerging agricultural production research, education, and extension initiative

(a)
added 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:

added “1672E. Urban, indoor, and other emerging agricultural production research, education, and extension initiative

added “(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—

added “(1) assessing and developing strategies to remediate contaminated sites;

added “(2) determining and developing the best production management and integrated pest management practices;

added “(3) identifying and promoting the horticultural, social, and economic factors that contribute to successful urban, indoor, and other emerging agricultural production;

added “(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;

added “(5) exploring new technologies that minimize energy, lighting systems, water, and other inputs for increased food production;

added “(6) examining building material efficiencies and structural upgrades for the purpose of optimizing growth of agricultural products;

added “(7) developing new crop varieties and agricultural products to connect to new markets; or

added “(8) examining the impacts of crop exposure to urban elements on environmental quality and food safety.

added “(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.

added “(c) Priority—The Secretary may give priority to grant proposals that involve—

added “(1) the cooperation of multiple entities; or

added “(2) States or regions with a high concentration of or significant interest in urban farms, rooftop farms, and indoor production facilities.

added “(d) Funding

added “(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.

added “(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)
added Data collection on urban, indoor, and emerging agricultural production—
(1)
added In general— Not later than one year after the date of enactment of this Act, the Secretary shall conduct as a follow-on study to the census of agriculture conducted in the calendar year 2017 under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g) a census of urban, indoor, and other emerging agricultural production, including information about—
(A)
added community gardens and farms located in urban areas, suburbs, and urban clusters;
(B)
added rooftop farms, outdoor vertical production, and green walls;
(C)
added indoor farms, greenhouses, and high-tech vertical technology farms;
(D)
added hydroponic, aeroponic, and aquaponic farm facilities; and
(E)
added other innovations in agricultural production, as determined by the Secretary.
(2)
added 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.

removed 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”.

Sec. 7300 Ending limitation on funding under national food safety training, education, extension, outreach, and technical assistance program

removed

removed 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:

removed “(3) Term of grant—A grant under this section shall have a term that is not more than 3 years.”

Sec. 7213 Centers of excellence at 1890 Institutions

added

added 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:

added “(d) Centers of excellence at 1890s Institutions

added “(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).

added “(2) Areas of focus

added “(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.

added “(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.

added “(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.

added “(D) Global food security and defense—A center of excellence established under paragraph (1) may engage in international partnerships that strengthen agricultural development in developing countries, partner with international researchers regarding new and emerging animal and plant pests and diseases, engage in agricultural disaster recovery, and continue activities carried out by the Center for International Engagement.

added “(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.

added “(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.

added “(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.

added “(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—

added “(A) the resources invested in the centers of excellence established under paragraph (1); and

added “(B) the work being done by those centers of excellence.”

Sec. 7214 Clarification of veteran eligibility for assistive technology program for farmers with disabilities

added

added Section 1680 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933) is amended—

(1)
added in subsection (a), by adding at the end the following new paragraph:

added “(7) Clarification of application of provisions to veterans with disabilities—This subsection shall apply with respect to veterans with disabilities, and their families, who—

added “(A) are engaged in farming or farm-related occupations; or

added “(B) are pursuing new farming opportunities.”

(2)
added in subsection (b)—
(A)
added by inserting “(including veterans)” after “individuals”; and
(B)
added by inserting “or, in the case of veterans with disabilities, who are pursuing new farming opportunities” before the period at the end; and
(3)
added in subsection (c)(1)(B), by striking “2018” and inserting “2023”.

Sec. 7215 National Rural Information Center Clearinghouse

added

added 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”.

Sec. 7301 National food safety training, education, extension, outreach, and technical assistance program

(a)
added 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:

added “(3) Term of grant—A grant under this section shall have a term that is not more than 3 years.”

(b)
added 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.”.

removed Section 405(j) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(j)) is amended by striking “2011 through 2015” and inserting “2019 through 2023”.

Sec. 7303 Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica

changed Section 408(e)(2) 408 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628(e)(2)) 7628) is amended by striking “2018” and inserting “2023”.amended—

(1)
added in subsection (e)—
(A)
added in paragraph (1), by striking “and” at the end;
(B)
added in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(3) $15,000,000 for each of fiscal years 2019 through 2023.”

(2)
added by adding at the end the following new subsection:

added “(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. 7305 Specialty crop research initiative

(a)
changed Elements of initiative—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)
changed in subparagraph (D), by striking “; and” and inserting a semicolon;redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F); and
(B)
changed in subparagraph (E), by adding “and” at inserting after subparagraph (A) the end; andfollowing:

added “(B) size-controlling rootstock systems for perennial crops;”

(C)
removed by adding at the end the following new subparagraph:

removed “(F) size-controlling rootstock systems for perennial crops;”

(2)
changed in paragraph (2)—(2), by striking “including threats to specialty crop pollinators;” and inserting the following:

added “(A) threats to specialty crop pollinators;

added “(B) emerging and invasive species; and

added “(C) a more effective understanding and utilization of existing natural enemy complexes;”

(A)
removed by striking “including threats to specialty crop pollinators;” and inserting the following:

removed “(A) threats to specialty crop pollinators; and”

(B)
removed by adding at the end the following new subparagraph:

removed “(B) emerging and invasive species;”

(3)
changed in paragraph (3), by striking “marketing);” and inserting the following:(3)—
(A)
added by striking “efforts to improve” and inserting the following: “efforts—

added “(A) to improve”

(B)
added in subparagraph (A) (as so designated), by adding “and” at the end; and
(C)
added by adding at the end the following:

added “(B) to achieve a better understanding of—

added “(i) the soil rhizosphere microbiome;

added “(ii) pesticide application systems and certified drift-reduction technologies; and

added “(iii) systems to improve and extend the storage life of specialty crops;”

removed “(A) pesticide application systems and certified drift-reduction technologies; and

removed “(B) systems to improve and extend storage life of specialty crops;”

(4)
changed in paragraph (4), by redesignating paragraphs (4) striking “including improved mechanization and (5) as paragraphs (5) technologies that delay or inhibit ripening; and” and (6), respectively;inserting the following:

added “(A) mechanization and automation of labor-intensive tasks in production and processing;

added “(B) technologies that delay or inhibit ripening;

(5)
removed by inserting after paragraph (3) the following new paragraph:

removed “(4) efforts to promote a more effective understanding and use of existing natural enemy complexes;”

(6)
removed in paragraph (5) (as redesignated by paragraph (4))—
(A)
removed by striking “including improved mechanization and technologies that delay or inhibit ripening; and” and inserting the following:

removed “(A) technologies that delay or inhibit ripening;”

(B)
removed by adding at the end the following new subparagraphs:

removed “(B) mechanization and automation of labor-intensive tasks on farms and in packing facilities;

“(C) decision support systems driven by phenology and environmental factors;

“(D) improved monitoring systems for agricultural pests; and

added “(E) effective systems for preharvest and postharvest management of quarantine pests; and”

removed “(E) effective systems for pre- and post-harvest management of quarantine pests; and”

(b)
removed Priorities— Section 412(h)(1) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)(1)) is amended by striking “multi-institutional” and inserting “or multi-institutional”.
(c)
removed Emergency Citrus Disease Research and Extension Program— Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended—
(1)
removed in subsection (j)(5), by striking “2018” and inserting “2023”; and
(2)
removed in subsection (k)(1)(C), by striking “2018” and inserting “2023”.
(b)
renumbered was (5) 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)
renumbered was (5)(3) in the subsection heading, by striking “2018” and inserting “2023”; and
(2)
renumbered was (5)(4) by striking “2018” and inserting “2023”.

Sec. 7412 Farm and Ranch Stress Assistance Network

changed Section 7525(e) 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5937(e)) 5936) is amended by striking “2018” and inserting “2023”.amended—

(1)
added 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)
added in subsection (b)—
(A)
added by striking paragraph (5);
(B)
added by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting the subparagraphs appropriately;
(C)
added by striking subparagraph (B) (as so redesignated) and inserting the following:

added “(B) training, including training programs and workshops, for—

added “(i) advocates for individuals who are engaged in farming, ranching, and other occupations relating to agriculture; and

added “(ii) other individuals and entities that may assist individuals who—

added “(I) are engaged in farming, ranching, and other occupations relating to agriculture; and

added “(II) are in crisis;”

(D)
added in subparagraph (C) (as so redesignated), by adding “and” after the semicolon at the end;
(E)
added in subparagraph (D) (as so redesignated), by striking “activities; and” and inserting “activities, including the dissemination of information and materials; or”;
(F)
added in the matter preceding subparagraph (A) (as so redesignated), by striking “be used to initiate” and inserting the following: “be used—

added “(1) to initiate”

(G)
added by adding at the end the following:

added “(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).”

(3)
added by striking subsections (c) and (d) and inserting the following:

added “(c) Eligible recipients—The Secretary may award a grant under this section to—

added “(1) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

added “(2) a State department of agriculture;

added “(3) a State cooperative extension service;

added “(4) a qualified nonprofit organization, as determined by the Secretary;

added “(5) an entity providing appropriate services, as determined by the Secretary, in 1 or more States; or

added “(6) a partnership carried out by 2 or more entities described in paragraphs (1) through (5).

added “(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.

added “(e) Report to Congress

added “(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.

added “(2) Contents—The report under paragraph (1) shall include—

added “(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—

added “(i) the Federal Government, States, and units of local government;

added “(ii) communities comprised of those individuals;

added “(iii) health care providers;

added “(iv) State cooperative extension services; and

added “(v) other appropriate entities, as determined by the Secretary;

added “(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;

added “(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;

added “(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

added “(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—

added “(i) the agricultural workforce;

added “(ii) agricultural production;

added “(iii) rural families and communities; and

added “(iv) succession planning.

added “(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

changed Section 7526(g) 7525(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(g)) 5937(e)) is amended by striking “2018” and inserting “2023”.

Sec. 7414 Sun grant program

added

added Section 7526(g) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(g)) is amended by striking “2018” and inserting “2023”.

Sec. 7501 Critical Agricultural Materials Act

(a)
added 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)
added 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”.

removed Section 16(a)(2) of the Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is amended by striking “2018” and inserting “2023”.

Sec. 7502 Equity in Educational Land-Grant Status Act of 1994

(a)
added 1994 institution defined—
(1)
added 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:
(a)
removed 1994 institution defined— 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:

“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)
added Effective date— The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act.
(b)
Endowment for 1994 institutions— Section 533(b) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended in the first sentence by striking “2018” and inserting “2023”.
(c)
Institutional capacity building grants— Section 535 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended by striking “2018” each place it appears in subsections (b)(1) and (c) and inserting “2023”.
(d)
Research grants— Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended in the first sentence by striking “2018” and inserting “2023”.

Sec. 7504 Agriculture and Food Research Initiative

Subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)) is amended—

(1)
in paragraph (2)—
(A)
in subparagraph (D)—
(i)
by redesignating clauses (iii) through (vii) as clauses (iv) through (viii), respectively; and
(ii)
by inserting after clause (ii) the following new clause:

“(iii) soil health;”

(B)
in subparagraph (E)—
(i)
in clause (iii), by striking “and” at the end;
(ii)
in clause (iv), by striking the period at the end and inserting “; and”; and
(iii)
by adding at the end the following new clause:

“(v) tools that accelerate the use of automation or mechanization for labor-intensive tasks in the production and distribution of crops.”

(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)
changed in paragraph (5)—(6)—
(A)
changed in subparagraph (A)(ii), (D), by striking “and” at the end; andend;
(B)
changed in subparagraph (B), (E), by striking the period at the end and inserting the following:“; and”; and
(C)
added by adding at the end the following:

added “(F) to an institution to carry out collaboration in biomedical and agricultural research using existing research models.”

removed “(i) is of national scope; or

removed “(ii) is commodity-specific, so long as any such funds allocated for commodity-specific research are matched with funds from a non-Federal source at least equal to the amount of such funds so allocated.”

(3)
removed in paragraph (9)—
(A)
removed in subparagraph (A), by striking clause (iii); and
(B)
removed in subparagraph (B)—
(i)
removed in clause (i), by striking “clauses (ii) and (iii)” and inserting “clause (ii)”; and
(ii)
removed by striking clause (iii); and
(3)
renumbered was (6) in paragraph (11)(A)—
(A)
renumbered was (6)(2) in the matter preceding clause (i), by striking “2018” and inserting “2023”; and
(B)
renumbered was (6)(3) in clause (ii), by striking “4” and inserting “5”.

Sec. 7505 Extension design and demonstration initiative

(a)
changed Authorization of appropriations—In general— Section 6 of the Renewable Resources Extension The Competitive, Special, and Facilities Research Grant Act of 1978 (16 (7 U.S.C. 1675) 3157) is amended in the first sentence by striking “2018” and inserting “2023”.after subsection (c) the following:

added “(d) Extension design and demonstration initiative

added “(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.

added “(2) Grants—The Secretary shall award grants each fiscal year on a competitive basis—

added “(A) for the design of 1 or more extension and education prototype systems—

added “(i) that leverage digital platforms or other novel means of translating, delivering, or demonstrating agricultural research; and

added “(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

added “(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.

added “(3) Eligible entities—An entity that is eligible to receive a grant under paragraph (2) is—

added “(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));

added “(B) a cooperative extension service (as defined in such section); and

added “(C) a land-grant college or university (as defined in such section) .

added “(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.

added “(5) Term—The term of a grant awarded under paragraph (2) shall be not longer than 5 years.

added “(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)
changed Termination date—Technical and conforming amendments— Section 8 of the Renewable Resources Extension The Competitive, Special, and Facilities Research Grant Act of 1978 (16 (7 U.S.C. 1671 note; Public Law 95–306) 3157) is amended by striking “2018” and inserting “2023”.amended—
(1)
added 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)
added in subsection (h), by inserting “, (d),” after “subsections (b)”.

Sec. 7506 Repeal of review of agricultural research service

changed Section 10 7404 of the National Aquaculture Farm Security and Rural Investment Act of 1980 (16 2002 (7 U.S.C. 2809) 3101 note; Public Law 107–171) is amended by striking “2018” each place it appears and inserting “2023”.repealed.

Sec. 7507 Biomass research and development

changed Section 7405 9008 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) 8108) is amended—

(1)
changed by striking subsection (b) and redesignating subsection (c) as in subsection (b);(a)(1)—
(A)
added in subparagraph (A), by striking “or” at the end;
(B)
added in subparagraph (B), by striking the period at the end and inserting “; or”; and
(C)
added by adding at the end the following:

added “(C) carbon dioxide that—

added “(i) is intended for permanent sequestration or utilization; and

added “(ii) is a byproduct of the production of the products described in subparagraphs (A) and (B).”

(2)
changed in subsection (b), as so redesignated—(d)(2)(A)—
(A)
changed in the heading, clause (xii), by striking “Grants” and inserting “Programs”;“and” at the end;
(B)
changed by amending paragraph (1) to read redesignating clause (xiii) as follows:clause (xiv); and

removed “(1) In general—The Secretary shall establish a beginning farmer and rancher development program to provide training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers.”

(C)
changed by inserting “or cooperative agreements” after “grants” each place it appears;clause (xii) the following:

added “(xiii) an individual with expertise in carbon dioxide capture, utilization, and sequestration; and”

(D)
removed by inserting “or cooperative agreement” after “grant” each place it appears;
(E)
removed by striking “subsection” each place it appears and inserting “section”;
(F)
removed by amending paragraph (4) to read as follows:

removed “(4) Matching requirement

removed “(A) In general—Except as provided in subparagraph (B), to be eligible to receive a grant under this subsection, a recipient 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.

removed “(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.”

(G)
removed by striking paragraph (8), and redesignating paragraphs (9), (10), (11), and (12) as paragraphs (8), (9), (10), and (11), respectively;
(3)
changed by inserting after in subsection (b), as so redesignated, the following new subsection:(e)—
(A)
added in paragraph (2)(B)—
(i)
added in clause (ii), by striking “and” at the end; and
(ii)
added by adding at the end the following:

added “(iv) to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C); and”

(B)
added in paragraph (3)(B)—
(i)
added in clause (i), by striking “and” at the end;
(ii)
added in clause (ii), by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following:

added “(iii) the development of technologies to permanently sequester or utilize carbon dioxide described in subsection (a)(1)(C).”

removed “(c) Grant requirements

removed “(1) In general—In carrying out this section, the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers, including programs and services (as appropriate) relating to—

removed “(A) basic livestock, forest management, and crop farming practices;

removed “(B) innovative farm, ranch, and private nonindustrial forest land access, and transfer and succession strategies and programs;

removed “(C) entrepreneurship and business training;

removed “(D) financial and risk management training (including the acquisition and management of agricultural credit);

removed “(E) natural resource management and planning;

removed “(F) diversification and marketing strategies;

removed “(G) curriculum development;

removed “(H) mentoring, apprenticeships, and internships;

removed “(I) resources and referral;

removed “(J) farm financial benchmarking;

removed “(K) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers;

removed “(L) agricultural rehabilitation and vocational training for veterans;

removed “(M) food safety (including good agricultural practices training);

removed “(N) farm safety and awareness; and

removed “(O) other similar subject areas of use to beginning farmers or ranchers.

removed “(2) Set-aside

removed “(A) In general—Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of—

removed “(i) limited resource beginning farmers or ranchers (as defined by the Secretary);

removed “(ii) socially disadvantaged farmers or ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))) who are beginning farmers and ranchers; and

removed “(iii) farmworkers desiring to become farmers or ranchers.

removed “(B) Veteran farmers and ranchers—Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of veteran farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).”

(4)
changed in subsection (d)—(h)(2), by striking “2018” and inserting “2023”.
(A)
removed in paragraph (1)—
(i)
removed by striking “and conduct” and inserting “, conduct”; and
(ii)
removed by striking the period at the end and inserting “, 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.”; and
(B)
removed in paragraph (2)—
(i)
removed by inserting “, educational programs and workshops, or training and technical assistance initiatives” after “curricula”; and
(ii)
removed by striking “modules” and inserting “content”;
(5)
removed in subsection (g)—
(A)
removed by inserting “(including retiring farmers and nonfarming landowners)” before “from participating in programs”; and
(B)
removed by striking “educating” and inserting “increasing opportunities for”; and
(6)
removed in subsection (h)—
(A)
removed in paragraph (1)—
(i)
removed in the heading, by striking “for fiscal years 2009 through 2018”; and
(ii)
removed in subparagraph (C), by striking “2018” and inserting “2023”;
(B)
removed in paragraph (2)—
(i)
removed in the paragraph heading, by striking “for fiscal years 2014 through 2018”; and
(ii)
removed by striking “2018” and inserting “2023”; and
(C)
removed by striking paragraph (3).

Sec. 7508 Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia

(a)
added 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)
added Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

removed 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”.

Sec. 7509 Renewable Resources Extension Act of 1978

(a)
added 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)
added 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”.

removed Section 9008(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)) is amended to read as follows:

removed “(h) Authorization of appropriations—There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.”

Sec. 7510 National Aquaculture Act of 1980

added

added 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

added

added 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”.

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)
changed No onsite sales—Termination of authority extended— Section 308(b)(1)(C) 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 “onsite” before “public”.“on September 30, 2023”.
(c)
changed Termination of authority extended—Reports— Section 308(b)(6)(A) 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 “on the date that is “Not later than 6, 8, and 10 years after the date of enactment of this section” and inserting “on June 18, 2023”.“Not later than September 30, 2021”.
(d)
removed 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 June 18, 2019, June 18, 2021, and June 18, 2023”.

Sec. 7602 Transfer of administrative jurisdiction over portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland

(a)
added 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)
added Legal description and map—
(1)
added Preparation— The Secretary shall prepare a legal description and map of the parcel of real property to be transferred under subsection (a).
(2)
added 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)
added 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)
added 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)
added 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)
added the Secretary of the Treasury shall agree to pay the Secretary the costs incurred to carry out such transfer, including the costs for—
(A)
added any environmental or administrative analysis required by law with respect to the parcel to be so transferred;
(B)
added a survey of such parcel, if necessary; and
(C)
added any hazardous substances assessment of the parcel to be so transferred; and
(2)
added 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)
added 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).

removed Subparagraph (B) of section 251(d)(2) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(d)(2)) is amended to read as follows:

removed “(B) ensure that agricultural research, education, extension, economics, and statistical programs—

removed “(i) are effectively coordinated and integrated—

removed “(I) across disciplines, agencies, and institutions; and

removed “(II) among applicable participants, grantees, and beneficiaries; and

removed “(ii) address 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));”

Sec. 7603 Foundation for food and agriculture research

added Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) is amended—

(a)
removed 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 in the first sentence, by striking the period at the end and inserting “, which may be used to pay no more than one-half of the total cost of providing such extension work.”.
(1)
changed Effective date— The amendment made by this section shall take effect on October 1, 2018.in subsection (d)(1)—
(A)
added in subparagraph (B)—
(i)
added in clause (ii), by striking “conflicts;” and inserting “conflicts, specifically at the Department of Agriculture; and”; and
(ii)
added by adding at the end the following new clause:

added “(iii) document the consultation process and include a summary of the results in the annual report required in subsection (f)(3)(B)”

(B)
added in subparagraph (D), by inserting “and agriculture stakeholders” after “community”;
(2)
added in subsection (e)—
(A)
added in paragraph (2)(C)(ii)(I), by inserting “agriculture or” before “agricultural research”; and
(B)
added in paragraph (4)(A)—
(i)
added in clause (iii), by striking “and” at the end;
(ii)
added by redesignating clause (iv) as clause (v); and
(iii)
added by inserting after clause (iii) the following:

added “(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)
added in subsection (f)—
(A)
added in paragraph (2)(A)(iii), by striking “any”; and
(B)
added in paragraph (3)(B)—
(i)
added in clause (i)(I)—
(I)
added in the matter preceding item (aa), by inserting “and post online” before “a report”;
(II)
added in item (aa), by striking “accomplishments; and” and inserting “accomplishments and how those activities align to the challenges identified in the strategic plan under clause (iv);”;
(III)
added in item (bb), by striking the period at the end and inserting “; and”; and
(IV)
added by adding at the end the following:

added “(cc) a description of available agricultural research programs and priorities for the upcoming fiscal year.”

(ii)
added by adding at the end the following:

added “(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—

added “(I) a schedule for funding competitions;

added “(II) a discussion of how applications for funding will be evaluated; and

added “(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.

added “(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—

added “(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;

added “(II) an overview of the efforts that the Foundation will take to be transparent in each of the processes of the Foundation, including—

added “(aa) processes relating to grant awards, including the selection, review, and notification processes;

added “(bb) communication of past, current, and future research priorities; and

added “(cc) plans to solicit and respond to public input on the opportunities identified in the strategic plan;

added “(III) a description of financial goals and benchmarks for the next 10 years, including a detailed plan for—

added “(aa) raising funds in amounts greater than the amounts required under subsection (g)(1)(B);

added “(bb) soliciting additional resources pursuant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii); and

added “(cc) managing and leveraging such resources pursuant to subsection (f)(2)(A)(vii); and

added “(IV) other related issues, as determined by the Board.”

(4)
added in subsection (g)(1)—
(A)
added in the paragraph heading, by striking “Mandatory funding” and inserting “Funding”;
(B)
added in subparagraph (A)—
(i)
added by striking “On the date” and inserting the following:

added “(i) Establishment funding—On the date”

(ii)
added by adding at the end the following:

added “(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.”

(C)
added in subparagraph (B)—
(i)
added by striking “The Foundation” and inserting the following:

added “(i) In general—The Foundation”

(ii)
added in clause (i) (as so designated)—
(I)
added by striking “purposes” and inserting “purposes, duties, and powers”; and
(II)
added 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)
added by adding at the end the following:

added “(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

added 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—

(a)
removed In general— The Secretary shall collect and report data and analysis on farmland ownership, tenure, transition, and entry of beginning farmers or ranchers.
(1)
changed Requirements— In carrying out subsection (a), the Secretary shall—by striking “and” before “1890 Institutions”; and
(1)
removed collect and distribute comprehensive annual reporting of trends in farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers or ranchers; and
(2)
removed develop surveys and report statistical and economic analysis on farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers or ranchers.
(2)
changed Funding— There are authorized to be appropriated to carry out this by inserting “and 1994 Institutions (as defined in section $2,000,000 for each 532 of fiscal years 2019 through 2023, to remain available until expended.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)”.
(d)
removed Conforming amendment regarding confidentiality of information— Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended—
(1)
removed in paragraph (11), by striking “or” at the end;
(2)
removed in paragraph (12), by striking the period at the end and inserting “; or”; and
(3)
removed by adding at the end the following new paragraph:

removed “(13) section 7604 of the Agriculture and Nutrition Act of 2018.”

Sec. 7605 Legitimacy of industrial hemp research

(a)
changed Transfer authorized—In general— The Secretary of Agriculture may transfer to the administrative jurisdiction of the Secretary of the Treasury a parcel Section 7606 of real property at the Henry A. Wallace Beltsville Agricultural Research Center consisting Act of approximately 100 acres, which was originally acquired by the United States through land acquisitions in 1910 and 1925 and 2014 (7 U.S.C. 5940) 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.amended—
(1)
added by redesignating subsections (a) and (b) as subsections (b) and (a), respectively, and moving the subsections so as to appear in alphabetical order;
(2)
added in subsection (a) (as so redesignated)—
(A)
added by redesignating paragraph (3) as paragraph (4); and
(B)
added by inserting after paragraph (2) the following:

added “(3) State—The term “State” has the meaning given such term in section 297A of the Agricultural Marketing Act of 1946.”

(3)
added in subsection (b) (as so redesignated), in the subsection heading, by striking “In general” and inserting “Industrial hemp research”; and
(4)
added by adding at the end the following:

added “(c) Study and report

added “(1) In general—The Secretary shall conduct a study of agricultural pilot programs—

added “(A) to determine the economic viability of the domestic production and sale of industrial hemp; and

added “(B) that shall include a review of—

added “(i) each agricultural pilot program; and

added “(ii) any other agricultural or academic research relating to industrial hemp.

added “(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)
added 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.
(b)
removed Legal Description and Map—
(1)
removed Preparation— The Secretary of Agriculture shall prepare a legal description and map of the parcel of real property to be transferred under subsection (a).
(2)
removed 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 of Agriculture may correct errors in the legal description and map.
(c)
removed Retention of interests— The transfer of administrative jurisdiction under subsection (a) shall be subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary of Agriculture considers to be necessary.
(d)
removed Waiver— The parcel of real property to be transferred under subsection (a) is exempt from Federal screening for other possible use as there is an identified Federal need for the parcel as the site for Bureau of Engraving and Printing facilities.
(e)
removed Condition on transfer— As a condition of the transfer of administrative jurisdiction under subsection (a), the Secretary of the Treasury shall agree to pay the Secretary of Agriculture the following costs:
(1)
removed The appraisal required under subsection (f).
(2)
removed Any environmental or administrative analysis required by Federal law with respect to the real property so transferred.
(3)
removed Any necessary survey of such real property.
(4)
removed Any hazardous substances assessment of such real property.
(f)
removed Appraisal— To determine the fair market value of the parcel of real property to be transferred under subsection (a), the Secretary of the Treasury shall have the parcel appraised for its highest and best use in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. The appraisal shall be subject to the review and approval by the Secretary of Agriculture.
(g)
removed Hazardous materials— For the parcel of real property to be transferred under subsection (a), the Secretary of Agriculture shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances or any other hazardous pollutants, contaminants, or waste that might be present on the parcel at the time of transfer of administrative jurisdiction.

Sec. 7606 Collection of data relating to barley area planted and harvested

added 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.

(a)
removed Smith-Lever Act— The Smith-Lever Act is amended—
(1)
removed in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking subparagraph (D); and
(2)
removed in section 4 (7 U.S.C. 344)—
(A)
removed in subsection (c), by striking paragraphs (1) through (5) and inserting the following new paragraphs:

removed “(1) A summary of planned projects or programs in the State using formula funds.

removed “(2) A description of the manner in which the State will meet the requirements of section 3(h).

removed “(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.

removed “(4) A description of matching funds provided by the State with respect to the previous fiscal year.”

(B)
removed by adding at the end the following new subsection:

removed “(f) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to subsection (c) shall not be subject to audit to determine the sufficiency of such procedures.”

(b)
removed Hatch Act— The Hatch Act of 1887 is amended—
(1)
removed in section 3 (7 U.S.C. 361c)—
(A)
removed by amending subsection (h) to read as follows:

removed “(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.”

(B)
removed in subsection (i)(2), by striking subparagraph (D); and
(2)
removed in section 7 (7 U.S.C. 361g)—
(A)
removed in subsection (e), by striking paragraphs (1) through (4) and inserting the following new paragraphs:

removed “(1) A summary of planned projects or programs in the State using formula funds.

removed “(2) A description of the manner in which the State will meet the requirements of subsections (c)(3) and (i)(2) of section 3.

removed “(3) A description of matching funds provided by the State with respect to the previous fiscal year.”

(B)
removed by adding at the end the following new subsection:

removed “(h) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to subsection (e) shall not be subject to audit to determine the sufficiency of such procedures.”

(c)
removed Extension and research at 1890 institutions—
(1)
removed Extension— Section 1444(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(d)) is amended—
(A)
removed in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:

removed “(A) A summary of planned projects or programs in the State using formula funds.

removed “(B) A description of matching funds provided by the State with respect to the previous fiscal year.”

(B)
removed by adding at the end the following new paragraph:

removed “(6) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures.”

(2)
removed Research— Section 1445(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(c)) is amended—
(A)
removed in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:

removed “(A) A summary of planned projects or programs in the State using formula funds.

removed “(B) A description of matching funds provided by the State with respect to the previous fiscal year.”

(B)
removed by adding at the end the following new paragraph:

removed “(6) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures.”

Sec. 7607 Collection of data relating to the size and location of dairy farms

(a)
added 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)
added 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.

removed Any entity receiving 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)) shall be exempt from the time and effort reporting requirements under part 200 of title 2, Code of Federal Regulations (or successor regulations), with respect to the use of such funds.

Sec. 7608 Agriculture innovation center demonstration program

added Section 6402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b) is amended—

(a)
removed In general— The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of Education, and such other persons and organizations as the Secretary determines to be appropriate, shall develop and carry out a national science-based education campaign to increase public awareness regarding the use of technology in food and agriculture production, including—
(1)
removed the science of biotechnology as applied to the development of products in the food and agricultural sectors, including information about which products of biotechnology in the food and agricultural sectors have been approved for use in the United States;
(2)
removed the Federal science-based regulatory review process for products made using biotechnology in the food and agricultural sectors conducted under the Coordinated Framework for Regulation of Biotechnology published by the Office of Science and Technology Policy in the Federal Register on June 26, 1986 (51 Fed. Reg. 23302), including the studies performed and analyses conducted to ensure that such products are as safe to produce and as safe to eat as products that are not produced using biotechnology;
(3)
removed developments in the science of plant and animal breeding over time and the impacts of such developments on farmers, consumers, the environment, and the rural economy; and
(4)
removed the effects of the use of biotechnology on food security, nutrition, and the environment.
(1)
changed Consumer friendly informational website— The Secretary, in consultation with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Office of Science and Technology Policy, and such other persons and organizations as the Secretary determines to be appropriate, shall develop, establish, and update as necessary, a single Federal government-sponsored public Internet website through which the public may obtain, in an easy to understand and user-friendly format, information about biotechnology used in the food and agricultural sectors, including—subsection (d)(2)—
(A)
added 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)
changed scientific findings and other data on biotechnology used in the food subparagraph (A), by striking “The 2” and agricultural sectors;inserting “Two”;
(C)
changed Federal agencies’ decisions regarding specific products made using biotechnology in the food and agricultural sectors;subparagraph (B), by inserting “or a State legislator,” after “agency,”; and
(D)
changed a list of frequently asked questions pertaining by amending subparagraph (C) to the use of biotechnology in the food and agricultural sectors;read as follows:

added “(C) Four entities representing commodities produced in the State.”

(4)
removed an easy-to-understand description of the role of Federal agencies in overseeing the use of biotechnology in the food and agricultural sectors;
(5)
removed information about novel, emerging technologies within the broader field of biotechnology; and
(6)
removed a glossary of terms with respect to biotechnology used in the food and agricultural sectors.
(2)
changed Social media resources— The Secretary may, as appropriate, utilize publicly-available social media platforms to supplement the campaign established under in subsection (a), (e)(1), by striking “subsection (i)” and as an extension of the website established under subsection (b).inserting “subsection (g)”; and
(3)
added by striking subsections (g), (h), and (i) and inserting the following new subsection:

added “(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

added
(a)
added 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)
added 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:

added “(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), except as provided under—

added “(I) section 3(b)(3) of that Act (7 U.S.C. 343(b)(3)); or

added “(II) the third sentence of section 3(d) of that Act (7 U.S.C. 343(d)); or”

Sec. 7610 Mechanization and automation for specialty crops

added
(a)
added 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)
added Requirements— The review under subsection (a) shall identify—
(1)
added 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)
added 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)
added 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

added

added Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is amended—

(1)
added in the section heading, by striking “agriculture conservation”;
(2)
added in subsection (a)—
(A)
added in the first sentence—
(i)
added by striking “a conservation” and inserting “an”;
(ii)
added by striking “(in this section referred to as the “ACES Program”)” and inserting “(referred to in this section as the program)”; and
(iii)
added by striking “provide technical” and inserting the following: “provide—

added “(1) technical”

(B)
added in paragraph (1) (as so designated)—
(i)
added by striking “Secretary. Such technical services may include” and inserting “Secretary, including”;
(ii)
added by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following:

added “(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—

added “(A) supporting agricultural research and information;

added “(B) advancing scientific knowledge relating to agriculture;

added “(C) enhancing access to agricultural information;

added “(D) providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and

added “(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)
added by striking “ACES” each place it appears;
(4)
added by striking “technical services” each place it appears (other than in subsection (a)) and inserting “technical, professional, or administrative services, as applicable,”; and
(5)
added in subsection (c)—
(A)
added in paragraph (1)—
(i)
added by striking the paragraph heading and inserting “Conservation technical services.—”; and
(ii)
added by inserting “with respect to subsection (a)(1),” before “the Secretary”; and
(B)
added by adding at the end the following new paragraph:

added “(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

added
(a)
added Smith-Lever Act— The Smith-Lever Act is amended—
(1)
added in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking subparagraph (D); and
(2)
added in section 4(c) (7 U.S.C. 344(c)), by striking paragraphs (1) through (5) and inserting the following new paragraphs:

added “(1) A summary of planned projects or programs in the State using formula funds.

added “(2) A description of the manner in which the State will meet the requirements of section 3(h).

added “(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)).

added “(4) A description of matching funds provided by the State with respect to the previous fiscal year.”

(b)
added Hatch Act— The Hatch Act of 1887 is amended—
(1)
added in section 3 (7 U.S.C. 361c)—
(A)
added by amending subsection (h) to read as follows:

added “(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)).”

(B)
added in subsection (i)(2), by striking subparagraph (D); and
(2)
added in section 7(e) (7 U.S.C. 361g(e)), by striking paragraphs (1) through (4) and inserting the following new paragraphs:

added “(1) A summary of planned projects or programs in the State using formula funds.

added “(2) A description of the manner in which the State will meet the requirements of subsections (c)(3) and (i)(2) of section 3.

added “(3) A description of matching funds provided by the State with respect to the previous fiscal year.”

(c)
added Extension and research at 1890 institutions—
(1)
added 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:

added “(A) A summary of planned projects or programs in the State using formula funds.

added “(B) A description of matching funds provided by the State with respect to the previous fiscal year.”

(2)
added 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:

added “(A) A summary of planned projects or programs in the State using formula funds.

added “(B) A description of matching funds provided by the State with respect to the previous fiscal year.”

Sec. 7613 Review of land-grant time and effort reporting requirements

added
(a)
added 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)
added Revisions— The Secretary shall ensure that any revision made pursuant to subsection (a)—
(1)
added is developed in collaboration with entities described in subsection (a); and
(2)
added 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

added
(a)
added Repeal— Subtitle P of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is repealed.
(b)
added Conforming amendments—
(1)
added National Agricultural Research, Extension, and Teaching Policy Act of 1977—
(A)
added 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)
added by striking “The Secretary” and inserting the following:

added “(1) In general—The Secretary”

(ii)
added by adding at the end the following:

added “(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)
added 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:

added “(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.

added “(2) Eligible entities—The Secretary may make a competitive grant under paragraph (1) to—

added “(A) a land-grant or seagrant college or university;

added “(B) a State agricultural experiment station;

added “(C) a college, university, or Federal laboratory having a demonstrable capacity to conduct aquacultural research, as determined by the Secretary; or

added “(D) a nonprofit private research institution.

added “(3) Matching State grants

added “(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).

added “(B) Federal laboratories—Subparagraph (A) shall not apply to a grant to a Federal laboratory.”

(C)
added Rangeland research— Section 1480 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3333) is amended—
(i)
added by striking “The Secretary” and inserting “(a) In general.—The Secretary”; and
(ii)
added by adding at the end the following new subsection:

added “(b) Matching requirements

added “(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).

added “(2) Exception—Paragraph (1) shall not apply to a grant to a Federal laboratory or a grant under subsection (a)(2).”

(2)
added Food, Agriculture, Conservation, and Trade Act of 1990—
(A)
added 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)
added 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)
added by redesignating subsection (f) as subsection (g); and
(ii)
added by inserting after subsection (e) the following:

added “(f) Matching funds requirement

added “(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.

added “(2) In-kind support—Non-Federal matching funds described in paragraph (1) may include in-kind support.

added “(3) Waiver—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—

added “(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

added “(B)

added “(i) the project—

added “(I) involves a minor commodity; and

added “(II) deals with scientifically important research; and

added “(ii) the recipient is unable to satisfy the matching funds requirement.”

(C)
added 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)
added by striking “The Secretary of Agriculture” and inserting the following:

added “(1) In general—The Secretary of Agriculture”

(ii)
added in paragraph (1) (as so designated), in the second sentence, by striking “The Secretary shall” and inserting the following:

added “(3) Consultation—The Secretary shall”

(iii)
added by inserting after paragraph (1) the following:

added “(2) Matching funds requirement

added “(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.

added “(B) In-kind support—Non-Federal matching funds described in subparagraph (A) may include in-kind support.

added “(C) Waiver—The Secretary may waive the matching funds requirement under subparagraph (A) with respect to a research project if the Secretary determines that—

added “(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

added “(ii)

added “(I) the project—

added “(aa) involves a minor commodity; and

added “(bb) deals with scientifically important research; and

added “(II) the recipient is unable to satisfy the matching funds requirement.”

(D)
added 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)
added by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(ii)
added by inserting after subsection (b) the following:

added “(c) Matching requirement

added “(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.

added “(2) In-kind support—Non-Federal matching funds described in paragraph (1) may include in-kind support.

added “(3) Waiver—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—

added “(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

added “(B)

added “(i) the project—

added “(I) involves a minor commodity; and

added “(II) deals with scientifically important research; and

added “(ii) the recipient is unable to satisfy the matching funds requirement.”

(3)
added Agricultural Research, Extension, and Education Reform Act of 1998—
(A)
added 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)
added by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(ii)
added by inserting after subsection (c) the following:

added “(d) Matching funds requirement

added “(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.

added “(2) In-kind support—Non-Federal matching funds described in paragraph (1) may include in-kind support.

added “(3) Waiver—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a grant if the Secretary determines that—

added “(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

added “(B)

added “(i) the grant—

added “(I) involves a minor commodity; and

added “(II) deals with scientifically important research; and

added “(ii) the recipient is unable to satisfy the matching funds requirement.”

(B)
added 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)
added by redesignating paragraph (3) as paragraph (4); and
(ii)
added by inserting after paragraph (2) the following:

added “(3) Matching requirement

added “(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.

added “(B) In-kind support—Non-Federal matching funds described in subparagraph (A) may include in-kind support.”

(4)
added Other laws—
(A)
added 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)
added 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)
added in subparagraph (A), by striking clause (iii);
(ii)
added in subparagraph (B)—
(I)
added in clause (i), by striking “clauses (ii) and (iii),” and inserting “clause (ii),”; and
(II)
added by striking clause (iii); and
(iii)
added by adding at the end the following:

added “(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)
added Application of amendments—
(1)
added 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)
added 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.

Sec. 8102 State and private forest landscape-scale restoration program

(a)
added In general— Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:

added “13A. State and private forest landscape-scale restoration program

added “(a) Purpose—The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes.

added “(b) Definitions—In this section:

added “(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).

added “(2) Nonindustrial private forest land—The term nonindustrial private forest land means land that—

added “(A) is rural, as determined by the Secretary;

added “(B) has existing tree cover or is suitable for growing trees; and

added “(C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.

added “(3) State forest land—The term State forest land means land that—

added “(A) is rural, as determined by the Secretary; and

added “(B) is under State or local governmental ownership and considered to be non-Federal forest land.

added “(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.

added “(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—

added “(1) is complete or substantially complete;

added “(2) is for a multiyear period;

added “(3) covers nonindustrial private forest land or State forest land;

added “(4) is accessible by wood-processing infrastructure; and

added “(5) is based on the best available science.

added “(e) Plan criteria—A State and private forest landscape-scale restoration proposal submitted under this section shall include plans—

added “(1) to reduce the risk of uncharacteristic wildfires;

added “(2) to improve fish and wildlife habitats, including the habitats of threatened and endangered species;

added “(3) to maintain or improve water quality and watershed function;

added “(4) to mitigate invasive species, insect infestation, and disease;

added “(5) to improve important forest ecosystems;

added “(6) to measure ecological and economic benefits, including air quality and soil quality and productivity; and

added “(7) to take other relevant actions, as determined by the Secretary.

added “(f) Priorities—In making grants under this section, the Secretary shall give priority to plans that—

added “(1) further a statewide forest assessment and resource strategy;

added “(2) promote cross boundary landscape collaboration; and

added “(3) leverage public and private resources.

added “(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—

added “(1) administration of the program established under this section; and

added “(2) identification of other applicable resources for landscape-scale restoration.

added “(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.

added “(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—

added “(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);

added “(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);

added “(3) good neighbor authority under section 19;

added “(4) stewardship end result contracting projects authorized under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c);

added “(5) appropriate State-level programs; and

added “(6) other relevant programs, as determined by the Secretary.

added “(j) Regulations—The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section.

added “(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—

added “(1) the status of development, execution, and administration of selected projects;

added “(2) the accounting of program funding expenditures; and

added “(3) specific accomplishments that have resulted from landscape-scale projects.

added “(l) Fund

added “(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.

added “(2) Contents—The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (3).

added “(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)
added Conforming amendments—
(1)
added Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is repealed.
(2)
added 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”.

removed Subsection (m) of section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:

removed “(m) Authorization of appropriations—There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2019 through 2023.”

Sec. 8103 Community forest and open space conservation program

removed

removed Subsection (g) of section 7A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:

removed “(g) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023.”

