H.R. 2 — what changed
Agriculture Improvement Act of 2018
From Introduced in House to Reported in House. 92 sections amended, 13 added, and 1 removed between Introduced in House and Reported in House.
Sec. 1112 Base acres
Adjustment of Base Acres—
In general— The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occur:
A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) with respect to the farm expires or is voluntarily terminated.
Cropland is released from coverage under a conservation reserve contract by the Secretary.
The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)).
Special conservation reserve acreage payment rules— For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the owner of the farm shall elect to receive price loss coverage or agriculture risk coverage with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both.
Prevention of Excess Base Acres—
Required reduction— If the sum of the base acres for a farm and the acreage described in paragraph (2) exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm so that the sum of the base acres and the acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm.
Other acreage— For purposes of paragraph (1), the Secretary shall include the following:
Any acreage on the farm enrolled in the conservation reserve program or wetlands reserve program (or successor programs) under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage.
If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under subsection (a)(1)(C).
Selection of acres— The Secretary shall give the owner of the farm the opportunity to select the base acres for a covered commodity for the farm against which the reduction required by paragraph (1) will be made.
Exception for double-cropped acreage— In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary.
Reduction in Base Acres—
Reduction at option of owner—
In general— The owner of a farm may reduce, at any time, the base acres for any covered commodity for the farm.
Effect of reduction— A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary.
Required action by Secretary—
In general— The Secretary shall proportionately reduce base acres on a farm for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land—
remains devoted to commercial agricultural production; or
is likely to be returned to the previous agricultural use.
Requirement— The Secretary shall establish procedures to identify land described in subparagraph (A).
Treatment of unplanted base— In the case of a farm on which no covered commodities (including seed cotton) were planted or prevented from being planted during the period beginning on January 1, 2009, and ending on December 31, 2017, the Secretary shall allocate all base acres on the farm to unassigned crop base for which no payment shall be made under section 1116 or 1117.
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Prohibition on reconstitution of farm— The Secretary shall ensure that producers on a farm do not reconstitute such farm after the date of enactment of this section farm to void or change the treatment of base acres under this section.
Sec. 1113 Payment yields
Treatment of designated oilseeds—
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.
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.
Application— This subsection shall apply to oilseeds designated after the date of the enactment of this Act.
Effect of Lack of Payment Yield—
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).
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.
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Single opportunity To to update yields in counties affected by drought—
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Election to update— In the case of a farm that is physically located in a county in which any area of the county was rated by the U.S. Drought Monitor as having a D4 (exceptional drought) intensity for 20 or more consecutive weeks during the period beginning January 1, 2008 and ending December 31, 2012, at the sole discretion of the owner of such farm, the owner of a farm shall have a 1-time opportunity to update, on a covered-commodity-by-covered-commodity 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.
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.
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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.
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.
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. 1115 Producer election
Election required— For the 2019 through 2023 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain on a covered-commodity-by-covered-commodity basis—
price loss coverage under section 1116; or
agriculture risk coverage under section 1117.
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Effect of failure To to make unanimous election— If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2019 crop year—
the Secretary shall not make any payments with respect to the farm for the 2019 crop year under section 1116 or 1117; and
the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2020 through 2023 crop years.
Prohibition on Reconstitution— The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election made under this section.
Sec. 1402 Class I skim milk price
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Class I skim milk price— Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking “Throughout the third 2-year period” and fourth sentences, including the table, all that follows through “such handlers.” and inserting the following new sentence: “Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulation), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7, plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulation), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulation), plus $0.74.”.
Effective date and implementation—
Effective date— The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act.
Implementation— Implementation of the amendment made by subsection (a) is not subject to any of the following:
The notice and comment provisions of section 553 of title 5, United States Code.
The notice and hearing requirements of paragraphs (3) and (4) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
The order amendment requirements of section 8c(17) of such Act (7 U.S.C. 608c(17)).
A referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).
Sec. 1603 Payment limitations
In General— Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—
in subsection (a)—
in paragraph (1) by striking “section 1001 of the Food, Conservation, and Energy Act of 2008” and inserting “section 1111 of the Agriculture and Nutrition Act of 2018”;
in paragraph (2), by inserting “first cousin, niece, nephew,” after “sibling,”;
by redesignating paragraph (5) as (6); and
by inserting after paragraph (4) the following new paragraph:
“(5) Qualified pass through entity—The term qualified pass through entity means a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 and including a limited liability company that does not affirmatively elect to be treated as a corporation), an S corporation (as defined in section 1361 of such Code), or a joint venture.”
in subsections (b) and (c) by striking “entity” through “Agricultural Act of 2014” in each place it appears and inserting “entity (except a qualified pass through entity) for any crop year under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018”;
in subsection (d) by striking “associated” and all that follows through the end of the sentence and inserting “associated with subtitle B of title I of the Agriculture and Nutrition Act of 2018.”; and
in subsection (f), by adding the end the following new paragraph:
“(9) Administration of reduction—The Secretary shall apply any order described in section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under sections 1116 and 1117 of the Agriculture and Nutrition Act of 2018 prior to applying payment limitations under this section.”
Treatment of qualified pass through entities— Section 1001(e)(3)(B)(ii) of the Food Security Act of 1985 (7 U.S.C. 1308(e)(3)(B)(ii)) is amended—
in the heading, by striking “joint ventures and general partnerships” and inserting “qualified pass through entities”;
by striking “joint venture or a general partnership” and inserting “qualified pass through entity”;
by striking “joint ventures and general partnerships” and inserting “qualified pass through entities”; and
by striking “joint venture or general partnership” and inserting “qualified pass through entity”.
Conforming Amendments—
Treatment of Federal agencies and State and local governments— Section 1001(f) of the Food Security Act of 1985 (7 U.S.C. 1308(f)) is amended—
in paragraph (5)(A), by striking “or title XII” and inserting “title I of the Agriculture and Nutrition Act of 2018, or title XII”; and
in paragraph (6)(A), by striking “or title XII” and inserting “title I of the Agriculture and Nutrition Act of 2018, or title XII”.
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Foreign persons ineligible— Section 1001C(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3(a)) is amended by inserting “title I of the Agriculture and Nutrition Act of 2018,” after “2014,”.
Application— The amendments made by this section shall apply beginning with the 2019 crop year.
Sec. 1604 Adjusted gross income limitation
Limitations— Section 1001D(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)) is amended—
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”;
in subparagraph (C)—
by inserting “title II of the Agriculture and Nutrition Act of 2018,” after “under”; and
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by striking “Starting with fiscal year 2015, a” and inserting “A”; and“A”;
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by striking subparagraph (B) and redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), (B) and (D), respectively.(D); and
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by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively.
Exceptions—
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.”
Conforming amendments— Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308–3a) is amended—
in subsection (b)(1), by inserting “subject to paragraph (3),” after “of law,”; and
in subsection (d), by striking “, general partnership, or joint venture” both places it appears.
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. 2204 Duties of the Secretary
Cost-Share and rental payments— Section 1233(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(2)) is amended by striking “pay an annual rental payment in an amount necessary to compensate for” and inserting “pay an annual rental payment, in accordance with section 1234(d), for”.
Specified activities permitted— Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended—
in paragraph (2)—
in the matter preceding subparagraph (A)—
by striking “not less than 25 percent” and inserting “25 percent”; and
by inserting “(except that vegetative cover may not be harvested for seed)” after “managed harvesting”;
in subparagraph (A), by striking “; and” and inserting a semicolon;
in subparagraph (B), by striking “is at least every 5 but not more than once every 3 years;” and inserting “contributes to the health and vigor of the established cover, and is not more than once every 3 years; and”; and
by adding at the end the following:
“(C) shall ensure that 25 percent of the acres covered by the contract are not harvested, in accordance with an approved plan that provides for wildlife cover and shelter;”
in paragraph (3)—
in the matter preceding subparagraph (A), by striking “not less than 25 percent” and inserting “25 percent”; and
in subparagraph (B)—
in the matter preceding clause (i), by striking “routine grazing, except that in permitting such routine grazing” and inserting “grazing, except that in permitting such grazing”;
in clause (i), by striking “continued routine grazing; and” and inserting “grazing;”;
in clause (ii)—
in the matter preceding subclause (I), by striking “routine grazing may be conducted, such that the frequency is not more than once every 2 years” and inserting “grazing may be conducted, such that the frequency contributes to the health and vigor of the established cover”;
in subclause (II), by striking “the number of years that should be required between routine” and inserting “the appropriate frequency and duration of”; and
in subclause (III), by striking “routine” each place it appears; and
by adding at the end the following:
“(iii) shall ensure that the grazing is conducted in accordance with an approved plan that does not restrict grazing during the primary nesting season and will reduce the stocking rate determined under clause (i) by 50 percent; and”
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
by inserting after paragraph (3) the following:
“(4) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the condition that the grazing shall be at 50 percent of the normal carrying capacity determined under that subclause.”
in paragraph (5), as so redesignated, by striking “; and” and inserting “and retains suitable vegetative structure for wildlife cover and shelter;”;
in paragraph (6)(C), as so redesignated, by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(7) grazing pursuant to section 1232(a)(5), without any reduction in the rental rate, if the grazing is consistent with the conservation of soil, water quality, and wildlife habitat.”
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Natural disaster or adverse weather as mid-Contract mid-contract management— Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended by adding at the end the following:
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“(e) Natural disaster or adverse weather as mid-Contract mid-contract management—In the case of a natural disaster or adverse weather event that has the effect of a management practice consistent with the conservation plan, the Secretary shall not require further management practices pursuant to section 1232(a)(5) that are intended to achieve the same effect.”
Sec. 2304 Conservation innovation grants and payments
Competitive grants for innovative conservation approaches— Section 1240H(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(a)) is amended—
in paragraph (1), by inserting “use not more than $25,000,000 in each of fiscal years 2019 through 2023 to” after “the Secretary may”; and
in paragraph (2)(A), by inserting “or persons participating in an educational activity through an institution of higher education, including by carrying out demonstration projects on lands of the institution” before the semicolon at the end.
Air quality concerns from agricultural operations— Section 1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa–8(b)(2)) is amended by inserting “, and $37,500,000 for each of fiscal years 2019 through 2023” after “2018”.
On-Farm conservation innovation trials; reporting and database— Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended by striking subsection (c) and inserting the following:
“(c) On-Farm conservation innovation trials
“(1) In general—Using not more than $25,000,000 of the funds made available to carry out this chapter in each of fiscal years 2019 through 2023, the Secretary shall carry out on-farm conservation innovation trials, on eligible land of producers, to test new or innovative conservation approaches—
“(A) directly with producers; or
“(B) through eligible entities.
“(2) Incentive payments
“(A) Agreements—In carrying out paragraph (1), the Secretary shall enter into agreements with producers on whose land an on-farm conservation innovation trial is being carried out to provide payments (including payments to compensate for foregone income, as appropriate to address the increased economic risk potentially associated with new or innovative conservation approaches) to the producers to assist with adopting and evaluating new or innovative conservation approaches.
“(B) Length of incentives—An agreement entered into under subparagraph (A) shall be for a period determined by the Secretary that is—
“(i) not less than 3 years; and
“(ii) if appropriate, more than 3 years, including if such a period is appropriate to support—
“(I) adaptive management over multiple crop years; and
“(II) adequate data collection and analysis to report the natural resource and agricultural production benefits of the new or innovative conservation approaches.
“(3) Flexible adoption—A producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1) may determine the scale of adoption of the new or innovative conservation approaches in the on-farm conservation innovation trial, which may include multiple scales on an operation, including whole farm, field-level, or sub-field scales.
“(4) Technical assistance—The Secretary shall provide technical assistance—
“(A) to a producer or eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to the design, installation, and management of the new or innovative conservation approaches; and
“(B) to an eligible entity participating in an on-farm conservation innovation trial under paragraph (1), with respect to data analyses of the on-farm conservation innovation trial.
“(5) Definitions—In this subsection:
“(A) Eligible entity—The term eligible entity means a third-party private entity the primary business of which is related to agriculture.
“(B) New or innovative conservation approaches—The term new or innovative conservation approaches means—
“(i) new or innovative—
“(I) precision agriculture technologies;
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“(II) enhanced nutrient management plans plans, nutrient recovery systems, and fertilization systems;
“(III) soil health management systems;
“(IV) water management systems;
“(V) resource-conserving crop rotations;
“(VI) cover crops; and
“(VII) irrigation systems; and
“(ii) any other conservation approach approved by the Secretary as new or innovative.
“(d) Reporting and database
“(1) Report required—Not later than December 31, 2014, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of activities funded under this section, including—
“(A) funding awarded;
“(B) results of the activities; and
“(C) incorporation of findings from the activities, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary.
“(2) Conservation practice database
“(A) In general—The Secretary shall use the data reported under paragraph (1) to establish and maintain a publicly available conservation practice database that provides—
“(i) a compilation and analysis of effective conservation practices for soil health, nutrient management, and source water protection in varying soil compositions, cropping systems, slopes, and landscapes; and
“(ii) a list of recommended new and effective conservation practices.
“(B) Privacy—Information provided under subparagraph (A) shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers.”
Sec. 2406 Emergency conservation program
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Repair or replacement of fencing—
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In general— Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—
added
by striking the section designation and all that follows through “The Secretary of Agriculture” and inserting the following:
added “401. Payments to producers
added “(a) In general—The Secretary of Agriculture (referred to in this title as the “Secretary”)”
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in subsection (a), as so designated, by inserting “wildfires,” after “hurricanes,”; and
added
by adding at the end the following:
added “(b) Repair or replacement of fencing—With respect to a payment to an agricultural producer under subsection (a) for the repair or replacement of fencing, the Secretary shall give the agricultural producer the option of receiving the payment, determined based on the applicable percentage of the fair market value of the cost of the repair or replacement, as determined by the Secretary, before the agricultural producer carries out the repair or replacement.”
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Conforming amendments—
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Sections 402, 403, 404, and 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are amended by striking “Secretary of Agriculture” each place it appears and inserting “Secretary”.
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Section 407(a) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206(a)) is amended by striking paragraph (4).
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Cost share payments— Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section 402 the following:
added “402A. Cost share requirement
added “(a) Cost-share rate—The maximum cost-share payment under section 401 and section 402 shall not exceed 75 percent of the total allowable cost, as determined by the Secretary.
added “(b) Exception—Not withstanding subsection (a), a qualified limited resource, socially disadvantaged, or beginning farmer or rancher payment under section 401 and 402 shall not exceed 90 percent of the total allowable cost, as determined by the Secretary.
added “(c) Limitation—In no case shall the total payment under section 401 and 402 for a single event exceed 50 percent of what the Secretary has determined to be the agriculture value of the land.”
Sec. 2605 Administration
Ineligible land— Section 1265D(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3865d(a)(4)) is amended—
by striking “or off-site”; and
by striking “proposed or” and inserting “permitted or”.
Subordination, exchange, modification, and termination—
Subordination and exchange— Section 1265D(c)(1) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)(1)) is amended—
in the paragraph heading, by striking “In general” and inserting “Subordination and exchange”;
by striking “subordinate, exchange, modify, or terminate” each place it appears and inserting “subordinate or exchange”; and
by striking “subordination, exchange, modification, or termination” each place it appears and inserting “subordination or exchange”.
Modification; termination— Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended—
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;
by inserting after paragraph (1) the following:
“(2) Modification
“(A) Authority—The Secretary may modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if the modification—
“(i) has a neutral effect on, or increases, the conservation values;
“(ii) is consistent with the original intent of the easement; and
“(iii) is consistent with the purposes of the program.
“(B) Limitation—In modifying an interest in land, or portion of such interest, under this paragraph, the Secretary may not increase any payment to an eligible entity.
“(3) Termination—The Secretary may terminate any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program if—
“(A) the current owner of the land that is subject to the easement and the holder of the easement agree to the termination; and
“(B) the Secretary determines that the termination would be in the public interest.”
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in paragraph (5) (as so redesignated), by striking “paragraph (1)” and inserting “paragraph (3)”; and(3)”.
removed
by adding at the end the following:
removed
“(6) Charitable contribution
removed
“(A) Qualified conservation contribution—An easement acquired or funded by the Secretary under this subtitle shall not fail to be treated for purposes of the Internal Revenue Code of 1986 as a qualified conservation contribution described in section 170(h) of such Code merely because of—
removed
“(i) the authority of the Secretary under this subsection to modify or terminate the easement; or
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“(ii) any modification or termination under such authority.
removed
“(B) Funds resulting from modification or termination—If the Secretary modifies or terminates an interest in land, or portion of such interest, under paragraph (2) or (3), the Secretary shall use any funds made available to the Secretary that are attributable to such modification or termination for authorized activities that are consistent with—
removed
“(i) the conservation purposes of the easement as it existed before such modification or termination; or
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“(ii) other conservation purposes described in section 170(h)(4) of the Internal Revenue Code of 1986.”
