H.R. 2 — what changed

“(3) Exceptions

“(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)).

“(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.”

“(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).”

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

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

changed “(B) irrigation-related structural practices; orpractices;

changed “(C) a transition the use of existing drainage systems, or to water-conserving crops upgrade drainage systems, to provide irrigation or water-conserving crop rotations.”water efficiency; or

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

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

changed “(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.

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

“(i) eligible land of a producer; or

changed “(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.

“(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.

“(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.”

“(j) Stewardship contracts

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

“(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.

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

“(2) Contracts

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

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

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

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

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

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

“(3) Stewardship payments

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

“(i) adopting and installing stewardship practices; and

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

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

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

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

“(iii) income foregone by the producer; and

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

“(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.

“(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.”

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”

“(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”

“(d) Minimum Funding

“(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—

“(A) not less than 0.2 percent to be used for programs in developing countries; and

“(B) not less than 0.1 percent to be used for programs in sub-Saharan African and Caribbean Basin countries.

“(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).”

added “(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—

added “(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

added “(2) store the data resulting from such geographically defined crop yield metrics system in a publicly available Internet database system.

added “(g) 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 for fiscal years 2019 through 2023 to facilitate new and innovative partnerships and activities under this title.

added “(2) Use of funds—Grant recipients under this subsection shall use such funds—

added “(A) to prioritize new implementing partners;

added “(B) on innovative volunteer models;

added “(C) on strategic partnerships with other United States development programs; and

added “(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.

added “(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.”

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:

“1473G. Borlaug International Agricultural Science and Technology Fellowship Program

“(a) Fellowship program

“(1) Establishment—The Secretary shall establish a fellowship program, to be known as the “Borlaug International Agricultural Science and Technology Fellowship Program”.

“(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:

“(A) A graduate studies program in agriculture to assist individuals who participate in graduate agricultural degree training at a United States institution.

“(B) An individual career improvement program to assist agricultural scientists from developing countries in upgrading skills and understanding in agricultural science and technology.

“(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.

“(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.

“(b) Eligible country described—For purposes of this section, an eligible country is a developing country, as determined by the Secretary using a gross national income per capita test selected by the Secretary.

“(c) Purpose of fellowships

“(1) Fellowships to individuals from eligible countries—A fellowship provided under subsection (a)(2) shall—

“(A) promote food security and economic growth in eligible countries by—

“(i) educating a new generation of agricultural scientists;

“(ii) increasing scientific knowledge and collaborative research to improve agricultural productivity; and

“(iii) extending that knowledge to users and intermediaries in the marketplace; and

“(B) support—

“(i) training and collaborative research opportunities through exchanges for entry level international agricultural research scientists, faculty, and policymakers from eligible countries;

“(ii) collaborative research to improve agricultural productivity;

“(iii) the transfer of new science and agricultural technologies to strengthen agricultural practice; and

“(iv) the reduction of barriers to technology adoption.

“(2) Fellowships to United States citizens—A fellowship provided under subsection (a)(3) shall—

“(A) develop globally minded United States agriculturists with experience living abroad;

“(B) focus on meeting the food and fiber needs of the domestic population of eligible countries; and

“(C) strengthen and enhance trade linkages between eligible countries and the United States agricultural industry.

“(d) Fellowship recipients

“(1) Fellowships to individuals from eligible countries

“(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—

“(i) individuals from the public and private sectors; and

“(ii) private agricultural producers.

“(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.

“(C) Location of training—The scientific training or study of fellowship recipients under subsection (a)(2) shall occur—

“(i) in the United States; or

“(ii) at a college or university located in an eligible country that the Secretary determines—

“(I) has sufficient scientific and technical facilities;

“(II) has established a partnership with at least one college or university in the United States; and

“(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.

“(2) Fellowships to United States citizens

“(A) Eligible candidates—The Secretary may provide fellowships under subsection (a)(3) to citizens of the United States who—

changed “(i) hold at least a bachelors bachelor’s degree in an agricultural related field of study; and

“(ii) have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary.

“(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.

“(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—

“(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

“(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.

“(f) Authorization of appropriations

“(1) In general—There are authorized to be appropriated $6,000,000 to carry out this section.

“(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).

“(3) Duration—Any funds made available pursuant to paragraph (1) shall remain available until expended.”

“30. Duplicative enrollment database

“(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.

“(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.

