--- kind: "diff" citation: "H.R. 2" bill: "115-hr-2" heading: "Agriculture Improvement Act of 2018" from: "rh" from_label: "Reported in House" to: "pcs" to_label: "Placed on Calendar Senate" sections_amended: 65 sections_added: 41 sections_removed: 0 url: "https://uscodex.org/bills/115/hr/2/changes/pcs" --- # H.R. 2 — what changed H.R. 2, Agriculture Improvement Act of 2018 — 65 sections amended and 41 added between Reported in House and Placed on Calendar Senate. Edits are marked `struck` and `inserted`. ## Sec. 1113 Payment yields - (a) Treatment of designated oilseeds— - (1) In general— For the purpose of making price loss coverage payments under section 1116, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed for which a payment yield was not established under section 1113 of the Agricultural Act of 2014 (7 U.S.C. 9013) in accordance with this section. - (2) Payment Yields for Designated Oilseeds— In the case of designated oilseeds, the payment yield shall be equal to 90 percent of the average of the yield per planted acre for the most recent five crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero. - (3) Application— This subsection shall apply to oilseeds designated after the date of the enactment of this Act. - (b) Effect of Lack of Payment Yield— - (1) Establishment by secretary— In the case of a covered commodity on a farm for which base acres have been established, if no payment yield is otherwise established for the covered commodity on the farm, the Secretary shall establish an appropriate payment yield for the covered commodity on the farm under paragraph (2). - (2) Use of similarly situated farms— To establish an appropriate payment yield for a covered commodity on a farm as required by paragraph (1), the Secretary shall take into consideration the farm program payment yields applicable to that covered commodity for similarly situated farms. The use of such data in an appeal, by the Secretary or by the producer, shall not be subject to any other provision of law. - (c) Single opportunity to update yields in counties affected by drought— - (1) Election to update— In the case of a farm that is physically located in a county in which any area of the county was rated by the U.S. Drought Monitor as having a D4 (exceptional drought) intensity for 20 or more consecutive weeks during the period beginning January 1, 2008 2008, and ending December 31, 2012, at the sole discretion of the owner of such farm, the owner of a farm shall have a 1-time opportunity to update, on a covered commodity-by covered-commodity covered-commodity-by-covered-commodity basis, the payment yield that would otherwise be used in calculating any price loss coverage payment for each covered commodity on the farm for which the election is made. - (2) Method of updating yields for covered commodities— If the owner of a farm elects to update yields under paragraph (1), the payment yield for covered commodities on the farm, for the purpose of calculating price loss coverage payments only, shall be equal to 90 percent of the average of the yield per planted acre for the crop of covered commodities on the farm for the 2013 through 2017 crop years, as determined by the Secretary, excluding any crop year in which the acreage planted to the covered commodity was zero. - (3) Use of county average yield— For the purposes of determining the average yield under paragraph (2), if the yield per planted acre for a crop of a covered commodity for a farm for any of the crop years specified in paragraph (2) was less than 75 percent of the average of county yields for those same years for that commodity, the Secretary shall assign a yield for that crop year equal to 75 percent of the average of the 2013 though 2017 county yield for the covered commodity. - (4) Upland cotton conversion— In the case of seed cotton, for purposes of determining the average of the yield per planted acre under paragraph (2), the average yield for seed cotton per planted acre shall be equal to 2.4 times the average yield for upland cotton per planted acre. - (5) Time for Election— An election under this subsection shall be made at a time and manner so as to be in effect beginning with the 2019 crop year, as determined by the Secretary. ## Sec. 1604 Adjusted gross income limitation - (a) Limitations— Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)) is amended— - (1) in subparagraph (A), by striking “title I of the Agricultural Act of 2014” and inserting “title I of the Agriculture and Nutrition Act of 2018”; - (2) in subparagraph (C)— - (A) by inserting “title II of the Agriculture and Nutrition Act of 2018,” after “under”; and - (B) by striking “Starting with fiscal year 2015, a” and inserting “A”; - (2) [was (2)(5)] by striking subparagraphs (B) and (D); and - (3) [was (2)(6)] by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively. - (b) Exceptions— - (1) In general— Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by adding at the end the following: - “(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.” - (2) Conforming amendments— Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended— - (A) in subsection (b)(1), by inserting “subject to paragraph (3),” after “of law,”; and - (B) in subsection (d), by striking “, general partnership, or joint venture” both places it appears. - (c) Transition— Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of the enactment of this Act, shall apply with respect to the 2018 crop, fiscal, or program year, as appropriate, for each program described in subsection (b)(2) of that section (as so in effect on that day). ## Sec. 1611 Exemption from certain reporting requirements for certain producers - (a) Definition of exempted producer— In this section, the term exempted producer means a producer or landowner eligible to participate in any conservation or commodity program administered by the Secretary, or eligible for indemnity or compensation payments through programs administered by the Secretary. - (b) Exemption— Notwithstanding any other provision of law, including the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (and any successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary, acting through the Natural Resources Conservation Service Service, the Animal and Plant Health Inspection Service, or the Farm Service Agency. ## Sec. 1612 One-time filing for ARC and PLC — added - (a) One-time filing— Except as provided in subsection (b), during the first enrollment period announced by the Farm Service Agency after the date of the enactment of this Act, producers on a farm may file a one-time program contract with the Secretary to enroll in agricultural risk coverage or price loss coverage through crop year 2023. - (b) Updated program contract required— In the case of a change in a farming operation for which producers on a farm have filed a one-time program contract pursuant to subsection (a), such producers shall file an updated program contract with the Secretary not later than one year after such change in the farming operation occurs. - (c) Notice of other annual reporting— The Secretary shall provide to each producer that files a one-time program contract pursuant to subsection (a) a notice that includes the annual and other periodic reporting requirements applicable to such producer, as determined by the Secretary. - (d) Regulations revised— The Secretary shall— - (1) issue such regulations as are necessary to carry out this section; and - (2) revise section 1412.41 of title 7, Code of Federal Regulations, in accordance with this section. ## Sec. 2302 Establishment and administration - (a) Establishment— Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by striking “2019” and inserting “2023”. - (b) Allocation of funding— Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended to read as follows: - “(f) Allocation of funding—For each of fiscal years 2014 through 2023, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g).” - (c) Water conservation or irrigation efficiency practice— Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(h)) is amended— - (1) by amending paragraph (1) to read as follows: - “(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; - “(B) irrigation-related structural practices; orpractices; - “(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 - “(D) a transition to water-conserving crops or water-conserving crop rotations.” - (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: - “(2) Limited eligibility of irrigation districts, irrigation associations, drainage districts, and acequias - “(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 - “(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.” - (3) in paragraph (3), as so redesignated— - (A) in the matter preceding subparagraph (A), by striking “to a producer” and inserting “under this subsection”; - (B) in subparagraph (A), by striking “the eligible land of the producer is located, there is a reduction in water use in the operation of the producer” and inserting “the land on which the practices will be implemented is located, there is a reduction in water use in the operation on such land”; and - (C) in subparagraph (B), by inserting “with respect to an application under paragraph (1),” before “the producer agrees”. - (d) Stewardship contracts— Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended by adding at the end the following: - “(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.” ## Sec. 2407 Sense of Congress on increased watershed-based collaboration — added - It is the sense of Congress that the Federal Government should recognize and encourage partnerships at the watershed level between nonpoint sources and regulated point sources to advance the goals of the Federal Water Pollution Control Act and provide benefits to farmers, landowners, and the public. ## Sec. 2408 Soil and water resources conservation — added - The Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001 et seq.) is amended— - (1) in section 5(e), by striking “and December 31, 2015” and inserting “December 31, 2015, and December 31, 2022”; - (2) in section 6(d), by striking “, respectively” and inserting “, and a program update shall be completed by December 31, 2023”; - (3) in section 7— - (A) in subsection (a), by striking “and 2016” and inserting “, 2016, and 2022”; and - (B) in subsection (b), in the matter preceding paragraph (1), by striking “and 2017” and inserting “, 2017, and 2023”; - (4) in section 10, by striking “2018” and inserting “2023”; - (5) by redesignating sections 8 through 10 as sections 9 though 11, respectively; and - (6) by inserting after section 7 the following: - “8. Conservation programs assessment - “(a) In general—In coordination with the appraisal of soil, water, and related resources and with the national soil and water conservation program established under this Act, the Secretary may carry out a conservation effects assessment project to quantify the environmental and economic effects of conservation practices, develop the science base for managing the agricultural landscape for environmental quality and sustainable productive capacity, and improve the efficacy of conservation practices and programs by evaluating conservation effects. - “(b) Scope—The project under this subsection may be carried out at national, regional, and watershed scales, and may include cropland, grazing lands, wetlands, forests, and such other lands as the Secretary may determine appropriate. - “(c) Activities—The project under this subsection may include research, literature reviews and bibliographies, modeling, assessment, monitoring and data collection, outreach, extension education, and such other activities as the Secretary may determine appropriate. - “9. Goals and assessment process for conservation programs - “(a) Natural resource and environmental objectives and outcomes - “(1) In general—In coordination with the appraisal of soil, water, and related resources, the soil and water conservation program, and the conservation effects assessment project established by this Act, the Secretary shall identify, and periodically revise, specific natural resource and environmental objectives and anticipated conservation outcomes and results, by resource concern, for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary. - “(2) Assessments—To help measure outcomes and results, the Secretary shall, to the maximum extent practicable, make assessments of changes in the status and conditions of natural resources and the environment that result from the application of conservation activities supported directly by such conservation programs and initiatives. - “(3) Monitoring and program evaluation—The Secretary shall establish a coordinated monitoring and evaluation process for programs and initiatives to assess progress toward the identified objectives, to gather information to improve program and initiative implementation in accordance with desired program and initiative outcomes and results, and to assess the need for modifications to program or initiative rules or statutes. - “(b) Monitoring and program evaluation - “(1) In general—The Secretary shall establish a comprehensive monitoring and program evaluation process to assess progress in reaching natural resource and environmental objectives identified in accordance with subsection (a) and the contribution of individual programs and initiatives, as well as the programs and initiatives collectively, to that progress. - “(2) Implementation—In implementing the monitoring and program evaluation process under paragraph (1), the Secretary may consider and incorporate resource concern inventories, quality criteria, conservation practices and enhancements, and such other information as the Secretary determines relevant for applying the monitoring and program evaluation process across each of the major land uses identified by the Secretary. - “(3) Monitoring and evaluation process - “(A) In general—Not later than two years after the date of enactment of this section, the Secretary shall issue a design for the comprehensive monitoring and evaluation process, a schedule for implementing the process, and a plan for coordinating the process with the national soil and water conservation program and conservation effects assessment project established under this Act. - “(B) Methodology—The design for the monitoring and evaluation process shall— - “(i) include detailed information concerning the requisite frequency of the monitoring process at the field, water body, habitat, or other level and the manner in which the data will be aggregated at the landscape or watershed level, county or local level, State level, national level, and any other level the Secretary determines necessary; and - “(ii) take into account the cumulative nature of conservation over time, the interactions and sequencing effects between conservation activities, the differing times for conservation effects to be realized, and other related measurement challenges. - “(C) Public research—Notwithstanding any other provision of law, in order to facilitate implementation of the monitoring and evaluation process, the Secretary shall make available conservation activity and program data to cooperators and researchers engaged in public research and evaluation activities to improve conservation outcomes under this subsection, provided that— - “(i) adequate assurances are provided to the Secretary that any resulting research or information will be made publicly available and in a form that protects personally identifiable information; and - “(ii) the National Technical Committee finds that any such research is likely to generate information that furthers the purpose of this section. - “(4) Cooperative agreements—The Secretary may implement the monitoring evaluation process in part through cooperative or contribution agreements with Federal, State, and local agencies, universities and colleges, nongovernmental organizations with requisite expertise, as determined by the Secretary in consultation with the National Technical Committee. - “(5) National technical committee - “(A) Composition—The monitoring and evaluation process shall be administered by the Natural Resources Conservation Service with assistance from a national technical committee appointed by the Secretary and composed of individuals with relevant technical and scientific expertise representing— - “(i) the Agricultural Research Service of the Department of Agriculture; - “(ii) the Economic Research Service of the Department of Agriculture; - “(iii) the Farm Service Agency of the Department of Agriculture; - “(iv) the Forest Service; - “(v) the National Institute for Food and Agriculture; - “(vi) the United States Geological Survey; - “(vii) State and tribal agencies; - “(viii) land grant university natural resource research programs; - “(ix) nongovernmental organizations with expertise in the full array of conservation issues and measurement and evaluation of conservation outcomes; and - “(x) such other agencies, institutions, or organizations as the Secretary may determine appropriate. - “(B) FACA exemption—The national technical committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). - “(C) Transparency—The Secretary shall ensure the proceedings and recommendations of the national technical committee are available to the public. - “(6) Voluntary participation—In carrying out this subsection, the Secretary shall ensure that any on-farm monitoring activities that may be included as part of the monitoring and program evaluation process are voluntary on the part of the producer, and may include appropriate compensation, as determined by the Secretary. - “(7) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection, for each fiscal year, the amount that is equal to one percent of the total annual funding from the funds of the Commodity Credit Corporation made available in the preceding fiscal year for the conservation programs established under subtitles D and H of title XII of the Food Security Act of 1985, excluding the conservation reserve program. - “(c) Reporting - “(1) Report on objectives and methods—Beginning in the fiscal year that is 3 years after the date of enactment of this subsection, and periodically thereafter, as determined by the Secretary, the Secretary shall submit to Congress, and make publicly available, a report that includes— - “(A) a description of conservation outcome objectives that are, to the maximum extent practicable, quantitative, measurable, and time-bound for each program established under subtitle D or H of the Food Security Act of 1985 and the landscape conservation initiatives developed by the Secretary; - “(B) a description of the approaches, tools, and methods used to measure or model the conservation outcomes and results and to estimate the cost-effectiveness of each such program; and - “(C) guidance to the conservation project partners working to implement conservation programs within a landscape-level project that provides a description of the approaches, tools, and methods the partners might consider using to measure and model the conservation outcomes and results of their projects. - “(2) Report on outcomes—In conjunction with each of the reports to Congress pursuant to section 7, the Secretary shall submit to Congress, and make publicly available, a report that includes— - “(A) an assessment of progress made towards achieving conservation program objectives and anticipated outcomes and results for each conservation program established under subtitle D or H of title XII of the Food Security Act of 1985, as well as for such programs collectively, and the landscape conservation initiatives developed by the Secretary; - “(B) an evaluation of the cost-effectiveness of each such conservation program and initiative; and - “(C) recommendations, in light of the assessment and evaluation, to improve program implementation and improve the scientific and economic tools (including any new or revised conservation practices, conservation enhancements, or conservation planning tools) used to achieve stated natural resource conservation and environmental objectives. - “(3) Coordination—The Secretary may coordinate the reports required under paragraphs (1) and (2) with any reports developed as part of the conservation effects assessment project authorized by section 8, whenever such coordination is feasible and warranted, as determined by the Secretary.” ## Sec. 3016 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program - (a) Statement of policy— - (1) In general— It is in the national interests of the United States to advance food security in developing countries and open new markets for agricultural trade through programs that leverage the unique capabilities of Federal departments and agencies, and improve coordination between donors, beneficiaries, and the private sector. - (2) Role of Department of Agriculture— The Department of Agriculture plays an important role in establishing trade between the United States and other nations and should enhance its role in facilitating the transfer of the knowledge, skills, and experience of American farmers, land-grant universities, and extension services through the John Ogonowski and Doug Bereuter Farmer-To-Farmer Program under title V of the Food for Peace Act (7 U.S.C. 1737). - (b) Clarification of nature of assistance— Section 501(b)(1) of the Food for Peace Act (7 U.S.C. 1737(b) is amended— - (1) in paragraph (1) by inserting “technical” before “assistance”; and - (2) in paragraph (2)(A)— - (A) by striking “; and” at the end of clause (viii); and - (B) by striking clause (ix) and inserting the following: - “(ix) agricultural education and extension; - “(x) selection of seed varieties and plant stocks; - “(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction; - “(xii) use and maintenance of agricultural equipment and irrigation systems; and - “(xiii) selection of fertilizers and methods of soils treatment; and” - (a) Clarification of nature of assistance— Section 501(b)(1) of the Food for Peace Act (7 U.S.C. 1737(b)(1)) is amended by inserting “technical” before “assistance”. - (c) [was (3)] Eligible participants— Section 501(b)(2) of the Food for Peace Act (7 U.S.C. 1737(b)(2)) is amended by inserting “retired extension staff of the Department of Agriculture,” after “private corporations,”. - (d) [was (4)] Additional purpose— Section 501(b) of the Food for Peace Act (7 U.S.C. 1737(b)) is amended— - (1) [was (4)(3)] by striking “and” at the end of paragraph (5); - (2) [was (4)(4)] by redesignating paragraph (6) as paragraph (7); and - (3) [was (4)(5)] by inserting after paragraph (5) the following new paragraph: - “(6) foster appropriate investments in institutional capacity-building and allow longer-term and sequenced assignments and partnerships to provide deeper engagement and greater continuity on such projects; and” - (e) [was (5)] Minimum funding— Subsection (d) of section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended to read as follows: - “(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).” - (f) [was (6)] Authorization of appropriations— Section 501(e)(1) of the Food for Peace Act (7 U.S.C. 1737(e)(1)) is amended in by striking “2018” and inserting “2023”. - (g) Crop yields and innovative partnerships— Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended by adding at the end the following: - “(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— - “(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 - “(2) store the data resulting from such geographically defined crop yield metrics system in a publicly available Internet database system. - “(g) Grant program to create new partners and innovation - “(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. - “(2) Use of funds—Grant recipients under this subsection shall use such funds— - “(A) to prioritize new implementing partners; - “(B) on innovative volunteer models; - “(C) on strategic partnerships with other United States development programs; and - “(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. - “(h) Appropriations—None of the amounts made available to carry out this title may be used to carry out subsections (f) and (g) of this section except to the extent that such subsections are carried out using authorities otherwise provided by this title.” ## Sec. 3207 Borlaug fellowship program - 