Landowner eligibility— Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended by adding at the end the following:
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“(f) Landowner eligibility—The limitation described in paragraph (1) of section 1001D(b) shall not apply to a landowner from which an easement under the program is to be purchased with respect to any benefit described in paragraph (2)(C) (2)(B) of such section related to the purchase of such easement.”
Sec. 2703 Assistance to producers
Section 1271C(c) of the Food Security Act of 1985 (16 U.S.C. 3871c(c)) is amended—
in paragraph (2), in the matter preceding subparagraph (A), by striking “a period of 5 years” and inserting “the applicable period under section 1271B(b)”; and
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in paragraph (3), by striking “the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers” and inserting “, notwithstanding “notwithstanding the requirements of paragraph (3) of section 1001D(b), the Secretary may waive the applicability of the limitation in paragraph (2) of such section, and any limitation on the maximum amount of payments related to the covered programs, for participating producers”.
Sec. 3010 Consideration of impact of provision of agricultural commodities and other assistance on local farmers and economy
Inclusion of all modalities— Section 403(a) of the Food for Peace Act (7 U.S.C. 1733(a)) is amended—
in the matter preceding paragraph (1), by inserting “, food procured outside of the United States, food voucher, or cash transfer for food,” after “agricultural commodity”;
in paragraph (1), by inserting “in the case of the provision of an agricultural commodity,” before “adequate”; and
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in paragraph (2), by striking “commodity” and inserting “agricultural commodity or use of the food procured outside of the United States, food vouchers, or cash transfers for food” after “commodity”.food”.
Avoidance of disruptive impact— Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—
in the first sentence, by inserting “, food procured outside of the United States, food vouchers, and cash transfers for food” after “agricultural commodities”; and
in the second sentence, by striking “of sales of agricultural commodities”.
Sec. 3102 Consolidation of current programs as new International Market Development Program
International Market Development Program— Section 205 of the Agricultural Trade Act of 1978 (7 U.S.C. 5625) is amended to read as follows:
“205. International Market Development Program
“(a) Program required—The Secretary and the Commodity Credit Corporation shall establish and carry out a program, to be known as the “International Market Development Program”, to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities.
“(b) Market access program component
“(1) In general—As one of the components of the International Market Development Program, the Commodity Credit Corporation shall carry out a program to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities through cost-share assistance to eligible trade organizations that implement a foreign market development program.
“(2) Types of assistance—Assistance under this subsection may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary.
“(3) Participation requirements
“(A) Marketing plan and other requirements—To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—
“(i) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary;
“(ii) meet any other requirements established by the Secretary; and
“(iii) enter into an agreement with the Secretary.
“(B) Purpose of marketing plan—A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this subsection is being requested.
“(C) Specific elements—To be approved by the Secretary, a marketing plan submitted under this paragraph shall—
“(i) specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in implementing the marketing plan;
“(ii) establish specific market goals to be achieved under the marketing plan; and
“(iii) contain whatever additional requirements are determined by the Secretary to be necessary.
“(D) Branded promotion—A marketing plan approved by the Secretary may provide for the use of branded advertising to promote the sale of United States agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary.
“(E) Amendments—An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval by the Secretary of the amendments.
“(4) Level of assistance and cost-share requirements
“(A) In general—The Secretary shall justify in writing the level of assistance to be provided to an eligible trade organization under this subsection and the level of cost sharing required of the organization.
“(B) Limitation on branded promotion—Assistance provided under this subsection for activities described in paragraph (3)(D) shall not exceed 50 percent of the cost of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of United States agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). Criteria used by the Secretary for determining that the limitation shall not apply shall be consistent and documented.
“(5) Other terms and conditions
“(A) Multi-year basis—The Secretary may provide assistance under this subsection on a multi-year basis, subject to annual review by the Secretary for compliance with the approved marketing plan.
“(B) Termination of assistance—The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—
“(i) the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;
“(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;
“(iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or
“(iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the program.
“(C) Evaluations—Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expenditures by the eligible trade organization of such assistance, including the following:
“(i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.
“(ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.
“(iii) A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.
“(6) Restrictions on use of funds—Assistance provided under this subsection to an eligible trade organization shall not be used—
“(A) to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or
“(B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern, excluding a cooperative, an association described in the first section of the Act entitled “An Act To authorize association of producers of agricultural products”, approved February 18, 1922 (7 U.S.C. 291), or a nonprofit trade association.
“(7) Permissive use of funds—Assistance provided under this subsection to a United States agricultural trade association, cooperative, or small business may be used for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this subsection.
“(8) Program considerations and priorities—In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—
“(A) give equal consideration to—
“(i) proposals submitted by organizations that were participating organizations in prior fiscal years; and
“(ii) proposals submitted by eligible trade organizations that have not previously participated in the program established under this title;
“(B) give equal consideration to—
“(i) proposals submitted for activities in emerging markets; and
“(ii) proposals submitted for activities in markets other than emerging markets.
“(9) Priority—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.
“(10) Contribution level
“(A) In general—The Secretary should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion.
“(B) Increases in contribution level—The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion.
“(11) Additionality—The Secretary should require each participant in the program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to program activities.
“(12) Independent audits—If as a result of an evaluation or audit of activities of a participant under the program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the program, the Secretary should require the participant to contract for an independent audit of the program activities, including activities of any subcontractor.
“(13) Tobacco—No funds made available under the market promotion program may be used for activities to develop, maintain, or expand foreign markets for tobacco.
“(c) Foreign Market Development Cooperator component
“(1) In general—As one of the components of the International Market Development Program, the Secretary shall carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities.
“(2) Cooperation—The Secretary shall carry out the foreign market development cooperator program in cooperation with eligible trade organizations.
“(3) Administration—Funds made available to carry out the foreign market development cooperator program shall be used only to provide—
“(A) cost-share assistance to an eligible trade organization under a contract or agreement with the organization; and
“(B) assistance for other costs that are necessary or appropriate to carry out the foreign market development cooperator program, including contingent liabilities that are not otherwise funded.
“(4) Program considerations—In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—
“(A) give equal consideration to—
“(i) proposals submitted by eligible trade organizations that were participating organizations in the foreign market development cooperator program in prior fiscal years; and
“(ii) proposals submitted by eligible trade organizations that have not previously participated in the foreign market development cooperator program; and
“(B) give equal consideration to—
“(i) proposals submitted for activities in emerging markets; and
“(ii) proposals submitted for activities in markets other than emerging markets.
“(d) Technical assistance for specialty crops component
“(1) In general—As one of the components of the International Market Development Program, the Secretary shall carry out an export assistance program to address existing or potential barriers that prohibit or threaten the export of United States specialty crops.
“(2) Purpose—The export assistance program required by this subsection shall provide direct assistance through public and private sector projects and technical assistance to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade.
“(3) Priority—The export assistance program required by this subsection shall address time sensitive and strategic market access projects based on—
“(A) trade effect on market retention, market access, and market expansion; and
“(B) trade impact.
“(4) Annual report—The Secretary shall submit to the appropriate committees of Congress an annual report that contains, for the period covered by the report, a description of each factor that affects the export of specialty crops, including each factor relating to any significant sanitary or phytosanitary issue or trade barrier.
“(e) E. (Kika) de la Garza Emerging Markets Program component
“(1) In general
“(A) Establishment of program—The Secretary, in order to develop, maintain, or expand export markets for United States agricultural commodities, is directed—
“(i) to make available to emerging markets the expertise of the United States to make assessments of the food and rural business systems needs of such emerging markets;
“(ii) to make recommendations on measures necessary to enhance the effectiveness of the systems, including potential reductions in trade barriers; and
“(iii) to identify and carry out specific opportunities and projects to enhance the effectiveness of those systems.
“(B) Extent of program—The Secretary shall implement this paragraph with respect to at least 3 emerging markets in each fiscal year.
“(2) Implementation of program—The Secretary may implement the requirements of paragraph (1)—
“(A) by providing assistance to teams consisting primarily of agricultural consultants, farmers, other persons from the private sector and government officials expert in assessing the food and rural business systems of other countries to enable such teams to conduct the assessments, make the recommendations, and identify the opportunities and projects specified in such paragraph in emerging markets; and
“(B) by providing for necessary subsistence and transportation expenses of—
“(i) United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities in emerging markets; and
“(ii) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets.
“(3) Cost-sharing—The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of such experts in the program under this paragraph.
“(4) Technical assistance—The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) necessary to enhance the effectiveness of food and rural business systems needs of emerging markets, including potential reductions in trade barriers.
“(5) Reports to Secretary—A team that receives assistance under paragraph (2) shall prepare such reports with respect to the use of such assistance as the Secretary may require.
“(f) Definitions—In this section:
“(1) Eligible Trade Organization
“(A) Market access program component—In subsection (b), the term eligible trade organization means—
“(i) a United States agricultural trade organization or regional State-related organization that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities;
“(ii) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or
“(iii) a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.
“(B) Foreign market development cooperator component—In subsection (c), the term eligible trade organization’ means a United States trade organization that—
“(i) promotes the export of one or more United States agricultural commodities; and
“(ii) does not have a business interest in or receive remuneration from specific sales of United States agricultural commodities.
“(2) Emerging market—The term emerging market means any country that the Secretary determines—
“(A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and
“(B) has the potential to provide a viable and significant market for United States agricultural commodities.
“(3) Small-business concern—The term small-business concern has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
“(4) United States agricultural commodity—The term United States agricultural commodity has the meaning given the term in section 102 of the Agriculture Trade Act of 1978 (7 U.S.C. 5602) and includes commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)).”
Funding provision— Subsection (c) of section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:
“(c) International Market Development Program
“(1) In general—Of the funds of the Commodity Credit Corporation, the Secretary shall make available for the International Market Development Program under section 205 $255,000,000 for each of the fiscal years 2019 through 2023. Such amounts shall remain available until expended.
“(2) Set-asides
“(A) Market Access Program Component—Of the funds made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be used for the market access program component of the International Market Development Program under subsection (b) of section 205.
“(B) Foreign Market Development Cooperator component—Of the funds made available under paragraph (1) for a fiscal year, not less than $34,500,000 shall be used for the foreign market development cooperator component of the International Market Development Program under subsection (c) of section 205.
“(C) Technical assistance for specialty crops component—Of the funds made available under paragraph (1) for a fiscal year, not more than $9,000,000, shall be used for the specialty crops component of the International Market Development Program under subsection (d) of section 205.
“(D) Agricultural exports to emerging markets component—Of the funds made available under paragraph (1) for a fiscal year, not more than $10,000,000 shall be used to promote agricultural exports to emerging markets under the International Market Development Program under subsection (e) of section 205.”
Repeal of superseded programs—
Market access program— Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.
Promotional assistance— Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed.
Foreign market development cooperator program— Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721–5723) is repealed.
Export assistance program for specialty crops— Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.
Emerging markets program— Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking subsection (d) and by redesignating subsection (e) and (f) as subsections (d) and (e), respectively.
Conforming amendments—
Agricultural Trade Act of 1978— The Agricultural Trade Act of 1978 is amended—
changed
in section 202 (7 U.S.C. 5622), by adding at the end the following new paragraph:subsection:
“(k) Combination of programs—The Commodity Credit Corporation may carry out a program under which commercial export credit guarantees available under this section are combined with direct credits from the Commodity Credit Corporation under section 201 to reduce the effective rate of interest on export sales of United States agricultural commodities.”
in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking “203” and inserting “205(b)”.
Agricultural Marketing Act of 1946— Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking “section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “section 205 of the Agricultural Trade Act of 1978”.
Food, Agriculture, Conservation, and Trade Act of 1990— Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking “1542(f)” and inserting “1542(e)”.
Sec. 3209 Growing American Food Exports Act of 2018
addedadded Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679) is amended to read as follows:
added “1543A. Biotechnology and Agricultural Trade Program
added “(a) Establishment—There is established in the Department of Agriculture a program to be known as the “Biotechnology and Agricultural Trade Program”.
added “(b) Purpose—The purpose of the program established under this section shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities into foreign markets through policy advocacy and targeted projects that address—
added “(1) issues relating to United States agricultural commodities produced with the use of biotechnology or new agricultural production technologies;
added “(2) advocacy for science-based regulation in foreign markets of biotechnology or new agricultural production technologies; or
added “(3) quick-response intervention regarding non-tariff barriers to United States exports produced through biotechnology or new agricultural production technologies.
added “(c) Eligible programs—Depending on need, as determined by the Secretary, activities authorized under this section may be carried out through—
added “(1) this section;
added “(2) the emerging markets program under section 1542; or
added “(3) the Cochran Fellowship Program under section 1543.”
Sec. 4001 Duplicative enrollment database
changed
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 by adding 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.”
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—
in paragraph (24) by striking “and” at the end,
in paragraph (25) by striking the period at the end and inserting “; and”, and
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, and
“(E) the portion of the aggregate value of household assets attributed to that member.”
Sec. 4002 Retailer-funded incentives pilot
changed
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 by adding 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 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
changed
“(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 subparagraph 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.
changed
“(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 subparagraph 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
Amendments— Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
by striking the heading and inserting “Gus Schumacher food insecurity nutrition incentive program”,
in subsection (b)—
in paragraph (2)—
in subparagraph (A)(ii)—
in subclause (II) by inserting “financial” after “providing”,
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”
in subclause (IV) by striking “; and” at the end and inserting a period, and
by striking subclause (V), and
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;
“(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; and
“(VII) address other criteria as established by the Secretary.”
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.”
in subsection (c)—
in paragraph (1) by striking “2014 through 2018” and inserting “2019 through 2023”, and
in paragraph (2)—
in subparagraph (B) by striking “and” at the end;
changed
in subparagraph (C) by striking the period at the end and inserting “; and”, “;”, and
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.”
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. 4005 Food distribution programs on Indian reservations
Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—
in paragraph (6)—
changed
in the heading by striking by striking “locally-grown” and inserting “locally- and regionally-grown”,
in subparagraph (A) by striking “locally-grown” and inserting “locally- and regionally-grown”,
in subparagraph (C)—
changed
by striking “locally-grown” “locally grown” and inserting “locally- and regionally-grown”, and
by striking “locally-grown” and inserting “locally- and regionally-grown”,
by amending subparagraph (D) to read as follows:
“(D) Purchase of foods—In carrying out this paragraph, the Secretary shall purchase or offer to purchase those traditional foods that may be procured cost-effectively.”
by striking subparagraph (E), and
in subparagraph (F)—
by striking “(F)” and inserting “(E)”, and
by striking “2018” and inserting “2023”, and
changed
by adding at the end the following::following:
“(7) Funds availability—Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years.”
Sec. 4007 Basic allowance for housing
added
Exclusion of basic allowance for housing— Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended—
removed
Deductions for child support payments—
removed
Amendments— Section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)) is amended—
removed
by striking paragraph (4), and
removed
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
changed
Conforming amendment— Section 5 of in paragraph (18) by striking “and” at the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—end,
added
in paragraph (19)(B) by striking the period and inserting “; and”, and
added
by adding at the end the following:
added “(20) the value of an allowance received under section 403 of title 37 of the United States Code that does not exceed $500 monthly.”
added
Update to excess shelter expense deduction— Section 5(e)(6)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is amended by inserting before the period at the end the following:
removed
in subsection (k)(4)(B) by striking “(e)(6)” and inserting “(e)(5)”, and
removed
in subsection (n) by striking “Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), the” and inserting “The”.
removed
Cooperation With Child Support Agencies—
removed
Amendments— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
removed
in subsection (l)(1) by striking “At the option of a State agency, subject” and inserting “Subject”,
removed
in subsection (m)(1) by striking “At the option of a State agency, subject” and inserting “Subject”, and
removed
by striking subsection (n).
removed
Conforming amendment— Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking “and (r)” and inserting “and (p)”.
