SEC. 10101. Specialty Crops Market News Allocation.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking “ 2018” and inserting “ 2023”.
Title X — Horticulture
TITLE X Horticulture
SEC. 10102. Local Agriculture Market Program.
Purpose.— The purpose of this section is to combine the purposes and coordinate the functions, as in effect on the day before the date of enactment of this Act, of—
the Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005); and
the value-added agricultural product market development grants under section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)).
Local Agriculture Market Program.— Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
“(a) Definitions.—In this section:
“(1) Beginning farmer or rancher.—The term ‘beginning farmer or rancher’ has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
“(2) Direct producer-to-consumer marketing.—The term ‘direct producer-to-consumer marketing’ has the meaning given the term ‘direct marketing from farmers to consumers’ in section 3 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3002).
“(3) Family farm.—The term ‘family farm’ has the meaning given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
“(4) Food council.—The term ‘food council’ means a food policy council or food and farm system network, as determined by the Secretary, that—
“(A) represents—
“(i) multiple organizations involved in the production, processing, and consumption of food; and
“(ii) local, Tribal, or State governments; and
“(B) addresses food and farm-related issues and needs within city, county, State, Tribal region, multicounty region, or other region designated by the food council or food system network.
“(5) Majority-controlled producer-based business venture.—
“(A) In general.—The term ‘majority-controlled producer-based business venture’ means a venture greater than 50 percent of the ownership and control of which is held by—
“(i) 1 or more producers; or
“(ii) 1 or more entities, 100 percent of the ownership and control of which is held by 1 or more producers.
“(B) Entity described.—For purposes of subparagraph (A), the term ‘entity’ means—
“(i) a partnership;
“(ii) a limited liability corporation;
“(iii) a limited liability partnership; and
“(iv) a corporation.
“(6) Mid-tier value chain.—The term ‘mid-tier value chain’ means a local or regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that—
“(A) targets and strengthens the profitability and competitiveness of small and medium-sized farms and ranches that are structured as a family farm; and
“(B) obtains agreement from an eligible agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy.
“(7) Partnership.—The term ‘partnership’ means a partnership entered into under an agreement between—
“(A) 1 or more eligible partners (as defined in subsection (e)(1)); and
“(B) 1 or more eligible entities (as defined in subsection (e)(1)).
“(8) Program.—The term ‘Program’ means the Local Agriculture Market Program established under subsection (b).
“(9) Regional food chain coordination.—The term ‘regional food chain coordination’ means coordination and collaboration along the supply chain to increase connections between producers and markets.
“(10) Secretary.—The term ‘Secretary’ means the Secretary of Agriculture.
“(11) Socially disadvantaged farmer or rancher.—The term ‘socially disadvantaged farmer or rancher’ has the meaning given the term in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)).
“(12) Value-added agricultural product.—The term ‘value-added agricultural product’ means any agricultural commodity or product that—
“(A)
(i) has undergone a change in physical state;
“(ii) was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary;
“(iii) is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product;
“(iv) is a source of farm- or ranch-based renewable energy, including E–85 fuel; or
“(v) is aggregated and marketed as a locally produced agricultural food product; and
“(B) as a result of the change in physical state or the manner in which the agricultural commodity or product was produced, marketed, or segregated—
“(i) the customer base for the agricultural commodity or product is expanded; and
“(ii) a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product.
“(13) Veteran farmer or rancher.—The term ‘veteran farmer or rancher’ has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
“(b) Establishment and Purpose.—The Secretary shall establish a program, to be known as the ‘Local Agriculture Market Program’, that—
“(1) supports the development, coordination, and expansion of—
“(A) direct producer-to-consumer marketing;
“(B) local and regional food markets and enterprises; and
“(C) value-added agricultural products;
“(2) connects and cultivates regional food economies through public-private partnerships;
“(3) supports the development of business plans, feasibility studies, and strategies for value-added agricultural production and local and regional food system infrastructure;
“(4) strengthens capacity and regional food system development through community collaboration and expansion of mid-tier value chains;
“(5) improves income and economic opportunities for producers and food businesses through job creation; and
“(6) simplifies the application processes and the reporting processes for the Program.
“(c) Administration.—In administering the Program, the Secretary shall—
“(1) streamline the Program to better support the activities carried out by the recipient of a grant under the Program;
“(2) connect producers with local food markets and value-added agricultural product opportunities;
“(3) partner with cooperative extension services, as appropriate, to provide Program technical assistance and outreach to Program stakeholders; and
“(4) ensure that the Rural Business-Cooperative Service and Agricultural Marketing Service provide Program technical assistance and outreach to Program stakeholders.
“(d) Grants.—
“(1) In general.—Under the Program, the Secretary may, using funds made available under subsection (i), provide grants for each of fiscal years 2019 through 2023, in accordance with the purposes of the Program described in subsection (b), for the conduct of activities described in paragraph (2).
“(2) Eligible activities.—The recipient of a grant may use a grant provided under paragraph (1)—
“(A) to support and promote—
“(i) domestic direct producer-to-consumer marketing;
“(ii) farmers’ markets;
“(iii) roadside stands;
“(iv) agritourism activities,
“(v) community-supported agriculture programs; or
“(vi) online sales;
“(B) to support local and regional food business enterprises that engage as intermediaries in indirect producer-to-consumer marketing;
“(C) to support the processing, aggregation, distribution, and storage of—
“(i) local and regional food products that are marketed locally or regionally; and
“(ii) value-added agricultural products;
“(D) to encourage the development of value-added agricultural products;
“(E) to assist with business development plans and feasibility studies;
“(F) to develop marketing strategies for producers of local food products and value-added agricultural products in new and existing markets;
“(G) to facilitate regional food chain coordination and mid-tier value chain development;
“(H) to promote new business opportunities and marketing strategies to reduce on-farm food waste;
“(I) to respond to changing technology needs in direct producer-to-consumer marketing; or
“(J) to cover expenses relating to costs incurred in—
“(i) obtaining food safety certification; and
“(ii) making changes and upgrades to practices and equipment to improve food safety.
“(3) Criteria and guidelines.—
“(A) In general.—The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under paragraph (1) as the Secretary determines are appropriate.
“(B) Producer or food business benefits.—
“(i) In general.—Except as provided in clause (ii), an application submitted for a grant under paragraph (1) shall include a description of the direct or indirect producer or food business benefits intended by the applicant to result from the proposed project within a reasonable period of time after the receipt of the grant.