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— - “(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.” ## Sec. 4001 Duplicative enrollment database - (a) Expansion of the duplicative enrollment database— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: - “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.” - (b) State data collection and submission requirements— Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended— - (1) in paragraph (24) by striking “and” at the end, - (2) in paragraph (25) by striking the period at the end and inserting “; and”, “a semicolon”, and - (3) by adding at the end the following: - “(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; - “(D) that member’s portion of the household monthly allotment, allotment; and - “(E) the portion of the aggregate value of household assets attributed to that member.”member; and” ## Sec. 4002 Retailer-funded incentives pilot - 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). - “(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.” ## Sec. 4003 Gus Schumacher food insecurity nutrition incentive program - (a) Amendments— Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended— - (1) by striking the heading and inserting “Gus Schumacher food insecurity nutrition incentive program”, - (2) in subsection (b)— - (A) in paragraph (2)— - (i) in subparagraph (A)(ii)— - (I) in subclause (II) by inserting “financial” after “providing”, - (II) by amending subclause (III) to read as follows: - “(III) has adequate plans to collect data for reporting and agrees to participate in a program evaluation; and” - (III) in subclause (IV) by striking “; and” at the end and inserting a period, and - (IV) by striking subclause (V), and - (ii) by amending subparagraph (B) to read as follows: - “(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; - “(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; - “(VI) provide year-round access to program incentives; andor - “(VII) address other criteria as established by the Secretary.” - (B) by amending paragraph (4) to read as follows: - “(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.” - (3) in subsection (c)— - (A) in paragraph (1) by striking “2014 through 2018” and inserting “2019 through 2023”, and - (B) in paragraph (2)— - (i) in subparagraph (B) by striking “and” at the end; - (ii) in subparagraph (C) by striking the period at the end and inserting “;”, and - (iii) by adding at the end the following: - “(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.” - (b) Conforming amendment— The table of contents of Food, Conservation, and Energy Act of 2008 is amended by striking the item relating to section 4405 by inserting the following: ## Sec. 4006 Update to categorical eligibility - Section Effective October 1, 2020, section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— - (1) in the 2d sentence of subsection (a)— - (A) by striking “receives benefits” and inserting “(1) receives cash assistance or ongoing and substantial services”, - (B) by striking “supplemental “, supplemental security” and inserting “with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), (2) is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), (3) receives supplemental security”, and - (C) by striking “or aid” and inserting “or (4) receives aid ”, and - (2) in subsection (j)— - (A) by striking “or who receives benefits” and inserting “cash assistance or ongoing and substantial services” and - (B) by striking “to have” and inserting “with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), or who is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), to have”. ## Sec. 4010 Availability of standard utility allowances based on receipt of energy assistance - (a) Allowance to recipients of energy assistance— - (1) Standard utility allowance— Section 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is amended by inserting “with an elderly or disabled member” after “households”. - (2) Conforming amendments— Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act is amended by inserting “received by a household with an elderly or disabled member” before “, consistent with section 5(e)(6)(C)(iv)(I)”. - (b) Third-party energy assistance payments— Section 5(k)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended— - (1) in subparagraph (A) by inserting “without an elderly or disabled member” after “household” the 1st place it appears; and - (2) in subparagraph (B) by inserting “with an elderly or disabled member” after “household” the 1st place it appears. ## Sec. 4015 Workforce solutions - (a) Conditions of participation— Section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended— - (1) in paragraph (1)— - (A) in subparagraph (A)— - (i) by striking “No” and inserting “Subject to subparagraph (C), no”, - (ii) by striking “over the age of 15 and under the age of 60” and inserting “at least 18 years of age and less than 60 years of age”, - (iii) by amending clause (i) to read as follows: - “(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;” - (iv) by striking clauses (ii) and (vi), - (v) in clause (iv) by adding “or” at the end, - (vi) in clause (v)(II) by striking “30 hours per week; or” and inserting “the hourly requirements applicable under paragraph (1)(B)(i).”, and - (vii) by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively, - (B) by striking subparagraph (B), - (C) by amending subparagraph (C) to read as follows: - “(C) Limitation—Subparagraph (B) shall not apply to an individual during the first month that individual would otherwise become subject to subparagraph (B) and be found in noncompliance with such subparagraph.” - (D) in subparagraph (D)— - (i) in clause (iii)(I) by striking “(A)” each place it appears and inserting “(B)”, - (ii) in clause (iv) by striking “(A)(v)”and inserting “(B)(iv)”, and - (iii) by striking clauses (v) and (vi), - (E) by redesignating subparagraphs (A) and (D) as subparagraphs (B) and (I), (J), respectively, - (F) by inserting before subparagraph (B), as so redesignated, the following: - “(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; - “(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and2296); - “(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); - “(iv) a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, and approved by the Secretary.” - (G) by inserting after subparagraph (C) the following: - “(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 - “(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; - “(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). - “(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); - “(bb) does not reside in an area covered by a waiver granted under subparagraph (F); and(F). - “(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. - “(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. - “(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. - “(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. - “(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. - “(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. - “(I) Household ineligibilty—If an individual becomes ineligible to participate in the supplemental nutrition assistance program as a household member due to failure to meet the requirements under subparagraph (B), the remaining household members (including children), shall not become ineligible to apply to participate in the supplemental nutrition assistance program due to such individual’s ineligibility.” - (2) in paragraph (2)— - (A) in the 1st sentence— - (i) by striking “paragraph (1)” and inserting “paragraph (1)(B)”, and - (ii) by striking “(E)” and all that follows through the period at the end, and inserting the following: - (B) by striking the last sentence, - (3) in paragraph (3) by striking “registration requirements” and inserting “requirement”, - (4) in paragraph (4)— - (A) in subparagraph (A)— - (i) by redesignating clause (ii) as clause (iii), and - (ii) by inserting after clause (i) the following: - “(ii) Mandatory minimum services—Each State agency shall offer employment and training program services sufficient for all individuals subject to the requirements of paragraph (1)(B)(i) who are not currently ineligible pursuant to paragraph (1)(E), exempt pursuant to subparagraphs (F) and (G) or paragraph (2) of subsection (d), and for all individuals covered by paragraph (1)(C), to meet the hourly requirements specified in paragraph (1)(B)(i) to the extent that such requirements will not be satisfied by hours of work or participation in a work program.” - (B) in subparagraph (B)— - (i) by inserting after “contains” the following: - (ii) by amending clause (i) to read as follows: - “(i) Supervised job search programs that occur at State-approved locations in which the activities of participants shall be directly supervised and the timing and activities of participants tracked in accordance with guidelines set forth by the State.” - (iii) in clause (ii) by striking “jobs skills assessments, job finding clubs, training in techniques for” and inserting “employability assessments, training in techniques to increase”, - (iv) in clause (iv) in the 1st sentence by inserting “, including subsidized employment, apprenticeships, and other work experience” before the period at the end, - (v) in clause (v) by inserting “, including family literacy and financial literacy,” after “literacy”, and - (vi) in clause (vii) by striking “not more than”, - (C) in subparagraph (F)— - (i) clause (ii) by striking “one hundred and twenty hours per month” and inserting “the hours required under section 6(d)(1)(B)”, and - (ii) [was (2)(6)(3)(5)] by striking clause (iii), - (D) by striking subparagraphs (D) and (E), and inserting the following: - (v) in clause (iv) in the 1st sentence by inserting “, including subsidized employment, apprenticeships, and unpaid or volunteer work that is limited to 6 months out of a 12-month period” before the period at the end, - (vi) in clause (v) by inserting “, including family literacy and financial literacy,” after “literacy”, - (vii) in clause (vii) by striking “not more than”, and - (viii) by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively, - (C) by striking subparagraphs (D), (E), and (F), and inserting the following: - “(D) Each State agency shall establish requirements for participation by non-exempt individuals in the employment and training program components listed in clauses (i) through (vii) of subparagraph (B). Such requirements may vary among participants.” - (E) [was (2)(6)(5)] in subparagraph (H) by striking “(B)(v)” and inserting “(B)(iv)”, and - (F) by redesignating subparagraphs (F) through (M) as subparagraphs (E) through (L), respectively. - (E) by redesignating subparagraphs (G) through (M) as subparagraphs (E) through (K), respectively. - (b) Conforming amendments— - (1) Amendments to the Food food and Nutrition Act nutrition act of 2008— Section 5(d)(14) of the The Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)(14)) 2011 et seq.) is amended by striking “6(d)(4)(I)” and inserting “6(d)(4)(G)”.amended— - (A) in section 5(d)(14) by striking “6(d)(4)(I)” and inserting “6(d)(4)(G)”, and - (B) in section 17(b)(1)(B)(iv)(III)(dd) by striking “(4)(F)(i), or (4)(K)” and inserting “(4)(A)(ii), (4)(E)(i), or (4)(J)”. - (2) Amendment to other laws— - (A) Internal Revenue Code of 1986— Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 1986 (26 U.S.C. 51(d)(8)(A)(ii)) is amended— - (i) in subclause (I) by striking “, or” and inserting a period, - (ii) by striking “family—” and all that follows through “(I) receiving” and inserting “family receiving”, and - (iii) by striking subclause (II). - (B) Workforce Innovation and Opportunity Act— The Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1425) is amended— - (i) in section 103(a)(2) by striking subparagraph (D), and - (ii) in section 121(b)(2)(B) by striking clause (iv). - (c) Related requirements— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended— - (1) in subsection (e)(5)(A) by inserting “or of an incapacitated person” after “6”, andamending subsection (e)(5) to read as follows: - “(5) is— - “(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 - “(B) a parent or other household member with responsibility for the care of a dependent child above the age of 5 and under the age of 12 for whom adequate child care is not available to enable the individual to attend class and satisfy the requirements of paragraph (4); and” - (2) by striking subsection (o). - (d) Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended— - (1) in section 6, as amended by section 4011 and subsection (c), by redesignating subsections (p) through (s) as subparagraphs (n) through (q), respectively, and - (2) in section 7(i)(1) by striking “6(o)(2)” and inserting “6(d)(1)(B)”. - (e) State plan— Section 11(e)(19) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(19)) is amended by striking “geographic areas and households to be covered under such program, and the basis, including any cost information,” and inserting “extent to which such programs will be carried out in coordination with the activities carried out under title I of the Workforce Innovation and Opportunity Act, the plan for meeting the minimum services requirement under section 6(d)(4)(A)(ii) including any cost information, and the basis”. - (f) Funding of Employment and Training Programs— Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended— - (1) in paragraph (1)— - (A) in subparagraph (A) by striking “$90,000,000” and all that follows through the period at the end and inserting the following: - “(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.” - (B) by amending subparagraph (B)(ii) to read as follows: - “(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).” - (C) by amending subparagraph (C) to read as follows: - “(C) Return of unused employment and training funds to the Treasury—If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall deposit such unused funds in the general receipts of the Treasury.” - (D) [was (7)(3)(4)] in subparagraph (D) by striking “$50,000” and inserting “$100,000”, and - (E) [was (7)(3)(5)] by amending subparagraph (E) to read as follows: - “(E) Reservation of funds—Of the funds made available under this paragraph for fiscal year 2021 and for each fiscal year thereafter, not more than $150,000,000 shall be reserved for allocation to States to provide training services by eligible providers identified under section 122 of the Workforce Innovation and Opportunity Act for participants in the supplemental nutrition assistance program to meet the hourly requirements under section 6(d)(1)(B) of this Act.” - (2) in paragraph (5)(C)— - (A) in clause (ii) by adding “and” at the end, - (B) in clause (iii) by striking “; and” and inserting a period, and - (C) by striking clause (iv). - (g) Work supplementation or work support program—Workfare— - (1) Repealer—Amendments— Subsection (b) of section 16 Section 20(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(b)) 3029(b) is repealed.amended— - (A) in paragraph (1)— - (i) by striking “6(d)(1)” and inserting “6(d)(1)(B) ”, and - (ii) by striking “or (F)” and inserting “(F), or (G)”, and - (B) in paragraph (4) by striking “sixteen” and inserting “18”. - (2) Conforming amendment— Section 5(e)(2)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(A)) is amended to read as follows: - “(A) Definition of earned income—In this paragraph, the term ‘‘earned income’’ does not include income excluded by subsection (d).” - (h) Workfare— - (1) Repealer— Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is repealed. - (2) [was (9)(3)] Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended— - (A) [was (9)(3)(3)] in section 16(h)— - (i) [was (9)(3)(3)(2)] in paragraph (1)(F)— - (I) [was (9)(3)(3)(2)(2)] in clause (i)— - (aa) [was (9)(3)(3)(2)(2)(2)] in subclause (I) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “this Act”, and - (bb) [was (9)(3)(3)(2)(2)(3)] in subclause (II)(bb) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” before the period at the end, - (II) [was (9)(3)(3)(2)(3)] in clause (ii)— - (aa) [was (9)(3)(3)(2)(3)(2)] in subclause (II)(cc) by inserting “(as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “20”, and - (bb) [was (9)(3)(3)(2)(3)(3)] in subclause (III)(ee)(AA) by inserting “as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018” after “6(o)”, and - (III) [was (9)(3)(3)(2)(4)] in clause (vi)(I) by inserting “as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018” after “6(d)”, and - (ii) [was (9)(3)(3)(3)] in paragraph (3) by striking “under section 6(d)(4)(I)(i)(II)” and inserting “for dependent care expenses under section 6(d)(4)”, and - (B) in section 17(b) by striking paragraph (2). - (h) Equitable Treatment of Households— Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)), as amended by section 4001, is amended by adding at the end the following: - “(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.” - (B) in section 17(b)— - (i) in paragraph (1)(B)(iv)(III)(jj) by inserting “as in effect on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018” after “20”, and - (ii) by striking paragraph (2). ## Sec. 4017 Mobile technologies - Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14) is amended— - (1) by amending subparagraph (A) to read as follows: - “(A) In general—Subject to subparagraph (B), the Secretary shall authorize the use of mobile technologies for the purpose of accessing supplemental nutrition assistance program benefits.” - (2) in subparagraph (B)— - (A) by striking the heading and inserting “Demonstration projects on access of benefits through mobile technologies”, - (B) by amending clause (i) to read as follows: - “(i) Demonstration Projects—Before authorizing implementation of subparagraph (A) in all States, the Secretary shall approve not more than 5 demonstration project proposals submitted by State agencies that will pilot the use of mobile technologies for supplemental nutrition assistance program benefits access.” - (C) in clause (ii)— - (i) in the heading by striking “Demonstration projects” and inserting “Project Requirements”, - (ii) by striking “retail food store” the first place it appears and inserting “State agency”, - (iii) by striking “includes”, - (iv) by striking subclauses (I), (II), (III), and (IV), and inserting the following: - “(I) provides recipient protections regarding privacy, ease of use, household access to benefits, and support similar to the protections provided under existing methods; - “(II) ensures that all recipients, including those without access to mobile payment technology and those who shop across State borders, have a means of benefit access; - “(III) requires retail food stores, unless exempt under section 7(f)(2)(B), to bear the costs of acquiring and arranging for the implementation of point-of-sale equipment and supplies for the redemption of benefits that are accessed through mobile technologies, 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; - “(VI) provides for an evaluation of the demonstration project, including, but not limited to, an evaluation of household access to benefits; andbenefits; - “(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 - “(VIII) meets other criteria as established by the Secretary.” - (D) by amending clause (iii) to read as follows: - “(iv) Date of project approval—The Secretary shall solicit and approve the qualifying demonstration projects required under subparagraph (B)(i) not later than January 1, 2020.” - (E) by inserting after clause (ii) the following: - “(iii) Priority—The Secretary may prioritize demonstration project proposals that would— - “(I) reduce fraud; - “(II) encourage positive nutritional outcomes; and - “(III) meet such other criteria as determined by the Secretary.” - (3) in subparagraph (C)(i)— - (A) by striking “2017” and inserting “2022”, and - (B) by inserting “requires further study by way of an extended pilot period or” after “States” the 2d place it appears . ## Sec. 4018 Prohibited fees - (a) Limitation— Section 7(h)(13) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(13)) is amended to read as follows: - “(13) Fees—No interchange fees shall apply to electronic benefit transfer transactions under this subsection. Neither a State, nor any agent, contractor, or subcontractor of a State who facilitates the provision of supplemental nutrition assistance program benefits in such State may impose a fee for switching (as defined in subsection (j)(1)(H) or routing such benefits.” - (b) Conforming amendment— Section 7(j)(1)(H) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended to read as follows: - “(H) Switching—The term ‘’switching’’ means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State.” ## Sec. 4022 National gateway - (a) Issuance of benefits— Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended— - (1) in subsection (d) by striking “benefits by benefit issuers” and inserting “benefit issuers and other independent sales organizations, third-party processors, and web service providers that provide electronic benefit transfer services or equipment to retail food stores and wholesale food concerns,”, and - (2) by adding at the end the following: - “(l) Requirement to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway - “(1) Definitions—For purposes of this section: - “(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.” - (b) Approval of Retail Food Stores and Wholesale Food Concerns— The 1st sentence of section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(c)) is amended by inserting “contracts for electronic benefit transfer services and equipment, records necessary to validate the FNS authorization number to accept and redeem benefits,” after “invoices,”. ## Sec. 4033 Nutrition education - (a) Nutrition education and obesity prevention grant program— Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended— - (1) by amending subsection (a) to read as follows: - “(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; - “(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).” - (2) in subsection (b) by striking “Consistent with the terms and conditions of grants awarded under this section, State agencies may” and inserting “The Secretary, acting through the Director of the National Institute of Food and Agriculture, in consultation with the Administrator of the Food and Nutrition Service, shall”, - (3) in subsection (c)— - (A) by amending paragraph (1) to read as follows: - “(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.” - (B) in paragraph (2)— - (i) by amending subparagraph (A) to read as follows: - “(A) In general—A State agency, in consultation with eligible institutions that provide nutrition education and obesity prevention services under this subsection, shall submit to the Secretary for approval a nutrition education State plan.” - (ii) in subparagraph (B) by striking “Except as provided in subparagraph (C), a” and inserting “A”, and - (iii) by striking subparagraph (C), - (C) in paragraph (3)— - (i) in subparagraph (A)— - (I) by striking “A State agency” and inserting “An eligible institution”, and - (II) by inserting “the Director of the National Institute of Food and Agriculture and” after “by”, and - (ii) in subparagraph (B) by inserting “the Director of the National Institute of Food and Agriculture and” after “education,”, and - (D) in paragraph (4) by inserting “and eligible institutions” after “agencies”, and - (E) in paragraph (5) by striking “State agency” and inserting “eligible institutions”, - (4) in subsection (d)— - (A) in paragraph (1)— - (i) in the heading by striking “In general” and inserting “Basic funding”, - (ii) by striking “to State agencies”, - (iii) in subparagraph (E) by striking “and” at the end, - (iv) in subparagraph (F)— - (I) by striking “year 2016 and each subsequent fiscal year” and inserting “years 2016 through 2018”, and - (II) by striking the period at the end and inserting a semicolon, and - (v) by adding at the end the following: - “(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.” - (B) in paragraph (2)— - (i) in subparagraph (A)— - (I) by inserting “and appropriated under the authority of paragraph (2)” after “paragraph (1)”, and - (II) in clause (ii)— - (aa) by inserting “(as that section existed on the day before the date of the enactment of the Agriculture and Nutrition Act of 2018)” after “(B)” and - (bb) in