“(c) Implementation

“(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—

“(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));

“(B) protect the privacy of supplemental nutrition assistance program participants and applicants consistent with section 11(e)(8); and

“(C) detail the process States will be required to follow for—

“(i) conducting initial and ongoing matches of participant and applicant data;

“(ii) identifying and acting on all apparent instances of duplicative participation by participants or applicants in multiple States;

“(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

“(iv) complying with such other rules and standards the Secretary determines appropriate to carry out this section.

“(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.

“(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.”

“(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—

“(A) the social security number or the social security number substitute;

“(B) the employment status of such member;

“(C) the amount of income and whether that income is earned or unearned;

changed “(D) that member’s portion of the household monthly allotment, allotment; and

changed “(E) the portion of the aggregate value of household assets attributed to that member.”member; and”

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as amended by section 4001, is amended by adding at the end the following:

“31. Retailer-funded incentives pilot

“(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.

“(b) Definitions—For purposes of this section—

“(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.

“(2) The term fluid milk means cow milk without flavoring or sweeteners and packaged in liquid form.

“(3) The term fruits means minimally processed fruits.

“(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.

“(5) The term vegetables means minimally processed vegetables.

“(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—

“(1) a method of quantifying the cost of fruits, vegetables, and fluid milk, that will earn households a bonus;

“(2) a method of providing bonuses to participating households and adequately testing such method;

“(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;

“(4) a method of educating participating households about the availability and use of a bonus;

“(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

“(6) such other criteria, including security criteria, as established by the Secretary.

“(d) Pilot project requirements—Retail food stores with plans approved under subsection (c) to participate in the pilot project established under subsection (a) shall—

“(1) provide a bonus in a dollar amount not to exceed 10 percent of the price of the purchased fruits, vegetables, and fluid milk;

“(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;

“(3) ensure that bonuses earned by households may be used only to purchase food eligible for purchase under the supplemental nutrition assistance program; and

“(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.

“(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).

changed “(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.

“(g) Reimbursements

“(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.

“(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.

“(3) Requirements

“(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).

“(B) Distribution of reimbursements

“(i) Monthly payments—Reimbursements payable under this subsection shall be paid on a monthly basis.

“(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.

“(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.”

“(III) has adequate plans to collect data for reporting and agrees to participate in a program evaluation; and”

“(B) Priorities—In awarding grants under this section—

“(i) the Secretary shall give priority to projects that—

“(I) maximize the share of funds used for direct incentives to participants;

changed “(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;organizations; and

“(III) have the capacity to generate sufficient data and analysis to demonstrate effectiveness of program incentives; and

“(ii) the Secretary may also give priority to projects that—

“(I) are located in underserved communities;

“(II) use direct-to-consumer sales marketing;

“(III) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers;

“(IV) provide locally or regionally produced fruits and vegetables;

“(V) offer supplemental services in high-need communities, including online ordering, transportation between home and store, and delivery services;

changed “(VI) provide year-round access to program incentives; andor

“(VII) address other criteria as established by the Secretary.”

“(4) Training, evaluation, and information center

“(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—

“(i) offering incentive program training and technical assistance to applicants and grantees to the extent practicable;

“(ii) collecting, evaluating, and sharing information on best practices on common incentive activities;

“(iii) assisting with collaboration among grantee projects, State agencies, and nutrition education programs;

“(iv) facilitating communication between grantees and the Department of Agriculture; and

“(v) compiling program data from grantees and generating an annual report to Congress on grant outcomes.

“(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—

“(i) nongovernmental organizations;

“(ii) State cooperative extension services;

“(iii) regional food system centers;

“(iv) Federal and State agencies;

“(v) public, private, and land-grant colleges and universities; and

“(vi) other appropriate entities as determined by the Secretary.

“(C) Funding limitation—Of the funds made available under subsection (c), the Secretary may use to carry out this paragraph not more than—

“(i) $2,000,000 for each of the fiscal years 2019 and 2020, and

“(ii) $1,000,000 for each fiscal year thereafter.”

“(D) $45,000,000 for fiscal year 2019;

“(E) $50,000,000 for fiscal year 2020;

“(F) $55,000,000 for fiscal year 2021;

“(G) $60,000,000 for fiscal year 2022; and

“(H) $65,000,000 for fiscal year 2023 and each fiscal year thereafter.”

changed Section Effective October 1, 2020, section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—

changed “(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—

“(I) a minimum of 20 hours per week, averaged monthly in fiscal years 2021 through 2025; or

“(II) a minimum of 25 hours per week, averaged monthly in fiscal years 2026 and each fiscal year thereafter;”

“(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.”