“(ii) Exception.—Clause (i) shall not apply to a planning or feasibility project.
“(4) Amount.—Unless otherwise determined by the Secretary, the amount of a grant under this subsection shall be not more than $500,000.
“(5) Value-added producer grants.—In the case of a grant provided under paragraph (1) to an eligible entity described in subparagraph (B), the following shall apply:
“(A) Administration.—The Secretary shall carry out this subsection through the Administrator of the Rural Business-Cooperative Service, in coordination with the Administrator of the Agricultural Marketing Service.
“(B) Eligible entities.—An entity shall be eligible for a grant under this paragraph if the entity is—
“(i) an independent producer (as determined by the Secretary) of a value-added agricultural product; or
“(ii) an agricultural producer group, farmer or rancher cooperative, or majority-controlled producer-based business venture (as determined by the Secretary).
“(C) Priorities.—The Secretary shall give priority to applications—
“(i) in the case of an application submitted by a producer, that are submitted by, or serve—
“(I) beginning farmers or ranchers;
“(II) socially disadvantaged farmers or ranchers;
“(III) operators of small or medium sized farms or ranches that are structured as family farms; or
“(IV) veteran farmers or ranchers; and
“(ii) in the case of an application submitted by an eligible entity described in subparagraph (B)(ii), that provide the greatest contribution to creating or increasing marketing opportunities for producers described in subclauses (I) through (IV) of clause (i).
“(D) Limitation on use of funds.—
“(i) In general.—Except as provided in clause (ii), an eligible entity described in subparagraph (B) may not use a grant for the purchase or construction of a building, general purpose equipment, or structure.
“(ii) Exception.—An eligible entity described in subparagraph (B) may use not more than $6,500 of the amount of a grant for an eligible activity described in paragraph (2)(J) to purchase or upgrade equipment to improve food safety.
“(E) Matching funds.—An eligible entity described in subparagraph (B) receiving a grant shall contribute an amount of non-Federal funds that is at least equal to the amount of Federal funds received.
“(6) Farmers’ markets and local food promotion program.—In the case of a grant provided under paragraph (1) to an eligible entity described in subparagraph (B), the following shall apply:
“(A) Administration.—The Secretary shall carry out this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service.
“(B) Eligible entities.—An entity shall be eligible to receive a grant under this paragraph if the entity is—
“(i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community-supported agriculture network or association;
“(ii) a local or Tribal government;
“(iii) a nonprofit corporation;
“(iv) a public benefit corporation;
“(v) an economic development corporation;
“(vi) a regional farmers’ market authority;
“(vii) a food council; or
“(viii) such other entity as the Secretary may designate.
“(C) Priorities.—The Secretary shall give priority to applications that—
“(i) benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food; or
“(ii) are used to carry out eligible activities under a partnership agreement under subsection (e) and have not received benefits from the Program in the recent past.
“(D) Limitation on use of funds.—
“(i) In general.—Except as provided in clause (ii), an eligible entity described in subparagraph (B) may not use a grant for the purchase or construction of a building, general purpose equipment, or structure.
“(ii) Exception.—An eligible entity described in subparagraph (B) may use not more than $6,500 of the amount of a grant for an eligible activity described in paragraph (2)(J) to purchase or upgrade equipment to improve food safety.
“(E) Matching funds.—An eligible entity described in subparagraph (B) receiving a grant shall provide matching funds in the form of cash or an in-kind contribution in an amount that is equal to 25 percent of the total amount of the Federal portion of the grant.
“(e) Partnerships.—
“(1) Definitions.—In this subsection:
“(A) Eligible entity.—The term ‘eligible entity’ means—
“(i) a producer;
“(ii) a producer network or association;
“(iii) a farmer or rancher cooperative;
“(iv) a majority-controlled producer-based business venture;
“(v) a food council;
“(vi) a local or Tribal government;
“(vii) a nonprofit corporation;
“(viii) an economic development corporation;
“(ix) a public benefit corporation;
“(x) a community-supported agriculture network or association; and
“(xi) a regional farmers’ market authority.
“(B) Eligible partner.—The term ‘eligible partner’ means—
“(i) a State agency or regional authority;
“(ii) a philanthropic organization;
“(iii) a private corporation;
“(iv) an institution of higher education;
“(v) a commercial, Federal, or Farm Credit System lending institution; and
“(vi) another entity, as determined by the Secretary.
“(2) Grants to support partnerships.—
“(A) In general.—The Secretary, acting through the Administrator of the Agricultural Marketing Service, in accordance with the purposes of the Program described in subsection (b), shall, using funds made available under subsection (i), provide grants for each of fiscal years 2019 through 2023 to support partnerships to plan and develop a local or regional food system.
“(B) Geographical diversity.—To the maximum extent practicable, the Secretary shall ensure geographical diversity in selecting partnerships to receive grants under subparagraph (A).
“(3) Authorities of partnerships.—A partnership receiving a grant under paragraph (2) may—
“(A) determine the scope of the regional food system to be developed, including goals, outreach objectives, and eligible activities to be carried out;
“(B) determine the local, regional, State, multi-State, or other geographic area covered;
“(C) create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the partnership agreement;
“(D) conduct outreach and education to other eligible entities and eligible partners for potential participation in the partnership agreement and eligible activities;
“(E) describe measures to be taken through the partnership agreement to obtain funding for the eligible activities to be carried out under the partnership agreement;
“(F) at the request of a producer or eligible entity desiring to participate in eligible activities under the partnership agreement, act on behalf of the producer or eligible entity in applying for a grant under subsection (d);
“(G) monitor, evaluate, and periodically report to the Secretary on progress made toward achieving the objectives of eligible activities under the partnership agreement; or
“(H) at the conclusion of the partnership agreement, submit to the Secretary a report describing—
“(i) the results and effects of the partnership agreement; and
“(ii) funds provided under paragraph (4).
“(4) Contribution.—A partnership receiving a grant under paragraph (2) shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant.
“(5) Applications.—
“(A) In general.—To be eligible to receive a grant under paragraph (2), a partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications.
“(B) Competitive process.—The Secretary—
“(i) shall conduct a competitive process to select applications submitted under subparagraph (A);
“(ii) may assess and rank applications with similar purposes as a group; and
“(iii) shall make public the criteria to be used in evaluating applications prior to accepting applications.