subclause (V) by striking “and each fiscal year thereafter”, and - (ii) by amending subparagraph (B) to read as follows: - “(C) Reallocation—If the Secretary determines that an eligible institution will not expend all of the funds allocated to the eligible institution for a fiscal year under paragraph (1) or in the case of an eligible institution that elects not to receive the entire amount of funds allocated to the eligible institution for a fiscal year, the Secretary shall reallocate the unexpended funds to other eligible institutions during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the eligible institutions may expend the reallocated funds.” - (iii) by inserting after subparagraph (A) the following: - “(B) Subsequent allocation—Of the funds set aside under paragraph (1) and appropriated under the authority of paragraph (2) for fiscal year 2019 and each fiscal year thereafter, 100 percent shall be allocated to eligible institutions pro rata based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31, as determined by the Secretary.” - (C) in paragraph (3)(B) by inserting “, other than those incurred by State agencies in preparing State plans pursuant to subsection (c)(2) and notifying applicants, participants, and eligible individuals pursuant to subsection (c)(4),” after “this section”, - (D) [was (2)(6)(4)] by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, - (E) [was (2)(6)(5)] by inserting after paragraph (1) the following: - “(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. - “(C) Other funds—Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1). - “(D) Funds Availability—Funds appropriated under this paragraph shall remain available for obligation for a period of 2 fiscal years.” - “(C) Other funds—Funds appropriated under this paragraph shall be in addition to funds made available under paragraph (1).” - (F) [was (2)(6)(6)] by inserting after paragraph (4), as so redesignated, the following: - “(5) Administrative costs—Not more than 10 percent of the funds allocated to eligible institutions may be used by the eligible institutions for administrative costs.” - (5) in subsection (e) by striking “January 1, 2012” and inserting “18 months after the date of the enactment of the Agriculture and Nutrition Act of 2018”. - (b) Related amendment— Section 18(a)(3)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by striking “, such as the expanded food and nutrition education program”. ## Sec. 4035 Technical corrections - The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended— - (1) in section 3— - (A) in subsections (d) and (i) by striking “7(i)” and inserting “7(h)”, and - (B) in subsection (o)(1)(A) by striking “(r)(1)” and inserting “(q)(1)”, - (2) in section 5(a) by striking “and section” each place it appears and all that follows through “households” the respective next place it appears, and inserting “and section 3(m)(4), households”, - (3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking “3(n)(5)” and inserting “3(m)(5)”, - (4) in the 1st sentence of section 10— - (A) by striking “or the Federal Savings and Loan Insurance Corporation” each place it appears, and - (B) by striking “3(p)(4)” and inserting “3(o)(4)”, - (5) in section 11— - (A) in subsection (a)(2) by striking “3(t)(1)” and inserting “3(s)(1)”, and - (B) in subsection (d)— - (i) by striking “3(t)(1)” each place it appears and inserting “3(s)(1)”, and - (ii) by striking “3(t)(2)” each place it appears and inserting “3(s)(2)”, - (C) in subsection (e)— - (i) in paragraph (17) by striking “3(t)(1)” inserting “3(s)(1)”, and - (ii) in paragraph (23) by striking “Simplified Supplemental Nutrition Assistance Program” and inserting “simplified supplemental nutrition assistance program”, - (6) in section 15(e) by striking “exchange” and all that follows through “anything”, and inserting “exchange for benefits, or anything”, - (7) in section 17(b)(1)(B)(iv)—17(b)(1)(B)(iv)(III)(aa) by striking “3(n)” and inserting “3(m)”, - (A) in subclause (III)(aa) by striking “3(n)” and inserting “3(m)”, and - (B) in subclause (VII) by striking “7(i)” and inserting “7(h)”, - (8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon at the end, and - (9) in section 26(b) by striking “out” and all that follows through “(referred”, and inserting “out a simplified supplemental nutrition assistance program (referred”. ## Sec. 4037 Multivitamin-mineral dietary supplements eligible for purchase with supplemental nutrition assistance benefits — added - Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended— - (1) in subsection (k) by— - (A) striking “and (9)” and inserting “(9)”, and - (B) inserting before the period at the end the following: “, and (10) a multivitamin-mineral dietary supplement for home consumption”, - (2) by inserting after subsection (m) the following: - “(m–1) “Multivitamin-mineral dietary supplement” means a substance that— - “(1) provides at least half of the vitamins and minerals for which the National Academy of Medicine establishes dietary reference intakes, at 50 percent or more of the daily value for the intended life stage per daily serving as determined by the Food and Drug Administration; and - “(2) does not exceed the tolerable upper intake levels for those nutrients for which an established tolerable upper intake level is determined by the National Academy of Medicine.” - (3) in subsection (q)(2) by striking “and spices” and inserting “spices, and multivitamin-mineral dietary supplements”. ## Sec. 4038 Review of supplemental nutrition assistance program operations — added - Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018), as amended by section 4026, is amended by adding at the end the following: - “(j) Review of program operations - “(1) The Secretary— - “(A) shall review a representative sample of currently authorized retail food stores as defined in subsections (o)(2) and (k)(3) of section 3 to determine whether benefits are properly used by or on behalf of participating households residing in such facilities and whether such facilities are using more than one source of Federal or State funding to meet the food needs of residents; - “(B) may carry out similar reviews for currently participating residential drug and alcohol treatment and rehabilitation programs, and group living arrangements for the blind and disabled; - “(C) shall gather information and these entities shall be required to submit information deemed necessary for a full and thorough review; and - “(D) shall report the results of these reviews to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate not later than 3 years after the date of the enactment of the Food and Nutrition Act of 2018, along with recommendations as to any additional requirements or oversight that would be appropriate for such facilities and retailers, and whether these entities should continue to be authorized to participate in the supplemental nutrition assistance program. - “(2) Nothing in this section shall authorize the Secretary to deny any application for continued authorization, any application for authorization, or any request to withdraw the authorization of any facility or entity referenced in subsections (o)(2) and (k)(3) of section 3 based on a determination that residents of any such facility or entity are residents of an institution prior to— - “(A) the submission of the report described in paragraph (1)(D); or - “(B) 3 years after the date of enactment of the Food and Nutrition Act of 2018;” ## Sec. 4039 Disqualification of certain convicted felons — added - Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as amended by section 4015, is amended in subsection (p)(1)— - (1) in subparagraph (A) by striking “: and” at the end and inserting a period, and - (2) by striking subparagraph (B). ## Sec. 4040 Determination of amount of block grant payable to Puerto Rico — added - (a) Study— With funds appropriated to carry out this subsection, the Secretary of Agriculture shall conduct a study to determine the feasibility and impact of using a thrifty food plan developed exclusively to apply under section 19(a)(2)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(A)) to calculate the amount of the block grant payable to Puerto Rico. - (b) Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out subsection (a). - (c) Appropriation in advance— Only funds appropriated under subsection (b) in advance specifically to carry out subsection (a) shall be available to carry out such subsection. ## Sec. 4041 Service of traditional foods in public facilities — added - Section 4033 of the Agricultural Act of 2014 (128 STAT. 818) is amended— - (1) in subsection (c) — - (A) by inserting “, a State, a country equivalent, or a local education agency,” after “programs” the 1st place it appears, - (B) by striking “ and facilities operated by tribal organizations, that primarily serve Indians” and inserting “and federally funded child nutrition and senior meal programs,”, and - (2) in subsection (d)(1) — - (A) by striking “and” the 1st place it appears, and - (B) by inserting “, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food service program” after “organization”. ## Sec. 4042 Extension of study on comparable access to supplemental nutrition assistance for Puerto Rico — added - (a) Amendments— Section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) is amended— - (1) in subsection (b) by striking “this Act” and inserting “Agriculture and Nutrition Act of 2018”, and - (2) in subsection (d)(1) by striking “2008” and inserting “2018”. - (b) Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) as amended by subsection (a). - (c) Appropriation in advance— Only funds appropriated under subsection (b) in advance specifically to carry out section 4142 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 STAT. 1881) as amended by subsection (a) shall be available to carry out such section as so amended. ## Sec. 4043 Administrative flexibility for States — added - Section 11(e)(6)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(6)(B)) is amended to read as follows: - “(B) personnel of the State agency or, at the option of the State agency and by contract with the State agency, personnel of an entity that has no direct or indirect financial interest in an approved retail food store, may undertake such certification or carry out any other function of the State agency under the supplemental nutrition assistance program and without restriction by the Secretary on the State agency’s use of nongovernmental employees to perform program eligibility or any other administrative function to carry out such program;” ## Sec. 4103 Eligibility for commodity supplemental food program - 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— - (1) by striking “Except” and inserting the following: - “(1) In general—Except” - (2) by adding at the end the following: - “(2) Certification - “(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. - “(B) Minimum certification period—Subject to subparagraph (C), a State shall establish a certification period of not less than 1 year. - “(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— - “(i) verifies the address and continued interest of each participant in receiving program benefits; and - “(ii) has sufficient reason to determine that the participant still meets the income eligibility standards, which may include a determination that the participant has a fixed income.” ## Sec. 4104 Distribution of surplus commodities to special nutrition projects — added - Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)(A)) is amended by striking “2018 ” and inserting “2023”. ## Sec. 4205 Review and revision of certain nutrition regulations — added - (a) Review of existing regulations— Not later than 90 days after the date of the enactment of this Act and for the purposes described in subsection (b), the Secretary shall review— - (1) the final regulations on “National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger- Free Kids Act of 2010” published by the Department of Agriculture in the Federal Register on July 29, 2016 (81 Fed. Reg. 50123 et seq.); and - (2) the final regulations on “Nutrition Standards in the National School Lunch and School Breakfast Programs” published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.). - (b) Finalizing new regulations— Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with school nutrition personnel and school leaders (including school administrators, school boards, and parents), shall finalize new regulations that revise the regulations described in subsection (a) based on the review of such regulations under such subsection, including any requirements for milk, to ensure that the requirements of such regulations— - (1) are based on research based on school-age children; - (2) do not add costs in addition to the reimbursements required to carry out the school lunch program authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and - (3) maintain healthy meals for students. ## Sec. 5603 GAO report on ability of the Farm Credit System to meet the agricultural credit needs of Indian tribes and their members — added - (a) In general— The Comptroller General of the United States shall— - (1) study the agricultural credit needs of farms, ranches, and related agricultural businesses that are owned or operated by— - (A) Indian tribes on tribal lands; or - (B) enrolled members of Indian tribes on Indian allotments; and - (2) determine whether the institutions of the Farm Credit System have sufficient authority and resources to meet the needs. - (b) Definition of indian tribe— In subsection (a), the term “Indian tribe” means an Indian tribal entity that is eligible for funding and services from the Bureau of Indian Affairs by virtue of the status of the entity as an Indian tribe. - (c) Report to the Congress— Within 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committees on Agriculture and on Natural Resources of the House of Representatives a written report that contains the findings of the study conducted under subsection (a). If the Comptroller General finds that the institutions of the Farm Credit System do not have sufficient authority or resources to meet the needs referred to in subsection (a), the report shall include such legislative and other recommendations as the Comptroller General determines would result in a system under which the needs are met in an equitable and effective manner. ## Sec. 6001 Prioritizing projects to meet health crises in rural America - (a) Temporary prioritization of rural health assistance— Title VI of the Rural Development Act of 1972 (7 U.S.C. 2204a–2204b) is amended by adding at the end the following: - “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— - “(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 - “(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.” - (b) Distance learning and telemedicine— Section 2333(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2(c)) is amended by adding at the end the following: - “(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.” - (c) Community facilities direct loans and grants— Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the following: - “(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.” - (d) Rural health and safety education programs— - (1) In general— Section 502(i) of the Rural Development Act of 1972 (7 U.S.C. 2662(i)) is amended— - (A) by redesignating paragraph (5) as paragraph (6); and - (B) by inserting after paragraph (4) the following: - “(5) Procedure during temporary reprioritizations—While a temporary reprioritization announced under section 608 of the Rural Development Act of 1972 is in effect, in making grants under this subsection, the Secretary shall give priority to an applicant that will use the grant to address the announced emergency.” - (2) Technical amendments— Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.), as amended by paragraph (1) of this subsection, is amended— - (A) in section 502, in the matter preceding subsection (a), by inserting “(referred to in this title as the Secretary)” after “Agriculture”; and - (B) by striking “Secretary of Agriculture” each place it appears (other than in section 502 in the matter preceding subsection (a)) and inserting “Secretary”. ## Sec. 6005 Refinancing of certain rural hospital debt — added - Subtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) is amended by inserting after section 341 the following: - “342. Refinancing of certain rural hospital debt - “Assistance under section 306(a) for a community facility or under section 310B may include the refinancing of a debt obligation of a rural hospital as an eligible loan or loan guarantee purpose if the assistance would help preserve access to a health service in a rural community and meaningfully improve the financial position of the hospital.” ## Sec. 6102 Incentives for hard to reach communities - 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 - “(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— - “(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.” ## Sec. 6116 Federal broadband program coordination - (a) In general—Consultation between USDA and NTIA— The amendments made by this subtitle Secretary shall not take effect until consult with the Assistant Secretary of Agriculture has issued final regulations to implement assist in the amendments.verification of eligibility of the broadband loan and grant programs of the Department of Agriculture. In providing assistance under the preceding sentence, the Assistant Secretary shall make available the broadband assessment and mapping capabilities of the National Telecommunications and Information Administration. - (b) Consultation between USDA and FCC— - (1) By USDA— The Secretary shall consult with the Commission before making a broadband loan or grant for a project to serve an area with respect to which another entity is receiving Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). - (2) By FCC— The Commission shall consult with the Secretary before offering or providing Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) to serve an area with respect to which another entity has received an award under a broadband loan or grant program of the Department of Agriculture. - (c) Report to Congress— Not later than 1 year after the date of the enactment of this Act, the Secretary, the Commission, and the Assistant Secretary shall submit to the Committee on Agriculture and the Committee on Energy and Commerce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate a report on how best to coordinate federally supported broadband programs and activities in order to achieve the following objectives: - (1) Promote high-quality broadband service that meets the long-term needs of rural residents and businesses, by evaluating the broadband service needs in rural areas for each decade through 2050. - (2) Support the long-term viability, sustainability, and utility of federally supported rural broadband infrastructure, by analyzing the technical capabilities of the technologies currently available and reasonably expected to be available by 2035 to meet the broadband service needs of rural residents identified under paragraph (1), including by analyzing the following: - (A) The real-world performance of such technologies, including data rates, latency, data usage restrictions, and other aspects of service quality, as defined by the Commission. - (B) The suitability of each such technology for residential, agricultural, educational, healthcare, commercial, and industrial purposes in rural areas. - (C) The cost to deploy and support such technologies in several rural geographies. - (D) The costs associated with online platforms, specifically the resulting constraints on rural network bandwidth. - (3) Identify and quantify the availability of broadband service and ongoing broadband deployment in rural areas, including ways to do the following: - (A) Harmonize broadband notification and reporting requirements and develop common verification procedures across all federally supported broadband programs. - (B) Consolidate and utilize the existing broadband service data. - (C) Collect and share data on those projects in rural areas where Federal programs are currently supporting broadband deployment, including areas with respect to which an entity is receiving— - (i) support under a broadband loan or grant program of the Department of Agriculture; or - (ii) Connect America Fund or Mobility Fund support under the Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). - (D) Leverage support technologies and services from online platforms for providers of broadband service in rural areas. - (d) Definitions— In this section: - (1) Assistant Secretary— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information. - (2) Commission— The term “Commission” means the Federal Communications Commission. - (3) Rural area— The term “rural area” has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936. - (b) Deadline for issuing regulations— Within 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall prescribe final regulations to implement the amendments made by sections 6101 and 6102. ## Sec. 6117 Effective date — added - (a) In general— The amendments made by this subtitle shall not take effect until the Secretary of Agriculture has issued final regulations to implement the amendments. - (b) Deadline for issuing regulations— Within 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall prescribe final regulations to implement the amendments made by sections 6101 and 6102. ## Sec. 6201 Strengthening regional economic development incentives - 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; - “(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.” ## Sec. 6223 Delta Regional Authority - (a) Authorization of Appropriations— Section 382M(a) of the Consolidated Farm and Rural Development Act (7 (U.S.C. U.S.C. 2009aa–12(a)) is amended by striking “2008 through 2018” and inserting “2019 through 2023”. - (b) Termination of authority— Section 382N of such Act (7 U.S.C. 2009aa–13) is amended by striking “2018” and inserting “2023”. ## Sec. 6303 Improvements to the guaranteed underwriter program - (a) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1) 940c–1) is amended— - (1) by striking subsection (a) and inserting the following: - “(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) in subsection (b)— - (A) in paragraph (1), by striking “for eligible electrification or telephone purposes consistent with this Act” and inserting “to borrowers described in subsection (a)”; and - (B) in paragraph (3)— - (i) in subparagraph (A), by striking “for electrification or telephone purposes” and inserting “to borrowers under this Act”; and - (ii) in subparagraph (C), by striking “for eligible purposes described in subsection (a)” and inserting “to borrowers described in subsection (a)”. - (b) - (1) The Secretary shall carry out section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1), including the amendments made by this section, under a Notice of Solicitation of Applications until all regulations necessary to carry out the amendments made by this section are fully implemented. - (2) Paragraph (1) shall take effect on the date of the enactment of this Act. ## Sec. 6304 Extension of the rural economic development loan and grant program - (a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 (7 U.S.C. 912(b)(3)(D)) is amended by striking “313(b)(2)(A)” and inserting “313(b)(2)”. - (b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is amended— - (1) by striking all that precedes “shall maintain” and inserting the following: - “(2) Rural economic development subaccount—The Secretary” - (2) by striking subparagraphs (B) through (E). - (c) Title III of such Act (7 U.S.C. 931–940h) is amended by inserting after section 313A the following: - “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.” - (d) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1) 940c–1) is amended— - (1) in subsection (c)(4)— - (A) in subparagraph (A), by striking “maintained under section 313(b)(2)(A)” and inserting “that shall be maintained as required by sections 313(b)(2) and 313B(f)”; and - (B) in subparagraph (B), by striking “313(b)(2)(B)” and inserting “313(b)(2)”; and - (2) in subsection (e)(2), by striking “ maintained “maintained under section 313(b)(2)(A)” and inserting “required to be maintained by sections 313(b)(2) and 313B(f)”. - (e) - (1) Subject to section 313B(e) of the Rural Electrification Act of 1936 (as added by this section), the Secretary of Agriculture shall carry out the loan and grant program required under such section in the same manner as the loan and grant program under section 313(b)(2) of such Act is carried out on the day before the date of the enactment of this Act, until such time as any regulations necessary to carry out the amendments made by this section are fully implemented. - (2) Paragraph (1) shall take effect on the date of the enactment of this Act. ## Sec. 6402 Biobased markets program - Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended— - (1) by amending subsection (i) to read as follows: - “(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.” - (2) by adding at the end the following: - “(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.” ## Sec. 6505 Limited exclusion of military base residents from definition of rural area — added - (a) Programs under the Consolidated Farm and Rural Development Act— Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)), as amended by section 6218 of this Act, is amended— - (1) in subparagraph (A), by striking “(H)” and inserting “(I)”; and - (2) by adding at the end the following: - “(I) Limited exclusion of military base populations—The first 1,500 individuals who reside in housing located on a military base shall not be included in determining whether an area is “rural” or a “rural area”.” - (b) Rural broadband loans and guarantee program— Section 601(b)(3) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)) is amended by adding at the end the following: - “(C) Exclusion of military base populations—The first 1,500 individuals who reside in housing located on a military base shall not be included in determining whether an area is a “rural area”.” - (c) Distance learning and telemedicine loans and grants— Section 2332 of the Food Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–1) is amended by adding at the end the following: - “(4) Rural area—The term “rural area” has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936.” ## Sec. 6601 Elimination of unfunded programs - (a) Consolidated Farm and Rural Development Act— - (1) Repealers— The following provisions of the Consolidated Farm and Rural Development Act are hereby repealed: - (A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)). - (B) Section 310B(f) (7 U.S.C. 1932(f)). - (C) Section 379 (7 U.S.C. 2008n). - (D) Section 379A (7 U.S.C. 2008o). - (E) Section 379C (7 U.S.C. 2008q). - (F) Section 379D (7 U.S.C. 2008r). - (G) Section 379F (7 U.S.C. 2008t). - (H) Subtitle I (7 U.S.C. 2009dd–2009dd-7).2009dd–2009dd–7). - (2) Conforming amendment— Section 333A(h) of such Act (7 U.S.C. 1983a(h)) is amended by striking “310B(f),”. - (b) Rural Electrification Act of 1936— - (1) In general— The following provisions of the Rural Electrification Act of 1936 are hereby repealed: - (A) Section 314 (7 U.S.C. 940d). - (B) Section 602 (7 U.S.C. 950bb-1).950bb–1). - (2) Conforming amendment— Sections 604 and 605 of such Act, as added by sections 6102 and 6115 of this Act, are redesignated as sections 602 and 604, respectively, and section 602 (as so redesignated) is transferred to just after section 601 of the Rural Electrification Act of 1936. ## Sec. 6602 Repeal of Rural Telephone Bank - (a) Repeal— Title IV of the Rural Electrification Act of 1936 (7 U.S.C. 941–950b) is repealed. - (b) Conforming amendments— - (1) Section 18 of such Act (7 U.S.C. 918) is amended in each of subsections (a) and (b) by striking “and the Governor of the telephone bank”. - (2) Section 204 of such Act (7 U.S.C. 925) is amended by striking “and the Governor of the telephone bank”. - (3) Section 205(a) of such Act (7 U.S.C. 926) is amended— - (A) in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; and - (B) in paragraph (2), by striking “or the Governor of the telephone bank”. - (4) Section 206(a) of such Act (7 U.S.C. 927(a)) is amended— - (A) in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; and - (B) in paragraph (4), by striking “or 408”. - (5) Section 206(b) of such Act (7 U.S.C. 927(b)) is amended— - (A) in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; - (B) in paragraph (1), by striking “, or a Rural Telephone Bank loan,”; and - (C) in paragraph (2), by striking “, the Rural Telephone Bank,”. - (6) Section 207(1) of such Act (7 U.S.C. 928(1)) is amended— - (A) by striking “305,” and inserting “ 305 “305 or”; and - (B) by striking “, or a loan under section 408,”. - (7) Section 301 of such Act (7 U.S.C. 931) is amended— - (A) in paragraph (3), by striking “except for net collection proceeds previously appropriated for the purchase of class A stock in the Rural Telephone Bank,”; - (B) by adding “or” at the end of paragraph (4); - (C) by striking “; and” at the end of paragraph (5) and inserting a period; and - (D) by striking paragraph (6). - (8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) is amended— - (A) in clause (i), by striking “and a loan under section 408”; and - (B) in clause (ii), by striking “and under section 408” each place it appears. - (9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C)) is amended by striking “and section 408(b)(4)(C), the Secretary and the Governor of the telephone bank” and inserting “the Secretary”. - (10) Section 306 of such Act (7 U.S.C. 936) is amended by striking “the Rural Telephone Bank, National Rural Utilities Cooperative Finance Corporation,” and inserting “the National Rural Utilities Cooperative Finance Corporation”. - (11) Section 309 of such Act (7 U.S.C. 739) is amended by striking the last sentence. - (12) Section 2352(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 901 note) is amended by striking “the Rural Telephone Bank and”. - (13) The first section of Public Law 92–12 (7 U.S.C. 921a) is repealed. - (14) The first section of Public Law 92–324 (7 U.S.C. 921b) is repealed. - (15) Section 1414 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 944a) is repealed. - (16) Section 1411 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 948 notes) is amended by striking subsections (a) and (b). - (17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended by striking “or a loan or loan commitment from the Rural Telephone Bank,”. - (18) Section 105(d) of the National Consumer Cooperative Bank Act (12 U.S.C. 3015(d)) is amended by striking “the Rural Telephone Bank,”. - (19) Section 9101 of title 31, United States Code, is amended— - (A) in paragraph (2), by striking subparagraph (H) and redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively; and - (B) in paragraph (3), by striking subparagraph (K) and redesignating subparagraphs (L) through (R) as subparagraphs (K) through (P), respectively. - (20) Section 9108(d)(2) of title 31, United States Code, is amended by striking “the Rural Telephone Bank (when the ownership, control, and operation of the Bank are converted under section 410(a) of the Rural Electrification Act of 1936 (7 U.S.C. 950(a))),”. ## Sec. 6701 Corrections relating to the Consolidated Farm and Rural Development Act - (a) - (1) Section 306(a)(19)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting after “nonprofit corporations” the following: “, Indian tribes Tribes (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act)”. - (2) The amendment made by this subsection shall take effect as if included in section 773 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (H.R. 5426 of the 106th Congress, as enacted by Public Law 106–387 (114 Stat. 1549A–45)) in lieu of the amendment made by such section. - (b) - (1) Section 309A(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a(b)) is amended by striking “and section 308”. - (2) The amendment made by this subsection shall take effect as if included in the enactment of section 661(c)(2) of the Federal Agricultural Improvement and Reform Act of 1996 (Public Law 104–127). - (c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking “and” after the semicolon and inserting “or”. - (d) - (1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting “, except that the Secretary shall not require non-Federal financial support in an amount that is greater than 5 percent in the case of a 1994 institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382))” before the period at the end. - (2) The amendment made by this subsection shall take effect as if included in the enactment of section 6015 of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171). - (e) - (1) Section 381E(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. - (2) The amendment made by paragraph (1) shall take effect as if included in the enactment of section 6012(b) of the Agricultural Act of 2014 (Public Law 113–79). - (f) - (1) Section 382A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa) is amended by adding at the end the following: - “(4) Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Delta Regional Authority and shall be entitled to all rights and privileges that said membership affords to all other participating States in the Delta Regional Authority.” - (2) The amendment made by this subsection shall take effect as if included in the enactment of section 153(b) of division B of H.R. 5666, as introduced in the 106th Congress, and as enacted by section 1(4) of the Consolidated Appropriations Act, 2001 (Appendix D of Public Law 106–554; 114 Stat. 2763A–252). - (g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving clause (iv) 2 ems to the right. - (h) Section 383G(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-5(c)) is amended— - (1) in the subsection heading by striking “Telecommunication Renewable Energy,,” and inserting “Telecommunication, Renewable Energy,”; and - (2) in the text, by striking “,,” and inserting a comma. ## Sec. 6801 Findings — added - Congress finds the following: - (1) Precision agriculture technologies and practices allow farmers to significantly increase crop yields, eliminate overlap in operations, and reduce inputs such as seed, fertilizer, pesticides, water, and fuel. - (2) These technologies allow farmers to collect data in real time about their fields, automate field management, and maximize resources. - (3) Studies estimate that precision agriculture technologies can reduce agricultural operation costs by up to 25 dollars per acre and increase farm yields by up to 70 percent by 2050. - (4) The critical cost savings and productivity benefits of precision agriculture cannot be realized without the availability of reliable broadband Internet access service delivered to the agricultural land of the United States. - (5) The deployment of broadband Internet access service to unserved and underserved agricultural land is critical to the United States economy and to the continued leadership of the United States in global food production. - (6) Despite the growing demand for broadband Internet access service on agricultural land, broadband Internet access service is not consistently available where needed for agricultural operations. - (7) The Federal Communications Commission has an important role to play in the deployment of broadband Internet access service on unserved and underserved agricultural land to promote precision agriculture. ## Sec. 6802 Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture — added - (a) Definitions— In this section— - (1) the term broadband Internet access service has the meaning given the term in section 8.2 of title 47, Code of Federal Regulations, or any successor regulation; - (2) the term Commission means the Federal Communications Commission; - (3) the term Department means the Department of Agriculture; and - (4) the term Task Force means the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States established under subsection (b). - (b) Establishment— Not later than 1 year after the date of enactment of this Act, the Commission shall establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. - (c) Duties— - (1) In general— The Task Force shall consult with the Secretary, or a designee of the Secretary, and collaborate with public and private stakeholders in the agriculture and technology fields to— - (A) identify and measure current gaps in the availability of broadband Internet access service on agricultural land; - (B) develop policy recommendations to promote the rapid, expanded deployment of broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95 percent of agricultural land in the United States by 2025; - (C) promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture; - (D) recommend specific new rules or amendments to existing rules of the Commission that the Commission should issue to achieve the goals and purposes of the policy recommendations described in subparagraph (B); - (E) recommend specific steps that the Commission should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as may be necessary to target funding support, from existing or future programs of the Commission dedicated to the deployment of broadband Internet access service, to unserved agricultural land in need of broadband Internet access service; and - (F) recommend specific steps that the Commission should consider to ensure that the expertise of the Secretary and available farm data are reflected in existing or future programs of the Commission dedicated to the infrastructure deployment of broadband Internet access service and to direct available funding to unserved agricultural land where needed. - (2) Consultation— The Secretary, or a designee of the Secretary, shall explain and make available to the Task Force the expertise, data mapping information, and resources of the Department that the Department uses to identify cropland, ranchland, and other areas with agricultural operations that may be helpful in developing the recommendations required under paragraph (1). - (3) List of available Federal programs and resources— Not later than 180 days after the date of enactment of this Act, the Secretary and the Commission shall jointly submit to the Task Force a list of all Federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land to assist the Task Force in carrying out the duties of the Task Force. - (d) Membership— - (1) In general— The Task Force shall be— - (A) composed of not more than 15 voting members who shall— - (i) be selected by the Chairman of the Commission, in consultation with the Secretary; and - (ii) include— - (I) agricultural producers representing diverse geographic regions and farm sizes, including owners and operators of farms of less than 100 acres; - (II) Internet service providers, including regional or rural fixed and mobile broadband Internet access service providers and telecommunications infrastructure providers; - (III) representatives from the electric cooperative industry; - (IV) representatives from the satellite industry; - (V) representatives from precision agriculture equipment manufacturers, including drone manufacturers, manufacturers of autonomous agricultural machinery, and manufacturers of farming robotics technologies; and - (VI) representatives from State and local governments; and - (B) fairly balanced in terms of technologies, points of view, and fields represented on the Task Force. - (2) Period of appointment; vacancies— - (A) In general— A member of the Committee appointed under paragraph (1)(A) shall serve for a single term of 2 years. - (B) Vacancies— Any vacancy in the Task Force— - (i) shall not affect the powers of the Task Force; and - (ii) shall be filled in the same manner as the original appointment. - (3) Ex-officio member— The Secretary, or a designee of the Secretary, shall serve as an ex-officio, nonvoting member of the Task Force. - (e) Reports— Not later than 1 year after the date on which the Commission establishes the Task Force, and annually thereafter, the Task Force shall submit to the Chairman of the Commission a report, which shall be made public not later than 30 days after the date on which the Chairman receives the report, that details— - (1) the status of fixed and mobile broadband Internet access service coverage of agricultural land; - (2) the projected future connectivity needs of agricultural operations, farmers, and ranchers; and - (3) the steps being taken to accurately measure the availability of broadband Internet access service on agricultural land and the limitations of current, as of the date of the report, measurement processes. - (f) Termination— The Commission shall renew the Task Force every 2 years until the Task Force terminates on January 1, 2025. ## Sec. 7113 Research and extension funding equity for recently designated 1890 Institutions - (a) Extension— Section 1444(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(b)) is amended, in the matter following paragraph (2)(B), by adding at the end the following: “Beginning with fiscal year 2019, in making the calculation under paragraph (1), any recently designated 1890 Institution shall be deemed to have been designated as an eligible institution on or before September 30, 1978. For purposes of the preceding sentence, a “recently designated 1890 Institution” means an 1890 Institution designated as such on or after September 30, 1999.”. - (b) Research— Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended— by adding at the end the following new paragraph: - “(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.” - 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: - “1446. Scholarships for students at 1890 institutions - “(a) In general - “(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— - “(A) have been accepted for admission at such college or university; - “(B) will be enrolled at such college or university not later than one year after the date of such acceptance; and - “(C) intend to pursue a career in the food and agricultural sciences, including a career in— - “(i) agribusiness; - “(ii) energy and renewable fuels; or - “(iii) financial management. - “(2) Amount of grant—Each grant made under this section shall be in the amount of $1,000,000. - “(b) Authorization of appropriations—There is authorized to be appropriated to carry out this section $19,000,000 for each of fiscal years 2019 through 2023.” ## Sec. 7114 Scholarships for students at 1890 institutions - 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: - “1446. Scholarships for students at 1890 institutions - “(a) In general - “(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— - “(A) have been accepted for admission at such college or university; - “(B) will be enrolled at such college or university not later than one year after the date of such acceptance; and - “(C) intend to pursue a career in the food and agricultural sciences, including a career in— - “(i) agribusiness; - “(ii) energy and renewable fuels; or - “(iii) financial management. - “(2) Amount of grant—Each grant made under this section shall be in the amount of $1,000,000. - “(b) Authorization of appropriations—There is authorized to be appropriated to carry out this section $19,000,000 for each of fiscal years 2019 through 2023.” ## Sec. 7115 Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University - 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”. ## Sec. 7116 Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions - 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”. ## Sec. 7117 Hispanic-serving institutions - 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”. - “1419C. Land-grant designation - “(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. - “(b) State funding—No State shall receive an increase in funding under a covered program as a result of the State’s designation of additional entities as eligible to receive such funding. - “(c) Covered program defined—For purposes of this section, the term covered program means agricultural research, extension, education, and related programs or grants established or available under any of the following: - “(1) Subsections (b), (c), and (d) of section 3 of the Smith-Lever Act (7 U.S.C. 343). - “(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.). - “(3) Sections 1444, 1445, and 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221; 3222; 3222b). - “(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.). - “(d) Exception—Nothing in this section shall be construed as limiting eligibility for a capacity and infrastructure program specified in section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is not a covered program. ” ## Sec. 7118 Land-grant designation - 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: - “1419C. Land-grant designation - “(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. - “(b) State funding—No State shall receive an increase in funding under a covered program as a result of the State’s designation of additional entities as eligible to receive such funding. - “(c) Covered program defined—For purposes of this section, the term covered program means agricultural research, extension, education, and related programs or grants established or available under any of the following: - “(1) Subsections (b), (c), and (d) of section 3 of the Smith-Lever Act (7 U.S.C. 343). - “(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.). - “(3) Sections 1444, 1445, and 1447 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221; 3222; 3222b). - “(4) Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.). - “(d) Exception—Nothing in this section shall be construed as limiting eligibility for a capacity and infrastructure program specified in section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is not a covered program.” ## Sec. 7119 Competitive grants for international agricultural science and education programs - 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”. - (1) in subsection (a), by striking “22 percent” and inserting “30 percent”; - (2) in subsection (b), by striking “Subsection (a)” and inserting “Subsections (a) and (c)”; and - (3) by adding at the end the following: - “(c) Treatment of subgrants—In the case of a grant described in subsection (a), the limitation on indirect costs specified in such subsection shall be applied to both the initial grant award and any subgrant of the Federal funds provided under the initial grant award so that the total of all indirect costs charged against the total of the Federal funds provided under the initial grant award does not exceed such limitation.” ## Sec. 7120 Limitation on indirect costs for agricultural research, education, and extension programs - 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— - (1) in subsection (a), by striking “22 percent” and inserting “30 percent”; - (2) in subsection (b), by striking “Subsection (a)” and inserting “Subsections (a) and (c)”; and - (3) by adding at the end the following: - “(c) Treatment of subgrants—In the case of a grant described in subsection (a), the limitation on indirect costs specified in such subsection shall be applied to both the initial grant award and any subgrant of the Federal funds provided under the initial grant award so that the total of all indirect costs charged against the total of the Federal funds provided under the initial grant award does not exceed such limitation.” - “1462A. Research equipment grants - “(a) In general—The Secretary may make competitive grants for the acquisition of special purpose scientific research equipment for use in the food and agricultural sciences programs of eligible institutions. - “(b) Maximum amount—The amount of a grant made to an eligible institution under this section may not exceed $500,000. - “(c) Prohibition on charge or equipment as indirect costs—The cost of acquisition or depreciation of equipment purchased with a grant under this section shall not be— - “(1) charged as an indirect cost against another Federal grant; or - “(2) included as part of the indirect cost pool for purposes of calculating the indirect cost rate of an eligible institution. - “(d) Eligible institutions defined—In this section, the term eligible institution means— - “(1) a college or university; or - “(2) a State cooperative institution. - “(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023.” ## Sec. 7121 Research equipment grants - 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: - “1462A. Research equipment grants - “(a) In