Sec. 8104 State and private forest landscape-scale restoration program

removed

removed Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:

removed “13A. State and private forest landscape-scale restoration program

removed “(a) Purpose—The purpose of this section is to establish a landscape-scale restoration program to support landscape-scale restoration and management that results in measurable improvements to public benefits derived from State and private forest land, as identified in—

removed “(1) a State-wide assessment described in section 2A(a)(1); and

removed “(2) a long-term State-wide forest resource strategy described in section 2A(a)(2).

removed “(b) Definitions—In this section:

removed “(1) Private forest land—The term private forest land means land that—

removed “(A)

removed “(i) has existing tree cover; or

removed “(ii) is suitable for growing trees; and

removed “(B) is owned by—

removed “(i) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or

removed “(ii) any private individual or entity.

removed “(2) Regional—The term regional means of any region of the National Association of State Foresters.

removed “(3) Secretary—The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

removed “(4) State forest land—The term State forest land means land that is owned by a State or unit of local government.

removed “(5) State Forester—The term State Forester means a State Forester or equivalent State official.

removed “(c) Establishment—The Secretary, in consultation with State Foresters or other appropriate State agencies, shall establish a landscape-scale restoration program—

removed “(1) to provide financial and technical assistance for landscape-scale restoration projects on State forest land or private forest land; and

removed “(2) that maintains or improves benefits from trees and forests on such land.

removed “(d) Requirements—The landscape-scale restoration program established under subsection (c) shall—

removed “(1) measurably address the national private forest conservation priorities described in section 2(c);

removed “(2) enhance public benefits from trees and forests, as identified in—

removed “(A) a State-wide assessment described in section 2A(a)(1); and

removed “(B) a long-term State-wide forest resource strategy described in section 2A(a)(2); and

removed “(3) in accordance with the purposes described in section 2(b), include one or more of the following objectives—

removed “(A) protecting or improving water quality or quantity;

removed “(B) reducing wildfire risk, including through hazardous fuels treatment;

removed “(C) protecting or enhancing wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency;

removed “(D) improving forest health and forest ecosystems, including addressing native, nonnative, and invasive pests; or

removed “(E) enhancing opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies.

removed “(e) Measurement—The Secretary, in consultation with State Foresters, shall establish a measurement system (including measurement tools) that—

removed “(1) consistently measures the results of landscape-scale restoration projects described in subsection (c); and

removed “(2) is consistent with the measurement systems of other Federal programs delivered by State Foresters.

removed “(f) Use of amounts

removed “(1) Allocation—Of the amounts made available for the landscape-scale restoration program established under subsection (c), the Secretary shall allocate to State Foresters—

removed “(A) 50 percent for the competitive process in accordance with subsection (g); and

removed “(B) 50 percent proportionally to States, in consultation with State Foresters—

removed “(i) to maximize the achievement of the objectives described in subsection (d)(3); and

removed “(ii) to address the highest national priorities, as identified in—

removed “(I) State-wide assessments described in section 2A(a)(1); and

removed “(II) long-term State-wide forest resource strategies described in section 2A(a)(2).

removed “(2) Multiyear projects—The Secretary may provide amounts under this section for multiyear projects.

removed “(g) Competitive process

removed “(1) In general—The Secretary shall distribute amounts described in subsection (f)(1)(A) through a competitive process for landscape-scale restoration projects described in subsection (c) to maximize the achievement of the objectives described in subsection (d)(3).

removed “(2) Eligibility—To be eligible for funding through the competitive process under paragraph (1), a State Forester, or another entity on approval of the State Forester, shall submit to the Secretary one or more landscape-scale restoration proposals that—

removed “(A) in accordance with paragraph (3)(A), include priorities identified in—

removed “(i) State-wide assessments described in section 2A(a)(1); and

removed “(ii) long-term State-wide forest resource strategies described in section 2A(a)(2);

removed “(B) identify one or more measurable results to be achieved through the project;

removed “(C) to the maximum extent practicable, include activities on all land necessary to accomplish the measurable results in the applicable landscape;

removed “(D) to the maximum extent practicable, are developed in collaboration with other public and private sector organizations and local communities; and

removed “(E) derive not less than 50 percent of the funding for the project from non-Federal sources, unless the Secretary determines—

removed “(i) the applicant is unable to derive not less than 50 percent of the funding for the project from non-Federal sources; and

removed “(ii) the benefits of the project justify pursuing the project.

removed “(3) Prioritization—In carrying out the competitive process under paragraph (1), the Secretary—

removed “(A) shall give priority to projects that, as determined by the Secretary, best carry out priorities identified in State-wide assessments described in section 2A(a)(1) and long-term State-wide forest resource strategies described in section 2A(a)(2), including—

removed “(i) involvement of public and private partnerships;

removed “(ii) inclusion of cross-boundary activities on—

removed “(I) Federal forest land;

removed “(II) State forest land; or

removed “(III) private forest land;

removed “(iii) involvement of areas also identified for cost-share funding by the Natural Resources Conservation Service or any other relevant Federal agency;

removed “(iv) protection or improvement of water quality or quantity;

removed “(v) reduction of wildfire risk; and

removed “(vi) otherwise addressing the national private forest conservation priorities described in section 2(c); and

removed “(B) may give priority to projects in 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—

removed “(i) ecological restoration treatments under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303);

removed “(ii) projects on landscape-scale areas designated for insect and disease treatment under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a);

removed “(iii) authorized restoration services under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);

removed “(iv) watershed restoration and protection services under section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291; 16 U.S.C. 1011 note);

removed “(v) stewardship end result contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c); or

removed “(vi) projects under other relevant programs, as determined by the Secretary.

removed “(4) Proposal review

removed “(A) In general—The Secretary shall establish a process for the review of proposals submitted under paragraph (2) that ranks each proposal based on—

removed “(i) the extent to which the proposal would achieve the requirements described in subsection (d); and

removed “(ii) the priorities described in paragraph (3)(A).

removed “(B) Regional review—The Secretary may carry out the process described in subparagraph (A) at a regional level.

removed “(5) Compliance with NEPA—Financial and technical assistance carried out under this section for landscape restoration projects on State forest land or private forest land shall not constitute a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

removed “(h) Report—Not later than 3 years after the date of the enactment of the Agriculture and Nutrition 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—

removed “(1) a description of the status of the development, execution, and administration of landscape-scale projects selected under the program under this section;

removed “(2) an accounting of expenditures under such program; and

removed “(3) specific accomplishments that have resulted from landscape-scale projects under such program.

removed “(i) Authorization of appropriations—There is authorized to be appropriated to the Secretary for the landscape-scale restoration program established under subsection (c) $10,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.”

Sec. 8105 Rural revitalization technologies

removed

removed 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. 8106 Community wood energy and wood innovation program

removed

removed Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended to read as follows:

removed “9013. Community Wood Energy and Wood Innovation Program

removed “(a) Definitions—In this section:

removed “(1) Community wood energy system

removed “(A) In general—The term community wood energy system means an energy system that—

removed “(i) produces thermal energy or combined thermal energy and electricity where thermal is the primary energy output;

removed “(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

removed “(iii) uses woody biomass, including residuals from wood processing facilities, as the primary fuel.

removed “(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.

removed “(2) Innovative wood product facility—The term innovative wood product facility means a manufacturing or processing plant or mill that produces—

removed “(A) building components or systems that use large panelized wood construction, including mass timber;

removed “(B) wood products derived from nanotechnology or other new technology processes, as determined by the Secretary; or

removed “(C) other innovative wood products that use low-value, low-quality wood, as determined by the Secretary.

removed “(3) Mass timber—The term mass timber includes—

removed “(A) cross-laminated timber;

removed “(B) nail-laminated timber;

removed “(C) glue-laminated timber;

removed “(D) laminated strand lumber; and

removed “(E) laminated veneer lumber.

removed “(4) Program—The term Program means the Community Wood Energy and Wood Innovation Program established under subsection (b).

removed “(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”.

removed “(c) Matching grants

removed “(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.

removed “(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.

removed “(3) Source of matching funds—Matching funds required pursuant to this subsection from a grant recipient must be derived from non-Federal funds.

removed “(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—

removed “(1) in the case of grants under the general authority provided under subsection (c)(1), $1,000,000; and

removed “(2) in the case of grants for which the special circumstances apply under subsection (c)(2), $1,500,000.

removed “(e) Selection criteria—In selecting applicants for grants under the Program, the Secretary shall consider the following:

removed “(1) The energy efficiency of the proposed community wood energy system or innovative wood product facility.

removed “(2) The cost effectiveness of the proposed community wood energy system or innovative wood product facility.

removed “(3) The extent to which the proposed community wood energy system or innovative wood product facility represents the best available commercial technology.

removed “(4) 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.

removed “(5) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.

removed “(f) Grant priorities—In selecting applicants for grants under the Program, the Secretary shall give priority to proposals that—

removed “(1) would be carried out in a location where markets are needed for the low-value, low-quality wood;

removed “(2) would be carried out in a location with limited access to natural gas pipelines;

removed “(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

removed “(4) would be carried out in a location where the project will aid with forest restoration.

removed “(g) Limitations

removed “(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 10 megawatts of thermal energy or combined thermal and electric energy.

removed “(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.

removed “(h) Funding—There is authorized to be appropriated to carry out the Program $25,000,000 for each of fiscal years 2019 through 2023.”

Sec. 8107 Healthy Forests Restoration Act of 2003 amendments

removed
(a)
removed Healthy forests reserve program—
(1)
removed Additional purpose of program— Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—
(A)
removed by striking “and” at the end of paragraph (2);
(B)
removed by redesignating paragraph (3) as paragraph (4); and
(C)
removed by inserting after paragraph (2) the following new paragraph:

removed “(3) to conserve forest land that provides habitat for species described in section 502(b)(1); and”

(2)
removed 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:

removed “(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—

removed “(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

removed “(2) improve the well-being of a species that—

removed “(A) is—

removed “(i) not listed as endangered or threatened under such section; and

removed “(ii) a candidate for such listing, a State-listed species, or a special concern species; or

removed “(B) is deemed a species of greatest conservation need by a State wildlife action plan.”

(3)
removed Other enrollment considerations— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended—
(A)
removed by striking “and” at the end of paragraph (1);
(B)
removed by redesignating paragraph (2) as paragraph (3); and
(C)
removed by inserting after paragraph (1) the following new paragraph:

removed “(2) conserve forest lands that provide habitat for species described in subsection (b)(1); and”

(4)
removed 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)
removed Enrollment of acreage owned by an Indian Tribe— Section 502(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)(3)(B)), as redesignated under paragraph (4), is amended by striking clauses (ii) and (iii) and inserting the following new clauses:

removed “(ii) a 10-year, cost-share agreement;

removed “(iii) a permanent easement; or

removed “(iv) any combination of the options described in clauses (i) through (iii).”

(6)
removed Species-related enrollment priority— Subparagraph (B) of section 502(f)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is amended to read as follows:

removed “(B) secondarily, species that—

removed “(i) are—

removed “(I) not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and

removed “(II) candidates for such listing, State-listed species, or special concern species; or

removed “(ii) are species of greatest conservation need, as identified in State wildlife action plans.”

(7)
removed 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:

removed “(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:

removed “(1) Land management practices.

removed “(2) Vegetative treatments.

removed “(3) Structural practices and measures.

removed “(4) Other practices and measures.”

(8)
removed Funding— Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
(A)
removed in the subsection heading, by striking “Fiscal Years 2014 through 2018” and inserting “Authorization of appropriations”; and
(B)
removed by striking “2018” and inserting “2023”.
(9)
removed 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)
removed Insect and disease infestation—
(1)
removed 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:

removed “(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or

removed “(B) to reduce hazardous fuels.”

(2)
removed Permanent authority— Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended by striking “for which a public notice to initiate scoping is issued on or before September 30, 2018,”.
(c)
removed Administrative review—
(1)
removed Clarification of treatment of areas— Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)) is amended by striking “in accordance with section 602(d)” and inserting “in accordance with section 602(d)(1)”.
(2)
removed Project size and location— Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(1)) is amended by striking “3000” and inserting “6,000”.
(d)
removed Stewardship project receipts— Section 604(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended—
(1)
removed in paragraph (2)(B), by inserting “subject to paragraph (3)(A),” before “shall”; and
(2)
removed in paragraph (3)(A), by striking “services received by the Chief or the Director” and all that follows through the period at the end and inserting the following: “services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands.”.

Sec. 8108 National Forest Foundation Act authorities

removed
(a)
removed Extension of authority to provide matching funds for administrative and project expenses— 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)
removed 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. 8109 Inclusion of invasive vegetation in designated treatment areas

removed

removed Section 602 of the Healthy Forests Restoration Act of 2003 is amended—

(1)
removed in subsection (a)—
(A)
removed in paragraph (1), by inserting “, invasive vegetation,” after “insect”; and
(B)
removed in paragraph (2), by inserting “, invasive vegetation,” after “insects”; and
(2)
removed in subsection (b)(2), by inserting “, invasive vegetation,” after “insect”.

Sec. 8201 Repeal of recycling research

changed Section 204(f) 9 of the Secure Rural Schools Forest and Community Self-Determination Rangeland Renewable Resources Research Act of 2000 1978 (16 U.S.C. 7124(f)) 1648) is amended to read as follows:repealed.

removed “(f) Requirements for project funds

removed “(1) In general—Subject to paragraph (2), the Secretary concerned shall ensure that at least 50 percent of the project funds reserved under section 102(d) by a participating county shall be available only for projects that—

removed “(A) include—

removed “(i) the sale of timber or other forest products;

removed “(ii) reduce fire risks; or

removed “(iii) improve water supplies; and

removed “(B) implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality.

removed “(2) Applicability—The requirement in paragraph (1) shall apply only to project funds reserved by a participating county whose boundaries include Federal land that the Secretary concerned determines has been subject to a timber or other forest products program within 5 fiscal years before the fiscal year in which the funds are reserved.”

Sec. 8202 Repeal of forestry student grant program

added Section 10 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1649) is repealed.

(a)
removed Recognition of resource advisory committees— Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking “2018” each place it appears and inserting “2023”.
(b)
removed Reduction in composition of committees— Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is amended—
(1)
removed in paragraph (1), by striking “15 members” and inserting “9 members”; and
(2)
removed by striking “5 persons” each place it appears and inserting “3 persons”.
(c)
removed Expanding local participation on committees— Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is further amended—
(1)
removed in paragraph (3), by inserting before the period at the end the following: “, consistent with the requirements of paragraph (4)”; and
(2)
removed by striking paragraph (4) and inserting the following new paragraph:

removed “(4) Geographic distribution—The members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction, or an adjacent county.”

(d)
removed Appointment of resource advisory committees by applicable designee—
(1)
removed In general— Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is further amended—
(A)
removed in subsection (a)—
(i)
removed in paragraph (1), by inserting “(or applicable designee)” after “The Secretary concerned”;
(ii)
removed in paragraph (3), by inserting “(or applicable designee)” after “the Secretary concerned”; and
(iii)
removed in paragraph (4), by inserting “(or applicable designee)” after “the Secretary concerned” both places it appears;
(B)
removed in subsection (b)(6), by inserting “(or applicable designee)” after “the Secretary concerned”;
(C)
removed in subsection (c)—
(i)
removed in the subsection heading, by inserting “or applicable designee” after “by the Secretary”;
(ii)
removed in paragraph (1), by inserting “(or applicable designee)” after “The Secretary concerned” both places it appears;
(iii)
removed in paragraph (2), by inserting “(or applicable designee)” after “The Secretary concerned”;
(iv)
removed in paragraph (4), by inserting “(or applicable designee)” after “The Secretary concerned”; and
(v)
removed by adding at the end the following new paragraph:

removed “(6) Applicable designee—In this section, the term applicable designee means—

removed “(A) with respect to Federal land described in section 3(7)(A), the applicable Regional Forester; and

removed “(B) with respect to Federal land described in section 3(7)(B), the applicable Bureau of Land Management State Director.”

(D)
removed in subsection (d)(3), by inserting “(or applicable designee)” after “the Secretary concerned”; and
(E)
removed in subsection (f)(1)—
(i)
removed by inserting “(or applicable designee)” after “the Secretary concerned”; and
(ii)
removed by inserting “(or applicable designee)” after “of the Secretary”.
(2)
removed Conforming amendment— Section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121(3)) is amended by inserting “(or applicable designee (as defined in section 205(c)(6)))” after “Secretary concerned” both places it appears.

Sec. 8203 Program for title II self-sustaining resource advisory committee projects

removed
(a)
removed Self-Sustaining resource advisory committee projects— Title II of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the following new section:

removed “209. Program for self-sustaining resource advisory committee projects

removed “(a) RAC program—The Chief of the Forest Service shall conduct a program (to be known as the “self-sustaining resource advisory committee program” or “RAC program”) under which 10 resource advisory committees will propose projects authorized by subsection (c) to be carried out using project funds reserved by a participating county under section 102(d).

removed “(b) Selection of participating resource advisory committees—The selection of resource advisory committees to participate in the RAC program is in the sole discretion of the Chief of the Forest Service.

removed “(c) Authorized projects—Notwithstanding the project purposes specified in sections 202(b), 203(c), and 204(a)(5), projects under the RAC program are intended to—

removed “(1) accomplish forest management objectives or support community development; and

removed “(2) generate receipts.

removed “(d) Deposit and availability of revenues—Any revenue generated by a project conducted under the RAC program, including any interest accrued from the revenues, shall be—

removed “(1) deposited in the special account in the Treasury established under section 102(d)(2)(A); and

removed “(2) available, in such amounts as may be provided in advance in appropriation Acts, for additional projects under the RAC program.

removed “(e) Termination of authority

removed “(1) In general—The authority to initiate a project under the RAC program shall terminate on September 30, 2023.

removed “(2) Deposits in treasury—Any funds available for projects under the RAC program and not obligated by September 30, 2024, shall be deposited in the Treasury of the United States.”

(b)
removed Exception to general rule regarding treatment of receipts— Section 403(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking “All revenues” and inserting “Except as provided in section 209, all revenues”.

Sec. 8301 Repeals relating to biomass

(a)
added Biomass energy demonstration projects— Section 2410 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6708) is repealed.

removed In this subtitle:

(b)
changed Catastrophic event—Interagency cooperation to maximize biomass growth— The term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless Section 2411 of cause.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”.
(2)
removed Coos bay wagon road grant lands— The term Coos Bay Wagon Road Grant lands means the lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179).
(3)
removed Forest management activity— The term forest management activity means a project or activity carried out by the Secretary concerned on National Forest System lands or public lands consistent with the forest plan covering the lands.
(4)
removed Forest plan— The term forest plan means—
(A)
removed a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or
(B)
removed a land and resource 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).
(5)
removed National Forest System— The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(6)
removed Oregon and California railroad grant lands— The term Oregon and California Railroad Grant lands means the following lands:
(A)
removed All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 (43 U.S.C. 1181a).
(B)
removed All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 1181h).
(C)
removed All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f).
(7)
removed Public lands— The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands.
(8)
removed Reforestation activity— The term reforestation activity means a forest management activity carried out by the Secretary concerned where the primary purpose is the reforestation of impacted lands following a catastrophic event. The term includes planting, evaluating and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the impacted lands.
(9)
removed Resource advisory committee— The term resource advisory committee has the meaning given that term in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121).
(10)
removed Salvage operation— The term salvage operation means a forest management activity carried out in response to a catastrophic event where the primary purpose is—
(A)
removed to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area;
(B)
removed to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or
(C)
removed to provide a funding source for reforestation for the National Forest System lands or public lands impacted by the catastrophic event.
(11)
removed Secretary concerned— The term Secretary concerned means—
(A)
removed the Secretary of Agriculture, with respect to National Forest System lands; and
(B)
removed the Secretary of the Interior, with respect to public lands.

Sec. 8302 Rule of application for National Forest System lands and public lands

removed

removed Unless specifically provided by a provision of this subtitle, the authorities provided by this subtitle do not apply with respect to any National Forest System lands or public lands—

(1)
removed that are included in the National Wilderness Preservation System;
(2)
removed that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless—
(A)
removed the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or
(B)
removed the Secretary of Agriculture determines the forest management activity is permissible under the applicable roadless rule governing such lands; or
(3)
removed on which timber harvesting for any purpose is prohibited by Federal statute.

Sec. 8303 Consultation under the Endangered Species Act

removed
(a)
removed No consultation if action not likely To adversely affect a listed species or designated critical habitat— With respect to a forest management activity carried out pursuant to this subtitle, consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall not be required if the Secretary concerned determines that such forest management activity is not likely to adversely affect a listed species or designated critical habitat.
(b)
removed Expedited consultation— With respect to a forest management activity carried out pursuant to this subtitle, consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary concerned.

Sec. 8304 Secretarial discretion in the case of two or more categorical exclusions

removed

removed To the extent that a forest management activity may be categorically excluded under more than one of the sections of this subtitle, the Secretary concerned shall have full discretion to determine which categorical exclusion to use.

Sec. 8311 Categorical exclusion to expedite certain critical response actions

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is—
(1)
removed to address an insect or disease infestation;
(2)
removed to reduce hazardous fuel loads;
(3)
removed to protect a municipal water source;
(4)
removed to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances;
(5)
removed to increase water yield; or
(6)
removed any combination of the purposes specified in paragraphs (1) through (5).
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Acreage limitations— A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres.

Sec. 8312 Categorical exclusion to expedite salvage operations in response to catastrophic events

removed
(a)
removed Categorical exclusion established— Salvage operations carried out by the Secretary concerned on National Forest System lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(c)
removed Acreage limitation— A salvage operation covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres.
(d)
removed Additional requirements—
(1)
removed Stream buffers— A salvage operation covered by the categorical exclusion established under subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan, except that the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands, may, on a case-by-case basis, waive the standards and guidelines.
(2)
removed Reforestation plan— A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; (16 U.S.C. 576b)), as part of a salvage operation covered by the categorical exclusion established under subsection (a).

Sec. 8313 Categorical exclusion to meet forest plan goals for early successional forests

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Project goals— To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site.
(e)
removed Acreage limitations— A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres.

Sec. 8314 Categorical exclusion for hazard trees

removed
(a)
removed Categorical exclusion established— Forest management activities carried out by the Secretary concerned to remove hazard trees for purposes of the protection of public health or safety, water supply, or public infrastructure are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.

Sec. 8315 Categorical exclusion to improve or restore National Forest System lands or public land or reduce the risk of wildfire

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion—
(1)
removed Designation— The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands.
(2)
removed Activities authorized— The following forest management activities may be carried out pursuant to the categorical exclusion established under subsection (a):
(A)
removed Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments.
(B)
removed Performance of hazardous fuels management.
(C)
removed Creation of fuel and fire breaks.
(D)
removed Modification of existing fences in order to distribute livestock and help improve wildlife habitat.
(E)
removed Stream restoration and erosion control, including the installation of erosion control devices.
(F)
removed Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat.
(G)
removed Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species.
(H)
removed Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Acreage limitations— A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres.
(e)
removed Definitions— In this section:
(1)
removed Hazardous fuels management— The term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire.
(2)
removed Late-season grazing— The term late-season grazing means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year.
(3)
removed Targeted livestock grazing— The term targeted livestock grazing means grazing used for purposes of hazardous fuels management.

Sec. 8316 Categorical exclusion for forest restoration

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion—
(1)
removed Designation— The category of forest management activities designated under this section for categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is—
(A)
removed to improve forest health and resiliency to disturbances;
(B)
removed to reduce hazardous fuels; or
(C)
removed to improve wildlife and aquatic habitat.
(2)
removed Activities authorized— The following forest management activities may be carried out pursuant the categorical exclusion established under subsection (a):
(A)
removed Timber harvests, including commercial and pre-commercial timber harvest, salvage harvest, and regeneration harvest.
(B)
removed Hazardous fuels reduction.
(C)
removed Prescribed burning.
(D)
removed Improvement or establishment of wildlife and aquatic habitat.
(E)
removed Stream restoration and erosion control.
(F)
removed Road and trail decommissioning.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Acreage limitations— A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 6,000 acres.
(e)
removed Limitations on road building—
(1)
removed Permanent roads— A forest management activity covered by the categorical exclusion established by subsection (a) may include—
(A)
removed the construction of permanent roads not to exceed 3 miles; and
(B)
removed the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts.
(2)
removed Temporary roads— Any temporary road constructed for a forest management activity covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed.

Sec. 8317 Categorical exclusion for infrastructure forest management activities

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is—
(1)
removed constructing, reconstructing, or decommissioning National Forest System roads not exceeding 3 miles;
(2)
removed adding an existing road to the forest transportation system;
(3)
removed reclassifying a National Forest System road at a different maintenance level;
(4)
removed reconstructing, rehabilitating, or decommissioning bridges;
(5)
removed removing dams; or
(6)
removed maintaining facilities through the use of pesticides as authorized by applicable Federal and State law and as applied in accordance with label instructions.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section.

Sec. 8318 Categorical exclusion for developed recreation sites

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion—
(1)
removed Designation— The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is to operate, maintain, modify, reconstruct, or decommission existing developed recreation sites.
(2)
removed Activities authorized— The following forest management activities may be carried out pursuant to the categorical exclusion under subsection (a):
(A)
removed Constructing, modifying, or reconstructing toilet or shower facilities.
(B)
removed Constructing, modifying, or reconstructing fishing piers, wildlife viewing platforms, docks, or other constructed recreation sites or facilities.
(C)
removed Constructing, reconstructing, or maintaining, parking areas, National Forest System roads, or National Forest System trails within or connecting to recreation sites, including paving and road and trail rerouting, except that—
(i)
removed permanent roads constructed under this section may not exceed 3 miles; and
(ii)
removed temporary roads constructed for projects covered by this section shall be decommissioned within 3 years of completion of the project.
(D)
removed Modifying or reconstructing existing water or waste disposal systems.
(E)
removed Constructing, modifying, or reconstructing single or group use sites.
(F)
removed Decommissioning recreation facilities or portions of recreation facilities.
(G)
removed Decommissioning National Forest System roads or National Forest System trails not exceeding 3 miles within or connecting to developed recreation sites.
(H)
removed Constructing, modifying, or reconstructing boat landings.
(I)
removed Reconstructing existing ski lifts.
(K)
removed Modifying or reconstructing a recreation lodging rental.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section.

Sec. 8319 Categorical exclusion for administrative sites

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is to construct, reconstruct, maintain, decommission, relocate, or dispose of an administrative site.
(c)
removed Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Limitations—
(1)
removed Permanent roads— A project covered by the categorical exclusion established by subsection (a) may include—
(A)
removed the construction of permanent roads not to exceed 3 miles; and
(B)
removed the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts.
(2)
removed Temporary roads— Any temporary road constructed for a project covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed.
(3)
removed Pesticides— Pesticides may only be used to carry out a project covered by the categorical exclusion established by subsection (a) as authorized by applicable Federal and State law and as applied in accordance with label instructions.
(e)
removed Definition of administrative site— In this section, the term administrative site has the meaning given the term in section 502(1) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note).

Sec. 8320 Categorical exclusion for special use authorizations

removed
(a)
removed Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
removed Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is:
(1)
removed Issuance of a new special use authorization for an existing or expired special use authorization, without any substantial change in the scope and scale of the authorized use and occupancy when—
(A)
removed the issuance is a purely ministerial action to account for administrative changes, such as a change in ownership or expiration of the current authorization; and
(B)
removed the applicant or holder is in compliance with the terms and conditions of the existing or expired special use authorization.
(2)
removed Modification, removal, repair, maintenance, reconstruction, or replacement of a facility or improvement for an existing special use authorization.
(3)
removed Issuance of a new special use authorization or amendment to an existing special use authorization for activities that will occur on existing roads, trails, facilities, or areas approved for use in a land management plan or other documented decision.
(4)
removed Approval, modification, or continuation of minor, short-term (5 years or less) special uses of National Forest System lands or public lands.
(5)
removed Issuance of a special use authorization for an existing unauthorized use or occupancy that has not been deemed in trespass where no new ground disturbance is proposed.
(6)
removed Approval or modification of minor special uses of National Forest System lands or public lands that require less than 20 contiguous acres.
(7)
removed Approval of vegetative management plans, and vegetation management activities in accordance with an approved vegetation management plan, under a special use authorization for an electric transmission and distribution facility right-of-way.
(c)
removed Availability of exclusion— On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
removed Document requirements— The Secretary of Agriculture shall not be required to prepare a project file or decision memorandum to categorically exclude a forest management activity described under paragraphs (1) through (4) of subsection (b).

Sec. 8321 Clarification of existing categorical exclusion authority related to insect and disease infestation

removed

removed Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking “Fire Regime Groups I, II, or III” and inserting “Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V”.

Sec. 8331 Good neighbor agreements

removed

removed Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—

(1)
removed in subsection (a)—
(A)
removed in paragraph (1)(B), by striking “Secretary or a Governor” and inserting “Secretary, Governor, county, or Indian Tribe”;
(B)
removed in paragraph (4) by striking “Secretary and a Governor” and inserting “Secretary and a Governor, county, or an Indian Tribe”;
(C)
removed by adding at the end the following:

removed “(10) 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)).

removed “(11) County—The term “county” has the meaning given the term in section 2 of title 1, United States Code.”

(2)
removed in subsection (b)—
(A)
removed in paragraph (1)(A), by inserting “, county, or an Indian Tribe” after “Governor”; and
(B)
removed in paragraph (3), by inserting “, county, or an Indian Tribe” after “Governor”.

Sec. 8332 Promoting cross-boundary wildfire mitigation

removed

removed Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended—

(1)
removed in subsection (d), by adding at the end the following new paragraph:

removed “(3) Cross-boundary considerations—For any fiscal year for which the amount appropriated to the Secretary for hazardous fuels reduction is in excess of $300,000,000, the Secretary—

removed “(A) is encouraged to use the excess amounts for hazardous fuels reduction projects that incorporate cross-boundary treatments of landscapes on Federal land and non-Federal land; and

removed “(B) may use the excess amounts to support authorized hazardous fuels reduction projects on non-Federal lands through grants to State Foresters, or equivalent State officials, in accordance with subsection (e) in an amount equal to the greater of—

removed “(i) 20 percent of the excess amount; and

removed “(ii) $20,000,000.”

(2)
removed by adding at the end the following new subsection:

removed “(e) Cross-Boundary fuels reduction projects

removed “(1) In general—To the maximum extent practicable, the Secretary shall use the excess funds described in subsection (d)(3) to support hazardous fuels reduction projects that incorporate treatments for hazardous fuels reduction in landscapes across ownership boundaries on Federal, State, county, or Tribal land, private land, and other 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.

removed “(2) Land treatments—To conduct and fund treatments for projects that include Federal and non-Federal land, the Secretary may—

removed “(A) use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under—

removed “(i) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and

removed “(ii) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291); and

removed “(B) allocate excess funds under subsection (d)(3) for projects carried out pursuant to section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a).

removed “(3) Cooperation—In carrying out this subsection, the State Forester, in consultation with the Secretary (or a designee)—

removed “(A) shall consult with the owners of State, county, Tribal, and private land and other non-Federal land with respect to hazardous fuels reduction projects; and

removed “(B) shall not implement any project on non-Federal land without the consent of the owner of the non-Federal land.

removed “(4) Existing laws—Regardless of the individual or entity implementing a project on non-Federal land under this subsection, only the laws and regulations that apply to non-Federal land shall be applicable with respect to the project.”

Sec. 8333 Regulations regarding designation of dead or dying trees of certain tree species on National Forest System lands in California as exempt from prohibition on export of unprocessed timber originating from Federal lands

removed
(a)
removed Issuance of regulations— Consistent with the rulemaking procedures specified in paragraph (2) of subsection (b) of section 489 of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620a), the Secretary of Agriculture shall make a determination under paragraph (1) of such subsection that unprocessed timber derived from dead or dying trees of a covered tree species originating on National Forest System lands in the State of California are surplus to domestic manufacturing needs and therefore exempt from the export prohibition contained in subsection (a) of such section.
(b)
removed Elimination of adverse effects— In making the determination under subsection (a) and in implementing any regulations issued under such subsection, the Secretary of Agriculture shall—
(1)
removed consult with representatives of sawmills in the State of California and other interested persons; and
(2)
removed make reasonable efforts to avoid adversely impacting the domestic sawmill industry in the State of California.
(c)
removed Special contract provisions— The Secretary of Agriculture may adjust contract provisions for Forest Service contracts in region 5 of the National Forest System as the Secretary considers appropriate to ensure successful implementation of, and compliance with, the regulations issued under subsection (a).
(d)
removed Relation to limitations on timber substitution— Section 490 of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620b) shall not apply to unprocessed timber designated as surplus pursuant to the regulations issued under subsection (a).
(e)
removed Additional staff for Implementation— Using funds otherwise available to the Forest Service for management, protection, improvement, and utilization of the National Forest System, the Secretary of Agriculture may hire additional Forest Service employees to implement the regulations issued under subsection (a).
(f)
removed Duration of regulations; periodic review— The regulations issued under subsection (a) shall remain in effect for a 10-year period beginning on the date of the issuance of the regulations, except that the continued need for the regulations shall be subject to the periodic review required by the second sentence of section 489(b)(2) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620a(b)(2)).
(g)
removed Definitions— In this section:
(1)
removed Covered tree species— The term covered tree species means the following pine species:
(A)
removed Ponderosa pine (Pinus ponderosa).
(B)
removed Sugar pine (Pinus lambertiana).
(C)
removed Jeffrey pine (Pinus jefferyi).
(D)
removed Lodgepole pine (Pinus contorta).
(2)
removed Died or dying— The term died or dying, with respect to a covered tree species, shall be determined in a manner consistent with applicable Forest Service standards.

Sec. 8334 Salvage and Reforestation in Response to Catastrophic Events

removed
(a)
removed Expedited salvage operations and reforestation activities following large-scale catastrophic events—
(1)
removed Expedited environmental assessment— Notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within 60 days after the conclusion of the catastrophic event.
(2)
removed Expedited implementation and completion— In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall, to the maximum extent practicable, achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event.
(3)
removed Availability of Knutson-Vandenberg funds— Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) shall be available to the Secretary of Agriculture for reforestation activities authorized by this section.
(4)
removed Timeline for Public Input Process— Notwithstanding any other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in paragraph (1), the Secretary concerned shall implement the project immediately.
(b)
removed Compliance with forest plan— A salvage operation or reforestation activity authorized by this section shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity.
(c)
removed Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal— No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event. Section 705 of title 5, United States Code, shall not apply to any challenge to the salvage operation or reforestation activity.

Sec. 8335 Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities

removed
(a)
removed Application to certain Environmental Assessments and Environmental Impact Statements— This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest management activity that—
(1)
removed is developed through a collaborative process;
(2)
removed is proposed by a resource advisory committee;
(3)
removed will occur on lands identified by the Secretary concerned as suitable for timber production;
(4)
removed will occur on lands designated by the Secretary (or designee thereof) pursuant to section 602(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), notwithstanding whether such forest management activity is initiated prior to September 30, 2018; or
(5)
removed is covered by a community wildfire protection plan.
(b)
removed Consideration of Alternatives— In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives:
(1)
removed The forest management activity.
(2)
removed The alternative of no action.
(c)
removed Elements of No Action Alternative— In the case of the alternative of no action, the Secretary concerned shall consider whether to evaluate—
(1)
removed the effect of no action on—
(A)
removed forest health;
(B)
removed habitat diversity;
(C)
removed wildfire potential;
(D)
removed insect and disease potential; and
(E)
removed timber production; and
(2)
removed the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on—
(A)
removed domestic water supply in the project area;
(B)
removed wildlife habitat loss; and
(C)
removed other economic and social factors.

Sec. 8336 Injunctive relief

removed
(a)
removed Balancing short- and long-Term effects of forest management activities in considering injunctive relief— As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of—
(1)
removed the short- and long-term effects of undertaking the agency action; against
(2)
removed the short- and long-term effects of not undertaking the action.
(b)
removed Time limitations for injunctive relief—
(1)
removed In general— Subject to paragraph (2) the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity, shall not exceed 60 days.
(2)
removed Renewal—
(A)
removed In general— A court of competent jurisdiction may issue one or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
(B)
removed Updates— In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity.

Sec. 8337 Application of roadless area conservation rule

removed

removed The roadless area conservation rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations), shall not apply to any National Forest System land in the State of Alaska.

Sec. 8338 Vacant grazing allotments made available to certain grazing permit holders

removed
(a)
removed In general— The Secretary concerned shall, to the maximum extent practicable, make vacant grazing allotments available to a holder of a grazing permit or lease issued by such Secretary if the lands covered by the permit or lease are unusable because of a natural disaster (including a drought or wildfire), court-issued injunction, or conflict with wildlife, as determined by the Secretary concerned.
(b)
removed Terms and conditions— The terms and conditions contained in a permit or lease for a vacant grazing allotment made available pursuant to this subsection (a) shall be the terms and conditions of the most recent permit or lease that was applicable to such allotment.
(c)
removed Court-issued injunctions— A court may not issue any order enjoining the use of any allotment for which a permit or lease has been issued by the Secretary concerned and continues in effect unless the Secretary concerned can make a vacant grazing allotment available to the holder of such permit or lease.
(d)
removed Environmental assessment under the National Environmental Policy Act— Activities carried out by the Secretary concerned pursuant to subsection (a) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

Sec. 8339 Pilot project for forest health, watershed improvement, and habitat restoration in New Mexico

removed
(a)
removed Pilot project established— The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a pilot project within the Lincoln National Forest, Cibola National Forest, and Gila National Forest in the State of New Mexico to analyze and demonstrate the effectiveness of various tools and techniques to address the following natural resource concerns:
(1)
removed Thinning for forest health.
(2)
removed Watershed improvement.
(3)
removed Habitat restoration.
(b)
removed Authorized activities— The Secretary of Agriculture in carrying out the pilot project established under subsection (a) may conduct applied silvicultural investigations and treatments, including—
(1)
removed silvicultural investigations conducted for the purposes of information gathering and research relating to the natural resource concerns described in subsection (a); and
(2)
removed mechanical thinning.
(c)
removed County refusal of silvicultural investigation or treatment— The Secretary may not carry out a silvicultural investigation or treatment under this section if a county in which such investigation or treatment would be conducted provides a refusal to the Secreteray with respect to such investigation or treatment.
(d)
removed Environmental assessment under the National Environmental Policy Act— Forest management activities carried out by the Secretary of Agriculture under this section are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(f)
removed Public participation— The Secretary shall encourage meaningful public participation during preparation of a silvicultural investigation or treatment under this section.
(g)
removed Use of arbitration instead of litigation to address challenges to forest management activities—
(1)
removed Discretionary arbitration process pilot program—
(A)
removed In general— The Secretary of Agriculture shall establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the an objection or protest to a forest management activity carried out pursuant to this section.
(B)
removed Activities described— The Secretary of Agriculture, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under subparagraph (A).
(C)
removed Maximum amount of arbitrations— Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in each Forest Service Region.
(D)
removed Determining amount of arbitrations— An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under subparagraph (C) unless—
(i)
removed on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and
(ii)
removed the arbitration proceeding has commenced with respect to such objection or protest.
(2)
removed Intervening parties—
(A)
removed Requirements— Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration—
(i)
removed by endorsing—
(I)
removed the forest management activity; or
(II)
removed the modification proposal submitted under clause (ii); or
(ii)
removed by submitting a proposal to further modify the forest management activity.
(B)
removed Deadline for submission— With respect to an objection or protest that is designated for arbitration under paragraph (1)(B), a request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which such objection or protest was designated for arbitration.
(C)
removed Multiple parties— Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of subparagraph (A).
(3)
removed Appointment of arbitrator—
(A)
removed Appointment— The Secretary of Agriculture shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the arbitration pilot program under this section.
(B)
removed Qualifications— In order to be eligible to serve as an arbitrator under this paragraph, an individual shall be, on the date of the appointment of such arbitrator—
(i)
removed certified by the American Arbitration Association; and
(ii)
removed not a registered lobbyist.
(C)
removed Selection of arbitrator—
(i)
removed In general— For each arbitration commenced under this subsection, the Secretary concerned and each applicable objector or protestor shall agree, not later than 14 days after the agreement process is initiated, on a mutually acceptable arbitrator from the list published under subparagraph (A).
(ii)
removed Appointment after 14-days— In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in clause (i), the Secretary concerned shall appoint an arbitrator from the list published under subparagraph (A).
(4)
removed Selection of proposals—
(A)
removed In general— The arbitrator appointed under paragraph (3)—
(i)
removed may not modify any of the proposals submitted with the objection, protest, or request to intervene; and
(ii)
removed shall select to be conducted—
(I)
removed the forest management activity, as approved by the Secretary; or
(II)
removed a proposal submitted by an objector or an intervening party.
(B)
removed Selection criteria— An arbitrator shall, when selecting a proposal, consider—
(i)
removed whether the proposal is consistent with the applicable forest plan, laws, and regulations;
(ii)
removed whether the proposal can be carried out by the Secretary of Agriculture; and
(iii)
removed the effect of each proposal on—
(I)
removed forest health;
(II)
removed habitat diversity;
(III)
removed wildfire potential;
(IV)
removed insect and disease potential;
(V)
removed timber production; and
(VI)
removed the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on—
(aa)
removed domestic water costs;
(bb)
removed wildlife habitat loss; and
(cc)
removed other economic and social factors.
(5)
removed Effect of decision— The decision of an arbitrator with respect to the forest management activity—
(A)
removed shall not be considered a major Federal action;
(B)
removed shall be binding; and
(C)
removed shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
(6)
removed Deadline for completion— Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed.
(h)
removed Termination— The authority to carry out this section shall terminate on the date that is 7 years after the date of the enactment of this section.

Sec. 8401 Promoting cross-boundary wildfire mitigation

added Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the end the following:

added “(e) Cross-boundary hazardous fuel reduction projects

added “(1) Definitions—In this subsection:

added “(A) Hazardous fuel reduction project—The term hazardous fuel reduction project means a hazardous fuel reduction project described in paragraph (2).

added “(B) Non-Federal land—The term non-Federal land includes—

added “(i) State land;

added “(ii) county land;

added “(iii) Tribal land;

added “(iv) private land; and

added “(v) other non-Federal land.

added “(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.

added “(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—

added “(A) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and

added “(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).

added “(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—

added “(A) shall consult with any applicable owners of the non-Federal land; and

added “(B) shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land.

added “(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.”

(a)
removed Prompt consideration of Tribal requests— Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended—
(1)
removed in paragraph (1), by striking “Not later than 120 days after the date on which an Indian tribe submits to the Secretary” and inserting “In response to the submission by an Indian Tribe of ”; and
(2)
removed by adding at the end the following new paragraph:

removed “(4) Time periods for consideration

removed “(A) Initial response—Not later than 120 days after the date on which the Secretary receives a Tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian Tribe regarding—

removed “(i) whether the request may meet the selection criteria described in subsection (c); and

removed “(ii) the likelihood of the Secretary entering into an agreement or contract with the Indian Tribe under paragraph (2) for activities described in paragraph (3).

removed “(B) Notice of denial—Notice under subsection (d) of the denial of a Tribal request under paragraph (1) shall be provided not later than 1 year after the date on which the Secretary received the request.

removed “(C) Completion—Not later than 2 years after the date on which the Secretary receives a Tribal request under paragraph (1), other than a Tribal request denied under subsection (d), the Secretary shall—

removed “(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and

removed “(ii) enter into the agreement or contract with the Indian Tribe under paragraph (2).”

(b)
removed Conforming and technical amendments— Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended—
(1)
removed in subsections (b)(1) and (f)(1), by striking “section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))” and inserting “section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)”; and
(2)
removed in subsection (d), by striking “subsection (b)(1), the Secretary may” and inserting “paragraphs (1) and (4)(B) of subsection (b), the Secretary shall”.

Sec. 8402 Authorization of appropriations for hazardous fuel reduction on Federal land

changed The Secretary Section 108 of the Interior and the Secretary Healthy Forests Restoration Act of Agriculture may carry out demonstration projects 2003 (16 U.S.C. 6518) is amended by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, striking “$760,000,000 for each fiscal year” and other functions of programs of the Tribal Forest Protection Act inserting “$660,000,000 for each of 2004 (25 U.S.C. 3115a et seq.) fiscal years 2019 through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).2023”.

Sec. 8403 Repeal of biomass commercial utilization grant program

added
(a)
added In general— Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
(b)
added 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

added
(a)
added 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:

added “303. Water Source Protection Program

added “(a) Definitions—In this section:

added “(1) End water user—The term end water user means a non-Federal entity, including—

added “(A) a State;

added “(B) a political subdivision of a State;

added “(C) an Indian tribe;

added “(D) a utility;

added “(E) a municipal water system;

added “(F) an irrigation district;

added “(G) a nonprofit organization; and

added “(H) a corporation.

added “(2) Forest management activity—The term forest management activity means a project carried out by the Secretary on National Forest System land.

added “(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).

added “(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).

added “(5) Program—The term Program means the Water Source Protection Program established under subsection (b).

added “(6) Secretary—The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

added “(7) Water source management plan—The term water source management plan means the water source management plan developed under subsection (d)(1).

added “(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.

added “(c) Water source investment partnerships

added “(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.

added “(2) Form—A partnership agreement described in paragraph (1) may take the form of—

added “(A) a memorandum of understanding;

added “(B) a cost-share or collection agreement;

added “(C) a long-term funding matching commitment; or

added “(D) another appropriate instrument, as determined by the Secretary.

added “(d) Water source management plan

added “(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.

added “(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.

added “(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.)—

added “(A) for each watershed protection and restoration project included in the water source management plan; or

added “(B) as part of the development of, or after the finalization of, the water source management plan.

added “(e) Forest management activities

added “(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—

added “(A) protecting a municipal water supply system;

added “(B) restoring forest health from insect infestations and disease; or

added “(C) any combination of the purposes described in subparagraphs (A) and (B).

added “(2) Compliance—The Secretary shall carry out forest management activities under paragraph (1) in accordance with—

added “(A) this Act;

added “(B) the applicable water source management plan;

added “(C) the applicable forest plan; and

added “(D) other applicable laws.

added “(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.).

added “(g) Funds and services

added “(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.

added “(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.

added “(3) Manner of use—The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.

added “(4) Water source protection fund

added “(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).

added “(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.

added “(C) Partnership agreements—The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).”

(b)
added 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. 8405 Watershed Condition Framework

added
(a)
added 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:

added “304. Watershed Condition Framework

added “(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—

added “(1) to evaluate and classify the condition of watersheds, taking into consideration—

added “(A) water quality and quantity;

added “(B) aquatic habitat and biota;

added “(C) riparian and wetland vegetation;

added “(D) the presence of roads and trails;

added “(E) soil type and condition;

added “(F) groundwater-dependent ecosystems;

added “(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and

added “(H) other significant factors, as determined by the Secretary;

added “(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—

added “(A) wildfire behavior;

added “(B) flood risk;

added “(C) fish and wildlife;

added “(D) drinking water supplies;

added “(E) irrigation water supplies;

added “(F) forest-dependent communities; and

added “(G) other significant impacts, as determined by the Secretary;

added “(3) to develop a watershed protection and restoration action plan for each priority watershed that—

added “(A) takes into account existing restoration activities being implemented in the watershed; and

added “(B) includes, at a minimum—

added “(i) the major stressors responsible for the impaired condition of the watershed;

added “(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions;

added “(iii) a proposed implementation schedule;

added “(iv) potential partners and funding sources; and

added “(v) a monitoring and evaluation program;

added “(4) to prioritize protection and restoration activities for each watershed restoration action plan;

added “(5) to implement each watershed protection and restoration action plan; and

added “(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.

added “(b) Coordination—In carrying out subsection (a), the Secretary shall—

added “(1) coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and

added “(2) provide for an active and ongoing public engagement process.

added “(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—

added “(1) a wildfire has significantly diminished the condition of the watershed; and

added “(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.”