Sec. 4008 Earned income deduction
added Section 5(e)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(B)) is amended by striking “20” and inserting “22”.
removed
Exclusion of basic allowance for housing— Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended—
removed
in paragraph (18) by striking “and” at the end,
removed
in paragraph (19)(B) by striking the period and inserting “; and”, and
removed
by adding at the end the following:
removed
“(20) the value of an allowance received under section 403 of title 37 of the United States Code that does not exceed $500 monthly.”
removed
Update to excess shelter expense deduction— Section 5(e)(6)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is amended by inserting before the period at the end the following:
Sec. 4009 Simplified homeless housing costs
changed
Section 5(e)(2)(B) 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(B)) 2014(e)(6)(D)) is amended by striking “20” and inserting “22”.amended—
added
by redesignating clause (ii) as clause (iii), and
added
by striking clause (i) and inserting the following:
added “(i) Alternative deduction—The State agency shall allow a deduction of $143 a month for households—
added “(I) in which all members are homeless individuals;
added “(II) that are not receiving free shelter throughout the month; and
added “(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A).
added “(ii) Adjustment—For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”
Sec. 4010 Availability of standard utility allowances based on receipt of energy assistance
added
Allowance to recipients of energy assistance—
added
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 member” after “households”.
added
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 member” before “, consistent with section 5(e)(6)(C)(iv)(I)”.
removed
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended—
changed
Third-party energy assistance payments— by redesignating clause (ii) as clause (iii), andSection 5(k)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended—
added
in subparagraph (A) by inserting “without an elderly member” after “household” the 1st place it appears; and
added
in subparagraph (B) by inserting “with an elderly member” after “household” the 1st place it appears.
removed
by striking clause (i) and inserting the following:
removed
“(i) Alternative deduction—The State agency shall allow a deduction of $143 a month for households—
removed
“(I) in which all members are homeless individuals;
removed
“(II) that are not receiving free shelter throughout the month; and
removed
“(III) that do not opt to claim an excess shelter expense deduction under subparagraph (A).
removed
“(ii) Adjustment—For fiscal year 2019 and each subsequent fiscal year the amount of the homeless shelter deduction specified in clause (i) shall be adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”
Sec. 4011 Child support; cooperation with child support agencies
changed
Allowance to recipients of energy assistance—Deductions for child support payments—
changed
Standard utility allowance—Amendments— Section 5(e)(6)(C)(iv)(I) of the 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) 2014(e)) is amended by inserting “with an elderly member” after “households”.amended—
added
by striking paragraph (4), and
added
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
changed
Conforming amendments—amendment— Section 2605(f)(2)(A) 5 of the Low-Income Home Energy Assistance Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended by inserting “received by a household with an elderly member” before “, consistent with section 5(e)(6)(C)(iv)(I)”.amended—
added
in subsection (k)(4)(B) by striking “(e)(6)” and inserting “(e)(5)”, and
added
in subsection (n) by striking “Regardless of whether a State agency elects to provide a deduction under subsection (e)(4), the” and inserting “The”.
added
Cooperation With Child Support Agencies—
added
Amendments— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
added
in subsection (l)(1) by striking “At the option of a State agency, subject” and inserting “Subject”,
added
in subsection (m)(1) by striking “At the option of a State agency, subject” and inserting “Subject”, and
added
by striking subsection (n).
removed
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—
changed
Conforming amendment— in subparagraph (A) Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking “and (r)” and inserting “without an elderly member” after “household” the 1st place it appears; and“and (p)”.
removed
in subparagraph (B) by inserting “with an elderly member” after “household” the 1st place it appears.
Sec. 4015 Workforce solutions
Conditions of participation— Section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended—
in paragraph (1)—
in subparagraph (A)—
by striking “No” and inserting “Subject to subparagraph (C), no”,
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”,
by amending clause (i) to read as follows:
“(i) without good cause, fails to work 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;”
by striking clauses (ii) and (vi),
in clause (iv) by adding “or” at the end,
in clause (v)(II) by striking “30 hours per week; or” and inserting “the hourly requirements applicable under paragraph (1)(B)(i).”, and
by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively,
by striking subparagraph (B),
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.”
in subparagraph (D)—
in clause (iii)(I) by striking “(A)” each place it appears and inserting “(B)”,
in clause (iv) by striking “(A)(v)”and inserting “(B)(iv)”, and
by striking clauses (v) and (vi),
by redesignating subparagraphs (A) and (D) as subparagraphs (B) and (I), respectively,
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); and
“(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).”
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 (6)(F), section 7(i), section 11(e)(19), and section 16 (excluding subparagraphs (A), (B), (D), and (C) 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, 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 percent, except that the 24-month period shall begin no 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.
changed
“(iii) Limit on combining areas—In jurisdictions—In carrying out clause (i), the Secretary may waive the applicability of subparagraph (B) only to a State or individual areas jurisdictions within a State, except in the case of combined areas 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 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
“(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 year 2021 and thereafter—Subject to clauses (iv) and (v), for fiscal year 2021 and each subsequent fiscal year, 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.
“(iv) 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) 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.”
in paragraph (2)—
in the 1st sentence—
by striking “paragraph (1)” and inserting “paragraph (1)(B)”, and
by striking “(E)” and all that follows through the period at the end, and inserting the following:
by striking the last sentence,
in paragraph (3) by striking “registration requirements” and inserting “requirement”,
in paragraph (4)—
in subparagraph (A)—
by redesignating clause (ii) as clause (iii), and
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.”
in subparagraph (B)—
by inserting after “contains” the following:
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.”
in clause (ii) by striking “jobs skills assessments, job finding clubs, training in techniques for” and inserting “employability assessments, training in techniques to increase”,
by striking clause (iii),
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,
in clause (v) by inserting “, including family literacy and financial literacy,” after “literacy”,
in clause (vii) by striking “not more than”, and
by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively,
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.”
in subparagraph (H) by striking “(B)(v)” and inserting “(B)(iv)”, and
by redesignating subparagraphs (G) through (M) as subparagraphs (E) through (K), respectively.
Conforming amendments—
Amendments to the Food and Nutrition Act of 2008— Section 5(d)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)(14)) is amended by striking “6(d)(4)(I)” and inserting “6(d)(4)(G)”.
Amendment to other laws—
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—
in subclause (I) by striking “, or” and inserting a period,
by striking “family—” and all that follows through “(I) receiving” and inserting “family receiving”, and
by striking subclause (II).
Workforce Innovation and Opportunity Act— The Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1425) is amended—
in section 103(a)(2) by striking subparagraph (D), and
in section 121(b)(2)(B) by striking clause (iv).
Related requirements— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
changed
in subsection (e) (e)(5)(A) by amending paragraph (5) to read as follows:inserting “or of an incapacitated person” after “6”, and
removed
“(5) is a parent or other household member with responsibility for the care of a dependent child under 6 years of age or of an incapacitated person;”
by striking subsection (o).
Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
changed
in section 6, as amended by section 4007 4011 and subsection (c), by redesignating subsections (p) through (s) as subparagraphs (n) through (q), respectively, and
in section 7(i)(1) by striking “6(o)(2)” and inserting “6(d)(1)(B)”.
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”.
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—
in paragraph (1)—
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.”
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
changed “(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).”
in subparagraph (D) by striking “$50,000” and inserting “$100,000”, and
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.”
in paragraph (5)(C)—
in clause (ii) by adding “and” at the end,
in clause (iii) by striking “; and” and inserting a period, and
by striking clause (iv).
Work supplementation or work support program—
Repealer— Subsection (b) of section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(b)) is repealed.
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).”
Workfare—
Repealer— Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is repealed.
Conforming amendments— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
in section 16(h)—
in paragraph (1)(F)—
in clause (i)—
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
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,
in clause (ii)—
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
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
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
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
in section 17(b)—
changed
in paragraph(1)(B)(iv)(III)(jj) 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
by striking paragraph (2).
Sec. 4016 Modernization of electronic benefit transfer regulations
Section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(2)) is amended—
in the 1st sentence by inserting “and shall periodically review such regulations and modify such regulations to take into account evolving technology and comparable industry standards” before the period at the end, and
in subparagraph (C)—
by striking “(C)(i)” and all that follows through “abuse; and”, by inserting the following:
“(C)
changed
“(i) risk-based measures to maximize the security of a system using the most effective technology available that the State agency considers appropriate and cost effective while prioritizing including consideration of recipient access and ease of use and which may include personal identification numbers, photographic identification on electronic benefit transfer cards, alternatives for securing transactions, and other measures to protect against fraud and abuse; and”
by moving the left margin of clause (ii) 4 ems to the left.
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—
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.”
in subparagraph (B)—
by striking the heading and inserting “Demonstration projects on access of benefits through mobile technologies”,
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.”
in clause (ii)—
in the heading by striking “Demonstration projects” and inserting “Project Requirements”,
changed
by striking “retail food store” the first place it appears and inserting “State agency”,
by striking “includes”,
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);
“(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; and
“(VII) meets other criteria as established by the Secretary.”
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.”
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.”
in subparagraph (C)(i)—
by striking “2017” and inserting “2022”, and
changed
by inserting “requires further study by way of an extended pilot period or” after “States” the 2d place it appears.appears .
Sec. 4018 Processing fees
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 or routing such benefits.”
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:
changed
“(H) Switching—The term switching ‘’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”State.”
Sec. 4021 Requirements for online acceptance of benefits
Definition— Section 3(o)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking “or house-to-house trade route” and inserting “, house-to-house trade route, or online entity”.
Acceptance of benefits— Section 7(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—
by striking the heading and inserting “Acceptance of program benefits through online transactions”,
changed
in subparagraph paragraph (4) by striking subparagraph (C), and
by striking paragraph (5).
Sec. 4022 National gateway
Issuance of benefits— Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—
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
by adding at the end the following:
changed
“(l) Requirement To to route all supplemental nutrition assistance program benefit transfer transactions through a national gateway
“(1) Definitions—For purposes of this section:
changed “(A) The term independent sales 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.”
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. 4030 Public-private partnerships
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following:
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“(m) Pilot projects To to encourage the use of public-Private public-private partnerships committed to addressing food insecurity
“(1) In general—The Secretary may, on application, permit not more than 10 eligible entities to carry out pilot projects to support public-private partnerships that address food insecurity and poverty.
“(2) Definition—For purposes of this subsection, an “eligible entity” means—
“(A) a State;
“(B) a unit of local government;
“(C) a nonprofit organization;
“(D) a community-based organization; and
“(E) an institution of higher education.
“(3) Project requirements—Projects approved under this subsection shall be limited to 2 years in length and evaluate the impact of the ability of eligible entities to—
“(A) improve the effectiveness and impact of the supplemental nutrition assistance program;
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“(B) develop food security solutions that are contextualized to the needs of a community or region; and,and
“(C) strengthen the capacity of communities to address food insecurity and poverty.
“(4) Reporting—Participating entities shall report annually to the Secretary who shall submit a final report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Such report shall include—
“(A) a summary of the activities conducted under the pilot projects;
“(B) an assessment of the effectiveness of the pilot projects; and
“(C) best practices regarding the use of public-private partnerships to improve the effectiveness of public benefit programs to address food insecurity and poverty.
“(5) Authorization and advance availability of appropriations
“(A) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $5,000,000 to remain available until expended.
“(B) Appropriation in advance—Only funds appropriated under subparagraph (A) in advance specifically to carry out this subsection shall be available to carry out this subsection.”
Sec. 4033 Nutrition education
Nutrition education and obesity prevention grant program— Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended—
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 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.
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“(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).”U.S.C. 7601).”
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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 Administrator Director of the National Institute of Food and Agriculture, in consultation with the Administrator of the Food and Nutrition Service, shall”,
in subsection (c)—
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.”
in paragraph (2)—
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.”
in subparagraph (B) by striking “Except as provided in subparagraph (C), a” and inserting “A”, and
by striking subparagraph (C),
in paragraph (3)—
in subparagraph (A)—
by striking “A State agency” and inserting “An eligible institution”, and
by inserting “the Director of the National Institute of Food and Agriculture and” after “by”, and
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in subparagraph (B) by inserting “, the “the Director of the National Institute of Food and Agriculture, Agriculture and” after “education”, “education,”, and
in paragraph (4) by inserting “and eligible institutions” after “agencies”, and
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in subparagraph paragraph (5) by striking “State agency” and inserting “eligible institutions”,
in subsection (d)—
in paragraph (1)—
in the heading by striking “In general” and inserting “Basic funding”,
by striking “to State agencies”,
in subparagraph (E) by striking “and” at the end,
in subparagraph (F)—
by striking “year 2016 and each subsequent fiscal year” and inserting “years 2016 through 2018”, and
by striking the period at the end and inserting a semicolon, and
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.”
in paragraph (2)—
in subparagraph (A)—
by inserting “and appropriated under the authority of paragraph (2)” after “paragraph (1)”, and
in clause (ii)—
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by inserting ““(as “(as that section existed on the date day before the date of the enactment of the Agriculture and Nutrition Act of 2018” 2018)” after “(B)” and
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in subparagraph subclause (V) by striking “and each fiscal year thereafter”, and
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.”
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.”
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
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).”
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.”
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”.
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—
in section 3—
in subsections (d) and (i) by striking “7(i)” and inserting “7(h)”, and
in subsection (o)(1)(A) by striking “(r)(1)” and inserting “(q)(1)”,
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”,
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in subsections (e)(1) and (f)(1)(A)(i) of section 8 by striking “3(n)(5)” and inserting “(3)(m)(5)”,“3(m)(5)”,
in the 1st sentence of section 10—
by striking “or the Federal Savings and Loan Insurance Corporation” each place it appears, and
by striking “3(p)(4)” and inserting “3(o)(4)”,
in section 11—
in subsection (a)(2) by striking “3(t)(1)” and inserting “3(s)(1)”, and
in subsection (d)—
by striking “3(t)(1)” each place it appears and inserting “3(s)(1)”, and
by striking “3(t)(2)” each place it appears and inserting “3(s)(2)”,
in subsection (e)—
in paragraph (17) by striking “3(t)(1)” inserting “3(s)(1)”, and
in paragraph (23) by striking “Simplified Supplemental Nutrition Assistance Program” and inserting “simplified supplemental nutrition assistance program”,
in section 15(e) by striking “exchange” and all that follows through “anything”, and inserting “exchange for benefits, or anything”,
in section 17(b)(1)(B)(iv)—
in subclause (III)(aa) by striking “3(n)” and inserting “3(m)”, and
in subclause (VII) by striking “7(i)” and inserting “7(h)”,
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in section 25(a)(1)(B) (i)(I) 25(a)(1)(B)(i)(I) by striking the 2d semicolon at the end, and
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in section 26(b) by striking “out” and all that follows through “(referred”, and inserting “out a simplified supplemental nutrition assistance program (referred”,(referred”.
Sec. 5101 Modification of the 3-year experience eligibility requirement for farm ownership loans
Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended by adding at the end the following:
“(4) Waiver authority—In the case of a qualified beginning farmer or rancher, the Secretary may—
“(A) reduce the 3-year requirement in paragraph (1) to—
“(i) 2 years, if the farmer or rancher has—
“(I) 16 credit hours of post-secondary education in a field related to agriculture;
“(II) at least 1 year of direct substantive management experience in a business;
“(III) been honorably discharged from the armed forces of the United States;
“(IV) successfully repaid a youth loan made under section 311(b); or
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“(V) an established relationship with an individual participating as a counselor in a Service Corps of Retired Executives program authorized under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), or with a local farm or ranch operator or organization, approved by the Secretary, that is committed to mentoring the farmer or rancher;rancher; or
“(ii) 1 year, if the farmer or rancher has military leadership or management experience from having completed an acceptable military leadership course; or
“(B) waive the 3-year requirement in paragraph (1) if the farmer or rancher—
“(i) meets a requirement of subparagraph (A)(i) (other than subclause (V) thereof) and meets the requirement of subparagraph (A)(ii); and
“(ii) meets the requirement of subparagraph (A)(i)(V).”
Sec. 5201 Limitations on amount of operating loans
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Section 313(a) 313(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(a)) 1943(a)(1)) is amended—
by striking “$700,000” and inserting “$1,750,000”; and
by striking “2000” and inserting “2019”.
Sec. 5401 Technical corrections to the Consolidated Farm and Rural Development Act
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Section 310E(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(d)(3)) is amended by inserting “and socially disadvantaged farmers or ranchers” after “ranchers” the 2nd second place it appears.
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The amendment made by this subsection shall take effect as if included in the enactment of section 5004(4)(A)(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246).110–246) in lieu of the amendment made by such section.
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Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended in the 2nd second sentence by striking “and limited liability companies” and inserting “limited liability companies, and such other legal entities”.
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The amendment made by this subsection shall take effect as if included in the enactment of section 5201 of the Agricultural Act of 2014 (Public Law 113–79).113–79) in lieu of the amendment made by such section.
Section 331D(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981d(e)) is amended by inserting after “within 60 days after receipt of the notice required in this section” the following: “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period”.
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The amendment made by this subsection shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public.Law (Public Law 102–554).
Section 333A(f)(1)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking “114” and inserting “339”.
The amendment made by this subsection shall take effect as if included in the enactment of section 14 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).
Section 339(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C.1989(d)(3)) is amended by striking “preferred certified lender” and inserting “Preferred Certified Lender”.
Section 343(a)(11)(C) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking “or joint operators” and inserting “joint operator, or owners”.
The amendment made by this subsection shall take effect as of the effective date of section 5303(a)(2) of the Agricultural Act of 2014.
Section 343(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(b)) is amended by striking “307(e)” and inserting “307(d)”.