“(A) Definition of work program—In this subsection, the term work program means—

“(i) a program under title I of the Workforce Innovation and Opportunity Act;

changed “(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and2296);

changed “(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).”(4);

added “(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.”

changed “(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 paragraph paragraphs (4) and (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (D), (C), and (C) (D) of subsection (h)(1)) as those provisions were in effect on the day before the effective date of this subparagraph.

“(E) Ineligibility

“(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).

“(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—

“(I) the date that is 12 months after the date the individual became ineligible;

“(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

“(III) the date that the individual is no longer subject to the requirements of subparagraph (B);

“(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—

“(I) the date that is 36 months after the date the individual became ineligible;

“(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or

“(III) the date the individual is no longer subject to the requirements of subparagraph (B);

“(F) Waiver

changed “(i) In general—On the request of a State agency, 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—

“(I) has an unemployment rate of over 10 percent;

“(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;

changed “(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 6 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

“(IV) is in a State—

“(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

“(bb) in which temporary or emergency unemployment compensation is being provided under any Federal law.

“(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.

“(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.

“(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).

changed “(G) 15-percent Percentage exemption

“(i) Definitions—In this subparagraph:

“(I) Caseload—The term caseload means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.

“(II) Covered individual—The term covered individual means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to the applicability of subparagraph (B), who—

“(aa) is not eligible for an exception under paragraph (2);

changed “(bb) does not reside in an area covered by a waiver granted under subparagraph (F); and(F).

removed “(cc) is not complying with subparagraph (B).

“(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.

added “(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.

changed “(iii) “(iv) Fiscal year 2021 2026 and thereafter—Subject to clauses (iv) (v) and (v), (vi), for fiscal year 2021 2026 and each subsequent fiscal year, 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 15 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.

changed “(iv) “(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.

changed “(v) “(vi) Reporting requirements

“(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.

“(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.

changed “(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.”Act.

added “(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.”

“(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.”

“(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.”

“(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.”

added “(5) is—

added “(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

added “(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”

“(i) $90,000,000 for fiscal year 2019;

“(ii) $250,000,000 for fiscal year 2020; and

“(iii) $1,000,000,000 for each fiscal year thereafter.”

“(ii) takes into account—

“(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

“(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).”

added “(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.”

“(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.”

removed “(A) Definition of earned income—In this paragraph, the term ‘‘earned income’’ does not include income excluded by subsection (d).”

added “(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.”

Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14) is amended—

“(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.”

“(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.”

“(I) provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods;

“(II) ensures that all recipients, including those without access to mobile payment technology and those who shop across State borders, have a means of benefit access;

changed “(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, including any fees not described in paragraph (13);technologies;

“(IV) requires that foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary;

“(V) ensures adequate documentation for each authorized transaction, adequate security measures to deter fraud, and adequate access to retail food stores that accept benefits accessed through mobile technologies, as determined by the Secretary;

changed “(VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits; andbenefits;

changed “(VII) meets other criteria as established by requires that the Secretary.”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.”

“(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.”

“(iii) Priority—The Secretary may prioritize demonstration project proposals that would—

“(I) reduce fraud;

“(II) encourage positive nutritional outcomes; and

“(III) meet such other criteria as determined by the Secretary.”

changed “(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.”

“(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.”

“(l) Requirement to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway

“(1) Definitions—For purposes of this section:

changed “(A) The term independent “independent sales organization organization” means a person or entity that—

“(i) is not a third-party processor; and

“(ii) engages in sales or service to retail food stores with respect to point-of-sale equipment necessary for electronic benefit transfer transaction processing.

“(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.

“(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.

“(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.

“(3) Requirements to route transactions—The Secretary shall—

“(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;

“(B) ensure redundancy for processing of transactions;

“(C) ensure real-time monitoring of transactions;

“(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;

“(E) ensure the security of transactions by using the most effective technology available that the Secretary considers to be appropriate and cost-effective; and

“(F) ensure that all transactions are routed through such gateway.

“(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.

“(5) Routing of transactions through a national gateway

“(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.

“(B) Feasibility study—The feasibility study conducted under subparagraph (A) shall provide, at a minimum, all of the following:

“(i) A comprehensive analysis of opportunities and challenges presented by implementation of such gateway.

“(ii) One or more options for carrying forward each of such opportunities and for mitigating each of such challenges.

“(iii) Data for purposes of analyzing the implementation of, and on-going cost of managing, such gateway.