general—The Secretary may make competitive grants for the acquisition of special purpose scientific research equipment for use in the food and agricultural sciences programs of eligible institutions. - “(b) Maximum amount—The amount of a grant made to an eligible institution under this section may not exceed $500,000. - “(c) Prohibition on charge or equipment as indirect costs—The cost of acquisition or depreciation of equipment purchased with a grant under this section shall not be— - “(1) charged as an indirect cost against another Federal grant; or - “(2) included as part of the indirect cost pool for purposes of calculating the indirect cost rate of an eligible institution. - “(d) Eligible institutions defined—In this section, the term eligible institution means— - “(1) a college or university; or - “(2) a State cooperative institution. - “(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023.” ## Sec. 7122 University research - 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”. ## Sec. 7123 Extension service - 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”. - (1) in subsection (a)— - (A) by striking “2018” and inserting “2023”; and - (B) by striking “crops,” and inserting “crops (including canola),”; - (2) in subsection (b)— - (A) by inserting “for agronomic rotational purposes and for use as a habitat for honey bees and other pollinators” after “alternative crops”; and - (B) by striking “commodities whose” and all that follows through the period at the end and inserting “commodities.”; and - (3) in subsection (e)(2), by striking “2018” and inserting “2023”. ## Sec. 7124 Supplemental and alternative crops - 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— - (1) in subsection (a)— - (A) by striking “2018” and inserting “2023”; and - (B) by striking “crops,” and inserting “crops (including canola),”; - (2) in subsection (b)— - (A) by inserting “for agronomic rotational purposes and for use as a habitat for honey bees and other pollinators” after “alternative crops”; and - (B) by striking “commodities whose” and all that follows through the period at the end and inserting “commodities.”; and - (3) in subsection (e)(2), by striking “2018” and inserting “2023”. ## Sec. 7125 Capacity building grants for NLGCA institutions - 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”. ## Sec. 7126 Aquaculture assistance programs - 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”. ## Sec. 7127 Rangeland research programs - 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”. - (1) in subsection (a)— - (A) in paragraph (1), by striking “and” at the end; - (B) in paragraph (2), by striking the period at the end and inserting “; and”; and - (C) by adding at the end the following new paragraph: - “(3) $30,000,000 for each of fiscal years 2019 through 2023.” - (2) in subsection (b)— - (A) in the matter preceding paragraph (1), by inserting “and cooperative agreements” after “competitive grants”; - (B) in paragraph (3), by striking “make competitive grants” and inserting “award competitive grants and cooperative agreements”; and - (C) by adding at the end the following new paragraph: - “(5) To coordinate the tactical science activities of the Research, Education, and Economics mission area of the Department that protect the integrity, reliability, sustainability, and profitability of the food and agricultural system of the United States against biosecurity threats from pests, diseases, contaminants, and disasters.” ## Sec. 7128 Special authorization for biosecurity planning and response - Section 1484 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended— - (a) Distance education grants for insular areas— Section 1490(f)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by striking “2018” and inserting “2023”. - (1) Resident instruction grants for insular areas— Section 1491(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended by striking “2018” and inserting “2023”.in subsection (a)— - (A) in paragraph (1), by striking “and” at the end; - (B) in paragraph (2), by striking the period at the end and inserting “; and”; and - (C) by adding at the end the following new paragraph: - “(3) $30,000,000 for each of fiscal years 2019 through 2023.” - (2) in subsection (b)— - (A) in the matter preceding paragraph (1), by inserting “and cooperative agreements” after “competitive grants”; - (B) in paragraph (3), by striking “make competitive grants” and inserting “award competitive grants and cooperative agreements”; and - (C) by adding at the end the following new paragraph: - “(5) To coordinate the tactical science activities of the Research, Education, and Economics mission area of the Department that protect the integrity, reliability, sustainability, and profitability of the food and agricultural system of the United States against biosecurity threats from pests, diseases, contaminants, and disasters.” ## Sec. 7129 Distance education and resident instruction grants program for insular area institutions of higher education - (a) Distance education grants for insular areas— Section 1490(f)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by striking “2018” and inserting “2023”. - (b) Resident instruction grants for insular areas— Section 1491(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended by striking “2018” and inserting “2023”. - 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). ## Sec. 7130 Removal of matching funds requirement for certain grants — added - 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). ## Sec. 7208 High-priority research and extension initiatives - Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended— - (1) in subsection (d)— - (A) in paragraph (8)— - (i) in the heading, by striking “Alfalfa and forage” and inserting “Alfalfa seed and alfalfa forage systems”; - (ii) by striking “alfalfa and forage” and inserting “alfalfa seed and alfalfa forage systems”; and - (iii) by striking “alfalfa and other forages, and” and inserting “alfalfa seed and other alfalfa forage”; and - (B) by adding at the end the following new paragraphs: - “(11) Macadamia tree health initiative—Research and extension grants may be made under this section for the purposes of— - “(A) developing and disseminating science-based tools and treatments to combat the macadamia felted coccid (Eriococcus ironsidei); and - “(B) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, the macadamia felted coccid. - “(12) National turfgrass research initiative—Research and extension grants may be made under this section for the purposes of— - “(A) carrying out or enhancing research related to turfgrass and sod issues; - “(B) enhancing production and uses of turfgrass for the general public; - “(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use; - “(D) selecting genetically superior turfgrasses and developing improved technologies for managing commercial, residential, and recreational turfgrass areas; - “(E) producing turfgrasses that— - “(i) aid in mitigating soil erosion; - “(ii) protect against pollutant runoff into waterways; or - “(iii) provide other environmental benefits; - “(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems; - “(G) creating systems for more economical and viable turfgrass seed and sod production throughout the United States; and - “(H) investigating the turfgrass phytobiome and developing biologic products to enhance soil, enrich plants, and mitigate pests. - “(13) Fertilizer management initiative - “(A) In general—Research and extension grants may be made under this section for the purpose of carrying out research to improve fertilizer use efficiency in crops— - “(i) to maximize crop yield; and - “(ii) to minimize nutrient losses to surface and groundwater and the atmosphere. - “(B) Priority—In awarding grants under subparagraph (A), the Secretary shall give priority to research examining the impact of the source, rate, timing, and placement of plant nutrients. - “(14) Cattle fever tick program—Research and extension grants may be made under this section to study cattle fever ticks— - “(A) to facilitate the understanding of the role of wildlife in the persistence and spread of cattle fever ticks; - “(B) to develop advanced methods for eradication of cattle fever ticks, including— - “(i) alternative treatment methods for cattle and other susceptible species; - “(ii) field treatment for premises, including corral pens and pasture loafing areas; - “(iii) methods for treatment and control on infested wildlife; - “(iv) biological control agents; and - “(v) new and improved vaccines; - “(C) to evaluate rangeland vegetation that impacts the survival of cattle fever ticks; - “(D) to improve management of diseases relating to cattle fever ticks that are associated with wildlife, livestock, and human health; - “(E) to improve diagnostic detection of tick-infested or infected animals and pastures; and - “(F) to conduct outreach to impacted ranchers, hunters, and landowners to integrate tactics and document sustainability of best practices. - “(15) Laying hen and turkey research program—Research grants may be made under this section for the purpose of improving the efficiency and sustainability of laying hen and turkey production through integrated, collaborative research and technology transfer. Emphasis may be placed on laying hen and turkey disease prevention, antimicrobial resistance, nutrition, gut health, and alternative housing systems under extreme seasonal weather conditions. - “(16) 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. - “(17) Algae agriculture research program—Research and extension grants may be made under this section for the development and testing of algae and algae systems (including micro- and macro-algae systems).” - (2) in subsection (e)(5), by striking “2018” and inserting “2023”; - (3) in subsection (f)(5), by striking “2018” and inserting “2023”; - (4) in subsection (g), by striking “2018” each place it appears and inserting “2023”; and - (5) in subsection (h), by striking “2018” and inserting “2023”. ## Sec. 7305 Specialty crop research initiative - (a) Elements of initiative— Section 412(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(b)) is amended— - (1) in paragraph (1)— - (A) in subparagraph (D), by striking “; and” and inserting a semicolon; - (B) in subparagraph (E), by adding “and” at the end; and - (C) by adding at the end the following new subparagraph: - “(F) size-controlling rootstock systems for perennial crops;” - (2) in paragraph (2)— - (A) by striking “including threats to specialty crop pollinators;” and inserting the following: - “(A) threats to specialty crop pollinators; and” - (B) by adding at the end the following new subparagraph: - “(B) emerging and invasive species;” - (3) in paragraph (3), by striking “marketing);” and inserting the following: - “(A) pesticide application systems and certified drift-reduction technologies; and - “(B) systems to improve and extend storage life of specialty crops;” - (4) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; - (5) by inserting after paragraph (3) the following new paragraph: - “(4) efforts to promote a more effective understanding and use of existing natural enemy complexes;” - (6) in paragraph (5) (as redesignated by paragraph (4))— - (A) by striking “including improved mechanization and technologies that delay or inhibit ripening; and” and inserting the following: - “(A) technologies that delay or inhibit ripening;” - (B) by adding at the end the following new subparagraphs: - “(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” - (b) Priorities— Section 412(h)(1) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)(1)) is amended by striking “multi-institutional” and inserting “or multi-institutional”. - (c) [was (3)] Emergency Citrus Disease Research and Extension Program— Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended— - (1) [was (3)(3)] in subsection (j)(5), by striking “2018” and inserting “2023”; and - (2) [was (3)(4)] in subsection (k)(1)(C), by striking “2018” and inserting “2023”. - (d) [was (4)] Authorization of appropriations— Section 412(k)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(k)(2)) is amended— - (1) [was (4)(3)] in the subsection heading, by striking “2018” and inserting “2023”; and - (2) [was (4)(4)] by striking “2018” and inserting “2023”. ## Sec. 7604 Farmland tenure, transition, and entry data initiative - (a) In general— The Secretary shall collect and report data and analysis on farmland ownership, tenure, transition, and entry of beginning farmers or ranchers. - (b) Requirements— In carrying out subsection (a), the Secretary shall— - (1) collect and distribute comprehensive annual reporting of trends in farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers or ranchers; and - (2) develop surveys and report statistical and economic analysis on farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers.farmers or ranchers. - (c) Funding— There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. - (d) Conforming amendment regarding confidentiality of information— Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended— - (1) in paragraph (11), by striking “or” at the end; - (2) in paragraph (12), by striking the period at the end and inserting “; or”; and - (3) by adding at the end the following new paragraph: - “(13) section 7604 of the Agriculture and Nutrition Act of 2018.” ## Sec. 8107 Healthy Forests Restoration Act of 2003 amendments - (a) Healthy forests reserve program— - (1) Additional purpose of program— Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended— - (A) by striking “and” at the end of paragraph (2); - (B) by redesignating paragraph (3) as paragraph (4); and - (C) by inserting after paragraph (2) the following new paragraph: - “(3) to conserve forest land that provides habitat for species described in section 502(b)(1); and” - (2) Eligibility for enrollment— Subsection (b) of section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended to read as follows: - “(b) Eligibility—To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably— - “(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or - “(2) improve the well-being of a species that— - “(A) is— - “(i) not listed as endangered or threatened under such section; and - “(ii) a candidate for such listing, a State-listed species, or a special concern species; or - “(B) is deemed a species of greatest conservation need by a State wildlife action plan.” - (3) Other enrollment considerations— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended— - (A) by striking “and” at the end of paragraph (1); - (B) by redesignating paragraph (2) as paragraph (3); and - (C) by inserting after paragraph (1) the following new paragraph: - “(2) conserve forest lands that provide habitat for species described in subsection (b)(1); and” - (4) Elimination of limitation on use of easements— Section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). - (5) Enrollment of acreage owned by an Indian Tribe— Section 502(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)(3)(B)), as redesignated under paragraph (4), is amended by striking clauses (ii) and (iii) and inserting the following new clauses: - “(ii) a 10-year, cost-share agreement; - “(iii) a permanent easement; or - “(iv) any combination of the options described in clauses (i) through (iii).” - (6) Species-related enrollment priority— Subparagraph (B) of section 502(f)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)) is amended to read as follows: - “(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.” - (7) Restoration plans— Subsection (b) of section 503 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) is amended to read as follows: - “(b) Practices—The restoration plan shall require such restoration practices and measures, as are necessary to restore and enhance habitat for species described in section 502(b), including the following: - “(1) Land management practices. - “(2) Vegetative treatments. - “(3) Structural practices and measures. - “(4) Other practices and measures.” - (8) Funding— Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended— - (A) in the subsection heading, by striking “Fiscal Years 2014 through 2018” and inserting “Authorization of appropriations”; and - (B) by striking “2018” and inserting “2023”. - (9) Technical correction— Section 503(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended by striking “Secretary of Interior” and inserting “Secretary of the Interior”. - (b) Insect and disease infestation— - (1) Treatment of areas— Section 602(d)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is amended by striking “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.” and inserting the following: - “(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or - “(B) to reduce hazardous fuels.” - (2) Permanent authority— Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended by striking “for which a public notice to initiate scoping is issued on or before September 30, 2018,”. - (c) Administrative review— - (1) Clarification of treatment of areas— Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)) is amended by striking “in accordance with section 602(d)” and inserting “in accordance with section 602(d)(1)”. - (2) Project size and location— Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(1)) is amended by striking “3000” and inserting “6,000”. - (d) Stewardship project receipts— Section 604(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended— - (1) in paragraph (2)(B), by inserting “subject to paragraph (3)(A),” before “shall”; and - (2) in paragraph (3)(A), by striking “services received by the Chief or the Director” and all that follows through the period at the end and inserting the following: “services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands.”. ## Sec. 8109 Inclusion of invasive vegetation in designated treatment areas — added - Section 602 of the Healthy Forests Restoration Act of 2003 is amended— - (1) in subsection (a)— - (A) in paragraph (1), by inserting “, invasive vegetation,” after “insect”; and - (B) in paragraph (2), by inserting “, invasive vegetation,” after “insects”; and - (2) in subsection (b)(2), by inserting “, invasive vegetation,” after “insect”. ## Sec. 8331 Good neighbor agreements - Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended— - (1) in subsection (a)— - (A) in paragraph (1)(B), by striking “Secretary or a Governor” and inserting “Secretary, Governor, county, or Indian Tribe”; - (B) in paragraph (4) by striking “Secretary and a Governor” and inserting “Secretary and either a Governor Governor, county, or an Indian Tribe”; - (C) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; andadding at the end the following: - “(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)). - “(11) County—The term “county” has the meaning given the term in section 2 of title 1, United States Code.” - (D) by inserting after paragraph (5) the following new paragraph: - “(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));” - (2) in subsection (b)— - (A) in paragraph (1)(A), by inserting “or “, county, or an Indian Tribe” after “Governor”; and - (B) in paragraph (3), by inserting “or “, county, or an Indian Tribe” after “Governor”. ## Sec. 8334 Salvage and Reforestation in Response to Catastrophic Events — added - (a) Expedited salvage operations and reforestation activities following large-scale catastrophic events— - (1) Expedited environmental assessment— Notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within 60 days after the conclusion of the catastrophic event. - (2) Expedited implementation and completion— In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall, to the maximum extent practicable, achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event. - (3) Availability of Knutson-Vandenberg funds— Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) shall be available to the Secretary of Agriculture for reforestation activities authorized by this section. - (4) Timeline for Public Input Process— Notwithstanding any other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in paragraph (1), the Secretary concerned shall implement the project immediately. - (b) Compliance with forest plan— A salvage operation or reforestation activity authorized by this section shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity. - (c) Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal— No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event. Section 705 of title 5, United States Code, shall not apply to any challenge to the salvage operation or reforestation activity. ## Sec. 8335 Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities — added - (a) Application to certain Environmental Assessments and Environmental Impact Statements— This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest management activity that— - (1) is developed through a collaborative process; - (2) is proposed by a resource advisory committee; - (3) will occur on lands identified by the Secretary concerned as suitable for timber production; - (4) will occur on lands designated by the Secretary (or designee thereof) pursuant to section 602(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), notwithstanding whether such forest management activity is initiated prior to September 30, 2018; or - (5) is covered by a community wildfire protection plan. - (b) Consideration of Alternatives— In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives: - (1) The forest management activity. - (2) The alternative of no action. - (c) Elements of No Action Alternative— In the case of the alternative of no action, the Secretary concerned shall consider whether to evaluate— - (1) the effect of no action on— - (A) forest health; - (B) habitat diversity; - (C) wildfire potential; - (D) insect and disease potential; and - (E) timber production; and - (2) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— - (A) domestic water supply in the project area; - (B) wildlife habitat loss; and - (C) other economic and social factors. ## Sec. 8336 Injunctive relief — added - (a) Balancing short- and long-Term effects of forest management activities in considering injunctive relief— As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of— - (1) the short- and long-term effects of undertaking the agency action; against - (2) the short- and long-term effects of not undertaking the action. - (b) Time limitations for injunctive relief— - (1) In general— Subject to paragraph (2) the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity, shall not exceed 60 days. - (2) Renewal— - (A) In general— A court of competent jurisdiction may issue one or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1). - (B) Updates— In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity. ## Sec. 8337 Application of roadless area conservation rule — added - The roadless area conservation rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations), shall not apply to any National Forest System land in the State of Alaska. ## Sec. 8338 Vacant grazing allotments made available to certain grazing permit holders — added - (a) In general— The Secretary concerned shall, to the maximum extent practicable, make vacant grazing allotments available to a holder of a grazing permit or lease issued by such Secretary if the lands covered by the permit or lease are unusable because of a natural disaster (including a drought or wildfire), court-issued injunction, or conflict with wildlife, as determined by the Secretary concerned. - (b) Terms and conditions— The terms and conditions contained in a permit or lease for a vacant grazing allotment made available pursuant to this subsection (a) shall be the terms and conditions of the most recent permit or lease that was applicable to such allotment. - (c) Court-issued injunctions— A court may not issue any order enjoining the use of any allotment for which a permit or lease has been issued by the Secretary concerned and continues in effect unless the Secretary concerned can make a vacant grazing allotment available to the holder of such permit or lease. - (d) Environmental assessment under the National Environmental Policy Act— Activities carried out by the Secretary concerned pursuant to subsection (a) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ## Sec. 8339 Pilot project for forest health, watershed improvement, and