The amendment made by paragraph (1) shall take effect as if included in the enactment of section 5004 of the Agricultural Act of 2014 (Public Law 113–79).
Section 346(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.1994(a)) is amended by striking the last comma.
Sec. 5501 Elimination of obsolete references
Section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) is amended to read as follows:
“(a) Composition—The Farm Credit System shall include the Farm Credit Banks, banks for cooperatives, Agricultural Credit Banks, the Federal land bank associations, the Federal land credit associations, the production credit associations, the Agricultural Credit Associations, the Federal Farm Credit Banks Funding Corporation, the Federal Agricultural Mortgage Corporation, service corporations established pursuant to section 4.25 of this Act, and such other institutions as may be made a part of the System, all of which shall be chartered by and subject to regulation by the Farm Credit Administration.”
Section 2.4 of such Act (12 U.S.C. 2075) is amended by striking subsection (d).
Section 3.0 of such Act (12 U.S.C. 2121) is amended—
in the 3rd sentence, by striking “and a Central Bank for Cooperatives”; and
by striking the 5th sentence.
Section 3.2(a)(1) of such Act (12 U.S.C. 2123(a)(1)) is amended—
by striking “not merged into the United Bank for Cooperatives or the National Bank for Cooperatives”; and
by adding at the end the following: “Section 7.12(c) shall apply to the board of directors of a merged bank for cooperatives.”.
Section 3.2(a)(2)(A) of such Act (12 U.S.C. 2123(a)(2)(A)) is amended by striking “(other than the National Bank for Cooperatives)”.
Section 3.2 of such Act (12 U.S.C. 2123) is amended—
by striking subsection (b);
in subsection (a)(2)(B), by striking “paragraph” and inserting “subsection”;
by striking “(a)(1)” and inserting “(a)”;
by striking “(2)(A)” and inserting “(b)(1)”;
by striking “(i)” and inserting “(A)”;
by striking “(ii)” and inserting “(B)”; and
by striking “(B)” and inserting “(2)”.
Section 3.5 of such Act (12 U.S.C. 2126) is amended by striking “district”.
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Section 3.7(a) of such Act (12 U.S.C. 2128(a)) is amended by striking the 2nd second sentence.
Section 3.8(b)(1)(A) of such Act (12 U.S.C. 2129(b)(1)(A)) is amended by inserting “(or successor agency)” after “Rural Electrification Administration”.
Section 3.9(a) of such Act (12 U.S.C. 2130(a)) is amended by striking the 3rd sentence.
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Section 3.10(c) of such Act (12 U.S.C. 2131(c)) is amended by striking the 2nd second sentence.
Section 3.10(d) of such Act (12 U.S.C. 2131(d)) is amended—
by striking “district” each place it appears; and
by inserting “for cooperatives or successor bank” before “on account of such indebtedness”.
Section 3.11 of such Act (12 U.S.C. 2132) is amended—
in subsection (a), by striking “subsections (b) and (c)” and inserting “subsection (b)”;
in subsection (b)—
by striking “district”; and
by striking “Except as provided in subsection (c) below, all” and inserting “All”; and
by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively.
The heading for part B of title III of such Act is amended by striking “United and”.
Section 3.20(a) of such Act (12 U.S.C. 2141(a)) is amended by striking “or the United Bank for Cooperatives, as the case may be”.
Section 3.20(b) of such Act (12 U.S.C. 2141(b)) is amended by striking “the district banks for cooperatives and the Central Bank for Cooperatives” and inserting “all constituent banks referred to in section 413 of the Agricultural Credit Act of 1987”.
Section 3.21 of such Act (12 U.S.C. 2142) is repealed.
Section 3.28 of such Act (12 U.S.C. 2149) is amended by striking “a district bank for cooperatives and the Central Bank for Cooperatives” and inserting “its constituent banks referred to in section 413 of the Agricultural Credit Act of 1987”.
Section 3.29 of such Act (12 U.S.C. 2150) is repealed.
Section 4.0 of such Act (12 U.S.C. 2151) is repealed.
Section 5.60(b) of such Act (12 U.S.C. 2277a-9(b)) is amended to read as follows:
“(b) Amounts in Fund—The Corporation shall deposit in the Insurance Fund all premium payments received by the Corporation under this part.”
Section 4.8 of such Act (12 U.S.C. 2159) is amended—
by striking “(a)”; and
by striking subsection (b).
Section 1.1(c) of such Act (12 U.S.C. 2001(c)) is amended by striking “including any costs of defeasance under section 4.8(b),”.
Section 4.9(d)(2) of such Act (12 U.S.C. 2160(d)(2)) is amended to read as follows:
“(2) Representation on board—The Farm Credit System Insurance Corporation shall have no representation on the board of directors of the Corporation.”
Section 4.9 of such Act (12 U.S.C. 2160) is amended by striking subsection (e) and redesignating subsection (f) as subsection (e).
Section 4.9A(c) of such Act (12 U.S.C. 2162(c)) is amended to read as follows:
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“(c) Inability To to retire stock at par value—If an institution is unable to retire eligible borrower stock at par value due to the liquidation of the institution, the Farm Credit System Insurance Corporation, acting as receiver, shall retire such stock at par value as would have been retired in the ordinary course of business of the institution. The Farm Credit System Insurance Corporation shall make use of sufficient funds from the Farm Credit Insurance Fund to carry out this section.”
Section 4.12A(a)(1) of such Act (12 U.S.C. 2184(a)(1)) is amended to read as follows:
“(1) In general—Every Farm Credit System bank or association shall provide a current list of its stockholders, within 7 calendar days after receipt of a written request by a stockholder, to the requesting stockholder.”
Section 4.14A(a) of such Act (12 U.S.C. 2202a(a)) is amended by inserting “and section 4.36” after “As used in this part”.
Section 4.14A of such Act (12 U.S.C. 2202a) is amended—
in subsection (l), by striking “production credit”; and
by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
Section 5.31 of such Act (12 U.S.C. 2267) is amended by striking “4.14A(i)” and inserting “4.14A(h)”.
Section 5.32(h) of such Act (12 U.S.C. 2268(h)) is amended by striking “4.14A(i)” and inserting “4.14A(h)”.
Section 4.14C of such Act (12 U.S.C. 2202c) is repealed.
Section 4.14A(a)(5)(B)(ii)(I) of such Act (12 U.S.C. 2202a(a)(5)(B)(ii)(I)) is amended by striking “4.14C,”.
Section 8.9 of such Act (12 U.S.C. 2279aa–9) is amended by striking “4.14C,” each place it appears.
Section 4.17 of such Act (12 U.S.C. 2205) is amended by striking “Federal intermediate credit banks and”.
Section 4.19(a) of such Act (12 U.S.C. 2207(a)) is amended—
by striking “district”;
by striking “Federal land bank association and production credit”; and
by striking “units” and inserting “institutions”.
Section 4.38 of such Act (12 U.S.C. 2219c) is amended by striking “The Assistance Board established under section 6.0 and all” and inserting “All”.
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Section 5.17(a)(2) of such Act (12 U.S.C. 2252(a)(2)) is amended by striking the 2nd second and 3rd sentences.
Section 5.18 of such Act (12 U.S.C. 2253) is repealed.
Section 5.19(a) of such Act (12 U.S.C. 2254(a)) is amended—
by striking “Except for Federal land bank associations, each” and inserting “Each”; and
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by striking the 2nd second sentence.
Section 5.19(b) of such Act (12 U.S.C. 2254(b)) is amended—
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in the 2nd second sentence of paragraph (1), by striking “except with respect to any actions taken by any banks of the System under section 4.8(b),”;
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by striking the 3rd third sentence of paragraph (1);
by striking “(b)(1)” and inserting “(b)”; and
by striking paragraphs (2) and (3).
Section 5.35(4) of such Act (12 U.S.C. 2271(4)) is amended—
in subparagraph (C)—
by striking “after December 31, 1992,”; and
by striking “by the Farm Credit System Assistance Board under section 6.6 or”; and
by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).
Section 5.38 of such Act (12 U.S.C. 2274) is amended by striking “a farm credit district board, bank board, or bank officer or employee shall not remove any director or officer of any production credit association or Federal land bank association” and inserting “a Farm Credit Bank board, officer, or employee shall not remove any director or officer of any association”.
Section 5.44 of such Act (12 U.S.C. 2275) is repealed.
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Section 5.58(2) of such act Act (12 U.S.C. 2277a–7) is amended by striking the 2nd second sentence.
Subtitle A of title VI of such Act (12 U.S.C. 2278a-2278a–11) is repealed.
Title VI of such Act (12 U.S.C. 2278a-2278b–11) is amended by adding at the end the following:
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“6.32 “6.32. Termination of authority
“The authority provided in this subtitle shall terminate on December 31, 2018.”
Section 7.9 of such Act (12 U.S.C. 2279c–2) is amended by striking subsection (c).
Section 7.10(a)(4) of such Act (12 U.S.C. 2279d(a)(4)) is amended to read as follows:
“(4) the institution pays to the Farm Credit Insurance Fund the amount by which the total capital of the institution exceeds 6 percent of the assets;”
Section 8.0(2) of such Act (12 U.S.C. 2279aa(2)) is amended to read as follows:
“(2) Board—The term Board means the board of directors established under section 8.2.”
Section 8.0 of such Act (12 U.S.C. 2279aa) is amended by striking paragraphs (6) and (8), and redesignating paragraphs (7), (9), and (10) as paragraphs (6) through (8), respectively.
Section 4.39 of such Act (12 U.S.C. 2219d) is amended by striking “8.0(7)” and inserting “8.0(6)”.
Section 8.6(e)(2) of such Act (12 U.S.C. 2279aa–6(e)(2)) is amended by striking “8.0(9)” and inserting “8.0(7)”.
Section 8.11(e) of such Act (12 U.S.C. 2279aa–11(e)) is amended by striking “8.0(7)” and inserting “8.0(6)”.
Section 8.32(a)(1)(B) of such Act (12 U.S.C. 2279bb–1(a)(1)(B)) is amended by striking “8.0(9)(C)” and inserting “8.0(7)(C)”.
Section 8.2 of such Act (12 U.S.C. 2279aa-2) is amended—
in subsection (b)—
in the subsection heading, by striking “Permanent Board” and inserting “Board of Directors”;
by striking paragraph (1) and inserting the following:
“(1) Establishment—The Corporation shall be under the management of the Board of Directors.”
by striking paragraph (3) and redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively; and
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by striking “permanent” each place it appears in paragraphs (2) (2), and (3) through (9), as (9) (as so redesignated; redesignated); and
by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
Section 8.4(a)(1) of such Act (12 U.S.C. 2279aa–4) is amended—
by striking the 3rd sentence;
by inserting after the 1st sentence the following: “Voting common stock shall be offered to banks, other financial entities, insurance companies, and System institutions under such terms and conditions as the Board may adopt. The voting stock shall be fairly and broadly offered to ensure that no institution or institutions acquire a disproportionate amount of the total amount of voting common stock outstanding of a class and that capital contributions and issuances of voting common stock for the contributions are fairly distributed between entities eligible to hold Class A and Class B stock, as provided under this paragraph.”;
by striking “8.2(b)(2)(A)” and inserting “8.2(a)(2)(A)”; and
by striking “8.2(b)(2)(B)” and inserting “8.2(a)(2)(B)”.
Section 8.6 of such Act (12 U.S.C. 2279aa–6) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d).
changed
Section 8.0(9)(B)(i) Paragraph (7)(B)(i) of section 8.0 of such Act (12 U.S.C. 2279aa(9)(B)(i)) 2279aa), as redesignated by subsection (ss)(1), is amended by striking “through (d)” and inserting “and (c)”.
Section 8.33(b)(2)(A) of such Act (12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking “8.6(e)” and inserting “8.6(d)”.
Section 8.32(a) of such Act (12 U.S.C. 2279bb–1(a)) is amended by striking “Not sooner than the expiration of the 3-year period beginning on the date of enactment of the Farm Credit System Reform Act of 1996, the” and inserting “The”.
Section 8.35 of such Act (12 U.S.C. 2279bb–4) is amended by striking subsection (e).
Section 8.38 of such Act (12 U.S.C. 2279bb–7) is repealed.
Sec. 5502 Conforming repeals
Sections 4, 5, 6, 7, 8, 14, and 15 of the Agricultural Marketing Act (12 U.S.C. 1141b, 1141c, 1141d, 1141e, 1141f, 1141i, and 1141j) are repealed.
The Act of June 22, 1939, (Chapter 239; 53 Stat. 853; 12 U.S.C. 1141d–1) is repealed.
changed
Section 201(e) 201 of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed.
Section 2 of the Act of July 14, 1953, (Chapter 192; 67 Stat. 150; 12 U.S.C. 1148a–4) is repealed.
Sections 32 through 34 of the Farm Credit Act of 1937 (12 U.S.C. 1148b, 1148c, and 1148d) are repealed.
Sections 1 through 4 of the Act of March 3, 1932, (12 U.S.C. 1401 through 1404) are repealed.
Sec. 5503 Facility headquarters
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) is amended by striking all that precedes “to the rental of quarters” and inserting the following:
changed
“5.16 “5.16. Quarters and facilities for the Farm Credit Administration
changed
“(a) The Farm Credit Administration shall maintain its principal office with within the Washington D.C.-Maryland-Virginia standard metropolitan statistical area, and such other offices within the United States as in its judgment are necessary.
“(b) As an alternate”
Sec. 6001 Prioritizing projects to meet health crises in rural America
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
changed
“(a) Authority To 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 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 emergency
“(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.”
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.”
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.”
Rural health and safety education programs—
In general— Section 502(i) of the Rural Development Act of 1972 (7 U.S.C. 2662(i)) is amended—
by redesignating paragraph (5) as paragraph (6); and
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.”
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—
in section 502, in the matter preceding subsection (a), by inserting “(referred to in this title as the Secretary)” after “Agriculture”; and
by striking “Secretary of Agriculture” each place it appears (other than in section 502 in the matter preceding subsection (a)) and inserting “Secretary”.
Sec. 6003 Reauthorization of the Farm and Ranch Stress Assistance Network
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is amended—
in subsection (a), by striking “coordination with the Secretary of Health and Human Services, shall make competitive grants to support cooperative programs between State cooperative extension services and nonprofit organizations” and inserting “consultation with the Secretary of Health and Human Services, shall make competitive grants to State cooperative extension services and Indian Tribes to support programs with nonprofit organizations in order”;
in subsection (b)—
in paragraph (1), by inserting “Internet” before “websites”;
by striking paragraph (2) and inserting the following:
“(2) training for individuals who may assist farmers in crisis, including programs and workshops;”
in paragraph (4), by inserting “, including the dissemination of information and materials” before the semicolon at the end;
changed
in subsection (c), by striking “to enable the State cooperative extension services” and inserting “or Indian tribes, Tribes, as applicable, to”;applicable,”;
in subsection (d), by striking “fiscal years” and all that follows and inserting “fiscal years 2018 through 2023”; and
by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:
“(d) Oversight and evaluation—The Secretary, in consultation with the Secretary of Health and Human Services, shall review and evaluate the stress assistance programs carried out pursuant to this section.
“(1) Program review—Not later than 2 years after the date on which a grant is first provided under this section, and annually thereafter, the Secretary shall—
“(A) review the programs funded under a grant made under this section to evaluate the effectiveness of the services offered through such a program, and suggest alternative services not offered by such a grant recipient that would be appropriate for behavioral health services; and
“(B) submit to the Congress, and make available on the public Internet website of the Department of Agriculture, a report containing the results of the review conducted under subparagraph (A) and a description of the services provided through programs funded under such a grant.
“(2) Public availability—In making the report under paragraph (1) publicly available, the Secretary shall take such steps as may be necessary to ensure that the report does not contain any information that would identify any person who received services under a program funded under a grant made under this section.”
Sec. 6101 Establishing forward-looking broadband standards
added
In general— Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
removed
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
renumbered
was (3)
in subsection (d)(1)(A), by striking clause (i) and inserting the following:
“(i) demonstrate the ability to furnish or improve service in order to meet the broadband service standards established under subsection (e)(1) in all or part of an unserved or underserved rural area;”
renumbered
was (4)
in subsection (e)—
renumbered
was (4)(2)
by striking paragraphs (1) and (2) and inserting the following:
“(1) In general—Subject to paragraph (2), for purposes of this section, the Secretary shall establish broadband service standards for rural areas which provide for—
added “(A) a minimum acceptable standard of service that requires the speed to be at least 25 megabits per second downstream transmission capacity and 3 megabits per second upstream transmission capacity; and
removed
“(A) a minimum acceptable standard of service; and
“(B) projections of minimum acceptable standards of service for 5, 10, 15, 20, and 30 years into the future.