(b)
added Conforming amendment— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) (as amended by section 8404(b)) is amended by inserting after the item relating to section 303 the following:

Sec. 8406 Authorization of appropriations to combat insect infestations and related diseases

added
(a)
added In general— Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended to read as follows:

added “406. Termination of effectiveness

added “The authority provided by this title terminates effective October 1, 2023.”

(b)
added 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. 8407 Healthy Forests Restoration Act of 2003 amendments

added
(a)
added Healthy forests reserve program—
(1)
added Additional purpose of program— Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—
(A)
added by striking “and” at the end of paragraph (2);
(B)
added by redesignating paragraph (3) as paragraph (4); and
(C)
added by inserting after paragraph (2) the following new paragraph:

added “(3) to conserve forest land that provides habitat for species described in section 502(b); and”

(2)
added 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:

added “(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—

added “(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

added “(2) improve the well-being of a species that—

added “(A) is—

added “(i) not listed as endangered or threatened under such section; and

added “(ii) a candidate for such listing, a State-listed species, or a special concern species; or

added “(B) is deemed a species of greatest conservation need by a State wildlife action plan.”

(3)
added Other enrollment considerations— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended—
(A)
added by striking “and” at the end of paragraph (1);
(B)
added by redesignating paragraph (2) as paragraph (3); and
(C)
added by inserting after paragraph (1) the following new paragraph:

added “(2) conserve forest land that provides habitat for species described in subsection (b); and”

(4)
added 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)
added 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:

added “(ii) a 10-year cost-share agreement;

added “(iii) a permanent easement; or

added “(iv) any combination of the options described in clauses (i) through (iii).”

(6)
added 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:

added “(ii)

added “(I) are candidates for such listing, State-listed species, or special concern species; or

added “(II) are deemed a species of greatest conservation need under a State wildlife action plan.”

(7)
added 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:

added “(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:

added “(1) Land management practices.

added “(2) Vegetative treatments.

added “(3) Structural practices and measures.

added “(4) Practices to increase carbon sequestration.

added “(5) Practices to improve biological diversity.

added “(6) Other practices and measures.”

(8)
added Funding— Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
(A)
added in the subsection heading, by striking “fiscal years 2014 through 2018” and inserting “authorization of appropriations”; and
(B)
added by striking “2018” and inserting “2023”.
(9)
added 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)
added Insect and disease infestation—
(1)
added 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)—

added “(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or

added “(B) to reduce hazardous fuels.”

(2)
added 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

added

added Section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended by striking subsection (f).

Sec. 8501 Repeal of revision of strategic plan for forest inventory and analysis

added Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note; Public Law 113–79) is repealed.

(a)
removed 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)
removed Activities— In carrying out subsection (a), the Secretary shall—
(1)
removed 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 that meets measurable performance goals for the achievement of the priorities described in subsection (c); and
(2)
removed 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)
removed Priorities— The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
(1)
removed ways to improve the commercialization of innovative wood products;
(2)
removed analyzing the safety of tall wood building materials;
(3)
removed calculations by the Secretary of the life cycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction;
(4)
removed analyzing methods to reduce the life cycle environmental footprint of tall wood building construction;
(5)
removed analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
(6)
removed one or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry.
(d)
removed 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 period.
(e)
removed Definitions— In this section:
(1)
removed 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)
removed Mass timber— The term mass timber includes—
(A)
removed cross-laminated timber;
(B)
removed nail-laminated timber;
(C)
removed glue-laminated timber;
(D)
removed laminated strand lumber; and
(E)
removed laminated veneer lumber.
(3)
removed Secretary— The term Secretary means the Secretary of Agriculture, acting through the Research and Development deputy area and the State and Private Forestry deputy area of the Forest Service.
(4)
removed Tall wood building— The term tall wood building means a building designed to be—
(A)
removed constructed with mass timber; and
(B)
removed more than 85 feet in height.

Sec. 8502 Semiarid agroforestry research center

added 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”.

(a)
removed Pilot program required— To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily perform vegetation management on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary shall conduct a limited, voluntary pilot program, in the manner described in this section, to permit vegetation management projects on National Forest System land adjacent to or near such rights-of-way.
(b)
removed Eligible participants— A participant in the pilot program must have a right-of-way on National Forest System land. In selecting participants, the Secretary shall give priority to holders of a right-of-way who have worked with Forest Service fire scientists and used technologies, such as Light Detection and Ranging surveys, to improve utility infrastructure protection prescriptions.
(c)
removed Project elements— A vegetation management project under the pilot program involves limited and selective vegetation management activities, which—
(1)
removed shall create the least amount of disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models;
(2)
removed may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other measures as appropriate;
(3)
removed shall only take place adjacent to the participant’s right-of-way or within 75 feet of the participant’s right-of-way;
(4)
removed shall not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and
(5)
removed shall be subject to approval by the Forest Service in accordance with this section.
(d)
removed Project costs— A participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program, unless the Secretary determines that it is in the public interest for the Forest Service to contribute funds for a vegetation management project conducted under the pilot program.
(e)
removed Liability—
(1)
removed In general— Participation in the pilot program does not affect any existing legal obligations or liability standards that—
(A)
removed arise under the right-of-way for activities in the right-of-way; or
(B)
removed apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project.
(2)
removed Project work— A participant shall not be liable to the United States for damage proximately caused by activities conducted pursuant to an approved vegetation management project unless—
(A)
removed such activities were carried out in a manner that was grossly negligent or that violated criminal law; or
(B)
removed the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of participating in the pilot program.
(f)
removed Implementation— The Secretary shall utilize existing laws and regulations in the conduct of the pilot program and, in order to implement the pilot program in an efficient and expeditious manner, may waive or modify specific provisions of the Federal Acquisition Regulation, including modifications to allow for formation of contracts or agreements on a noncompetitive basis.
(g)
removed Treatment of proceeds— Notwithstanding any other provision of law, the Secretary may—
(1)
removed retain any funds provided to the Forest Service by a participant in the pilot program; and
(2)
removed use such funds, in such amounts as may be appropriated, in the conduct of the pilot program.
(h)
removed Definitions— In this section:
(1)
removed National Forest System land— 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)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012).
(2)
removed Passing wildfire— The term passing wildfire means a wildfire that originates outside the right-of-way.
(3)
removed Right-of-way— The term right-of-way means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure.
(4)
removed Utility infrastructure— The term utility infrastructure means electric transmission lines, natural gas infrastructure, or related structures.
(i)
removed Duration— The authority to conduct the pilot program, and any vegetation management project under the pilot program, expires December 21, 2027.
(j)
removed Report to Congress— Not later than December 31, 2019, and every two years thereafter, the Secretary shall issue a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives on the status of the program and any projects established under this section.

Sec. 8503 National Forest Foundation Act

(a)
changed Determinations of extraordinary circumstances—Matching funds— In determining whether extraordinary circumstances related to a proposed action preclude use Section 405(b) of a categorical exclusion, the National Forest Service shall not be required to—Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking “2018” and inserting “2023”.
(1)
removed consider whether a proposed action is within a potential wilderness area;
(2)
removed consider whether a proposed action affects a Forest Service sensitive species;
(3)
removed conduct an analysis under section 220.4(f) of title 36, Code of Federal Regulations, of the proposed action’s cumulative impact (as the term is defined in section 1508.7 of title 40, Code of Federal Regulations);
(4)
removed consider a determination under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed action may affect, but is not likely to adversely affect, threatened, endangered, or candidate species, or designated critical habitats; or
(5)
removed consider a determination under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed action may affect, and is likely to adversely affect threatened, endangered, candidate species, or designated critical habitat if the agency is in compliance with the applicable provisions of the biological opinion.
(b)
changed Proposed rulemaking—Authorization of appropriations— Not later than 60 days after the date of the enactment Section 410(b) of this Act, the Secretary of Agriculture shall publish a notice of proposed rulemaking to revise section 220.6(b) of title 36, Code of Federal Regulations to conform such section with subsection (a).National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended by striking “2018” and inserting “2023”.
(c)
removed Additional revision— As part of the proposed rulemaking described in subsection (b), the Secretary of Agriculture shall revise section 220.5(a)(2) of title 36, Code of Federal Regulations, to provide that the Forest Service shall not be required to consider proposals that would substantially alter a potential wilderness area as a class of actions normally requiring environmental impact statements.
(d)
removed Additional actions— Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue final regulations to carry out the revisions described in subsections (b) and (c).

Sec. 8504 Conveyance of Forest Service administrative sites

changed Nothing in this title or the amendments made by this title may be construed to limit from Section 503(f) of the availability Forest Service Facility Realignment and Enhancement Act of funds or other resources for wildfire suppression.2005 (16 U.S.C. 580d note; Public Law 109–54) is amended by striking “2016” and inserting “2023”.

Sec. 8505 Technical corrections

removed
(a)
removed Wildfire Suppression Funding and Forest Management Activities Act—
(1)
removed In general— The Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141) is amended—
(A)
removed in section 102(a)(2), by striking “the date of enactment” and inserting “the date of the enactment”; and
(B)
removed in section 401(a)(1), by inserting “of 2000” after “Self-Determination Act”.
(2)
removed 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)
removed Agricultural Act of 2014— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1)
removed in paragraph (3)(B)(i)(II), by striking “Good Neighbor Authority Improvement Act” and inserting “Wildfire Suppression Funding and Forest Management Activities Act”; and
(2)
removed in paragraph (7), as redesignated by section 8331, by striking “Good Neighbor Authority Improvement Act” and inserting “Wildfire Suppression Funding and Forest Management Activities Act”.

Sec. 8506 Conveyance of land and improvements to the village of Santa Clara, New Mexico

removed
(a)
removed Conveyance required— Subject to the provisions of this section, if the Village of Santa Clara, New Mexico, submits to the Secretary a written request for conveyance, the Secretary shall convey to the Village of Santa Clara all right, title, and interest of the United States in and to approximately 1,520 acres of National Forest System land, as generally depicted on the map.
(b)
removed Map—
(1)
removed Availability of map— The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.
(2)
removed Correction of errors— The Secretary may correct minor errors in the map.
(c)
removed Consideration—
(1)
removed In general— As consideration for the conveyance of land under subsection (a), the Village of Santa Clara shall pay to the Secretary an amount equal to the market value of the land, as determined by the appraisal under subsection (g).
(2)
removed Installments— The amount described in paragraph (1) may be paid in periodic installments to the Secretary.
(3)
removed Parcel conveyances— Upon receipt of an installment pursuant to paragraph (2), the Secretary shall convey to the Village of Santa Clara all right, title, and interest of the United States in and to a parcel of the land described subsection (a) that is equal in value to such installment and identified by the Village of Santa Clara at the time such installment is paid.
(d)
removed Terms and conditions— The conveyance under subsection (a) shall be—
(1)
removed subject to valid existing rights;
(2)
removed made by quitclaim deed;
(3)
removed subject to the reservation by the Secretary of an access easement over and across Fort Bayard Road; and
(4)
removed subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
(e)
removed Costs of conveyance— As a condition for the conveyance under subsection (a) and in addition to the consideration paid under subsection (c), the Village of Santa Clara shall pay for all costs associated with the conveyance, including for—
(1)
removed the land survey under subsection (f);
(2)
removed any environmental analysis and resource surveys determined necessary by Federal law; and
(3)
removed the appraisal under subsection (g).
(f)
removed Survey— The actual acreage and legal description of the National Forest System land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary; notwithstanding section 7 of title 43, United States Code, the Secretary is authorized to perform and approve any required cadastral surveys.
(g)
removed Appraisal— The Secretary shall complete an appraisal of the land to be conveyed under subsection (a) in accordance with—
(1)
removed the “Uniform Appraisal Standards for Federal Land Acquisitions”; and
(2)
removed the “Uniform Standards of Professional Appraisal Practice”.
(h)
removed Definitions— In this section:
(1)
removed Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(2)
removed Map— The term map means the map entitled “Village of Santa Clara Conveyance Act 2018” and dated February 21, 2018.

Sec. 8507 Streamlining the Forest Service process for consideration of communications facility location applications

removed
(a)
removed Definitions— In this section:
(1)
removed Communications facility— The term communications facility includes—
(A)
removed 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)
removed any antenna or apparatus that—
(i)
removed is designed for the purpose of emitting radio frequency;
(ii)
removed 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)
removed is added to a tower, building, or other structure.
(2)
removed Communications site— The term communications site means an area of covered land designated for communications uses.
(3)
removed Communications use— The term communications use means the placement and operation of communications facility.
(4)
removed 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)
removed Covered land— The term covered land means National Forest System land.
(6)
removed Forest service— The term Forest Service means the United States Forest Service of the Department of Agriculture.
(7)
removed Organizational unit— The term organizational unit means, within the Forest Service—
(A)
removed a regional office;
(B)
removed the headquarters;
(C)
removed a management unit; or
(C)
removed a ranger district office.
(b)
removed 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)
removed to streamline the process for considering applications to locate or modify communications facilities on covered land;
(2)
removed to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and
(3)
removed to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.
(c)
removed Requirements— The regulations issued under subsection (b) shall include the following:
(1)
removed Procedures for the tracking of applications described in subsection (b)(1), including—
(A)
removed identifying the number of applications—
(i)
removed received;
(ii)
removed approved; and
(iii)
removed denied;
(B)
removed in the case of an application that is denied, describing the reasons for the denial; and
(C)
removed describing the amount of time between the receipt of an application and the issuance of a final decision on an application.
(2)
removed 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)
removed A policy under which a communications use authorization renews automatically on expiration, unless the communications use authorization is revoked for good cause.
(4)
removed A structure of fees for—
(A)
removed submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and
(B)
removed 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.
(5)
removed Provision that if the Forest Service does not grant or deny an application under subparagraph (A) by the deadline established in section 6409 of the Middle Class Tax Relief and Job Creation Act as amended by the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (47 U.S.C. 1455(b)(3)(A)), the Forest Service shall be deemed to have granted the application.
(6)
removed Provision for prioritization or streamlining the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way.
(d)
removed Additional considerations— In issuing regulations under subsection (b), the Secretary shall consider—
(1)
removed 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)
removed 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)
removed Communication of streamlined process to organizational units— The Secretary shall, with respect to the regulations issued under subsection (b)—
(1)
removed communicate the regulations to the organizational units of the Forest Service; and
(2)
removed ensure that the organizational units of the Forest Service follow the regulations.
(f)
removed Deposit and availability of fees—
(1)
removed 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)(4) for communications use authorizations on covered land granted, issued, or executed by the Forest Service.
(2)
removed Requirements for fees collected— Fees collected by the Forest Service under subsection (c)(4) shall be—
(A)
removed based on the costs described in subsection (c)(4); and
(B)
removed competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
(3)
removed Deposit of fees— Fees collected by the Forest Service under subsection (c)(4) shall be deposited in the special account established for the Forest Service under paragraph (1).
(4)
removed 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)(4), including the following:
(A)
removed Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations.
(B)
removed Developing management plans for communications sites.
(C)
removed Training for management of communications sites.
(D)
removed Obtaining or improving access to communications sites.
(5)
removed No additional appropriations authorized— Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
(g)
removed Savings provisions—
(1)
removed 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)
removed 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 (Public Law 114–387), 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. 8508 Report on wildfire, insect infestation, and disease prevention on Federal land

removed

removed Not later than 180 days after the date of the enactment of this Act and every year thereafter, the Secretary of Agriculture and the Secretary of Interior shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—

(1)
removed the number of acres of Federal land treated by the Secretary of Agriculture or the Secretary of the Interior for wildfire, insect infestation, or disease prevention;
(2)
removed the number of acres of Federal land categorized as a high or extreme fire risk;
(3)
removed the total timber production from Federal land;
(4)
removed the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
(5)
removed the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention; and
(6)
removed the Federal response time for each fire on greater than 25,000 acres.

Sec. 8509 Collaborative forest landscape restoration program

removed

removed Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended—

(1)
removed in subsection (d)(1)(B), by inserting “, except the Secretary may waive, on a case-by-case basis, the 10-year period requirement under paragraph (1)(B) of such subsection” after “subsection (b)”; and
(2)
removed in subsection (f)—
(A)
removed in paragraph (4)(B), by striking “proposal” and all that follows through “in excess” and inserting “proposal in excess”; and
(B)
removed in paragraph (6), by striking “2019” and inserting “2023”.

Sec. 8510 West Fork Fire Station

removed
(a)
removed Definitions— In this section:
(1)
removed County— The term “County” means Dolores County, Colorado.
(2)
removed 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)
removed Conveyance of west fork fire station conveyance parcel, dolores county, colorado—
(1)
removed 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)
removed Costs— Any costs relating to the conveyance under paragraph (1), including processing and transaction costs, shall be paid by the County.
(3)
removed 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)
removed Reversion— If any portion of the land conveyed under paragraph (1) is used in a manner that is inconsistent with the use described in paragraph (3), the land shall, at the discretion of the Secretary, revert to the United States.

Sec. 8511 Competitive forestry, natural resources, and environmental grants program

removed

removed Section 1232 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 582a–8) is amended—

(1)
removed in subsection (a) by inserting “or forest restoration” after “research”; and
(2)
removed by amending subsection (c) to read as follows:

removed “(c) Priorities

removed “(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—

removed “(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology;

removed “(B) ecosystem function and management, including forest ecosystem research, biodiversity, forest productivity, pest management, water resources, and alternative silvicultural systems;

removed “(C) wood as a raw material, including forest products and harvesting;

removed “(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and administrative behavior;

removed “(E) international trade, competition, and cooperation related to forest products;

removed “(F) alternative native crops, products, and services that can be produced from renewable natural resources associated with privately held forest lands;

removed “(G) viable economic production and marketing systems for alternative natural resource products and services;

removed “(H) economic and environmental benefits of various conservation practices on forest lands;

removed “(I) genetic tree improvement; and

removed “(J) market expansion.

removed “(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.

removed “(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:

removed “(i) Collection and conservation of native tree genetic material.

removed “(ii) Production of propagules of native trees in numbers large enough for landscape scale restoration.

removed “(iii) Site preparation of former of native tree habitat.

removed “(iv) Planting of native tree seedlings.

removed “(v) Post-planting maintenance of native trees.

removed “(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:

removed “(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.

removed “(ii) The proportion of the State’s forest composed of species vulnerable to non-native pests present in the United States.

removed “(iii) The pests’ rate of spread via natural or human-assisted means.”

Sec. 8601 Definition of National Forest System

added

added 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)).

Sec. 8611 Categorical exclusion for greater sage-grouse and mule deer habitat

added
(a)
added 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:

added “606. Categorical exclusion for greater sage-grouse and mule deer habitat

added “(a) Definitions—In this section:

added “(1) Covered vegetation management activity

added “(A) In general—The term covered vegetation management activity means any activity described in subparagraph (B) that—

added “(i)

added “(I) is carried out on National Forest System land administered by the Forest Service; or

added “(II) is carried out on public land administered by the Bureau of Land Management;

added “(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;

added “(iii) conforms to an applicable forest plan or land use plan;

added “(iv) protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in—

added “(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

added “(II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies;

added “(v) will not permanently impair—

added “(I) the natural state of the treated area;

added “(II) outstanding opportunities for solitude;

added “(III) outstanding opportunities for primitive, unconfined recreation;

added “(IV) economic opportunities consistent with multiple-use management; or

added “(V) the identified values of a unit of the National Landscape Conservation System;

added “(vi)

added “(I) restores native vegetation following a natural disturbance;

added “(II) prevents the expansion into greater sage-grouse or mule deer habitat of—

added “(aa) juniper, pinyon pine, or other associated conifers; or

added “(bb) nonnative or invasive vegetation;

added “(III) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or

added “(IV) provides emergency stabilization of soil resources after a natural disturbance; and

added “(vii) provides for the conduct of restoration treatments that—

added “(I) maximize the retention of old-growth and large trees, as appropriate for the forest type;

added “(II) consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity;

added “(III) are developed and implemented through a collaborative process that—

added “(aa) includes multiple interested persons representing diverse interests; and

added “(bb)

added “(AA) is transparent and nonexclusive; or

added “(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

added “(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)).

added “(B) Description of activities—An activity referred to in subparagraph (A) is—

added “(i) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation;

added “(ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;

added “(iii) removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation;

added “(iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;

added “(v) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization;

added “(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;

added “(vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;

added “(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;

added “(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;

added “(x) installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or

added “(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.

added “(C) Exclusions—The term covered vegetation management activity does not include—

added “(i) any activity conducted in a wilderness area or wilderness study area;

added “(ii) any activity for the construction of a permanent road or permanent trail;

added “(iii) any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

added “(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

added “(v) any activity conducted in an inventoried roadless area.

added “(2) Secretary concerned—The term Secretary concerned means—

added “(A) the Secretary of Agriculture, with respect to National Forest System land; and

added “(B) the Secretary of the Interior, with respect to public land.

added “(3) Temporary road—The term temporary road means a road that is—

added “(A) authorized—

added “(i) by a contract, permit, lease, other written authorization; or

added “(ii) pursuant to an emergency operation;

added “(B) not intended to be part of the permanent transportation system of a Federal department or agency;

added “(C) not necessary for long-term resource management;

added “(D) designed in accordance with standards appropriate for the intended use of the road, taking into consideration—

added “(i) safety;

added “(ii) the cost of transportation; and

added “(iii) impacts to land and resources; and

added “(E) managed to minimize—

added “(i) erosion; and

added “(ii) the introduction or spread of invasive species.

added “(b) Categorical exclusion

added “(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.

added “(2) Administration—In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall—

added “(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

added “(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;

added “(C) with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and

added “(D) consider—

added “(i) the relative efficacy of landscape-scale habitat projects;

added “(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

added “(iii) the need for habitat restoration activities after wildfire or other natural disturbances.

added “(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.

added “(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.

added “(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—

added “(1) used for—

added “(A) fuel wood; or

added “(B) other products; or

added “(2) piled or burned, or both.

added “(f) Treatment for temporary roads

added “(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)—

added “(A) shall be used by the Secretary concerned for the covered vegetation management activity for not more than 2 years; and

added “(B) shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date on which—

added “(i) the temporary road is no longer needed; and

added “(ii) the project is completed.

added “(2) Requirement—A treatment under paragraph (1) shall include reestablishing native vegetative cover—

added “(A) as soon as practicable; but

added “(B) not later than 10 years after the date of completion of the applicable covered vegetation management activity.

added “(g) Limitations

added “(1) Project size—A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres.

added “(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)
added 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. 8621 Additional authority for sale or exchange of small parcels of National Forest System land

added
(a)
added 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)
added Additional conveyance purposes— Section 3 of Public Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is amended—
(1)
added in paragraph (2), by striking “; or” and inserting a semicolon;
(2)
added in paragraph (3), by striking the period at the end and inserting a semicolon; and
(3)
added by adding at the end the following:

added “(4) parcels of 40 acres or less that are determined by the Secretary—

added “(A) to be physically isolated from other Federal land;

added “(B) to be inaccessible; or

added “(C) to have lost National Forest character;

added “(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

added “(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)
added Disposition of proceeds— Section 2 of Public Law 97–465 (16 U.S.C. 521d) is amended—
(1)
added in the matter preceding paragraph (1), by striking “The Secretary is authorized” and inserting the following:

added “(a) Conveyance authority; consideration—The Secretary is authorized”

(2)
added in paragraph (2), in the second sentence, by striking “The Secretary shall insert” and inserting the following:

added “(b) Inclusion of terms, covenants, conditions, and reservations

added “(1) In general—The Secretary shall insert”

(3)
added in subsection (b) (as so designated)—
(A)
added by striking “convenants” and inserting “covenants”; and
(B)
added in the second sentence by striking “The preceding sentence shall not” and inserting the following:

added “(2) Limitation—Paragraph (1) shall not”

(4)
added by adding at the end the following:

added “(c) Disposition of proceeds

added “(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).

added “(2) Use—Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—

added “(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;

added “(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

added “(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

added

added Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is amended—

(1)
added by striking “The Secretary” and inserting the following:

added “(a) In general—The Secretary”

(2)
added by adding at the end the following:

added “(b) Termination of effectiveness—The authority provided to the Secretary to carry out this section terminates effective October 1, 2023.”

Sec. 8623 Authorization for lease of Forest Service sites

added
(a)
added Definitions— In this section:
(1)
added Administrative site—
(A)
added In general— The term administrative site means—
(i)
added any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
(ii)
added any Federal land that—
(I)
added 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)
added underlies or abuts the facility or improvement; and
(iii)
added for each fiscal year, not more than 10 isolated, undeveloped parcels of not more than 40 acres each.
(B)
added Exclusions— The term administrative site does not include—
(i)
added any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes;
(ii)
added any land within—
(I)
added a component of the National Wilderness Preservation System;
(II)
added a component of the National Wild and Scenic Rivers System; or
(III)
added a National Monument; or
(iii)
added any Federal land that the Secretary determines—
(I)
added is needed for resource management purposes or to provide access to other land or water; or
(II)
added would be in the public interest not to lease.
(2)
added Facility or improvement— The term facility or improvement includes—
(A)
added a forest headquarters;
(B)
added a ranger station;
(C)
added a research station or laboratory;
(D)
added a dwelling;
(E)
added a warehouse;
(F)
added a scaling station;
(G)
added a fire-retardant mixing station;
(H)
added a fire-lookout station;
(I)
added a guard station;
(J)
added a storage facility;
(K)
added a telecommunication facility; and
(L)
added any other administrative installation for conducting Forest Service activities.
(3)
added Market analysis— The term market analysis means the identification and study of the market for a particular economic good or service.
(b)
added Authorization— The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance with this section.
(c)
added 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)
added Consultation with local government and public notice— Before making an administrative site available for lease under this section, the Secretary shall—
(1)
added consult with government officials of the community and of the State in which the administrative site is located; and
(2)
added provide public notice of the proposed lease.
(e)
added Lease requirements—
(1)
added Size— An administrative site or compound of administrative sites under a single lease under this section may not exceed 40 acres.
(2)
added Configuration of administrative sites—
(A)
added In general— To facilitate the lease of an administrative site under this section, the Secretary may configure the administrative site—
(i)
added to maximize the marketability of the administrative site; and
(ii)
added to achieve management objectives.
(B)
added 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)
added Consideration—
(A)
added 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)
added Form of consideration— The consideration referred to in subparagraph (A) may be—
(i)
added cash;
(ii)
added in-kind, including—
(I)
added the construction of new facilities or improvements, the title to which shall be transferred by the lessee to the Secretary;
(II)
added the maintenance, repair, improvement, or restoration of existing facilities or improvements; and
(III)
added other services relating to activities that occur on the administrative site, as determined by the Secretary; or
(iii)
added any combination of the consideration described in clauses (i) and (ii).
(C)
added Determination of Market Value—
(i)
added In general— The Secretary shall determine the market value of an administrative site to be leased under this section—
(I)
added by conducting an appraisal in accordance with—
(aa)
added 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)
added the Uniform Standards of Professional Appraisal Practice; or
(II)
added by competitive lease.
(ii)
added In-kind consideration— The Secretary shall determine the market value of any in-kind consideration under subparagraph (B)(ii).
(4)
added 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)
added 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)
added Relation to other laws—
(1)
added 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)
added Lead-based paint and asbestos abatement—
(A)
added 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)
added 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)
added 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)
added 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)
added 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)
added to analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
(B)
added to determine whether to include any conditions under subsection (e)(4); and
(C)
added 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)
added 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)
added 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)
added Congressional notifications—
(1)
added 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)
added a list of the anticipated leases to be made, including the anticipated revenue that may be obtained, under this section;
(B)
added 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)
added a description of accomplishments during previous years using the authority of the Secretary under this section.
(2)
added 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)
added 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)
added Expiration of authority—
(1)
added In general— The authority of the Secretary to make a lease of an administrative site under this section expires on October 1, 2023.
(2)
added 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

added
(a)
added Inclusion of Indian tribes— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1)
added 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)
added in paragraph (5), by inserting “or Indian tribe” after “affected State”;
(3)
added by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and
(4)
added by inserting after paragraph (5) (as so redesignated) the following:

added “(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)
added Inclusion of counties— Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
(1)
added in subsection (a)—
(A)
added in paragraph (1)(B), by inserting “or county, as applicable,” after “Governor”;
(B)
added by redesignating paragraphs (2) through (9) (as amended by subsection (a)) as paragraphs (3) through (10), respectively;
(C)
added by inserting after paragraph (1) the following:

added “(2) County—The term county means—

added “(A) the appropriate executive official of an affected county; or

added “(B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties.”

(D)
added in paragraph (5) (as so redesignated), by inserting “or county, as applicable,” after “Governor”; and
(2)
added in subsection (b)—
(A)
added in paragraph (1)(A), by inserting “or county” after “Governor”;
(B)
added in paragraph (2)(A), by striking “cooperative agreement or contract entered into under subsection (a)” and inserting “good neighbor agreement”;
(C)
added in paragraph (3), by inserting “or county” after “Governor”; and
(D)
added by adding at the end the following:

added “(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)
added 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:

added “(C) Treatment of revenue

added “(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—

added “(I) to carry out authorized restoration services on Federal land under the good neighbor agreement; and

added “(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.

added “(ii) Termination of effectiveness—The authority provided by this subparagraph terminates effective October 1, 2023.”

Sec. 8625 Chattahoochee-Oconee National Forest land adjustment

added
(a)
added Findings— Congress finds that—
(1)
added 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)
added the disposal of that National Forest System land would be in the public interest; and
(3)
added 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)
added Land conveyance authority—
(1)
added In general— Under such terms and conditions as the Secretary may prescribe, the Secretary may sell or exchange any or all rights, title, and interest of the United States in and to the National Forest System land described in paragraph (2)(A).
(2)
added Land authorized for disposal—
(A)
added 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)
added 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)
added 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)
added Form of conveyance—
(A)
added Quitclaim deed— The Secretary shall convey National Forest System land sold or exchanged under paragraph (1) by quitclaim deed.
(B)
added 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)
added Valuation—
(A)
added 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)
added Appraisal requirements— Any appraisal under subparagraph (A) shall be—
(i)
added consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and
(ii)
added subject to the approval of the Secretary.
(5)
added Consideration—
(A)
added Cash— Consideration for a sale of National Forest System land or equalization of an exchange under paragraph (1) shall be paid in cash.
(B)
added 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)
added Method of sale—
(A)
added 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)
added Solicitations— The Secretary may—
(i)
added make public or private solicitations for the sale or exchange of National Forest System land under paragraph (1); and
(ii)
added reject any offer that the Secretary determines is not adequate or not in the public interest.
(7)
added Brokers— The Secretary may—
(A)
added use brokers or other third parties in the sale or exchange of National Forest System land under paragraph (1); and
(B)
added from the proceeds of a sale, pay reasonable commissions or fees.
(c)
added Treatment of proceeds—
(1)
added 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)
added 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)
added 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

added
(a)
added Definitions— In this section:
(1)
added Map— The term Map means the map entitled “Proposed Wilderness Areas and Additions-Cherokee National Forest” and dated January 20, 2010.
(2)
added State— The term State means the State of Tennessee.
(b)
added Additions to Cherokee National Forest—
(1)
added 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)
added 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)
added 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)
added 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)
added Certain land comprising approximately 336 acres, as generally depicted as the “Little Frog Mountain Addition NE” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
(E)
added 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)
added 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)
added 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)
added Maps and legal descriptions—
(A)
added 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)
added 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)
added 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)
added Administration—
(A)
added 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)
added 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

added
(a)
added 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)
added Definitions— In this section:
(1)
added Collins camp properties— The term “Collins Camp Properties” means Collins Camp Properties, Inc., a corporation incorporated under the laws of the State.
(2)
added State— The term “State” means the State of Louisiana.
(c)
added Authorization of conveyances, Kisatchie National Forest, Louisiana—
(1)
added Authorization—
(A)
added 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)
added Description of land— The Federal land referred to in subparagraph (A) consists of—
(i)
added all Federal land within sec. 9, T. 10 N., R. 5 W., Winn Parish, Louisiana; and
(ii)
added a 2.16-acre parcel of Federal land located in the SW¼ 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)
added 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)
added 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)
added the parcel of Federal land described in paragraph (1)(B)(ii).
(3)
added Terms and conditions— The Secretary may—
(A)
added configure the Federal land to be conveyed under this section—
(i)
added to maximize the marketability of the conveyance; or
(ii)
added to achieve management objectives; and
(B)
added establish any terms and conditions for the conveyances under this section that the Secretary determines to be in the public interest.
(4)
added Consideration— Consideration for a conveyance of Federal land under this section shall be—
(A)
added in the form of cash; and
(B)
added in an amount equal to the market value of the Federal land being conveyed, as determined under paragraph (5).
(5)
added Market value— The market value of the Federal land conveyed under this section shall be determined—
(A)
added in the case of Federal land conveyed under paragraph (2), by an appraisal that is—
(i)
added conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
added approved by the Secretary; or
(B)
added if conveyed by a method other than the methods described in paragraph (2), by competitive sale.
(6)
added Hazardous substances—
(A)
added 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)
added 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)
added 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)
added Administration—
(1)
added 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)
added reasonable appraisal costs; and
(B)
added the cost of any administrative and environmental analyses required by law (including regulations).
(2)
added Permits—
(A)
added 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)
added 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

added
(a)
added Findings— Congress finds as follows:
(1)
added 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)
added The property is under the jurisdiction of the Department of Agriculture and has been variously used for research and plant materials purposes.
(3)
added Since 1998, the property has been administered by the Natural Resources Conservation Service of the Department of Agriculture.
(4)
added Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code.
(5)
added The Conservation District wishes to purchase the property and use it for conservation, environmental, and related educational purposes.
(6)
added 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)
added Land purchase, Natural Resources Conservation Service property, Riverside County, California—
(1)
added 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)
added 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)
added 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)
added 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)
added Cooperative authority—
(A)
added 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)
added 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)
added Non-exclusive authority— The authority provided by this subsection is in addition to any other authority of the Secretary.

Sec. 8629 Collaborative Forest Landscape Restoration Program

added
(a)
added 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:

added “(4) Waiver

added “(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.

added “(B) Limitation—The extension described in subparagraph (A)—

added “(i) shall be for the shortest period of time practicable to complete implementation of the proposal, as determined by the Secretary; and

added “(ii) shall not exceed 10 years.”

(b)
added 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:

added “(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)
added 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)
added Reporting requirements— Section 4003(h) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is amended—
(1)
added in paragraph (3), by striking “and” after the semicolon;
(2)
added in paragraph (4), by striking the period at the end and inserting “; and”;
(3)
added by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(4)
added by inserting after paragraph (2) the following:

added “(3) the Committee on Agriculture, Nutrition, and Forestry of the Senate;”

(5)
added by adding at the end the following:

added “(6) the Committee on Agriculture of the House of Representatives.”

Sec. 8630 Utility infrastructure rights-of-way vegetation management pilot program

added
(a)
added Definitions— In this section:
(1)
added National Forest System land—
(A)
added In general— The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(B)
added Exclusions— The term National Forest System land does not include—
(i)
added a National Grassland; or
(ii)
added 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)
added Passing wildfire— The term passing wildfire means a wildfire that originates outside of a right-of-way.
(3)
added Pilot program— The term pilot program means the pilot program established by the Secretary under subsection (b).
(4)
added 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)
added Utility infrastructure— The term utility infrastructure means electric transmission lines, natural gas infrastructure, or related structures.
(b)
added Establishment—
(1)
added 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)
added Application— The pilot program shall not apply in a right-of-way described in paragraph (1).
(c)
added Eligible participants—
(1)
added 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)
added 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)
added Vegetation management projects—
(1)
added In general— A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that—
(A)
added 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)
added 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)
added
(i)
added shall only be conducted on National Forest System land; and
(ii)
added shall not—
(I)
added extend for more than 150 feet from the electric transmission line for which the applicable participant has a right-of-way; or
(II)
added comprise an overall width, for both sides of that electric transmission line, that totals more than 200 feet; and
(D)
added shall not be conducted on—
(i)
added a component of the National Wilderness Preservation System;
(ii)
added a designated wilderness study area;
(iii)
added an inventoried roadless area; or
(iv)
added Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited.
(2)
added Approval— Each vegetation management project described in paragraph (1) shall be subject to approval by the Forest Service in accordance with this section.
(3)
added Fire prevention— In carrying out a vegetation management project under the pilot program, a participant shall adhere to—
(A)
added Forest Service regulations relating to spark arresting devices;
(B)
added Forest Service regulations limiting and prohibiting certain activities conducted by contractors in an area, based on weather conditions and fire danger;
(C)
added 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)
added protection of residual trees and timber damaged by contractors;
(ii)
added protection measures needed for plants, animals, cultural resources, and cave resources;
(iii)
added streamcourse protection and erosion control;
(iv)
added fire plans, precautions, and precautionary periods;
(v)
added fire suppression costs; and
(vi)
added employment of eligible workers; and
(D)
added State regulations relating to the prevention of wildfires and contractors removing vegetation.
(4)
added 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)
added is satisfactory to the Forest Service;
(B)
added does not result in a fire hazard; and
(C)
added reduces the risk of an insect or disease outbreak.
(e)
added Project costs—
(1)
added 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)
added 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)
added Liability—
(1)
added 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)
added Wildfires—
(A)
added Operations fires—
(i)
added 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)
added Credit for actions by participants—
(I)
added 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)
added 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)
added Negligent fires—
(i)
added 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)
added Limitation— Except as provided in clause (iii), the costs borne by a participant under clause (i) shall not exceed $500,000.
(iii)
added 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)
added 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)
added Effect— Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject—
(A)
added under State laws; or
(B)
added with regard to damages to property other than Forest Service property.
(g)
added Implementation—
(1)
added 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)
added Compliance with existing laws— Except as provided in paragraph (3), a vegetation management project under the pilot program shall be—
(A)
added consistent with the applicable land management plan for the area in which the project is located; and
(B)
added carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3)
added 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)
added Treatment of proceeds— Notwithstanding any other provision of law, the Secretary may—
(1)
added retain any funds provided to the Forest Service by a participant in the pilot program; and
(2)
added use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program.
(i)
added 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)
added the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and
(2)
added the Committees on Agriculture and Natural Resources of the House of Representatives.
(j)
added 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

added
(a)
added Definition of Alliance— In this section, the term Alliance means the Scenic Rivers Development Alliance.
(b)
added 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)
added Description of National Forest System land—
(1)
added In general— Subject to paragraph (2), the National Forest System land referred to in subsection (b) is the approximately 150 acres of real property located in sec. 6, T. 5 N. R. 4 E., Franklin County, Mississippi, and further described as—
(A)
added the portion of the NW1/4 NW1/4 lying south of the south boundary of Berrytown Road;
(B)
added the portion of the W1/2 NE1/4 NW1/4 lying south of the south boundary of Berrytown Road;
(C)
added the portion of the SW1/4 NW1/4 lying east of the east boundary of U.S. Highway 98;
(D)
added the W1/2 SE1/4 NW1/4;
(E)
added the portion of the NW1/4 SW1/4 lying east of the east boundary of U.S. Highway 98;
(F)
added the portion of the NE1/4 SW1/4 commencing at the southwest corner of the NE1/4 SW1/4, said point being the point of beginning, thence running east 330 feet along the south boundary of the NE1/4 SW1/4 to a point in Lake Okhissa, thence running northeasterly to a point in Lake Okhissa on the east boundary of the NE1/4 SW1/4 330 feet south of the northeast corner thereof, thence running north 330 feet along the east boundary of the NE1/4 SW1/4 to the northeast corner thereof, thence running west along the north boundary of the NE1/4 SW1/4 to the NW corner thereof; thence running south along the west boundary of the NE1/4 SW1/4 to the point of beginning; and
(G)
added the portion of the SE1/4 SE1/4 NW1/4 commencing at the southeast corner of the SE1/4 NW1/4, said point being the point of beginning, and running northwesterly to the northwest corner of the SE1/4 SE1/4 NW1/4, thence running south along the west boundary of the SE1/4 SE1/4 NW1/4 to the southwest corner thereof, thence running east along the south boundary of the SE1/4 SE1/4 NW1/4 to the point of beginning.
(2)
added 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)
added Consideration—
(1)
added In general— The consideration for the conveyance of any National Forest System land under this section shall be—
(A)
added provided in the form of cash; and
(B)
added in an amount equal to the fair market value of the National Forest System land being conveyed, as determined under paragraph (2).
(2)
added Fair market value determination— The fair market value of the National Forest System land conveyed under this section shall be determined—
(A)
added in the case of a method of conveyance described in subsection (b), by an appraisal that is—
(i)
added conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
added approved by the Secretary; or
(B)
added in the case of a conveyance by a method other than a method described in subsection (b), by competitive sale.
(e)
added Terms and conditions— The conveyance under this section shall be subject to—
(1)
added valid existing rights; and
(2)
added such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
(f)
added 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)
added Costs— As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing—
(1)
added any reasonable appraisal costs; and
(2)
added the costs of any administrative or environmental analysis required by applicable law (including regulations).

Sec. 8632 Remote sensing technologies

added

added The Chief of the Forest Service shall—

(1)
added 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)
added partner with States and other interested stakeholders to carry out the program described in paragraph (1).

Sec. 8641 Definitions

added

added In this part:

(1)
added 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)
added Mass timber— The term mass timber includes—
(A)
added cross-laminated timber;
(B)
added nail laminated timber;
(C)
added glue laminated timber;
(D)
added laminated strand lumber; and
(E)
added laminated veneer lumber.
(3)
added 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)
added Tall wood building— The term tall wood building means a building designed to be—
(A)
added constructed with mass timber; and
(B)
added more than 85 feet in height.

Sec. 8642 Clarification of research and development program for wood building construction

added
(a)
added 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)
added Activities— In carrying out subsection (a), the Secretary shall—
(1)
added 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)
added 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)
added Priorities— The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
(1)
added ways to improve the commercialization of innovative wood products;
(2)
added analyzing the safety of tall wood building materials;
(3)
added 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)
added analyzing methods to reduce the lifecycle environmental footprint of tall wood building construction;
(5)
added analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
(6)
added 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)
added Timeframe— To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a) shall be achievable within a 5-year timeframe.

Sec. 8643 Wood innovation grant program

added
(a)
added Definitions— In this section:
(1)
added Eligible entity— The term eligible entity means—
(A)
added an individual;
(B)
added 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)
added a State, local, or Tribal government.
(2)
added Secretary— The term Secretary means the Secretary, acting through the Chief of the Forest Service.
(b)
added Grant program—
(1)
added 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)
added Proposals— To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
(c)
added 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)
added 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

added

added Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended to read as follows:

added “9013. Community Wood Energy and Wood Innovation Program

added “(a) Definitions—In this section:

added “(1) Community wood energy system

added “(A) In general—The term community wood energy system means an energy system that—

added “(i) produces thermal energy or combined thermal energy and electricity where thermal is the primary energy output;

added “(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

added “(iii) uses woody biomass, including residuals—

added “(I) that have not been adulterated with glue or other chemical treatments from wood processing facilities, as the primary fuel; and

added “(II) for which the use of that biomass for energy production does not cause conversion of forests to nonforest use.

added “(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.

added “(2) Innovative wood product facility—The term innovative wood product facility means a manufacturing or processing plant or mill that produces—

added “(A) building components or systems that use large panelized wood construction, including mass timber;

added “(B) wood products derived from nanotechnology or other new technology processes, as determined by the Secretary; or

added “(C) other innovative wood products that use low-value, low-quality wood, as determined by the Secretary.

added “(3) Mass timber—The term mass timber includes—

added “(A) cross-laminated timber;

added “(B) nail-laminated timber;

added “(C) glue-laminated timber;

added “(D) laminated strand lumber; and

added “(E) laminated veneer lumber.

added “(4) Program—The term Program means the Community Wood Energy and Wood Innovation Program established under subsection (b).

added “(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”.

added “(c) Matching grants

added “(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.

added “(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.

added “(3) Source of matching funds—Matching funds required pursuant to this subsection from a grant recipient shall be derived from non-Federal funds.

added “(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—

added “(1) in the case of grants under the general authority provided under subsection (c)(1), $1,000,000; and

added “(2) in the case of grants for which the special circumstances apply under subsection (c)(2), $1,500,000.

added “(e) Selection criteria—In selecting applicants for grants under the Program, the Secretary shall consider the following:

added “(1) The energy efficiency of the proposed community wood energy system or innovative wood product facility.

added “(2) The cost effectiveness of the proposed community wood energy system or innovative wood product facility.

added “(3) The extent to which the proposed community wood energy system or innovative wood product facility represents the best available commercial technology.

added “(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.

added “(5)

added “(A) The extent to which the proposed community wood energy system will displace conventional fossil fuel generation.

added “(B) Whether the proposed community wood energy system minimizes emission increases to the greatest extent possible.

added “(6) The extent to which the proposed community wood energy system will increase delivered thermal efficiency of the systems replaced.

added “(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.

added “(8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.

added “(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—

added “(1) would be carried out in a location where markets are needed for the low-value, low-quality wood;

added “(2) would be carried out in a location with limited access to natural gas pipelines;

added “(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

added “(4) would be carried out in a location where the project will aid with forest restoration.

added “(g) Limitations

added “(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.

added “(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.

added “(h) Funding—There is authorized to be appropriated to carry out the Program $25,000,000 for each of fiscal years 2019 through 2023.”