“(iv) One or more models for cost-neutral on-going operation of a national gateway.

“(v) Other criteria, including security criteria, established by the Secretary.

“(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.

“(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.

“(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.

“(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).

“(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).

“(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.

“(A) Purpose—The Secretary shall ensure that fees are collected and used solely for the operation of the gateway.

“(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.

“(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.”

“(a) Definitions—As used in this section:

“(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—

“(A) an individual eligible for benefits under—

“(i) this Act;

changed “(ii) sections 9(b)(1)(A) and 17(c)(4) of the Richard B B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or

“(iii) section 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)(A));

“(B) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or

“(C) such other low-income individual as is determined to be eligible by the Secretary.

“(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).”

“(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—

“(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

“(B) partner with other public and private entities as appropriate to optimize program delivery.”

“(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.”

“(G) for fiscal year 2019, $485,000,000; and

“(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.”

“(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.”

“(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.”

“(2) Authorization and advance availability of appropriations

“(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.

“(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.

added “(C) Other funds—Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1).

added “(D) Funds Availability—Funds appropriated under this paragraph shall remain available for obligation for a period of 2 fiscal years.”

removed “(C) Other funds—Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1).”

“(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.”

The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—

changed Section 1114(a)(2)(A) 5(g) of the Agriculture and Food Consumer Protection Act of 1981 1973 (7 U.S.C. 1431e(a)(2)(A)) 612c note) is amended by striking “2018 ” and inserting “2023”.amended—

added “(1) In general—Except”

added “(2) Certification

added “(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.

added “(B) Minimum certification period—Subject to subparagraph (C), a State shall establish a certification period of not less than 1 year.

added “(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—

added “(i) verifies the address and continued interest of each participant in receiving program benefits; and

added “(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.”

“608. Temporary prioritization of rural health Assistance

“(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.

“(b) Content of announcement—In the announcement, the Secretary shall—

changed “(1) specify the nature of the emergency affecting the heath health of rural Americans;

“(2) describe the actual and potential effects of the emergency on the rural United States;

“(3) identify the services and treatments which can be used to reduce those effects; and

changed “(4) publish the specific temporary changes needed to assist rural communities in responding to the emergencyemergency.

“(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.

“(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.

“(e) Expiration—An announcement under subsection (a) shall expire on the earlier of—

“(1) the date the Secretary determines that the emergency has ended; or

“(2) the end of the 360-day period beginning with the later of—

“(A) the date the announcement was made; or

“(B) the date the announcement was most recently extended.”

“(5) Procedure during temporary reprioritizations

“(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).

“(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.”

“(27) Procedure during temporary reprioritizations

“(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—

“(i) to develop facilities to provide services related to reducing the effects of the health emergency, including—

“(I) prevention services;

“(II) treatment services;

“(III) recovery services; or

“(IV) any combination of those services; and

“(ii) that employ staff that have appropriate expertise and training in how to identify and treat individuals affected by the emergency.

“(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.”

“(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.”

Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended by adding at the end the following:

“604. Incentives for hard to reach communities

“(a) Definitions—In this section:

“(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.

“(2) Density

changed “(A) In general—The term density means service points per road mile.road-mile.

“(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—

“(i) divides the total number of service points by the total number of road-miles in a proposed service territory;

“(ii) requires an applicant to count all potential service points in a proposed service territory; and

“(iii) includes any other requirements the Secretary deems necessary to protect the integrity of the program.

“(3) Eligible project—The term eligible project means any project for which the applicant—

changed “(A) has submitted an application for an associated loan; andloan;

“(B) does not receive any other broadband grant administered by the Rural Utilities Service; and

“(C) proposes to—

“(i) offer retail broadband service to rural households;

“(ii) serve an area with a density of less than 12;

“(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;

“(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

“(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.

“(4) Service point—The term service point means a home, business, or institution in a proposed service area.

“(5) Road-mile—The term road-mile means a mile of road in a proposed service area.

“(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.

“(c) Applications—The Secretary shall establish an application process for grants under this section that—

“(1) has 1 application window per year;

“(2) permits a single application for the grant and the associated loan; and

“(3) provides a single decision to award the grant and the associated loan.

“(d) Priority—In making grants under this section, the Secretary shall prioritize applications in which the applicant proposes to—

“(1) provide the highest quality of service as measured by—

“(A) network speed;

“(B) network latency; and

“(C) data allowances;

“(2) serve the greatest number of service points; and

“(3) use the greatest proportion of non-Federal dollars.