“(C) Priority to certain applications.—The Secretary may give priority to applications submitted under subparagraph (A) that—
“(i)
(I) leverage significant non-Federal financial and technical resources; and
“(II) coordinate with other local, State, Tribal, or national efforts;
“(ii) cover an area that includes distressed low-income rural or urban communities, including areas with persistent poverty; or
“(iii) have multiple entities and partners in a partnership.
“(D) Producer or food business benefits.—
“(i) In general.—Except as provided in clause (ii), an application submitted under subparagraph (A) shall include a description of the direct or indirect producer or food business benefits intended by the eligible entity to result from the proposed project within a reasonable period of time after the receipt of a grant.
“(ii) Exception.—Clause (i) shall not apply to a planning or feasibility project.
“(6) Technical assistance.—On request of an eligible entity, an eligible partner, or a partnership, the Secretary may provide technical assistance in carrying out a partnership agreement.
“(f) Simplification of Application and Reporting Processes.—
“(1) Applications.—The Secretary shall establish a simplified application form for eligible entities that—
“(A) request less than $50,000 under subsection (d); or
“(B) apply for grants under subsection (d) under a single application through partnership agreements under subsection (e).
“(2) Reporting.—The Secretary shall—
“(A) streamline and simplify the reporting process for eligible entities; and
“(B) obtain from eligible entities and maintain such information as the Secretary determines is necessary to administer and evaluate the Program.
“(g) Interdepartmental Coordination.—In carrying out the Program, to the maximum extent practicable, the Secretary shall ensure coordination among Federal agencies.
“(h) Evaluation.—
“(1) In general.—Using amounts made available under subsection (i)(3)(E), the Secretary shall conduct an evaluation of the Program that—
“(A) measures the economic impact of the Program on new and existing market outcomes;
“(B) measures the effectiveness of the Program in improving and expanding—
“(i) the regional food economy through public and private partnerships;
“(ii) the production of value-added agricultural products;
“(iii) producer-to-consumer marketing, including direct producer-to-consumer marketing;
“(iv) local and regional food systems, including regional food chain coordination and business development;
“(v) new business opportunities and marketing strategies to reduce on-farm food waste;
“(vi) the use of new technologies in producer-to-consumer marketing, including direct producer-to-consumer marketing; and
“(vii) the workforce and capacity of regional food systems; and
“(C) provides a description of—
“(i) each partnership agreement; and
“(ii) each grant provided under subsection (d).
“(2) Report.—Not later than 4 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the evaluation conducted under paragraph (1), including a thorough analysis of the outcomes of the evaluation.
“(i) Funding.—
“(1) Mandatory funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.
“(2) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.
“(3) Allocation of funds.—
“(A) Value-added producer grants.—
“(i) In general.—Subject to clause (ii), of the funds made available to carry out this section for a fiscal year, 35 percent shall be used for grants under subsection (d)(5).
“(ii) Reservation of funds.—
“(I) Majority-controlled producer-based business ventures.—The total amount of grants under subsection (d)(5) provided to majority-controlled producer-based business ventures for a fiscal year shall not exceed 10 percent of the amount allocated under clause (i).
“(II) Beginning, veteran, and socially disadvantaged farmers and ranchers.—Of the funds made available for grants under subsection (d)(5), 10 percent shall be reserved for grants provided to beginning, veteran, and socially disadvantaged farmers or ranchers.
“(III) Mid-tier value chains.—Of the funds made available for grants under subsection (d)(5), 10 percent shall be reserved for grants to develop mid-tier value chains.
“(IV) Food safety assistance.—Of the funds made available for grants under subsection (d)(5), not more than 25 percent shall be reserved for grants for eligible activities described in subsection (d)(2)(J).
“(B) Farmers’ market and local food promotion grants.—Of the funds made available to carry out this section for a fiscal year, 47 percent shall be used for grants under subsection (d)(6).
“(C) Regional partnerships.—Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants to support partnerships under subsection (e).
“(D) Unobligated funds.—Any funds under subparagraph (A), (B), or (C) that are not obligated for the uses described in that subparagraph, as applicable, by September 30 of the fiscal year for which the funds were made available—
“(i) shall be available to the agency carrying out the Program with the unobligated funds to carry out any function of the Program, as determined by the Secretary; and
“(ii) may carry over to the next fiscal year.
“(E) Administrative expenses.—Not greater than 8 percent of amounts made available to provide grants under subsections (d) and (e) for a fiscal year may be used for administrative expenses.”
Conforming Amendments.—
Agricultural marketing resource center pilot project.— Section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a) is amended—
by striking the section heading and inserting “ agricultural marketing resource center pilot project.”;
by striking subsections (a), (b), (d), and (e);
in subsection (c)—
by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively, and indenting appropriately; and
by striking the subsection designation and heading;
in subsection (a) (as so redesignated)—
in the matter preceding subparagraph (A), by striking “ Notwithstanding” and all that follows through “ paragraph (2)” and inserting the following: “ The Secretary shall not use more than 2.5 percent of the funds made available to carry out the Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946 to establish a pilot project (to be known as the ‘Agricultural Marketing Resource Center’) at an eligible institution described in subsection (b)”; and
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; and
in subsection (b) (as so redesignated)—
by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; and
in paragraph (1) (as so redesignated), by striking “ paragraph (1)(A)” and inserting “ subsection (a)(1)”.
Agriculture innovation center demonstration program.— Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding paragraph (1) by striking “ section 231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106–224))” and inserting “ section 210A(d)(2) of the Agricultural Marketing Act of 1946”.
Local food production and program evaluation.— Section 10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C. 2204h(b)(2)(B)) is amended by striking “ Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005)” and inserting “ Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946”.
Program metrics.— Section 6209(a) of the Agricultural Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking paragraph (1) and inserting the following:
“(1) section 210A of the Agricultural Marketing Act of 1946;”
Farmer-to-consumer direct marketing act of 1976.—
Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended—
by striking “ The Secretary” and inserting the following:
“(a) In General.—The Secretary”
; and
by adding at the end the following:
“(b) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.”
Sections 6, 7, and 8 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 Stat. 1983) are repealed.
SEC. 10103. Organic Production and Market Data Initiatives.
Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended—
in paragraph (1)—
in the paragraph heading, by striking “ through fiscal year 2012”; and
by striking “ $5,000,000, to remain available until expended.” and inserting the following:
“(A) $5,000,000 for each of the periods of fiscal years 2008 through 2012 and 2014 through 2018; and
“(B) $5,000,000 for the period of fiscal years 2019 through 2023.”