Sec. 8701 Rural revitalization technologies

added

added 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

added

added Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended—

(1)
added in subsection (d)—
(A)
added in paragraph (1), by striking “Each” and inserting “Except as provided in paragraph (6), each”;
(B)
added in paragraph (2), in the matter preceding subparagraph (A), by striking “Committee” and inserting “Except as provided in paragraph (6), committee”; and
(C)
added by adding at the end the following:

added “(6) Committee composition waiver authority

added “(A) Notice—On notice from the applicable regional forester that an adequate number of qualified candidates are not interested or available to serve on a resource advisory committee, the Secretary concerned shall publish a notice in the Federal Register seeking candidates for the resource advisory committee.

added “(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—

added “(i) the membership requirement under paragraph (1) to not fewer than 9; and

added “(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.

added “(C) Termination of authority—The authority provided under this paragraph terminates on October 1, 2023.”

(2)
added by adding at the end the following:

added “(g) Regional appointment pilot program

added “(1) Definition of applicable designee—In this subsection, the term “applicable designee” means the applicable regional forester.

added “(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.

added “(3) Geographic limitation—The pilot program shall only apply to resource advisory committees chartered in—

added “(A) the State of Montana; and

added “(B) the State of Arizona.

added “(4) Responsibilities of applicable designee

added “(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.

added “(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.

added “(5) Termination of effectiveness—The authority provided under this subsection terminates on October 1, 2023.

added “(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—

added “(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—

added “(i) appointments were faster or slower; and

added “(ii) the requirements described in paragraph (4) differ; and

added “(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot program.”

Sec. 8703 Tribal forest management demonstration project

added
(a)
added 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)
added Requirements— With respect to any contract or project carried out under subsection (a)—
(1)
added 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)
added the Secretary or the Secretary of the Interior, as applicable, shall make any decisions required to be made under—
(A)
added the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B)
added the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.); and
(3)
added 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

added
(a)
added Wildfire Suppression Funding and Forest Management Activities Act—
(1)
added In general— The Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141) is amended—
(A)
added in section 102(a)(2), by striking “the date of enactment” and inserting “the date of the enactment”; and
(B)
added in section 401(a)(1), by inserting “of 2000” after “Self-Determination Act”.
(2)
added 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)
added 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)
added 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)
added in paragraph (8), by striking “Good Neighbor Authority Improvement Act” and inserting “Wildfire Suppression Funding and Forest Management Activities Act”.

Sec. 8705 Streamlining the Forest Service process for consideration of communications facility location applications

added
(a)
added Definitions— In this section:
(1)
added Communications facility— The term communications facility includes—
(A)
added 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)
added any antenna or apparatus that—
(i)
added is designed for the purpose of emitting radio frequency;
(ii)
added 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)
added is added to a tower, building, or other structure.
(2)
added Communications site— The term communications site means an area of covered land designated for communications uses.
(3)
added Communications use— The term communications use means the placement and operation of a communications facility.
(4)
added 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)
added Covered land— The term covered land means National Forest System land.
(6)
added Forest service— The term Forest Service means the United States Forest Service of the Department of Agriculture.
(7)
added Organizational unit— The term organizational unit means, within the Forest Service—
(A)
added a regional office;
(B)
added the headquarters;
(C)
added a management unit; or
(D)
added a ranger district office.
(b)
added 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)
added to streamline the process for considering applications to locate or modify communications facilities on covered land;
(2)
added to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and
(3)
added to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.
(c)
added Requirements— The regulations issued under subsection (b) shall include the following:
(1)
added Procedures for the tracking of applications described in subsection (b)(1), including—
(A)
added identifying the number of applications—
(i)
added received;
(ii)
added approved; and
(iii)
added denied;
(B)
added in the case of an application that is denied, describing the reasons for the denial; and
(C)
added describing the amount of time between the receipt of an application and the issuance of a final decision on an application.
(2)
added 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)
added A structure of fees for—
(A)
added submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and
(B)
added 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)
added 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)
added Additional considerations— In issuing regulations under subsection (b), the Secretary shall consider—
(1)
added 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)
added 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)
added Communication of streamlined process to organizational units— The Secretary shall, with respect to the regulations issued under subsection (b)—
(1)
added communicate the regulations to the organizational units of the Forest Service; and
(2)
added ensure that the organizational units of the Forest Service follow the regulations.
(f)
added Deposit and availability of fees—
(1)
added Special account— The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the deposit of fees collected by the Forest Service under subsection (c)(3) for communications use authorizations on covered land granted, issued, or executed by the Forest Service.
(2)
added Requirements for fees collected— Fees collected by the Forest Service under subsection (c)(3) shall be—
(A)
added based on the costs described in subsection (c)(3); and
(B)
added competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
(3)
added 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)
added 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)
added Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations.
(B)
added Developing management plans for communications sites.
(C)
added Training for management of communications sites.
(D)
added Obtaining or improving access to communications sites.
(5)
added No additional appropriations authorized— Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
(g)
added Savings provisions—
(1)
added 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)
added Effect on other laws— Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could otherwise be sold, leased, or redeveloped.

Sec. 8706 Report on wildfire, insect infestation, and disease prevention on Federal land

added

added Not later than 180 days after the date of the enactment of this Act and every year thereafter, the Secretary and the Secretary of Interior shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—

(1)
added 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)
added the number of acres of Federal land categorized as a high or extreme fire risk;
(3)
added the total timber production from Federal land;
(4)
added the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
(5)
added the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention;
(6)
added the Federal response time for each fire on greater than 25,000 acres;
(7)
added the number of miles of roads and trails on Federal land in need of maintenance;
(8)
added the number of miles of roads on Federal land in need of decommissioning;
(9)
added the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land;
(10)
added other measures needed to maintain, improve, or restore water quality on Federal land; and
(11)
added other measures needed to improve ecosystem function or resiliency on Federal land.

Sec. 8707 West Fork Fire Station

added
(a)
added Definitions— In this section:
(1)
added County— The term “County” means Dolores County, Colorado.
(2)
added 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)
added Conveyance of west fork fire station conveyance parcel, dolores county, colorado—
(1)
added 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)
added Costs— Any costs relating to the conveyance under paragraph (1), including processing and transaction costs, shall be paid by the County.
(3)
added 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)
added Reversion— If any portion of the land conveyed under paragraph (1) is used in a manner that is inconsistent with the use described in paragraph (3), the land shall, at the discretion of the Secretary, revert to the United States.

Sec. 8708 Competitive forestry, natural resources, and environmental grants program

added

added Section 1232 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 582a–8) is amended—

(1)
added in subsection (a) by inserting “or forest restoration” after “research”; and
(2)
added by amending subsection (c) to read as follows:

added “(c) Priorities

added “(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—

added “(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology;

added “(B) ecosystem function and management, including forest ecosystem research, biodiversity, forest productivity, pest management, water resources, and alternative silvicultural systems;

added “(C) wood as a raw material, including forest products and harvesting;

added “(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and administrative behavior;

added “(E) international trade, competition, and cooperation related to forest products;

added “(F) alternative native crops, products, and services that can be produced from renewable natural resources associated with privately held forest lands;

added “(G) viable economic production and marketing systems for alternative natural resource products and services;

added “(H) economic and environmental benefits of various conservation practices on forest lands;

added “(I) genetic tree improvement; and

added “(J) market expansion.

added “(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.

added “(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:

added “(i) Collection and conservation of native tree genetic material.

added “(ii) Production of propagules of native trees in numbers large enough for landscape scale restoration.

added “(iii) Site preparation of former of native tree habitat.

added “(iv) Planting of native tree seedlings.

added “(v) Post-planting maintenance of native trees.

added “(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:

added “(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.

added “(ii) The proportion of the State’s forest composed of species vulnerable to non-native pests present in the United States.

added “(iii) The pests’ rate of spread via natural or human-assisted means.”

Sec. 9001 Definitions

changed Section 10107(b) 9001 of the Food, Conservation, Farm Security and Energy Rural Investment Act of 2008 2002 (7 U.S.C. 1622b(b)) 8101) is amended by striking “2018” and inserting “2023”.amended—

(1)
added in paragraph (4)(A), by striking “agricultural materials” and inserting “agricultural materials, renewable chemicals,”;
(2)
added in paragraph (7)(A), by striking “into biofuels and biobased products; and” and inserting the following:

added “(i) biofuels;

added “(ii) renewable chemicals; or

added “(iii) biobased products; and”

(3)
added in paragraph (16)—
(A)
added in subparagraph (A)—
(i)
added in the matter preceding clause (i), by striking “(B)” and inserting “(C)”; and
(ii)
added 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)
added by redesignating subparagraph (B) as subparagraph (C); and
(C)
added by inserting after subparagraph (A) the following:

added “(B) Inclusions—The term renewable energy system includes—

added “(i) distribution components necessary to move energy produced by a system described in subparagraph (A) to the initial point of sale; and

added “(ii) other components and ancillary infrastructure of a system described in subparagraph (A), such as a storage system.”

Sec. 9002 Biobased markets program

changed Section 6(g) 9002 of the Farmer-to-Consumer Direct Marketing Farm Security and Rural Investment Act of 1976 2002 (7 U.S.C. 3005(g)) 8102) is amended—

(1)
changed in paragraph (3), subsection (b)(2)(A), by striking “this section” and all that follows through “2018.” and inserting adding at the end the following:

changed “(A) $10,000,000 for each “(iii) Renewable chemicals—Not later than 180 days after the date of fiscal years 2014 through 2018; andenactment 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).”

removed “(B) $30,000,000 for each of fiscal years 2019 through 2023.”

(2)
changed by striking paragraph (2); andamending subsection (f) to read as follows:

added “(f) Manufacturers of Renewable Chemicals and Biobased Products

added “(1) NAICS codes—The Secretary and the Secretary of Commerce shall jointly develop North American Industry Classification System codes for—

added “(A) renewable chemicals manufacturers; and

added “(B) biobased products manufacturers.

added “(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)
changed by redesignating paragraphs (3), (4), (5), and (6) subsections (h) through (j) as paragraphs (2), (3), (4), and (5), respectively.subsections (j) through (l), respectively;
(4)
added by inserting after subsection (g) the following:

added “(h) Streamlining

added “(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—

added “(A) determined to be eligible for a Federal procurement preference under subsection (a); and

added “(B) approved to use the “USDA Certified Biobased Product” label under subsection (b).

added “(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.

added “(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.

added “(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)
added in subsection (k) (as so redesignated)—
(A)
added in paragraph (1), by striking “2018” and inserting “2023”; and
(B)
added 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)
added by adding at the end the following:

added “(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

changed Section 10105(c) 9003 of the Food, Conservation, Farm Security and Energy Rural Investment Act of 2008 2002 (7 U.S.C. 7655a(c)) 8103) is amended by striking “2018” and inserting “2023”.amended—

(1)
added in subsection (b)(3)—
(A)
added in subparagraph (A), by striking “produces an advanced biofuel; and” and inserting the following:

added “(i) an advanced biofuel;

added “(ii) a renewable chemical; or

added “(iii) a biobased product; and”

(B)
added in subparagraph (B), by striking “produces an advanced biofuel.” and inserting the following:

added “(i) an advanced biofuel;

added “(ii) a renewable chemical; or

added “(iii) a biobased product.”

(2)
added in subsection (g)—
(A)
added in paragraph (1)(A)—
(i)
added in clause (i), by striking “and” at the end;
(ii)
added in clause (ii), by striking the period at the end and inserting a semicolon; and
(iii)
added by adding at the end the following:

added “(iii) $50,000,000 for fiscal year 2019; and

added “(iv) $25,000,000 for fiscal year 2020.”

(B)
added in paragraph (2), by striking “2018” and inserting “2023”.

Sec. 9004 Repowering assistance program

changed Section 101 9004 of the Specialty Crops Competitiveness Farm Security and Rural Investment Act of 2004 2002 (7 U.S.C. 1621 note; Public Law 108–465) 8104) is amended—repealed.

(1)
removed in subsection (a)—
(A)
removed by striking “2018” and inserting “2023”; and
(B)
removed by striking “agriculture solely to enhance the competitiveness of specialty crops.” and inserting the following:

removed “(1) enhance the competitiveness of specialty crops;

removed “(2) leverage efforts to market and promote specialty crops;

removed “(3) assist producers with research and development;

removed “(4) expand availability and access to specialty crops;

removed “(5) address local, regional, and national challenges confronting specialty crop producers; and

removed “(6) address other priorities as determined by the Secretary in consultation with relevant State departments of agriculture.”

(2)
removed in subsection (k), by adding at the end the following new paragraph:

removed “(3) Evaluation of performance—The Secretary shall enter into a cooperative agreement with relevant State departments of agriculture and specialty crop industry stakeholders that agree to—

removed “(A) develop, in consultation with the Secretary, performance measures to be used as the sole means for performing an evaluation under subparagraph (B); and

removed “(B) periodically evaluate the performance of the program established under this section.”

(3)
removed in subsection (l)(2)(E), by striking “fiscal year 2018” and inserting “each of fiscal years 2018 through 2023”.

Sec. 9005 Bioenergy program for advanced biofuels

added Section 9005 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105) is amended—

(a)
removed Asexually reproduced defined— Section 41(a) of the Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended—
(1)
removed 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)
removed by inserting before paragraph (2), as so redesignated, the following new paragraph:

removed “(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.”

(1)
changed 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”.in subsection (e)—
(A)
added by striking “The Secretary may” and inserting the following new paragraph:

added “(1) Amount—The Secretary shall”

(B)
added by adding at the end the following new paragraph:

added “(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).”

(2)
changed 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”.in subsection (g)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (D), by striking “and” at the end;
(ii)
added in subparagraph (E), by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following:

added “(F) $7,000,000 for each of fiscal years 2019 through 2023.”

(B)
added in paragraph (2), by striking “2014 through 2018” and inserting “2019 through 2023”.
(d)
removed 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. 9006 Biodiesel fuel education program

added 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:

added “(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.”

(a)
removed Additional accreditation authority— Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended—
(1)
removed by redesignating subsection (c) as subsection (d); and
(2)
removed by inserting after subsection (b) the following new subsection:

removed “(c) Satellite offices and overseas operations—The Secretary—

removed “(1) has oversight and approval authority with respect to a certifying agent accredited under this section who is operating as a certifying agent in a foreign country for the purpose of certifying a farm or handling operation in such foreign country as a certified organic farm or handling operation; and

removed “(2) shall require that each certifying agent that intends to operate in any foreign country as described in paragraph (1) is authorized by the Secretary to so operate on an annual basis.”

(b)
removed National list of approved and prohibited substances for organic farming or handling operations— Section 2119(n) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(n)) is amended to read as follows:

removed “(n) Petitions

removed “(1) In general—The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List.

removed “(2) Expedited review—The Secretary shall develop procedures under which the review of a petition referred to in paragraph (1) may be expedited if the petition seeks to include on the National List a postharvest handling substance that is related to food safety or a class of such substances.

removed “(3) Rule of construction—Nothing in paragraph (2) shall be construed as providing that section 2118(d) does not apply with respect to the inclusion of a substance on the National List pursuant to such paragraph.”

(c)
removed Certain employees eligible to serve as National Organics Standards Board members— Section 2119(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amended—
(1)
removed in paragraph (1), by inserting “, or employees of such individuals” after “operation”;
(2)
removed in paragraph (2), by inserting “, or employees of such individuals” after “operation”; and
(3)
removed in paragraph (3), by inserting “, or an employee of such individual” after “products”.
(d)
removed National Organic Standards Board consultation requirements— Section 2119(l) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(l)) is amended—
(1)
removed in paragraph (2), by striking “; and” at the end and inserting a semicolon;
(2)
removed in paragraph (3)—
(A)
removed by striking “and the evaluation of the technical advisory panel” and inserting “, the evaluation of the technical advisory panel, and the determinations of the task force required under paragraph (4)”; and
(B)
removed by striking the period at the end and inserting “; and”; and
(3)
removed by adding at the end the following new paragraph:

removed “(4) in the case of a substance not included in the National List that the Commissioner of Food and Drugs has determined to be safe for use within the meaning of section 201(s) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(s)) or the Administrator of the Environmental Protection Agency has determined there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information, convene a task force to consult with the Commissioner or Administrator (or the designees thereof), as applicable, to determine if such substance should be included on the National List.”

(e)
removed Recordkeeping, investigation, and enforcement—
(1)
removed Collaborative investigations and enforcement— Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended by adding at the end the following new subsection:

removed “(d) Collaborative investigations and enforcement

removed “(1) 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) may share confidential business information with Federal and State government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title.

removed “(2) Access to data documentation systems—The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including—

removed “(A) the Automated Commercial Environment system of U.S. Customs and Border Protection; and

removed “(B) the Phytosanitary Certificate Issuance and Tracking system of the Animal and Plant Health Inspection Service.

removed “(3) Additional documentation and verification—The Secretary, acting through the Deputy Administrator of the national organic program under this title, has the authority, and shall grant an accredited certifying agent the authority, to require producers and handlers to provide additional documentation or verification before granting certification under section 2104, in the case of a known area of risk or when there is a specific area of concern, with respect to meeting the national standards for organic production established under section 2105, as determined by the Secretary or the certifying agent.”

(2)
removed Modification of regulations on Exclusions from Certification— Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to limit the type of operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations (or a successor regulation).
(f)
removed Reporting requirement— Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following new subsection:

removed “(c) Reporting requirement—Not later than March 1, 2019, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.”

(g)
removed Authorization of appropriations for national organic program— Subsection (b) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows:

removed “(b) National Organic Program—Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this title, there are authorized to be appropriated—

removed “(1) $15,000,000 for fiscal year 2018;

removed “(2) $16,500,000 for fiscal year 2019;

removed “(3) $18,000,000 for fiscal year 2020;

removed “(4) $20,000,000 for fiscal year 2021;

removed “(5) $22,000,000 for fiscal year 2022; and

removed “(6) $24,000,000 for fiscal year 2023.”

(h)
removed International trade technology systems and data collection— Subsection (c) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows:

removed “(c) Modernization and improvement of international trade technology systems and data collection

removed “(1) In general—The Secretary shall modernize international trade tracking and data collection systems of the national organic program.

removed “(2) Activities—In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability without unduly hindering trade, such as through an electronic trade document exchange system.

removed “(3) 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—

removed “(A) carrying out this subsection; and

removed “(B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018.

removed “(4) Availability—The amounts made available under paragraph (3) are in addition to any other funds made available for the purposes specified in such paragraph and shall remain available until expended.”

(i)
removed 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)
removed by striking paragraphs (1) and (2) and inserting the following new paragraph:

removed “(1) Mandatory funding for fiscal year 2019—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000 for fiscal year 2019, to remain available until expended.”

(2)
removed in paragraph (3)—
(A)
removed by striking “paragraphs (1) and (2)” and inserting “paragraph (1)”; and
(B)
removed by striking “2018” and inserting “2023”; and
(3)
removed by redesignating paragraph (3), as so amended, as paragraph (2).

Sec. 9101 Recognition and role of State lead agencies

removed
(a)
removed State Lead Agency Defined— Section 2(aa) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(aa)) is amended—
(1)
removed by striking “(aa) State.—The term” and inserting the following:

removed “(aa) State; State lead agency

removed “(1) State—The term”

(2)
removed by adding at the end the following:

removed “(2) State lead agency—The term State lead agency means a statewide department, agency, board, bureau, or other entity in a State that is authorized to regulate, in a manner consistent with section 24(a), the sale or use of any federally registered pesticide or device in such State.”

(b)
removed Uniform regulation of pesticides—
(1)
removed Cooperation with and role of state lead agency— Section 22(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136t(b)) is amended by inserting before the period at the end the following: “promulgated by the Administrator or, when authorized pursuant to a cooperative agreement entered into under section 23(a)(1), by a State lead agency for a State”.
(2)
removed Authority to establish and maintain uniform regulations— Section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136u(a)(1)) is amended by inserting after “enforcement of this Act,” the following: “to authorize the State or Indian Tribe to establish and maintain uniform regulation of pesticides within the State or for the Indian Tribe,”.
(3)
removed Condition on more restrictive regulation— Section 24(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v(a)) is amended by striking “A State may” and inserting “A State, but not a political subdivision of a State, may”.
(c)
removed Role of state lead agencies in promulgation of regulations— Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(a)(2)) is amended—
(1)
removed in subparagraph (A)—
(A)
removed in the first sentence, by inserting “and each State lead agency” after “Agriculture”;
(B)
removed by striking the second sentence and inserting the following: “If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 30 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the proposed regulation) all such comments and the response of the Administrator to the comments.”; and
(C)
removed in the third sentence, by inserting “or any State lead agency” after “Secretary”;
(2)
removed in subparagraph (B)—
(A)
removed in the first sentence, by inserting “and each State lead agency” after “Agriculture”;
(B)
removed by striking the second sentence and inserting the following: “If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 15 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the final regulation) the comments of the Secretary or State lead agency, if requested by the Secretary or State lead agency, and the response of the Administrator to the comments.”; and
(C)
removed in the third sentence, by inserting “or any State lead agency” after “Secretary”; and
(3)
removed in subparagraph (C), by inserting before the period at the end the following: “, in consultation with the State lead agencies”.

Sec. 9111 Registration of pesticides

removed
(a)
removed Approval of registration— Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended—
(1)
removed by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively and moving the margins of such clauses (as so redesignated) 2 ems to the right;
(2)
removed by striking “registration.—The Administrator” and inserting the following:

removed “(A) In general—The Administrator”

(3)
removed in clause (iii), as so redesignated, by striking “; and” at the end and inserting a semicolon;
(4)
removed in clause (iv), as so redesignated, by striking the period at the end and inserting “; and”;
(5)
removed in the matter following clause (iv), as so redesignated, by striking “The Administrator shall not make any lack” and all that follows through “for use of the pesticide in such State.”;
(6)
removed in subparagraph (A), as amended, by adding at the end the following new clause:

removed “(v) when used in accordance with widespread and commonly recognized practice it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter, in a manner that is likely to appreciably diminish its value, critical habitat for both the survival and recovery of such species.”

(7)
removed by adding at the end the following new subparagraphs:

removed “(B) Principles to be applied to certain determinations—In determining whether the condition specified in subparagraph (A)(v) is met, the Administrator shall take into account the best scientific and commercial information and data available, and shall consider all directions for use and restrictions on use specified by the registration. In making such determination, the Administrator shall use an economical and effective screening process that includes higher-tiered probabilistic ecological risk assessments, as appropriate. Notwithstanding any other provision of law, the Administrator shall not be required to consult or otherwise communicate with the Secretary of the Interior and the Secretary of Commerce except to the extent specified in subparagraphs (C) and (D).

removed “(C) Species information and data

removed “(i) Request—Not later than 30 days after the Administrator begins any determination under subparagraph (A)(v) with respect to the registration of a pesticide, the Administrator shall request that the Secretary of the Interior and the Secretary of Commerce transmit, with respect to any federally listed threatened and endangered species involved in such determination, the Secretaries’ best available and authoritative information and data on—

removed “(I) the location, life history, habitat needs, distribution, threats, population trends and conservation needs of such species; and

removed “(II) relevant physical and biological features of designated critical habitat for such species.

removed “(ii) Transmission of data—After receiving a request under clause (i), the Secretary of the Interior and the Secretary of Commerce shall transmit the information described in such clause to the Administrator on a timely basis, unless the Secretary of the Interior and the Secretary of Commerce have made such information available through a web-based platform that is updated on at least a quarterly basis.

removed “(iii) Failure to transmit data—The failure of the Secretary of the Interior or the Secretary of Commerce to provide information to the Administrator under clause (ii) shall not constitute grounds for extending any deadline for action under section 33(f).

removed “(D) Consultation

removed “(i) In general—At the request of an applicant, the Administrator shall request consultation with the Secretary of the Interior and the Secretary of Commerce.

removed “(ii) Requirements—With respect to a consultation under this subparagraph, the Administrator and the Secretary of the Interior and the Secretary of Commerce shall comply with subpart D of part 402 of title 50, Code of Federal Regulations (commonly known as the Joint Counterpart Endangered Species Act Section 7 Consultation), or successor regulations.

removed “(E) Failure to consult

removed “(i) Not actionable—Notwithstanding any other provision of law, beginning on the date of the enactment of this subparagraph, the failure of the Administrator to consult with the Secretary of the Interior and the Secretary of Commerce, except as provided by this section, is not actionable in any Federal court.

removed “(ii) Remedy—In any action pending in Federal court on the date of the enactment of this subparagraph or any action brought in Federal court after such date, with respect to the Administrator’s failure to consult with the Secretary of the Interior and the Secretary of Commerce, the sole and exclusive remedy for any such action, other than as otherwise specified in this Act, shall be scheduling the determinations required by section 3(c)(5)(E) for an active ingredient consistent with the periodic review of registrations established by this section.

removed “(F) Essentiality and efficacy—The Administrator shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this paragraph, one should not be registered in preference to the other. In considering an application for the registration of a pesticide, the Administrator may waive data requirements pertaining to efficacy, in which event the Administrator may register the pesticide without determining that the pesticide’s composition is such as to warrant proposed claims of efficacy. If a pesticide is found to be efficacious by any State under section 24(c), a presumption is established that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State.”

(b)
removed Registration under special circumstances— Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended—
(1)
removed in subparagraph (A)—
(A)
removed by inserting “and when used in accordance with widespread and commonly recognized practice, it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species,” after “or differ only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment,”; and
(B)
removed by inserting “and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species” before “. An applicant seeking conditional registration”; and
(2)
removed in subparagraph (B), by inserting “and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly appreciably diminish the value of critical habitat for both the survival and recovery of the listed species” before “. Notwithstanding the foregoing provisions”.
(c)
removed Registration review— Section 3(g)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is amended by adding at the end the following new clause:

removed “(vi) Ensuring protection of species and habitat—The Administrator shall complete the determination required under subsection (c)(5)(A)(v) for an active ingredient consistent with the periodic review of registrations under clauses (ii) and (iii) in accordance with the following schedule:

removed “(I) With respect to any active ingredient first registered on or before October 1, 2007, not later than October 1, 2026.

removed “(II) With respect to any active ingredient first registered between October 1, 2007, and the day before the date of the enactment of this clause, not later than October 1, 2033.

removed “(III) With respect to any active ingredient first registered on or after the date of the enactment of this clause, not later than 48 months after the effective date of registration.”

Sec. 9112 Experimental use permits

removed

removed Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136c(a)) is amended by inserting “and that the issuance of such a permit is not likely to jeopardize the survival of a federally listed threatened or endangered species or diminish the value of critical habitat for both the survival and recovery of the listed species” after “section 3 of this Act”.

Sec. 9113 Administrative review; suspension

removed

removed Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(b)) is amended by inserting “or does not meet the criteria specified in section 3(c)(5)(A)(v)” after “adverse effects on the environment”.

Sec. 9114 Unlawful acts

removed

removed Section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j) is amended by adding at the end the following new subsection:

removed “(c) Lawful use of pesticide resulting in incidental taking of certain species—If the Administrator determines, with respect to a pesticide that is registered under this Act, that the pesticide meets the criteria specified in section 3(c)(5)(A)(v), any taking of a federally listed threatened or endangered species that is incidental to an otherwise lawful use of such pesticide pursuant to this Act shall not be considered unlawful under—

removed “(1) section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)); or

removed “(2) section 9(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(B)).”

Sec. 9115 Authority of States

removed

removed Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v(c)) is amended—

(1)
removed in paragraph (2), in the second sentence, by inserting “and the State registration is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter in a manner that is likely to appreciably diminish the value of critical habitat for both the survival and recovery of the listed species” before the period at the end; and
(2)
removed by striking paragraph (4).

Sec. 9116 Regulations

removed

removed Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall publish, and revise thereafter as appropriate, a work plan and processes for completing the determinations required by clause (v) of section 3(c)(5)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)(A)), as added by section 9111(a), and implementing and enforcing standards of registration consistent with such clause and consistent with registration reviews and other periodic reviews.

Sec. 9117 Use of authorized pesticides

removed

removed Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:

removed “(5) Use of authorized pesticides—Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide.”

Sec. 9118 Discharges of pesticides

removed

removed Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

removed “(s) Discharges of pesticides

removed “(1) No permit requirement—Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.

removed “(2) Exceptions—Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:

removed “(A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if—

removed “(i) the discharge would not have occurred but for the violation; or

removed “(ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.

removed “(B) Stormwater discharges subject to regulation under subsection (p).

removed “(C) The following discharges subject to regulation under this section:

removed “(i) Manufacturing or industrial effluent.

removed “(ii) Treatment works effluent.

removed “(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.”

Sec. 9119 Enactment of Pesticide Registration Improvement Enhancement Act of 2017

removed

removed H.R. 1029 of the 115th Congress, entitled the “Pesticide Registration Improvement Enhancement Act of 2017”, as passed by the House of Representatives on March 20, 2017, is hereby enacted into law.

Sec. 9121 Methyl bromide

removed

removed Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended to read as follows:

removed “419. Methyl bromide

removed “(a) Authorization

removed “(1) In general—Subject to paragraphs (2) and (3), a State, local, or Tribal authority may authorize the use of methyl bromide for a qualified use if the authority determines the use is required to respond to an emergency event. The Secretary may authorize such a use if the Secretary determines such a use is required to respond to an emergency event.

removed “(2) Notification—Not later than 5 days after the date on which a State, local, or Tribal authority makes the determination described in paragraph (1), the State, local, or Tribal authority intending to authorize the use of methyl bromide for a qualified use shall submit to the Secretary a notification that contains the information described in subsection (b).

removed “(3) Objection—A State, local, or Tribal authority may not authorize the use of methyl bromide under paragraph (1) if the Secretary objects to such use under subsection (c) within the 5-day period specified in such subsection.

removed “(b) Notification contents—A notification submitted under subsection (a)(2) by a State, local, or Tribal authority shall contain—

removed “(1) a certification that the State, local, or Tribal authority requires the use of methyl bromide to respond to an emergency event;

removed “(2) a description of the emergency event and the economic loss that would result from such emergency event;

removed “(3) the identity and contact information for the responsible individual of the authority; and

removed “(4) with respect to the qualified use of methyl bromide that is the subject of the notification—

removed “(A) the specific location in which the methyl bromide is to be used and the total acreage of such location;

removed “(B) the identity of the pest or pests to be controlled by such use;

removed “(C) the total volume of methyl bromide to be used; and

removed “(D) the anticipated date of such use.

removed “(c) Objection

removed “(1) In general—The Secretary, not later than 5 days after the receipt of a notification submitted under subsection (a)(2), may object to the authorization of the use of methyl bromide under such subsection by a State, local, or Tribal authority by sending the State, local, or Tribal authority a notification in writing of such objection that—

removed “(A) states the reasons for such objection; and

removed “(B) specifies any additional information that the Secretary would require to withdraw the objection.

removed “(2) Reasons for objection—The Secretary may object to an authorization described in paragraph (1) if the Secretary determines that—

removed “(A) the notification submitted under subsection (a)(2) does not—

removed “(i) contain all of the information specified in paragraphs (1) through (4) of subsection (b); or

removed “(ii) demonstrate the existence of an emergency event; or

removed “(B) the qualified use specified in the notification does not comply with the limitations specified in subsection (e).

removed “(3) Withdrawal of objection—The Secretary shall withdraw an objection under this subsection if—

removed “(A) not later than 14 days after the date on which the Secretary sends the notification under paragraph (1) to the State, local, or Tribal authority involved, the State, local, or Tribal authority submits to the Secretary the additional information specified in such notification; and

removed “(B) such additional information is submitted to the satisfaction of the Secretary.

removed “(4) Effect of withdrawal—Upon the issuance of a withdrawal under paragraph (3), the State, local, or Tribal authority involved may authorize the use of methyl bromide for the qualified use specified in the notification submitted under subsection (a)(2).

removed “(d) Use for emergency events consistent with FIFRA—The production, distribution, sale, shipment, application, or use of a pesticide product containing methyl bromide in accordance with an authorization for a use under subsection (a) shall be deemed an authorized production, distribution, sale, shipment, application, or use of such product under the Federal Insecticide, Fungicide, and Rodenticide Act, regardless of whether the intended use is registered and included in the label approved for the product by the Administrator of the Environmental Protection Agency under such Act.

removed “(e) Limitations on use

removed “(1) Limitations on use per emergency event—The amount of methyl bromide that may be used per emergency event at a specific location shall not exceed 20 metric tons.

removed “(2) Limits on aggregate amount—The aggregate amount of methyl bromide allowed pursuant to this section for use in the United States in a calendar year shall not exceed the total amount authorized by the Parties to the Montreal Protocol pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011.

removed “(f) Ensuring adequate supply of methyl bromide—Notwithstanding any other provision of law, it shall not be unlawful for any person or entity to produce or import methyl bromide, or otherwise supply methyl bromide from inventories (produced or imported pursuant to the Clean Air Act for other purposes) in response to an emergency event in accordance with subsection (a).

removed “(g) Exclusive authority of the Secretary—Nothing in this section shall be construed to alter or modify the authority of the Secretary to use methyl bromide for quarantine and pre-shipment, without limitation, under the Clean Air Act.

removed “(h) Definitions

removed “(1) Emergency event—The term emergency event means a situation—

removed “(A) that occurs at a location on which a plant or commodity is grown or produced or a facility providing for the storage of, or other services with respect to, a plant or commodity;

removed “(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 such a location or facility or the owner, grower, or purchaser of such a plant or commodity; and

removed “(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 such location or facility because there are no technically or economically feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph (B) at the time and location of the event that—

removed “(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

removed “(ii) would adequately control the pest or disease presented at such location or facility.

removed “(2) Pest—The term pest has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).

removed “(3) Qualified use—The term qualified use means, with respect to methyl bromide, a methyl bromide treatment or application in an amount not to exceed the limitations specified in subsection (e) in response to an emergency event.”

Sec. 9122 Preventing the arrival in the United States of forest pests through restrictions on the importation of certain plants for planting

removed
(a)
removed Criteria for adding plants to not authorized pending pest risk analysis list— Section 412(a) of the Plant Protection Act (7 U.S.C. 7711(a)) is amended—
(1)
removed by striking “The Secretary” and inserting the following:

removed “(1) Regulation of movement—The Secretary”

(2)
removed by adding at the end the following new paragraph:

removed “(2) Criteria for adding plants to not authorized pending pest risk analysis list—In determining whether to add a genus of a plant for planting to the not authorized pending pest risk analysis list, the Secretary shall consider the environmental impact on natural, managed, and urban ecosystems in the United States of a pest that may be carried on a plant for planting.”

(b)
removed Reporting requirement— Section 412(e) of the Plant Protection Act (7 U.S.C. 7712(e)) is amended to read as follows:

removed “(e) Report on interception of forest pests—Not later than March 1, 2021, the Secretary shall submit to Congress a report—

removed “(1) evaluating the effectiveness of the Federal Government in intercepting pests in international shipping and on plants for planting;

removed “(2) describing the geographic sources of intercepted pests and the commodities or plant species most often associated with infested shipments;

removed “(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;

removed “(4) describing new outbreaks of forest pests in the United States and the spread of existing infestations;

removed “(5) describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have changed since January 1, 2018;

removed “(6) containing proposed additional actions to further reduce the rate of arrival for forest pests across the borders of the United States; and

removed “(7) identifying current challenges with intercepting, detecting, and addressing outbreaks of tree and wood pests, as well as challenges in achieving compliance with this Act and recommendations with respect to such challenges.”

(c)
removed Declaration of extraordinary emergency and resulting authorities— Section 415(a) of the Plant Protection Act (7 U.S.C. 7715(a)) is amended—
(1)
removed by striking “and” at the end of paragraph (3);
(2)
removed by striking the period at the end of paragraph (4) and inserting “; and”; and
(3)
removed by adding at the end the following new paragraph:

removed “(5) use available funds for all activities necessary for pest eradication, including pest identification, development of a pest-specific management plan, and implementation of that plan.”

(d)
removed Forest Service and Animal and Plant Health Inspection Service cooperation in response to forest plant pests— Section 431(a) of the Plant Protection Act (7 U.S.C. 7751(a)) is amended—
(1)
removed by striking “(a) In General.—” and inserting the following:

removed “(a) Cooperation authority

removed “(1) In general”

(2)
removed by adding at the end the following new paragraph:

removed “(2) Improved cooperation with forest service against forest plant pests—The Secretary shall ensure that appropriate coordination and collaboration is occurring between the Animal and Plant Health Inspection Service and the Forest Service with respect to—

removed “(A) periodically identifying and prioritizing critical detection, surveillance, and eradication needs for tree and wood pests; and

removed “(B) identifying the actions each agency will take within their respective missions with respect to addressing identified priorities.”

(e)
removed Effective date and implementation—
(1)
removed Effective date— The amendments made by this section shall take effect 60 days after the date of the enactment of this Act.
(2)
removed Implementation— The Secretary shall issue or revise such regulations as may be necessary to implement the amendments made by this section.

Sec. 9131 Definition of retail facilities

removed

removed Not later than 180 days of the date of enactment of this Act, the Secretary of Labor shall revise the process safety management of highly hazardous chemicals standard under section 1910.119 of title 29, Code of Federal Regulations, promulgated pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), to provide that the definition of the term retail facility, when used with respect to a facility that provides direct sales of highly hazardous chemicals to end users or consumers (including farmers or ranchers), means a facility that is exempt from such standard because such facility has obtained more than half of its income during the most recent 12-month period from such direct sales.

Sec. 9201 Report on regulation of plant biostimulants

removed
(a)
removed 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 potential regulatory and legislative reforms to ensure the expeditious and appropriate review, approval, uniform national labeling, and availability of plant biostimulant products to agricultural producers.
(b)
removed Consultation— The Secretary of Agriculture 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)
removed Plant biostimulant defined— In this section, the term plant biostimulant means 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.

Sec. 9202 Pecan marketing orders

removed

removed Section 8e(a) of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608e–1(a)), is amended in the first sentence, by inserting “pecans,” after “walnuts,”.

Sec. 9203 Report on honey and maple syrup

removed

removed Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report examining the effect of the final rule entitled “Food Labeling: Revision of the Nutrition and Supplement Facts Labels”, published in the Federal Register by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33742), (providing for updates to the nutrition facts panel on the labeling of packaged food) has on consumer perception regarding the “added sugar” statement required to be included on such panel by such final rule with respect to packaged food in which no sugar is added during processing, including pure honey and maple syrup.

Sec. 10001 Treatment of forage and grazing

removed
(a)
removed 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)
removed by striking “(A) In general.—Except as provided in subparagraph (B), the” and inserting “The”; and
(2)
removed by striking subparagraph (B).
(b)
removed Limitation on multiple benefits for same loss— Section 508(n)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(n)(2)) is amended by inserting before the period the following: “or to coverage described in section 508D”.
(c)
removed 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:

removed “508D. Coverage for forage and grazing

removed “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, and be independently indemnified on, separate policies for each intended use, as determined by the Corporation.”

Sec. 10002 Administrative basic fee

removed

removed 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 “$500”.

Sec. 10003 Prevention of duplicative coverage

removed
(a)
removed In general— Section 508(c)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(1)) is amended by adding at the end the following new subparagraph:

removed “(C) Ineligible crops and acres—Crops for which the producer has elected under section 1117 of the Agriculture and Nutrition Act of 2018 to receive agriculture risk coverage and acres that are enrolled in the stacked income protection plan under section 508B shall not be eligible for—

removed “(i) coverage based on an area yield and loss basis under paragraph (3)(A)(ii); or

removed “(ii) supplemental coverage under paragraph (4)(C).”

(b)
removed Conforming amendments— Section 508(c)(4)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(4)(C)) is amended—
(1)
removed by striking clause (iv); and
(2)
removed by redesignating clause (v) as clause (iv).

Sec. 10004 Repeal of unused authority

removed
(a)
removed In general— Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended—
(1)
removed by striking paragraph (3); and
(2)
removed by redesignating paragraph (4) as paragraph (3).
(b)
removed Conforming amendments— Section 508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended—
(1)
removed in clause (i), by inserting “or” after the semicolon;
(2)
removed by striking clause (ii); and
(3)
removed by redesignating clause (iii) as clause (ii).

Sec. 10005 Continued authority

removed

removed 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:

removed “(6) Continued authority

removed “(A) In general—The Corporation shall establish—

removed “(i) underwriting rules that limit the decrease in the actual production history of a producer, at the election of the producer, to not more than 10 percent of the actual production history of the previous crop year provided that the production decline was the result of drought, flood, natural disaster, or other insurable loss (as determined by the Corporation); and

removed “(ii) actuarially sound premiums to cover additional risk.

removed “(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.

removed “(C) Effect—Nothing in this paragraph shall be construed to require a change in the carrying out of any provision of this Act as the Act was carried out for the 2018 reinsurance year.”

Sec. 10006 Program administration

removed

removed 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. 10007 Maintenance of policies

removed
(a)
removed Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—
(1)
removed in paragraph (1), by amending subparagraph (B) to read as follows:

removed “(B) Reimbursement

removed “(i) In general—An applicant who submits a policy under section 508(h) shall be eligible for the reimbursement of reasonable and actual research and development costs directly related to the policy if the policy is approved by the Board for sale to producers.

removed “(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 and actual costs if the costs are based on—

removed “(I) wage rates equal to 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; or

removed “(II) actual documented costs incurred by the applicant.”

(2)
removed in paragraph (4)—
(A)
removed in subparagraph (C), by striking “approved insurance provider” and inserting “applicant”; and
(B)
removed in subparagraph (D)—
(i)
removed in clause (i), by striking “determined by the approved insurance provider” and inserting “determined by the applicant”;
(ii)
removed by striking clause (ii) and inserting the following new clauses:

removed “(ii) Approval—Subject to clause (iii), the Board shall approve the amount of a fee determined under clause (i) unless the Board determines, based on substantial evidence in the record, that the amount of the fee unnecessarily inhibits the use of the policy.

removed “(iii) Consideration—The Board shall not disapprove a fee on the basis of—

removed “(I) a comparison to maintenance fees paid with respect to the policy; or

removed “(II) the potential for the fee to result in a financial gain or loss to the applicant based on the number of policies sold.”

(b)
removed Applicability—
(1)
removed In general— The amendments made by this section shall apply to reimbursement requests made on or after October 1, 2016.
(2)
removed 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. 10008 Research and development priorities

removed
(a)
removed Repeal of certain research and development activities— Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(1)
removed by striking paragraphs (7) through (18);
(2)
removed by striking paragraphs (20) through (23); and
(3)
removed by redesignating paragraphs (19) and (24) as paragraphs (7) and (8), respectively.
(b)
removed Whole farm application to beginning farmers and ranchers— Paragraph (7) of section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)), as redesignated by subsection (a), is amended by adding at the end the following new subparagraph:

removed “(E) 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.”

(c)
removed Research and development priorities— Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) as amended by subsection (a), is further amended by adding at the end the following new paragraphs:

removed “(9) Tropical storm or hurricane insurance

removed “(A) In general—The Corporation shall offer to enter into 1 or more contracts with qualified entities 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.

removed “(B) Research and development—Research and development with respect to the policy required under subparagraph (A) shall—

removed “(i) evaluate the effectiveness of a risk management tool for a low frequency, catastrophic loss weather event; and

removed “(ii) provide protection for production or revenue losses, or both.

removed “(10) Subsurface irrigation practices—The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding the creation of a separate practice for subsurface irrigation, including the establishment of a separate transitional yield within the county that is reflective of the average gain in productivity and yield associated with the installation of a subsurface irrigation system.

removed “(11) Study and report on grain sorghum rates and yields

removed “(A) Study—The Corporation shall contract with a qualified entity to conduct a study to assess the difference in rates, average yields, and coverage levels of grain sorghum policies as compared to other feed grains within a county.

removed “(B) Report—Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A).

removed “(12) Quality losses

removed “(A) In general—The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding the establishment of an alternative method of adjusting for quality losses that does not impact the average production history of producers.

removed “(B) Requirements—Notwithstanding subsections (g) and (m) of section 508, if the Corporation uses any method developed as a result of the contract described in subparagraph (A) to adjust for quality losses, such method shall be—

removed “(i) optional for producers to elect to use; and

removed “(ii) offered at an actuarially sound premium rate.”

Sec. 10009 Extension of funding for research and development

removed

removed Section 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is amended—

(1)
removed by striking subsection (d);
(2)
removed in subsection (e)(2)(A)—
(A)
removed by striking “under subsections (c) and (d)” and inserting “under subsection (c)” ; and
(B)
removed by striking “not more than $12,500,000 for fiscal year 2008 and each subsequent fiscal year.” and inserting the following:

removed “(i) $12,500,000 for fiscal year 2008 through 2018; and”

(C)
removed by adding at the end the following:

removed “(ii) $8,000,000 for fiscal year 2019 and each fiscal year thereafter.”

(3)
removed by redesignating subsection (e), as so amended, as subsection (d).