habitat restoration in New Mexico — added - (a) Pilot project established— The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a pilot project within the Lincoln National Forest, Cibola National Forest, and Gila National Forest in the State of New Mexico to analyze and demonstrate the effectiveness of various tools and techniques to address the following natural resource concerns: - (1) Thinning for forest health. - (2) Watershed improvement. - (3) Habitat restoration. - (b) Authorized activities— The Secretary of Agriculture in carrying out the pilot project established under subsection (a) may conduct applied silvicultural investigations and treatments, including— - (1) silvicultural investigations conducted for the purposes of information gathering and research relating to the natural resource concerns described in subsection (a); and - (2) mechanical thinning. - (c) County refusal of silvicultural investigation or treatment— The Secretary may not carry out a silvicultural investigation or treatment under this section if a county in which such investigation or treatment would be conducted provides a refusal to the Secreteray with respect to such investigation or treatment. - (d) Environmental assessment under the National Environmental Policy Act— Forest management activities carried out by the Secretary of Agriculture under this section are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). - (f) Public participation— The Secretary shall encourage meaningful public participation during preparation of a silvicultural investigation or treatment under this section. - (g) Use of arbitration instead of litigation to address challenges to forest management activities— - (1) Discretionary arbitration process pilot program— - (A) In general— The Secretary of Agriculture shall establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the an objection or protest to a forest management activity carried out pursuant to this section. - (B) Activities described— The Secretary of Agriculture, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under subparagraph (A). - (C) Maximum amount of arbitrations— Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in each Forest Service Region. - (D) Determining amount of arbitrations— An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under subparagraph (C) unless— - (i) on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and - (ii) the arbitration proceeding has commenced with respect to such objection or protest. - (2) Intervening parties— - (A) Requirements— Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration— - (i) by endorsing— - (I) the forest management activity; or - (II) the modification proposal submitted under clause (ii); or - (ii) by submitting a proposal to further modify the forest management activity. - (B) Deadline for submission— With respect to an objection or protest that is designated for arbitration under paragraph (1)(B), a request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which such objection or protest was designated for arbitration. - (C) Multiple parties— Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of subparagraph (A). - (3) Appointment of arbitrator— - (A) Appointment— The Secretary of Agriculture shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the arbitration pilot program under this section. - (B) Qualifications— In order to be eligible to serve as an arbitrator under this paragraph, an individual shall be, on the date of the appointment of such arbitrator— - (i) certified by the American Arbitration Association; and - (ii) not a registered lobbyist. - (C) Selection of arbitrator— - (i) In general— For each arbitration commenced under this subsection, the Secretary concerned and each applicable objector or protestor shall agree, not later than 14 days after the agreement process is initiated, on a mutually acceptable arbitrator from the list published under subparagraph (A). - (ii) Appointment after 14-days— In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in clause (i), the Secretary concerned shall appoint an arbitrator from the list published under subparagraph (A). - (4) Selection of proposals— - (A) In general— The arbitrator appointed under paragraph (3)— - (i) may not modify any of the proposals submitted with the objection, protest, or request to intervene; and - (ii) shall select to be conducted— - (I) the forest management activity, as approved by the Secretary; or - (II) a proposal submitted by an objector or an intervening party. - (B) Selection criteria— An arbitrator shall, when selecting a proposal, consider— - (i) whether the proposal is consistent with the applicable forest plan, laws, and regulations; - (ii) whether the proposal can be carried out by the Secretary of Agriculture; and - (iii) the effect of each proposal on— - (I) forest health; - (II) habitat diversity; - (III) wildfire potential; - (IV) insect and disease potential; - (V) timber production; and - (VI) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— - (aa) domestic water costs; - (bb) wildlife habitat loss; and - (cc) other economic and social factors. - (5) Effect of decision— The decision of an arbitrator with respect to the forest management activity— - (A) shall not be considered a major Federal action; - (B) shall be binding; and - (C) shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code. - (6) Deadline for completion— Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed. - (h) Termination— The authority to carry out this section shall terminate on the date that is 7 years after the date of the enactment of this section. ## Sec. 8506 Conveyance of land and improvements to the village of Santa Clara, New Mexico — added - (a) Conveyance required— Subject to the provisions of this section, if the Village of Santa Clara, New Mexico, submits to the Secretary a written request for conveyance, the Secretary shall convey to the Village of Santa Clara all right, title, and interest of the United States in and to approximately 1,520 acres of National Forest System land, as generally depicted on the map. - (b) Map— - (1) Availability of map— The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service. - (2) Correction of errors— The Secretary may correct minor errors in the map. - (c) Consideration— - (1) In general— As consideration for the conveyance of land under subsection (a), the Village of Santa Clara shall pay to the Secretary an amount equal to the market value of the land, as determined by the appraisal under subsection (g). - (2) Installments— The amount described in paragraph (1) may be paid in periodic installments to the Secretary. - (3) Parcel conveyances— Upon receipt of an installment pursuant to paragraph (2), the Secretary shall convey to the Village of Santa Clara all right, title, and interest of the United States in and to a parcel of the land described subsection (a) that is equal in value to such installment and identified by the Village of Santa Clara at the time such installment is paid. - (d) Terms and conditions— The conveyance under subsection (a) shall be— - (1) subject to valid existing rights; - (2) made by quitclaim deed; - (3) subject to the reservation by the Secretary of an access easement over and across Fort Bayard Road; and - (4) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. - (e) Costs of conveyance— As a condition for the conveyance under subsection (a) and in addition to the consideration paid under subsection (c), the Village of Santa Clara shall pay for all costs associated with the conveyance, including for— - (1) the land survey under subsection (f); - (2) any environmental analysis and resource surveys determined necessary by Federal law; and - (3) the appraisal under subsection (g). - (f) Survey— The actual acreage and legal description of the National Forest System land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary; notwithstanding section 7 of title 43, United States Code, the Secretary is authorized to perform and approve any required cadastral surveys. - (g) Appraisal— The Secretary shall complete an appraisal of the land to be conveyed under subsection (a) in accordance with— - (1) the “Uniform Appraisal Standards for Federal Land Acquisitions”; and - (2) the “Uniform Standards of Professional Appraisal Practice”. - (h) Definitions— In this section: - (1) Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. - (2) Map— The term map means the map entitled “Village of Santa Clara Conveyance Act 2018” and dated February 21, 2018. ## Sec. 8507 Streamlining the Forest Service process for consideration of communications facility location applications — added - (a) Definitions— In this section: - (1) Communications facility— The term communications facility includes— - (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and - (B) any antenna or apparatus that— - (i) is designed for the purpose of emitting radio frequency; - (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and - (iii) is added to a tower, building, or other structure. - (2) Communications site— The term communications site means an area of covered land designated for communications uses. - (3) Communications use— The term communications use means the placement and operation of communications facility. - (4) Communications use authorization— The term communications use authorization means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use. - (5) Covered land— The term covered land means National Forest System land. - (6) Forest service— The term Forest Service means the United States Forest Service of the Department of Agriculture. - (7) Organizational unit— The term organizational unit means, within the Forest Service— - (A) a regional office; - (B) the headquarters; - (C) a management unit; or - (C) a ranger district office. - (b) Regulations— Notwithstanding section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) or section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (Public Law 115–141), not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations— - (1) to streamline the process for considering applications to locate or modify communications facilities on covered land; - (2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and - (3) to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis. - (c) Requirements— The regulations issued under subsection (b) shall include the following: - (1) Procedures for the tracking of applications described in subsection (b)(1), including— - (A) identifying the number of applications— - (i) received; - (ii) approved; and - (iii) denied; - (B) in the case of an application that is denied, describing the reasons for the denial; and - (C) describing the amount of time between the receipt of an application and the issuance of a final decision on an application. - (2) Provision for minimum lease terms of not less than 15 years for leases with respect to the location of communications facilities on covered land. - (3) A policy under which a communications use authorization renews automatically on expiration, unless the communications use authorization is revoked for good cause. - (4) A structure of fees for— - (A) submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and - (B) issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or other activities required to be performed by the Forest Service as a result of the location or modification of the communications facility. - (5) Provision that if the Forest Service does not grant or deny an application under subparagraph (A) by the deadline established in section 6409 of the Middle Class Tax Relief and Job Creation Act as amended by the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (47 U.S.C. 1455(b)(3)(A)), the Forest Service shall be deemed to have granted the application. - (6) Provision for prioritization or streamlining the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way. - (d) Additional considerations— In issuing regulations under subsection (b), the Secretary shall consider— - (1) how discrete reviews in considering an application described in subsection (b)(1) can be conducted simultaneously, rather than sequentially, by any organizational units of the Forest Service that must approve the location or modification; and - (2) how to eliminate overlapping requirements among the organizational units of the Forest Service with respect to the location or modification of a communications facility on covered land administered by those organizational units. - (e) Communication of streamlined process to organizational units— The Secretary shall, with respect to the regulations issued under subsection (b)— - (1) communicate the regulations to the organizational units of the Forest Service; and - (2) ensure that the organizational units of the Forest Service follow the regulations. - (f) Deposit and availability of fees— - (1) Special account— The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the deposit of fees collected by the Forest Service under subsection (c)(4) for communications use authorizations on covered land granted, issued, or executed by the Forest Service. - (2) Requirements for fees collected— Fees collected by the Forest Service under subsection (c)(4) shall be— - (A) based on the costs described in subsection (c)(4); and - (B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site. - (3) Deposit of fees— Fees collected by the Forest Service under subsection (c)(4) shall be deposited in the special account established for the Forest Service under paragraph (1). - (4) Availability of fees— Amounts deposited in the special account for the Forest Service shall be available, to the extent and in such amounts as are provided in advance in appropriation Acts, to the Secretary to cover costs incurred by the Forest Service described in subsection (c)(4), including the following: - (A) Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations. - (B) Developing management plans for communications sites. - (C) Training for management of communications sites. - (D) Obtaining or improving access to communications sites. - (5) No additional appropriations authorized— Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section. - (g) Savings provisions— - (1) Real property authorities— Nothing in this section, or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act. - (2) Effect on other laws— Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–387), or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could otherwise be sold, leased or redeveloped. ## Sec. 8508 Report on wildfire, insect infestation, and disease prevention on Federal land — added - Not later than 180 days after the date of the enactment of this Act and every year thereafter, the Secretary of Agriculture and the Secretary of Interior shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on— - (1) the number of acres of Federal land treated by the Secretary of Agriculture or the Secretary of the Interior for wildfire, insect infestation, or disease prevention; - (2) the number of acres of Federal land categorized as a high or extreme fire risk; - (3) the total timber production from Federal land; - (4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention; - (5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention; and - (6) the Federal response time for each fire on greater than 25,000 acres. ## Sec. 8509 Collaborative forest landscape restoration program — added - Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended— - (1) in subsection (d)(1)(B), by inserting “, except the Secretary may waive, on a case-by-case basis, the 10-year period requirement under paragraph (1)(B) of such subsection” after “subsection (b)”; and - (2) in subsection (f)— - (A) in paragraph (4)(B), by striking “proposal” and all that follows through “in excess” and inserting “proposal in excess”; and - (B) in paragraph (6), by striking “2019” and inserting “2023”. ## Sec. 8510 West Fork Fire Station — added - (a) Definitions— In this section: - (1) County— The term “County” means Dolores County, Colorado. - (2) West fork fire station conveyance parcel— The term “West Fork Fire Station Conveyance Parcel” means the parcel of approximately 3.61 acres of National Forest System land in the County, as depicted on the map entitled “Map for West Fork Fire Station Conveyance Parcel” and dated November 21, 2017. - (b) Conveyance of west fork fire station conveyance parcel, dolores county, colorado— - (1) In general— On receipt of a request from the County and subject to such terms and conditions as are mutually satisfactory to the Secretary and the County, including such additional terms as the Secretary determines to be necessary, the Secretary shall convey to the County without consideration all right, title, and interest of the United States in and to the West Fork Fire Station Conveyance Parcel. - (2) Costs— Any costs relating to the conveyance under paragraph (1), including processing and transaction costs, shall be paid by the County. - (3) Use of land— The land conveyed to the County under paragraph (1) shall be used by the County only for a fire station, related infrastructure, and roads to facilitate access to and through the West Fork Fire Station Conveyance Parcel. - (4) Reversion— If any portion of the land conveyed under paragraph (1) is used in a manner that is inconsistent with the use described in paragraph (3), the land shall, at the discretion of the Secretary, revert to the United States. ## Sec. 8511 Competitive forestry, natural resources, and environmental grants program — added - Section 1232 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 582a–8) is amended— - (1) in subsection (a) by inserting “or forest restoration” after “research”; and - (2) by amending subsection (c) to read as follows: - “(c) Priorities - “(1) Research—In awarding the initial grants under subsection (a) the Secretary shall give priority to applicants who will use such grants for research concerning— - “(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology; - “(B) ecosystem function and management, including forest ecosystem research, biodiversity, forest productivity, pest management, water resources, and alternative silvicultural systems; - “(C) wood as a raw material, including forest products and harvesting; - “(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and administrative behavior; - “(E) international trade, competition, and cooperation related to forest products; - “(F) alternative native crops, products, and services that can be produced from renewable natural resources associated with privately held forest lands; - “(G) viable economic production and marketing systems for alternative natural resource products and services; - “(H) economic and environmental benefits of various conservation practices on forest lands; - “(I) genetic tree improvement; and - “(J) market expansion. - “(2) Forest restoration—Grants may be used to support programs that restore forest tree species native to American forests that may have suffered severe levels of mortality caused by non-native insects, plant pathogens, or others pests. - “(A) Required component of forest restoration strategy—To receive a grant under this subsection, an eligible institution shall demonstrate that it offers a program with a forest restoration strategy that incorporates not less than one of the following components: - “(i) Collection and conservation of native tree genetic material. - “(ii) Production of propagules of native trees in numbers large enough for landscape scale restoration. - “(iii) Site preparation of former of native tree habitat. - “(iv) Planting of native tree seedlings. - “(v) Post-planting maintenance of native trees. - “(B) Award of grants—The Secretary shall award competitive grants under this subsection based on the degree to which the applicant addresses the following criteria: - “(i) Risk posed to the forests of that State by non-native pests, as measured by such factors as the number of such pests present in the State. - “(ii) The proportion of the State’s forest composed of species vulnerable to non-native pests present in the United States. - “(iii) The pests’ rate of spread via natural or human-assisted means.” ## Sec. 9004 Specialty crop block grants - Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended— - (1) in subsection (a)— - (A) by striking “2018” and inserting “2023”; and - (B) by striking “agriculture solely to enhance the competitiveness of specialty crops.” and inserting the following: - “(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 - “(6) address other priorities as determined by the Secretary in consultation with relevant State departments of agriculture.” - (2) in subsection (k), by adding at the end the following new paragraph: - “(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.” - (3) in subsection (l)(2)(E), by striking “fiscal year 2018” and inserting “each of fiscal years 2018 through 2023”. ## Sec. 9006 Organic programs - (a) Additional accreditation authority— Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended— - (1) by redesignating subsection (c) as subsection (d); and - (2) by inserting after subsection (b) the following new subsection: - “(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.” - (b) National list of approved and prohibited substances for organic farming or handling operations— Section 2119(n) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(n)) is amended to read as follows: - “(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.” - (c) Certain employees eligible to serve as National Organics Standards Board members— Section 2119(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amended— - (1) in paragraph (1), by inserting “, or employees of such individuals” after “operation”; - (2) in paragraph (2), by inserting “, or employees of such individuals” after “operation”; and - (3) in paragraph (3), by inserting “, or an employee of such individual” after “products”. - (d) National Organic Standards Board consultation requirements— Section 2119(l) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(l)) is amended— - (1) in paragraph (2), by striking “; and” at the end and inserting a semicolon; - (2) in paragraph (3)— - (A) by striking “and the evaluation of the technical advisory panel” and inserting “, the evaluation of the technical advisory panel, and the determinations of the task force required under paragraph (4)”; and - (B) by striking the period at the end and inserting “; and”; and - (3) by adding at the end the following new paragraph: - “(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.” - (e) Recordkeeping, investigation, and enforcement— - (1) Collaborative investigations and enforcement— Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended by adding at the end the following new subsection: - “(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.” - (2) Modification of regulations on Exclusions from Certification— Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to limit the type of operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations (or a successor regulation). - (f) Reporting requirement— Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following new subsection: - “(c) Reporting requirement—Not later than March 1, 2019, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.” - (g) Authorization of appropriations for national organic program— Subsection (b) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows: - “(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.” - (h) International trade technology systems and data collection— Subsection (c) of section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended to read as follows: - “(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.” - (i) Organic production and market data initiatives— Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended— - (1) by striking paragraphs (1) and (2) and inserting the following new paragraph: - “(1) Mandatory funding for fiscal year 2019—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000 for fiscal year 2019, to remain available until expended.” - (2) in paragraph (3)— - (A) by striking “paragraphs (1) and (2)” and inserting “paragraph (1)”; and - (B) by striking “2018” and inserting “2023”; and - (3) by redesignating paragraph (3), as so amended, as paragraph (2). ## Sec. 9111 Registration of pesticides - (a) Approval of registration— Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended— - (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively and moving the margins of such clauses (as so redesignated) 2 ems to the right; - (2) by striking “registration.