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2) (as so redesignated)—
by striking “ paragraphs (1) and (2)” and inserting “ paragraph (1)”; and
by striking “ 2018” and inserting “ 2023”.
SEC. 10104. Organic Certification.
Exclusions From Certification.— Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to limit the type of organic operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and from certification under any other related sections under part 205 of title 7, Code of Federal Regulations.
in paragraph (3)—
by striking “ The term” and inserting the following:
“(A) In general.—The term”
; and
by adding at the end the following:
“(B) Foreign operations.—When used in the context of a certifying agent operating in a foreign country, the term ‘certifying agent’ includes any person (including a private entity)—
“(i) accredited in accordance with section 2115(d); or
“(ii) accredited by a foreign government that acted under an equivalency agreement negotiated between the United States and the foreign government from which the agricultural product is imported.”
by redesignating paragraphs (13) through (21) as paragraphs (14) through (22), respectively; and
by inserting after paragraph (12) the following:
“(13) National organic program import certificate.—The term ‘national organic program import certificate’ means a form developed for purposes of the program under this title—
“(A) to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the requirement under section 2115(c);
“(B) which shall include, at a minimum, information sufficient to indicate, with respect to the agricultural product—
“(i) the origin;
“(ii) the destination;
“(iii) the certifying agent issuing the national organic program import certificate;
“(iv) the harmonized tariff code, if a harmonized tariff code exists for the agricultural product;
“(v) the total weight; and
“(vi) the organic standard to which the agricultural product is certified; and
“(C) that is not more than otherwise required under an equivalency agreement negotiated between the United States and the foreign government.”
Accreditation Program.— Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended by striking subsection (c) and inserting the following:
“(c) Additional Documentation and Verification.—The Secretary, acting through the Deputy Administrator of the national organic program established under this title, has the authority, and shall grant a certifying agent the authority, to require producers and handlers to provide additional documentation or verification before granting a certification under section 2104, in the case of a compliance risk with respect to meeting the national standards for organic production established under section 2105, as determined by the Secretary or the certifying agent.
“(d) Accreditation of Foreign Organic Certification Program.—
“(1) In general.—For an agricultural product being imported into the United States to be represented as organically produced, the Secretary shall require the agricultural product to be accompanied by a complete and valid national organic import certificate, which shall be available as an electronic record.
“(2) Tracking system.—
“(A) In general.—The Secretary shall establish a system to track national organic import certificates.
“(B) Integration.—In establishing the system under subparagraph (A), the Secretary may integrate the system into any existing information tracking systems for imports of agricultural products.
“(e) Duration of Accreditation.—An accreditation made under this section—
“(1) subject to paragraph (2), shall be for a period of not more than 5 years, as determined appropriate by the Secretary;
“(2) in the case of a certifying agent operating in a foreign country, shall be for a period of time that is consistent with the certification of a domestic certifying agent, as determined appropriate by the Secretary; and
“(3) may be renewed.”
Requirements of Certifying Agents.— Section 2116 of the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is amended—
in subsection (i)—
in paragraph (1), by inserting “ or an entity acting as an agent of the certifying agent” after “ a certifying agent”;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) Oversight of certifying offices and foreign operations.—
“(A) In general.—If the Secretary determines that an office of a certifying agent or entity described in paragraph (1) is not complying with the provisions of this title, the Secretary may suspend the operations of the certifying agent or the noncompliant office, including—
“(i) an office operating in a foreign country; and
“(ii) an office operating in the United States, including an office acting on behalf of a foreign-domiciled entity.
“(B) Process for resuming operations following suspension.—The Secretary shall provide for a process that is otherwise consistent with this section that authorizes a suspended office to resume operations.”
; and
by adding at the end the following:
“(j) Notice.—Not later than 90 days after the date on which a new certifying office performing certification activities opens, an accredited certifying agent shall notify the Secretary of the opening.”
Certain Employees Eligible to Serve as National Organic Standards Board Members.— Section 2119(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amended—
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.— Section 2119(i) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended—
by striking “ Two-thirds” and inserting the following:
“(1) In general.—⅔”
; and
by adding at the end the following:
“(2) National list.—Any vote on a motion proposing to amend the national list shall be considered to be a decisive vote that requires ⅔ of the votes cast at a meeting of the Board at which a quorum is present to prevail.”
Investigations.— Section 2120(b) of the Organic Foods Production Act (7 U.S.C. 6519(b)) is amended by adding at the end the following:
“(3) Information sharing during active investigation.—In carrying out this title, all parties to an active investigation (including certifying agents, State organic certification programs, and the national organic program) shall share confidential business information with Federal Government officers and employees involved in the investigation as necessary to fully investigate and enforce potential violations of this title.”
Data Organization and Access.— Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following:
“(c) Access to Data Documentation Systems.—The Secretary shall have access to available data from cross-border documentation systems administered by other Federal agencies, including the Automated Commercial Environment system of U.S. Customs and Border Protection.
“(d) Reports.—
“(1) In general.—Not later than March 1, 2020, and annually thereafter through March 1, 2023, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Agriculture, a report describing national organic program activities with respect to all domestic and overseas investigations and compliance actions taken pursuant to this title during the preceding year.
“(2) Requirements.—The data described in paragraph (1) shall be broken down by agricultural product, quantity, value, and month.
“(3) Exception.—Any data determined by the Secretary to be confidential business information shall not be provided in the report under paragraph (1).”
Organic Agricultural Product Imports Interagency Working Group.— The Organic Foods Production Act of 1990 is amended by inserting after section 2122 (7 U.S.C. 6521) the following:
“SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING GROUP.
“(a) Establishment.—
“(1) In general.—The Secretary and the Secretary of Homeland Security shall jointly establish a working group to facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection relating to imports of organically produced agricultural products (referred to in this section as the ‘working group’).
“(2) Members.—The working group—
“(A) shall include—
“(i) the Secretary (or a designee); and
“(ii) the Secretary of Homeland Security (or a designee); and
“(B) shall not include any non-Federal officer or employee.
“(3) Duties.—The working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of—
“(A) identifying imports of organically produced agricultural products;
“(B) verifying the authenticity of organically produced agricultural product import documentation, such as national organic program import certificates;
“(C) ensuring imported agricultural products represented as organically produced meet the requirements under this title;
“(D) collecting and organizing quantitative data on imports of organically produced agricultural products; and
“(E) requesting feedback from stakeholders on how to improve the oversight of imports of organically produced agricultural products.