Sec. 10010 Education and risk management assistance

removed

removed Section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is amended to read as follows:

removed “524. Education and risk management assistance

removed “(a) Education Assistance—Subject to the amounts made available under subsection (d), the Secretary, acting through the National Institute of Food and Agriculture, shall carry out the program established under subsection (b).

removed “(b) Partnerships for risk management education

removed “(1) Authority—The Secretary, acting through the National Institute of Food and Agriculture, shall establish a program under which competitive grants are made to qualified public and private entities (including land-grant colleges, cooperative extension services, and colleges or universities), as determined by the Secretary, for the purpose of educating agricultural producers about the full range of risk management activities, including futures, options, agricultural trade options, crop insurance, cash forward contracting, debt reduction, production diversification, farm resources risk reduction, farm financial benchmarking, and other risk management strategies.

removed “(2) Basis for grants—A grant under this subsection shall be awarded on the basis of merit and shall be subject to peer or merit review.

removed “(3) Obligation period—Funds for a grant under this subsection shall be available to the Secretary for obligation for a 2-year period.

removed “(4) Administrative costs—The Secretary may use not more than 4 percent of the funds made available for grants under this subsection for administrative costs incurred by the Secretary in carrying out this subsection.

removed “(c) Requirements—In carrying out the program established under subsection (b), the Secretary shall place special emphasis on risk management strategies (including farm financial benchmarking), education, and outreach specifically targeted at—

removed “(1) beginning farmers or ranchers;

removed “(2) legal immigrant farmers or ranchers that are attempting to become established producers in the United States;

removed “(3) socially disadvantaged farmers or ranchers; and

removed “(4) farmers or ranchers that—

removed “(A) are preparing to retire;

removed “(B) are using transition strategies to help new farmers or ranchers get started; and

removed “(C) new or established farmers or ranchers that are converting production and marketing systems to pursue new markets.

removed “(d) Funding—From the insurance fund established under section 516(c), there is transferred for the partnerships for risk management education program established under subsection (b) $5,000,000 for fiscal year 2018 and each subsequent fiscal year.”

Sec. 9007 Rural Energy for America Program

added

added Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended—

(1)
added in subsection (c)—
(A)
added by amending paragraph (1) to read as follows:

added “(1) In general

added “(A) Assistance—In addition to any similar authority, the Secretary shall provide—

added “(i) loan guarantees and grants to agricultural producers and rural small businesses—

added “(I) to purchase renewable energy systems, including systems that may be used to produce and sell electricity; and

added “(II) to make energy efficiency improvements; and

added “(ii) loan guarantees to agricultural producers to purchase and install energy efficient equipment or systems for agricultural production or processing that exceed—

added “(I) energy efficiency building codes, if applicable;

added “(II) Federal or State energy efficiency standards, if applicable; and

added “(III) other energy efficiency standards determined appropriate by the Secretary.

added “(B) Limitations—With respect to loan guarantees under subparagraph (A)(ii)—

added “(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

added “(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.”

(B)
added in paragraph (3), by adding at the end the following:

added “(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)
added in subsection (e), by striking “subsection (g)” each place it appears and inserting “subsection (f)”;
(3)
added by striking subsection (f) and redesignating subsection (g) as subsection (f); and
(4)
added in subsection (f)(3) (as so redesignated), by striking “2014 through 2018” and inserting “2019 through 2023”.

Sec. 9008 Rural Energy Self-Sufficiency Initiative

added

added Section 9009 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) is repealed.

Sec. 9009 Feedstock flexibility

added

added Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended—

(1)
added in paragraph (1)(A), by striking “2018” and inserting “2023”; and
(2)
added in paragraph (2)(A), by striking “2018” and inserting “2023”.

Sec. 9010 Biomass Crop Assistance Program

added

added Section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is amended—

(1)
added in subsection (a)(6)—
(A)
added in subparagraph (B)—
(i)
added in clause (ii)(II), by striking “and” at the end;
(ii)
added in clause (iii), by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following:

added “(iv) algae.”

(B)
added in subparagraph (C)—
(i)
added by striking clause (iv); and
(ii)
added by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively; and
(2)
added in subsection (f)—
(A)
added by amending paragraph (1) to read as follows:

added “(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.”

(B)
added by amending paragraph (3) to read as follows:

added “(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

added

added 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:

added “9014. Carbon utilization and biogas education program

added “(a) Definitions—In this section:

added “(1) Carbon dioxide—The term carbon dioxide means carbon dioxide that is produced as a byproduct of the production of a biobased product.

added “(2) Eligible entity—The term eligible entity means an entity that—

added “(A) is—

added “(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

added “(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)));

added “(B) has demonstrated knowledge about—

added “(i) sequestration and utilization of carbon dioxide; or

added “(ii) aggregation of organic waste from multiple sources into a single biogas system; and

added “(C) has a demonstrated ability to conduct educational and technical support programs.

added “(b) Establishment—The Secretary, in consultation with the Secretary of Energy, shall make competitive grants to eligible entities—

added “(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

added “(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.

added “(c) Funding—There are authorized to be appropriated for each of fiscal years 2019 through 2023—

added “(1) $1,000,000 to carry out subsection (b)(1); and

added “(2) $1,000,000 to carry out subsection (b)(2).”

Sec. 10101 Specialty crops market news allocation

added

added Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking “2018” and inserting “2023”.

Sec. 10102 Local agriculture market program

added
(a)
added 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)
added 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)
added 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)
added 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:

added “210A. Local agriculture market program

added “(a) Definitions—In this section:

added “(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)).

added “(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).

added “(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)).

added “(4) Food council—The term food council means a food policy council or food and farm system network, as determined by the Secretary, that—

added “(A) represents—

added “(i) multiple organizations involved in the production, processing, and consumption of food; and

added “(ii) local, Tribal, or State governments; and

added “(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.

added “(5) Majority-controlled producer-based business venture

added “(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—

added “(i) 1 or more producers; or

added “(ii) 1 or more entities, 100 percent of the ownership and control of which is held by 1 or more producers.

added “(B) Entity described—For purposes of subparagraph (A), the term entity means—

added “(i) a partnership;

added “(ii) a limited liability corporation;

added “(iii) a limited liability partnership; and

added “(iv) a corporation.

added “(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—

added “(A) targets and strengthens the profitability and competitiveness of small and medium-sized farms and ranches that are structured as a family farm; and

added “(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.

added “(7) Partnership—The term partnership means a partnership entered into under an agreement between—

added “(A) 1 or more eligible partners (as defined in subsection (e)(1)); and

added “(B) 1 or more eligible entities (as defined in subsection (e)(1)).

added “(8) Program—The term Program means the Local Agriculture Market Program established under subsection (b).

added “(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.

added “(10) Secretary—The term Secretary means the Secretary of Agriculture.

added “(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)).

added “(12) Value-added agricultural product—The term value-added agricultural product means any agricultural commodity or product that—

added “(A)

added “(i) has undergone a change in physical state;

added “(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;

added “(iii) is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product;

added “(iv) is a source of farm- or ranch-based renewable energy, including E–85 fuel; or

added “(v) is aggregated and marketed as a locally produced agricultural food product; and

added “(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—

added “(i) the customer base for the agricultural commodity or product is expanded; and

added “(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.

added “(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)).

added “(b) Establishment and purpose—The Secretary shall establish a program, to be known as the “Local Agriculture Market Program”, that—

added “(1) supports the development, coordination, and expansion of—

added “(A) direct producer-to-consumer marketing;

added “(B) local and regional food markets and enterprises; and

added “(C) value-added agricultural products;

added “(2) connects and cultivates regional food economies through public-private partnerships;

added “(3) supports the development of business plans, feasibility studies, and strategies for value-added agricultural production and local and regional food system infrastructure;

added “(4) strengthens capacity and regional food system development through community collaboration and expansion of mid-tier value chains;

added “(5) improves income and economic opportunities for producers and food businesses through job creation; and

added “(6) simplifies the application processes and the reporting processes for the Program.

added “(c) Administration—In administering the Program, the Secretary shall—

added “(1) streamline the Program to better support the activities carried out by the recipient of a grant under the Program;

added “(2) connect producers with local food markets and value-added agricultural product opportunities;

added “(3) partner with cooperative extension services, as appropriate, to provide Program technical assistance and outreach to Program stakeholders; and

added “(4) ensure that the Rural Business-Cooperative Service and Agricultural Marketing Service provide Program technical assistance and outreach to Program stakeholders.

added “(d) Grants

added “(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).

added “(2) Eligible activities—The recipient of a grant may use a grant provided under paragraph (1)—

added “(A) to support and promote—

added “(i) domestic direct producer-to-consumer marketing;

added “(ii) farmers’ markets;

added “(iii) roadside stands;

added “(iv) agritourism activities,

added “(v) community-supported agriculture programs; or

added “(vi) online sales;

added “(B) to support local and regional food business enterprises that engage as intermediaries in indirect producer-to-consumer marketing;

added “(C) to support the processing, aggregation, distribution, and storage of—

added “(i) local and regional food products that are marketed locally or regionally; and

added “(ii) value-added agricultural products;

added “(D) to encourage the development of value-added agricultural products;

added “(E) to assist with business development plans and feasibility studies;

added “(F) to develop marketing strategies for producers of local food products and value-added agricultural products in new and existing markets;

added “(G) to facilitate regional food chain coordination and mid-tier value chain development;

added “(H) to promote new business opportunities and marketing strategies to reduce on-farm food waste;

added “(I) to respond to changing technology needs in direct producer-to-consumer marketing; or

added “(J) to cover expenses relating to costs incurred in—

added “(i) obtaining food safety certification; and

added “(ii) making changes and upgrades to practices and equipment to improve food safety.

added “(3) Criteria and guidelines

added “(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.

added “(B) Producer or food business benefits

added “(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.

added “(ii) Exception—Clause (i) shall not apply to a planning or feasibility project.

added “(4) Amount—Unless otherwise determined by the Secretary, the amount of a grant under this subsection shall be not more than $500,000.

added “(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:

added “(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.

added “(B) Eligible entities—An entity shall be eligible for a grant under this paragraph if the entity is—

added “(i) an independent producer (as determined by the Secretary) of a value-added agricultural product; or

added “(ii) an agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the Secretary).

added “(C) Priorities—The Secretary shall give priority to applications—

added “(i) in the case of an application submitted by a producer, that are submitted by, or serve—

added “(I) beginning farmers or ranchers;

added “(II) socially disadvantaged farmers or ranchers;

added “(III) operators of small or medium sized farms or ranches that are structured as family farms; or

added “(IV) veteran farmers or ranchers; and

added “(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).

added “(D) Limitation on use of funds

added “(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.

added “(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.

added “(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.

added “(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:

added “(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.

added “(B) Eligible entities—An entity shall be eligible to receive a grant under this paragraph if the entity is—

added “(i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community-supported agriculture network or association;

added “(ii) a local or Tribal government;

added “(iii) a nonprofit corporation;

added “(iv) a public benefit corporation;

added “(v) an economic development corporation;

added “(vi) a regional farmers’ market authority;

added “(vii) a food council; or

added “(viii) such other entity as the Secretary may designate.

added “(C) Priorities—The Secretary shall give priority to applications that—

added “(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

added “(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.

added “(D) Limitation on use of funds

added “(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.

added “(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.

added “(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.

added “(e) Partnerships

added “(1) Definitions—In this subsection:

added “(A) Eligible entity—The term eligible entity means—

added “(i) a producer;

added “(ii) a producer network or association;

added “(iii) a farmer or rancher cooperative;

added “(iv) a majority-controlled producer-based business venture;

added “(v) a food council;

added “(vi) a local or Tribal government;

added “(vii) a nonprofit corporation;

added “(viii) an economic development corporation;

added “(ix) a public benefit corporation;

added “(x) a community-supported agriculture network or association; and

added “(xi) a regional farmers’ market authority.

added “(B) Eligible partner—The term eligible partner means—

added “(i) a State agency or regional authority;

added “(ii) a philanthropic organization;

added “(iii) a private corporation;

added “(iv) an institution of higher education;

added “(v) a commercial, Federal, or Farm Credit System lending institution; and

added “(vi) another entity, as determined by the Secretary.

added “(2) Grants to support partnerships

added “(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.

added “(B) Geographical diversity—To the maximum extent practicable, the Secretary shall ensure geographical diversity in selecting partnerships to receive grants under subparagraph (A).

added “(3) Authorities of partnerships—A partnership receiving a grant under paragraph (2) may—

added “(A) determine the scope of the regional food system to be developed, including goals, outreach objectives, and eligible activities to be carried out;

added “(B) determine the local, regional, State, multi-State, or other geographic area covered;

added “(C) create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the partnership agreement;

added “(D) conduct outreach and education to other eligible entities and eligible partners for potential participation in the partnership agreement and eligible activities;

added “(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;

added “(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);

added “(G) monitor, evaluate, and periodically report to the Secretary on progress made toward achieving the objectives of eligible activities under the partnership agreement; or

added “(H) at the conclusion of the partnership agreement, submit to the Secretary a report describing—

added “(i) the results and effects of the partnership agreement; and

added “(ii) funds provided under paragraph (4).

added “(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.

added “(5) Applications

added “(A) In general—To be eligible to receive a grant under paragraph (2), a partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications.

added “(B) Competitive process—The Secretary—

added “(i) shall conduct a competitive process to select applications submitted under subparagraph (A);

added “(ii) may assess and rank applications with similar purposes as a group; and

added “(iii) shall make public the criteria to be used in evaluating applications prior to accepting applications.

added “(C) Priority to certain applications—The Secretary may give priority to applications submitted under subparagraph (A) that—

added “(i)

added “(I) leverage significant non-Federal financial and technical resources; and

added “(II) coordinate with other local, State, Tribal, or national efforts;

added “(ii) cover an area that includes distressed low-income rural or urban communities, including areas with persistent poverty; or

added “(iii) have multiple entities and partners in a partnership.

added “(D) Producer or food business benefits

added “(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.

added “(ii) Exception—Clause (i) shall not apply to a planning or feasibility project.

added “(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.

added “(f) Simplification of application and reporting processes

added “(1) Applications—The Secretary shall establish a simplified application form for eligible entities that—

added “(A) request less than $50,000 under subsection (d); or

added “(B) apply for grants under subsection (d) under a single application through partnership agreements under subsection (e).

added “(2) Reporting—The Secretary shall—

added “(A) streamline and simplify the reporting process for eligible entities; and

added “(B) obtain from eligible entities and maintain such information as the Secretary determines is necessary to administer and evaluate the Program.

added “(g) Interdepartmental coordination—In carrying out the Program, to the maximum extent practicable, the Secretary shall ensure coordination among Federal agencies.

added “(h) Evaluation

added “(1) In general—Using amounts made available under subsection (i)(3)(E), the Secretary shall conduct an evaluation of the Program that—

added “(A) measures the economic impact of the Program on new and existing market outcomes;

added “(B) measures the effectiveness of the Program in improving and expanding—

added “(i) the regional food economy through public and private partnerships;

added “(ii) the production of value-added agricultural products;

added “(iii) producer-to-consumer marketing, including direct producer-to-consumer marketing;

added “(iv) local and regional food systems, including regional food chain coordination and business development;

added “(v) new business opportunities and marketing strategies to reduce on-farm food waste;

added “(vi) the use of new technologies in producer-to-consumer marketing, including direct producer-to-consumer marketing; and

added “(vii) the workforce and capacity of regional food systems; and

added “(C) provides a description of—

added “(i) each partnership agreement; and

added “(ii) each grant provided under subsection (d).

added “(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.

added “(i) Funding

added “(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.

added “(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.

added “(3) Allocation of funds

added “(A) Value-added producer grants

added “(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).

added “(ii) Reservation of funds

added “(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).

added “(II) Beginning, veteran, and socially disadvantaged farmers and ranchers—Of the funds made available for grants under subsection (d)(5), 10 percent shall be reserved for grants provided to beginning, veteran, and socially disadvantaged farmers or ranchers.

added “(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.

added “(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).

added “(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).

added “(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).

added “(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—

added “(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

added “(ii) may carry over to the next fiscal year.

added “(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)
added Conforming amendments—
(1)
added Agricultural marketing resource center pilot project— Section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a) is amended—
(A)
added by striking the section heading and inserting “agricultural marketing resource center pilot project.”;
(B)
added by striking subsections (a), (b), (d), and (e);
(C)
added in subsection (c)—
(i)
added by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively, and indenting appropriately; and
(ii)
added by striking the subsection designation and heading;
(D)
added in subsection (a) (as so redesignated)—
(i)
added in the matter preceding subparagraph (A), by striking “Notwithstanding” and all that follows through “paragraph (2)” and inserting the following: “The Secretary shall not use more than 2.5 percent of the funds made available to carry out the Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946 to establish a pilot project (to be known as the “Agricultural Marketing Resource Center”) at an eligible institution described in subsection (b)”; and
(ii)
added by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; and
(E)
added in subsection (b) (as so redesignated)—
(i)
added by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and
(ii)
added in paragraph (1) (as so redesignated), by striking “paragraph (1)(A)” and inserting “subsection (a)(1)”.
(2)
added 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)
added 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)
added 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:

added “(1) section 210A of the Agricultural Marketing Act of 1946;”

(5)
added Farmer-to-consumer direct marketing act of 1976—
(A)
added Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended—
(i)
added by striking “The Secretary” and inserting the following:

added “(a) In general—The Secretary”

(ii)
added by adding at the end the following:

added “(b) Authorization of appropriations—There are authorized to be appropriated such sums as are necessary to carry out this section.”

(B)
added 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

added

added Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended—

(1)
added in paragraph (1)—
(A)
added in the paragraph heading, by striking “through fiscal year 2012”; and
(B)
added by striking “$5,000,000, to remain available until expended.” and inserting the following: “, to remain available until expended—

added “(A) $5,000,000 for each of the periods of fiscal years 2008 through 2012 and 2014 through 2018; and

added “(B) $5,000,000 for the period of fiscal years 2019 through 2023.”

(2)
added by striking paragraph (2);
(3)
added by redesignating paragraph (3) as paragraph (2); and
(4)
added in paragraph (2) (as so redesignated)—
(A)
added by striking “paragraphs (1) and (2)” and inserting “paragraph (1)”; and
(B)
added by striking “2018” and inserting “2023”.

Sec. 10104 Organic certification

added
(a)
added 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)
added Definitions— Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended—
(1)
added in paragraph (3)—
(A)
added by striking “The term” and inserting the following:

added “(A) In general—The term”

(B)
added by adding at the end the following:

added “(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)—

added “(i) accredited in accordance with section 2115(d); or

added “(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)
added by redesignating paragraphs (13) through (21) as paragraphs (14) through (22), respectively; and
(3)
added by inserting after paragraph (12) the following:

added “(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—

added “(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);

added “(B) which shall include, at a minimum, information sufficient to indicate, with respect to the agricultural product—

added “(i) the origin;

added “(ii) the destination;

added “(iii) the certifying agent issuing the national organic program import certificate;

added “(iv) the harmonized tariff code, if a harmonized tariff code exists for the agricultural product;

added “(v) the total weight; and

added “(vi) the organic standard to which the agricultural product is certified; and

added “(C) that is not more than otherwise required under an equivalency agreement negotiated between the United States and the foreign government.”

(c)
added 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:

added “(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.

added “(d) Accreditation of foreign organic certification program

added “(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.

added “(2) Tracking system

added “(A) In general—The Secretary shall establish a system to track national organic import certificates.

added “(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.

added “(e) Duration of accreditation—An accreditation made under this section—

added “(1) subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary;

added “(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

added “(3) may be renewed.”

(d)
added Requirements of certifying agents— Section 2116 of the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is amended—
(1)
added in subsection (i)—
(A)
added in paragraph (1), by inserting “or an entity acting as an agent of the certifying agent” after “a certifying agent”;
(B)
added by redesignating paragraph (2) as paragraph (3); and
(C)
added by inserting after paragraph (1) the following:

added “(2) Oversight of Certifying Offices and Foreign Operations

added “(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—

added “(i) an office operating in a foreign country; and

added “(ii) an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity.

added “(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.”

(2)
added by adding at the end the following:

added “(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)
added 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)
added in paragraph (1), by inserting “, or employees of such individuals” after “operation”;
(2)
added in paragraph (2), by inserting “, or employees of such individuals” after “operation”; and
(3)
added in paragraph (3), by inserting “, or an employee of such individual” after “products”.
(f)
added National Organic Standards Board— Section 2119(i) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended—
(1)
added by striking “Two-thirds” and inserting the following:

added “(1) In general—2/3”

(2)
added by adding at the end the following:

added “(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)
added 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:

added “(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)
added 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:

added “(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.

added “(d) Reports

added “(1) In general—Not later than March 1, 2020, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Agriculture, a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.

added “(2) Requirements—The data described in paragraph (1) shall be broken down by agricultural product, quantity, value, and month.

added “(3) Exception—Any data determined by the Secretary to be confidential business information shall not be provided in the report under paragraph (1).”

(i)
added 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:

added “2122A. Organic agricultural product imports interagency working group

added “(a) Establishment

added “(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”).

added “(2) Members—The working group—

added “(A) shall include—

added “(i) the Secretary (or a designee); and

added “(ii) the Secretary of Homeland Security (or a designee); and

added “(B) shall not include any non-Federal officer or employee.

added “(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—

added “(A) identifying imports of organically produced agricultural products;

added “(B) verifying the authenticity of organically produced agricultural product import documentation, such as national organic program import certificates;

added “(C) ensuring imported agricultural products represented as organically produced meet the requirements under this title;

added “(D) collecting and organizing quantitative data on imports of organically produced agricultural products; and

added “(E) requesting feedback from stakeholders on how to improve the oversight of imports of organically produced agricultural products.

added “(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.

added “(b) Reports—On an annual basis, the working group shall submit to Congress and make publicly available on the websites of the Department of Agriculture and U.S. Customs and Border Protection the following reports:

added “(1) Organic trade enforcement interagency coordination report—A report—

added “(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—

added “(i) U.S. Customs and Border Protection;

added “(ii) the Agricultural Marketing Service; and

added “(iii) the Animal and Plant Health Inspection Service;

added “(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—

added “(i) the status of the development of systems for—

added “(I) tracking the fumigation of imports of organically produced agricultural products into the United States; and

added “(II) electronically verifying national organic program import certificate authenticity; and

added “(ii) training of U.S. Customs and Border Protection personnel on—

added “(I) the use of the systems described in clause (i); and

added “(II) requirements and protocols under this title;

added “(C) establishing methodology for ensuring imports of agricultural products represented as organically produced meet the requirements under this title;

added “(D) recommending steps to improve the documentation and traceability of imported organically produced agricultural products;

added “(E) recommending and describing steps for—

added “(i) improving compliance with the requirements of this title for all agricultural products imported into the United States and represented as organically produced; and

added “(ii) ensuring accurate labeling and marketing of imported agricultural products represented as organically produced by the exporter; and

added “(F) describing staffing needs and additional resources at U.S. Customs and Border Protection and the Department of Agriculture needed to ensure compliance.

added “(2) Report on enforcement actions taken on organic imports—A report—

added “(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;

added “(B) providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced, including the number and type of actions taken by United States officials at ports of entry in response to violations of this title;

added “(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

added “(D) providing information on enforcement activities under this title involving overseas investigations and compliance actions taken within that year, including—

added “(i) the number of investigations by country; and

added “(ii) a descriptive summary of compliance actions taken by certifying agents in each country.”

(j)
added 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)
added by striking the section heading and inserting “Funding”;
(2)
added in subsection (b), by striking paragraphs (1) through (7) and inserting the following:

added “(1) $15,000,000 for fiscal year 2018;

added “(2) $16,500,000 for fiscal year 2019;

added “(3) $18,000,000 for fiscal year 2020;

added “(4) $20,000,000 for fiscal year 2021;

added “(5) $22,000,000 for fiscal year 2022; and

added “(6) $24,000,000 for fiscal year 2023.”

(3)
added by striking subsection (c) and inserting the following:

added “(c) Modernization and improvement of international trade technology systems and data collection

added “(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.

added “(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.

added “(3) Access—The single system established under paragraph (1) shall be accessible by any agency with the direct authority to engage in—

added “(A) inspection of imports of agricultural products;

added “(B) trade data collection and organization; or

added “(C) enforcement of trade requirements for organically produced agricultural products.

added “(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—

added “(A) carrying out this subsection; and

added “(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.

added “(5) Availability—The amounts made available under paragraph (4) are in addition to any other funds made available for the purposes described in that paragraph and shall remain available until expended.”

(k)
added 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

added
(a)
added 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)
added 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:

added “(d) Mandatory funding

added “(1) In general—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—

added “(A) $2,000,000 for each of fiscal years 2019 and 2020;

added “(B) $4,000,000 for fiscal year 2021; and

added “(C) $8,000,000 for each of fiscal years 2022 and 2023.

added “(2) Availability—Amounts made available under paragraph (1) shall remain available until expended.”

Sec. 10106 Food safety education initiatives

added

added 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

added

added Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—

(1)
added in subsection (a)—
(A)
added by striking “2018” and inserting “2023”; and
(B)
added by striking “solely to enhance the competitiveness of specialty crops.” and inserting the following:

added “(1) by leveraging efforts to market and promote specialty crops;

added “(2) by assisting producers with research and development relevant to specialty crops;

added “(3) by expanding availability and access to specialty crops;

added “(4) by addressing local, regional, and national challenges confronting specialty crop producers; and

added “(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)
added in subsection (j)—
(A)
added by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;
(B)
added in the matter preceding subparagraph (A) (as so redesignated), by striking “Not later” and inserting the following:

added “(1) In general—Not later”

(C)
added by adding at the end the following:

added “(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)
added in subsection (k), by adding at the end the following:

added “(3) Evaluation

added “(A) Performance measures and review

added “(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.

added “(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.

added “(B) Cooperative agreements—The Secretary of Agriculture may enter into cooperative agreements—

added “(i) to develop the performance measures under subparagraph (A)(i); or

added “(ii) to evaluate the overall performance of the grant program established under this section.”

(4)
added in subsection (l)(2)(E), by inserting “and each fiscal year thereafter” after “2018”.

Sec. 10108 Amendments to the Plant Variety Protection Act

added
(a)
added Asexually reproduced defined— Section 41(a) of the Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended—
(1)
added 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)
added by inserting before paragraph (2), as so redesignated, the following new paragraph:

added “(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)
added 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)
added 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)
added 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

added
(a)
added In general— The Secretary, acting through the Director of the Office of Pest Management Policy, shall conduct a multiple crop and pesticide use survey of farmers to collect data for risk assessment modeling and mitigation for an active ingredient.
(b)
added Submission— The Secretary shall submit to the Administrator of the Environmental Protection Agency and make publicly available the survey described in subsection (a).
(c)
added Funding—
(1)
added 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)
added Authorization of appropriations— There is authorized to be appropriated to carry out this section $2,500,000, to remain available until expended.
(d)
added Confidentiality of information— Section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended—
(1)
added in subsection (a)—
(A)
added by striking “(a) In the case” and inserting the following:

added “(a) In general—In the case”

(B)
added in paragraph (3), by striking “subsection (d)(12)” and inserting “paragraph (12) or (13) of subsection (d)”; and
(2)
added in subsection (d)—
(A)
added by striking “(d) For purposes” and inserting the following:

added “(d) Provisions of law references—For purposes”

(B)
added in paragraph (11), by striking “or” at the end;
(C)
added in paragraph (12), by striking the period at the end and inserting “; or”; and
(D)
added by adding at the end the following:

added “(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

added

added Not later than March 1, 2021, the Secretary shall submit to Congress a report—

(1)
added evaluating the effectiveness of the Federal Government in intercepting pests in international shipping and on plants for planting;
(2)
added describing the geographic sources of intercepted pests and the commodities or plant species most often associated with infested shipments;
(3)
added 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)
added describing new outbreaks of forest pests in the United States and the spread of existing infestations;
(5)
added describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have changed since January 1, 2018;
(6)
added containing proposed additional actions to further reduce the rate of arrival for forest pests across the borders of the United States;
(7)
added identifying current challenges with intercepting, detecting, and addressing outbreaks of tree and wood pests, as well as challenges in achieving compliance with the Plant Protection Act (7 U.S.C. 7701 et seq.) and recommendations with respect to such challenges; and
(8)
added describing the coordination and collaboration occurring between the Animal and Plant Health Inspection Service and the Forest Service with respect to—
(A)
added identifying and prioritizing critical detection, surveillance, and eradication needs for tree and wood pests; and
(B)
added identifying the actions each agency takes within their respective missions to address identified priorities.

Sec. 10111 Report on plant biostimulants

added
(a)
added 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)
added 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)
added Plant biostimulant— For the purposes of the report under subsection (a), the Secretary—
(1)
added 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)
added may modify the description of plant biostimulant, as appropriate.

Sec. 10112 Clarification of use of funds for technical assistance

added

added 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

added

added The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:

added “G Hemp production

added “297A. Definitions

added “In this subtitle:

added “(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.

added “(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).

added “(3) Secretary—The term Secretary means the Secretary of Agriculture.

added “(4) State—The term State means—

added “(A) a State;

added “(B) the District of Columbia;

added “(C) the Commonwealth of Puerto Rico; and

added “(D) any other territory or possession of the United States.

added “(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.

added “(6) Tribal government—The term Tribal government means the governing body of an Indian tribe.

added “297B. State and Tribal plans

added “(a) Submission

added “(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).

added “(2) Contents—A State or Tribal plan referred to in paragraph (1)—

added “(A) shall only be required to include—

added “(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;

added “(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;

added “(iii) a procedure for the effective disposal of—

added “(I) plants, whether growing or not, that are produced in violation of this subtitle; and

added “(II) products derived from those plants;

added “(iv) a procedure to comply with the enforcement procedures under subsection (e);

added “(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;

added “(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

added “(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

added “(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.

added “(3) Relation to State and Tribal law

added “(A) No preemption—Nothing in this subsection preempts or limits any law of a State or Indian tribe that—

added “(i) regulates the production of hemp; and

added “(ii) is more stringent than this subtitle.

added “(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.

added “(b) Approval

added “(1) In general—Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall—

added “(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or

added “(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a).

added “(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).

added “(3) Consultation—The Secretary shall consult with the Attorney General in carrying out this subsection.

added “(c) Audit of State compliance

added “(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).

added “(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—

added “(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

added “(B) the Secretary may revoke approval of the State or Tribal plan in the case of a second or subsequent instance of noncompliance.

added “(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).

added “(e) Violations

added “(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.

added “(2) Negligent violation

added “(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—

added “(i) failing to provide a legal description of land on which the producer produces hemp;

added “(ii) failing to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or

added “(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

added “(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—

added “(i) a reasonable date by which the hemp producer shall correct the negligent violation; and

added “(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.

added “(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.

added “(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.

added “(3) Other violations

added “(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—

added “(i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to—

added “(I) the Attorney General; and

added “(II) the chief law enforcement officer of the State or Indian tribe, as applicable; and

added “(ii) paragraph (1) of this subsection shall not apply to the violation.

added “(B) Felony

added “(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—

added “(I) to participate in the program established under this section or section 297C; and

added “(II) to produce hemp under any regulations or guidelines issued under section 297D(a).

added “(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.

added “(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.

added “(f) Effect—Nothing in this section prohibits the production of hemp in a State or the territory of an Indian tribe—

added “(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

added “(2) if the production of hemp is not otherwise prohibited by the State or Indian tribe.

added “297C. Department of Agriculture

added “(a) Department of agriculture plan

added “(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).

added “(2) Content—A plan established by the Secretary under paragraph (1) shall include—

added “(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;

added “(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;

added “(C) a procedure for the effective disposal of—

added “(i) plants, whether growing or not, that are produced in violation of this subtitle; and

added “(ii) products derived from those plants;

added “(D) a procedure to comply with the enforcement procedures under subsection (c)(2);

added “(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

added “(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.

added “(b) Licensing—The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).

added “(c) Violations

added “(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).

added “(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.

added “(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.

added “(d) Information sharing for law enforcement

added “(1) In general—The Secretary shall—

added “(A) collect the information described in paragraph (2); and

added “(B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.

added “(2) Content—The information collected by the Secretary under paragraph (1) shall include—

added “(A) contact information for each hemp producer in a State or the territory of an Indian tribe for which—

added “(i) a State or Tribal plan is approved under section 297B(b); or

added “(ii) a plan is established by the Secretary under this section;

added “(B) a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and

added “(C) for each hemp producer described in subparagraph (A)—

added “(i) the status of—

added “(I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or

added “(II) a license from the Secretary; and

added “(ii) any changes to the status.

added “297D. Regulations and guidelines; effect on other law

added “(a) Promulgation of regulations and guidelines; report

added “(1) Regulations and guidelines

added “(A) In general—The Secretary shall promulgate regulations and guidelines to implement this subtitle as expeditiously as practicable.

added “(B) Consultation with attorney general—The Secretary shall consult with the Attorney General on the promulgation of regulations and guidelines under subparagraph (A).

added “(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.

added “(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.

added “(c) Effect on other law—Nothing in this subtitle shall affect or modify—

added “(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

added “(2) section 351 of the Public Health Service Act (42 U.S.C. 262); or

added “(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services—

added “(A) under—

added “(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or

added “(ii) section 351 of the Public Health Service Act (42 U.S.C. 262); or

added “(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).

added “297E. Authorization of appropriations

added “There are authorized to be appropriated such sums as are necessary to carry out this subtitle.”

Sec. 10114 Interstate commerce

added
(a)
added 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)
added 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

added

added 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:

added “(11) Interagency working group

added “(A) Definition of covered agency—In this paragraph, the term covered agency means any of the following:

added “(i) The Department of Agriculture.

added “(ii) The Department of Commerce.

added “(iii) The Department of the Interior.

added “(iv) The Council on Environmental Quality.

added “(v) The Environmental Protection Agency.

added “(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.

added “(C) Duties—The interagency working group established under subparagraph (B) shall—

added “(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—

added “(I) requirements under this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

added “(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

added “(III) Federal regulations relating to the pesticide consultation process;

added “(ii) provide advice regarding methods of—

added “(I) defining the scope of actions of the covered agencies that are subject to the consultation requirement referred to in subparagraph (B); and

added “(II) properly identifying and classifying effects of actions of the covered agencies with respect to that consultation requirement;

added “(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);

added “(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;

added “(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—

added “(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;

added “(II) a streamlined process for identifying which actions require no consultation, informal consultation, or formal consultation;

added “(III) an approach that will provide clarity with respect to what constitutes the best scientific and commercial data available in the fields of pesticide use and ecological risk assessment, pursuant to section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and

added “(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

added “(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.

added “(D) Reports

added “(i) Progress reports

added “(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).

added “(II) Requirements—The report under this clause shall—

added “(aa) reflect the perspectives of each covered agency; and

added “(bb) identify areas of new consensus and continuing topics of disagreement and debate.

added “(ii) Results

added “(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—

added “(aa) the recommendations developed under subparagraph (B); and

added “(bb) plans for implementation of those recommendations.

added “(II) Requirements—The report under this clause shall—

added “(aa) reflect the perspectives of each covered agency; and

added “(bb) identify areas of consensus and continuing topics of disagreement and debate, if any.

added “(iii) Implementation—Not later than 1 year after the date of submission of the report under clause (i), the Administrator, in coordination with the head of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—

added “(I) the implementation of the recommendations referred to in that clause;

added “(II) the extent to which that implementation improved the consultation process referred to in subparagraph (B); and

added “(III) any additional recommendations for improvements to the process described in subparagraph (B).

added “(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—

added “(I) the implementation of the recommendations referred to in that clause;

added “(II) the extent to which that implementation improved the consultation process referred to in subparagraph (B); and

added “(III) any additional recommendations for improvements to the process described in subparagraph (B).

added “(E) Consultation with private sector—In carrying out the duties under this paragraph, the working group shall, as appropriate—

added “(i) consult with, representatives of interested industry stakeholders and nongovernmental organizations; and

added “(ii) take into consideration factors, such as actual and potential differences in interest between, and the views of, those stakeholders and organizations.

added “(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.

added “(G) Savings clause—Nothing in this paragraph supersedes any provision of—

added “(i) this Act; or

added “(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

added
(a)
added Definitions— In this section:
(1)
added Emergency event— The term emergency event means a situation—
(A)
added that occurs at a location on which a plant or commodity is grown or produced or facility providing for the storage of, or other services with respect to, a plant or commodity;
(B)
added 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)
added 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)
added 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)
added would adequately control the pest or disease presented at the location or facility.
(2)
added 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)
added Study—
(1)
added 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)
added Requirements— The study under paragraph (1) shall include—
(A)
added 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)
added to determine when the use of methyl bromide is required; and
(ii)
added to authorize such use;
(B)
added a risk-benefit analysis of authorizing the Secretary, in accordance with appropriate requirements and criteria, such as the recommendations developed under subparagraph (E)—
(i)
added to determine when the use of methyl bromide is required; and
(ii)
added to authorize such use;
(C)
added a historic estimate of situations occurring on or after September 15, 1997, that could have been deemed emergency events;
(D)
added 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)
added an assessment and recommendations on appropriate requirements and criteria to be met to authorize the use of methyl bromide in response to an emergency event (including any recommendations for revising the definition of the term “emergency event” in subsection (a)) in a manner that fully complies with the Montreal Protocol on Substances that Deplete the Ozone Layer, including Decision IX/7 of the Ninth Meeting of the Conference of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.
(c)
added 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.

Sec. 11101 Definitions

added Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended—

(a)
removed National Animal Disease Preparedness and Response Program— The Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308A) the following new section:

removed “10409B. National Animal Disease Preparedness and Response Program

removed “(a) Program required—The Secretary shall establish a program, to be known as the “National Animal Disease Preparedness and Response Program”, to address the increasing risk of the introduction and spread 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.

removed “(b) Eligible entities—To carry out the National Animal Disease Preparedness and Response Program, the Secretary shall offer to enter into cooperative agreements, or other legal instruments, with eligible entities, to be selected by the Secretary, which may include any of the following entities, either individually or in combination:

removed “(1) A State department of agriculture.

removed “(2) The office of the chief animal health official of a State.

removed “(3) A land-grant college or university or NLGCA Institution (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).

removed “(4) A college of veterinary medicine, including a veterinary emergency team at such college.

removed “(5) A State or national livestock producer organization with direct and significant economic interest in livestock production.

removed “(6) A State emergency agency.

removed “(7) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association.

removed “(8) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

removed “(9) A Federal agency.

removed “(c) Activities

removed “(1) Program activities—Activities under the National Animal Disease Preparedness and Response Program shall include, to the extent practicable, the following:

removed “(A) Enhancing animal pest and disease analysis and surveillance.

removed “(B) Expanding outreach and education.

removed “(C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum.

removed “(D) Enhancing and strengthening threat identification and technology.

removed “(E) Improving biosecurity.

removed “(F) Enhancing emergency preparedness and response capabilities, including training additional emergency response personnel.

removed “(G) Conducting technology development and enhancing electronic sharing of animal health data for risk analysis between State and Federal animal health officials.

removed “(H) Enhancing the development and effectiveness of animal health technologies to treat and prevent animal disease, including—

removed “(i) veterinary biologics and diagnostics;

removed “(ii) animal drugs for minor use and minor species; and

removed “(iii) animal medical devices.

removed “(I) Such other activities as determined appropriate by the Secretary, in consultation with eligible entities specified in subsection (b).

removed “(2) Priorities—In entering into cooperative agreements or other legal instruments under subsection (b), the Secretary shall give priority to applications submitted by—

removed “(A) a State department of agriculture or an office of the chief animal health official of a State; or

removed “(B) an eligible entity that will carry out program activities in a State or region—

removed “(i) in which an animal pest or disease is a Federal concern; or

removed “(ii) which the Secretary determines has potential for the spread of an animal pest or disease after taking into consideration—

removed “(I) the agricultural industries in the State or region;

removed “(II) factors contributing to animal disease or pest 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

removed “(III) the movement of animals in the State or region.

removed “(3) Consultation—For purposes of setting priorities under this subsection, the Secretary shall consult with eligible entities specified in subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultation carried out under this paragraph.

removed “(d) Application

removed “(1) In general—An eligible entity specified in subsection (b) seeking to enter into a cooperative agreement, or other legal instrument, under the National Animal Disease Preparedness and Response Program shall submit to the Secretary an application containing such information as the Secretary may require.

removed “(2) Notification—The Secretary shall notify each applicant of—

removed “(A) the requirements to be imposed on the recipient of funds under the Program for auditing of, and reporting on, the use of such funds; and

removed “(B) the criteria to be used to ensure activities supported using such funds are based on sound scientific data or thorough risk assessments.

removed “(3) Non-Federal contributions—When deciding whether to enter into an agreement or other legal instrument under the Program with an eligible entity described in subsection (b), the Secretary—

removed “(A) may take into consideration an eligible entity’s ability to contribute non-Federal funds to carry out such a cooperative agreement or other legal instrument under the Program; and

removed “(B) shall not require such an entity to make such a contribution.

removed “(e) Use of funds

removed “(1) Use consistent with terms of cooperative agreement—The recipient of funds under the National Animal Disease Preparedness and Response Program shall use the funds for the purposes and in the manner provided in the cooperative agreement, or other legal instrument, under which the funds are provided.

removed “(2) Sub-agreement—Nothing in this section prevents an eligible entity from using funds received under the Program to enter into sub-agreements with political subdivisions of State that have legal responsibilities relating to animal disease prevention, surveillance, or rapid response.

removed “(f) Reporting requirement—Not later than 90 days after the date of completion of an activity conducted using funds provided under the National Animal Disease Preparedness and Response Program, the recipient of such funds shall submit to the Secretary a report that describes the purposes and results of the activities.”

(1)
changed National Animal Health Vaccine Bank— The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is amended by inserting after section 10409B, redesignating paragraphs (6), (7), (8), (9), (10), and (11) as added by subsection (a), the following new section:paragraphs (7), (8), (10), (11), (12), and (13) respectively;
(2)
added by inserting after paragraph (5) the following:

added “(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.”

(3)
added by inserting after paragraph (8) (as so redesignated) the following:

added “(9) Hemp—The term hemp has the meaning given the term in section 297A of the Agricultural Marketing Act of 1946.”

removed “10409C. National Animal Health Vaccine Bank

removed “(a) Establishment—The Secretary shall establish a national vaccine bank (to be known as the “National Animal Health Vaccine Bank”) for the benefit of the domestic interests of the United States and to help protect the United States agriculture and food system against terrorist attack, major disaster, and other emergencies.

removed “(b) Elements of vaccine bank—Through the National Animal Health Vaccine Bank, the Secretary shall—

removed “(1) maintain sufficient quantities of animal vaccine, antiviral, therapeutic, or diagnostic products to appropriately and rapidly respond to an outbreak of those animal diseases that would have the most damaging effect on human health or the United States economy; and

removed “(2) leverage, when appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile of the Animal and Plant Health Inspection Service.

removed “(c) Priority for response to foot and mouth disease—The Secretary shall prioritize the acquisition of sufficient quantities of foot and mouth disease vaccine, and accompanying diagnostic products, for the National Animal Health Vaccine Bank. As part of such prioritization, the Secretary shall consider contracting with one or more entities that are capable of producing foot and mouth disease vaccine and that have surge production capacity of the vaccine.”

(c)
removed Funding—
(1)
removed In general— Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is amended by adding at the end the following new subsection:

removed “(d) Availability of funds for specified purposes

removed “(1) Mandatory funding

removed “(A) Fiscal year 2019—Of the funds of the Commodity Credit Corporation, the Secretary shall make available for fiscal year 2019 $250,000,000 to carry out sections 10409A, 10409B, and 10409C, of which—

removed “(i) $30,000,000 shall be made available to carry out the National Animal Health Laboratory Network under section 10409A;

removed “(ii) $70,000,000 shall be made available to carry out the National Animal Disease Preparedness and Response Program under section 10409B; and

removed “(iii) $150,000,000 shall be made available to establish and maintain the National Animal Health Vaccine Bank under section 10409C.

removed “(B) Subsequent fiscal years—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out sections 10409A, 10409B, and 10409C, $50,000,000 for each of fiscal years 2020 through 2023, of which not less than $30,000,000 shall be made available for each of those fiscal years to carry out the National Animal Disease Preparedness and Response Program under section 10409B.

removed “(2) Additional authorization of appropriations—In addition to the funds made available under subparagraphs (A)(i) and (B) of paragraph (1) and funds authorized to be appropriated by subsection (a), there are authorized to be appropriated $15,000,000 for each of fiscal years 2019 through 2023 to carry out the National Animal Health Laboratory Network under section 10409A.

removed “(3) Administrative costs—Of the funds made available under subparagraphs (A)(i), (A)(ii), and (B) of paragraph (1) to carry out the National Animal Health Laboratory Network under section 10409A and the National Animal Disease Preparedness and Response Program under section 10409B, not more than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary. Of the funds made available under subparagraphs (A)(ii) and (B) of such paragraph to carry out the National Animal Disease Preparedness and Response Program under section 10409B, not more than 10 percent may be retained by an eligible entity to pay administrative costs incurred by the eligible entity to carry out such program.

removed “(4) Duration of availability—Funds made available under this subsection, including any proceeds credited under paragraph (5), shall remain available until expended.

removed “(5) Proceeds from vaccine sales—Any proceeds of a sale of vaccine or antigen from the National Animal Health Vaccine Bank shall be—

removed “(A) deposited into the Treasury of the United States; and

removed “(B) credited to the account for the operation of the National Animal Health Vaccine Bank to be made available for expenditure without further appropriation.

removed “(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 National Animal Health 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.”