“(2) Adjustments
“(A) In general—At least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the broadband service standards in effect under paragraph (1) to encourage the delivery of high quality, cost-effective broadband service in rural areas.
“(B) Considerations—In establishing and adjusting the broadband service standards in effect under paragraph (1), the Secretary shall consider—
“(i) the broadband service needs of rural families and businesses;
“(ii) broadband service available to urban and suburban areas;
“(iii) future technology needs of rural residents;
“(iv) advances in broadband technology; and
“(v) other relevant factors as determined by the Secretary.”
renumbered
was (4)(3)
by adding at the end the following:
“(4) Agreement—The Secretary shall not provide a loan or loan guarantee under this section for a project unless the Secretary determines, at the time the agreement to provide the loan or loan guarantee is entered into, that, at any time while the loan or loan guarantee is outstanding, the project will be capable of providing broadband service at not less than the minimum acceptable standard of service established under paragraph (1)(B) for that time.
“(5) Substitute service standards for unique service territories—If an applicant shows that it would be cost prohibitive to meet the minimum acceptable level of broadband service established under paragraph (1)(B) for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. Any substitute service standards should continue to consider the matters described in paragraph (2)(B) and reflect the best technology available to meet the needs of the residents in the unserved area.”
renumbered
was (5)
in subsection (g)—
renumbered
was (5)(2)
in paragraph (2)(A), by striking “level of broadband service established under subsection (e)” and inserting “standard of service established under subsection (e)(1)(A)”; and
renumbered
was (5)(3)
by adding at the end the following:
“(4) Minimum standards—To the extent possible, the terms and conditions under which a loan or loan guarantee is provided to an applicant for a project shall require that, at any time while the loan or loan guarantee is outstanding, the broadband network provided by the project will meet the lower of—
“(A) the minimum acceptable standard of service projected under subsection (e)(1)(B) for that time, as agreed to by the applicant at the time the loan or loan guarantee is provided; or
“(B) the minimum acceptable standard of service in effect under subsection (e)(1)(A) for that time.”
added
Report to Congress— Within 12 months after the date of the enactment of this Act, the Administrator of the Rural Utilities Service (in this subsection referred to as the “RUS”) shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a written report on the effectiveness of RUS loan and loan guarantee programs for the purpose of expanding broadband to rural areas (as defined in RUS regulations), which shall—
added
identify administrative and legislative options for incentivizing private investment by utilizing RUS loan guarantee programs for the purpose of expanding broadband to rural areas;
added
evaluate the existing borrower and lending guidelines for RUS loan and loan guarantee applicants to incentivize participation in both programs;
added
evaluate the loan and loan guarantee application processes for lenders and borrowers by eliminating burdensome and unnecessary steps in the application process and providing a more streamlined process to decrease the complexity of the application and the timeline from application to approval or denial;
added
identify opportunities to provide technical assistance and pre-development planning activities to assist rural counties and communities to assess current and future broadband needs; and
added
identify and evaluate emerging technologies, including next-generation satellite technologies, and ways to leverage the technologies to provide high-speed, low-latency internet connectivity to rural areas.
Sec. 6106 Unified broadband reporting requirements
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
in subsection (j)—
changed
in the matter preceding paragraph (1), by striking “Not later than” and all that follows through “section” and insert inserting “Each year, the Secretary shall submit to the Congress a report that describes the extent of participation in the broadband loan, loan guarantee, and grant programs administered by the Secretary”;
in paragraph (1), by striking “loans applied for and provided under this section” and inserting “loans, loan guarantees, and grants applied for and provided under the programs”;
in paragraph (2)—
in subparagraph (A), by striking “loan”; and
in subparagraph (B), by striking “loans and loan guarantees provided under this section” and inserting “loans, loan guarantees, and grants provided under the programs”;
in paragraph (3), by striking “loan application under this section” and inserting “application under the programs”;
in each of paragraphs (4) and (6), by striking “this section” and inserting “the programs”; and
in paragraph (5)—
by striking “service” and inserting “technology”; and
by striking “(b)(1)” and inserting “(e)(1)”; and
in subsection (k)(2), in each of subparagraphs (A)(i) and (C), by striking “loans” and inserting “grants, loans,”.
Sec. 6107 Improving access by providing certainty to broadband borrowers
Telephone loan program— Title II of the Rural Electrification Act of 1936 (7 U.S.C. 922–928) is amended by adding at the end the following:
“208. Authority to obligate, but not disburse, funds before the completion of reviews
“(a) In general—The Secretary may obligate, but shall not disburse, funds under this title for a project before the completion of any otherwise required environmental, historical, or other review of the project.
changed
“(b) Authority To to deobligate funds—The Secretary may deobligate funds under this title for a project if any such review will not be completed within a reasonable period of time.”
Rural broadband program— Section 601(d) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by adding at the end the following:
“(11) Authority to obligate, but not disburse, funds before completion of reviews; authority to deobligate funds—The Secretary may obligate, but shall not disburse, funds under this section for a project before the completion of any otherwise required environmental, historical, or other review of the project. The Secretary may deobligate funds under this section for a project if any such review will not be completed within a reasonable period of time.”
Sec. 6109 Elimination of requirement to give priority to certain applicants
Section 601(c)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)(2)) is amended—
removed
by adding “and” at the end of subparagraph (B);
renumbered
was (4)
by striking “; and” at the end of subparagraph (C) and inserting a period; and
renumbered
was (5)
by striking subparagraph (D).
Sec. 6114 Middle mile broadband infrastructure
added Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
removed
In general— The amendments made by this subtitle shall not take effect until the Secretary of Agriculture has issued final regulations to implement the amendments.
changed
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 in subsection (a), by sections 6101 and 6102.inserting “or middle mile infrastructure” before “in rural areas”;
added
in subsection (b), by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and inserting after paragraph (1) the following:
added “(2) Middle mile infrastructure—The term middle mile infrastructure means any broadband infrastructure that does not connect directly to end user locations (including anchor institutions) and may include interoffice transport, backhaul, Internet connectivity, data centers, or special access transport to rural areas.”
added
in subsection (c)—
added
in paragraph (1), by inserting “and to construct, improve, or acquire middle mile infrastructure” before “in rural areas”;
added
in paragraph (2)(B), by inserting “, or in the case of middle mile infrastructure, offer the future ability to link,” before “the greatest proportion”; and
added
by adding at the end the following:
added “(3) Limitation on middle mile infrastructure projects—The Secretary shall limit loans or loan guarantees for middle mile infrastructure projects to no more than 20 percent of the amounts made available to carry out this section.”
added
in subsection (d)—
added
in paragraph (1)(A)—
added
in clause (i) (as amended by section 6101(1) of this Act), by inserting “or extend middle mile infrastructure” before “in all”; and
added
in clause (iii), by inserting “or middle mile infrastructure” before “described”;
added
in paragraph (2)—
added
in subparagraph (B), by inserting “or install middle mile infrastructure” before “in the proposed”;
added
in subparagraph (C), by striking clause (ii) and inserting the following:
added “(ii) Exception—Clause (i) shall not apply with respect to a project if the project is eligible for funding under another title of this Act.”
added
by adding at the end the following:
added “(D) Exception for middle mile infrastructure—Portions of a middle mile infrastructure project that ultimately meet the rural service requirements of this section may traverse an area not described in subsection (b)(4) when necessary.”
added
in paragraph (4), by inserting “, or construct, improve, or acquire middle mile infrastructure in,” before “a rural area”;
added
in paragraph (5)(A)(v), by inserting “or, in the case of middle mile infrastructure, connect” before the semicolon; and
added
in paragraph (8)(A)(ii)—
added
in subclause (I), by inserting “or may” before “receive”;
added
in subclause (II), by inserting “or capability of middle mile infrastructure” before the semicolon; and
added
in subclause (III), by inserting “, if applicable” before the semicolon;
added
in subsection (i)—
added
in the subsection heading, by inserting “or middle mile infrastructure” after “service”; and
added
by inserting “or middle mile infrastructure” before “in rural areas”; and
added
in subsection (j)(6), by inserting “or middle mile infrastructure” after “service” the 1st and 3rd places it appears.
Sec. 6115 Outdated broadband systems
addedadded Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following:
added “605. Outdated broadband systems
added “Beginning October 1, 2020, the Secretary shall consider any portion of a service territory subject to an outstanding grant agreement between the Secretary and a broadband provider in which broadband service is not provided at at least 10 megabits per second download and at least 1 megabit per second upload as unserved for the purposes of all broadband loan programs under this Act, unless the broadband provider has constructed or begun to construct broadband facilities in the service territory that meet the minimum acceptable standard of service established under section 601(e)(1) for the area in which the service territory is located.”
Sec. 6116 Effective date
added
added
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.
added
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).
changed
“(2) Rural utilites—Any 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; 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. 6202 Expanding access to credit for rural communities
Certain programs under the Consolidated Farm and Rural Development Act— Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended—
in subparagraph (B)—
in the heading, by striking “and guaranteed”; and
in the text—
by striking “and guaranteed”; and
by striking “(1), (2), and (24)” and inserting “(1) and (2)”; and
in subparagraph (C)—
by striking “and guaranteed”; and
by striking “(21), and (24)” and inserting “and (21)”.
changed
Rural broadband program— Section 601(b)(3)(A)(ii) Paragraph (4)(A)(ii) of section 601(b) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)(A)(ii)) 950bb(b)), as redesignated by section 6114(2), is amended by inserting “in the case of a direct loan,” before “a city”.
Sec. 6203 Providing for additional fees for guaranteed loans
Certain programs under the Consolidated Farm and Rural Development Act— Section 333 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983) is amended—
by striking “and” at the end of paragraph (5);
by striking the period at the end of paragraph (6) and inserting “; and”; and
by adding at the end the following:
“(7) in the case of an insured or guaranteed loan issued or modified under section 306(a), charge and collect from the recipient of the insured or guaranteed loan fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such insured or guaranteed loans for the fiscal year equals the subsidy cost for the insured or guaranteed loans in the fiscal year.”
changed
Rural broadband program— Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)) 950bb(c)), as amended by section 6114, is further amended by adding at the end the following:
changed
“(3) “(4) Fees—In the case of a loan guarantee issued or modified under this section, the Secretary shall charge and collect from the recipient of the guarantee fees in such amounts as are necessary so that the sum of the total amount of fees so charged in each fiscal year and the total of the amounts appropriated for all such loan guarantees for the fiscal year equals the subsidy cost for the loan guarantees in the fiscal year.”
Sec. 6213 Rural cooperative development grants
added
In general— Section 310B(e)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(13)) is amended by striking “2018” and inserting “2023”.
added
Technical correction— Section 310B(e)(11)(B)(i) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking “(12)” and inserting “(13)”.
removed
Section 310B(e)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)(13)) is amended by striking “2018” and inserting “2023”.
Sec. 6218 Exclusion of prison populations from definition of rural area
Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13) is amended—
in subparagraph (A), by striking “(G)” and inserting “(H)”; and
by adding at the end the following:
changed
“(H) Exclusion of prison populations—Incarcerated prison populations incarcerated on a long-term basis—Populations of individuals incarcerated on a long-term or regional basis shall not be included in determining whether an area is “rural” or a “rural area”.”
Sec. 6223 Delta Regional Authority
changed
Authorization of appropriations—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 “$30,000,000 for each of fiscal years 2008 “2008 through 2018” and inserting “$12,000,000 for each of fiscal years 2019 “2019 through 2023”.
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
Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1) is amended—
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).”
in subsection (b)—
in paragraph (1), by striking “for eligible electrification or telephone purposes consistent with this Act” and inserting “to borrowers described in subsection (a)”; and
in paragraph (3)—
in subparagraph (A), by striking “for electrification or telephone purposes” and inserting “to borrowers under this Act”; and
in subparagraph (C), by striking “for eligible purposes described in subsection (a)” and inserting “to borrowers described in subsection (a)”.
changed
The Secretary shall carry out section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1), 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.
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
changed
Section 12(b)(3)(D) of such 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)”.
Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is amended—
by striking all that precedes “shall maintain” and inserting the following:
“(2) Rural economic development subaccount—The Secretary”
by striking subparagraphs (B) through (E).
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.”
Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1) is amended—
in subsection (c)(4)—
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
changed
in subparagraph (B), by striking “313(b)(2)(A)” “313(b)(2)(B)” and inserting “313(b)(2)”; and
in subsection (e)(2), by striking “ maintained under section 313(b)(2)(A)” and inserting “required to be maintained by sections 313(b)(2) and 313B(f)”.
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.
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—
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.”
by adding at the end the following:
changed
“(k) Wood and Wood-Based Wood-based Products—Notwithstanding any other provision of law, a Federal agency may not place limitations on the procurement of wood and wood-based products that are more limiting than those in this section.”
Sec. 6408 Categorical exclusion for grants and financial assistance made under the Rural Energy for America Program
changed
Section 9009 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) 8107) is repealed.amended by adding at the end the following:
added “(h) Categorical exclusion—The provision of a grant or financial assistance under this section to any electric generating facility, including one fueled with wind, solar, or biomass, that has a rating of 10 average megawatts or less is a category of actions hereby designated as being categorically excluded from any requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).”
Sec. 6409 Rural Energy Self-Sufficiency Initiative
changed
Section 9010(b) 9009 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) 8109) is amended—repealed.
removed
in paragraph (1)(A), by striking “2018” and inserting “2023”; and
removed
in paragraph (2)(A), by striking “2018” and inserting “2023”.
Sec. 6410 Feedstock flexibility
changed
Section 9011(f) 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)) 8110(b)) is amended by striking paragraph (1) and inserting the following new paragraph:amended—
added
in paragraph (1)(A), by striking “2018” and inserting “2023”; and
added
in paragraph (2)(A), by striking “2018” and inserting “2023”.
removed
“(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2023.”
Sec. 6411 Biomass Crop Assistance Program
addedadded Section 9011(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)) is amended by striking paragraph (1) and inserting the following new paragraph:
added “(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2019 through 2023.”
Sec. 6504 Definition of rural area for purposes of the Housing Act of 1949
The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended—
by striking “or 2010 decennial census” and inserting “2010, or 2020 decennial census”;
changed
by striking “December 31, 2010,” and inserting “December 31, 2020” 2020,” ; and
by striking “year 2020” and inserting “year 2030”.
Sec. 6601 Elimination of unfunded programs
Consolidated Farm and Rural Development Act—
Repealers— The following provisions of the Consolidated Farm and Rural Development Act are hereby repealed:
Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
Section 310B(f) (7 U.S.C. 1932(f)).
Section 379 (7 U.S.C. 2008n).
Section 379A (7 U.S.C. 2008o).
Section 379C (7 U.S.C. 2008q).
Section 379D (7 U.S.C. 2008r).
Section 379F (7 U.S.C. 2008t).
changed
Subtitle I (7 U.S.C. 2009dd–2009dd–7).2009dd–2009dd-7).
Conforming amendment— Section 333A(h) of such Act (7 U.S.C. 1983a(h)) is amended by striking “310B(f),”.
Rural Electrification Act of 1936—
In general— The following provisions of the Rural Electrification Act of 1936 are hereby repealed:
Section 314 (7 U.S.C. 940d).
changed
Section 602 (7 U.S.C. 950bb–1).950bb-1).
changed
Conforming amendment— Section Sections 604 and 605 of such Act, as added by section sections 6102 and 6115 of this Act, is are redesignated as section 602, 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
Repeal— Title IV of the Rural Electrification Act of 1936 (7 U.S.C. 941–950b) is repealed.
Conforming amendments—
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”.
Section 204 of such Act (7 U.S.C. 925) is amended by striking “and the Governor of the telephone bank”.
Section 205(a) of such Act (7 U.S.C. 926) is amended—
in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; and
in paragraph (2), by striking “or the Governor of the telephone bank”.
Section 206(a) of such Act (7 U.S.C. 927(a)) is amended—
in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”; and
in paragraph (4), by striking “or 408”.
Section 206(b) of such Act (7 U.S.C. 927(b)) is amended—
in the matter preceding paragraph (1), by striking “and the Governor of the telephone bank”;
in paragraph (1), by striking “, or a Rural Telephone Bank loan,”; and
in paragraph (2), by striking “, the Rural Telephone Bank,”.
Section 207(1) of such Act (7 U.S.C. 928(1)) is amended—
by striking “305,” and inserting “ 305 or”; and
by striking “, or a loan under section 408,”.
Section 301 of such Act (7 U.S.C. 931) is amended—
in paragraph (3), by striking “except for net collection proceeds previously appropriated for the purchase of class A stock in the Rural Telephone Bank,”;
by adding “or” at the end of paragraph (4);
by striking “; and” at the end of paragraph (5) and inserting a period; and
by striking paragraph (6).
Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) is amended—
in clause (i), by striking “and a loan under section 408”; and
in clause (ii), by striking “and under section 408” each place it appears.
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”.
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”.
Section 309 of such Act (7 U.S.C. 739) is amended by striking the last sentence.
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”.
The first section of Public Law 92–12 (7 U.S.C. 921a) is repealed.
changed
The first section 1 of Public Law 92–324 (7 U.S.C. 921b) is repealed.
Section 1414 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 944a) is repealed.
Section 1411 of the Omnibus Budget Reconciliation Act of 1987 (7 U.S.C. 948 notes) is amended by striking subsections (a) and (b).
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,”.
Section 105(d) of the National Consumer Cooperative Bank Act (12 U.S.C. 3015(d)) is amended by striking “the Rural Telephone Bank,”.
Section 9101 of title 31, United States Code, is amended—
in paragraph (2), by striking subparagraph (H) and redesignating subparagraphs (I), (J), and (K) as subparagraphs (H), (I), and (J), respectively; and
in paragraph (3), by striking subparagraph (K) and redesignating subparagraphs (L) through (R) as subparagraphs (K) through (P), respectively.
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
Section 306(a)(19)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting after “nonprofit corporations” the following: “, Indian tribes (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act)”.
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.
Section 309A(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a(b)) is amended by striking “and section 308”.
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).
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”.
changed
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.period at the end.
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).
removed
Section 310E(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(d)(3)) is amended by inserting “and socially disadvantaged farmers or ranchers” after “ranchers” the 2nd place it appears.
removed
The amendment made by this subsection shall take effect as if included in the enactment of section 5004(4)(A)(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246).
removed
removed
Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended in the 2nd sentence by striking “and limited liability companies” and inserting “limited liability companies, and such other legal entities”.
removed
The amendment made by this subsection shall take effect as if included in the enactment of section 5201 of the Agricultural Act of 2014 (Public Law 113–79).
removed
removed
Section 331D(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981d(e)) is amended by inserting after “within 60 days after receipt of the notice required in this section” the following: “or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period”.
removed
The amendment made by this subsection shall take effect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).
removed
removed
Section 333A(f)(1)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking “114” and inserting “339”.
removed
The amendment made by this subsection shall take effect as if included in the enactment of section 14 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).
removed
Section 339(d)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1989(d)(3)) is amended by striking “preferred certified lender” and inserting “Preferred Certified Lender”.
removed
removed
Section 343(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)) is amended by striking “or joint operators” and inserting “joint operator, or owners”.
removed
The amendment made by this subsection shall take effect as of the effective date of section 5303(a)(2) of the Agricultural Act of 2014.
removed
removed
Section 343(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(b)) is amended by striking “307(e)” and inserting “307(d)”.
removed
The amendment made by paragraph (1) shall take effect as if included in the enactment of section 5004 of the Agricultural Act of 2014 (Public Law 113–79).
removed
Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994) is amended by striking the last comma.
removed
renumbered
was (14)(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.
renumbered
was (14)(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).
added
removed
renumbered
was (15)(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.”
renumbered
was (15)(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).
added
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.
added
Section 383G(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-5(c)) is amended—
removed
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.
removed
Section 383G(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb–5(c)) is amended—
renumbered
was (17)(2)
in the subsection heading by striking “Telecommunication Renewable Energy,,” and inserting “Telecommunication, Renewable Energy,”; and
renumbered
was (17)(3)
in the text, by striking “,,” and inserting a comma.
Sec. 6702 Corrections relating to the Rural Electrification Act of 1936
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the 3rd sentence by striking “wildest” and inserting “widest”.
added
removed
Section 408(b)(3)(E) of such Act (7 U.S.C. 948(b)(3)(E)) is amended by striking “(D)(II)” and inserting “(D)(v)(II)”.
removed
renumbered
was (4)(1)
Section 601(d)(8)(A)(ii)(V) of such Act (7 U.S.C. 950bb(d)(8)(A)(ii)(V)) is amended by striking the semicolon and inserting a period.
renumbered
was (4)(2)
The amendment made by paragraph (1) shall take effect as if included in the enactment of section 6104(a)(2)(E) of the Agricultural Act of 2014 (Public Law 113–79).
Sec. 7101 International agriculture research
Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended—
in paragraph (7), by striking “and” at the end;
in paragraph (8), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
changed
“(9) support international scientific collaboration that leverages resources and advances the food and agricultural interests of the United States”States.”
Sec. 7102 Matters related to certain school designations and declarations
Study of food and agricultural sciences—
changed
Amendment— Section 1404(14)(A) 1404(14) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A)) 3103(14)) is amended to read as follows:amended—
added
by amending subparagraph (A) to read as follows:
“(A) In general
“(i) Definition—The terms NLGCA Institution and non-land-grant college of agriculture mean a public college or university offering a baccalaureate or higher degree in the study of agricultural sciences, forestry, or both in any area of study specified in clause (ii).
“(ii) Clarification—For purposes of clause (i), an area of study specified in this clause is any of the following:
“(I) Agriculture.
“(II) Agricultural business and management.
“(III) Agricultural economics.
“(IV) Agricultural mechanization.
“(V) Agricultural production operations.
“(VI) Aquaculture.
“(VII) Agricultural and food products processing.
“(VIII) Agricultural and domestic animal services.
“(IX) Equestrian or equine studies.
“(X) Applied horticulture or horticulture operations.
“(XI) Ornamental horticulture.
“(XII) Greenhouse operations and management.
“(XIII) Turf and turfgrass management.
“(XIV) Plant nursery operations and management.
“(XV) Floriculture or floristry operations and management.
“(XVI) International agriculture.
“(XVII) Agricultural public services.
“(XVIII) Agricultural and extension education services.
“(XIX) Agricultural communication or agricultural journalism.
“(XX) Animal sciences.
“(XXI) Food science.
“(XXII) Plant sciences.
“(XXIII) Soil sciences.
“(XXIV) Forestry.
“(XXV) Forest sciences and biology.
“(XXVI) Natural resources or conservation.
“(XXVII) Natural resources management and policy.
“(XXVIII) Natural resource economics.
“(XXIX) Urban forestry.
“(XXX) Wood science and wood products or pulp or paper technology.
“(XXXI) Range science and management.
“(XXXII) Agricultural engineering.”
added
in subparagraph (C)—
added
in the matter preceding clause (i), by inserting “any institution designated under” after “include”;
added
by striking clause (i); and
added
in clause (ii)—
added
by striking “(ii) any institution designated under—”;
added
by striking subclause (IV);
added
in subclause (II), by adding “or” at the end;
added
in subclause (III), by striking “; or” at the end and inserting a period; and
added
by redesignating subclauses (I), (II), and (III) (as so amended) as clauses (i), (ii), and (iii), respectively, and by moving the margins of such clauses (as so redesignated) two ems to the left.
Designation review—
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a process to review each designated NLGCA Institution (as defined in section 1404(14)(A) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure compliance with such section, as amended by this subsection.
Violation— An NLGCA Institution that the Secretary determines under subparagraph (A) to be not in compliance shall have the designation of such institution revoked.
Termination of certain declarations of intent— Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended—
in paragraph (5)(B), by striking “2018” and inserting “2023”; and
in paragraph (10)(C), by striking “2018” and inserting “2023”.
Sec. 7103 National Agricultural Research, Extension, Education, and Economics Advisory Board
Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended—
in subsection (b)—
in paragraph (1), by striking “25” and inserting “15”; and
by amending paragraph (3) to read as follows:
“(3) Membership categories—The Advisory Board shall consist of members from each of the following categories:
“(A) 3 members representing national farm or producer organizations, which may include members—
“(i) representing farm cooperatives;
“(ii) who are producers actively engaged in the production of a food animal commodity and who are recommended by a coalition of national livestock organizations;
“(iii) who are producers actively engaged in the production of a plant commodity and who are recommended by a coalition of national crop organizations; or
“(iv) who are producers actively engaged in aquaculture and who are recommended by a coalition of national aquacultural organizations.
“(B) 2 members representing academic or research societies, which may include members representing—
“(i) a national food animal science society;
“(ii) a national crop, soil, agronomy, horticulture, plant pathology, or weed science society;
“(iii) a national food science organization;
“(iv) a national human health association; or
“(v) a national nutritional science society.
“(C) 5 members representing agricultural research, extension, and education, which shall include each of the following:
“(i) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.).
“(ii) 1 member representing the land-grant colleges and universities eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.
“(iii) 1 member representing the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).
“(iv) 1 member representing NLGCA Institutions or Hispanic-serving institutions.
“(v) 1 member representing the American Colleges of Veterinary Medicine.
“(D) 5 members representing industry, consumer, or rural interests, including members representing—
changed “(i) entities engaged in transportation of food and agricultural products to domestic and foreign markets;
“(ii) food retailing and marketing interests;
“(iii) food and fiber processors;
changed
“(iv) rural economic development;development interests;
“(v) a national consumer interest group;
“(vi) a national forestry group;
“(vii) a national conservation or natural resource group;
“(viii) a national social science association; or
“(ix) private sector organizations involved in international development.”
in subsection (c)—
in paragraph (1)—
changed
in the matter preceding subparagraph (A), by striking “review and” and inserting “make recommendations, review, and”; andand”;
by striking subparagraph (A) and inserting the following new subparagraph:
“(A) long-term and short-term national policies and priorities consistent with the—
“(i) purposes specified in section 1402 for agricultural research, extension, education, and economics; and
“(ii) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2));”
in subparagraph (B), by striking clause (i) and inserting the following new clause:
“(i) are in accordance with the—
“(I) purposes specified in a provision of a covered law (as defined in subsection (d) of section 1492) under which competitive grants (described in subsection (c) of such section) are awarded; and
“(II) priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2)); and”
in paragraph (2), by inserting “and make recommendations to the Secretary based on such evaluation” after “priorities”; and
in paragraph (4), by inserting “and make recommendations on” after “review”; and
in subsection (h), by striking “2018” and inserting “2023”.
Sec. 7113 Scholarships for students at 1890 institutions
Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1445 (7 U.S.C. 3222) the following new section:
“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;
changed
“(B) will be so 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. 7117 Land-grant designation
Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by adding at the end the following 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.).
changed
“(d) Exception—Nothing in this section shall limit 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.”program. ”
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—
in subsection (d)—
in paragraph (8)—
in the heading, by striking “Alfalfa and forage” and inserting “Alfalfa seed and alfalfa forage systems”;
by striking “alfalfa and forage” and inserting “alfalfa seed and alfalfa forage systems”; and
by striking “alfalfa and other forages, and” and inserting “alfalfa seed and other alfalfa forage”; and
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.
changed
“(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.”conditions.
added “(16) 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).”
in subsection (e)(5), by striking “2018” and inserting “2023”;
in subsection (f)(5), by striking “2018” and inserting “2023”;
in subsection (g), by striking “2018” each place it appears and inserting “2023”; and
in subsection (h), by striking “2018” and inserting “2023”.
Sec. 7300 Ending limitation on funding under national food safety training, education, extension, outreach, and technical assistance program
addedadded Section 405(e)(3) of the Agricultural Research, Extension, And Education Reform Act of 1998 (7 U.S.C. 7625(e)(3)) is amended to read as follows:
added “(3) Term of grant—A grant under this section shall have a term that is not more than 3 years.”
Sec. 7507 Beginning farmer and rancher development program
Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended—
by striking subsection (b) and redesignating subsection (c) as subsection (b);
in subsection (b), as so redesignated—
in the heading, by striking “Grants” and inserting “Programs”;
by amending paragraph (1) to read as follows:
“(1) In general—The Secretary shall establish a beginning farmer and rancher development program to provide training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers.”
by inserting “or cooperative agreements” after “grants” each place it appears;
by inserting “or cooperative agreement” after “grant” each place it appears;
by striking “subsection” each place it appears and inserting “section”;
by amending paragraph (4) to read as follows:
“(4) Matching requirement
“(A) In general—Except as provided in subparagraph (B), to be eligible to receive a grant under this subsection, a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the funds provided by the grant.
“(B) Exception—The Secretary may waive or reduce the matching requirement in subparagraph (A) if the Secretary determines such a waiver or modification is necessary to effectively reach an underserved area or population.”
by striking paragraph (8), and redesignating paragraphs (9), (10), (11), and (12) as paragraphs (8), (9), (10), and (11), respectively;
by inserting after subsection (b), as so redesignated, the following new subsection:
“(c) Grant requirements
changed
“(1) In general—In carrying out this subsection, section, the Secretary shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives to increase opportunities for beginning farmers or ranchers, including programs and services (as appropriate) relating to—
“(A) basic livestock, forest management, and crop farming practices;
“(B) innovative farm, ranch, and private nonindustrial forest land access, and transfer and succession strategies and programs;
“(C) entrepreneurship and business training;
“(D) financial and risk management training (including the acquisition and management of agricultural credit);
“(E) natural resource management and planning;
“(F) diversification and marketing strategies;
“(G) curriculum development;
“(H) mentoring, apprenticeships, and internships;
“(I) resources and referral;
“(J) farm financial benchmarking;
“(K) technical assistance to help beginning farmers or ranchers acquire land from retiring farmers and ranchers;
“(L) agricultural rehabilitation and vocational training for veterans;
“(M) food safety (including good agricultural practices training);
“(N) farm safety and awareness; and
“(O) other similar subject areas of use to beginning farmers or ranchers.
“(2) Set-aside
“(A) In general—Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of—
“(i) limited resource beginning farmers or ranchers (as defined by the Secretary);
“(ii) socially disadvantaged farmers or ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))) who are beginning farmers and ranchers; and
“(iii) farmworkers desiring to become farmers or ranchers.
“(B) Veteran farmers and ranchers—Not less than 5 percent of the funds used to carry out this subsection for a fiscal year shall be used to support programs and services that address the needs of veteran farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).”
in subsection (d)—
in paragraph (1)—
by striking “and conduct” and inserting “, conduct”; and
by striking the period at the end and inserting “, or provide training and technical assistance initiatives for beginning farmers or ranchers or for trainers and service providers that work with beginning farmers or ranchers.”; and
in paragraph (2)—
by inserting “, educational programs and workshops, or training and technical assistance initiatives” after “curricula”; and
by striking “modules” and inserting “content”;
in subsection (g)—
by inserting “(including retiring farmers and nonfarming landowners)” before “from participating in programs”; and
by striking “educating” and inserting “increasing opportunities for”; and
in subsection (h)—
in paragraph (1)—
in the heading, by striking “for fiscal years 2009 through 2018”; and
in subparagraph (C), by striking “2018” and inserting “2023”;
in paragraph (2)—
in the paragraph heading, by striking “for fiscal years 2014 through 2018”; and
by striking “2018” and inserting “2023”; and
by striking paragraph (3).
Sec. 7601 Enhanced use lease authority program
changed
Transition to permanent program— Section 308(a) 308 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended—
changed
in the section heading, by striking “pilot”; and
changed
in subsection (a), by striking “pilot”.
changed
No onsite sales— Section 308(b)(1)(C) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 is amended by inserting “onsite” before “public”.
changed
Termination of authority extended— Section 308(b)(6) 308(b)(6)(A) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended by striking “on the date that is 10 years after the date of enactment of this section” and inserting “on June 18, 2023”.
changed
Reports— Section 308(d)(2) of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended by striking “Not later than 6, 8, and 10 years after the date of enactment of this section” and inserting “Not later than June 18, 2019, June 18, 2021, and June 18, 2023”.
Sec. 7602 Functions and Duties of the Under Secretary
Subparagraph (B) of section 251(d)(2) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(d)(2)) is amended to read as follows:
“(B) ensure that agricultural research, education, extension, economics, and statistical programs—
“(i) are effectively coordinated and integrated—
“(I) across disciplines, agencies, and institutions; and
“(II) among applicable participants, grantees, and beneficiaries; and
changed
“(ii) address the priority areas of the Agriculture and Food Research Initiative specified in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2)).”3157(b)(2));”
Sec. 7604 Farmland tenure, transition, and entry data initiative
changed
In general— The Secretary shall collect and report data and analysis on farmland ownership, tenure, transition, and entry of beginning farmers.farmers or ranchers.
Requirements— In carrying out subsection (a), the Secretary shall—
changed
collect and distribute comprehensive annual reporting of trends in farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers; farmers or ranchers; and
develop surveys and report statistical and economic analysis on farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers.
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.
Conforming amendment regarding confidentiality of information— Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended—
in paragraph (11), by striking “or” at the end;
in paragraph (12), by striking the period at the end and inserting “; or”; and
by adding at the end the following new paragraph:
changed
“(13) section 7605 7604 of the Agriculture and Nutrition Act of 2018.”