—The Administrator” and inserting the following: - “(A) In general—The Administrator;”Administrator” - (3) in clause (iii), as so redesignated, by striking “; and” at the end and inserting a semicolon; - (4) in clause (iv), as so redesignated, by striking the period at the end and inserting “; and”; - (5) in the matter following clause (iv), as so redesignated, by striking “The Administrator shall not make any lack” and all that follows through “for use of the pesticide in such State.”; - (6) in subparagraph (A), as amended, by adding at the end the following new clause: - “(v) when used in accordance with widespread and commonly recognized practice it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter, in a manner that is likely to appreciably diminish its value, critical habitat for both the survival and recovery of such species.” - (7) by adding at the end the following new subparagraphs: - “(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.” - (b) Registration under special circumstances— Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended— - (1) in subparagraph (A)— - (A) by inserting “and when used in accordance with widespread and commonly recognized practice, it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species,” after “or differ only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment,”; and - (B) by inserting “and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or appreciably diminish the value of critical habitat for both the survival and recovery of the listed species” before “. An applicant seeking conditional registration”; and - (2) in subparagraph (B), by inserting “and it is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly appreciably diminish the value of critical habitat for both the survival and recovery of the listed species” before “. Notwithstanding the foregoing provisions”. - (c) Registration review— Section 3(g)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is amended by adding at the end the following new clause: - “(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.” ## Sec. 9122 Preventing the arrival in the United States of forest pests through restrictions on the importation of certain plants for planting — added - (a) Criteria for adding plants to not authorized pending pest risk analysis list— Section 412(a) of the Plant Protection Act (7 U.S.C. 7711(a)) is amended— - (1) by striking “The Secretary” and inserting the following: - “(1) Regulation of movement—The Secretary” - (2) by adding at the end the following new paragraph: - “(2) Criteria for adding plants to not authorized pending pest risk analysis list—In determining whether to add a genus of a plant for planting to the not authorized pending pest risk analysis list, the Secretary shall consider the environmental impact on natural, managed, and urban ecosystems in the United States of a pest that may be carried on a plant for planting.” - (b) Reporting requirement— Section 412(e) of the Plant Protection Act (7 U.S.C. 7712(e)) is amended to read as follows: - “(e) Report on interception of forest pests—Not later than March 1, 2021, the Secretary shall submit to Congress a report— - “(1) evaluating the effectiveness of the Federal Government in intercepting pests in international shipping and on plants for planting; - “(2) describing the geographic sources of intercepted pests and the commodities or plant species most often associated with infested shipments; - “(3) quantifying the detection of forest pests in the national surveillance networks, including the Cooperative Agricultural Pest Survey and the Early Detection and Rapid Response network of the Forest Service; - “(4) describing new outbreaks of forest pests in the United States and the spread of existing infestations; - “(5) describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have changed since January 1, 2018; - “(6) containing proposed additional actions to further reduce the rate of arrival for forest pests across the borders of the United States; and - “(7) identifying current challenges with intercepting, detecting, and addressing outbreaks of tree and wood pests, as well as challenges in achieving compliance with this Act and recommendations with respect to such challenges.” - (c) Declaration of extraordinary emergency and resulting authorities— Section 415(a) of the Plant Protection Act (7 U.S.C. 7715(a)) is amended— - (1) by striking “and” at the end of paragraph (3); - (2) by striking the period at the end of paragraph (4) and inserting “; and”; and - (3) by adding at the end the following new paragraph: - “(5) use available funds for all activities necessary for pest eradication, including pest identification, development of a pest-specific management plan, and implementation of that plan.” - (d) Forest Service and Animal and Plant Health Inspection Service cooperation in response to forest plant pests— Section 431(a) of the Plant Protection Act (7 U.S.C. 7751(a)) is amended— - (1) by striking “(a) In General.—” and inserting the following: - “(a) Cooperation authority - “(1) In general” - (2) by adding at the end the following new paragraph: - “(2) Improved cooperation with forest service against forest plant pests—The Secretary shall ensure that appropriate coordination and collaboration is occurring between the Animal and Plant Health Inspection Service and the Forest Service with respect to— - “(A) periodically identifying and prioritizing critical detection, surveillance, and eradication needs for tree and wood pests; and - “(B) identifying the actions each agency will take within their respective missions with respect to addressing identified priorities.” - (e) Effective date and implementation— - (1) Effective date— The amendments made by this section shall take effect 60 days after the date of the enactment of this Act. - (2) Implementation— The Secretary shall issue or revise such regulations as may be necessary to implement the amendments made by this section. ## Sec. 9203 Report on honey and maple syrup - 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. ## Sec. 11101 Animal Disease Preparedness and Response - (a) National Animal Disease Preparedness and Response Program— The Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308A) the following new section: - “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.” - (b) National Animal Health Vaccine Bank— The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is amended by inserting after section 10409B, as added by subsection (a), the following new section: - “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.” - (c) Funding— - (1) In general— Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is amended by adding at the end the following new subsection: - “(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. - “(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 - “(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.” - (2) Conforming amendments— - (A) Section heading— The heading of section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is amended to read as follows: - “10417. Funding” - (B) Other amendments— Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is further amended— - (i) in subsection (a), by striking “In General” and inserting “General Authorization of Appropriations”; and - (ii) in subsection (c), by striking “to carry out this subtitle” and inserting “pursuant to the authorization of appropriations in subsection (a)”. - (3) Repeal of separate authorization of National Animal Health Laboratory Network— Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A(d)) is amended by striking subsection (d). ## Sec. 11105 Regional Cattle and Carcass Grading Correlation and Training Centers — added - (a) In general— The Secretary shall establish not more than three regional centers, to be known as “Cattle and Carcass Grading Correlation and Training Centers” (referred to in this section as the “Centers”), to provide education and training for cattle and carcass beef graders of the Agricultural Marketing Service, cattle producers, and other professionals involved in the reporting, delivery, and grading of feeder cattle, live cattle, and carcasses— - (1) to limit the subjectivity in the application of beef grading standards; - (2) to provide producers with greater confidence in the price of the producers’ cattle; and - (3) to provide investors with both long and short positions more assurance in the cattle delivery system. - (b) Location— The Centers shall be located near cattle feeding and slaughter populations and areas shall be strategically identified in order to capture regional variances in cattle production. - (c) Administration— Each Center shall be organized and administered by offices of the Department of Agriculture in operation on the date on which the respective Center is established, or in coordination with other appropriate Federal agencies or academic institutions. - (d) Training program— The Centers shall offer intensive instructional programs involving classroom and field training work for individuals described in subsection (a). - (e) Coordination of resources— Each Center, in carrying out the functions of the Center, shall make use of information generated by the Department of Agriculture, the State agricultural extension and research stations, relevant designated contract markets, and the practical experience of area cattle producers, especially cattle producers cooperating in on-farm demonstrations, correlations, and research projects. - (f) Prohibition on construction— Funds made available to carry out this section shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). Notwithstanding the preceding sentence, the Secretary may use funds made available to carry out this section to provide a Center with payment for the cost of the rental of a space determined to be necessary by the Center for conducting training under this section and may accept donations (including in-kind contributions) to cover such cost. - (g) Effective date— This section shall take effect on October 1, 2018. ## Sec. 11202 State beginning farmer and rancher coordinator - 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: - “(i) State beginning farmer and rancher coordinator - “(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. - “(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. - “(3) Duties—The coordinator shall— - “(A) coordinate technical assistance at the State level to help beginning farmers and ranchers gain access to programs of the Department; - “(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 - “(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.” - (a) Changing name of office— - (1) In general— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended— - (A) in the section heading, by striking “Advocacy and Outreach” and inserting “Partnerships and Public Engagement”; - (B) by striking “Advocacy and Outreach” each place it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and inserting “Partnerships and Public Engagement”; - (2) References— Beginning on the date of the enactment of this Act, any reference to the Office of Advocacy and Outreach established under section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any other provision of Federal law shall be deemed to be a reference to the Office of Partnerships and Public Engagement. - (b) Increasing outreach— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended by subsection (a), is further amended— - (1) in subsection (b)(1)— - (A) in subparagraph (A), by striking “and” at the end; - (B) in subparagraph (B)— - (i) in clause (ii), by striking “and” at the end; - (ii) in clause (iii), by striking the period at the end and inserting “; and”; and - (iii) by adding at the end the following new clauses: - “(iv) limited resource producers; - “(v) veteran farmers and ranchers; and - “(vi) Tribal farmers and ranchers; and” - (C) by adding at the end the following new subparagraph: - “(C) to promote youth outreach.” - (2) in subsection (c)— - (A) in the matter preceding paragraph (1), by inserting “veteran farmers and ranchers, Tribal farmers and ranchers,” after “beginning farmers or ranchers,”; - (B) in paragraph (1), by striking “or socially disadvantaged” and inserting “socially disadvantaged, veteran, or Tribal”; and - (C) in paragraph (5), by inserting “veteran farmers or ranchers, Tribal farmers or ranchers,” after “beginning farmers or ranchers,”. - (c) Authorization of appropriations— Section 226B(f)(3)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)(B)) is amended by striking “2018” and inserting “2023”. - (d) Office of Tribal Relations— Section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended by striking “of the Secretary” and inserting “of Partnerships and Public Engagement established under section 226B”. ## Sec. 11203 Office of Partnerships and Public Engagement - (a) Changing name of office— - (1) In general— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended— - (A) in the section heading, by striking “Advocacy and Outreach” and inserting “Partnerships and Public Engagement”; - (B) by striking “Advocacy and Outreach” each place it appears in subsections (a)(2), (b)(1), and (d)(4)(B) and inserting “Partnerships and Public Engagement”; - (2) References— Beginning on the date of the enactment of this Act, any reference to the Office of Advocacy and Outreach established under section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) in any other provision of Federal law shall be deemed to be a reference to the Office of Partnerships and Public Engagement. - (a) Establishment— There is established a commission to be known as the “Commission on Farm Transitions–Needs for 2050 ” (referred to in this section as the “Commission”). - (b) Study—Increasing outreach— The Commission shall conduct a study on issues impacting the transition Section 226B of agricultural operations from established farmers and ranchers to the next generation Department of farmers and ranchers, including—Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended by subsection (a), is further amended— - (1) access to, and availability of—in subsection (b)(1)— - (A) quality land and necessary infrastructure;in subparagraph (A), by striking “and” at the end; - (B) affordable credit; andin subparagraph (B)— - (i) in clause (ii), by striking “and” at the end; - (ii) in clause (iii), by striking the period at the end and inserting “; and”; and - (iii) by adding at the end the following new clauses: - “(iv) limited resource producers; - “(v) veteran farmers and ranchers; and - “(vi) Tribal farmers and ranchers; and” - (C) adequate risk management tools;by adding at the end the following new subparagraph: - “(C) to promote youth outreach.” - (2) agricultural asset transfer strategies in use as of the date of the enactment of this Act and improvements to such strategies;subsection (c)— - (A) in the matter preceding paragraph (1), by inserting “veteran farmers and ranchers, Tribal farmers and ranchers,” after “beginning farmers or ranchers,”; - (B) in paragraph (1), by striking “or socially disadvantaged” and inserting “socially disadvantaged, veteran, or Tribal”; and - (C) in paragraph (5), by inserting “veteran farmers or ranchers, Tribal farmers or ranchers,” after “beginning farmers or ranchers,”. - (c) Authorization of appropriations— Section 226B(f)(3)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)(B)) is amended by striking “2018” and inserting “2023”. - (3) incentives that may facilitate agricultural asset transfers to the next generation of farmers and ranchers, including recommendations for new Federal tax policies to facilitate lifetime and estate transfers; - (4) the causes of the failures of such transitions, if any; and - (5) the status of programs and incentives providing assistance with respect to such transitions in effect on the date of the enactment of this Act, and opportunities for the revision or modernization of such programs. - (c) Membership— - (1) Composition— The Commission shall be composed of 10 members as follows: - (A) 3 members appointed by the Secretary. - (B) 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate. - (C) 3 members appointed by the Committee on Agriculture of the House of Representatives. - (D) The Chief Economist of the Department of Agriculture. - (2) Federal government employment— In addition to the Chief Economist of the Department of Agriculture, the membership of the Commission may include 1 or more employees of the Department of Agriculture or other Federal agencies. - (3) Date of appointments— The appointment of a member of the Commission shall be made not later than 60 days after the date of enactment of this Act. - (4) Term; vacancies— - (A) Term— A member shall be appointed for the life of the Commission. - (B) Vacancies— A vacancy on the Commission— - (i) shall not affect the powers of the Commission; and - (ii) shall be filled in the same manner as the original appointment was made. - (5) Initial meeting— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. - (d) Quorum— A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. - (e) Chairperson— The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission. - (f) Report— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study required by subsection (b), including such recommendations as the Commission considers appropriate. - (g) Hearings— The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. - (h) Information from Federal agencies— The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section. On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. - (i) Postal services— The Commission may use the United States mail in the same manner and under the same conditions as other agencies of the Federal Government. - (j) Assistance from secretary— The Secretary may provide to the Commission appropriate office space and such reasonable administrative and support services as the Commission may request. - (k) Compensation of members— - (1) Non-federal employees— A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. - (2) Federal employees— A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. - (3) Travel expenses— A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. - (l) Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding of the Commission. ## Sec. 11204 Office of tribal relations - 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: - “221. Agricultural youth organization coordinator“309. Office of tribal relations - “(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. - “(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.” - “(1) promote the role of youth-serving organizations and school-based agricultural education in motivating and preparing young people to pursue careers in the agriculture, food, and natural resources systems; - “(2) work to help build awareness of the reach and importance of agriculture, across a diversity of fields and disciplines; - “(3) identify short-term and long-term interests of the Department and provide opportunities, resources, input, and coordination with programs and agencies of the Department to youth-serving organizations and school-based agricultural education, including the development of internship opportunities; - “(4) share, internally and externally, the extent to which active steps are being taken to encourage collaboration with, and support of, youth-serving organizations and school-based agricultural education; - “(5) provide information to young farmers concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; - “(6) serve as a resource for assisting young farmers in applying for participation in agricultural programs; and - “(7) advocate on behalf of young farmers in interactions with employees of the Department. - “(c) Contracts and cooperative agreements—For purposes of carrying out the duties under subsection (b), the Agricultural Youth Organization Coordinator shall consult with the cooperative extension and the land-grant university systems, and may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, cooperative extension and the land-grant university systems, non-land-grant colleges of agriculture, or nonprofit organizations for— - “(1) the conduct of regional research on the profitability of small farms; - “(2) the development of educational materials; - “(3) the conduct of workshops, courses, and certified vocational training; - “(4) the conduct of mentoring activities; or - “(5) the provision of internship opportunities.” ## Sec. 11205 Commission on Farm Transitions—Needs for 2050 — added - (a) Establishment— There is established a commission to be known as the “Commission on Farm Transitions–Needs for 2050 ” (referred to in this section as the “Commission”). - (b) Study— The Commission shall conduct a study on issues impacting the transition of agricultural operations from established farmers and ranchers to the next generation of farmers and ranchers, including— - (1) access to, and availability of— - (A) quality land and necessary infrastructure; - (B) affordable credit; and - (C) adequate risk management tools; - (2) agricultural asset transfer strategies in use as of the date of the enactment of this Act and improvements to such strategies; - (3) incentives that may facilitate agricultural asset transfers to the next generation of farmers and ranchers, including recommendations for new Federal tax policies to facilitate lifetime and estate transfers; - (4) the causes of the failures of such transitions, if any; and - (5) the status of programs and incentives providing assistance with respect to such transitions in effect on the date of the enactment of this Act, and opportunities for the revision or modernization of such programs. - (c) Membership— - (1) Composition— The Commission shall be composed of 10 members as follows: - (A) 3 members appointed by the Secretary. - (B) 3 members appointed by the Committee on Agriculture, Nutrition, and Forestry of the Senate. - (C) 3 members appointed by the Committee on Agriculture of the House of Representatives. - (D) The Chief Economist of the Department of Agriculture. - (2) Federal government employment— In addition to the Chief Economist of the Department of Agriculture, the membership of the Commission may include 1 or more employees of the Department of Agriculture or other Federal agencies. - (3) Date of appointments— The appointment of a member of the Commission shall be made not later than 60 days after the date of enactment of this Act. - (4) Term; vacancies— - (A) Term— A member shall be appointed for the life of the Commission. - (B) Vacancies— A vacancy on the Commission— - (i) shall not affect the powers of the Commission; and - (ii) shall be filled in the same manner as the original appointment was made. - (5) Initial meeting— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. - (d) Quorum— A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. - (e) Chairperson— The Secretary shall appoint 1 of the members of the Commission to serve as Chairperson of the Commission. - (f) Report— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study required by subsection (b), including such recommendations as the Commission considers appropriate. - (g) Hearings— The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. - (h) Information from Federal agencies— The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section. On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. - (i) Postal services— The Commission may use the United States mail in the same manner and under the same conditions as other agencies of the Federal Government. - (j) Assistance from secretary— The Secretary may provide to the Commission appropriate office space and such reasonable administrative and support services as the Commission may request. - (k) Compensation of members— - (1) Non-federal employees— A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. - (2) Federal employees— A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. - (3) Travel expenses— A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. - (l) Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding of the Commission. ## Sec. 11206 