(2)
removed Conforming amendments—
(A)
removed Section heading— The heading of section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is amended to read as follows:

removed “10417. Funding”

(B)
removed Other amendments— Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is further amended—
(i)
removed in subsection (a), by striking “In General” and inserting “General Authorization of Appropriations”; and
(ii)
removed in subsection (c), by striking “to carry out this subtitle” and inserting “pursuant to the authorization of appropriations in subsection (a)”.
(3)
removed Repeal of separate authorization of National Animal Health Laboratory Network— Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A(d)) is amended by striking subsection (d).

Sec. 11102 Data collection

changed Section 11013(d) 506(h)(2) of the Food, Conservation, and Energy Federal Crop Insurance Act of 2008 (7 U.S.C. 8322(d)) 1506(h)(2)) is amended by striking “2018” and inserting “2023”.amended—

(1)
added by striking “The Corporation” and inserting the following:

added “(A) In general—The Corporation”

(2)
added by adding at the end the following:

added “(B) National Agricultural Statistics Service—Data collected by the National Agricultural Statistics Service, whether published or unpublished, shall be—

added “(i) provided in an aggregate form to the Corporation for the purpose of providing insurance under this subtitle; and

added “(ii) kept confidential by the Corporation in the same manner and to the same extent as is required under—

added “(I) section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276); and

added “(II) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).

added “(C) Noninsured Crop Disaster Assistance Program—In collecting data under this subsection, the Secretary shall ensure that—

added “(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

added “(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

changed Section 10504 506(h)(3) of the Farm Security and Rural Investment Federal Crop Insurance Act of 2002 (7 U.S.C. 8318) 1506(h)(3)) is amended—amended by inserting “applicants who have received payment under section 522(b)(2)(E),” after “divisions,”.

(1)
removed by inserting “and veterinary teams, including those based at colleges of veterinary medicine,” after “veterinarians”; and
(2)
removed by inserting before the period at the end the following: “and who are capable of providing effective services before, during, and after emergencies”.

Sec. 11104 Use of resources

changed Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Agriculture shall submit to the Secretary a report on the effectiveness Section 507(f) 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, as in effect on such date of enactment, including—Federal Crop Insurance Act (7 U.S.C. 1507(f)) is amended—

(1)
changed an evaluation of the effectiveness of the outreach conducted by the Food Safety striking paragraphs (3) and Inspection Service to small (4) and very small establishments;inserting the following:

added “(3) the Farm Service Agency, in assisting the Board in—

added “(A) the determination of individual producer yields;

added “(B) sharing information on beginning farmers and ranchers and veteran farmers and ranchers;

added “(C) investigating potential waste, fraud, or abuse;

added “(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

added “(E) serving as a local point of contact for the dissemination of information on risk management options available to farmers and ranchers; and

added “(4) other Federal agencies, in assisting the Board in any way the Board determines is necessary in carrying out this subtitle.”

(2)
changed an evaluation of the effectiveness of the guidance materials and other tools used in paragraph (2), by the Food Safety and Inspection Service to assist small striking “(2) the” and very small establishments;inserting the following:

added “(2) the”

(3)
changed an evaluation of by striking “(f) The Board” in the responsiveness of Food Safety and Inspection Service personnel to inquiries matter preceding paragraph (1) and issues from small all that follows through the semicolon at the end of paragraph (1) and very small establishments; andinserting the following:

added “(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—

added “(1) the Natural Resources Conservation Service, in assisting the Board in—

added “(A) the classification of land as to risk and production capability; and

added “(B) the consideration of acceptable conservation practices, including good farming practices with respect to conservation (such as cover crop termination);”

(4)
removed 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. 11105 Specialty crops

(a)
changed In general—Specialty crops coordinator— The Secretary shall establish not more than three 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 carcass beef graders Section 507(g) of the Agricultural Marketing Service, cattle producers, and other professionals involved in the reporting, delivery, and grading of feeder cattle, live cattle, and carcasses—Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended—
(1)
changed to limit by striking the subjectivity subsection designation and all that follows through “The Corporation” in paragraph (1) and inserting the application of beef grading standards;following:

added “(g) Specialty Crops Coordinator

added “(1) In general—The Corporation”

(2)
changed to provide producers with greater confidence in by adding at the price of end the producers’ cattle; andfollowing:

added “(4) Specialty crop liaisons—The Specialty Crops Coordinator shall—

added “(A) designate a Specialty Crops Liaison in each regional field office; and

added “(B) share the contact information of the Specialty Crops Liaisons with specialty crop producers.

added “(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.”

(3)
removed to provide investors with both long and short positions more assurance in the cattle delivery system.
(b)
changed Location—Addition of specialty crops and other value-added crops— 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.Section 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(6)) is amended—
(1)
added in the paragraph heading, by adding at the end the following: “(including value-added crops)”;
(2)
added by striking subparagraph (A) and inserting the following:

added “(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:

added “(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.

added “(ii) Expansion of an existing policy or plan of insurance to additional counties or States, including malting barley endorsements or contract options.

added “(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)
added in subparagraph (B), in the subparagraph heading, by striking “Addition of new crops” and inserting “Report”; and
(4)
added by striking subparagraphs (C) and (D).
(c)
removed 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)
removed Training program— The Centers shall offer intensive instructional programs involving classroom and field training work for individuals described in subsection (a).
(e)
removed 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)
removed 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.
(g)
removed Effective date— This section shall take effect on October 1, 2018.

Sec. 11201 Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers

removed

removed Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)) is amended—

(1)
removed in subparagraph (A)—
(A)
removed in the heading, by striking “2018” and inserting “2023”; and
(B)
removed in clause (iii), by striking “2018” and inserting “2023”;
(2)
removed by redesignating subparagraph (E) as subparagraph (F);
(3)
removed by inserting after subparagraph (D) the following new subparagraph:

removed “(E) Priority—In making grants and entering into contracts and other agreements under this section, the Secretary shall give priority to projects that—

removed “(i) deliver agricultural education to youth under the age of 18 in underserved and underrepresented communities;

removed “(ii) provide youth under the age of 18 with agricultural employment or volunteer opportunities, or both; and

removed “(iii) demonstrate experience in providing such education or opportunities to socially disadvantaged youth.”

(4)
removed in subparagraph (F), as so redesignated, by striking “2018” and inserting “2023”.

Sec. 11202 State beginning farmer and rancher coordinator

removed

removed Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended by adding at the end the following new subsection:

removed “(i) State beginning farmer and rancher coordinator

removed “(1) In general—The Secretary shall designate a State beginning farmer and rancher coordinator from among existing employees of the Farm Service Agency, the Natural Resources Conservation Service, the Risk Management Agency, the Rural Business-Cooperative Service, and the Rural Utilities Service.

removed “(2) Training—The Agency shall coordinate the development of a training plan so that each State coordinator shall receive sufficient training to have a general working knowledge of the programs and services available from each agency of the Department to assist beginning farmers and ranchers and be familiar with issues relating to beginning farmers and ranchers.

removed “(3) Duties—The coordinator shall—

removed “(A) coordinate technical assistance at the State level to help beginning farmers and ranchers gain access to programs of the Department;

removed “(B) work with outreach coordinators in the State offices of the Farm Service Agency, the Natural Resources Conservation Service, the Risk Management Agency, the Rural Business-Cooperative Service, and the Rural Utilities Service to ensure appropriate information about technical assistance is available at outreach events and activities; and

removed “(C) work with the Office of Partnerships and Public Engagement and regional, state, and local offices of the Department to facilitate partnerships and joint outreach efforts with State regional, state, and local organizations and key stakeholders serving beginning farmers and ranchers through contracts and cooperative agreements.”

Sec. 11203 Office of Partnerships and Public Engagement

removed
(a)
removed Changing name of office—
(1)
removed In general— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended—
(A)
removed in the section heading, by striking “Advocacy and Outreach” and inserting “Partnerships and Public Engagement”;
(B)
removed by striking “Advocacy and Outreach” each place it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and inserting “Partnerships and Public Engagement”;
(2)
removed 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 other provision of Federal law shall be deemed to be a reference to the Office of Partnerships and Public Engagement.
(b)
removed 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)
removed in subsection (b)(1)—
(A)
removed in subparagraph (A), by striking “and” at the end;
(B)
removed in subparagraph (B)—
(i)
removed in clause (ii), by striking “and” at the end;
(ii)
removed in clause (iii), by striking the period at the end and inserting “; and”; and
(iii)
removed by adding at the end the following new clauses:

removed “(iv) limited resource producers;

removed “(v) veteran farmers and ranchers; and

removed “(vi) Tribal farmers and ranchers; and”

(C)
removed by adding at the end the following new subparagraph:

removed “(C) to promote youth outreach.”

(2)
removed in subsection (c)—
(A)
removed in the matter preceding paragraph (1), by inserting “veteran farmers and ranchers, Tribal farmers and ranchers,” after “beginning farmers or ranchers,”;
(B)
removed in paragraph (1), by striking “or socially disadvantaged” and inserting “socially disadvantaged, veteran, or Tribal”; and
(C)
removed in paragraph (5), by inserting “veteran farmers or ranchers, Tribal farmers or ranchers,” after “beginning farmers or ranchers,”.
(c)
removed 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. 11204 Office of tribal relations

removed

removed Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended to read as follows:

removed “309. Office of tribal relations

removed “(a) Establishment—The Secretary shall maintain in the Office of Partnerships and Public Engagement established under section 226B an Office of Tribal Relations, which shall advise the Secretary on policies related to Indian tribes and carry out such other functions as the Secretary considers appropriate.

removed “(b) New Beginnings Initiative—Not later than one year after the date of the enactment of the Agriculture and Nutrition Act of 2018, the Secretary shall establish, in consultation with the Office of Tribal Relations, an initiative (to be known as the “New Beginnings Initiative”) under which the Secretary shall provide funds to a land-grant college or university in an amount equal to the amount of funds such land-grant college or university expends for providing educational programs and services for, or tuition paid with respect to, Indians (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) at such land-grant college or university.”

Sec. 11205 Commission on Farm Transitions—Needs for 2050

removed
(a)
removed 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)
removed 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)
removed access to, and availability of—
(A)
removed quality land and necessary infrastructure;
(B)
removed affordable credit; and
(C)
removed adequate risk management tools;
(2)
removed agricultural asset transfer strategies in use as of the date of the enactment of this Act and improvements to such strategies;
(3)
removed incentives that may facilitate agricultural asset transfers to the next generation of farmers and ranchers, including recommendations for new Federal tax policies to facilitate lifetime and estate transfers;
(4)
removed the causes of the failures of such transitions, if any; and
(5)
removed the status 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 modernization of such programs.
(c)
removed Membership—
(1)
removed Composition— The Commission shall be composed of 10 members as follows:
(A)
removed 3 members appointed by the Secretary.
(B)
removed 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(C)
removed 3 members appointed by the Committee on Agriculture of the House of Representatives.
(D)
removed The Chief Economist of the Department of Agriculture.
(2)
removed 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)
removed Date of appointments— The appointment of a member of the Commission shall be made not later than 60 days after the date of enactment of this Act.
(4)
removed Term; vacancies—
(A)
removed Term— A member shall be appointed for the life of the Commission.
(B)
removed Vacancies— A vacancy on the Commission—
(i)
removed shall not affect the powers of the Commission; and
(ii)
removed shall be filled in the same manner as the original appointment was made.
(5)
removed 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)
removed 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)
removed Chairperson— The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission.
(f)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed Compensation of members—
(1)
removed 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)
removed 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)
removed 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)
removed Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding of the Commission.

Sec. 11206 Agricultural youth organization coordinator

removed

removed Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 220 (7 U.S.C. 6920) the following new section:

removed “221. Agricultural youth organization coordinator

removed “(a) Authorization—The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator.

removed “(b) Duties—The Agricultural Youth Organization Coordinator shall—

removed “(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;

removed “(2) work to help build awareness of the reach and importance of agriculture, across a diversity of fields and disciplines;

removed “(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;

removed “(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;

removed “(5) provide information to young farmers concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs;

removed “(6) serve as a resource for assisting young farmers in applying for participation in agricultural programs; and

removed “(7) advocate on behalf of young farmers in interactions with employees of the Department.

removed “(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—

removed “(1) the conduct of regional research on the profitability of small farms;

removed “(2) the development of educational materials;

removed “(3) the conduct of workshops, courses, and certified vocational training;

removed “(4) the conduct of mentoring activities; or

removed “(5) the provision of internship opportunities.”

Sec. 11301 Repeal of Pima Agriculture Cotton Trust Fund

removed

removed Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law 113–79) is amended by striking section 12314 (and by conforming the items relating to such section in the table of sections accordingly).

Sec. 11302 Repeal of Agriculture Wool Apparel Manufacturers Trust Fund

removed

removed Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law 113–79) is amended by striking section 12315 (and by conforming the items relating to such section in the table of sections accordingly).

Sec. 11303 Repeal of wool research and promotion grants funding

removed

removed Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law 113–79) is amended by striking section 12316 (and by conforming the items relating to such section in the table of sections accordingly).

Sec. 11304 Textile Trust Fund

removed
(a)
removed Establishment— There is established in the Treasury of the United States a trust fund, to be known as the “Textile Trust Fund”, consisting of such amounts as may be transferred to the Textile Trust Fund pursuant to subsection (e), and to be used for the purposes of—
(1)
removed reducing the injury to domestic manufacturers resulting from tariffs on cotton fabric that are higher than tariffs on certain apparel articles made of cotton fabric;
(2)
removed reducing the injury to domestic manufacturers resulting from tariffs on wool products that are higher than tariffs on certain apparel articles made of wool products; and
(3)
removed wool research and promotion.
(b)
removed Distribution of funds— From amounts in the Textile Trust Fund, the Secretary shall make payments annually, beginning in calendar year 2019, for each of calendar years 2019 through 2023 as follows:
(1)
removed Pima cotton— From amounts specified in subsection (e)(2)(A), the Secretary shall make payments as follows:
(A)
removed Twenty-five percent of such amounts for a calendar year shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods.
(B)
removed Twenty-five percent of such amounts for a calendar year shall be paid to yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as—
(i)
removed the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the previous calendar year (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)(1)); bears to
(ii)
removed the production of the yarns described in clause (i) during the previous calendar year for all spinners who qualify under this subparagraph.
(C)
removed Fifty percent of such amounts for a calendar year shall be paid to manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the previous calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as—
(i)
removed the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (c)(2)) used in the manufacturing of men’s and boys’ cotton shirts; bears to
(ii)
removed the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during the previous calendar year by all manufacturers who qualify under this subparagraph.
(2)
removed Wool manufacturers— From amounts specified in subsection (e)(2)(B), the Secretary shall make payments as follows:
(A)
removed To each eligible manufacturer under paragraph (3) of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 (Public Law 108–429; 118 Stat. 2600), as amended by section 1633(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 (Public Law 109–280; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343; 122 Stat. 3875), and any successor-in-interest to such a manufacturer as provided for under paragraph (4) of such section 4002(c), that submits an affidavit in accordance with subsection (c)(3) for the year of the payment for calendar years 2019 through 2023, payments in amounts authorized under that paragraph.
(B)
removed To each eligible manufacturer under paragraph (6) of such section 4002(c) for calendar years 2019 through 2023, payments in amounts authorized under that paragraph.
(c)
removed Affidavits—
(1)
removed Yarn Spinners— The affidavit required by subsection (b)(1)(B)(i) for a calendar year is a notarized affidavit provided by an officer of a producer of ring spun yarns that affirms—
(A)
removed that the producer used pima cotton during the year in which the affidavit is filed and during the previous calendar year to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form;
(B)
removed the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year; and
(C)
removed that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year.
(2)
removed Shirting Manufacturers—
(A)
removed In general— The affidavit required by subsection (b)(1)(C)(i) for a calendar year is a notarized affidavit provided by an officer of a manufacturer of men’s and boys’ shirts that affirms—
(i)
removed that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the previous calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States;
(ii)
removed the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year;
(iii)
removed that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and
(iv)
removed that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts.
(B)
removed Date of purchase— For purposes of the affidavit under subparagraph (A), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs.
(3)
removed Filing date for affidavits— Any person required to provide an affidavit under this section shall file the affidavit with the Secretary or as directed by the Secretary for any of calendar years 2019 through 2023, not later than March 15 of that calendar year.
(4)
removed Increase in payments to wool manufacturers in case of expiration of duty suspensions—
(A)
removed In general— In any calendar year in which the suspension of duty on wool products described in subparagraphs (B) and (C) is not in effect, the amount of any payment described in subsection (b)(2) to a manufacturer or successor-in-interest shall be increased by an amount the Secretary, after consultation with the Secretary of Commerce, determines is equal to the amount the manufacturer or successor-in-interest would have saved during the calendar year of the payment if the suspension of duty on such wool products were in effect.
(B)
removed Special rule for certain fabrics of worsted wool—
(i)
removed In general— With respect to fabrics of worsted wool described in clause (ii), subparagraph (A) shall be applied by substituting “rate of duty on such wool products was 10 percent” for “suspension of duty on such wool products were in effect”.
(ii)
removed Fabrics of worsted wool described— Fabrics of worsted wool described in this paragraph are fabrics of worsted wool—
(I)
removed with average fiber diameters greater than 18.5 micron; and
(II)
removed containing 85 percent or more by weight of wool.
(C)
removed Covered wool products— Subparagraph (A) applies with respect to the following:
(i)
removed Yarn, of combed wool, not put up for retail sale, containing 85 percent or more by weight of wool, formed with wool fibers having average diameters of 18.5 micron or less.
(ii)
removed Wool fiber, waste, garnetted stock, combed wool, or wool top, the foregoing having average fiber diameters of 18.5 micron or less.
(iii)
removed Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys’ suits, suit-type jackets, or trousers and must be imported for the benefit of persons who cut and sew such clothing in the United States.
(iv)
removed Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys’ suits, suit-type jackets, or trousers and must be imported for the benefit of persons who weave worsted wool fabric suitable for use in such clothing in the United States.
(D)
removed No appeal of determinations— A determination of the Secretary under this paragraph shall be final and not subject to appeal or protest.
(d)
removed Timing for distributions— The Secretary shall make a payment under subsection (b) for each of calendar years 2019 through 2023, not later than April 15 of the year of the payment.
(e)
removed Funding—
(1)
removed Transfer required— Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Textile Trust Fund $25,250,000 for each of calendar years 2019 through 2023.
(2)
removed Allocation of funds— Of the funds transferred under paragraph (1) for a calendar year—
(A)
removed $8,000,000 shall be available for distribution under subsection (b)(1);
(B)
removed $15,000,000 shall be available for distribution under subsection (b)(2); and
(C)
removed notwithstanding subsection (f) of section 506 of the Trade and Development Act of 2000 (7 U.S.C. 7101 note; Public Law 106–200), $2,250,000 shall be available to provide grants described in subsection (d) of such section.
(3)
removed Sheep production and marketing— In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out section 209 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a), $2,000,000 for fiscal year 2019, to remain available until expended.
(4)
removed Duration of availability— Amounts transferred to the Textile Trust Fund pursuant to this subsection shall remain available until expended.

Sec. 11401 Restoring certain exceptions to United States Grain Standards Act

removed
(a)
removed In general— Grain handling facilities described in subsection (b) may, on or before the date that is 180 days after the date of the enactment of this Act, restore a prior exception with an official agency designated under the rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” published by the Department of Agriculture in the Federal Register on April 18, 2003 (68 Fed. Reg. 19137) if—
(1)
removed such grain handling facility and official agency agree to restore such prior exception; and
(2)
removed such grain handling facility notifies the Secretary of Agriculture of—
(A)
removed the exception described in paragraph (1); and
(B)
removed the effective date of such exception.
(b)
removed Eligible grain handling facilities— Subsection (a) shall apply with respect to grain handling facilities that were—
(1)
removed granted exceptions pursuant to the rule specified in subsection (a); and
(2)
removed had such exceptions revoked on or after September 30, 2015.
(c)
removed No unilateral termination allowed— Beginning on the date of the enactment of this Act, a nonuse of service exception may only be terminated if two or more parties to such exception, including the grain handling facility, are in joint agreement with respect to such termination.

Sec. 11501 Eligible crops

removed

removed Section 196(a)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)) is amended by striking subparagraph (A) and inserting the following new subparagraph:

removed “(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.”

Sec. 11502 Service fee

removed

removed Section 196(k)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(k)(1)) is amended—

(1)
removed in subparagraph (A), by striking “$250” and inserting “$350”; and
(2)
removed in subparagraph (B)—
(A)
removed by striking “$750” and inserting “$1,050”; and
(B)
removed by striking “$1,875” and inserting “$2,100”.

Sec. 11503 Payments equivalent to additional coverage

removed
(a)
removed Premiums— Section 196(l)(2)(B)(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(l)(2)(B)(i)) is amended—
(1)
removed by striking “and” at the end of subclause (IV);
(2)
removed by striking “or” at the end of subclause (V) and inserting “and”; and
(3)
removed by adding at the end the following new subclause:

removed “(VI) the producer’s share of the crop; or”

(b)
removed Additional availability of coverage— Section 196(l) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(l)) is amended—
(1)
removed by striking paragraph (3); and
(2)
removed by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(c)
removed Period of availability— Paragraph (4) of section 196(l) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(l)), as redesignated by subsection (b)(2), is amended—
(1)
removed by striking “Except as provided in paragraph (3)(A), additional” and inserting “Additional”; and
(2)
removed by striking “2018” and inserting “2023”.

Sec. 11601 Under Secretary of Agriculture for Farm Production and Conservation

removed
(a)
removed References to former Under Secretary of Agriculture for Farm and Foreign Agricultural Services—
(1)
removed Food aid consultative group— Section 205(b) of the Food for Peace Act (7 U.S.C. 1725(b)) is amended by striking paragraph (2) and inserting the following new paragraph:

removed “(2) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs;”

(2)
removed 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”.
(3)
removed 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 Trade and Foreign Agricultural Affairs”.
(4)
removed 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 for Farm and Foreign Agricultural Services” and inserting “Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs”.
(b)
removed References to other designated department officials—
(1)
removed Definitions under Consolidated Farm and Rural Development Act— Section 343(a)(13)(D) of the Agricultural Act of 1961 (7 U.S.C. 1991(a)(13)(D)) is amended—
(A)
removed in clause (ii)—
(i)
removed by inserting “(or other official designated by the Secretary)” after “Under Secretary for Rural Development”; and
(ii)
removed by inserting “or designated official” after “Under Secretary” each other place it appears; and
(B)
removed in clause (iii)—
(i)
removed by inserting “(or other official designated by the Secretary)” after “Under Secretary for Rural Development”; and
(ii)
removed in subclauses (III) and (IV), by inserting “or designated official” after “Under Secretary” both places it appears.
(2)
removed National sheep industry improvement center— Section 210(f)(3)(B)(i) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627b(f)(3)(B)(i)) is amended by inserting “(or other official designated by the Secretary of Agriculture)” after “Under Secretary of Agriculture for Rural Development”.
(3)
removed Intertribal tourism demonstration projects— Section 6(a)(2)(A) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4305(a)(2)(A)) is amended by inserting “(or other official designated by the Secretary of Agriculture)” after “Under Secretary of Agriculture for Rural Development”.
(4)
removed State plans for vocational rehabilitation services— Section 101(a)(11)(C) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(C)) is amended by inserting “(or other official designated by the Secretary of Agriculture)” after “Under Secretary for Rural Development of the Department of Agriculture”.

Sec. 11602 Authority of Secretary to carry out certain programs under Department of Agriculture Reorganization Act of 1994

removed

removed Section 296(b)(8) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(8)) is amended by inserting “, section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018, or the Agriculture and Nutrition Act of 2018” before the period at the end.

Sec. 11603 Conference report requirement threshold

removed

removed Section 14208(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 “$75,000”.

Sec. 11604 National agriculture imagery program

removed
(a)
removed 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)
removed Data— The aerial imagery acquired under this section shall—
(1)
removed consist of high resolution processed digital imagery;
(2)
removed be made available in a format that can be provided to Federal, State, and private sector entities;
(3)
removed be technologically compatible with geospatial information technology; and
(4)
removed be consistent with the standards established by the Federal Geographic Data Committee.
(c)
removed Supplemental satellite imagery— The Secretary of Agriculture may supplement the aerial imagery collected under this section with satellite imagery.
(d)
removed 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. 11605 Report on inclusion of natural stone products in Commodity Promotion, Research, and Information Act of 1996

removed

removed 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 a report examining the effect the establishment of a Natural Stone Research and Promotion Board pursuant to the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7401 et seq.) would have on the natural stone industry, including how such a program would effect—

(1)
removed research conducted on, and the promotion of, natural stone;
(2)
removed the development and expansion of domestic markets for natural stone;
(3)
removed economic activity of the natural stone industry subject to such a Board;
(4)
removed economic development in rural areas; and
(5)
removed benefits to consumers in the United States of natural stone products.

Sec. 11606 South Carolina inclusion in Virginia/Carolina peanut producing region

removed

removed Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking “Virginia and North Carolina” and inserting “Virginia, North Carolina, and South Carolina”.

Sec. 11607 Establishment of Food Loss and Waste Reduction Liaison

removed

removed Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by section 11204, is further amended by adding at the end the following:

removed “222. Food Loss and Waste Reduction Liaison

removed “(a) Establishment—The Secretary shall establish within the Office of the Secretary a Food Loss and Waste Reduction Liaison to coordinate Federal programs to measure and reduce the incidence of food loss and waste in accordance with this section.

removed “(b) Duties—The Food Loss and Waste Reduction Liaison shall—

removed “(1) coordinate food loss and waste reduction efforts with other Federal agencies, including the Environmental Protection Agency and the Food and Drug Administration;

removed “(2) support and promote Federal programs to measure and reduce the incidence of food loss and waste and increase food recovery;

removed “(3) provide information to, and serve as a resource for, entities engaged in food loss and waste reduction and food recovery concerning the availability of, and eligibility requirements for, participation in Federal programs;

removed “(4) raise awareness of the liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) to persons engaged in food loss and waste reduction and food recovery; and

removed “(5) make recommendations with respect to expanding food recovery efforts and reducing the incidence of food loss and waste.

removed “(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—

removed “(1) the development of educational materials;

removed “(2) the conduct of workshops and courses; or

removed “(3) the conduct of research on best practices with respect to food loss and waste reduction and food recovery.”

Sec. 11608 Establishment of Food Access Liaison

removed
(a)
removed In general— Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by sections 11204 and 11607, is amended by adding at the end the following:

removed “223. Food Access Liaison

removed “(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.

removed “(b) Duties—The Food Access Liaison shall—

removed “(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;

removed “(2) provide outreach to entities engaged in activities to reduce barriers to food access in accordance with the statutory authorization for each program;

removed “(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;

removed “(4) raise awareness of food access issues in interactions with employees of the Department;

removed “(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and

removed “(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.”

(b)
removed 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. 11609 Cotton classification services

removed

removed Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended—

(1)
removed by redesignating subsection (g) as subsection (h); and
(2)
removed by inserting after subsection (f) the following new subsection:

removed “(g) Hiring authority—Notwithstanding any other provision of law, employees hired to provide cotton classification services pursuant to this section may work up to 240 calendar days in a service year and may be rehired non-competitively every year in the same or a successor position if they meet performance and conduct expectations, as determined by the Secretary.”

Sec. 11610 Century farms program

removed

removed The Secretary shall establish a program under which the Secretary recognizes any farm that—

(1)
removed a State department of agriculture or similar statewide agricultural organization recognizes as a Century Farm; or
(2)
removed
(A)
removed 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)
removed has been in continuous operation for at least 100 years; and
(C)
removed 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. 11611 Report on agricultural innovation

removed
(a)
removed In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of the Food and Drug Administration, shall prepare and submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on plans for improving the Federal government’s policies and procedures with respect to gene editing and other precision plant breeding methods.
(b)
removed Content— The report under subsection (a) shall include plans to implement measures designed to ensure that—
(1)
removed the United States continues to provide a favorable environment for research and development in precision plant breeding innovation and maintains its leadership with respect to that innovation;
(2)
removed for plants for which premarket review is required under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), or the Federal Food, Drug, and Cosmetic Act, the process for such review is designed—
(A)
removed to minimize regulatory burden while assuring protection of public health and welfare; and
(B)
removed to ensure that resources of the Department of Agriculture are focused on plants with less familiar characteristics, more complex risk pathways, or both;
(3)
removed each agency referred to in subsection (a) recognizes that certain applications of gene editing in plants do not warrant such a premarket review process;
(4)
removed each agency referred to in subsection (a) clearly communicates the rationale for the regulatory policies and decisions of such agency to the public through broadly available and easily accessible tools;
(5)
removed categories of plants that are familiar and have a history of safe use be identified and exempted from such premarket review or be subject to an expedited, independent premarket review process for which data requirements are reduced;
(6)
removed regulatory processes of each agency referred to in subsection (a) are predictable, efficient, not duplicative, and designed to accommodate rapid advances in plant breeding technology; and
(7)
removed where Federal law provides for regulatory oversight of plant breeding technology by more than one Federal agency, the relevant Federal agencies enter into appropriate interagency agreements to shift responsibility for particular categories of plant products and regulatory activities for purposes of meeting the goals specified in paragraphs (1) through (6).

Sec. 11612 Report on dog importation

removed

removed Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains the following information, with respect to the importation of dogs into the United States:

(1)
removed An estimate of the number of dogs so imported each year.
(2)
removed The number of dogs so imported for resale.
(3)
removed The number of dogs for which such importation for resale was requested but denied because such importation failed to meet the requirements of section 18 of the Animal Welfare Act (7 U.S.C. 2148).
(4)
removed The Secretary’s recommendations for Federal statutory changes determined to be necessary for such importation for resale to meet the requirements of such section.

Sec. 11613 Prohibition on slaughter of dogs and cats for human consumption

removed

removed The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following new section:

removed “30. Prohibition of slaughter of dogs and cats for human consumption

removed “(a) Prohibition—No person may—

removed “(1) knowingly slaughter a dog or cat for human consumption; or

removed “(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate—

removed “(A) a dog or cat to be slaughtered for human consumption; or

removed “(B) dog or cat parts for human consumption.

removed “(b) Penalty—Any person who violates this section shall be subject to imprisonment for not more than 1 year, or a fine of not more than $2,500, or both.

removed “(c) Scope—Subsection (a) shall apply only with respect to conduct in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

removed “(d) Conflict with State law—This section shall not be construed to limit any State or local law or regulations protecting the welfare of animals or to prevent a State or local governing body from adopting and enforcing animal welfare laws and regulations that are more stringent than this section.”

Sec. 11614 Consideration of the totality of conservation measures

removed

removed Section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(3)) is amended by adding at the end the following:

removed “(C) In determining whether a Federal agency action is likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of the critical habitat of a species, the Secretary shall consider the offsetting effects of all avoidance, minimization, and other species-protection or conservation measures that are already in place or proposed to be implemented as part of the action, including the development, improvement, protection, or management of species habitat whether or not it is designated as critical habitat of such species.”

Sec. 11615 Depredation permits for black vultures

removed
(a)
removed In general— The Secretary of the Interior, in conjunction with the Director of the United States Fish and Wildlife Service, may issue depredation permits to livestock farmers, authorizing takings of black vultures otherwise prohibited by Federal law to prevent such vultures from taking livestock during the calving season.
(b)
removed Limited to affected States or regions— The Secretary may issue such permits only to livestock farmers in States and regions in which livestock farmers are affected by black vultures, as determined by Secretary in conjunction with the Director.
(c)
removed Reporting— The Secretary shall require, as a condition of such a permit, that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures under the permit.

Sec. 11616 Extending prohibition on animal fighting to the territories

removed
(a)
removed In general— Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—
(1)
removed in subsection (a)—
(A)
removed in paragraph (1), by striking “Except as provided in paragraph (3), it” and inserting “It”; and
(B)
removed by striking paragraph (3);
(2)
removed by striking subsection (d); and
(3)
removed by redesignating subsections (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), and (i), respectively.
(b)
removed 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)
removed 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)
removed Enforcement of animal fighting prohibitions— Section 49(a) of title 18, United States Code, is amended by striking “(e)” and inserting “(d)”.

Sec. 11617 Waters of the United States rule

removed

removed The final rule issued by the Administrator of the Environmental Protection Agency and the Secretary of the Army entitled “Clean Water Rule: Definition of “Waters of the United States””, published on June 29, 2015 (80 Fed. Reg. 37054), is repealed, and any regulation or policy revised under, or otherwise affected as a result of, that rule shall be applied as if that rule had not been issued.

Sec. 11701 Prohibition against interference by State and local governments with production or manufacture of items in other States

removed
(a)
removed In general— Consistent with article I, section 8, clause 3 of the Constitution of the United States, the government of a State or locality therein shall not impose a standard or condition on the production or manufacture of any agricultural product sold or offered for sale in interstate commerce if—
(1)
removed such production or manufacture occurs in another State; and
(2)
removed the standard or condition is in addition to the standards and conditions applicable to such production or manufacture pursuant to—
(A)
removed Federal law; and
(B)
removed the laws of the State and locality in which such production or manufacture occurs.
(b)
removed Agricultural product defined— In this section, the term agricultural product has the meaning given such term in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).

Sec. 11702 Federal cause of action to challenge State regulation of interstate commerce

removed
(a)
removed Private right of action— A person, including a producer, transporter, distributer, consumer, laborer, trade association, the Federal Government, a State government, or a unit of local government, which is affected by a regulation of a State or unit of local government which regulates any aspect of an agricultural product, including any aspect of the method of production, which is sold in interstate commerce, or any means or instrumentality through which such an agriculture product is sold in interstate commerce, may bring an action in the appropriate court to invalidate such a regulation and seek damages for economic loss resulting from such regulation.
(b)
removed Preliminary injunction— Upon a motion of the plaintiff, the court shall issue a preliminary injunction to preclude the State or unit of local government from enforcing the regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that—
(1)
removed the State or unit of local government is likely to prevail on the merits at trial; and
(2)
removed the injunction would cause irreparable harm to the State or unit of local government.
(c)
removed Statute of limitations— No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose.

Sec. 11106 Insurance period

added

added 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

added

added Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)) is amended—

(1)
added in paragraph (3)(B), in the subparagraph heading, by inserting “determination review” after “practices”; and
(2)
added by adding at the end the following:

added “(11) Cover crops

added “(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).

added “(B) Termination

added “(i) In general—The termination of a cover crop shall be carried out according to—

added “(I) guidelines established by the Secretary; or

added “(II) an exception to the guidelines approved under clause (ii).

added “(ii) Exception to guidelines—The Corporation shall approve an exception to the guidelines under clause (i)(I) if that exception is recommended by—

added “(I) the Natural Resources Conservation Service; or

added “(II) an agricultural expert, as determined by the Corporation, unless the exception is determined to be unreasonable by the Corporation.

added “(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).

added “(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

added

added Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(7)) is amended—

(1)
added in the paragraph heading, by inserting “and underserved producers” after “states”;
(2)
added in subparagraph (A)—
(A)
added by striking the designation and heading and all that follows through “the term” and inserting the following:

added “(A) Definitions—In this paragraph:

added “(i) Adequately served—The term”

(B)
added in clause (i) (as so designated), by striking “participation rate” and inserting “participation rate, by crop,”; and
(C)
added by adding at the end the following:

added “(ii) Underserved producer—The term underserved producer means an individual (including a member of an Indian Tribe) that is—

added “(I) a beginning farmer or rancher;

added “(II) a veteran farmer or rancher; or

added “(III) a socially disadvantaged farmer or rancher.”

(3)
added in subparagraph (B)—
(A)
added by striking “The Board” and inserting “Using resources and information available to the Board or the Secretary, the Board”; and
(B)
added by striking “subtitle” and inserting “subtitle, including policies and plans of insurance for underserved producers,”; and
(4)
added by striking subparagraph (C) and inserting the following:

added “(C) Report

added “(i) In general—Not later than 30 days after completion of the review under subparagraph (B), and not less frequently than once every 3 years thereafter, the Board shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review.

added “(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

added
(a)
added 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)
added by striking “(A) In general.—Except as provided in subparagraph (B), the” and inserting “The”; and
(2)
added by striking subparagraph (B).
(b)
added 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:

added “508D. Coverage for forage and grazing

added “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

added

added 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

added

added 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:

added “(E) Enterprise units across county lines—The Corporation may allow a producer to establish a single enterprise unit by combining an enterprise unit with—

added “(i) 1 or more other enterprise units in 1 or more other counties; or

added “(ii) all basic units and all optional units in 1 or more other counties.”

Sec. 11112 Continued authority

added

added 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:

added “(6) Continued authority

added “(A) In general—The Corporation shall establish—

added “(i) underwriting rules that limit the decrease in the actual production history of a producer, at the election of the producer, to not more than 10 percent of the actual production history of the previous crop year provided that the production decline was the result of drought, flood, natural disaster, or other insurable loss (as determined by the Corporation); and

added “(ii) actuarially sound premiums to cover additional risk.

added “(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.

added “(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

added

added Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended—

(1)
added in paragraph (1)(B)—
(A)
added by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(B)
added in the matter preceding subclause (I) (as so redesignated), by striking “The Corporation shall” and inserting the following:

added “(i) In general—The Corporation shall”

(C)
added in clause (i)(I) (as so redesignated), by inserting “subject to clause (ii),” before “will likely”; and
(D)
added by adding at the end the following:

added “(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.”

(2)
added in paragraph (3)(C)—
(A)
added in clause (ii), by striking “and” at the end;
(B)
added in clause (iii), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(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

added

added Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)(2)(A)) is amended—

(1)
added by striking “During the” and inserting the following:

added “(i) First 4 crop years—During the”

(2)
added 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)
added by adding at the end the following:

added “(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—

added “(I) during the first 10 years after initial tillage; and

added “(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

added

added Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—

(1)
added in subsection (d)(1)—
(A)
added in subparagraph (B), by striking “and” at the end;
(B)
added in subparagraph (C), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(D) using published aggregate data from the National Agricultural Statistics Service or any other data source to—

added “(i) detect yield disparities or other data anomalies that indicate potential fraud; and

added “(ii) target the relevant counties, crops, regions, companies, or agents associated with that potential fraud for audits and other enforcement actions.”

(2)
added in subsection (f)(2)(A), by striking “pursuant to” each place it appears and inserting “under”.

Sec. 11116 Submission of information to corporation

added

added Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 1515(g)) is amended—

(1)
added in paragraph (1), by adding at the end the following:

added “(D) The actual production history to be used to establish insurable yields.”

(2)
added in paragraph (2)—
(A)
added by striking “The information required by paragraph (1)” and inserting the following:

added “(A) In general—The information required to be submitted under subparagraphs (A) through (C) of paragraph (1)”

(B)
added by adding at the end the following:

added “(B) Actual production history

added “(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.

added “(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

added

added Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—

(1)
added by redesignating subsection (k) as subsection (l); and
(2)
added by inserting after subsection (j) the following:

added “(k) Continuing education for loss adjusters and agents

added “(1) In general—The Corporation shall establish requirements for continuing education for loss adjusters and agents of approved insurance providers.

added “(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—

added “(A) the policies and plans of insurance available under this Act, including the regulations promulgated to carry out this Act;

added “(B) efforts to promote program integrity through the elimination of waste, fraud, and abuse; and

added “(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

added

added 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

added

added 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

added
(a)
added In general— Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—
(1)
added in paragraph (1), by amending subparagraph (B) to read as follows:

added “(B) Reimbursement

added “(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.

added “(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—

added “(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

added “(II) other actual documented costs incurred by the applicant.”

(2)
added in paragraph (4)—
(A)
added in subparagraph (C), by striking “approved insurance provider” and inserting “applicant”; and
(B)
added in subparagraph (D)—
(i)
added in clause (i), by striking “determined by the approved insurance provider” and inserting “determined by the applicant”; and
(ii)
added by adding at the end the following:

added “(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—

added “(I) the applicant petitions the Board for reconsideration of the fee;

added “(II) a substantial change is made to the policy, as determined by the Board; or

added “(III) there is substantial evidence that the fee is inhibiting sales or use of the policy, as determined by the Board.”

(b)
added Applicability—
(1)
added In general— The amendments made by this section shall apply to reimbursement requests made on or after October 1, 2016.
(2)
added 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

added

added Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—

(1)
added in paragraph (2), by adding at the end the following:

added “(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.”

(2)
added in paragraph (3)—
(A)
added by striking “The Corporation” and inserting the following:

added “(A) In general—Subject to subparagraph (B), the Corporation”

(B)
added by adding at the end the following:

added “(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

added

added Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—

(1)
added by striking paragraphs (7) through (18) and (20) through (23);
(2)
added by redesignating paragraphs (19) and (24) as paragraphs (7) and (8), respectively;
(3)
added in paragraph (7) (as so redesignated) (entitled “Whole farm diversified risk management insurance plan”), by adding at the end the following:

added “(E) Review of modifications to improve effectiveness

added “(i) In general—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018—

added “(I) the Corporation shall hold stakeholder meetings to solicit producer and agent feedback; and

added “(II) the Board shall—

added “(aa) review procedures and paperwork requirements on agents and producers; and

added “(bb) modify procedures and requirements, as appropriate, to decrease burdens and increase flexibility and effectiveness.

added “(ii) Factors—In carrying out items (aa) and (bb) of subclause (i)(II), the Board shall consider—

added “(I) removing caps on nursery and livestock production;

added “(II) allowing a waiver to expand operations, especially for small and beginning farmers;

added “(III) minimizing paperwork for producers and agents;

added “(IV) implementing an option for producers with less than $1,000,000 in gross revenue that requires significantly less paperwork and recordkeeping;

added “(V) developing and using alternative records such as time-stamped photographs or technology applications to document planting and production history;

added “(VI) treating the different growth stages of aquaculture species as separate crops to recognize the difference in perils at different phases of growth;

added “(VII) moderating the impacts of disaster years on historic revenue, such as—

added “(aa) using an average of the historic and projected revenue;

added “(bb) counting indemnities as historic revenue for loss years;

added “(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

added “(dd) using an assigned yield floor similar to the limitation described in section 508(g)(6)(A)(i), as determined by the Secretary;

added “(VIII) improving agent training and outreach to underserved regions and sectors such as small dairy farms; and

added “(IX) providing coverage and indemnification of insurable losses—

added “(aa) after the losses exceed the deductible; and

added “(bb) up to the maximum amount of total coverage.

added “(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.”