“(e) Amount—The Secretary shall make each grant under this section in an amount that is—

“(1) not greater than 75 percent of the total project cost with respect to an area with a density of less than 4;

“(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

“(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.

“(f) Terms and conditions—With respect to a grant provided under this section, the Secretary shall require that—

“(1) the associated loan is secured by the assets purchased with funding from the grant and from the loan;

“(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

“(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.

“(g) Payment assistance for certain applicants under this title

“(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.

“(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.

“(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.

“(4) Condition—The Secretary shall condition any payment assistance provided under paragraph (1) on—

“(A) the applicant fulfilling the terms and conditions of the grant agreement under which the payment assistance will be provided; and

“(B) completion of the milestones and objectives agreed to under paragraph (3).

“(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).

“(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.

“(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.”

Section 379H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008v) is amended to read as follows:

“379H. Strategic economic and community development

“(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—

“(1) meets the applicable eligibility requirements of this title or other applicable authorizing law;

“(2) will be carried out in a rural area; and

“(3) supports the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis.

“(b) Reserve

“(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.

“(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.

“(c) Approved applications

“(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).

“(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.

“(d) Strategic community investment plans

“(1) In general—The Secretary shall provide assistance to rural communities for developing strategic community investment plans.

“(2) Plans—A strategic community investment plan described in paragraph (1) shall include—

“(A) a variety of activities designed to facilitate a rural community’s vision for its future;

“(B) participation by multiple stakeholders, including local and regional partners;

“(C) leverage of applicable regional resources;

“(D) investment from strategic partners, such as—

“(i) private organizations;

“(ii) cooperatives;

“(iii) other government entities;

changed “(iv) tribes; Tribes; and

“(v) philanthropic organizations;

“(E) clear objectives with the ability to establish measurable performance metrics;

“(F) action steps for implementation; and

“(G) any other elements necessary to ensure that the plan results in a comprehensive and strategic approach to rural economic development, as determined by the Secretary.

“(3) Coordination—The Secretary shall coordinate with tribes and local, State, regional, and Federal partners to develop strategic community investment plans under this subsection.

“(4) Limitations on authorization of appropriations

“(A) In general—There is authorized to be appropriated $5,000,000 for fiscal years 2018 through 2023 to carry out this subsection.

“(B) Availability—The amounts made available to carry out this subsection are authorized to remain available until expended.”

“(a) Guarantees

“(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.

“(2) Terms—A bond or note guaranteed under this section shall—

“(A) have a term of 35 years; and

“(B) by agreement between the Secretary and the borrower, be repaid by the borrower by—

“(i) periodic installments of principal and interest;

“(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

“(iii) a combination of the methods for repayment provided under clauses (i) and (ii).”

“(2) Rural economic development subaccount—The Secretary”

“313B. Rural development loans and grants

“(a) In general—The Secretary shall provide grants or zero interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects, including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of fostering rural development.

“(b) Repayments—In the case of zero interest loans, the Secretary shall establish such reasonable repayment terms as will encourage borrower participation.

“(c) Proceeds—All proceeds from the repayment of such loans made under this section shall be returned to the subaccount that the Secretary shall maintain in accordance with sections 313(b)(2) and 313B(f).

“(d) Number of grants—Loans and grants required under this section shall be made during each fiscal year to the full extent of the amounts made available under subsection (e).

“(e) Funding

“(1) Discretionary funding—In addition to other funds that are available to carry out this section, there is authorized to be appropriated not more than $10,000,000 for each of fiscal years 2019 through 2023 to carry out this section, to remain available until expended.

“(2) Other funds—In addition to the funds described in paragraph (1), the Secretary shall use to provide grants and loans under this section—

“(A) the interest differential sums credited to the subaccount described in subsection (c); and

“(B) subject to section 313A(e)(2), the fees described in subsection (c)(4) of such section.

“(f) Maintenance of account—The Secretary shall maintain the subaccount described in section 313(b)(2), as in effect in fiscal year 2017, for purposes of carrying out this section.”

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—

“(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.”

changed “(k) Wood and Wood-based 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.”