“(4) Designated employees and officials.—An employee or official designated to carry out the duties of the Secretary or the Secretary of Homeland Security on the working group under subparagraph (A) or (B) of paragraph (2) shall be an employee or official compensated at a rate of pay not less than the minimum annual rate of basic pay for GS–12 under section 5332 of title 5, United States Code.
“(b) Reports.—On an annual basis, the working group shall submit to Congress and make publicly available on the websites of the Department of Agriculture and U.S. Customs and Border Protection the following reports:
“(1) Organic trade enforcement interagency coordination report.—A report—
“(A) identifying existing barriers to cooperation between the agencies involved in agricultural product import inspection, trade data collection and organization, and organically produced agricultural product trade enforcement, including—
“(i) U.S. Customs and Border Protection;
“(ii) the Agricultural Marketing Service; and
“(iii) the Animal and Plant Health Inspection Service;
“(B) assessing progress toward integrating organic trade enforcement into import inspection procedures of U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service, including an assessment of—
“(i) the status of the development of systems for—
“(I) tracking the fumigation of imports of organically produced agricultural products into the United States; and
“(II) electronically verifying national organic program import certificate authenticity; and
“(ii) training of U.S. Customs and Border Protection personnel on—
“(I) the use of the systems described in clause (i); and
“(II) requirements and protocols under this title;
“(C) establishing methodology for ensuring imports of agricultural products represented as organically produced meet the requirements under this title;
“(D) recommending steps to improve the documentation and traceability of imported organically produced agricultural products;
“(E) recommending and describing steps for—
“(i) improving compliance with the requirements of this title for all agricultural products imported into the United States and represented as organically produced; and
“(ii) ensuring accurate labeling and marketing of imported agricultural products represented as organically produced by the exporter; and
“(F) describing staffing needs and additional resources at U.S. Customs and Border Protection and the Department of Agriculture needed to ensure compliance.
“(2) Report on enforcement actions taken on organic imports.—A report—
“(A) providing detailed quantitative data (broken down by agricultural product, quantity, value, month, and origin) on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry during the report year;
“(B) providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced, including the number and type of actions taken by United States officials at ports of entry in response to violations of this title;
“(C) providing data on fumigation of agricultural products represented as organically produced at ports of entry and notifications of fumigation actions to shipment owners, broken down by product variety and country of origin; and
“(D) providing information on enforcement activities under this title involving overseas investigations and compliance actions taken within that year, including—
“(i) the number of investigations by country; and
“(ii) a descriptive summary of compliance actions taken by certifying agents in each country.”
Authorization of Appropriations for National Organic Program.— Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended—
by striking the section heading and inserting “ funding”;
in subsection (b), by striking paragraphs (1) through (7) and inserting the following:
“(1) $15,000,000 for fiscal year 2018;
“(2) $16,500,000 for fiscal year 2019;
“(3) $18,000,000 for fiscal year 2020;
“(4) $20,000,000 for fiscal year 2021;
“(5) $22,000,000 for fiscal year 2022; and
“(6) $24,000,000 for fiscal year 2023.”
; and
by striking subsection (c) and inserting the following:
“(c) Modernization and Improvement of International Trade Technology Systems and Data Collection.—
“(1) In general.—The Secretary shall establish a new system or modify an existing data collection and organization system to collect and organize in a single system quantitative data on imports of each organically produced agricultural product accepted into the United States.
“(2) Activities.—In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability to the port of entry without unduly hindering trade or commerce, such as through an electronic trade document exchange system.
“(3) Access.—The single system established under paragraph (1) shall be accessible by any agency with the direct authority to engage in—
“(A) inspection of imports of agricultural products;
“(B) trade data collection and organization; or
“(C) enforcement of trade requirements for organically produced agricultural products.
“(4) Funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019 for the purposes of—
“(A) carrying out this subsection; and
“(B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018.
“(5) Availability.—The amounts made available under paragraph (4) are in addition to any other funds made available for the purposes described in that paragraph and shall remain available until expended.”
Trade Savings Provision.— The amendments made by subsection (i) shall be carried out in a manner consistent with United States obligations under international agreements.
SEC. 10105. National Organic Certification Cost-Share Program.
Elimination of Directed Delegation.— Section 10606(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(a)) is amended by striking “ (acting through the Agricultural Marketing Service)”.
Funding.— Section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended by striking subsection (d) and inserting the following:
“(d) Mandatory Funding.—
“(1) In general.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
“(A) $2,000,000 for each of fiscal years 2019 and 2020;
“(B) $4,000,000 for fiscal year 2021; and
“(C) $8,000,000 for each of fiscal years 2022 and 2023.
“(2) Availability.—Amounts made available under paragraph (1) shall remain available until expended.”
SEC. 10106. Food Safety Education Initiatives.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655a(c)) is amended by striking “ 2018” and inserting “ 2023”.
SEC. 10107. Specialty Crop Block Grants.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—
in subsection (a)—
by striking “ 2018” and inserting “ 2023”; and
by striking “ solely to enhance the competitiveness of specialty crops.” and inserting the following:
“(1) by leveraging efforts to market and promote specialty crops;
“(2) by assisting producers with research and development relevant to specialty crops;
“(3) by expanding availability and access to specialty crops;
“(4) by addressing local, regional, and national challenges confronting specialty crop producers; and
“(5) for such other purposes determined to be appropriate by the Secretary of Agriculture, in consultation with specialty crop stakeholders and relevant State departments of agriculture.”
in subsection (j)—
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;
in the matter preceding subparagraph (A) (as so redesignated), by striking “ Not later” and inserting the following:
“(1) In general.—Not later”
; and
by adding at the end the following:
“(2) Administration of multistate projects from nonparticipating states.—The Secretary of Agriculture may directly administer all aspects of multistate projects under this subsection for applicants in a nonparticipating State.”
in subsection (k), by adding at the end the following:
“(3) Evaluation.—
“(A) Performance measures and review.—
“(i) Development.—The Secretary of Agriculture and the State departments of agriculture, in consultation with specialty crop stakeholders, shall develop performance measures to be used as the sole means of performing any evaluation of the grant program established under this section.
“(ii) Review.—The Secretary of Agriculture, in consultation with the State departments of agriculture, shall periodically evaluate the performance of the grant program established under this section.
“(B) Cooperative agreements.—The Secretary of Agriculture may enter into cooperative agreements—
“(i) to develop the performance measures under subparagraph (A)(i); or
“(ii) to evaluate the overall performance of the grant program established under this section.”