(4)
added by inserting after paragraph (8) (as so redesignated) the following:

added “(9) Tropical storm or hurricane insurance

added “(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.

added “(B) Research and development—Research and development under subparagraph (A) shall—

added “(i) evaluate the effectiveness of risk management tools for a low frequency and catastrophic loss weather event; and

added “(ii) result in a policy that provides protection for at least 1 of the following:

added “(I) Production loss.

added “(II) Revenue loss.

added “(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—

added “(i) the results of the research and development carried out under this paragraph; and

added “(ii) any recommendations with respect to those results.

added “(10) Quality loss

added “(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:

added “(i) A method that does not impact the actual production history of a producer.

added “(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.

added “(iii) 1 or more methods that combine the methods described in clauses (i) and (ii).

added “(B) Requirements—Notwithstanding subsections (g) and (m) of section 508, any method developed under subparagraph (A) that is used by the Corporation shall be—

added “(i) optional for a producer to use; and

added “(ii) offered at an actuarially sound premium rate.

added “(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—

added “(i) the results of the research and development carried out under subparagraph (A); and

added “(ii) any recommendations with respect to those results.

added “(11) Citrus

added “(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—

added “(i) improvements to 1 or more existing policies, including the whole-farm revenue protection pilot policy;

added “(ii) alternative methods of insuring revenue for citrus fruit commodities and commodity types; and

added “(iii) the development of new, or expansion of existing, revenue policies for citrus fruit commodities and commodity types.

added “(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—

added “(i) the results of the research and development carried out under subparagraph (A); and

added “(ii) any recommendations with respect to those results.

added “(12) Hops

added “(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.

added “(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—

added “(i) the results of the research and development carried out under subparagraph (A); and

added “(ii) any recommendations with respect to those results.

added “(13) Subsurface irrigation practices

added “(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.

added “(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—

added “(i) the results of the research and development carried out under subparagraph (A); and

added “(ii) any recommendations with respect to those results.

added “(14) Grain sorghum

added “(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—

added “(i) regarding improvements to 1 or more policies to insure irrigated grain sorghum;

added “(ii) regarding alternative methods for producers with not more than 4 years of production history to insure irrigated grain sorghum; and

added “(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.

added “(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—

added “(i) the results of the research and development carried out under subparagraph (A); and

added “(ii) any recommendations with respect to those results.

added “(15) Limited irrigation practices

added “(A) Authority—The Corporation shall—

added “(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;

added “(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

added “(iii) make recommendations on how to improve participation in that program.

added “(B) Research—In carrying out research under subparagraph (A), a qualified person shall—

added “(i) collaborate with researchers on the subjects of—

added “(I) reduced irrigation practices or limited irrigation practices; and

added “(II) expected yield reductions following the application of reduced irrigation;

added “(ii) collaborate with State and Federal officials responsible for the collection of water and the regulation of water use for the purpose of irrigation;

added “(iii) provide recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and

added “(iv) develop web-based applications that will streamline access to coverage for producers electing to conserve water use on irrigated crops.

added “(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—

added “(i) the results of the research carried out under subparagraphs (A) and (B);

added “(ii) any recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and

added “(iii) the actions taken by the Corporation to carry out the recommendations described in clause (ii).

added “(16) Insurable irrigation practices for rice

added “(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—

added “(i) alternate wetting and drying practices (also referred to as “intermittent flooding”); and

added “(ii) furrow irrigation practices.

added “(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—

added “(i) the results of the research and development carried out under paragraph (1); and

added “(ii) any recommendations with respect to those results.

added “(17) Greenhouse policy

added “(A) In general

added “(i) Research and development—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure in a controlled environment such as a greenhouse—

added “(I) the production of floriculture, nursery, and bedding plants;

added “(II) the establishment of cuttings or tissue culture in a growing medium; or

added “(III) other similar production, as determined by the Secretary.

added “(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.

added “(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—

added “(i) are based on the risk of—

added “(I) plant diseases introduced from the environment;

added “(II) contaminated cuttings, seedlings, or tissue culture; or

added “(III) Federal or State quarantine or destruction orders associated with the contaminated items described in subclause (II);

added “(ii) consider other causes of loss applicable to a controlled environment, such as a loss of electricity due to weather;

added “(iii) consider appropriate best practices to minimize the risk of loss;

added “(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;

added “(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

added “(vi) provide protection for revenue losses.

added “(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—

added “(i) the results of the research and development carried out under subparagraphs (A)(i) and (B); and

added “(ii) any recommendations with respect to those results.

added “(18) Local foods

added “(A) In general

added “(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—

added “(I) of floriculture, fruits, vegetables, poultry, livestock, or the products of floriculture, fruits, vegetables, poultry, or livestock; and

added “(II) that is targeted toward local consumers and markets.

added “(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—

added “(I) the results of the feasibility study under clause (i) are viable; and

added “(II) the requirements of section 508(h) are met.

added “(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—

added “(i) consider small-scale production in various areas, including urban, suburban, and rural areas;

added “(ii) consider a variety of marketing strategies;

added “(iii) allow for production in soil and in alternative systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;

added “(iv) consider the price premium when accounting for production or revenue losses;

added “(v) consider whether to provide coverage—

added “(I) for various types of production under 1 policy; and

added “(II) for 1 species or type of plant per policy; and

added “(vi) have streamlined reporting and paperwork requirements.

added “(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—

added “(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;

added “(ii) describes the results of the feasibility study carried out under subparagraph (A)(i); and

added “(iii) includes any recommendations with respect to those results.

added “(19) High-risk, highly productive batture land policy

added “(A) In general

added “(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—

added “(I) with operations on highly productive batture land within the Lower Mississippi River Valley;

added “(II) that have a history of production of not less than 5 years; and

added “(III) that have been impacted by more frequent flooding over the past 10 years due to sedimentation or federally constructed engineering improvements.

added “(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.

added “(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—

added “(i) consider premium rate adjustments;

added “(ii) consider automatic yield exclusion for consecutive-year losses; and

added “(iii) allow for flexibility of final plant dates and prevent plant regulations.

added “(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—

added “(i) examines whether a version of existing policies may be tailored to provide improved coverage for batture-land producers;

added “(ii) describes the results of the research and development carried out under subparagraphs (A) and (B); and

added “(iii) includes any recommendations with respect to those results.”

Sec. 11123 Funding for research and development

added

added Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)(2)(A)) is amended—

(1)
added by striking “not more than $12,500,000 for fiscal year 2008 and each subsequent fiscal year.” and inserting the following:

added “(i) $12,500,000 for each of fiscal years 2008 through 2018; and”

(2)
added by adding at the end the following:

added “(ii) $8,000,000 for fiscal year 2019 and each fiscal year thereafter.”

Sec. 11124 Technical amendment to pilot programs

added

added 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

added
(a)
added Education assistance— Section 524(a) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)) is amended—
(1)
added in paragraph (1)—
(A)
added 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)
added by striking “paragraph (3)” and inserting “paragraph (2)”;
(2)
added by striking paragraph (2);
(3)
added by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;
(4)
added in paragraph (2) (as so redesignated), in subparagraph (A)—
(A)
added 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)
added by inserting “business planning, enterprise analysis, transfer and succession planning, management coaching, market assessment, cash flow analysis,” after “insurance,”; and
(C)
added by inserting “conservation activities,” after “benchmarking,”;
(5)
added in paragraph (3) (as so redesignated)—
(A)
added in the matter preceding subparagraph (A)—
(i)
added by striking “programs established under paragraphs (2) and (3)” and inserting “program established under paragraph (2)”;
(ii)
added by inserting “farm viability and” after “emphasis on”; and
(iii)
added by inserting “, business planning and technical assistance, market assessment, transfer and succession planning, and crop insurance participation” after “benchmarking”;
(B)
added in subparagraph (D)(i), by striking “and” at the end; and
(C)
added by striking subparagraph (E) and inserting the following:

added “(iii) are converting production and marketing systems to pursue new markets; and

added “(E) producers that are underserved by the Federal crop insurance program established under this subtitle, as determined by the Corporation.”

(6)
added in paragraph (4) (as so redesignated)—
(A)
added 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)
added by striking “paragraph (3), $5,000,000 for fiscal year 2001” and inserting “paragraph (2), $10,000,000 for fiscal year 2019”; and
(C)
added 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)
added 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)
added by striking “section 524(a)(3)” and inserting “section 524(a)”; and
(2)
added 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

added

added Section 11014 of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 963) is amended by striking subsection (c).

Sec. 12101 Animal disease prevention and management

added
(a)
added Definition— Section 10403 of the Animal Health Protection Act (7 U.S.C. 8302) is amended by adding at the end the following:

added “(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)
added Animal disease preparedness and response— Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A) is amended—
(1)
added by striking the section heading and inserting “Animal disease prevention and management”;
(2)
added in subsection (a), by striking “(a) Definition of eligible laboratory.—In this section,” and inserting the following:

added “(a) National Animal Health Laboratory Network

added “(1) Definition of eligible laboratory—In this subsection,”

(3)
added in subsection (b)—
(A)
added 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)
added 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)
added 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)
added by adding at the end the following:

added “(b) National Animal Disease Preparedness and Response Program

added “(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.

added “(2) Program activities—Activities under the Program shall include, to the extent practicable, the following:

added “(A) Enhancing animal pest and disease analysis and surveillance.

added “(B) Expanding outreach and education.

added “(C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum.

added “(D) Enhancing and strengthening threat identification technology.

added “(E) Improving biosecurity.

added “(F) Enhancing emergency preparedness and response capabilities, including training additional emergency response personnel.

added “(G) Conducting technology development to enhance electronic sharing of animal health data for risk analysis between State and Federal animal health officials.

added “(H) Enhancing the development and effectiveness of animal health technologies to treat and prevent animal disease, including—

added “(i) veterinary biologics and diagnostics;

added “(ii) animal drugs for minor uses and minor species;

added “(iii) animal medical devices; and

added “(iv) emerging veterinary countermeasures.

added “(I) Such other activities as determined appropriate by the Secretary, in consultation with eligible entities specified in paragraph (3).

added “(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:

added “(A) A State department of agriculture.

added “(B) The office of the chief animal health official of a State.

added “(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))).

added “(D) A college of veterinary medicine, including a veterinary emergency team at such college.

added “(E) A State or national livestock producer organization with direct and significant economic interest in livestock production.

added “(F) A State emergency agency.

added “(G) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association.

added “(H) An Indian Tribe.

added “(I) A Federal agency.

added “(4) Special funding considerations—In entering into agreements under this subsection, the Secretary shall give priority to applications submitted by—

added “(A) a State department of agriculture or an office of the chief animal health official of a State; or

added “(B) an eligible entity that will carry out program activities in a State or region in which—

added “(i) an animal pest or disease is a Federal concern; or

added “(ii) the Secretary determines a potential exists for the spread of an animal pest or disease after taking into consideration—

added “(I) the agricultural industries in the State or region;

added “(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

added “(III) the movement of animals in the State or region.

added “(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.

added “(6) Application

added “(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.

added “(B) Notification—The Secretary shall notify each applicant of—

added “(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

added “(ii) the criteria to be used to ensure activities supported using such funds are based on sound scientific data or thorough risk assessments.

added “(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—

added “(i) may take into consideration an eligible entity’s ability to contribute non-Federal funds to carry out such an agreement; and

added “(ii) shall not require such an eligible entity to make such a contribution as a condition to enter into an agreement.

added “(7) Use of funds

added “(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.

added “(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.

added “(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)
added 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:

added “(c) National Animal Vaccine Bank

added “(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.

added “(2) Elements of vaccine bank—Through the Vaccine Bank, the Secretary shall—

added “(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

added “(B) leverage, when appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile.

added “(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)
added 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:

added “(d) Funding

added “(1) Mandatory funding

added “(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).

added “(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).

added “(2) Authorization of Appropriations

added “(A) National Animal Health Laboratory Network—In addition to the funds made available under paragraph (1), there is authorized to be appropriated $30,000,000 for each of fiscal years 2019 through 2023 to carry out subsection (a).

added “(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).

added “(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.

added “(3) Administrative costs

added “(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.

added “(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.

added “(4) Duration of availability—Funds made available under this subsection, including any proceeds credited under paragraph (5), shall remain available until expended.

added “(5) Proceeds from veterinary countermeasures sales—Any proceeds of a sale of veterinary countermeasures from the Vaccine Bank shall be—

added “(A) deposited into the Treasury of the United States; and

added “(B) credited to the account for the operation of the Vaccine Bank to be made available for expenditure without further appropriation.

added “(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.

added “(e) Availability and purpose of funding

added “(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.

added “(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

added

added 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

added
(a)
added In general— The Secretary shall conduct a study to determine the feasibility of establishing a livestock dealer statutory trust.
(b)
added Contents— The study conducted under subsection (a) shall—
(1)
added 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)
added examine how the establishment of a livestock dealer statutory trust would affect seller recovery in the event of a livestock dealer payment default;
(3)
added 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)
added examine unique circumstances common to livestock dealers and how those circumstances could impact the functionality of a livestock dealer statutory trust;
(5)
added 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)
added 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)
added 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)
added 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)
added 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

added

added Section 602(2) of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter preceding subparagraph (A) by striking “fish” and all that follows through “that—” and inserting “llamas, alpacas, live fish, crawfish, and other animals that—”.

Sec. 12105 National Aquatic Animal Health Plan

added

added Section 11013 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8322) is amended—

(1)
added by striking subsection (d); and
(2)
added by redesignating subsection (e) as subsection (d).

Sec. 12106 Veterinary training

added

added Section 10504 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8318) is amended—

(1)
added by inserting “and veterinary teams, including those based at colleges of veterinary medicine,” after “veterinarians”; and
(2)
added 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

added
(a)
added 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)
added the effectiveness of the outreach conducted by the Food Safety and Inspection Service to small and very small establishments;
(2)
added 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)
added the responsiveness of Food Safety and Inspection Service personnel to inquiries and issues from small and very small establishments.
(b)
added 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)
added the results of the review conducted under subsection (a); and
(2)
added recommendations on measures the Food Safety and Inspection Service should take to improve regulatory clarity and consistency and ensure all guidance materials and other tools take into account small and very small establishments.

Sec. 12108 Regional Cattle and Carcass Grading Correlation and Training Centers

added
(a)
added 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 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)
added to limit the subjectivity in the application of beef grading standards;
(2)
added to provide producers with greater confidence in the price of the producers’ cattle; and
(3)
added to provide investors with both long and short positions more assurance in the cattle delivery system.
(b)
added 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)
added 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)
added Training program— The Centers shall offer intensive instructional programs involving classroom and field training work for individuals described in subsection (a).
(e)
added 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)
added 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.

Sec. 12201 Repeal of Office of Homeland Security

added

added Section 14111 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8911) is repealed.

Sec. 12202 Office of Homeland Security

added

added 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:

added “221. Office of Homeland Security

added “(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.

added “(b) Authorization—The Secretary shall establish in the Department the Office of Homeland Security.

added “(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.

added “(d) Duties—The Executive Director of Homeland Security shall—

added “(1) serve as the principal advisor to the Secretary on homeland security, including emergency management and agriculture and food defense;

added “(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;

added “(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;

added “(4)

added “(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

added “(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));

added “(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;

added “(6) coordinate the conduct, evaluation, and improvement of exercises to identify and eliminate gaps in preparedness and response;

added “(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

added “(8) carry out other appropriate duties, as determined by the Secretary.

added “(e) Agriculture and food threat awareness partnership program

added “(1) Interagency exchange program—The Secretary, in partnership with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) and fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that have analysis and intelligence capabilities relating to the defense of the food and agriculture critical infrastructure sector, shall establish and carry out an interagency exchange program of personnel and information to improve communication and analysis for the defense of the food and agriculture critical infrastructure sector.

added “(2) Collaboration with Federal, State, and local authorities—To carry out the program established under paragraph (1), the Secretary may—

added “(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

added “(B) carry out any other activity under any other authority of the Secretary that is appropriate to engage the authorities described in subparagraph (A) for the defense of the food and agriculture critical infrastructure sector, as determined by the Secretary.”

Sec. 12203 Agriculture and food defense

added
(a)
added Definitions— In this section:
(1)
added 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)
added Disease or pest of concern— The term disease or pest of concern means a plant or animal disease or pest that—
(A)
added is—
(i)
added a transboundary disease; or
(ii)
added an established disease; and
(B)
added 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)
added Established disease— The term established disease means a plant or animal disease or pest that—
(A)
added
(i)
added if it becomes established, poses an imminent threat to agriculture in the United States; or
(ii)
added has become established, as defined by the Secretary, within the United States; and
(B)
added requires management.
(4)
added High-consequence plant transboundary disease— The term high-consequence plant transboundary disease means a transboundary disease that is—
(A)
added
(i)
added a plant disease; or
(ii)
added a plant pest; and
(B)
added of high consequence, as determined by the Secretary.
(5)
added Pest— The term “pest”—
(A)
added 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)
added 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)
added Plant— The term plant has the meaning given the term in section 403 of the Plant Protection Act (7 U.S.C. 7702).
(7)
added Plant health management strategy— The term plant health management strategy means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock.
(8)
added Transboundary disease—
(A)
added 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)
added Inclusion— The term transboundary disease includes a plant or animal disease or pest described in subparagraph (A) that—
(i)
added has emerged within the United States; or
(ii)
added has been introduced within the United States.
(9)
added 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)
added Disease or pest of concern response planning—
(1)
added In general— The Secretary shall—
(A)
added establish a list of diseases or pests of concern by—
(i)
added 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)
added reviewing all available evidence relating to the diseases or pests of concern entered on the list, including classified information; and
(B)
added periodically update the list established under subparagraph (A).
(2)
added Response plans—
(A)
added 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)
added 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)
added describe the appropriate interactions among, and roles of—
(I)
added Federal, State, Tribal, and units of local government; and
(II)
added plant or animal industry partners;
(ii)
added include a decision matrix or dynamic decision modeling tools that, as appropriate, include—
(I)
added information and timing requirements necessary for the use of veterinary countermeasures;
(II)
added plant health management strategies;
(III)
added deployment of other key materials and resources; and
(IV)
added parameters for transitioning from outbreak response to disease management;
(iii)
added identify key response performance metrics to establish—
(I)
added benchmarking to provide assessments of capabilities, capacity, and readiness to achieve response goals and objectives;
(II)
added progressive exercise evaluation; and
(III)
added continuing improvement of a response plan, including by providing for—
(aa)
added ongoing exercises;
(bb)
added improvement planning and the implementation of corrective actions to enhance a response plan over time; and
(cc)
added strategic information to guide investment in any appropriate research to mitigate the risk of a disease or pest of concern; and
(iv)
added be updated periodically, including in response to—
(I)
added an exercise evaluation; or
(II)
added new risk information becoming available regarding a disease or pest of concern.
(3)
added 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)
added National plant diagnostic network—
(1)
added 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)
added Requirements— The National Plant Diagnostic Network established under paragraph (1) shall—
(A)
added 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)
added coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health;
(C)
added establish diagnostic laboratory standards;
(D)
added 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)
added establish a national repository for records of endemic or emergent diseases and pests of concern.
(3)
added Head of network—
(A)
added In general— The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network.
(B)
added Duties— The head of the National Plant Diagnostic Network shall—
(i)
added coordinate and collaborate with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4);
(ii)
added partner with the Administrator of the Animal and Plant Health Inspection Service for assistance with plant health regulation and inspection; and
(iii)
added 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)
added 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)
added 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)
added National plant disease recovery system—
(1)
added 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)
added Requirements— The National Plant Disease Recovery System established under paragraph (1) shall—
(A)
added coordinate with disease or pest of concern concept of operations response plans;
(B)
added make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases;
(C)
added establish research plans for long-term recovery;
(D)
added 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)
added 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

added

added 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)
added in subclause (III), by striking “and” at the end;
(2)
added by redesignating subclause (IV) as subclause (V); and
(3)
added by inserting after subclause (III) the following:

added “(IV)

added “(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

added “(bb) whether the negative impact described in item (aa) would substantially outweigh the risk posed by the agent or toxin to animal or plant health if it is not included on the list; and”

Sec. 12205 Authorization of appropriations

added

added 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.

Sec. 12301 Farming opportunities training and outreach

added
(a)
added Repeal—
(1)
added In general— Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2)
added Conforming amendments—
(A)
added 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)
added 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:

added “(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)
added Section 7506(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7614c(e)) is amended—
(i)
added in paragraph (2)(C)—
(I)
added by striking clause (v);
(II)
added by redesignating clauses (i) through (iv) as clauses (ii) through (v), respectively;
(III)
added by inserting before clause (ii) (as so redesignated) the following:

added “(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)
added in clause (ii) (as so redesignated), by striking “450i(b)(2));” and inserting “3157(b)(2));”; and
(V)
added in clause (iv) (as so redesignated), by adding “and” at the end; and
(ii)
added in paragraph (4)—
(I)
added by striking subparagraph (E);
(II)
added by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively;
(III)
added by inserting before subparagraph (B) (as so redesignated) the following:

added “(A) subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);”

(IV)
added in subparagraph (B) (as so redesignated), by striking “450i(b));” and inserting “3157(b));”;
(V)
added in subparagraph (D) (as so redesignated), by adding “or” at the end; and
(VI)
added in subparagraph (E) (as so redesignated), by striking “; or” and inserting a period.
(b)
added 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)
added by striking the section heading and inserting “Farming opportunities training and outreach”;
(2)
added 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)
added 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)
added 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)
added in subsection (a) (as so redesignated)—
(A)
added by striking the subsection designation and heading and inserting the following:

added “(a) Definitions—In this section:”

(B)
added 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)
added 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)
added in paragraph (1) (as so redesignated)—
(i)
added in the paragraph heading, by striking “agriculture” and inserting “agricultural”; and
(ii)
added in the matter preceding subparagraph (A), by striking “agriculture” and inserting “agricultural”; and
(E)
added by inserting after paragraph (1) (as so redesignated) the following:

added “(2) Beginning farmer or rancher—The term beginning farmer or rancher means a person that—

added “(A)

added “(i) has not operated a farm or ranch; or

added “(ii) has operated a farm or ranch for not more than 10 years; and

added “(B) meets such other criteria as the Secretary may establish.”

(6)
added by inserting after subsection (a) (as so redesignated) the following:

added “(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—

added “(1) education and training; and

added “(2) equitable participation in all agricultural programs of the Department.”

(7)
added in subsection (c) (as so redesignated and as amended by paragraph (4))—
(A)
added in the subsection heading, by inserting “for socially disadvantaged and veteran farmers and ranchers” after “assistance”;
(B)
added by striking paragraph (4);
(C)
added 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)
added in paragraph (1) (as so redesignated)—
(i)
added in the matter preceding subparagraph (A), by striking “The term” and inserting “In this subsection, the term”;
(ii)
added in subparagraph (A)(ii), by striking “subsection (a)” and inserting “this subsection”; and
(iii)
added in subparagraph (F), by striking “450b))” and inserting “5304))”;
(E)
added in paragraph (2) (as so redesignated)—
(i)
added 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)
added in subparagraph (B), by striking “agricultural” and inserting “agricultural, forestry, and related”;
(iii)
added by striking “agricultural” and inserting “agricultural, forestry, and related”;
(F)
added in paragraph (3) (as so redesignated), by striking “(1)” in the matter preceding subparagraph (A) and inserting “(2)”; and
(G)
added in paragraph (4) (as so redesignated)—
(i)
added in subparagraph (A)—
(I)
added by striking the subparagraph heading and inserting “Outreach and technical assistance.—”;
(II)
added by striking “(2)” and inserting “(3)”; and
(III)
added by inserting “to socially disadvantaged farmers and ranchers and veteran farmers and ranchers” after “assistance”;
(ii)
added in subparagraph (C), by striking “(1)” and inserting “(2)”;
(iii)
added in subparagraph (D), by adding at the end the following:

added “(v) The number of farms or ranches started, maintained, or improved as a result of funds made available under the program.

added “(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.

added “(vii) The effectiveness of the actions described in clause (vi).”

(iv)
added by adding at the end the following:

added “(E) Maximum term and amount of grant, contract, or agreement—A grant, contract, or agreement entered into under subparagraph (A) shall be—

added “(i) for a term of not longer than 3 years; and

added “(ii) in an amount that is not more than $250,000 for each year of the grant, contract, or agreement.

added “(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.

added “(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).

added “(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.

added “(I) Peer review—The Secretary shall establish a fair and efficient external peer review process that—

added “(i) the Secretary shall use in making grants and entering into contracts and other agreements under subparagraph (A); and

added “(ii) shall include a broad representation of peers of the eligible entity.

added “(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)
added by inserting after subsection (c) (as so redesignated) the following:

added “(d) Beginning farmer and rancher development grant program

added “(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.

added “(2) Included programs and services—Initiatives described in paragraph (1) may include programs or services, as appropriate, relating to—

added “(A) basic livestock, forest management, and crop farming practices;

added “(B) innovative farm, ranch, and private, nonindustrial forest land transfer and succession strategies;

added “(C) entrepreneurship and business training;

added “(D) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers;

added “(E) financial and risk management training, including the acquisition and management of agricultural credit;

added “(F) natural resource management and planning;

added “(G) diversification and marketing strategies;

added “(H) curriculum development;

added “(I) mentoring, apprenticeships, and internships;

added “(J) resources and referral;

added “(K) farm financial benchmarking;

added “(L) agricultural rehabilitation and vocational training for veteran farmers and ranchers;

added “(M) farm safety and awareness;

added “(N) food safety and recordkeeping; and

added “(O) other similar subject areas of use to beginning farmers and ranchers.

added “(3) Eligibility

added “(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.

added “(B) Inclusions—A recipient of a grant or a participant that enters into a cooperative agreement described in subparagraph (A) may include—

added “(i) a State cooperative extension service;

added “(ii) a Federal, State, municipal, or Tribal agency;

added “(iii) a community-based or nongovernmental organization;

added “(iv) a college or university (including an institution awarding an associate’s degree) or foundation maintained by a college or university; or

added “(v) any other appropriate partner, as determined by the Secretary.

added “(4) Terms of grants or cooperative agreement—A grant or cooperative agreement under this subsection shall—

added “(A) be for a term of not longer than 3 years; and

added “(B) provide not more than $250,000 for each year.

added “(5) Matching requirement

added “(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.

added “(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.

added “(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—

added “(A) relevancy;

added “(B) technical merit;

added “(C) achievability;

added “(D) the expertise and track record of 1 or more applicants;

added “(E) the consultation of beginning farmers and ranchers in design, implementation, and decisionmaking relating to an initiative described in paragraph (1);

added “(F) the adequacy of plans for—

added “(i) a participatory evaluation process;

added “(ii) outcome-based reporting; and

added “(iii) the communication of findings and results beyond the immediate target audience; and

added “(G) other appropriate factors, as determined by the Secretary.

added “(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.

added “(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.

added “(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.

added “(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.

added “(11) Consecutive awards—A grant or cooperative agreement under this subsection may be made to a recipient or participant for consecutive years.

added “(12) Peer review

added “(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.

added “(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.

added “(13) Participation by other farmers and ranchers—Nothing in this subsection prohibits the Secretary from allowing a farmer or rancher who is not a beginning farmer or rancher (including an owner or operator that has ended, or expects to end within 5 years, active labor in a farming or ranching operation as a producer, retiring farmers, and non-farming landowners) from participating in a program or service under this subsection, to the extent that the Secretary determines that such participation—

added “(A) is appropriate; and

added “(B) will not detract from the primary purpose of increasing opportunities for beginning farmers and ranchers.

added “(14) Education teams

added “(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.

added “(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.

added “(C) Composition—In establishing an education team under subparagraph (A) for a specific program or workshop, the Secretary shall, to the maximum extent practicable—

added “(i) obtain the short-term services of specialists with knowledge and expertise in programs serving beginning farmers and ranchers; and

added “(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.

added “(D) Cooperation

added “(i) In general—In carrying out this subsection, the Secretary shall cooperate, to the maximum extent practicable, with—

added “(I) State cooperative extension services;

added “(II) Federal, State, and Tribal agencies;

added “(III) community-based and nongovernmental organizations;

added “(IV) colleges and universities (including an institution awarding an associate’s degree) or foundations maintained by a college or university; and

added “(V) other appropriate partners, as determined by the Secretary.

added “(ii) Cooperative agreements—The Secretary may enter into a cooperative agreement to reflect the terms of any cooperation under subparagraph (A).

added “(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.

added “(e) Application requirements—In making grants and entering into contracts and other agreements, as applicable, under subsections (c) and (d), the Secretary shall make available a simplified application process for an application for a grant that requests less than $50,000.”

(9)
added by striking subsection (f) and inserting the following:

added “(f) Stakeholder input—In carrying out this section, the Secretary shall seek stakeholder input from—

added “(1) beginning farmers and ranchers;

added “(2) socially disadvantaged farmers and ranchers;

added “(3) veteran farmers and ranchers;

added “(4) national, State, Tribal, and local organizations and other persons with expertise in operating programs for—

added “(A) beginning farmers and ranchers;

added “(B) socially disadvantaged farmers and ranchers; or

added “(C) veteran farmers and ranchers;

added “(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);

added “(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

added “(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)
added in paragraph (3) of subsection (h) (as so redesignated), by inserting “and not later than March 1, 2020,” after “1991,”; and
(11)
added by adding at the end the following:

added “(l) Funding

added “(1) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

added “(A) $30,000,000 for each of fiscal years 2019 and 2020;

added “(B) $35,000,000 for fiscal year 2021;

added “(C) $40,000,000 for fiscal year 2022; and

added “(D) $50,000,000 for fiscal year 2023 and each fiscal year thereafter.

added “(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.

added “(3) Reservation of funds—Of the amounts made available to carry out this section—

added “(A) 50 percent shall be used to carry out subsection (c); and

added “(B) 50 percent shall be used to carry out subsection (d).

added “(4) Allocation of funds

added “(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—

added “(i) limited resource beginning farmers and ranchers, as defined by the Secretary;

added “(ii) socially disadvantaged farmers and ranchers that are beginning farmers and ranchers; and

added “(iii) farmworkers desiring to become farmers or ranchers.

added “(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.

added “(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.

added “(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.

added “(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

added

added 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:

added “222. Office of Urban Agriculture and Innovative Production

added “(a) Office

added “(1) In general—The Secretary shall establish in the Department an Office of Urban Agriculture and Innovative Production.

added “(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).

added “(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—

added “(A) community gardens and farms located in urban areas, suburbs, and urban clusters;

added “(B) rooftop farms, outdoor vertical production, and green walls;

added “(C) indoor farms, greenhouses, and high-tech vertical technology farms;

added “(D) hydroponic, aeroponic, and aquaponic farm facilities; and

added “(E) other innovations in agricultural production, as determined by the Secretary.

added “(4) Responsibilities—The Director shall be responsible for engaging in activities to carry out the mission described in paragraph (3), including by—

added “(A) managing programs, including for community gardens, urban farms, rooftop agriculture, and indoor vertical production;

added “(B) advising the Secretary;

added “(C) coordinating with the agencies and officials of the Department to update relevant programs;

added “(D) engaging in stakeholder relations and developing external partnerships;

added “(E) identifying common State and municipal best practices for navigating local policies;

added “(F) coordinating networks of community gardens and facilitating connections to local food banks, in partnership with the Food and Nutrition Service; and

added “(G) collaborating with other Federal agencies.

added “(b) Urban Agriculture and Innovative Production Advisory Committee

added “(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—

added “(A) the development of policies and outreach relating to urban, indoor, and other emerging agricultural production practices; and

added “(B) any other aspects of the implementation of this section.

added “(2) Membership

added “(A) In general—The Committee shall be composed of 12 members, of whom—

added “(i) 4 shall be individuals who are agricultural producers, of whom—

added “(I) 2 individuals shall be agricultural producers located in an urban area or urban cluster; and

added “(II) 2 individuals shall be farmers that use innovative technology;

added “(ii) 2 shall be representatives from an institution of higher education or extension program;

added “(iii) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization;

added “(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;

added “(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;

added “(vi) 1 shall be an individual from a financing entity; and

added “(vii) 2 shall be individuals with related experience or expertise in urban, indoor, and other emerging agriculture production practices, as determined by the Secretary.

added “(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.

added “(3) Period of appointment; vacancies

added “(A) In general—Except as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years.

added “(B) Initial appointments—Of the members first appointed to the Committee—

added “(i) 4 of the members, as determined by the Secretary, shall be appointed for a term of 3 years;

added “(ii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 2 years; and

added “(iii) 4 of the members, as determined by the Secretary, shall be appointed for a term of 1 year.

added “(C) Vacancies—Any vacancy in the Committee—

added “(i) shall not affect the powers of the Committee; and

added “(ii) shall be filled as soon as practicable in the same manner as the original appointment.

added “(D) Consecutive terms—An initial appointee of the committee may serve an additional consecutive term if the member is reappointed by the Secretary.

added “(4) Meetings

added “(A) Frequency—The Committee shall meet not fewer than 3 times per year.

added “(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.

added “(5) Duties

added “(A) In general—The Committee shall—

added “(i) develop recommendations and advise the Director on policies, initiatives, and outreach administered by the Office of Urban Agriculture and Innovative Production;

added “(ii) evaluate and review ongoing research and extension activities relating to urban, indoor, and other innovative agricultural practices;

added “(iii) identify new and existing barriers to successful urban, indoor, and other emerging agricultural production practices; and

added “(iv) provide additional assistance and advice to the Director as appropriate.

added “(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).

added “(6) Personnel matters

added “(A) Compensation—A member of the Committee shall serve without compensation.

added “(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.

added “(7) Termination

added “(A) In general—Subject to subparagraph (B), the Committee shall terminate on the date that is 5 years after the date on which the members are appointed under paragraph (2)(B).

added “(B) Extensions—Before the date on which the Committee terminates, the Secretary may renew the Committee for 1 or more 2-year periods.

added “(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:

added “(1) A nonprofit organization.

added “(2) A unit of local government.

added “(3) A Tribal government.

added “(4) Any school that serves any of grades kindergarten through grade 12.

added “(d) Pilot projects

added “(1) Urban and suburban county committees

added “(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.

added “(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).

added “(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—

added “(i) the status of the pilot program under subparagraph (A);

added “(ii) meetings and other activities of the committees established under that subparagraph; and

added “(iii) the types and volume of assistance and services provided to farmers in counties in which county committees are established under that subparagraph.

added “(2) Increasing community compost and reducing food waste

added “(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.

added “(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—

added “(i) generate compost;

added “(ii) increase access to compost for agricultural producers;

added “(iii) reduce reliance on, and limit the use of, fertilizer;

added “(iv) improve soil quality;

added “(v) encourage waste management and permaculture business development;

added “(vi) increase rainwater absorption;

added “(vii) reduce municipal food waste; and

added “(viii) divert food waste from landfills.

added “(C) Evaluation and ranking of applications

added “(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.

added “(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.

added “(iii) Priority—In selecting a pilot project under this paragraph, the Secretary shall give priority to an application for a pilot project that—

added “(I) anticipates or demonstrates economic benefits;

added “(II) incorporates plans to make compost easily accessible to agricultural producers, including community gardeners;

added “(III) integrates other food waste strategies, including food recovery efforts; and

added “(IV) provides for collaboration with multiple partners.

added “(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.

added “(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—

added “(i) the amount of Federal funds used for each project; and

added “(ii) a measurement of the outcomes of each project.

added “(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

added

added Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended—

(1)
added by striking “The Secretary” and inserting the following:

added “(a) In general—The Secretary”

(2)
added by adding at the end the following:

added “(b) Tribal Advisory Committee

added “(1) Definitions—In this subsection:

added “(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).

added “(B) Relevant committees of Congress—The term relevant committees of Congress means—

added “(i) the Committee on Agriculture of the House of Representatives;

added “(ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

added “(iii) the Committee on Indian Affairs of the Senate.

added “(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).

added “(2) Establishment of Committee

added “(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.

added “(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.

added “(3) Membership

added “(A) Composition—The Committee shall be composed of 11 members, of whom—

added “(i) 3 shall be appointed by the Secretary;

added “(ii) 1 shall be appointed by the chairperson of the Committee on Indian Affairs of the Senate;

added “(iii) 1 shall be appointed by the ranking member of the Committee on Indian Affairs of the Senate;

added “(iv) 1 shall be appointed by the chairperson of the Committee on Agriculture, Nutrition, and Forestry of the Senate;

added “(v) 1 shall be appointed by the ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate;

added “(vi) 2 shall be appointed by the chairperson of the Committee on Agriculture of the House of Representatives; and

added “(vii) 2 shall be appointed by the ranking member of the Committee on Agriculture of the House of Representatives.

added “(B) Nominations—The Secretary shall accept nominations for members of the Committee from any of the following:

added “(i) An Indian tribe.

added “(ii) A tribal organization.

added “(iii) A national or regional organization with expertise in issues relating to the duties of the Committee described in paragraph (4).

added “(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.

added “(D) Limitation—No member of the Committee shall be an officer or employee of the Federal Government.

added “(E) Period of appointment; vacancies

added “(i) In general—Each member of the Committee—

added “(I) subject to clause (ii), shall be appointed to a 3-year term; and

added “(II) may be reappointed to not more than 3 consecutive terms.

added “(ii) Initial staggering—The first 3 appointments by the Secretary under paragraph (3)(A)(i) shall be for a 2-year term.

added “(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.

added “(F) Meetings

added “(i) In general—The Committee shall meet in person not less than twice each year.

added “(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.

added “(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.

added “(iv) Nonvoting representatives—The individuals described in clauses (ii) and (iii) shall be nonvoting representatives at meetings of the Committee.

added “(4) Duties of Committee—The Committee shall—

added “(A) identify evolving issues of relevance to Indian tribes relating to programs of the Department;

added “(B) communicate to the Secretary the issues identified under subparagraph (A);

added “(C) submit to the Secretary recommendations for, and solutions to—

added “(i) the issues identified under subparagraph (A);

added “(ii) issues raised at the Tribal, regional, or national level; and

added “(iii) issues relating to any Tribal consultation carried out by the Department;

added “(D) discuss issues and proposals for changes to the regulations, policies, and procedures of the Department that impact Indian tribes;

added “(E) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the Tribal, regional, or national level regarding the Department;

added “(F) ensure that pertinent issues of the Department are brought to the attention of an Indian tribe in a timely manner so that timely feedback from an Indian tribe can be obtained; and

added “(G) identify and propose solutions to any interdepartmental barrier between the Department and other Federal agencies.

added “(5) Reports

added “(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—

added “(i) the activities of the Committee during the previous year; and

added “(ii) recommendations for legislative or administrative action for the following year.

added “(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—

added “(i) the Committee; and

added “(ii) the relevant committees of Congress.

added “(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.

added “(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

added

added 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:

added “7404. Beginning farmer and rancher coordination

added “(a) Definitions—In this section:

added “(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)).

added “(2) National Coordinator—The term National Coordinator means the National Beginning Farmer and Rancher Coordinator established under subsection (b)(1).

added “(3) State coordinator—The term State coordinator means a State beginning farmer and rancher coordinator designated under subsection (c)(1)(A).

added “(4) State office—The term State office means—

added “(A) a State office of—

added “(i) the Farm Service Agency;

added “(ii) the Natural Resources Conservation Service;

added “(iii) the Rural Business-Cooperative Service; or

added “(iv) the Rural Utilities Service; or

added “(B) a regional office of the Risk Management Agency.

added “(b) National beginning farmer and rancher coordinator

added “(1) Establishment—The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.

added “(2) Duties

added “(A) In general—The National Coordinator shall—

added “(i) advise the Secretary and coordinate activities of the Department on programs, policies, and issues relating to beginning farmers and ranchers; and

added “(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).

added “(B) Discretionary duties—Additional duties of the National Coordinator may include—

added “(i) developing and implementing new strategies—

added “(I) for outreach to beginning farmers and ranchers; and

added “(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

added “(ii) facilitating interagency and interdepartmental collaboration on issues relating to beginning farmers and ranchers.

added “(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).

added “(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—

added “(A) to conduct research on the profitability of new farms in operation for not less than 5 years in a region;

added “(B) to develop educational materials;

added “(C) to conduct workshops, courses, training, or certified vocational training; or

added “(D) to conduct mentoring activities.

added “(c) State beginning farmer and rancher coordinators

added “(1) In general

added “(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.

added “(B) Requirements—To be designated as a State coordinator, an employee shall—

added “(i) be familiar with issues relating to beginning farmers and ranchers; and

added “(ii) have the ability to coordinate with other Federal departments and agencies.

added “(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.

added “(3) Duties—A State coordinator shall—

added “(A) coordinate technical assistance at the State level to assist beginning farmers and ranchers in accessing programs of the Department;

added “(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;

added “(C) oversee implementation of an approved State plan described in subparagraph (B);

added “(D) work with outreach coordinators in the State offices to ensure appropriate information about technical assistance is available at outreach events and activities; and

added “(E) coordinate partnerships and joint outreach efforts with other organizations and government agencies serving beginning farmers and ranchers.”

Sec. 12305 Agricultural youth organization coordinator

added

added 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:

added “7405. Agricultural youth organization coordinator

added “(a) Authorization—The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator.

added “(b) Duties—The Agricultural Youth Organization Coordinator shall—

added “(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;

added “(2) work to help build youth awareness of the reach and importance of agriculture, across a diversity of fields and disciplines;

added “(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;

added “(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;

added “(5) provide information to youth involved in food and agriculture organizations concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs;

added “(6) serve as a resource for assisting youth involved in food and agriculture organizations in applying for participation in agriculture; and

added “(7) advocate on behalf of youth involved in food and agriculture organizations in interactions with employees of the Department.

added “(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—

added “(1) the conduct of regional research on the profitability of small farms;

added “(2) the development of educational materials;

added “(3) the conduct of workshops, courses, and certified vocational training;

added “(4) the conduct of mentoring activities; or

added “(5) the provision of internship opportunities.”

Sec. 12306 Availability of Department of Agriculture programs for veteran farmers and ranchers

added
(a)
added 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)
added in subparagraph (A), by striking “or” at the end;
(2)
added in subparagraph (B), by striking the period at the end and inserting “; or”; and
(3)
added by adding at the end the following:

added “(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)
added Federal crop insurance—
(1)
added 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:

added “(14) Veteran farmer or rancher—The term veteran farmer or rancher means a farmer or rancher who—

added “(A) has served in the Armed Forces (as defined in section 101 of title 38, United States Code); and

added “(B)

added “(i) has not operated a farm or ranch;

added “(ii) has operated a farm or ranch for not more than 5 years; or

added “(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)
added Crop insurance— Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended—
(A)
added in subsection (b)(5)(E)—
(i)
added by striking “The Corporation” and inserting the following:

added “(i) In general—The Corporation”

(ii)
added in clause (i) (as so designated), by striking the period at the end and inserting the following: “, and veteran farmers or ranchers.

added “(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)
added in subsection (e)(8)—
(i)
added in the paragraph heading, by inserting “and veteran” after “beginning”; and
(ii)
added by inserting “or veteran farmer or rancher” after “beginning farmer or rancher” each place it appears; and
(C)
added in subsection (g)—
(i)
added 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)
added in paragraph (4)(B)(ii)(II), by inserting “and veteran farmers or ranchers” after “beginning farmers or ranchers”.
(3)
added 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)
added in subparagraph (D)(ii), by striking “and” at the end;
(B)
added in subparagraph (E), by striking the period at the end and inserting “; and”; and
(C)
added by adding at the end the following:

added “(F) veteran farmers or ranchers.”

(c)
added Down payment loan program— Section 310E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935) is amended—
(1)
added in subsection (a)(1), by striking “qualified beginning farmers or ranchers and socially disadvantaged farmers or ranchers” and inserting “eligible farmers or ranchers”;
(2)
added in subsection (d)—
(A)
added in paragraph (2)(A), by striking “recipients of the loans” and inserting “farmers or ranchers”;
(B)
added by striking paragraph (3) and inserting the following:

added “(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)
added in paragraph (4), by striking “for beginning farmers or ranchers or socially disadvantaged farmers or ranchers” and inserting the following:

added “(A) beginning farmers or ranchers;

added “(B) socially disadvantaged farmers or ranchers, as defined in section 355(e); or

added “(C) veteran farmers or ranchers, as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)); and”

(D)
added 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)
added by striking subsection (e) and inserting the following:

added “(e) Definition of eligible farmer or rancher—In this section, the term eligible farmer or rancher means—

added “(1) a qualified beginning farmer or rancher;

added “(2) a socially disadvantaged farmer or rancher, as defined in section 355(e); and

added “(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)
added 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)
added in the subparagraph heading, by inserting “and veteran” after “Beginning”;
(2)
added 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)
added in clause (ii), by striking “beginning”.
(e)
added 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)
added 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)
added 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)
added in subsection (l), in paragraph (3) (as redesignated by section 1601(7)(D))—
(A)
added in the paragraph heading, by inserting “veteran,” before “and socially”; and
(B)
added 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)
added 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)
added Supplemental agricultural disaster assistance—
(1)
added Definition of covered producer— Section 1501(a) of the Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended—
(A)
added by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
(B)
added by inserting before paragraph (2) (as so redesignated) the following:

added “(1) Covered producer—The term covered producer means an eligible producer on a farm that is—

added “(A) as determined by the Secretary—

added “(i) a beginning farmer or rancher;

added “(ii) a socially disadvantaged farmer or rancher; or

added “(iii) a limited resource farmer or rancher; or

added “(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)
added 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:

added “(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).”

Sec. 12401 Office of Congressional Relations and Intergovernmental Affairs

added
(a)
added 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)
added 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

added

added Section 219 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6919) is amended—

(1)
added in subsection (b)—
(A)
added in paragraph (3), by striking “and” at the end;
(B)
added in paragraph (4), by striking the period at the end and inserting a semicolon; and
(C)
added by adding at the end the following:

added “(5) establish and periodically update the website described in subsection (d); and

added “(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.”

(2)
added by adding at the end the following:

added “(d) Website required

added “(1) In general—The website required under subsection (b)(5) shall include the following:

added “(A) Positions identified within the Department of Agriculture that are available to veterans for apprenticeships.

added “(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.

added “(C) Employment skills training programs for members of the Armed Forces carried out pursuant to section 1143(e) of title 10, United States Code.

added “(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—

added “(i) contact information for relevant offices in the Department of Defense, Department of Veterans Affairs, Department of Labor, and Small Business Administration;

added “(ii) basic requirements for approval by each State approving agency;

added “(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

added “(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).

added “(2) Review of website

added “(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).

added “(B) Ineffective website—If the Secretary determines that the website is not effective under subparagraph (A), the Secretary shall—

added “(i) notify the agriculture and veterans committees described in subparagraph (C) of that determination; and

added “(ii) not earlier than 180 days after the date on which the Secretary provides notice under clause (i), terminate the website.

added “(C) Agriculture and veterans committees—The agriculture and veterans committees referred to in subparagraph (B)(i) are—

added “(i) the Committee on Agriculture of the House of Representatives;

added “(ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

added “(iii) the Committee on Veterans’ Affairs of the House of Representatives; and

added “(iv) the Committee on Veterans’ Affairs of the Senate.

added “(e) Consultation required—In carrying out this section, the Secretary shall consult with organizations that serve veterans.

added “(f) Report

added “(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—

added “(A) the Committee on Agriculture of the House of Representatives;

added “(B) the Committee on Veterans’ Affairs of the House of Representatives;

added “(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

added “(D) the Committee on Veterans’ Affairs of the Senate.

added “(2) Contents of report—The report submitted under paragraph (1) shall include—

added “(A) a summary of the measures taken to carry out subsections (b) and (c);

added “(B) a description of the information provided to veterans under paragraphs (1) and (2) of subsection (b);

added “(C) recommendations for best informing veterans of the programs described in paragraphs (1) and (2) of subsection (b);

added “(D) a summary of the contracts or cooperative agreements entered into under subsection (c);

added “(E) a description of the programs implemented under subsection (c);

added “(F) a summary of the employment outreach activities directed to veterans;

added “(G) recommendations for how opportunities for veterans in agriculture should be developed or expanded;

added “(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

added “(I) recommendations, if any, on how to improve activities under subsection (b).

added “(g) Public dissemination of information

added “(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—

added “(A) the report of the Military Veterans Agricultural Liaison on beginning farmer training for veterans and agricultural vocational and rehabilitation programs; and

added “(B) the information disseminated under paragraphs (1) and (2) of subsection (b).

added “(2) Further dissemination—Not later than the day before the date on which the Military Veterans Agricultural Liaison makes publicly available the information under paragraph (1), the Military Veterans Agricultural Liaison shall provide that information to the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and the Department of Labor.”