Sec. 7606 Simplified plan of work
Smith-Lever Act— The Smith-Lever Act is amended—
in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking subparagraph (D); and
in section 4 (7 U.S.C. 344)—
in subsection (c), by striking paragraphs (1) through (5) and inserting the following new paragraphs:
“(1) A summary of planned projects or programs in the State using formula funds.
“(2) A description of the manner in which the State will meet the requirements of section 3(h).
“(3) A description of the manner in which the State will meet the requirements of section 3(i)(2) of the Hatch Act of 1887.
“(4) A description of matching funds provided by the State with respect to the previous fiscal year.”
by adding at the end the following new subsection:
“(f) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to subsection (c) shall not be subject to audit to determine the sufficiency of such procedures.”
Hatch Act— The Hatch Act of 1887 is amended—
in section 3 (7 U.S.C. 361c)—
by amending subsection (h) to read as follows:
“(h) Peer Review—Research carried out under subsection (c)(3) shall be subject to scientific peer review. The review of a project conducted under this subsection shall be considered to satisfy the merit review requirements of section 103(e) of the Agricultural Research, Extension, and Education Reform Act of 1998.”
in subsection (i)(2), by striking subparagraph (D); and
in section 7 (7 U.S.C. 361g)—
in subsection (e), by striking paragraphs (1) through (4) and inserting the following new paragraphs:
“(1) A summary of planned projects or programs in the State using formula funds.
“(2) A description of the manner in which the State will meet the requirements of subsections (c)(3) and (i)(2) of section 3.
“(3) A description of matching funds provided by the State with respect to the previous fiscal year.”
changed
by adding at the end the following new subsection:
“(h) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to subsection (e) shall not be subject to audit to determine the sufficiency of such procedures.”
Extension and research at 1890 institutions—
Extension— Section 1444(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(d)) is amended—
in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:
“(A) A summary of planned projects or programs in the State using formula funds.
“(B) A description of matching funds provided by the State with respect to the previous fiscal year.”
by adding at the end the following new paragraph:
“(6) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures.”
Research— Section 1445(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(c)) is amended—
in paragraph (3), by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:
“(A) A summary of planned projects or programs in the State using formula funds.
“(B) A description of matching funds provided by the State with respect to the previous fiscal year.”
by adding at the end the following new paragraph:
“(6) Relationship to audits—Notwithstanding any other provision of law, the procedures established pursuant to paragraph (3) shall not be subject to audit to determine the sufficiency of such procedures.”
Sec. 7608 Public education on biotechnology in food and agriculture sectors
added
added
In general— The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of Education, and such other persons and organizations as the Secretary determines to be appropriate, shall develop and carry out a national science-based education campaign to increase public awareness regarding the use of technology in food and agriculture production, including—
added
the science of biotechnology as applied to the development of products in the food and agricultural sectors, including information about which products of biotechnology in the food and agricultural sectors have been approved for use in the United States;
added
the Federal science-based regulatory review process for products made using biotechnology in the food and agricultural sectors conducted under the Coordinated Framework for Regulation of Biotechnology published by the Office of Science and Technology Policy in the Federal Register on June 26, 1986 (51 Fed. Reg. 23302), including the studies performed and analyses conducted to ensure that such products are as safe to produce and as safe to eat as products that are not produced using biotechnology;
added
developments in the science of plant and animal breeding over time and the impacts of such developments on farmers, consumers, the environment, and the rural economy; and
added
the effects of the use of biotechnology on food security, nutrition, and the environment.
added
Consumer friendly informational website— The Secretary, in consultation with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Office of Science and Technology Policy, and such other persons and organizations as the Secretary determines to be appropriate, shall develop, establish, and update as necessary, a single Federal government-sponsored public Internet website through which the public may obtain, in an easy to understand and user-friendly format, information about biotechnology used in the food and agricultural sectors, including—
added
scientific findings and other data on biotechnology used in the food and agricultural sectors;
added
Federal agencies’ decisions regarding specific products made using biotechnology in the food and agricultural sectors;
added
a list of frequently asked questions pertaining to the use of biotechnology in the food and agricultural sectors;
added
an easy-to-understand description of the role of Federal agencies in overseeing the use of biotechnology in the food and agricultural sectors;
added
information about novel, emerging technologies within the broader field of biotechnology; and
added
a glossary of terms with respect to biotechnology used in the food and agricultural sectors.
added
Social media resources— The Secretary may, as appropriate, utilize publicly-available social media platforms to supplement the campaign established under subsection (a), and as an extension of the website established under subsection (b).
Sec. 8107 Healthy Forests Restoration Act of 2003 amendments
Healthy forests reserve program—
Additional purpose of program— Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—
by striking “and” at the end of paragraph (2);
by redesignating paragraph (3) as paragraph (4); and
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”
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.”
Other enrollment considerations— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended—
by striking “and” at the end of paragraph (1);
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph:
“(2) conserve forest lands that provide habitat for species described in subsection (b)(1); and”
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).
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).”
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.”
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.”
Funding— Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
in the subsection heading, by striking “Fiscal Years 2014 through 2018” and inserting “Authorization of appropriations”; and
by striking “2018” and inserting “2023”.
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”.
Insect and disease infestation—
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.”
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,”.
Administrative review—
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)”.
changed
Project size and location— Section 603(c) 603(c)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) 6591b(c)(1)) is amended—amended by striking “3000” and inserting “6,000”.
removed
in paragraph (1), by striking “3000” and inserting “6,000”;
removed
by striking paragraph (2); and
removed
by redesignating paragraph (3) as paragraph (2).
Sec. 8108 National Forest Foundation Act authorities
changed
Extension of authority To to provide matching funds for administrative and project expenses— Section 405(b) of the National Forest Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking “2018” and inserting “2023”.
Authorization of appropriations— Section 410(b) of the National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended by striking “2018” and inserting “2023”.
Sec. 8319 Categorical exclusion for administrative sites
Categorical exclusion established— Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Forest management activities designated for categorical exclusion— The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is to construct, reconstruct, maintain, decommission, relocate, or dispose of an administrative site.
Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection (a) in accordance with this section.
Limitations—
Permanent roads— A project covered by the categorical exclusion established by subsection (a) may include—
the construction of permanent roads not to exceed 3 miles; and
the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts.
Temporary roads— Any temporary road constructed for a project covered by the categorical exclusion established by subsection (a) shall be decommissioned not later than 3 years after the date on which the project is completed.
changed
Pesticides— Pesticides may only be used to carry out a project covered by the categorical exclusion established by subsection (a) as authorized by applicable Federal and State law and as applied in accordance with label instructions."instructions.
Definition of administrative site— In this section, the term administrative site has the meaning given the term in section 502(1) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note).
Sec. 8401 Protection of Tribal forest assets through use of stewardship end result contracting and other authorities
changed
Prompt consideration of tribal Tribal requests— Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended—
in paragraph (1), by striking “Not later than 120 days after the date on which an Indian tribe submits to the Secretary” and inserting “In response to the submission by an Indian Tribe of ”; and
by adding at the end the following new paragraph:
“(4) Time periods for consideration
“(A) Initial response—Not later than 120 days after the date on which the Secretary receives a Tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian Tribe regarding—
“(i) whether the request may meet the selection criteria described in subsection (c); and
“(ii) the likelihood of the Secretary entering into an agreement or contract with the Indian Tribe under paragraph (2) for activities described in paragraph (3).
“(B) Notice of denial—Notice under subsection (d) of the denial of a Tribal request under paragraph (1) shall be provided not later than 1 year after the date on which the Secretary received the request.
“(C) Completion—Not later than 2 years after the date on which the Secretary receives a Tribal request under paragraph (1), other than a Tribal request denied under subsection (d), the Secretary shall—
“(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and
“(ii) enter into the agreement or contract with the Indian Tribe under paragraph (2).”
Conforming and technical amendments— Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended—
in subsections (b)(1) and (f)(1), by striking “section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))” and inserting “section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)”; and
in subsection (d), by striking “subsection (b)(1), the Secretary may” and inserting “paragraphs (1) and (4)(B) of subsection (b), the Secretary shall”.
Sec. 8402 Tribal forest management demonstration project
changed
Section 305 The Secretary of the National Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Resources Management Protection Act of 2004 (25 U.S.C. 3104) is amended by adding at the end 3115a et seq.) through contracts entered into under the following new subsection:Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
removed
“(c) Inclusion of certain national forest system land and public land
removed
“(1) Authority—At the request of an Indian Tribe, the Secretary concerned may agree to treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian Tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be Tribal homelands.
removed
“(2) Requirements—As part of the agreement to treat Federal forest land as Indian forest land under paragraph (1), the Secretary concerned and the Indian Tribe making the request shall—
removed
“(A) provide for continued public access applicable to the Federal forest land prior to the agreement, except that the Secretary concerned may limit or prohibit such access as needed;
removed
“(B) continue sharing revenue generated by the Federal forest land with State and local governments either—
removed
“(i) on the terms applicable to the Federal forest land prior to the agreement, including, where applicable, 25-percent payments or 50-percent payments; or
removed
“(ii) at the option of the Indian Tribe, on terms agreed upon by the Indian Tribe, the Secretary concerned, and State and county governments participating in a revenue-sharing agreement for the Federal forest land;
removed
“(C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land;
removed
“(D) recognize all right-of-way agreements in place on Federal forest land prior to commencement of Tribal management activities;
removed
“(E) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis; and
removed
“(F) cooperate with the appropriate State fish and wildlife agency to achieve mutual agreement on the management of fish and wildlife.
removed
“(3) Limitation—Treating Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (1) shall not be construed to designate the Federal forest land as Indian forest lands for any other purpose.
removed
“(4) Definitions—In this subsection:
removed
“(A) Federal forest land—The term Federal forest land means—
removed
“(i) National Forest System lands; and
removed
“(ii) public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))), including Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and Oregon and California Railroad Grant lands.
removed
“(B) Secretary concerned—The term Secretary concerned means—
removed
“(i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and
removed
“(ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii).”
Sec. 8403 Tribal forest management demonstration project
removed
removed
The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
Sec. 8505 Technical corrections
Wildfire Suppression Funding and Forest Management Activities Act—
In general— The Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141) is amended—
in section 102(a)(2), by striking “the date of enactment” and inserting “the date of the enactment”; and
changed
in section 401(a)(1), by inserting “of 2000” after “Self-Determination”.“Self-Determination Act”.
Effective date— The amendments made by paragraph (1) shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141).
Agricultural Act of 2014— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
in paragraph (3)(B)(i)(II), by striking “Good Neighbor Authority Improvement Act” and inserting “Wildfire Suppression Funding and Forest Management Activities Act”; and
in paragraph (7), as redesignated by section 8331, by striking “Good Neighbor Authority Improvement Act” and inserting “Wildfire Suppression Funding and Forest Management Activities Act”.
Sec. 9005 Amendments to the Plant Variety Protection Act
Asexually reproduced defined— Section 41(a) of the Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended—
by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10), respectively; and
by inserting before paragraph (2), as so redesignated, the following new paragraph:
“(1) Asexually reproduced—The term asexually reproduced means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division.”
changed
Right To to plant variety protection; plant varieties protectable— Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is amended by striking “or tuber propagated” and inserting “, tuber propagated, or asexually reproduced”.
Infringement of plant variety protection— Section 111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by inserting “or asexually” after “sexually”.
changed
False marketing; cease and desist orders— Section 128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended amended, in the matter preceding paragraph (1), by inserting “or asexually” after “sexually”.
Sec. 9006 Organic programs
Additional accreditation authority— Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended—
by redesignating subsection (c) as subsection (d); and
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
changed “(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.”
changed
National List list of approved and prohibited substances for organic farming or handling operations— Section 2118(d) 2119(n) of the Organic Foods Production Act of 1990 (7 U.S.C. 6517(d)) 6518(n)) is amended by adding at the end the following new paragraph:to read as follows:
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“(7) Expedited petitions for national list substances related to food safety—The Secretary shall develop—“(n) Petitions
changed
“(A) expedited “(1) In general—The Board shall establish procedures under which persons may petition the Board for petitions seeking to add crop protection and post-harvest handling substances, or a class the purpose of such substances, related to food safety evaluating substances for placement inclusion on the National List; andList.
changed
“(B) emergency “(2) Expedited review—The Secretary shall develop procedures for designating substances described under which the review of a petition referred to in subparagraph (A) for placement paragraph (1) may be expedited if the petition seeks to include on the National List in the event of a threat postharvest handling substance that is related to crop or human food safety that cannot be addressed with listed substances for or a period not to exceed 12 months.”class of such substances.
added “(3) Rule of construction—Nothing in paragraph (2) shall be construed as providing that section 2118(d) does not apply with respect to the inclusion of a substance on the National List pursuant to such paragraph.”
changed
Certain employees eligible To 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—
in paragraph (1), by inserting “, or employees of such individuals” after “operation”;
in paragraph (2), by inserting “, or employees of such individuals” after “operation”; and
in paragraph (3), by inserting “, or an employee of such individual” after “products”.
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—
in paragraph (2), by striking “; and” at the end and inserting a semicolon;
in paragraph (3)—
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
by striking the period at the end and inserting “; and”; and
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 the National List.”
Recordkeeping, investigation, and enforcement—
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—
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“(A) the Automated Commercial Environment system of the 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.”
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).
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.”
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.”
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.”
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—
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.”
in paragraph (3)—
by striking “paragraphs (1) and (2)” and inserting “paragraph (1)”; and
by striking “2018” and inserting “2023”; and
by redesignating paragraph (3), as so amended, as paragraph (2).
Sec. 9101 Recognition and role of State lead agencies
State Lead Agency Defined— Section 2(aa) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(aa)) is amended—
changed
by striking “(aa)State.—The “(aa) State.—The term” and inserting the following:
“(aa) State; State lead agency
“(1) State—The term”
by adding at the end the following:
“(2) State lead agency—The term State lead agency means a statewide department, agency, board, bureau, or other entity in a State that is authorized to regulate, in a manner consistent with section 24(a), the sale or use of any federally registered pesticide or device in such State.”
Uniform regulation of pesticides—
Cooperation with and role of state lead agency— Section 22(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136t(b)) is amended by inserting before the period at the end the following: “promulgated by the Administrator or, when authorized pursuant to a cooperative agreement entered into under section 23(a)(1), by a State lead agency for a State”.
changed
Authority to establish and maintain uniform regulations— Section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136u(a)(1)) is amended by inserting after “enforcement of this Act,” the following: “to authorize the State or Indian tribe Tribe to establish and maintain uniform regulation of pesticides within the State or for the Indian tribe,”.Tribe,”.
Condition on more restrictive regulation— Section 24(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v(a)) is amended by striking “A State may” and inserting “A State, but not a political subdivision of a State, may”.
Role of state lead agencies in promulgation of regulations— Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(a)(2)) is amended—
in subparagraph (A)—
in the first sentence, by inserting “and each State lead agency” after “Agriculture”;
by striking the second sentence and inserting the following: “If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 30 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the proposed regulation) all such comments and the response of the Administrator to the comments.”; and
in the third sentence, by inserting “or any State lead agency” after “Secretary”;
in subparagraph (B)—
in the first sentence, by inserting “and each State lead agency” after “Agriculture”;
by striking the second sentence and inserting the following: “If the Secretary or any State lead agency comments in writing to the Administrator regarding any such regulation within 15 days after receiving the copy of the regulation, the Administrator shall publish in the Federal Register (with the final regulation) the comments of the Secretary or State lead agency, if requested by the Secretary or State lead agency, and the response of the Administrator to the comments.”; and
in the third sentence, by inserting “or any State lead agency” after “Secretary”; and
in subparagraph (C), by inserting before the period at the end the following: “, in consultation with the State lead agencies”.
Sec. 9111 Registration of pesticides
Approval of registration— Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended—
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;
by striking “registration.—The Administrator” and inserting the following:
“(A) In general—The Administrator;”
in clause (iii), as so redesignated, by striking “; and” at the end and inserting a semicolon;
in clause (iv), as so redesignated, by striking the period at the end and inserting “; and”;
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.”;
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.”
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.
changed
“(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 , 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.”
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—
in subparagraph (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
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
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”.
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. 9114 Unlawful acts
Section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j) is amended by adding at the end the following new subsection:
“(c) Lawful use of pesticide resulting in incidental taking of certain species—If the Administrator determines, with respect to a pesticide that is registered under this Act, that the pesticide meets the criteria specified in section 3(c)(5)(A)(v), any taking of a federally listed threatened or endangered species that is incidental to an otherwise lawful use of such pesticide pursuant to this Act shall not be considered unlawful under—
“(1) section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)); or
changed
“(2) section 9(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)(B)) of such Act.”1538(a)(1)(B)).”