; and
in subsection (l)(2)(E), by inserting “ and each fiscal year thereafter” after “ 2018”.
SEC. 10108. 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.”
Right to Plant Variety Protection; Plant Varieties Protectable.— Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is amended by striking “ or tuber propagated” and inserting “ , tuber propagated, or asexually reproduced”.
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”.
False Marketing; Cease and Desist Orders.— Section 128(a) of the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the matter preceding paragraph (1), by inserting “ or asexually” after “ sexually”.
SEC. 10109. Multiple Crop and Pesticide Use Survey.
In General.— The Secretary, acting through the Director of the Office of Pest Management Policy, shall conduct a multiple crop and pesticide use survey of farmers to collect data for risk assessment modeling and mitigation for an active ingredient.
Submission.— The Secretary shall submit to the Administrator of the Environmental Protection Agency and make publicly available the survey described in subsection (a).
Funding.—
Mandatory funding.— Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $500,000 for fiscal year 2019, to remain available until expended.
Authorization of appropriations.— There is authorized to be appropriated to carry out this section $2,500,000, to remain available until expended.
Confidentiality of Information.— Section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended—
in subsection (a)—
by striking “ (a) In the case” and inserting the following:
“(a) In General.—In the case”
; and
in paragraph (3), by striking “ subsection (d)(12)” and inserting “ paragraph (12) or (13) of subsection (d)”; and
in subsection (d)—
by striking “ (d) For purposes” and inserting the following:
“(d) Provisions of Law References.—For purposes”
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:
“(13) section 10109 of the Agriculture Improvement Act of 2018.”
SEC. 10110. Report on the Arrival in the United States of Forest Pests Through Restrictions on the Importation of Certain Plants for Planting.
Not later than March 1, 2021, the Secretary shall submit to Congress a report—
evaluating the effectiveness of the Federal Government in intercepting pests in international shipping and on plants for planting;
describing the geographic sources of intercepted pests and the commodities or plant species most often associated with infested shipments;
quantifying the detection of forest pests in the national surveillance networks, including the Cooperative Agricultural Pest Survey and the Early Detection and Rapid Response network of the Forest Service;
describing new outbreaks of forest pests in the United States and the spread of existing infestations;
describing how the numbers of such interceptions, detections, and outbreaks described in a preceding paragraph have changed since January 1, 2018;
containing proposed additional actions to further reduce the rate of arrival for forest pests across the borders of the United States;
identifying current challenges with intercepting, detecting, and addressing outbreaks of tree and wood pests, as well as challenges in achieving compliance with the Plant Protection Act (7 U.S.C. 7701 et seq.) and recommendations with respect to such challenges; and
describing the coordination and collaboration occurring between the Animal and Plant Health Inspection Service and the Forest Service with respect to—
identifying and prioritizing critical detection, surveillance, and eradication needs for tree and wood pests; and
identifying the actions each agency takes within their respective missions to address identified priorities.
SEC. 10111. Report on Plant Biostimulants.
Report.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the President and Congress that identifies any potential regulatory, non-regulatory, and legislative recommendations, including the appropriateness of any definitions for plant biostimulant, to ensure the efficient and appropriate review, approval, uniform national labeling, and availability of plant biostimulant products to agricultural producers.
Consultation.— The Secretary shall prepare the report required by subsection (a) in consultation with the Administrator of the Environmental Protection Agency, the several States, industry stakeholders, and such other stakeholders as the Secretary determines necessary.
Plant Biostimulant.— For the purposes of the report under subsection (a), the Secretary—
shall consider “plant biostimulant” to be a substance or micro-organism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield; and
may modify the description of plant biostimulant, as appropriate.
SEC. 10112. Clarification of Use of Funds for Technical Assistance.
Section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) is amended in the last sentence by inserting after “ activities” the following: “ but excluding any amounts used to provide technical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title”.
SEC. 10113. Hemp Production.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“Subtitle G— Hemp Production
“SEC. 297A. DEFINITIONS.
“In this subtitle:
“(1) Hemp.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
“(2) Indian tribe.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(3) Secretary.—The term ‘Secretary’ means the Secretary of Agriculture.
“(4) State.—The term ‘State’ means—
“(A) a State;
“(B) the District of Columbia;
“(C) the Commonwealth of Puerto Rico; and
“(D) any other territory or possession of the United States.
“(5) State department of agriculture.—The term ‘State department of agriculture’ means the agency, commission, or department of a State government responsible for agriculture in the State.
“(6) Tribal government.—The term ‘Tribal government’ means the governing body of an Indian tribe.
“SEC. 297B. STATE AND TRIBAL PLANS.
“(a) Submission.—
“(1) In general.—A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2).
“(2) Contents.—A State or Tribal plan referred to in paragraph (1)—
“(A) shall only be required to include—
“(i) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(ii) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(iii) a procedure for the effective disposal of—
“(I) plants, whether growing or not, that are produced in violation of this subtitle; and
“(II) products derived from those plants;
“(iv) a procedure to comply with the enforcement procedures under subsection (e);
“(v) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle;
“(vi) a procedure for submitting the information described in section 297C(d)(2), as applicable, to the Secretary not more than 30 days after the date on which the information is received; and
“(vii) a certification that the State or Indian tribe has the resources and personnel to carry out the practices and procedures described in clauses (i) through (vi); and
“(B) may include any other practice or procedure established by a State or Indian tribe, as applicable, to the extent that the practice or procedure is consistent with this subtitle.
“(3) Relation to state and tribal law.—
“(A) No preemption.—Nothing in this subsection preempts or limits any law of a State or Indian tribe that—
“(i) regulates the production of hemp; and
“(ii) is more stringent than this subtitle.
“(B) References in plans.—A State or Tribal plan referred to in paragraph (1) may include a reference to a law of the State or Indian tribe regulating the production of hemp, to the extent that law is consistent with this subtitle.
“(b) Approval.—
“(1) In general.—Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall—
“(A) approve the State or Tribal plan if the State or Tribal plan complies with subsection (a); or
“(B) disapprove the State or Tribal plan only if the State or Tribal plan does not comply with subsection (a).
“(2) Amended plans.—If the Secretary disapproves a State or Tribal plan under paragraph (1)(B), the State, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a).
“(3) Consultation.—The Secretary shall consult with the Attorney General in carrying out this subsection.
“(c) Audit of State Compliance.—
“(1) In general.—The Secretary may conduct an audit of the compliance of a State or Indian tribe with a State or Tribal plan approved under subsection (b).