Sec. 12403 Civil rights analyses

added
(a)
added 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)
added Study; report—
(1)
added 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)
added the effectiveness of the Department of Agriculture in processing and resolving civil rights complaints;
(B)
added 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)
added 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)
added 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)
added 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)
added 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)
added the Committee on Agriculture of the House of Representatives; and
(B)
added the Committee on Agriculture, Nutrition, and Forestry of the Senate.

Sec. 12404 Farm Service Agency

added
(a)
added In general— Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended—
(1)
added in the section heading, by striking “Consolidated Farm” and inserting “Farm”;
(2)
added in subsection (b), in the subsection heading, by striking “of Consolidated Farm Service Agency”; and
(3)
added by striking “Consolidated Farm” each place it appears and inserting “Farm”.
(b)
added Conforming amendments—
(1)
added Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) is amended—
(A)
added in subsection (c), by striking “Consolidated Farm” each place it appears and inserting “Farm”; and
(B)
added in subsection (e)(2), by striking “Consolidated Farm” each place it appears and inserting “Farm”.
(2)
added 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)
added 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

added
(a)
added 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)
added 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)
added 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)
added 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

added
(a)
added Changing name of office—
(1)
added In general— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended—
(A)
added in the section heading, by striking “Advocacy and Outreach” and inserting “Partnerships and Public Engagement”; and
(B)
added by striking “Advocacy and Outreach” each place it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and inserting “Partnerships and Public Engagement”.
(2)
added 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)
added 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)
added in subsection (b)(1)—
(A)
added in subparagraph (A), by striking “and” at the end;
(B)
added in subparagraph (B)—
(i)
added in clause (ii), by striking “and” at the end;
(ii)
added in clause (iii), by striking the period at the end and inserting a semicolon; and
(iii)
added by adding at the end the following new clauses:

added “(iv) limited resource producers; and

added “(v) veteran farmers and ranchers; and”

(C)
added by adding at the end the following new subparagraph:

added “(C) to promote youth outreach.”

(2)
added in subsection (c)—
(A)
added in the matter preceding paragraph (1), by inserting “veteran farmers and ranchers,” after “beginning farmers or ranchers,”;
(B)
added in paragraph (1), by striking “or socially disadvantaged” and inserting “socially disadvantaged, or veteran”; and
(C)
added in paragraph (5), by inserting “veteran farmers or ranchers,” after “beginning farmers or ranchers,”.
(c)
added 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

added

added Section 231 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941) is amended—

(1)
added in subsection (a), by striking “is authorized to” and inserting “shall”; and
(2)
added 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

added
(a)
added Rate of pay—
(1)
added 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:

added “(b) Administrator

added “(1) Appointment—The Rural Utilities Service shall be headed by an Administrator who shall be appointed by the President.

added “(2) Compensation—The Administrator of the Rural Utilities Service shall receive basic pay at a rate not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5, United States Code.”

(2)
added Conforming amendment— Section 5315 of title 5, United States Code, is amended by striking “Administrator, Rural Utilities Service, Department of Agriculture.”.
(b)
added 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

added

added 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:

added “236. Rural Health Liaison

added “(a) Authorization—The Secretary shall establish in the Department the position of Rural Health Liaison.

added “(b) Duties—The Rural Health Liaison shall—

added “(1) in consultation with the Secretary of Health and Human Services, coordinate the role of the Department with respect to rural health;

added “(2) integrate across the Department the strategic planning and activities relating to rural health;

added “(3) improve communication relating to rural health within the Department and between Federal agencies;

added “(4) advocate on behalf of the health care and relevant infrastructure needs in rural areas;

added “(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;

added “(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;

added “(7) consult on programs, pilot projects, research, training, and other affairs relating to rural health at the Department and other Federal agencies;

added “(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

added “(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

added
(a)
added 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:

added “(g) Field offices

added “(1) In general—The Secretary shall not close any field office of the Natural Resources Conservation Service unless, not later than 30 days before the date of the closure, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure.

added “(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.

added “(3) Sunset—The requirements under paragraphs (1) and (2) shall cease to be effective on September 30, 2023.”

(b)
added 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)
added in subsection (b)—
(A)
added by striking paragraph (2);
(B)
added by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively;
(C)
added in paragraph (4) (as so redesignated), by inserting “; Public Law 101–624” after “note”; and
(D)
added in paragraph (5) (as so redesignated), by striking “3831–3836” and inserting “3831 et seq.”; and
(2)
added 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)
added Relocation in Act—
(1)
added 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)
added redesignated as section 228; and
(B)
added moved so as to appear at the end of subtitle B of title II (7 U.S.C. 6931 et seq.).
(2)
added Conforming amendments—
(A)
added 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)
added in subsection (b)(5), by striking “section 246(b)” and inserting “section 228(b)”; and
(ii)
added in subsection (g)(2), by striking “section 246(b)” and inserting “section 228(b)”.
(B)
added 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

added
(a)
added In general— Section 251(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended—
(1)
added in the subsection heading, by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(2)
added in paragraph (1), by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(3)
added in paragraph (2), in the matter preceding subparagraph (A), by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(4)
added 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)
added by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(6)
added by inserting after paragraph (3) the following:

added “(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—

added “(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department;

added “(B)

added “(i) to integrate strategic program planning and evaluation functions across the programs of the Department; and

added “(ii) to help prepare the annual report to Congress on the relevance and adequacy of programs under the jurisdiction of the Under Secretary;

added “(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

added “(D) to oversee other duties as may be required by Federal law or Department policy.”

(7)
added in paragraph (5) (as so redesignated)—
(A)
added in subparagraph (A), by striking “Notwithstanding” and inserting the following:

added “(i) Authorization of appropriations—There is authorized to be appropriated such sums as are necessary to fund the costs of Division personnel.

added “(ii) Additional funding—In addition to amounts made available under clause (i), notwithstanding”

(B)
added in subparagraph (C)—
(i)
added in clause (i), by striking “and” at the end;
(ii)
added in clause (ii), by striking the period at the end and inserting “; and”; and
(iii)
added by adding at the end the following:

added “(iii) provides strong staff continuity to the Office of the Chief Scientist.”

(8)
added in paragraph (6) (as so redesignated), by striking “Research, Education and Extension Office” and inserting “Office of the Chief Scientist”.
(b)
added Conforming amendments—
(1)
added Section 251(f)(5)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended by striking “Research, Education and Extension Office” and inserting “Office of the Chief Scientist”.
(2)
added 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

added

added Section 272(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows:

added “(e) Division personnel

added “(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.

added “(2) Political appointee—In this subsection, the term “political appointee” means an individual occupying—

added “(A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);

added “(B) a noncareer position in the Senior Executive Service, as described under section 3132(a)(7) of that title;

added “(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

added “(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

added

added The Department of Agriculture Reorganization Act of 1994 is amended—

(1)
added by redesignating subtitle J (7 U.S.C. 7011 et seq.) as subtitle K; and
(2)
added by inserting after subtitle I (7 U.S.C. 7005 et seq.) the following:

added “J Trade and foreign agricultural affairs

added “287. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs

added “(a) Establishment—There is established in the Department the position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.

added “(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.

added “(c) Functions

added “(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.

added “(2) Additional functions—The Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs shall perform such other functions and duties as may be—

added “(A) required by law; or

added “(B) prescribed by the Secretary.”

Sec. 12414 Repeals

added
(a)
added Department of Agriculture Reorganization Act of 1994— The following provisions of the Department of Agriculture Reorganization Act of 1994 are repealed:
(1)
added Section 211 (7 U.S.C. 6911).
(2)
added Section 213 (7 U.S.C. 6913).
(3)
added Section 214 (7 U.S.C. 6914).
(4)
added Section 217 (7 U.S.C. 6917).
(5)
added Section 247 (7 U.S.C. 6963).
(6)
added Section 252 (7 U.S.C. 6972).
(7)
added Section 295 (7 U.S.C. 7013).
(b)
added Other provision— Section 3208 of the Agricultural Act of 2014 (7 U.S.C. 6935) is repealed.
(c)
added Rule of construction— Nothing in the amendments made by this section shall be construed as affecting—
(1)
added 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)
added 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

added
(a)
added 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)
added Correction of error—
(1)
added 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:

added “(c) Duties of Assistant Secretary of Agriculture for Civil Rights—The Secretary may delegate to the Assistant Secretary for Civil Rights responsibility for—”

(2)
added Effective date— The amendments made by paragraph (1) take effect on the effective date described in section 6(a) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1295).

Sec. 12416 Termination of authority

added

added 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:

added “(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.

added “(10) The authority of the Secretary to carry out the amendments made to this title by the Agriculture Improvement Act of 2018.”

Sec. 12501 Acer access and development program

added

added 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

added
(a)
added Crimes related to domestic violence and stalking targeting pets—
(1)
added Interstate stalking— Section 2261A of title 18, United States Code, is amended—
(A)
added in paragraph (1)(A)—
(i)
added in clause (ii), by striking “or” at the end; and
(ii)
added by inserting after clause (iii) the following:

added “(iv) the pet, service animal, emotional support animal, or horse of that person; or”

(B)
added in paragraph (2)(A)—
(i)
added by inserting after “to a person” the following: “, a pet, a service animal, an emotional support animal, or a horse”; and
(ii)
added by striking “or (iii)” and inserting “(iii), or (iv)”.
(2)
added Interstate violation of protection order— Section 2262 of title 18, United States Code, is amended—
(A)
added in subsection (a)—
(i)
added 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)
added 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)
added in subsection (b)(5), by inserting after “in any other case,” the following: “including any case in which the offense is committed against a pet, service animal, emotional support animal, or horse,”.
(3)
added Restitution To include veterinary services— Section 2264 of title 18, United States Code, is amended in subsection (b)(3)—
(A)
added by redesignating subparagraph (F) as subparagraph (G);
(B)
added in subparagraph (E), by striking “and” at the end; and
(C)
added by inserting after subparagraph (E) the following:

added “(F) veterinary services relating to physical care for the victim’s pet, service animal, emotional support animal, or horse; and”

(4)
added Definitions— Section 2266 of title 18, United States Code, is amended by inserting after paragraph (10) the following:

added “(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.

added “(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.

added “(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)
added Emergency and transitional pet shelter and housing assistance grant program—
(1)
added Grant program—
(A)
added 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)
added 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)
added Application—
(A)
added 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)
added a description of the activities for which a grant under this subsection is sought;
(ii)
added such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this subsection; and
(iii)
added a certification that the entity, before engaging with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets, service animals, emotional support animals, or horses).
(B)
added Additional requirements— In addition to the requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph shall—
(i)
added not include proposals for any activities that may compromise the safety of a domestic violence victim, including—
(I)
added background checks of domestic violence victims; or
(II)
added clinical evaluations to determine the eligibility of such a victim for support services;
(ii)
added 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)
added reflect the eligible entity’s understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking.
(C)
added Rules of construction— Nothing in this paragraph shall be construed to require—
(i)
added domestic violence victims to participate in the criminal justice system in order to receive services; or
(ii)
added eligible entities receiving a grant under this subsection to breach client confidentiality.
(3)
added Use of funds— Grants awarded under this subsection may only be used for programs that provide—
(A)
added 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)
added 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)
added 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)
added locate and secure—
(I)
added safe housing with the victim’s pet, service animal, emotional support animal, or horse; or
(II)
added safe accommodations for the victim’s pet, service animal, emotional support animal, or horse; or
(ii)
added provide the victim with pet, service animal, emotional support animal, or horse related services, such as transportation, care services, and other assistance; or
(D)
added for the training of relevant stakeholders on—
(i)
added 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)
added the needs of domestic violence victims;
(iii)
added best practices for providing support services to such victims;
(iv)
added best practices for providing such victims with referrals to victims’ services; and
(v)
added the importance of confidentiality.
(4)
added Grant conditions— An eligible entity that receives a grant under this subsection shall, as a condition of such receipt, agree—
(A)
added 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)
added 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)
added Duration of assistance provided to victims—
(A)
added 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)
added 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)
added 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)
added has been unable to acquire such permanent housing within that period.
(6)
added Report to the Secretary— Not later than 1 year after the date on which an eligible entity receives a grant under this subsection and each year thereafter in which the grant funds are used, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets, service animals, emotional support animals, or horses using grant funds received under this subsection, information on—
(A)
added the number of domestic violence victims with pets, service animals, emotional support animals, or horses provided such assistance; and
(B)
added the purpose, amount, type of, and duration of such assistance.
(7)
added Report to Congress—
(A)
added 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)
added Availability of report— The Secretary shall transmit a copy of the report submitted under subparagraph (A) to—
(i)
added the Office on Violence Against Women of the Department of Justice;
(ii)
added the Office of Community Planning and Development of the Department of Housing and Urban Development; and
(iii)
added the Administration for Children and Families of the Department of Health and Human Services.
(8)
added Authorization of appropriations—
(A)
added 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)
added 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)
added Definitions— In this subsection:
(A)
added Domestic violence victim defined— The term domestic violence victim means a victim of domestic violence, dating violence, sexual assault, or stalking.
(B)
added Eligible entity— The term eligible entity means—
(i)
added a State;
(ii)
added a unit of local government;
(iii)
added an Indian tribe; or
(iv)
added 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)
added a domestic violence and sexual assault victim service provider;
(II)
added a domestic violence and sexual assault coalition;
(III)
added a community-based and culturally specific organization;
(IV)
added any other nonprofit, nongovernmental organization; and
(V)
added 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)
added an animal shelter; and
(bb)
added an animal welfare organization.
(C)
added 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)
added 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)
added 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)
added 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)
added 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

added

added 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

added

added 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:

added “224. Food loss and waste reduction liaison

added “(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.

added “(b) In general—The Food Loss and Waste Reduction Liaison shall—

added “(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;

added “(2) support and promote Federal programs to measure and reduce the incidence of food loss and waste and increase food recovery;

added “(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;

added “(4) raise awareness of the liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) to persons engaged in food loss and waste reduction and food recovery; and

added “(5) make recommendations with respect to expanding innovative food recovery models and reducing the incidence of food loss and waste.

added “(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—

added “(1) the development of educational materials;

added “(2) the conduct of workshops and courses; or

added “(3) the conduct of research on best practices with respect to food loss and waste reduction and food recovery.

added “(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—

added “(1) methods of measuring food waste;

added “(2) standards for the volume of food waste;

added “(3) factors that contribute to food waste;

added “(4) the cost and volume of food loss;

added “(5) the effectiveness of existing liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791); and

added “(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.

added “(e) Reports

added “(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).

added “(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—

added “(A) an estimate of the quantity of food waste during such year; and

added “(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

added
(a)
added In general— Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating each business center established in the Department of Agriculture.
(b)
added Inclusions— The report under subsection (a) shall include—
(1)
added 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)
added an evaluation of—
(A)
added the impact the business centers have on customer service of the Department of Agriculture;
(B)
added 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)
added the Natural Resources Conservation Service;
(ii)
added the Farm Service Agency; and
(iii)
added the Risk Management Agency;
(C)
added funding described in subparagraph (B) spent on information technology modernizations;
(D)
added the impact that the business centers have had on the human resources of the Department of Agriculture, including hiring;
(E)
added any concerns or problems with the business centers; and
(F)
added any positive or negative impact that the business centers have had on the functionality of the Department of Agriculture.

Sec. 12506 Report on personnel

added

added 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

added
(a)
added 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)
added land valuation;
(2)
added soil health; and
(3)
added the economic stability of rural communities.
(b)
added Contents— The report under subsection (a) shall include—
(1)
added a description of the positive and negative effects of an absent landlord on the land owned by the landlord, including—
(A)
added the effect of an absent landlord on the long-term value of the land; and
(B)
added the environmental and economic impact of an absent landlord on the surrounding community; and
(2)
added recommendations to policymakers concerning how to mitigate those effects when necessary.

Sec. 12508 Century farms program

added

added The Secretary shall establish a program under which the Secretary recognizes any farm that—

(1)
added a State department of agriculture or similar statewide agricultural organization recognizes as a Century Farm; or
(2)
added
(A)
added 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)
added has been in continuous operation for at least 100 years; and
(C)
added 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

added
(a)
added 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)
added 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)
added the total number of live dogs imported;
(2)
added the number of live dogs imported as personal pets;
(3)
added 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)
added the number of live dogs for which importation was requested but denied due to the proposed importation failing to meet the requirements under—
(A)
added section 18 of the Animal Welfare Act (7 U.S.C. 2148);
(B)
added section 71.51 of title 42, Code of Federal Regulations (or any successor regulations); or
(C)
added any other Federal law; and
(5)
added 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)
added 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)
added 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)
added any recommendations for modifications to Federal law (including regulations) relating to the importation of live dogs, including for the protection of public health.

Sec. 12510 Tribal Promise Zones

added
(a)
added In general— In this section, the term Tribal Promise Zone means an area that—
(1)
added 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)
added has a continuous boundary; and
(3)
added 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)
added 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)
added Period of designations—
(1)
added In general— The Secretary shall designate nominated zones as Tribal Promise Zones before January 1, 2020.
(2)
added Effective dates of designations— The designation of any Tribal Promise Zone shall take effect—
(A)
added 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)
added 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)
added Termination of designations— The designation of any Tribal Promise Zone shall end on the earlier of—
(A)
added
(i)
added 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)
added 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)
added the date of the revocation of such designation.
(4)
added 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)
added Limitations on designations— No area may be designated under this section unless—
(1)
added the entities nominating the area have the authority to nominate the area of designation under this section;
(2)
added such entities provide written assurances satisfactory to the Secretary that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with such data regarding the economic conditions of the area (before, during, and after the area’s period of designation as a Tribal Promise Zone) as the Secretary may require; and
(3)
added the Secretary determines that any information furnished is reasonably accurate.
(e)
added Application— No area may be designated under this section unless the application for such designation—
(1)
added demonstrates that the nominated zone satisfies the eligibility criteria described in subsection (a); and
(2)
added includes a competitiveness plan that—
(A)
added addresses the need of the nominated zone to attract investment and jobs and improve educational opportunities;
(B)
added leverages the nominated zone’s economic strengths and outlines targeted investments to develop competitive advantages;
(C)
added demonstrates collaboration across a wide range of stakeholders;
(D)
added outlines a strategy that connects the nominated zone to drivers of regional economic growth; and
(E)
added proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety.
(f)
added Selection criteria—
(1)
added 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)
added the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d);
(B)
added 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)
added other criteria as determined by the Secretary.
(2)
added 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

added
(a)
added Findings— Congress finds the following:
(1)
added 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)
added These technologies allow farmers to collect data in real time about their fields, automate field management, and maximize resources.
(3)
added 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)
added 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)
added The deployment of broadband Internet access service to unserved agricultural land is critical to the United States economy and to the continued leadership of the United States in global food production.
(6)
added 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)
added 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)
added Task force—
(1)
added Definitions— In this subsection:
(A)
added
(i)
added 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)
added Such term includes any service the Commission finds to be providing a functional equivalent of the service described in clause (i).
(B)
added The term Commission means the Federal Communications Commission.
(C)
added The term Department means the Department of Agriculture.
(D)
added The term “Secretary” means the Secretary of Agriculture.
(E)
added 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)
added 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)
added Duties—
(A)
added 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)
added identify and measure current gaps in the availability of broadband Internet access service on agricultural land;
(ii)
added 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)
added promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture;
(iv)
added recommend specific new rules or amendments to existing rules of the Commission that the Commission should issue to achieve the goals and purposes of the policy recommendations described in clause (ii);
(v)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Membership—
(A)
added In general— The Task Force shall be—
(i)
added composed of not more than 15 voting members who shall—
(I)
added be selected by the Chairman of the Commission, in consultation with the Secretary; and
(II)
added include—
(aa)
added agricultural producers representing diverse geographic regions and farm sizes, including owners and operators of farms of less than 100 acres;
(bb)
added an agricultural producer representing tribal agriculture;
(cc)
added Internet service providers, including regional or rural fixed and mobile broadband Internet access service providers and telecommunications infrastructure providers;
(dd)
added representatives from the electric cooperative industry;
(ee)
added representatives from the satellite industry;
(ff)
added representatives from precision agriculture equipment manufacturers, including drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies;
(gg)
added representatives from State and local governments; and
(hh)
added representatives with relevant expertise in broadband network data collection, geospatial analysis, and coverage mapping; and
(ii)
added fairly balanced in terms of technologies, points of view, and fields represented on the Task Force.
(B)
added Period of appointment; vacancies—
(i)
added In general— A member of the Committee appointed under subparagraph (A)(i) shall serve for a single term of 2 years.
(ii)
added Vacancies— Any vacancy in the Task Force—
(I)
added shall not affect the powers of the Task Force; and
(II)
added shall be filled in the same manner as the original appointment.
(C)
added Ex-officio member— The Secretary, or a designee of the Secretary, shall serve as an ex-officio, nonvoting member of the Task Force.
(5)
added 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)
added the status of fixed and mobile broadband Internet access service coverage of agricultural land;
(B)
added the projected future connectivity needs of agricultural operations, farmers, and ranchers; and
(C)
added 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)
added Termination— The Commission shall renew the Task Force every 2 years until the Task Force terminates on January 1, 2025.
(c)
added No additional funds authorized— No additional funds is authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized.

Sec. 12512 Improvements to United States Drought Monitor

added
(a)
added In general— The Secretary shall coordinate with the Director of the National Drought Mitigation Center and the Administrator of the National Oceanic and Atmospheric Administration to enhance the collection of data to improve the accuracy of the United States Drought Monitor.
(b)
added 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)
added Review— Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review of—
(1)
added the types of data currently utilized by the United States Drought Monitor;
(2)
added the geographic coverage and density of existing data collection sites; and
(3)
added 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)
added Improvements—
(1)
added In General— Upon the completion of the review prescribed in subsection (c), the Secretary shall—
(A)
added 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)
added 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)
added in-situ soil moisture profile measuring devices;
(ii)
added 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)
added other Federal agencies, State and local governments, and non-Federal entities.
(2)
added Authorization of appropriations— There is to be authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2019 through 2023.

Sec. 12513 Dairy business innovation initiatives

added
(a)
added Definitions— In this section:
(1)
added Dairy business— The term “dairy business” means a business that develops, produces, markets, or distributes dairy products.
(2)
added Initiative— The term “initiative” means a dairy product and business innovation initiative established under subsection (b).
(b)
added Establishment— The Secretary shall establish not less than 3 regionally-located dairy product and business innovation initiatives for the purposes of—
(1)
added diversifying dairy product markets to reduce risk and develop higher-value uses for dairy products;
(2)
added promoting business development that diversifies farmer income through processing and marketing innovation; and
(3)
added encouraging the use of regional milk production.
(c)
added Selection of initiatives— An initiative—
(1)
added 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)
added 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)
added Entities eligible To host initiative—
(1)
added In general— Subject to paragraph (2), any of the following entities may submit to the Secretary an application to host an initiative:
(A)
added A State department of agriculture or other State entity.
(B)
added A nonprofit organization.
(C)
added An institution of higher education.
(D)
added A cooperative extension service.
(2)
added 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)
added a capacity to provide consultation and expertise necessary to advance the purpose and activities of the proposed initiative; and
(B)
added expertise in grant distribution and tracking.
(3)
added Ineligible entity— A dairy promotion program shall not be eligible to host an initiative under this section.
(e)
added Partners—
(1)
added In general— An entity described in subsection (d)(1) may establish as a partner an organization or entity described in paragraph (2)—
(A)
added prior to the submission of the application under that subsection; or
(B)
added after approval of the application, in consultation with the Secretary.
(2)
added 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)
added Activities of initiatives—
(1)
added Direct assistance to dairy businesses— An initiative shall provide nonmonetary assistance directly to dairy businesses through private consultation or widely available distribution—
(A)
added by the entity that hosts the initiative under subsection (d)(1);
(B)
added through contracting with industry experts;
(C)
added through the provision of technical assistance, such as informational websites, webinars, conferences, trainings, plant tours, and field days; or
(D)
added through research institutions, including cooperative extension services.
(2)
added Types of assistance— Eligible forms of assistance include—
(A)
added business consulting, including business plan development for processed dairy products, strategic planning assistance, and distribution and supply chain innovation;
(B)
added 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)
added 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)
added other nonmonetary assistance, as determined by the Secretary.
(3)
added Grants to dairy businesses—
(A)
added In general— An initiative shall provide grants on a competitive basis to new and existing dairy businesses for the purposes of—
(i)
added modernization, specialization, and grazing transition on dairy farms;
(ii)
added value chain and commodity innovation and facility and process updates for dairy processors; and
(iii)
added product development, packaging, and marketing of dairy products.
(B)
added 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)
added Grant amounts— Grants provided under this paragraph shall not exceed $500,000, unless a greater amount is approved by the Secretary.
(4)
added 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)
added Conflict of interest—
(A)
added 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)
added 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)
added Distribution of funds—
(1)
added In general— Using the funds made available to carry out this section, the Secretary—
(A)
added 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)
added is encouraged to award funds under subparagraph (A) in multiyear funding allocations.
(2)
added 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)
added 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)
added dairy farms and dairy businesses with limited access to other forms of assistance;
(B)
added employee-owned dairy businesses;
(C)
added cooperatives; and
(D)
added dairy businesses that seek to create dairy products that add substantial value in processing or marketing, such as specialty cheeses.
(4)
added 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)
added 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)
added a grant under subsection (f)(3).
(5)
added 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)
added 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)
added 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

added
(a)
added In general— Not later than 2 years after the date on which the census of agriculture required to be conducted in calendar year 2017 under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g) is released, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the funding necessary to adequately address the needs of the National Institute of Food and Agriculture, activities carried out under the Smith-Lever Act (7 U.S.C. 341 et seq.), and research and extension programs carried out at an 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)) or an institution designated under the Act of July 2, 1862 (commonly known as the “First Morrill Act”) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.), to provide adequate services for the growth and development of the economies of rural communities based on the changing demographic in the rural and farming communities in the various States.
(b)
added Requirements— In preparing the report under subsection (a), the Secretary shall focus on the funding needs of the programs described in subsection (a) with respect to carrying out activities relating to small and diverse farms and ranches, veteran farmers and ranchers, value-added agriculture, direct-to-consumer sales, and specialty crops.

Sec. 12515 Prohibition on slaughter of dogs and cats for human consumption

added
(a)
added In general— Except as provided in subsection (c), no person may—
(1)
added knowingly slaughter a dog or cat for human consumption; or
(2)
added knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate—
(A)
added a dog or cat to be slaughtered for human consumption; or
(B)
added a dog or cat part for human consumption.
(b)
added Scope— Subsection (a) shall apply only with respect to conduct—
(1)
added in or affecting interstate commerce or foreign commerce; or
(2)
added within the special maritime and territorial jurisdiction of the United States.
(c)
added 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)
added 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)
added Effect On State law— Nothing in this section—
(1)
added limits any State or local law or regulation protecting the welfare of animals; or
(2)
added prevents a State or unit of local government from adopting and enforcing an animal welfare law or regulation that is more stringent than this section.

Sec. 12516 Labeling exemption for single ingredient foods and products

added

added 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

added

added Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking “Virginia and North Carolina” and inserting “Virginia, North Carolina, and South Carolina”.

Sec. 12518 Forest Service hire authority

added
(a)
added 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)
added 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)
added completed a rigorous internship with a land managing agency, such as the Forest Service Resource Assistant Program;
(2)
added successfully fulfilled the requirements of the internship program; and
(3)
added 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)
added Limitation— The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the 2-year period beginning on the date on which the candidate completed the undergraduate or graduate degree, as the case may be, or has successfully fulfilled the requirements of the internship program, whichever is later.

Sec. 12519 Conversion authority

added

added The Secretary may, notwithstanding subchapter I of chapter 33 of title 5, United States Code, governing appointments in the competitive or excepted service, noncompetitively convert to an appointment in the competitive service, in an agency or office within the Department of Agriculture, a recent graduate or student who is a United States citizen and has been awarded and successfully completed a scholarship program granted to the individual by the Department through the 1890 National Scholars Program or the 1994 Tribal Scholars Program carried out by the Department, provided the individual meets the requirements for such conversion and meets Office of Personnel Management qualification standards, as determined by the Secretary. Nothing in the preceding sentence shall be construed as requiring the Secretary to convert an individual under the authority under such sentence.

Sec. 12520 Authorization of protection operations for the Secretary of Agriculture and others

added
(a)
added In general— The Department of Agriculture is authorized to employ qualified law enforcement officers or special agents to provide—
(1)
added 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)
added 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)
added continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and
(4)
added 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)
added Authorities of the protective operation—
(1)
added In general— The Secretary may authorize officers or special agents employed pursuant to subsection (a)—
(A)
added to carry firearms;
(B)
added to conduct criminal investigations into potential threats to the security of persons protected under this section;
(C)
added to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;
(D)
added 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)
added to coordinate with local law enforcement agencies.
(2)
added Guidelines— The authority conveyed under this section shall be exercised in accordance with any—
(A)
added guidelines issued by the Attorney General; and
(B)
added such additional guidelines as may be issued by the Secretary.
(c)
added Exception— The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of title 31, United States Code.
(d)
added 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.

Sec. 12531 National oilheat research alliance

added
(a)
added 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)
added 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:

added “708. Limitation on obligation of funds

added “(a) In general—In each calendar year of the covered period, the Alliance may not obligate an amount greater than the sum of—

added “(1) 75 percent of the amount of assessments estimated to be collected under section 707 in that calendar year;

added “(2) 75 percent of the amount of assessments actually collected under section 707 in the most recent calendar year for which an audit report has been submitted under section 706(f)(2)(B) as of the beginning of the calendar year for which the amount that may be obligated is being determined, less the estimate made pursuant to paragraph (1) for that most recent calendar year; and

added “(3) amounts permitted in preceding calendar years to be obligated pursuant to this subsection that have not been obligated.

added “(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.

added “(c) Treatment of amounts in escrow account

added “(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.

added “(2) Interest—Any interest earned on amounts described in paragraph (1) shall be—

added “(A) deposited in the escrow account; and

added “(B) unavailable for obligation for the duration of the covered period.

added “(d) Release of amounts in escrow account—Beginning on October 1, 2028, the Alliance may withdraw and obligate any amount in the escrow account.

added “(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)
added Conforming amendments— The National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is amended—
(1)
added 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)
added in section 707—
(A)
added 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)
added in subsection (f), by inserting “and permitted to be obligated” after “assessments collected” each place it appears.

Sec. 12601 Baiting of migratory game birds

added
(a)
added Definitions— In this section:
(1)
added 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)
added Post-disaster flooding— The term post-disaster flooding means the destruction of a crop through flooding in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the crop year—
(A)
added in which the natural disaster occurred; or
(B)
added immediately preceding the crop year in which the natural disaster occurred.
(3)
added 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)
added 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)
added Reports— Not less frequently than once each year—
(1)
added 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)
added 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

added

added Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law 113–79) is amended—

(1)
added by striking “2018” each place it appears and inserting “2023”;
(2)
added by striking “calendar year 2013” each place it appears and inserting “the prior calendar year”;
(3)
added in subsection (b)(2)—
(A)
added by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(B)
added in the matter preceding clause (i) (as so redesignated), by striking “(2) Twenty-five” and inserting the following:

added “(2)

added “(A) Except as provided in subparagraph (B), twenty-five”

(C)
added in subparagraph (A)(ii) (as so designated), by striking “subparagraph (A)” and inserting “clause (i)”; and
(D)
added by adding at the end the following:

added “(B)

added “(i) A yarn spinner shall not receive an amount under subparagraph (A) that exceeds the cost of pima cotton that—

added “(I) was purchased during the prior calendar year; and

added “(II) was used in spinning any cotton yarns.

added “(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)
added in subsection (c)—
(A)
added in the matter preceding paragraph (1), by striking “(b)(2)(A)” and inserting “(b)(2)(A)(i)”;
(B)
added in paragraph (2), by striking “and” at the end;
(C)
added in paragraph (3), by striking the period at the end and inserting “; and”; and
(D)
added by adding at the end the following:

added “(4) the dollar amount of pima cotton purchased during the prior calendar year—

added “(A) that was used in spinning any cotton yarns; and

added “(B) for which the producer maintains supporting documentation.”

(5)
added in subsection (e)—
(A)
added 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)
added by striking paragraphs (1) and (2); and
(6)
added 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

added

added Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101 note; Public Law 113–79) is amended—

(1)
added by striking “2019” each place it appears and inserting “2023”;
(2)
added in subsection (b)—
(A)
added in paragraph (1)—
(i)
added in subparagraph (A)—
(I)
added in the matter preceding clause (i), by striking “the payment—” and inserting “the payment, payments in amounts authorized under that paragraph.”; and
(II)
added by striking clauses (i) and (ii); and
(ii)
added in subparagraph (B)—
(I)
added in the matter preceding clause (i), by striking “4002(c)—” and inserting “4002(c), payments in amounts authorized under that paragraph.”; and
(II)
added by striking clauses (i) and (ii); and
(B)
added 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)
added in subsection (c)—
(A)
added 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)
added by striking paragraphs (1) and (2).

Sec. 12604 Wool research and promotion

added

added Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C. 7101 note; Public Law 113–79) is amended by striking “2015 through 2019” and inserting “2019 through 2023”.

Sec. 12605 Emergency Citrus Disease Research and Development Trust Fund

added
(a)
added 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)
added 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)
added 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)
added 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

added

added Section 503 of the United States–Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by striking “February 24, 2027” and inserting “May 26, 2027”.

Sec. 12607 Reports on land access and farmland ownership data collection

added
(a)
added 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)
added the barriers that prevent or hinder the ability of beginning farmers and ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))) and socially disadvantaged farmers and ranchers (as defined in such section) to acquire or access farmland;
(2)
added the extent to which Federal programs, including agricultural conservation easement programs, land transition programs, and financing programs, are improving—
(A)
added farmland access and tenure for beginning farmers and ranchers and socially disadvantaged farmers and ranchers; and
(B)
added farmland transition and succession; and
(3)
added the regulatory, operational, or statutory changes that are necessary to improve—
(A)
added the ability of beginning farmers and ranchers and socially disadvantaged farmers and ranchers to acquire or access farmland;
(B)
added farmland tenure for beginning farmers and ranchers and socially disadvantaged farmers and ranchers; and
(C)
added farmland transition and succession.
(b)
added 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)
added 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)
added 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)
added require the National Agricultural Statistics Service to include in the Tenure, Ownership, and Transition of Agricultural Land survey questions relating to—
(A)
added the extent to which non-farming landowners are purchasing and holding onto farmland for the sole purpose of real estate investment;
(B)
added 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)
added 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)
added the impact of land tenure patterns, categorized by—
(i)
added race, gender, and ethnicity; and
(ii)
added region.
(c)
added Authorization of appropriations— There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal years 2019 through 2023, to remain available until expended.

Sec. 12608 Reauthorization of rural emergency medical services training and equipment assistance program

added

added Section 330J of the Public Health Service Act (42 U.S.C. 254c–15) is amended—

(1)
added in subsection (a), by striking “in rural areas” and inserting “in rural areas or to residents of rural areas”;
(2)
added by striking subsections (b) through (f) and inserting the following:

added “(b) Eligibility; application—To be eligible to receive grant under this section, an entity shall—

added “(1) be—

added “(A) an emergency medical services agency operated by a local or tribal government (including fire-based and non-fire based); or

added “(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

added “(2) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

added “(c) Use of funds—An entity—

added “(1) shall use amounts received through a grant under subsection (a) to—

added “(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);

added “(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;

added “(C) fund specific training to meet Federal or State licensing or certification requirements; and

added “(D) acquire emergency medical services equipment; and

added “(2) may use amounts received through a grant under subsection (a) to—

added “(A) recruit and retain emergency medical services personnel, which may include volunteer personnel;

added “(B) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods; or

added “(C) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration.

added “(d) Grant amounts—Each grant awarded under this section shall be in an amount not to exceed $200,000.

added “(e) Definitions—In this section:

added “(1) The term emergency medical services—

added “(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

added “(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).

added “(2) The term rural area means—

added “(A) a nonmetropolitan statistical area;

added “(B) an area designated as a rural area by any law or regulation of a State; or

added “(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).

added “(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.”

(3)
added in subsection (g)(1), by striking “2002 through 2006” and inserting “2019 through 2023”.

Sec. 12609 Commission on Farm Transitions—Needs for 2050

added
(a)
added 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)
added 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)
added access to, and availability of—
(A)
added quality land and necessary infrastructure;
(B)
added affordable credit;
(C)
added adequate risk management tools; and
(D)
added apprenticeship and mentorship programs;
(2)
added agricultural asset transfer strategies in use as of the date of the enactment of this Act and improvements to such strategies;
(3)
added 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)
added facilitate lifetime and estate transfers; and
(B)
added impact individuals seeking to farm who do not have family farm lineage or access to farmland;
(4)
added the causes of the failures of such transitions, if any; and
(5)
added 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)
added Membership—
(1)
added Composition— The Commission shall be composed of 10 members, as follows:
(A)
added 3 members appointed by the Secretary.
(B)
added 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(C)
added 3 members appointed by the Committee on Agriculture of the House of Representatives.
(D)
added The Chief Economist of the Department of Agriculture.
(2)
added 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)
added 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)
added Term; vacancies—
(A)
added Term— A member shall be appointed for the life of the Commission.
(B)
added Vacancies— A vacancy on the Commission—
(i)
added shall not affect the powers of the Commission; and
(ii)
added shall be filled in the same manner as the original appointment was made.
(5)
added 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)
added 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)
added Chairperson— The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission.
(f)
added 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)
added 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)
added 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)
added 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)
added 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)
added Compensation of members—
(1)
added 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)
added 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)
added 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)
added 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)
added Termination— The Commission shall terminate on September 30, 2023.

Sec. 12610 Exceptions under United States Grain Standards Act

added
(a)
added Geographic boundaries for official agencies— Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended—
(1)
added in subsection (f)(2)—
(A)
added by redesignating subparagraphs (A), (B), and (C) as clauses (i), (iii), and (iv), respectively, and indenting appropriately;
(B)
added in the matter preceding clause (i) (as so redesignated), by striking “Not more” and inserting the following:

added “(A) In general—Subject to subparagraph (B), not more”

(C)
added 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:

added “(B) Exceptions—Subject to subsection (g)(4)(A), if”

(D)
added in subparagraph (B) (as so designated), by inserting after clause (i) the following:

added “(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;”

(E)
added by adding at the end the following:

added “(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).

added “(D) Restoration of certain exceptions

added “(i) Definition of eligible grain handling facility—In this subparagraph, the term “eligible grain handling facility” means a grain handling facility that—

added “(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

added “(II) had that exception revoked between September 30, 2015, and the date of enactment of the Agriculture Improvement Act of 2018.

added “(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—

added “(I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and

added “(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.”

(2)
added in subsection (g), by adding at the end the following:

added “(4) Effect on exceptions

added “(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).

added “(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)
added Unauthorized weighing prohibited— Section 7A(i)(2) of the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended—
(1)
added by redesignating subparagraphs (A) and (B) as clauses (i) and (iii), respectively, and indenting appropriately;
(2)
added in the matter preceding clause (i) (as so redesignated), by striking “Not more” and inserting the following:

added “(A) In general—Subject to subparagraph (B), not more”

(3)
added 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:

added “(B) Exceptions—If”

(4)
added in subparagraph (B) (as so designated)—
(A)
added in clause (i), by striking “or” at the end; and
(B)
added by inserting after clause (i) the following:

added “(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”

(5)
added by adding after subparagraph (B) (as so designated)—

added “(C) Restoration of certain exceptions

added “(i) Definition of eligible grain handling facility—In this subparagraph, the term “eligible grain handling facility” means a grain handling facility that—

added “(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

added “(II) had that exception revoked between September 30, 2015 and the date of enactment of the Agriculture Improvement Act of 2018.

added “(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—

added “(I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and

added “(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)
added 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

added

added Section 14209(a)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking “$10,000” and inserting “$50,000”.

Sec. 12612 National agriculture imagery program

added
(a)
added 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)
added Data— The aerial imagery acquired under this section shall—
(1)
added consist of high resolution processed digital imagery;
(2)
added be made available in a format that can be provided to Federal, State, and private sector entities;
(3)
added be technologically compatible with geospatial information technology; and
(4)
added be consistent with the standards established by the Federal Geographic Data Committee.
(c)
added Supplemental satellite imagery— The Secretary of Agriculture may supplement the aerial imagery collected under this section with satellite imagery.
(d)
added 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

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report examining the effect the establishment of a Natural Stone Research and Promotion Board pursuant to the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7401 et seq.) would have on the natural stone industry, including how such a program would effect—

(1)
added research conducted on, and the promotion of, natural stone;
(2)
added the development and expansion of domestic markets for natural stone;
(3)
added economic activity of the natural stone industry subject to such a Board;
(4)
added economic development in rural areas; and
(5)
added benefits to consumers in the United States of natural stone products.

Sec. 12614 Establishment of food access liaison

added
(a)
added 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:

added “225. Food access liaison

added “(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.

added “(b) Duties—The Food Access Liaison shall—

added “(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;

added “(2) provide outreach to entities engaged in activities to reduce barriers to food access in accordance with the statutory authorization for each program;

added “(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;

added “(4) raise awareness of food access issues in interactions with employees of the Department;

added “(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and

added “(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.”

(b)
added Technical assistance— The Secretary shall provide technical assistance to entities that are participants, or seek to participate, in Department of Agriculture programs related to reduction of barriers to food access.

Sec. 12615 Eligibility for operators on heirs property land to obtain a farm number

added
(a)
added Definitions— In this section:
(1)
added Eligible documentation— The term “eligible documentation”, with respect to land for which a farm operator seeks assignment of a farm number under subsection (b)(1), includes—
(A)
added 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)
added a court order verifying the land meets the definition of heirs property (as defined in that Act); or
(ii)
added 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)
added 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)
added has been approved by a majority of the ownership interests in that property;
(ii)
added 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)
added was validly entered into under the authority of the jurisdiction in which the land is located;
(C)
added 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)
added self-certification that the farm operator has control of the land for purposes of operating a farm or ranch; and
(E)
added any other documentation identified by the Secretary under subsection (c).
(2)
added 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)
added Farm number—
(1)
added 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)
added 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)
added 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

added
(a)
added In general— Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—
(1)
added in subsection (a)—
(A)
added in paragraph (1), by striking “Except as provided in paragraph (3), it” and inserting “It”; and
(B)
added by striking paragraph (3);
(2)
added by striking subsection (d); and
(3)
added by redesignating subsections (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), and (i), respectively.
(b)
added 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)
added 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)
added Enforcement of animal fighting prohibitions— Section 49(a) of title 18, United States Code, is amended by striking “(e)” and inserting “(d)”.
(e)
added Effective date— The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 12617 Exemption of exportation of certain echinoderms from permission and licensing requirements

added
(a)
added Definitions— In this section:
(1)
added 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)
added 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)
added 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)
added 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)
added except as provided in paragraph (2) and subsection (d)(2)—
(A)
added 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)
added any person may engage in business as an exporter of fish or wildlife described in subsection (c) without procuring—
(i)
added permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
(ii)
added an export license under subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations); and
(2)
added notwithstanding paragraph (1), unless the person has qualified for and obtained an export license described in paragraph (1)(B)(ii), any person that has been convicted of 1 or more violations of a Federal law relating to the importation, transportation, or exportation of wildlife shall not be permitted, during the 5-year period beginning on the date of the most recent conviction, to engage in business as an exporter of fish or wildlife described in subsection (c).
(c)
added 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)
added do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations (or successor regulations);
(2)
added
(A)
added are harvested in waters under State jurisdiction; or
(B)
added 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)
added are exported for purposes of human or animal consumption.
(d)
added Information collection on exports—
(1)
added 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)
added 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)
added Exclusion— The exemption under subsection (b)(1) shall not apply in a State if—
(A)
added the State fails to transmit the data required under paragraph (1); or
(B)
added 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

added

added 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:

added “1247. Data on conservation practices

added “(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).

added “(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—

added “(1) a summary of the data sets identified under subsection (a);

added “(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;

added “(3) a summary of safeguards the Secretary employs when providing access to data to university researchers;

added “(4) a summary of appropriate procedures to maximize the potential for research benefits while preventing any violations of privacy or confidentiality; and

added “(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

added
(a)
added In general— Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(1)
added by striking “(16) The” and inserting “(16)(A) Subject to subparagraph (B), the”; and
(2)
added by striking “Such term does not include the” and inserting the following:

added “(B) The term marihuana does not include—

added “(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

added “(ii) the”

(b)
added 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)”.