Agricultural youth organization coordinator — added - Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 220 (7 U.S.C. 6920) the following new section: - “221. Agricultural youth organization coordinator - “(a) Authorization—The Secretary shall establish in the Department the position of Agricultural Youth Organization Coordinator. - “(b) Duties—The Agricultural Youth Organization Coordinator shall— - “(1) promote the role of youth-serving organizations and school-based agricultural education in motivating and preparing young people to pursue careers in the agriculture, food, and natural resources systems; - “(2) work to help build awareness of the reach and importance of agriculture, across a diversity of fields and disciplines; - “(3) identify short-term and long-term interests of the Department and provide opportunities, resources, input, and coordination with programs and agencies of the Department to youth-serving organizations and school-based agricultural education, including the development of internship opportunities; - “(4) share, internally and externally, the extent to which active steps are being taken to encourage collaboration with, and support of, youth-serving organizations and school-based agricultural education; - “(5) provide information to young farmers concerning the availability of, and eligibility requirements for, participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; - “(6) serve as a resource for assisting young farmers in applying for participation in agricultural programs; and - “(7) advocate on behalf of young farmers in interactions with employees of the Department. - “(c) Contracts and cooperative agreements—For purposes of carrying out the duties under subsection (b), the Agricultural Youth Organization Coordinator shall consult with the cooperative extension and the land-grant university systems, and may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, cooperative extension and the land-grant university systems, non-land-grant colleges of agriculture, or nonprofit organizations for— - “(1) the conduct of regional research on the profitability of small farms; - “(2) the development of educational materials; - “(3) the conduct of workshops, courses, and certified vocational training; - “(4) the conduct of mentoring activities; or - “(5) the provision of internship opportunities.” ## Sec. 11304 Textile Trust Fund - (a) Establishment— There is established in the Treasury of the United States a trust fund, to be known as the “Textile Trust Fund”, consisting of such amounts as may be transferred to the Textile Trust Fund pursuant to subsection (e), and to be used for the purposes of— - (1) reducing the injury to domestic manufacturers resulting from tariffs on cotton fabric that are higher than tariffs on certain apparel articles made of cotton fabric; - (2) reducing the injury to domestic manufacturers resulting from tariffs on wool products that are higher than tariffs on certain apparel articles made of wool products; and - (3) wool research and promotion. - (b) Distribution of funds— From amounts in the Textile Trust Fund, the Secretary shall make payments annually, beginning in calendar year 2019, for each of calendar years 2019 through 2023 as follows: - (1) Pima cotton— From amounts specified in subsection (e)(2)(A), the Secretary shall make payments as follows: - (A) Twenty-five percent of such amounts for a calendar year shall be paid to one or more nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. - (B) Twenty-five percent of such amounts for a calendar year shall be paid to yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as— - (i) the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the previous calendar year (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)(1)); bears to - (ii) the production of the yarns described in clause (i) during the previous calendar year for all spinners who qualify under this subparagraph. - (C) Fifty percent of such amounts for a calendar year shall be paid to manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the previous calendar year, to be allocated to each such manufacturer in an amount that bears the same ratio as— - (i) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (c)(2)) used in the manufacturing of men’s and boys’ cotton shirts; bears to - (ii) the dollar value (excluding duty, shipping, and related costs) of the fabric described in clause (i) purchased during the previous calendar year by all manufacturers who qualify under this subparagraph. - (2) Wool manufacturers— From amounts specified in subsection (e)(2)(B), the Secretary shall make payments as follows: - (A) To each eligible manufacturer under paragraph (3) of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 (Public Law 108–429; 118 Stat. 2600), as amended by section 1633(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 (Public Law 109–280; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343; 122 Stat. 3875), and any successor-in-interest to such a manufacturer as provided for under paragraph (4) of such section 4002(c), that submits an affidavit in accordance with subsection (c)(3) for the year of the payment for calendar years 2019 through 2023, payments in amounts authorized under that paragraph. - (B) To each eligible manufacturer under paragraph (6) of such section 4002(c) for calendar years 2019 through 2023, payments in amounts authorized under that paragraph. - (c) Affidavits— - (1) Yarn Spinners— The affidavit required by subsection (b)(1)(B)(i) for a calendar year is a notarized affidavit provided by an officer of a producer of ring spun yarns that affirms— - (A) that the producer used pima cotton during the year in which the affidavit is filed and during the previous calendar year to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form; - (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year; and - (C) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during the previous calendar year. - (2) Shirting Manufacturers— - (A) In general— The affidavit required by subsection (b)(1)(C)(i) for a calendar year is a notarized affidavit provided by an officer of a manufacturer of men’s and boys’ shirts that affirms— - (i) that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the previous calendar year, to cut and sew men’s and boys’ woven cotton shirts in the United States; - (ii) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during the previous calendar year; - (iii) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and - (iv) that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. - (B) Date of purchase— For purposes of the affidavit under subparagraph (A), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. - (3) Filing date for affidavits— Any person required to provide an affidavit under this section shall file the affidavit with the Secretary or as directed by the Secretary for any of calendar years 2019 through 2023, not later than March 15 of that calendar year. - (4) Increase in payments to wool manufacturers in case of expiration of duty suspensions— - (A) In general— In any calendar year in which the suspension of duty on wool products described in subparagraphs (B) and (C) is not in effect, the amount of any payment described in subsection (b)(2) to a manufacturer or successor-in-interest shall be increased by an amount the Secretary, after consultation with the Secretary of Commerce, determines is equal to the amount the manufacturer or successor-in-interest would have saved during the calendar year of the payment if the suspension of duty on such wool products were in effect. - (B) Special rule for certain fabrics of worsted wool— - (i) In general— With respect to fabrics of worsted wool described in clause (ii), subparagraph (A) shall be applied by substituting “rate of duty on such wool products was 10 percent” for “suspension of duty on such wool products were in effect”. - (ii) Fabrics of worsted wool described— Fabrics of worsted wool described in this paragraph are fabrics of worsted wool— - (I) with average fiber diameters greater than 18.5 micron; and - (II) containing 85 percent or more by weight of wool. - (C) Covered wool products— Subparagraph (A) applies with respect to the following: - (i) Yarn, of combed wool, not put up for retail sale, containing 85 percent or more by weight of wool, formed with wool fibers having average diameters of 18.5 micron or less. - (ii) Wool fiber, waste, garnetted stock, combed wool, or wool top, the foregoing having average fiber diameters of 18.5 micron or less. - (iii) Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys boys’ suits, suit-type jackets, or trousers and must be imported for the benefit of persons who cut and sew such clothing in the United States. - (iv) Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, certified by the importer as suitable for use in making men’s and boys boys’ suits, suit-type jackets, or trousers and must be imported for the benefit of persons who weave worsted wool fabric suitable for use in such clothing in the United States. - (D) No appeal of determinations— A determination of the Secretary under this paragraph shall be final and not subject to appeal or protest. - (d) Timing for distributions— The Secretary shall make a payment under subsection (b) for each of calendar years 2019 through 2023, not later than April 15 of the year of the payment. - (e) Funding— - (1) Transfer required— Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Textile Trust Fund $25,250,000 for each of calendar years 2019 through 2023. - (2) Allocation of funds— Of the funds transferred under paragraph (1) for a calendar year— - (A) $8,000,000 shall be available for distribution under subsection (b)(1); - (B) $15,000,000 shall be available for distribution under subsection (b)(2); and - (C) notwithstanding subsection (f) of section 506 of the Trade and Development Act of 2000 (7 U.S.C. 7101 note; Public Law 106–200), $2,250,000 shall be available to provide grants described in subsection (d) of such section. - (3) Sheep production and marketing— In addition to funds made available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out section 209 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a), $2,000,000 for fiscal year 2019, to remain available until expended. - (4) Duration of availability— Amounts transferred to the Textile Trust Fund pursuant to this subsection shall remain available until expended. ## Sec. 11608 Establishment of Food Access Liaison - (a) In general— Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by sections 11204 and 11607, is amended by adding at the end the following: - “223. Food Access Liaison - “(a) Establishment—The Secretary shall establish the position of Food Access Liaison to coordinate Department programs to reduce barriers to food access and monitor and evaluate the progress of such programs in accordance with this section. - “(b) Duties—The Food Access Liaison shall— - “(1) coordinate the efforts of the Department, including regional offices, to experiment and consider programs and policies aimed at reducing barriers to food access for consumers, including but not limited to participants in nutrition assistance programs; - “(2) provide outreach to entities engaged in activities to reduce barriers to food access in accordance with the statutory authorization for each program; - “(3) provide outreach to entities engaged in activities to reduce barriers to food access, including retailers, markets, producers, and others involved in food production and distribution, with respect to the availability of, and eligibility for, Department programs; - “(4) raise awareness of food access issues in interactions with employees of the Department; - “(5) make recommendations to the Secretary with respect to efforts to reduce barriers to food access; and - “(6) submit to Congress an annual report with respect to the efforts of the Department to reduce barriers to food access.” - Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended— - (b) Technical Assistance— by redesignating subsection (g) as subsection (h); andThe Secretary shall provide technical assistance to entities that are participants, or seek to participate, in Department of Agriculture programs related to reduction of barriers to food access. - (2) by inserting after subsection (f) the following new subsection: - “(g) Hiring authority—Notwithstanding any other provision of law, employees hired to provide cotton classification services pursuant to this section may work up to 240 calendar days in a service year and may be rehired non-competitively every year in the same or a successor position if they meet performance and conduct expectations, as determined by the Secretary.” ## Sec. 11609 Cotton classification services - 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— - (1) a State department of agriculture or similar statewide agricultural organization recognizes by redesignating subsection (g) as a Century Farm; orsubsection (h); and - (2) by inserting after subsection (f) the following new subsection: - “(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.” - (2) - (A) is defined as a farm or ranch under section 4284.902 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act); - (B) has been in continuous operation for at least 100 years; and - (C) has been owned by the same family for at least 100 consecutive years, as verified through deeds, wills, abstracts, tax statements, or other similar legal documents considered appropriate by the Secretary. ## Sec. 11610 Century farms program - The Secretary shall establish a program under which the Secretary recognizes any farm that— - (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of the Food and Drug Administration, shall prepare and submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on plans for improving the Federal government’s policies and procedures with respect to gene editing and other precision plant breeding methods. - (1) Content— The report under subsection (a) shall include plans to implement measures designed to ensure that—a State department of agriculture or similar statewide agricultural organization recognizes as a Century Farm; or - (2) - (A) is defined as a farm or ranch under section 4284.902 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act); - (B) has been in continuous operation for at least 100 years; and - (C) has been owned by the same family for at least 100 consecutive years, as verified through deeds, wills, abstracts, tax statements, or other similar legal documents considered appropriate by the Secretary. - (1) the United States continues to provide a favorable environment for research and development in precision plant breeding innovation and maintains its leadership with respect to that innovation; - (2) for plants for which premarket review is required under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), or the Federal Food, Drug, and Cosmetic Act, the process for such review is designed— - (A) to minimize regulatory burden while assuring protection of public health and welfare; and - (B) to ensure that resources of the Department of Agriculture are focused on plants with less familiar characteristics, more complex risk pathways, or both; - (3) each agency referred to in subsection (a) recognizes that certain applications of gene editing in plants do not warrant such a premarket review process; - (4) each agency referred to in subsection (a) clearly communicates the rationale for the regulatory policies and decisions of such agency to the public through broadly available and easily accessible tools; - (5) categories of plants that are familiar and have a history of safe use be identified and exempted from such premarket review or be subject to an expedited, independent premarket review process for which data requirements are reduced; - (6) regulatory processes of each agency referred to in subsection (a) are predictable, efficient, not duplicative, and designed to accommodate rapid advances in plant breeding technology; and - (7) where Federal law provides for regulatory oversight of plant breeding technology by more than one Federal agency, the relevant Federal agencies enter into appropriate interagency agreements to shift responsibility for particular categories of plant products and regulatory activities for purposes of meeting the goals specified in paragraphs (1) through (6). ## Sec. 11611 Report on agricultural innovation - (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of the Food and Drug Administration, shall prepare and submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on plans for improving the Federal government’s policies and procedures with respect to gene editing and other precision plant breeding methods. - 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: - (b) Content— An estimate of the number of dogs so imported each year.The report under subsection (a) shall include plans to implement measures designed to ensure that— - (1) the United States continues to provide a favorable environment for research and development in precision plant breeding innovation and maintains its leadership with respect to that innovation; - (2) for plants for which premarket review is required under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), or the Federal Food, Drug, and Cosmetic Act, the process for such review is designed— - (A) to minimize regulatory burden while assuring protection of public health and welfare; and - (B) to ensure that resources of the Department of Agriculture are focused on plants with less familiar characteristics, more complex risk pathways, or both; - (3) each agency referred to in subsection (a) recognizes that certain applications of gene editing in plants do not warrant such a premarket review process; - (4) each agency referred to in subsection (a) clearly communicates the rationale for the regulatory policies and decisions of such agency to the public through broadly available and easily accessible tools; - (5) categories of plants that are familiar and have a history of safe use be identified and exempted from such premarket review or be subject to an expedited, independent premarket review process for which data requirements are reduced; - (6) regulatory processes of each agency referred to in subsection (a) are predictable, efficient, not duplicative, and designed to accommodate rapid advances in plant breeding technology; and - (7) where Federal law provides for regulatory oversight of plant breeding technology by more than one Federal agency, the relevant Federal agencies enter into appropriate interagency agreements to shift responsibility for particular categories of plant products and regulatory activities for purposes of meeting the goals specified in paragraphs (1) through (6). - (2) The number of dogs so imported for resale. - (3) The number of dogs for which such importation for resale was requested but denied because such importation failed to meet the requirements of section 18 of the Animal Welfare Act (7 U.S.C. 2148). - (4) The Secretary’s recommendations for Federal statutory changes determined to be necessary for such importation for resale to meet the requirements of such section. ## Sec. 11612 Report on dog importation - 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: - (1) An estimate of the number of dogs so imported each year. - (2) The number of dogs so imported for resale. - (3) The number of dogs for which such importation for resale was requested but denied because such importation failed to meet the requirements of section 18 of the Animal Welfare Act (7 U.S.C. 2148). - (4) The Secretary’s recommendations for Federal statutory changes determined to be necessary for such importation for resale to meet the requirements of such section. - “30. Prohibition of slaughter of dogs and cats for human consumption - “(a) Prohibition—No person may— - “(1) knowingly slaughter a dog or cat for human consumption; or - “(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate— - “(A) a dog or cat to be slaughtered for human consumption; or - “(B) dog or cat parts for human consumption. - “(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. - “(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. - “(d) Conflict with State law—This section shall not be construed to limit any State or local law or regulations protecting the welfare of animals or to prevent a State or local governing body from adopting and enforcing animal welfare laws and regulations that are more stringent than this section.” ## Sec. 11613 Prohibition on slaughter of dogs and cats for human consumption — added - The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following new section: - “30. Prohibition of slaughter of dogs and cats for human consumption - “(a) Prohibition—No person may— - “(1) knowingly slaughter a dog or cat for human consumption; or - “(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate— - “(A) a dog or cat to be slaughtered for human consumption; or - “(B) dog or cat parts for human consumption. - “(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. - “(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. - “(d) Conflict with State law—This section shall not be construed to limit any State or local law or regulations protecting the welfare of animals or to prevent a State or local governing body from adopting and enforcing animal welfare laws and regulations that are more stringent than this section.” ## Sec. 11614 Consideration of the totality of conservation measures — added - Section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(3)) is amended by adding at the end the following: - “(C) In determining whether a Federal agency action is likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of the critical habitat of a species, the Secretary shall consider the offsetting effects of all avoidance, minimization, and other species-protection or conservation measures that are already in place or proposed to be implemented as part of the action, including the development, improvement, protection, or management of species habitat whether or not it is designated as critical habitat of such species.” ## Sec. 11615 Depredation permits for black vultures — added - (a) In general— The Secretary of the Interior, in conjunction with the Director of the United States Fish and Wildlife Service, may issue depredation permits to livestock farmers, authorizing takings of black vultures otherwise prohibited by Federal law to prevent such vultures from taking livestock during the calving season. - (b) Limited to affected States or regions— The Secretary may issue such permits only to livestock farmers in States and regions in which livestock farmers are affected by black vultures, as determined by Secretary in conjunction with the Director. - (c) Reporting— The Secretary shall require, as a condition of such a permit, that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures under the permit. ## Sec. 11616 Extending prohibition on animal fighting to the territories — added - (a) In general— Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended— - (1) in subsection (a)— - (A) in paragraph (1), by striking “Except as provided in paragraph (3), it” and inserting “It”; and - (B) by striking paragraph (3); - (2) by striking subsection (d); and - (3) by redesignating subsections (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), and (i), respectively. - (b) Use of Postal Service or Other Interstate Instrumentalities— Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is amended by striking “(e)” and inserting “(d)”. - (c) Criminal penalties— Subsection (i) of section 26 of the Animal Welfare Act (7 U.S.C. 2156), as redesignated by section 2(3), is amended by striking “(e)” and inserting “(d)”. - (d) Enforcement of animal fighting prohibitions— Section 49(a) of title 18, United States Code, is amended by striking “(e)” and inserting “(d)”. ## Sec. 11617 Waters of the United States rule — added - The final rule issued by the Administrator of the Environmental Protection Agency and the Secretary of the Army entitled “Clean Water Rule: Definition of “Waters of the United States””, published on June 29, 2015 (80 Fed. Reg. 37054), is repealed, and any regulation or policy revised under, or otherwise affected as a result of, that rule shall be applied as if that rule had not been issued.