“(2) Noncompliance.—If the Secretary determines under an audit conducted under paragraph (1) that a State or Indian tribe is not materially in compliance with a State or Tribal plan—
“(A) the Secretary shall collaborate with the State or Indian tribe to develop a corrective action plan in the case of a first instance of noncompliance; and
“(B) the Secretary may revoke approval of the State or Tribal plan in the case of a second or subsequent instance of noncompliance.
“(d) Technical Assistance.—The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a).
“(e) Violations.—
“(1) In general.—A violation of a State or Tribal plan approved under subsection (b) shall be subject to enforcement solely in accordance with this subsection.
“(2) Negligent violation.—
“(A) In general.—A hemp producer in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b) shall be subject to subparagraph (B) of this paragraph if the State department of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated the State or Tribal plan, including by negligently—
“(i) failing to provide a legal description of land on which the producer produces hemp;
“(ii) failing to obtain a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
“(iii) producing Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.
“(B) Corrective action plan.—A hemp producer described in subparagraph (A) shall comply with a plan established by the State department of agriculture or Tribal government, as applicable, to correct the negligent violation, including—
“(i) a reasonable date by which the hemp producer shall correct the negligent violation; and
“(ii) a requirement that the hemp producer shall periodically report to the State department of agriculture or Tribal government, as applicable, on the compliance of the hemp producer with the State or Tribal plan for a period of not less than the next 2 calendar years.
“(C) Result of negligent violation.—A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any State government, Tribal government, or local government.
“(D) Repeat violations.—A hemp producer that negligently violates a State or Tribal plan under subparagraph (A) 3 times in a 5-year period shall be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.
“(3) Other violations.—
“(A) In general.—If the State department of agriculture or Tribal government in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b), as applicable, determines that a hemp producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence—
“(i) the State department of agriculture or Tribal government, as applicable, shall immediately report the hemp producer to—
“(I) the Attorney General; and
“(II) the chief law enforcement officer of the State or Indian tribe, as applicable; and
“(ii) paragraph (1) of this subsection shall not apply to the violation.
“(B) Felony.—
“(i) In general.—Except as provided in clause (ii), any person convicted of a felony relating to a controlled substance under State or Federal law before, on, or after the date of enactment of this subtitle shall be ineligible, during the 10-year period following the date of the conviction—
“(I) to participate in the program established under this section or section 297C; and
“(II) to produce hemp under any regulations or guidelines issued under section 297D(a).
“(ii) Exception.—Clause (i) shall not apply to any person growing hemp lawfully with a license, registration, or authorization under a pilot program authorized by section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) before the date of enactment of this subtitle.
“(C) False statement.—Any person who materially falsifies any information contained in an application to participate in the program established under this section shall be ineligible to participate in that program.
“(f) Effect.—Nothing in this section prohibits the production of hemp in a State or the territory of an Indian tribe—
“(1) for which a State or Tribal plan is not approved under this section, if the production of hemp is in accordance with section 297C or other Federal laws (including regulations); and
“(2) if the production of hemp is not otherwise prohibited by the State or Indian tribe.
“SEC. 297C. DEPARTMENT OF AGRICULTURE.
“(a) Department of Agriculture Plan.—
“(1) In general.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
“(2) Content.—A plan established by the Secretary under paragraph (1) shall include—
“(A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(C) a procedure for the effective disposal of—
“(i) plants, whether growing or not, that are produced in violation of this subtitle; and
“(ii) products derived from those plants;
“(D) a procedure to comply with the enforcement procedures under subsection (c)(2);
“(E) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of this subtitle; and
“(F) such other practices or procedures as the Secretary considers to be appropriate, to the extent that the practice or procedure is consistent with this subtitle.
“(b) Licensing.—The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
“(c) Violations.—
“(1) In general.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
“(2) Negligent and other violations.—A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 297B(e), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
“(3) Reporting to attorney general.—In the case of a State or Indian tribe covered by paragraph (1), the Secretary shall report the production of hemp without a license issued by the Secretary under subsection (b) to the Attorney General.
“(d) Information Sharing for Law Enforcement.—
“(1) In general.—The Secretary shall—
“(A) collect the information described in paragraph (2); and
“(B) make the information collected under subparagraph (A) accessible in real time to Federal, State, territorial, and local law enforcement.
“(2) Content.—The information collected by the Secretary under paragraph (1) shall include—
“(A) contact information for each hemp producer in a State or the territory of an Indian tribe for which—
“(i) a State or Tribal plan is approved under section 297B(b); or
“(ii) a plan is established by the Secretary under this section;
“(B) a legal description of the land on which hemp is grown by each hemp producer described in subparagraph (A); and
“(C) for each hemp producer described in subparagraph (A)—
“(i) the status of—
“(I) a license or other required authorization from the State department of agriculture or Tribal government, as applicable; or
“(II) a license from the Secretary; and
“(ii) any changes to the status.
“SEC. 297D. REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW.
“(a) Promulgation of Regulations and Guidelines; Report.—
“(1) Regulations and guidelines.—
“(A) In general.—The Secretary shall promulgate regulations and guidelines to implement this subtitle as expeditiously as practicable.
“(B) Consultation with attorney general.—The Secretary shall consult with the Attorney General on the promulgation of regulations and guidelines under subparagraph (A).
“(2) Report.—The Secretary shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing updates on the implementation of this subtitle.
“(b) Authority.—Subject to subsection (c)(3)(B), the Secretary shall have sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp, including Federal regulations and guidelines that relate to the implementation of sections 297B and 297C.
“(c) Effect on Other Law.—Nothing in this subtitle shall affect or modify—
“(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
“(2) section 351 of the Public Health Service Act (42 U.S.C. 262); or
“(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services—
“(A) under—
“(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
“(ii) section 351 of the Public Health Service Act (42 U.S.C. 262); or
“(B) to promulgate Federal regulations and guidelines that relate to the production of hemp under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii).
“SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated such sums as are necessary to carry out this subtitle.”
SEC. 10114. Interstate Commerce.
Rule of Construction.— Nothing in this title or an amendment made by this title prohibits the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (as added by section 10113)) or hemp products.
Transportation of Hemp and Hemp Products.— No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.
SEC. 10115. Fifra Interagency Working Group.
Section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 13a(c)) is amended by adding at the end the following:
“(11) Interagency working group.—
“(A) Definition of covered agency.—In this paragraph, the term ‘covered agency’ means any of the following:
“(i) The Department of Agriculture.
“(ii) The Department of Commerce.
“(iii) The Department of the Interior.
“(iv) The Council on Environmental Quality.
“(v) The Environmental Protection Agency.
“(B) Establishment.—The Administrator shall establish an interagency working group, to be comprised of representatives from each covered agency, to provide recommendations regarding, and to implement a strategy for improving, the consultation process required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) for pesticide registration and registration review.
“(C) Duties.—The interagency working group established under subparagraph (B) shall—
“(i) analyze relevant Federal law (including regulations) and case law for purposes of providing an outline of the legal and regulatory framework for the consultation process referred to in that subparagraph, including—
“(I) requirements under this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
“(II) Federal case law regarding the intersection of this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
“(III) Federal regulations relating to the pesticide consultation process;
“(ii) provide advice regarding methods of—
“(I) defining the scope of actions of the covered agencies that are subject to the consultation requirement referred to in subparagraph (B); and
“(II) properly identifying and classifying effects of actions of the covered agencies with respect to that consultation requirement;
“(iii) identify the obligations and limitations under Federal law of each covered agency for purposes of providing a legal and regulatory framework for developing the recommendations referred to in subparagraph (B);
“(iv) review practices for the consultation referred to in subparagraph (B) to identify problem areas, areas for improvement, and best practices for conducting that consultation among the covered agencies;
“(v) develop scientific and policy approaches to increase the accuracy and timeliness of the process for that consultation, in accordance with requirements of this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including—
“(I) processes to efficiently share data and coordinate analyses among the Department of Agriculture, the Department of Commerce, the Department of the Interior, and the Environmental Protection Agency;
“(II) a streamlined process for identifying which actions require no consultation, informal consultation, or formal consultation;
“(III) an approach that will provide clarity with respect to what constitutes the best scientific and commercial data available in the fields of pesticide use and ecological risk assessment, pursuant to section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)); and
“(IV) approaches that enable the Environmental Protection Agency to better assist the Department of the Interior and the Department of Commerce in carrying out obligations under that section in a timely and efficient manner; and
“(vi) propose and implement a strategy to implement approaches to consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and document that strategy in a memorandum of understanding, revised regulations, or another appropriate format to promote durable cooperation among the covered agencies.
“(D) Reports.—
“(i) Progress reports.—
“(I) In general.—Not later than 18 months after the date of enactment of this paragraph, the Administrator, in coordination with the head of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress of the working group in developing the recommendations under subparagraph (B).
“(II) Requirements.—The report under this clause shall—
“(aa) reflect the perspectives of each covered agency; and
“(bb) identify areas of new consensus and continuing topics of disagreement and debate.
“(ii) Results.—
“(I) In general.—Not later than 1 year after the date of enactment of this paragraph, the Administrator, in coordination with the head of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
“(aa) the recommendations developed under subparagraph (B); and
“(bb) plans for implementation of those recommendations.
“(II) Requirements.—The report under this clause shall—
“(aa) reflect the perspectives of each covered agency; and
“(bb) identify areas of consensus and continuing topics of disagreement and debate, if any.
“(iii) Implementation.—Not later than 1 year after the date of submission of the report under clause (i), the Administrator, in coordination with the head of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
“(I) the implementation of the recommendations referred to in that clause;
“(II) the extent to which that implementation improved the consultation process referred to in subparagraph (B); and
“(III) any additional recommendations for improvements to the process described in subparagraph (B).
“(iv) Other reports.—Not later than the date that is 180 days after the date of submission of the report under clause (iii), and not less frequently than once every 180 days thereafter during the 5-year period beginning on that date, the Administrator, in coordination with the head of each other covered agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
“(I) the implementation of the recommendations referred to in that clause;
“(II) the extent to which that implementation improved the consultation process referred to in subparagraph (B); and
“(III) any additional recommendations for improvements to the process described in subparagraph (B).
“(E) Consultation with private sector.—In carrying out the duties under this paragraph, the working group shall, as appropriate—
“(i) consult with, representatives of interested industry stakeholders and nongovernmental organizations; and
“(ii) take into consideration factors, such as actual and potential differences in interest between, and the views of, those stakeholders and organizations.
“(F) Federal advisory committee act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this paragraph.
“(G) Savings clause.—Nothing in this paragraph supersedes any provision of—
“(i) this Act; or
“(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including the requirements under section 7 of that Act (16 U.S.C. 1536).”
SEC. 10116. Study on Methyl Bromide Use in Response to an Emergency Event.
Definitions.— In this section:
Emergency event.— The term “emergency event” means a situation—
that occurs at a location on which a plant or commodity is grown or produced or facility providing for the storage of, or other services with respect to, a plant or commodity;
for which the lack of availability of methyl bromide for a particular use would result in significant economic loss to the owner, lessee, or operator of the location or facility or the owner, grower, or purchaser of the plant or commodity; and
that, in light of the specific agricultural, meteorological, or other conditions presented, requires the use of methyl bromide to control a pest or disease in the location or facility because there are no technically feasible alternatives to methyl bromide easily accessible by an entity referred to in subparagraph (B) at the time and location of the event that—
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
would adequately control the pest or disease presented at the location or facility.
Pest.— The term “pest” has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).
Study.—
In general.— The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, shall complete a study on the potential use of methyl bromide in response to an emergency event.
Requirements.— The study under paragraph (1) shall include—
a risk-benefit analysis of authorizing State, local, or Tribal authorities, in accordance with appropriate requirements and criteria, such as the recommendations developed under subparagraph (E)—
to determine when the use of methyl bromide is required; and
to authorize such use;
a risk-benefit analysis of authorizing the Secretary, in accordance with appropriate requirements and criteria, such as the recommendations developed under subparagraph (E)—
to determine when the use of methyl bromide is required; and
to authorize such use;
a historic estimate of situations occurring on or after September 15, 1997, that could have been deemed emergency events;
a detailed assessment of the adherence of the United States to international obligations of the United States with respect to the prevention of ozone depletion; and
an assessment and recommendations on appropriate requirements and criteria to be met to authorize the use of methyl bromide in response to an emergency event (including any recommendations for revising the definition of the term “emergency event” in subsection (a)) in a manner that fully complies with the Montreal Protocol on Substances that Deplete the Ozone Layer, including Decision IX/7 of the Ninth Meeting of the Conference of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.
Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report on the study under subsection (b) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Forestry, and Nutrition of the Senate.