“(4) Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Delta Regional Authority and shall be entitled to all rights and privileges that said membership affords to all other participating States in the Delta Regional Authority.”

added “(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.”

removed Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1445 (7 U.S.C. 3222) the following new section:

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.”

changed Section 1447(b) Subtitle G 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”.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 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—

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) Amount of grant—Each grant made under this section shall be in the amount of $1,000,000.

added “(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.”

changed Section 1447B(d) 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) 3222b(b)) is amended by striking “2018” and inserting “2023”.

changed Section 1455(c) 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) 3222b–2(d)) is amended by striking “2018” and inserting “2023”.

changed Subtitle C Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) 3241(c)) 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. ”

changed Section 1459A(c)(2) Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) 3151 et seq.) is amended by striking “2018” and inserting “2023”.adding at the end the following new section:

added “1419C. Land-grant designation

added “(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.

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 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221; 3222; 3222b).

added “(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

added “(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.”

changed Section 1462 1459A(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310) 3292b(c)(2)) is amended—amended by striking “2018” and inserting “2023”.

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.”

changed The Section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1462 (7 U.S.C. 3310) the following new section:is amended—

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.”

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.”

changed Section 1463 of the The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking “2018” each place it appears in subsections (a) and (b) and inserting “2023”.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.”

changed Section 1464 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) 3311) is amended by striking “2018” each place it appears in subsections (a) and (b) and inserting “2023”.

changed Section 1473D 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) 3312) is amended—amended by striking “2018” and inserting “2023”.

changed Section 1473F(b) 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) 3319d) is amended by striking “2018” and inserting “2023”.amended—

changed Section 1477(a)(2) 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) 3319i(b)) is amended by striking “2018” and inserting “2023”.

changed Section 1483(a)(2) 1477(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) 3324(a)(2)) is amended by striking “2018” and inserting “2023”.

changed Section 1484 1483(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) 3336(a)(2)) is amended—amended by striking “2018” and inserting “2023”.

removed “(3) $30,000,000 for each of fiscal years 2019 through 2023.”

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.”

added Section 1484 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended—

added “(3) $30,000,000 for each of fiscal years 2019 through 2023.”

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.”

removed Section 1492(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371(d)) is amended by striking paragraph (5).

Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended—

“(11) Macadamia tree health initiative—Research and extension grants may be made under this section for the purposes of—

“(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and

“(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid.

“(12) National turfgrass research initiative—Research and extension grants may be made under this section for the purposes of—

“(A) carrying out or enhancing research related to turfgrass and sod issues;

“(B) enhancing production and uses of turfgrass for the general public;

“(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;

“(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas;

“(E) producing turfgrasses that—

“(i) aid in mitigating soil erosion;

“(ii) protect against pollutant runoff into waterways; or

“(iii) provide other environmental benefits;

“(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;

“(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and

“(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests.

“(13) Fertilizer management initiative

“(A) In general—Research and extension grants may be made under this section for the purpose of carrying out research to improve fertilizer use efficiency in crops—

“(i) to maximize crop yield; and

“(ii) to minimize nutrient losses to surface and groundwater and the atmosphere.

“(B) Priority—In awarding grants under subparagraph (A), the Secretary shall give priority to research examining the impact of the source, rate, timing, and placement of plant nutrients.

“(14) Cattle fever tick program—Research and extension grants may be made under this section to study cattle fever ticks—

“(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks;

“(B) to develop advanced methods for eradication of cattle fever ticks, including—

“(i) alternative treatment methods for cattle and other susceptible species;

“(ii) field treatment for premises, including corral pens and pasture loafing areas;

“(iii) methods for treatment and control on infested wildlife;

“(iv) biological control agents; and

“(v) new and improved vaccines;

“(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks;

“(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health;

“(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and

“(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices.

“(15) Laying hen and turkey research program—Research grants may be made under this section for the purpose of improving the efficiency and sustainability of laying hen and turkey production through integrated, collaborative research and technology transfer. Emphasis may be placed on laying hen and turkey disease prevention, antimicrobial resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions.

changed “(16) Algae agriculture research program—Research Chronic wasting disease—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).”projects relating to 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).”

“(F) size-controlling rootstock systems for perennial crops;”

“(A) threats to specialty crop pollinators; and”

“(B) emerging and invasive species;”

“(A) pesticide application systems and certified drift-reduction technologies; and

“(B) systems to improve and extend storage life of specialty crops;”

“(4) efforts to promote a more effective understanding and use of existing natural enemy complexes;”

“(A) technologies that delay or inhibit ripening;”

“(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

“(E) effective systems for pre- and post-harvest management of quarantine pests; and”

“(13) section 7604 of the Agriculture and Nutrition Act of 2018.”

“(3) to conserve forest land that provides habitat for species described in section 502(b)(1); and”

“(b) Eligibility—To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—

“(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or

“(2) improve the well-being of a species that—

“(A) is—

“(i) not listed as endangered or threatened under such section; and

“(ii) a candidate for such listing, a State-listed species, or a special concern species; or

“(B) is deemed a species of greatest conservation need by a State wildlife action plan.”

“(2) conserve forest lands that provide habitat for species described in subsection (b)(1); and”

“(ii) a 10-year, cost-share agreement;

“(iii) a permanent easement; or

“(iv) any combination of the options described in clauses (i) through (iii).”

“(B) secondarily, species that—

“(i) are—

“(I) not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and

“(II) candidates for such listing, State-listed species, or special concern species; or

“(ii) are species of greatest conservation need, as identified in State wildlife action plans.”

“(b) Practices—The restoration plan shall require such restoration practices and measures, as are necessary to restore and enhance habitat for species described in section 502(b), including the following:

“(1) Land management practices.

“(2) Vegetative treatments.

“(3) Structural practices and measures.

“(4) Other practices and measures.”

“(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or

“(B) to reduce hazardous fuels.”

Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—

added “(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)).

added “(11) County—The term “county” has the meaning given the term in section 2 of title 1, United States Code.”

removed “(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));”

Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—

“(1) enhance the competitiveness of specialty crops;

“(2) leverage efforts to market and promote specialty crops;

“(3) assist producers with research and development;

“(4) expand availability and access to specialty crops;

“(5) address local, regional, and national challenges confronting specialty crop producers; and

changed “(6) address other priorities as determined by the Secretary in consultation with relevant State departments of agriculture.”

“(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—

“(A) develop, in consultation with the Secretary, performance measures to be used as the sole means for performing an evaluation under subparagraph (B); and

“(B) periodically evaluate the performance of the program established under this section.”

“(c) Satellite offices and overseas operations—The Secretary—

“(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

“(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.”

“(n) Petitions

“(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.

“(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.

“(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.”

changed “(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 in on the National List.”

“(d) Collaborative investigations and enforcement

“(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.

“(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—

“(A) the Automated Commercial Environment system of U.S. Customs and Border Protection; and

“(B) the Phytosanitary Certificate Issuance and Tracking system of the Animal and Plant Health Inspection Service.

“(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.”

“(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.”

“(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—

“(1) $15,000,000 for fiscal year 2018;

“(2) $16,500,000 for fiscal year 2019;

“(3) $18,000,000 for fiscal year 2020;

“(4) $20,000,000 for fiscal year 2021;

“(5) $22,000,000 for fiscal year 2022; and

“(6) $24,000,000 for fiscal year 2023.”

“(c) Modernization and improvement of international trade technology systems and data collection

“(1) In general—The Secretary shall modernize international trade tracking and data collection systems of the national organic program.

“(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.

“(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—

“(A) carrying out this subsection; and

“(B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018.

“(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.”

“(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.”

changed “(A) In general—The Administrator;”Administrator”

“(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.”

“(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).

“(C) Species information and data

“(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—

“(I) the location, life history, habitat needs, distribution, threats, population trends and conservation needs of such species; and

“(II) relevant physical and biological features of designated critical habitat for such species.

“(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.

“(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).

“(D) Consultation

“(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.

“(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.

“(E) Failure to consult

“(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.

“(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.

“(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.”

“(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:

“(I) With respect to any active ingredient first registered on or before October 1, 2007, not later than October 1, 2026.

“(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.

“(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.”

changed 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 Department of Agriculture 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.

“10409B. National Animal Disease Preparedness and Response Program

“(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.

“(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:

“(1) A State department of agriculture.

“(2) The office of the chief animal health official of a State.

“(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)).

“(4) A college of veterinary medicine, including a veterinary emergency team at such college.

“(5) A State or national livestock producer organization with direct and significant economic interest in livestock production.

“(6) A State emergency agency.

“(7) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association.

“(8) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

“(9) A Federal agency.

“(c) Activities

“(1) Program activities—Activities under the National Animal Disease Preparedness and Response Program shall include, to the extent practicable, the following:

“(A) Enhancing animal pest and disease analysis and surveillance.

“(B) Expanding outreach and education.

“(C) Targeting domestic inspection activities at vulnerable points in the safeguarding continuum.

“(D) Enhancing and strengthening threat identification and technology.

“(E) Improving biosecurity.

“(F) Enhancing emergency preparedness and response capabilities, including training additional emergency response personnel.

“(G) Conducting technology development and enhancing electronic sharing of animal health data for risk analysis between State and Federal animal health officials.

“(H) Enhancing the development and effectiveness of animal health technologies to treat and prevent animal disease, including—

“(i) veterinary biologics and diagnostics;

“(ii) animal drugs for minor use and minor species; and

“(iii) animal medical devices.

“(I) Such other activities as determined appropriate by the Secretary, in consultation with eligible entities specified in subsection (b).

“(2) Priorities—In entering into cooperative agreements or other legal instruments under subsection (b), the Secretary shall give priority to applications submitted by—

“(A) a State department of agriculture or an office of the chief animal health official of a State; or

“(B) an eligible entity that will carry out program activities in a State or region—

“(i) in which an animal pest or disease is a Federal concern; or

“(ii) which the Secretary determines has potential for the spread of an animal pest or disease after taking into consideration—

“(I) the agricultural industries in the State or region;

“(II) factors contributing to animal 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

“(III) the movement of animals in the State or region.

“(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.

“(d) Application

“(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.

“(2) Notification—The Secretary shall notify each applicant of—

“(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

“(B) the criteria to be used to ensure activities supported using such funds are based on sound scientific data or thorough risk assessments.

“(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—

“(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

“(B) shall not require such an entity to make such a contribution.

“(e) Use of funds

“(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.

“(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.

“(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.”

“10409C. National Animal Health Vaccine Bank

“(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.

“(b) Elements of vaccine bank—Through the National Animal Health Vaccine Bank, the Secretary shall—

“(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

“(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.

“(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.”

“(d) Availability of funds for specified purposes

“(1) Mandatory funding

“(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—

“(i) $30,000,000 shall be made available to carry out the National Animal Health Laboratory Network under section 10409A;

“(ii) $70,000,000 shall be made available to carry out the National Animal Disease Preparedness and Response Program under section 10409B; and

“(iii) $150,000,000 shall be made available to establish and maintain the National Animal Health Vaccine Bank under section 10409C.

“(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.

“(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.

changed “(3) Administrative costs—Of the funds made available under subparagraphs (A)(i), (A)(ii), and (B) and subparagraph (B) of paragraph (1), not more than four percent may be retained by the Secretary to pay administrative costs incurred by the Secretary (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. 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 and (B) of such paragraph, 10409B, not more than ten 10 percent may be retained by an eligible entity to pay administrative costs incurred by the eligible entity to carry out such program.

“(4) Duration of availability—Funds made available under this subsection, including any proceeds credited under paragraph (5), shall remain available until expended.

“(5) Proceeds from vaccine sales—Any proceeds of a sale of vaccine or antigen from the National Animal Health Vaccine Bank shall be—

“(A) deposited into the Treasury of the United States; and

changed “(B) credited to the account for the operation of the National Animal Health Vaccine Bank.Bank to be made available for expenditure without further appropriation.

“(6) Limitations on use of funds for certain purposes—Funds made available under the National Animal Health Laboratory Network, the National Animal Disease Preparedness and Response Program, and the 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.”

“10417. Funding”

added 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:

added “(i) State beginning farmer and rancher coordinator

added “(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.

added “(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.

added “(3) Duties—The coordinator shall—

added “(A) coordinate technical assistance at the State level to help beginning farmers and ranchers gain access to programs of the Department;

added “(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

added “(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.”

removed “(iv) limited resource producers;

removed “(v) veteran farmers and ranchers; and

removed “(vi) Tribal farmers and ranchers; and”

removed “(C) to promote youth outreach.”

added “(iv) limited resource producers;

added “(v) veteran farmers and ranchers; and

added “(vi) Tribal farmers and ranchers; and”

added “(C) to promote youth outreach.”

changed Subtitle A Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 220 (7 U.S.C. 6920) the following new section:6921) is amended to read as follows:

changed “221. Agricultural youth organization coordinator“309. Office of tribal relations

changed “(a) Authorization—The Establishment—The Secretary shall establish maintain in the Department the position Office of Agricultural Youth Organization Coordinator.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.

changed “(b) Duties—The Agricultural Youth Organization Coordinator shall—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.”

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.”

added “223. 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.”

removed Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended—

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.”

changed The Secretary shall establish a program under which Section 3a of the Secretary recognizes any farm that—Act of March 3, 1927 (7 U.S.C. 473a), is amended—

added “(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.”

added The Secretary shall establish a program under which the Secretary recognizes any farm that—

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:

changed The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at Not later than 180 days after the end 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 new section:information, with respect to the importation of dogs into the United States:

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.”