Sec. 9121 Methyl bromide
Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended to read as follows:
“419. Methyl bromide
“(a) Authorization
“(1) In general—Subject to paragraphs (2) and (3), a State, local, or Tribal authority may authorize the use of methyl bromide for a qualified use if the authority determines the use is required to respond to an emergency event. The Secretary may authorize such a use if the Secretary determines such a use is required to respond to an emergency event.
changed
“(2) Notification—Not later than 5 days after the date on which a State, local, or tribal Tribal authority makes the determination described in paragraph (1), the State, local, or Tribal authority intending to authorize the use of methyl bromide for a qualified use shall submit to the Secretary a notification that contains the information described in subsection (b).
“(3) Objection—A State, local, or Tribal authority may not authorize the use of methyl bromide under paragraph (1) if the Secretary objects to such use under subsection (c) within the 5-day period specified in such subsection.
changed
“(b) Notification contents—A notification submitted under subsection (a)(2) by a State, local, or tribal Tribal authority shall contain—
changed
“(1) a certification that the State, local, or tribal Tribal authority requires the use of methyl bromide to respond to an emergency event;
“(2) a description of the emergency event and the economic loss that would result from such emergency event;
“(3) the identity and contact information for the responsible individual of the authority; and
“(4) with respect to the qualified use of methyl bromide that is the subject of the notification—
“(A) the specific location in which the methyl bromide is to be used and the total acreage of such location;
“(B) the identity of the pest or pests to be controlled by such use;
“(C) the total volume of methyl bromide to be used; and
“(D) the anticipated date of such use.
“(c) Objection
changed
“(1) In general—The Secretary, not later than 5 days after the receipt of a notification submitted under subsection (a)(2), may object to the authorization of the use of methyl bromide under such subsection by a State, local, or tribal Tribal authority by sending the State, local, or tribal Tribal authority a notification in writing of such objection that—
“(A) states the reasons for such objection; and
“(B) specifies any additional information that the Secretary would require to withdraw the objection.
“(2) Reasons for objection—The Secretary may object to an authorization described in paragraph (1) if the Secretary determines that—
“(A) the notification submitted under subsection (a)(2) does not—
“(i) contain all of the information specified in paragraphs (1) through (4) of subsection (b); or
“(ii) demonstrate the existence of an emergency event; or
“(B) the qualified use specified in the notification does not comply with the limitations specified in subsection (e).
“(3) Withdrawal of objection—The Secretary shall withdraw an objection under this subsection if—
changed
“(A) not later than 14 days after the date on which the Secretary sends the notification under paragraph (1) to the State, local, or tribal Tribal authority involved, the State, local, or tribal Tribal authority submits to the Secretary the additional information specified in such notification; and
“(B) such additional information is submitted to the satisfaction of the Secretary.
changed
“(4) Effect of withdrawal—Upon the issuance of a withdrawal under paragraph (3), the State, local, or tribal Tribal authority involved may authorize the use of methyl bromide for the qualified use specified in the notification submitted under subsection (a)(2).
“(d) Use for emergency events consistent with FIFRA—The production, distribution, sale, shipment, application, or use of a pesticide product containing methyl bromide in accordance with an authorization for a use under subsection (a) shall be deemed an authorized production, distribution, sale, shipment, application, or use of such product under the Federal Insecticide, Fungicide, and Rodenticide Act, regardless of whether the intended use is registered and included in the label approved for the product by the Administrator of the Environmental Protection Agency under such Act.
“(e) Limitations on use
“(1) Limitations on use per emergency event—The amount of methyl bromide that may be used per emergency event at a specific location shall not exceed 20 metric tons.
“(2) Limits on aggregate amount—The aggregate amount of methyl bromide allowed pursuant to this section for use in the United States in a calendar year shall not exceed the total amount authorized by the Parties to the Montreal Protocol pursuant to the Montreal Protocol process for critical uses in the United States in calendar year 2011.
“(f) Ensuring adequate supply of methyl bromide—Notwithstanding any other provision of law, it shall not be unlawful for any person or entity to produce or import methyl bromide, or otherwise supply methyl bromide from inventories (produced or imported pursuant to the Clean Air Act for other purposes) in response to an emergency event in accordance with subsection (a).
“(g) Exclusive authority of the Secretary—Nothing in this section shall be construed to alter or modify the authority of the Secretary to use methyl bromide for quarantine and pre-shipment, without limitation, under the Clean Air Act.
“(h) Definitions
“(1) Emergency event—The term emergency event means a situation—
“(A) that occurs at a location on which a plant or commodity is grown or produced or a facility providing for the storage of, or other services with respect to, a plant or commodity;
“(B) for which the lack of availability of methyl bromide for a particular use would result in significant economic loss to the owner, lessee, or operator of such a location or facility or the owner, grower, or purchaser of such a plant or commodity; and
“(C) that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of methyl bromide to control a pest or disease in such location or facility because there are no technically or economically feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph (B) at the time and location of the event that—
“(i) are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for the intended use or pest to be so controlled; and
“(ii) would adequately control the pest or disease presented at such location or facility.
“(2) Pest—The term pest has the meaning given such term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).
“(3) Qualified use—The term qualified use means, with respect to methyl bromide, a methyl bromide treatment or application in an amount not to exceed the limitations specified in subsection (e) in response to an emergency event.”
Sec. 9201 Report on regulation of plant biostimulants
changed
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit a report to the President and Congress that identifies potential regulatory and legislative reforms to ensure the expeditious and appropriate review, approval, uniform national labeling, and availability of plant biostimulant products to agricultural producers.
Consultation— The Secretary of Agriculture shall prepare the report required by subsection (a) in consultation with the Administrator of the Environmental Protection Agency, the several States, industry stakeholders, and such other stakeholders as the Secretary determines necessary.
Plant biostimulant defined— In this section, the term plant biostimulant means a substance or micro-organism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield.
Sec. 9203 Report on honey and maple syrup
changed
Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report examining the effect of the final rule entitled “Food Labeling: Revision of the Nutrition and Supplement Facts Labels”, published in the Federal Register by the Department of Agriculture on May 27, 2016 (81 Fed. Reg. 33742), and providing (providing for updates to the nutrition facts panel on the labeling of packaged food 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. 10003 Prevention of duplicative coverage
In general— Section 508(c)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(1)) is amended by adding at the end the following new subparagraph:
“(C) Ineligible crops and acres—Crops for which the producer has elected under section 1117 of the Agriculture and Nutrition Act of 2018 to receive agriculture risk coverage and acres that are enrolled in the stacked income protection plan under section 508B shall not be eligible for—
changed
“(i) coverage based on an area yield and loss basis under paragraph (3)(A)(ii);(3)(A)(ii); or
changed
“(ii) supplemental coverage based on a margin basis under paragraph (3)(C); or(4)(C).”
removed
“(iii) supplemental coverage under paragraph (4)(C).”
Conforming amendments— Section 508(c)(4)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(4)(C)) is amended—
by striking clause (iv); and
by redesignating clause (v) as clause (iv).
Sec. 11101 Animal Disease Preparedness and Response
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.
changed
“(8) An Indian tribe 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.
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“(3) Non-Federal contributions—With respect 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—
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“(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 when deciding whether to enter into an 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.
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“(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 the 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.”
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.”
Funding—
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.
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“(2) Additional authorization of appropriations—In addition to the funds made available under subparagraphs (A)(i) and (B)(i) (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.
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“(3) Administrative costs—Of the funds made available under clauses (i) subparagraphs (A)(i), (A)(ii), and (ii) of subparagraph (A) (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 to carry out the National Animal Health Laboratory Network under section 10409A and the National Animal Disease Preparedness and Response Program under section 10409B. Of the funds made available under clause (ii) of subparagraphs (A) (A)(ii) and (B) to carry out the National Animal Disease Preparedness and Response Program under section 10409B and (B) of such paragraph, not more than ten percent may be retained by an eligible entity to pay administrative costs incurred by the eligible entity to carry out any 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—
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“(A) deposited into the Treasury of the Unites United States; and
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“(B) credited to the account for the operation of the National Vaccine Animal Health Vaccine Bank.
“(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.”
Conforming amendments—
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”
Other amendments— Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is further amended—
in subsection (a), by striking “In General” and inserting “General Authorization of Appropriations”; and
in subsection (c), by striking “to carry out this subtitle” and inserting “pursuant to the authorization of appropriations in subsection (a)”.
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. 11104 Report on FSIS guidance and outreach to small meat processors
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Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Agriculture shall submit to the Secretary of Agriculture a report on the effectiveness of existing Food Safety and Inspection Service guidance materials and other tools used by small and very small establishments, as defined by regulations issued by the Food Safety and Inspection Service, as in effect on such date of enactment, including—
an evaluation of the effectiveness of the outreach conducted by the Food Safety and Inspection Service to small and very small establishments;
an evaluation of the effectiveness of the guidance materials and other tools used by the Food Safety and Inspection Service to assist small and very small establishments;
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an evaluation of the responsiveness of the Food Safety and Inspection Service personnel to inquiries and issues from small and very small establishments; and
recommendations on measures the Food Safety and Inspection Service should take to improve regulatory clarity and consistency and ensure all guidance materials and other tools take into account small and very small establishments.
Sec. 11202 Office of Partnerships and Public Engagement
Changing name of office—
In general— Section 226B of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is amended—
in the section heading, by striking “Advocacy and Outreach” and inserting “Partnerships and Public Engagement”;
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”;
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.
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—
in subsection (b)(1)—
in subparagraph (A), by striking “and” at the end;
in subparagraph (B)—
in clause (ii), by striking “and” at the end;
in clause (iii), by striking the period at the end and inserting “; and”; and
by adding at the end the following new clauses:
“(iv) limited resource producers;
“(v) veteran farmers and ranchers; and
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“(vi) tribal Tribal farmers and ranchers; and”
by adding at the end the following new subparagraph:
“(C) to promote youth outreach.”
in subsection (c)—
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in the matter preceding paragraph (1), by inserting “veteran farmers and ranchers, tribal Tribal farmers and ranchers,” after “beginning farmers and or ranchers,”;
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in paragraph (1), by striking “or socially disadvantaged” and inserting “socially disadvantaged, veteran, or tribal”; Tribal”; and
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in paragraph (5), by inserting “veteran farmers or ranchers, tribal Tribal farmers or ranchers,” after “beginning farmers or ranchers,”.
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”.
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. 11304 Textile Trust Fund
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—
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;
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
wool research and promotion.
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Distribution of funds— From amounts in the Textile Trust Fund, the Secretary of Agriculture shall make payments annually, beginning in calendar year 2019, for each of calendar years 2019 through 2023 as follows:
Pima cotton— From amounts specified in subsection (e)(2)(A), the Secretary shall make payments as follows:
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.
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—
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
the production of the yarns described in clause (i) during the previous calendar year for all spinners who qualify under this subparagraph.
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—
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
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.
Wool manufacturers— From amounts specified in subsection (e)(2)(B), the Secretary shall make payments as follows:
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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; 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.
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.
Affidavits—
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—
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;
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
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.
Shirting Manufacturers—
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—
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;
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;
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
that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts.
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.
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.
Increase in payments to wool manufacturers in case of expiration of duty suspensions—
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.
Special rule for certain fabrics of worsted wool—
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”.
Fabrics of worsted wool described— Fabrics of worsted wool described in this paragraph are fabrics of worsted wool—
with average fiber diameters greater than 18.5 micron; and
containing 85 percent or more by weight of wool.
Covered wool products— Subparagraph (A) applies with respect to the following:
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.
Wool fiber, waste, garnetted stock, combed wool, or wool top, the foregoing having average fiber diameters of 18.5 micron or less.
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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 boy’s 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.
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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 boy’s 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.
No appeal of determinations— A determination of the Secretary under this paragraph shall be final and not subject to appeal or protest.
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.
Funding—
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.
Allocation of funds— Of the funds transferred under paragraph (1) for a calendar year—
$8,000,000 shall be available for distribution under subsection (b)(1);
$15,000,000 shall be available for distribution under subsection (b)(2); and
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.
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.
Duration of availability— Amounts transferred to the Textile Trust Fund pursuant to this subsection shall remain available until expended.
Sec. 11602 Authority of Secretary to carry out certain programs under Department of Agriculture Reorganization Act of 1994
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Section 296(b)(8) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(8)) is amended by inserting “section “, section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018, or the Agriculture and Nutrition Act of 2018” before the period at the end.
Sec. 11607 Establishment of Food Loss and Waste Reduction Liaison
Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by section 11204, is further amended by adding at the end the following:
“222. Food Loss and Waste Reduction Liaison
“(a) Establishment—The Secretary shall establish within the Office of the Secretary a Food Loss and Waste Reduction Liaison to coordinate Federal programs to measure and reduce the incidence of food loss and waste in accordance with this section.
“(b) Duties—The Food Loss and Waste Reduction Liaison shall—
“(1) coordinate food loss and waste reduction efforts with other Federal agencies, including the Environmental Protection Agency and the Food and Drug Administration;
“(2) support and promote Federal programs to measure and reduce the incidence of food loss and waste and increase food recovery;
“(3) provide information to, and serve as a resource for, entities engaged in food loss and waste reduction and food recovery concerning the availability of, and eligibility requirements for, participation in Federal programs;
“(4) raise awareness of the liability protections afforded under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791) to persons engaged in food loss and waste reduction and food recovery; and
“(5) make recommendations with respect to expanding food recovery efforts and reducing the incidence of food loss and waste.
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“(c) Cooperative agreements—For purposes of carrying out the duties under subsection (b), the Food Loss and Waste Reduction Liaison may enter into contracts or cooperative agreements with the research centers of the Research, Education, and Economics mission area, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), 1001)), or nonprofit organizations for—
“(1) the development of educational materials;
“(2) the conduct of workshops and courses; or
“(3) the conduct of research on best practices with respect to food loss and waste reduction and food recovery.”
Sec. 11609 Century farms program
addedadded The Secretary shall establish a program under which the Secretary recognizes any farm that—
added
a State department of agriculture or similar statewide agricultural organization recognizes as a Century Farm; or
added
added
is defined as a farm or ranch under section 4284.902 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act);
added
has been in continuous operation for at least 100 years; and
added
has been owned by the same family for at least 100 consecutive years, as verified through deeds, wills, abstracts, tax statements, or other similar legal documents considered appropriate by the Secretary.
Sec. 11610 Report on agricultural innovation
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added
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.
added
Content— The report under subsection (a) shall include plans to implement measures designed to ensure that—
added
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;
added
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—
added
to minimize regulatory burden while assuring protection of public health and welfare; and
added
to ensure that resources of the Department of Agriculture are focused on plants with less familiar characteristics, more complex risk pathways, or both;
added
each agency referred to in subsection (a) recognizes that certain applications of gene editing in plants do not warrant such a premarket review process;
added
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;
added
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;
added
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
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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 dog importation
addedadded 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:
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An estimate of the number of dogs so imported each year.
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The number of dogs so imported for resale.
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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).
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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 Prohibition on slaughter of dogs and cats for human consumption
addedadded The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following new section:
added “30. Prohibition of slaughter of dogs and cats for human consumption
added “(a) Prohibition—No person may—
added “(1) knowingly slaughter a dog or cat for human consumption; or
added “(2) knowingly ship, transport, move, deliver, receive, possess, purchase, sell, or donate—
added “(A) a dog or cat to be slaughtered for human consumption; or
added “(B) dog or cat parts for human consumption.
added “(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.
added “(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.
added “(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. 11701 Prohibition against interference by State and local governments with production or manufacture of items in other States
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added
In general— Consistent with article I, section 8, clause 3 of the Constitution of the United States, the government of a State or locality therein shall not impose a standard or condition on the production or manufacture of any agricultural product sold or offered for sale in interstate commerce if—
added
such production or manufacture occurs in another State; and
added
the standard or condition is in addition to the standards and conditions applicable to such production or manufacture pursuant to—
added
Federal law; and
added
the laws of the State and locality in which such production or manufacture occurs.
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Agricultural product defined— In this section, the term agricultural product has the meaning given such term in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
Sec. 11702 Federal cause of action to challenge State regulation of interstate commerce
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added
Private right of action— A person, including a producer, transporter, distributer, consumer, laborer, trade association, the Federal Government, a State government, or a unit of local government, which is affected by a regulation of a State or unit of local government which regulates any aspect of an agricultural product, including any aspect of the method of production, which is sold in interstate commerce, or any means or instrumentality through which such an agriculture product is sold in interstate commerce, may bring an action in the appropriate court to invalidate such a regulation and seek damages for economic loss resulting from such regulation.
added
Preliminary injunction— Upon a motion of the plaintiff, the court shall issue a preliminary injunction to preclude the State or unit of local government from enforcing the regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that—
added
the State or unit of local government is likely to prevail on the merits at trial; and
added
the injunction would cause irreparable harm to the State or unit of local government.
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Statute of limitations— No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose.