CONFERENCE REPORT

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

115

ONGRESS

EPORT

" !

HOUSE OF REPRESENTATIVES

2d Session 115–lll

AGRICULTURE IMPROVEMENT ACT OF 2018

llllllllll.—Ordered to be printed

Mr. Conaway, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H. R. 2]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H. R. 2),

to provide for the reform and continuation of agricultural and other

programs of the Department of Agriculture through fiscal year

2023, and for other purposes, having met, after full and free con-

ference, have agreed to recommend and do recommend to their re-

spective Houses as follows:

That the House recede from its disagreement to the amend-

ment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘Agriculture

Improvement Act of 2018’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act is

as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—COMMODITIES

Subtitle A—Commodity Policy

Sec. 1101. Definition of effective reference price.

Sec. 1102. Base acres.

Sec. 1103. Payment yields.

Sec. 1104. Payment acres.

Sec. 1105. Producer election.

Sec. 1106. Price loss coverage.

Sec. 1107. Agriculture risk coverage.

Sec. 1108. Repeal of transition assistance for producers of upland cotton.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Subtitle B—Marketing Loans

Sec. 1201. Extensions.

Sec. 1202. Loan rates for nonrecourse marketing assistance loans.

Sec. 1203. Economic adjustment assistance for textile mills.

Sec. 1204. Special competitive provisions for extra long staple cotton.

Sec. 1205. Availability of recourse loans.

Subtitle C—Sugar

Sec. 1301. Sugar policy.

Subtitle D—Dairy Margin Coverage and Other Dairy Related Provisions

Sec. 1401. Dairy margin coverage.

Sec. 1402. Reauthorizations.

Sec. 1403. Class I skim milk price.

Sec. 1404. Dairy product donation.

Subtitle E—Supplemental Agricultural Disaster Assistance

Sec. 1501. Supplemental agricultural disaster assistance.

Subtitle F—Noninsured Crop Assistance

Sec. 1601. Noninsured crop assistance program.

Subtitle G—Administration

Sec. 1701. Regulations.

Sec. 1702. Suspension of permanent price support authority.

Sec. 1703. Payment limitations.

Sec. 1704. Adjusted gross income limitations.

Sec. 1705. Farm Service Agency accountability.

Sec. 1706. Implementation.

Sec. 1707. Exemption from certain reporting requirements for certain producers.

TITLE II—CONSERVATION

Subtitle A—Wetland Conservation

Sec. 2101. Wetland conversion.

Sec. 2102. Wetland conservation.

Sec. 2103. Mitigation banking.

Subtitle B—Conservation Reserve Program

Sec. 2201. Conservation reserve.

Sec. 2202. Conservation reserve enhancement program.

Sec. 2203. Farmable wetland program.

Sec. 2204. Pilot programs.

Sec. 2205. Duties of owners and operators.

Sec. 2206. Duties of the Secretary.

Sec. 2207. Payments.

Sec. 2208. Contracts.

Sec. 2209. Eligible land; State law requirements.

Subtitle C—Environmental Quality Incentives Program and Conservation

Stewardship Program

Sec. 2301. Repeal of conservation programs.

Sec. 2302. Purposes of environmental quality incentives program.

Sec. 2303. Definitions under environmental quality incentives program.

Sec. 2304. Establishment and administration of environmental quality incentives

program.

Sec. 2305. Environmental quality incentives program plan.

Sec. 2306. Limitation on payments under environmental quality incentives program.

Sec. 2307. Conservation innovation grants and payments.

Sec. 2308. Conservation stewardship program.

Sec. 2309. Grassland conservation initiative.

Subtitle D—Other Conservation Programs

Sec. 2401. Watershed protection and flood prevention.

Sec. 2402. Soil and water resources conservation.

Sec. 2403. Emergency conservation program.

Sec. 2404. Conservation of private grazing land.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 2405. Grassroots source water protection program.

Sec. 2406. Voluntary public access and habitat incentive program.

Sec. 2407. Wildlife management.

Sec. 2408. Feral swine eradication and control pilot program.

Sec. 2409. Report on small wetlands.

Sec. 2410. Sense of Congress relating to increased watershed-based collaboration.

Subtitle E—Funding and Administration

Sec. 2501. Commodity Credit Corporation.

Sec. 2502. Delivery of technical assistance.

Sec. 2503. Administrative requirements for conservation programs.

Sec. 2504. Temporary administration of conservation programs.

Subtitle F—Agricultural Conservation Easement Program

Sec. 2601. Establishment and purposes.

Sec. 2602. Definitions.

Sec. 2603. Agricultural land easements.

Sec. 2604. Wetland reserve easements.

Sec. 2605. Administration.

Subtitle G—Regional Conservation Partnership Program

Sec. 2701. Establishment and purposes.

Sec. 2702. Definitions.

Sec. 2703. Regional conservation partnerships.

Sec. 2704. Assistance to producers.

Sec. 2705. Funding.

Sec. 2706. Administration.

Sec. 2707. Critical conservation areas.

Subtitle H—Repeals and Technical Amendments

PART I—R

EPEALS

Sec. 2811. Repeal of Conservation Corridor Demonstration Program.

Sec. 2812. Repeal of cranberry acreage reserve program.

Sec. 2813. Repeal of National Natural Resources Foundation.

Sec. 2814. Repeal of flood risk reduction.

Sec. 2815. Repeal of study of land use for expiring contracts and extension of au-

thority.

Sec. 2816. Repeal of Integrated Farm Management Program Option.

Sec. 2817. Repeal of clarification of definition of agricultural lands.

PART II—T

ECHNICAL

MENDMENTS

Sec. 2821. Technical amendments.

Sec. 2822. State technical committees.

TITLE III—TRADE

Subtitle A—Food for Peace Act

Sec. 3101. Labeling requirements.

Sec. 3102. Food aid quality assurance.

Sec. 3103. Local sale and barter of commodities.

Sec. 3104. Minimum levels of assistance.

Sec. 3105. Food aid consultative group.

Sec. 3106. Issuance of regulations.

Sec. 3107. Oversight, monitoring, and evaluation.

Sec. 3108. Assistance for stockpiling and rapid transportation, delivery, and dis-

tribution of shelf-stable prepackaged foods.

Sec. 3109. Consideration of impact of provision of agricultural commodities and

other assistance on local farmers and economy.

Sec. 3110. Allowance for distribution costs.

Sec. 3111. Prepositioning of agricultural commodities.

Sec. 3112. Annual report regarding food aid programs and activities.

Sec. 3113. Deadline for agreements to finance sales or to provide other assistance.

Sec. 3114. Minimum level of nonemergency food assistance.

Sec. 3115. Termination date for micronutrient fortification programs.

Sec. 3116. John Ogonowski and Doug Bereuter Farmer-to-Farmer program.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Subtitle B—Agricultural Trade Act of 1978

Sec. 3201. Agricultural trade promotion and facilitation.

Subtitle C—Other Agricultural Trade Laws

Sec. 3301. Growing American Food Exports.

Sec. 3302. Food for Progress Act of 1985.

Sec. 3303. Bill Emerson Humanitarian Trust Act.

Sec. 3304. Promotion of agricultural exports to emerging markets.

Sec. 3305. Cochran fellowship program.

Sec. 3306. Borlaug International Agricultural Science and Technology Fellowship

program.

Sec. 3307. International Agricultural Education Fellowship program.

Sec. 3308. International food security technical assistance.

Sec. 3309. McGovern-Dole International Food for Education and Child Nutrition

program.

Sec. 3310. Global Crop Diversity Trust.

Sec. 3311. Local and regional food aid procurement projects.

Sec. 3312. Foreign trade missions.

TITLE IV—NUTRITION

Subtitle A—Supplemental Nutrition Assistance Program

Sec. 4001. Requirements for online acceptance of benefits.

Sec. 4002. Re-evaluation of thrifty food plan.

Sec. 4003. Food distribution program on Indian reservations.

Sec. 4004. Simplified homeless housing costs.

Sec. 4005. Employment and training for supplemental nutrition assistance program.

Sec. 4006. Improvements to electronic benefit transfer system.

Sec. 4007. Review of supplemental nutrition assistance program operations.

Sec. 4008. Retail incentives.

Sec. 4009. Required action on data match information.

Sec. 4010. Incentivizing technology modernization.

Sec. 4011. Interstate data matching to prevent multiple issuances.

Sec. 4012. Requirement of live-production environments for certain pilot projects re-

lating to cost sharing for computerization.

Sec. 4013. Quality control improvements.

Sec. 4014. Evaluation of child support enforcement cooperation requirements.

Sec. 4015. Longitudinal data for research.

Sec. 4016. Authorization of appropriations.

Sec. 4017. Assistance for community food projects.

Sec. 4018. Emergency food assistance program.

Sec. 4019. Nutrition education.

Sec. 4020. Retail food store and recipient trafficking.

Sec. 4021. Public-private partnerships.

Sec. 4022. Technical corrections.

Subtitle B—Commodity Distribution Programs

Sec. 4101. Commodity distribution program.

Sec. 4102. Commodity supplemental food program.

Sec. 4103. Distribution of surplus commodities to special nutrition projects.

Sec. 4104. Food donation standards.

Subtitle C—Miscellaneous

Sec. 4201. Seniors farmers’ market nutrition program.

Sec. 4202. Purchase of fresh fruits and vegetables for distribution to schools and

service institutions.

Sec. 4203. Service of traditional foods in public facilities.

Sec. 4204. Healthy food financing initiative.

Sec. 4205. The Gus Schumacher nutrition incentive program.

Sec. 4206. Micro-grants for food security.

Sec. 4207. Buy American requirements.

Sec. 4208. Healthy fluid milk incentives projects.

TITLE V—CREDIT

Subtitle A—Farm Ownership Loans

Sec. 5101. Modification of the 3-year experience eligibility requirement for farm own-

ership loans.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 5102. Conservation loan and loan guarantee program.

Sec. 5103. Limitations on amount of farm ownership loans.

Sec. 5104. Relending program to resolve ownership and succession on farmland.

Subtitle B—Operating Loans

Sec. 5201. Limitations on amount of operating loans.

Sec. 5202. Microloans.

Sec. 5203. Cooperative lending pilot projects.

Subtitle C—Administrative Provisions

Sec. 5301. Beginning farmer and rancher individual development accounts pilot

program.

Sec. 5302. Loan authorization levels.

Sec. 5303. Loan fund set-asides.

Sec. 5304. Use of additional funds for direct operating microloans under certain

conditions.

Sec. 5305. Equitable relief.

Sec. 5306. Socially disadvantaged farmers and ranchers; qualified beginning farm-

ers and ranchers.

Sec. 5307. Emergency loan eligibility.

Subtitle D—Miscellaneous

Sec. 5401. Technical corrections to the Consolidated Farm and Rural Development

Act.

Sec. 5402. State agricultural mediation programs.

Sec. 5403. Compensation of bank directors.

Sec. 5404. Sharing of privileged and confidential information.

Sec. 5405. Facility headquarters.

Sec. 5406. Removal and prohibition authority; industry-wide prohibition.

Sec. 5407. Jurisdiction over institution-affiliated parties.

Sec. 5408. Definition of institution-affiliated party.

Sec. 5409. Prohibition on use of funds.

Sec. 5410. Expansion of acreage exception to loan amount limitation.

Sec. 5411. Repeal of obsolete provisions; technical corrections.

Sec. 5412. Corporation as conservator or receiver; certain other powers.

Sec. 5413. Reporting.

Sec. 5414. Study on loan risk.

Sec. 5415. GAO report on ability of the Farm Credit System to meet the agricultural

credit needs of Indian tribes and their members.

Sec. 5416. GAO report on credit service to socially disadvantaged farmers and

ranchers.

TITLE VI—RURAL DEVELOPMENT

Subtitle A—Improving Health Outcomes in Rural America

Sec. 6101. Combating substance use disorder in rural America; prioritizations.

Sec. 6102. Distance learning and telemedicine.

Sec. 6103. Refinancing of certain rural hospital debt.

Subtitle B—Connecting Rural Americans to High Speed Broadband

Sec. 6201. Access to broadband telecommunications services in rural areas.

Sec. 6202. Expansion of middle mile infrastructure into rural areas.

Sec. 6203. Modifications to the Rural Gigabit Program.

Sec. 6204. Community Connect Grant Program.

Sec. 6205. Outdated broadband systems.

Sec. 6206. Default and deobligation; deferral.

Sec. 6207. Public notice, assessments, and reporting requirements.

Sec. 6208. Environmental reviews.

Sec. 6209. Use of loan proceeds to refinance loans for deployment of broadband serv-

ice.

Sec. 6210. Smart utility authority for broadband.

Sec. 6211. Refinancing of telephone loans.

Sec. 6212. Federal broadband program coordination.

Sec. 6213. Transition rule.

Sec. 6214. Rural broadband integration working group.

Subtitle C—Miscellaneous

Sec. 6301. Exclusion of certain populations from definition of rural area.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 6302. Establishment of technical assistance program.

Sec. 6303. Rural energy savings program.

Sec. 6304. Northern Border Regional Commission reauthorization.

Sec. 6305. Definition of rural area for purposes of the Housing Act of 1949.

Sec. 6306. Council on Rural Community Innovation and Economic Development.

Subtitle D—Additional Amendments to the Consolidated Farm and Rural

Development Act

Sec. 6401. Strategic economic and community development.

Sec. 6402. Expanding access to credit for rural communities.

Sec. 6403. Water, waste disposal, and wastewater facility grants.

Sec. 6404. Rural water and wastewater technical assistance and training programs.

Sec. 6405. Rural water and wastewater circuit rider program.

Sec. 6406. Tribal college and university essential community facilities.

Sec. 6407. Emergency and imminent community water assistance grant program.

Sec. 6408. Water systems for rural and native villages in Alaska.

Sec. 6409. Rural decentralized water systems.

Sec. 6410. Solid waste management grants.

Sec. 6411. Rural business development grants.

Sec. 6412. Rural cooperative development grants.

Sec. 6413. Locally or regionally produced agricultural food products.

Sec. 6414. Appropriate technology transfer for rural areas program.

Sec. 6415. Rural economic area partnership zones.

Sec. 6416. Intemediary relending program.

Sec. 6417. Access to information to verify income for participants in certain rural

housing programs.

Sec. 6418. Providing for additional fees for guaranteed loans under the Consoli-

dated Farm and Rural Development Act.

Sec. 6419. Rural Business-Cooperative Service programs technical assistance and

training.

Sec. 6420. National Rural Development Partnership.

Sec. 6421. Grants for NOAA weather radio transmitters.

Sec. 6422. Rural microentrepreneur assistance program.

Sec. 6423. Health care services.

Sec. 6424. Rural innovation stronger economy grant program.

Sec. 6425. Delta Regional Authority.

Sec. 6426. Rural business investment program.

Sec. 6427. Rural business investment program.

Subtitle E—Additional Amendments to the Rural Electrification Act of 1936

Sec. 6501. Amendments to section 2 of the Rural Electrification Act of 1936.

Sec. 6502. Loans for telephone service.

Sec. 6503. Cushion of credit payments program.

Sec. 6504. Extension of the rural economic development loan and grant program.

Sec. 6505. Guarantees for bonds and notes issued for electrification or telephone

purposes.

Sec. 6506. Expansion of 911 access.

Sec. 6507. Cybersecurity and grid security improvements.

Subtitle F—Program Repeals

Sec. 6601. Elimination of unfunded programs.

Sec. 6602. Repeal of Rural Telephone Bank.

Sec. 6603. Amendments to LOCAL TV Act.

Subtitle G—Technical Corrections

Sec. 6701. Corrections relating to the Consolidated Farm and Rural Development

Act.

Sec. 6702. Corrections relating to the Rural Electrification Act of 1936.

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS

Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of

1977

Sec. 7101. Purposes of agricultural research, extension, and education.

Sec. 7102. Matters related to certain school designations and declarations.

Sec. 7103. National Agricultural Research, Extension, Education, and Economics

Advisory Board.

Sec. 7104. Specialty crop committee.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 7105. Renewable energy committee discontinued.

Sec. 7106. Veterinary services grant program.

Sec. 7107. Grants and fellowships for food and agriculture sciences education.

Sec. 7108. Agricultural and food policy research centers.

Sec. 7109. Education grants to Alaska Native serving institutions and Native Ha-

waiian serving institutions.

Sec. 7110. Next generation agriculture technology challenge.

Sec. 7111. Land-grant designation.

Sec. 7112. Nutrition education program.

Sec. 7113. Continuing animal health and disease research programs.

Sec. 7114. Carryover of funds for extension at 1890 land-grant colleges, including

Tuskegee University.

Sec. 7115. Extension and agricultural research at 1890 land-grant colleges, includ-

ing Tuskegee University.

Sec. 7116. Reports on disbursement of funds for agricultural research and extension

at 1862 and 1890 land-grant colleges, including Tuskegee University.

Sec. 7117. Scholarships for students at 1890 institutions.

Sec. 7118. Grants to upgrade agricultural and food sciences facilities at 1890 land-

grant colleges, including Tuskegee University.

Sec. 7119. Grants to upgrade agriculture and food sciences facilities and equipment

at insular area land-grant institutions.

Sec. 7120. New Beginning for Tribal Students.

Sec. 7121. Hispanic-serving institutions.

Sec. 7122. Binational agricultural research and development.

Sec. 7123. Partnerships to build capacity in international agricultural research, ex-

tension, and teaching.

Sec. 7124. Competitive grants for international agricultural science and education

programs.

Sec. 7125. Limitation on indirect costs for agricultural research, education, and ex-

tension programs.

Sec. 7126. Research equipment grants.

Sec. 7127. University research.

Sec. 7128. Extension service.

Sec. 7129. Supplemental and alternative crops; hemp.

Sec. 7130. New Era Rural Technology program.

Sec. 7131. Capacity building grants for NLGCA Institutions.

Sec. 7132. Agriculture advanced research and development authority pilot.

Sec. 7133. Aquaculture assistance programs.

Sec. 7134. Rangeland research programs.

Sec. 7135. Special authorization for biosecurity planning and response.

Sec. 7136. Distance education and resident instruction grants program for insular

area institutions of higher education.

Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990

Sec. 7201. Best utilization of biological applications.

Sec. 7202. Integrated management systems.

Sec. 7203. Sustainable agriculture technology development and transfer program.

Sec. 7204. National training program.

Sec. 7205. National strategic germplasm and cultivar collection assessment and uti-

lization plan.

Sec. 7206. National Genetics Resources Program.

Sec. 7207. National Agricultural Weather Information System.

Sec. 7208. Agricultural genome to phenome initiative.

Sec. 7209. High-priority research and extension initiatives.

Sec. 7210. Organic agriculture research and extension initiative.

Sec. 7211. Farm business management.

Sec. 7212. Urban, indoor, and other emerging agricultural production research, edu-

cation, and extension initiative.

Sec. 7213. Centers of excellence at 1890 Institutions.

Sec. 7214. Clarification of veteran eligibility for assistive technology program for

farmers with disabilities.

Sec. 7215. National Rural Information Center Clearinghouse.

Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998

Sec. 7301. National food safety training, education, extension, outreach, and tech-

nical assistance program.

Sec. 7302. Integrated research, education, and extension competitive grants pro-

gram.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley

caused by Fusarium graminearum or by Tilletia indica.

Sec. 7304. Grants for youth organizations.

Sec. 7305. Specialty crop research initiative.

Sec. 7306. Food Animal Residue Avoidance Database program.

Sec. 7307. Office of Pest Management Policy.

Sec. 7308. Forestry products advanced utilization research.

Subtitle D—Food, Conservation, and Energy Act of 2008

PART I—A

GRICULTURAL

ECURITY

Sec. 7401. Agricultural biosecurity communication center.

Sec. 7402. Assistance to build local capacity in agricultural biosecurity planning,

preparation, and response.

Sec. 7403. Research and development of agricultural countermeasures.

Sec. 7404. Agricultural biosecurity grant program.

PART II—M

ISCELLANEOUS

Sec. 7411. Grazinglands research laboratory.

Sec. 7412. Farm and Ranch Stress Assistance Network.

Sec. 7413. Natural products research program.

Sec. 7414. Sun grant program.

Subtitle E—Amendments to Other Laws

Sec. 7501. Critical Agricultural Materials Act.

Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.

Sec. 7503. Research Facilities Act.

Sec. 7504. Agriculture and Food Research Initiative.

Sec. 7505. Extension design and demonstration initiative.

Sec. 7506. Repeal of review of agricultural research service.

Sec. 7507. Biomass research and development.

Sec. 7508. Reinstatement of matching requirement for Federal funds used in exten-

sion work at the University of the District of Columbia.

Sec. 7509. Renewable Resources Extension Act of 1978.

Sec. 7510. National Aquaculture Act of 1980.

Sec. 7511. Federal agriculture research facilities.

Subtitle F—Other Matters

Sec. 7601. Enhanced use lease authority program.

Sec. 7602. Transfer of administrative jurisdiction over portion of Henry A. Wallace

Beltsville Agricultural Research Center, Beltsville, Maryland.

Sec. 7603. Foundation for food and agriculture research.

Sec. 7604. Assistance for forestry research under the McIntire-Stennis Cooperative

Forestry Act.

Sec. 7605. Legitimacy of industrial hemp research.

Sec. 7606. Collection of data relating to barley area planted and harvested.

Sec. 7607. Collection of data relating to the size and location of dairy farms.

Sec. 7608. Agriculture innovation center demonstration program.

Sec. 7609. Smith-Lever community extension program.

Sec. 7610. Mechanization and automation for specialty crops.

Sec. 7611. Experienced services program.

Sec. 7612. Simplified plan of work.

Sec. 7613. Review of land-grant time and effort reporting requirements.

Sec. 7614. Matching funds requirement.

TITLE VIII—FORESTRY

Subtitle A—Cooperative Forestry Assistance Act of 1978

Sec. 8101. Support for State assessments and strategies for forest resources.

Sec. 8102. State and private forest landscape-scale restoration program.

Subtitle B—Forest and Rangeland Renewable Resources Research Act of 1978

Sec. 8201. Repeal of recycling research.

Sec. 8202. Repeal of forestry student grant program.

Subtitle C—Global Climate Change Prevention Act of 1990

Sec. 8301. Repeals relating to biomass.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Subtitle D—Healthy Forests Restoration Act of 2003

Sec. 8401. Promoting cross-boundary wildfire mitigation.

Sec. 8402. Authorization of appropriations for hazardous fuel reduction on Federal

land.

Sec. 8403. Repeal of biomass commercial utilization grant program.

Sec. 8404. Water Source Protection Program.

Sec. 8405. Watershed Condition Framework.

Sec. 8406. Authorization of appropriations to combat insect infestations and related

diseases.

Sec. 8407. Healthy Forests Restoration Act of 2003 amendments.

Sec. 8408. Authorization of appropriations for designation of treatment areas.

Subtitle E—Repeal or Reauthorization of Miscellaneous Forestry Programs

Sec. 8501. Repeal of revision of strategic plan for forest inventory and analysis.

Sec. 8502. Semiarid agroforestry research center.

Sec. 8503. National Forest Foundation Act.

Sec. 8504. Conveyance of Forest Service administrative sites.

Subtitle F—Forest Management

Sec. 8601. Definition of National Forest System.

PART I—E

XPEDITED

NVIRONMENTAL

NALYSIS AND

VAILABILITY OF

ATEGORICAL

XCLUSIONS TO

XPEDITE

OREST

ANAGEMENT

CTIVITIES

Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer habitat.

PART II—M

ISCELLANEOUS

OREST

ANAGEMENT

CTIVITIES

Sec. 8621. Additional authority for sale or exchange of small parcels of National

Forest System land.

Sec. 8622. Forest Service participation in ACES program.

Sec. 8623. Authorization for lease of Forest Service sites.

Sec. 8624. Good neighbor authority.

Sec. 8625. Chattahoochee-Oconee National Forest land adjustment.

Sec. 8626. Tennessee wilderness.

Sec. 8627. Kisatchie National Forest land conveyance.

Sec. 8628. Purchase of Natural Resources Conservation Service property, Riverside

County, California.

Sec. 8629. Collaborative Forest Landscape Restoration Program.

Sec. 8630. Utility infrastructure rights-of-way vegetation management pilot pro-

gram.

Sec. 8631. Okhissa Lake rural economic development land conveyance.

Sec. 8632. Remote sensing technologies.

PART III—T

IMBER

NNOVATION

Sec. 8641. Definitions.

Sec. 8642. Clarification of research and development program for wood building

construction.

Sec. 8643. Wood innovation grant program.

Sec. 8644. Community wood energy and wood innovation program.

Subtitle G—Other Matters

Sec. 8701. Rural revitalization technologies.

Sec. 8702. Resource Advisory Committees.

Sec. 8703. Tribal forest management demonstration project.

Sec. 8704. Technical corrections.

Sec. 8705. Streamlining the Forest Service process for consideration of communica-

tions facility location applications.

Sec. 8706. Report on wildfire, insect infestation, and disease prevention on Federal

land.

Sec. 8707. West Fork Fire Station.

Sec. 8708. Competitive forestry, natural resources, and environmental grants pro-

gram.

TITLE IX—ENERGY

Sec. 9001. Definitions.

Sec. 9002. Biobased markets program.

Sec. 9003. Biorefinery assistance.

Sec. 9004. Repowering assistance program.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 9005. Bioenergy program for advanced biofuels.

Sec. 9006. Biodiesel fuel education program.

Sec. 9007. Rural Energy for America Program.

Sec. 9008. Rural Energy Self-Sufficiency Initiative.

Sec. 9009. Feedstock flexibility.

Sec. 9010. Biomass Crop Assistance Program.

Sec. 9011. Carbon utilization and biogas education program.

TITLE X—HORTICULTURE

Sec. 10101. Specialty crops market news allocation.

Sec. 10102. Local agriculture market program.

Sec. 10103. Organic production and market data initiatives.

Sec. 10104. Organic certification.

Sec. 10105. National organic certification cost-share program.

Sec. 10106. Food safety education initiatives.

Sec. 10107. Specialty crop block grants.

Sec. 10108. Amendments to the Plant Variety Protection Act.

Sec. 10109. Multiple crop and pesticide use survey.

Sec. 10110. Report on the arrival in the United States of forest pests through restric-

tions on the importation of certain plants for planting.

Sec. 10111. Report on plant biostimulants.

Sec. 10112. Clarification of use of funds for technical assistance.

Sec. 10113. Hemp production.

Sec. 10114. Interstate commerce.

Sec. 10115. FIFRA interagency working group.

Sec. 10116. Study on methyl bromide use in response to an emergency event.

TITLE XI—CROP INSURANCE

Sec. 11101. Definitions.

Sec. 11102. Data collection.

Sec. 11103. Sharing of records.

Sec. 11104. Use of resources.

Sec. 11105. Specialty crops.

Sec. 11106. Insurance period.

Sec. 11107. Cover crops.

Sec. 11108. Underserved producers.

Sec. 11109. Treatment of forage and grazing.

Sec. 11110. Administrative basic fee.

Sec. 11111. Enterprise units.

Sec. 11112. Continued authority.

Sec. 11113. Submission of policies and materials to board.

Sec. 11114. Crop production on native sod.

Sec. 11115. Use of national agricultural statistics service data to combat waste,

fraud, and abuse.

Sec. 11116. Submission of information to corporation.

Sec. 11117. Continuing education for loss adjusters and agents.

Sec. 11118. Program administration.

Sec. 11119. Agricultural commodity.

Sec. 11120. Maintenance of policies.

Sec. 11121. Reimbursement of research, development, and maintenance costs.

Sec. 11122. Research and development authority.

Sec. 11123. Funding for research and development.

Sec. 11124. Technical amendment to pilot programs.

Sec. 11125. Education and risk management assistance.

Sec. 11126. Repeal of cropland report annual updates.

TITLE XII—MISCELLANEOUS

Subtitle A—Livestock

Sec. 12101. Animal disease prevention and management.

Sec. 12102. Sheep production and marketing grant program.

Sec. 12103. Feasibility study on livestock dealer statutory trust.

Sec. 12104. Definition of livestock.

Sec. 12105. National Aquatic Animal Health Plan.

Sec. 12106. Veterinary training.

Sec. 12107. Report on FSIS guidance and outreach to small meat processors.

Sec. 12108. Regional Cattle and Carcass Grading Correlation and Training Centers.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Subtitle B—Agriculture and Food Defense

Sec. 12201. Repeal of Office of Homeland Security.

Sec. 12202. Office of Homeland Security.

Sec. 12203. Agriculture and food defense.

Sec. 12204. Biological agents and toxins list.

Sec. 12205. Authorization of appropriations.

Subtitle C—Historically Underserved Producers

Sec. 12301. Farming opportunities training and outreach.

Sec. 12302. Urban agriculture.

Sec. 12303. Tribal Advisory Committee.

Sec. 12304. Beginning farmer and rancher coordination.

Sec. 12305. Agricultural youth organization coordinator.

Sec. 12306. Availability of Department of Agriculture programs for veteran farmers

and ranchers.

Subtitle D—Department of Agriculture Reorganization Act of 1994 Amendments

Sec. 12401. Office of Congressional Relations and Intergovernmental Affairs.

Sec. 12402. Military Veterans Agricultural Liaison.

Sec. 12403. Civil rights analyses.

Sec. 12404. Farm Service Agency.

Sec. 12405. Under Secretary of Agriculture for Farm Production and Conservation.

Sec. 12406. Office of Partnerships and Public Engagement.

Sec. 12407. Under Secretary of Agriculture for Rural Development.

Sec. 12408. Administrator of the Rural Utilities Service.

Sec. 12409. Rural Health Liaison.

Sec. 12410. Natural Resources Conservation Service.

Sec. 12411. Office of the Chief Scientist.

Sec. 12412. Appointment of national appeals division hearing officers.

Sec. 12413. Trade and foreign agricultural affairs.

Sec. 12414. Repeals.

Sec. 12415. Technical corrections.

Sec. 12416. Termination of authority.

Subtitle E—Other Miscellaneous Provisions

PART I—M

ISCELLANEOUS

GRICULTURE

ROVISIONS

Sec. 12501. Acer access and development program.

Sec. 12502. Protecting animals with shelter.

Sec. 12503. Marketing orders.

Sec. 12504. Establishment of food loss and waste reduction liaison.

Sec. 12505. Report on business centers.

Sec. 12506. Report on personnel.

Sec. 12507. Report on absent landlords.

Sec. 12508. Century farms program.

Sec. 12509. Report on importation of live dogs.

Sec. 12510. Tribal Promise Zones.

Sec. 12511. Precision agriculture connectivity.

Sec. 12512. Improvements to United States Drought Monitor.

Sec. 12513. Dairy business innovation initiatives.

Sec. 12514. Report on funding for the National Institute of Food and Agriculture

and other extension programs.

Sec. 12515. Prohibition on slaughter of dogs and cats for human consumption.

Sec. 12516. Labeling exemption for single ingredient foods and products.

Sec. 12517. South Carolina inclusion in Virginia/Carolina peanut producing re-

gion.

Sec. 12518. Forest Service hire authority.

Sec. 12519. Conversion authority.

Sec. 12520. Authorization of protection operations for the Secretary of Agriculture

and others.

PART II—N

ATIONAL

ILHEAT

ESEARCH

LLIANCE

Sec. 12531. National oilheat research alliance.

Subtitle F—General Provisions

Sec. 12601. Baiting of migratory game birds.

Sec. 12602. Pima agriculture cotton trust fund.

Sec. 12603. Agriculture wool apparel manufacturers trust fund.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Sec. 12604. Wool research and promotion.

Sec. 12605. Emergency Citrus Disease Research and Development Trust Fund.

Sec. 12606. Extension of merchandise processing fees.

Sec. 12607. Reports on land access and farmland ownership data collection.

Sec. 12608. Reauthorization of rural emergency medical services training and equip-

ment assistance program.

Sec. 12609. Commission on Farm Transitions—Needs for 2050.

Sec. 12610. Exceptions under United States Grain Standards Act.

Sec. 12611. Conference report requirement threshold.

Sec. 12612. National agriculture imagery program.

Sec. 12613. Report on inclusion of natural stone products in Commodity Promotion,

Research, and Information Act of 1996.

Sec. 12614. Establishment of food access liaison.

Sec. 12615. Eligibility for operators on heirs property land to obtain a farm number.

Sec. 12616. Extending prohibition on animal fighting to the territories.

Sec. 12617. Exemption of exportation of certain echinoderms from permission and li-

censing requirements.

Sec. 12618. Data on conservation practices.

Sec. 12619. Conforming changes to Controlled Substances Act.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ‘‘Secretary’’ means the Secretary of Agri-

culture.

TITLE I—COMMODITIES

Subtitle A—Commodity Policy

SEC. 1101. DEFINITION OF EFFECTIVE REFERENCE PRICE.

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

amended—

(1) by redesignating paragraphs (8) through (25) as para-

graphs (9) through (26), respectively; and

(2) by inserting after paragraph (7) the following:

‘‘(8) E

FFECTIVE REFERENCE PRICE

.—The term ‘effective ref-

erence price’, with respect to a covered commodity for a crop

year, means the lesser of the following:

‘‘(A) An amount equal to 115 percent of the reference

price for such covered commodity.

‘‘(B) An amount equal to the greater of—

‘‘(i) the reference price for such covered commodity;

‘‘(ii) 85 percent of the average of the marketing

year average price of the covered commodity for the

most recent 5 crop years, excluding each of the crop

years with the highest and lowest marketing year aver-

age price.’’.

SEC. 1102. BASE ACRES.

(a) T

ECHNICAL

ORRECTIONS

.—Section 1112(c)(2) of the Agri-

cultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by striking

subparagraph (A) and inserting the following:

‘‘(A) Any acreage on the farm enrolled in—

‘‘(i) the conservation reserve program established

under subchapter B of chapter 1 of subtitle D of title

XII of the Food Security Act of 1985 (16 U.S.C. 3831

et seq.); or

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(ii) a wetland reserve easement under section

1265C of the Food Security Act of 1985 (16 U.S.C.

3865c).’’.

(b) R

EDUCTION IN

ASE

CRES

.—Section 1112(d) of the Agricul-

tural Act of 2014 (7 U.S.C. 9012(d)) is amended by adding at the

end the following:

‘‘(3) T

REATMENT OF BASE ACRES ON FARMS ENTIRELY PLANT

ED TO GRASS OR PASTURE

.—

‘‘(A) I

N GENERAL

.—In the case of a farm on which all

of the cropland was planted to grass or pasture (including

cropland that was idle or fallow), as determined by the Sec-

retary, during the period beginning on January 1, 2009,

and ending on December 31, 2017, the Secretary shall

maintain all base acres and payment yields for the covered

commodities on the farm, except that no payment shall be

made with respect to those base acres under section 1116

or 1117 for the 2019 through 2023 crop years.

‘‘(B) I

NELIGIBILITY

.—The producers on a farm for

which all of the base acres are maintained under subpara-

graph (A) shall be ineligible for the option to change the

election applicable to the producers on the farm under sec-

tion 1115(h).

‘‘(4) P

ROHIBITION ON RECONSTITUTION OF FARM

.—The Sec-

retary shall ensure that producers on a farm do not reconstitute

the farm to void or change the treatment of base acres under

this section.’’.

SEC. 1103. PAYMENT YIELDS.

(a) T

REATMENT OF

ESIGNATED

ILSEEDS

.—Section 1113(b) of

the Agricultural Act of 2014 (7 U.S.C. 9013(b)) is amended—

(1) in paragraph (1), by striking ‘‘designated oilseeds’’ and

inserting ‘‘oilseeds designated before the date of enactment of

the Agriculture Improvement Act of 2018’’;

(2) in paragraphs (2) and (3), by striking ‘‘a designated oil-

seed’’ each place it appears and inserting ‘‘an oilseed designated

before the date of enactment of the Agriculture Improvement Act

of 2018’’; and

(3) by adding at the end the following:

‘‘(4) T

REATMENT OF OILSEEDS DESIGNATED AFTER CERTAIN

DATE

.—In the case of oilseeds designated on or after the date of

enactment of the Agriculture Improvement Act of 2018, the pay-

ment yield shall be equal to 90 percent of the average of the

yield per planted acre for the most recent 5 crop years, as deter-

mined by the Secretary, excluding any crop year in which the

acreage planted to the covered commodity was zero.’’.

(b) S

INGLE

PPORTUNITY TO

PDATE

IELDS

.—Section 1113 of

the Agricultural Act of 2014 (7 U.S.C. 9013) is amended by striking

subsection (d) and inserting the following:

‘‘(d) S

INGLE

PPORTUNITY TO

PDATE

IELDS

.—

‘‘(1) E

LECTION TO UPDATE

.—At the sole discretion of the

owner of a farm, the owner of a farm shall have a 1-time oppor-

tunity to update, on a covered-commodity-by-covered-commodity

basis, the payment yield that would otherwise be used in calcu-

lating any price loss coverage payment for each covered com-

modity on the farm for which the election is made.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(2) M

ETHOD OF UPDATING YIELDS FOR COVERED COMMOD

ITIES

.—If the owner of a farm elects to update yields under

paragraph (1), the payment yield for a covered commodity on

the farm, for the purpose of calculating price loss coverage pay-

ments only, shall be equal to the product obtained by multi-

plying—

‘‘(A) 90 percent;

‘‘(B) the average of the yield per planted acre for the

crop of covered commodities on the farm for the 2013

through 2017 crop years, as determined by the Secretary,

excluding any crop year in which the acreage planted to the

covered commodity was zero; and

‘‘(C) subject to paragraph (3), the ratio obtained by di-

viding—

‘‘(i) the average of the 2008 through 2012 national

average yield per planted acre for the covered com-

modity, as determined by the Secretary; by

‘‘(ii) the average of the 2013 through 2017 national

average yield per planted acre for the covered com-

modity, as determined by the Secretary.

‘‘(3) L

IMITATION

.—In no case shall the ratio obtained under

paragraph (2)(C) be less than 90 percent or greater than 100

percent.

‘‘(4) U

SE OF COUNTY AVERAGE YIELD

.—For the purposes of

determining the average yield per planted acre under para-

graph (2)(B), if the yield per planted acre for a crop of a covered

commodity for a farm for any of the crop years described in that

subparagraph was less than 75 percent of the average of county

yields for those crop years for that commodity, the Secretary

shall assign a yield for that crop year equal to 75 percent of the

average of the 2013 through 2017 county yield for the covered

commodity.

‘‘(5) U

PLAND COTTON CONVERSION

.—In the case of seed cot-

ton, for purposes of determining the average of the yield per

planted acre under this subsection, the average yield for seed

cotton per planted acre shall be equal to 2.4 times the average

yield for upland cotton per planted acre.

‘‘(6) T

IME FOR ELECTION

.—An election under this subsection

shall be made at a time and manner so as to be in effect begin-

ning with the 2020 crop year, as determined by the Secretary.’’.

SEC. 1104. PAYMENT ACRES.

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

amended—

(1) in subsection (d)—

(A) in paragraph (1), by inserting ‘‘, unless the sum of

the base acres on the farm, when combined with the base

acres of other farms in which the producer has an interest,

is more than 10 acres’’ before the period at the end; and

(B) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘or’’ at the end;

(ii) in subparagraph (B), by striking the period at

the end and inserting a semicolon; and

(iii) by adding at the end the following:

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(C) a beginning farmer or rancher (as defined in sub-

section (a) of section 2501 of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (7 U.S.C. 2279)); or

‘‘(D) a veteran farmer or rancher (as defined in sub-

section (a) of section 2501 of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (7 U.S.C. 2279)).’’; and

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

‘‘(5) E

FFECT OF REDUCTION

.—For each crop year for which

fruits, vegetables (other than mung beans and pulse crops), or

wild rice are planted to base acres on a farm for which a reduc-

tion in payment acres is made under this subsection, the Sec-

retary shall consider such base acres to be planted, or prevented

from being planted, to a covered commodity for purposes of any

adjustment or reduction of base acres for the farm under section

1112.’’.

SEC. 1105. PRODUCER ELECTION.

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

amended—

(1) in subsection (a), in the matter preceding paragraph (1),

by striking ‘‘Except as provided in subsection (g), for the 2014

through 2018 crop years’’ and inserting ‘‘For the 2014 through

2018 crop years (except as provided in subsection (g)) and for

the 2019 through 2023 crop years (subject to subsection (h))’’;

(2) in subsection (b), in the matter preceding paragraph (1),

by striking ‘‘subsection (a), the producers on a farm that elect

under paragraph (2) of such subsection to obtain agriculture

risk coverage under section 1117’’ and inserting ‘‘subsection (a)

or (h), as applicable, the producers on a farm that elect to ob-

tain agriculture risk coverage’’;

(3) in subsection (c)—

(A) in the matter preceding paragraph (1), by inserting

‘‘or the 2019 crop year, as applicable’’ after ‘‘2014 crop

year’’;

(B) in paragraph (1), by inserting ‘‘or the 2019 crop

year, as applicable,’’ after ‘‘2014 crop year’’; and

lowing:

‘‘(2) subject to subsection (h), the producers on the farm

shall be deemed to have elected, as applicable—

‘‘(A) price loss coverage for all covered commodities on

the farm for the 2015 through 2018 crop years; and

‘‘(B) the same coverage for each covered commodity on

the farm for the 2020 through 2023 crop years as was ap-

plicable for the 2015 through 2018 crop years.’’;

(4) in subsection (g)(1), by inserting ‘‘for the 2018 crop

year,’’ before ‘‘all of the producers’’; and

(5) by adding at the end the following:

‘‘(h) O

PTION TO

HANGE

LECTION

.—

‘‘(1) I

N GENERAL

.—For the 2021 crop year and each crop

year thereafter, all of the producers on a farm may change the

election under subsection (a), subsection (c), or this subsection,

as applicable, to price loss coverage or agriculture risk coverage,

as applicable.

‘‘(2) A

PPLICABILITY

.—An election change under paragraph

(1) shall apply to—

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(A) the crop year for which the election change is

made; and

‘‘(B) each crop year thereafter until another election

change is made under that paragraph.’’.

SEC. 1106. PRICE LOSS COVERAGE.

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

amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (1) and (2) as sub-

paragraphs (A) and (B), respectively, and indenting appro-

priately;

(B) in the matter preceding subparagraph (A) (as so re-

designated)—

(i) by inserting ‘‘or (h)’’ after ‘‘subsection (a)’’; and

(ii) by striking ‘‘determines that, for any of the

2014 through 2018 crop years—’’ and inserting ‘‘deter-

mines that—

‘‘(1) for any of the 2014 through 2018 crop years—’’;

ing the period at the end and inserting ‘‘; or’’; and

(D) by adding at the end the following:

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

‘‘(A) the effective price for the covered commodity for

the crop year; is less than

‘‘(B) the effective reference price for the covered com-

modity for the crop year.’’;

(2) in subsection (c)—

(A) by redesignating paragraphs (1) and (2) as clauses

(i) and (ii), respectively, and indenting appropriately;

(B) in the matter preceding clause (i) (as so redesig-

nated), by striking ‘‘The payment rate’’ and inserting the

following:

‘‘(1) I

N GENERAL

.—

‘‘(A) 2014

THROUGH 2018 CROP YEARS

.—For the 2014

through 2018 crop years, the payment rate’’;

the end the following:

‘‘(B) 2019

THROUGH 2023 CROP YEARS

.—For the 2019

through 2023 crop years, the payment rate shall be equal

to the difference between—

‘‘(i) the effective reference price for the covered com-

modity; and

‘‘(ii) the effective price determined under subsection

(b) for the covered commodity.’’; and

(D) by adding at the end the following:

‘‘(2) A

NNOUNCEMENT

.—Not later than 30 days after the end

of each applicable 12-month marketing year for each covered

commodity, the Secretary shall publish the payment rate deter-

mined under paragraph (1).

‘‘(3) I

NSUFFICIENT DATA

.—In the case of a covered com-

modity, such as temperate japonica rice, for which the Secretary

cannot determine the payment rate for the most recent 12-

month marketing year by the date described in paragraph (2)

due to insufficient reporting of timely pricing data by 1 or more

nongovernmental entities, including a marketing cooperative for

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

the covered commodity, the Secretary shall publish the payment

rate as soon as practicable after the marketing year data are

made available.’’; and

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

‘‘(g) R

EFERENCE

RICE FOR

EMPERATE

APONICA

ICE

.—In

order to reflect price premiums, the Secretary shall provide a ref-

erence price with respect to temperate japonica rice in an amount

equal to the amount established under subparagraph (F) of section

1111(19), as adjusted by paragraph (8) of such section, multiplied

by the ratio obtained by dividing—

‘‘(1) the simple average of the marketing year average price

of medium grain rice from the 2012 through 2016 crop years;

‘‘(2) the simple average of the marketing year average price

of all rice from the 2012 through 2016 crop years.’’.

SEC. 1107. AGRICULTURE RISK COVERAGE.

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

amended—

(1) in subsection (a), in the matter preceding paragraph

(1)—

(A) by inserting ‘‘(beginning with the 2019 crop year,

based on the physical location of the farm)’’ after ‘‘pay-

ments’’; and

(B) by inserting ‘‘or the 2019 through 2023 crop years,

as applicable’’ after ‘‘2014 through 2018 crop years’’;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘paragraph

(4)’’ and inserting ‘‘paragraphs (4) and (5)’’; and

(ii) in subparagraph (B), by striking ‘‘(5)’’ and in-

serting ‘‘(6)’’;

(B) in paragraph (3)—

(i) in subparagraph (A)(ii), by striking ‘‘(5)’’ and

inserting ‘‘(6)’’; and

(ii) in subparagraph (C), by striking ‘‘2018’’ and

inserting ‘‘2023’’;

(i) by striking ‘‘If’’ and inserting the following:

‘‘(A) 2014

THROUGH 2018 CROP YEARS

.—Effective for the

2014 through 2018 crop years, if’’; and

(ii) by adding at the end the following:

‘‘(B) 2019

THROUGH 2023 CROP YEARS

.—Effective for the

2019 through 2023 crop years, if the yield per planted acre

for the covered commodity or historical county yield per

planted acre for the covered commodity for any of the 5

most recent crop years, as determined by the Secretary, is

less than 80 percent of the transitional yield, as determined

by the Secretary, the amounts used for any of those years

in paragraph (2)(A) or (3)(A)(i) shall be 80 percent of the

transitional yield.’’;

(D) by redesignating paragraph (5) as paragraph (6);

(E) by inserting after paragraph (4) the following:

‘‘(5) T

REND

ADJUSTED YIELD

.—The Secretary shall calculate

and use a trend-adjusted yield factor to adjust the yield deter-

mined under paragraph (2)(A) and subsection (b)(1)(A), taking

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

into consideration, but not exceeding, the trend-adjusted yield

factor that is used to increase yield history under the endorse-

ment under the Federal Crop Insurance Act (7 U.S.C. 1501 et

seq.) for that crop and county.’’; and

(F) in paragraph (6) (as so redesignated)—

(i) by striking ‘‘R

EFERENCE PRICE

.—If the national

average market price’’ and inserting the following:

‘‘L

OW NATIONAL AVERAGE MARKET PRICE

.—

‘‘(A) R

EFERENCE PRICE

.—For the 2014 through 2018

crop years, if the national average market price’’; and

(ii) by adding at the end the following:

‘‘(B) E

FFECTIVE REFERENCE PRICE

.—For the 2019

through 2023 crop years, if the national average market

price received by producers during the 12-month marketing

year for any of the 5 most recent crop years is lower than

the effective reference price for the covered commodity, the

Secretary shall use the effective reference price for any of

those years for the amounts in paragraph (2)(B) or

(3)(A)(ii).’’;

(3) in subsection (d)—

(A) in paragraph (1), by redesignating subparagraphs

(A) and (B) as clauses (i) and (ii), respectively, and indent-

ing appropriately;

(B) by redesignating paragraphs (1) and (2) as sub-

paragraphs (A) and (B), respectively, and indenting appro-

priately;

designated), by striking ‘‘The payment’’ and inserting the

following:

‘‘(1) I

N GENERAL

.—The payment’’; and

(D) by adding at the end the following:

‘‘(2) A

NNOUNCEMENT

.—Not later than 30 days after the end

of each applicable 12-month marketing year for each covered

commodity, the Secretary shall publish the payment rate deter-

mined under paragraph (1) for each county.’’;

(4) in subsection (e), in the matter preceding paragraph (1),

by striking ‘‘2018’’ and inserting ‘‘2023’’;

(5) in subsection (g)—

(A) in paragraph (2), by striking ‘‘to the maximum ex-

tent practicable,’’;

(B) in paragraph (3), by striking ‘‘and’’ after the semi-

colon at the end;

(i) in the matter preceding subparagraph (A), by

inserting ‘‘effective for the 2014 through 2018 crop

years,’’ before ‘‘in the case of’’; and

(ii) in subparagraph (B), by striking the period at

the end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(5) effective for the 2019 through 2023 crop years, in the

case of county coverage, assign an actual or benchmark county

yield for each planted acre for the crop year for the covered com-

modity—

‘‘(A) for a county for which county data collected by the

Risk Management Agency are sufficient for the Secretary to

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

offer a county-wide insurance product, using the actual av-

erage county yield determined by the Risk Management

Agency; or

‘‘(B) for a county not described in subparagraph (A),

using—

‘‘(i) other sources of yield information, as deter-

mined by the Secretary; or

‘‘(ii) the yield history of representative farms in the

State, region, or crop reporting district, as determined

by the Secretary.’’; and

(6) by adding at the end the following:

‘‘(h) P

UBLICATIONS

.—

‘‘(1) C

OUNTY GUARANTEE

.—

‘‘(A) I

N GENERAL

.—For each crop year for a covered

commodity, the Secretary shall publish information de-

scribing, for that crop year for the covered commodity in

each county—

‘‘(i) the agriculture risk coverage guarantee for

county coverage determined under subsection (c)(1);

‘‘(ii) the average historical county yield determined

under subsection (c)(2)(A); and

‘‘(iii) the national average market price determined

under subsection (c)(2)(B).

‘‘(B) T

IMING

.—

‘‘(i) I

N GENERAL

.—Except as provided in clauses

(ii) and (iii), not later than 30 days after the end of

each applicable 12-month marketing year, the Sec-

retary shall publish the information described in sub-

paragraph (A).

‘‘(ii) I

NSUFFICIENT DATA

.—In the case of a covered

commodity, such as temperate japonica rice, for which

the Secretary cannot determine the national average

market price for the most recent 12-month marketing

year by the date described in clause (i) due to insuffi-

cient reporting of timely pricing data by 1 or more non-

governmental entities, including a marketing coopera-

tive for the covered commodity, as soon as practicable

after the pricing data are made available, the Secretary

shall publish information describing—

‘‘(I) the agriculture risk coverage guarantee

under subparagraph (A)(i); and

‘‘(II) the national average market price under

subparagraph (A)(iii).

‘‘(iii) T

RANSITION

.—Not later than 60 days after

the date of enactment of the Agriculture Improvement

Act of 2018, the Secretary shall publish the informa-

tion described in clauses (i) and (ii) of subparagraph

(A) for the 2018 crop year.

‘‘(2) A

CTUAL AVERAGE COUNTY YIELD

.—As soon as prac-

ticable after each crop year, the Secretary shall determine and

publish each actual average county yield for each covered com-

modity, as determined under subsection (b)(1)(A).

‘‘(3) D

ATA SOURCES FOR COUNTY YIELDS

.—For the 2018 crop

year and each crop year thereafter, the Secretary shall make

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

publicly available information describing, for the most recent

crop year—

‘‘(A) the sources of data used to calculate county yields

under subsection (c)(2)(A) for each covered commodity—

‘‘(i) by county; and

‘‘(ii) nationally; and

‘‘(B) the number and outcome of occurrences in which

the Farm Service Agency reviewed, changed, or determined

not to change a source of data used to calculate county

yields under subsection (c)(2)(A).

‘‘(i) A

DMINISTRATIVE

NITS

.—

‘‘(1) I

N GENERAL

.—For purposes of agriculture risk coverage

payments in the case of county coverage, a county may be di-

vided into not greater than 2 administrative units in accord-

ance with this subsection.

‘‘(2) E

LIGIBLE COUNTIES

.—A county that may be divided

into administrative units under this subsection is a county

that—

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

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

‘‘(3) E

LECTIONS

.—Before making any agriculture risk cov-

erage payments for the 2019 crop year, the Farm Service Agency

State committee, in consultation with the Farm Service Agency

county or area committee of a county described in paragraph

(2), may make a 1-time election to divide the county into admin-

istrative units under this subsection along a boundary that bet-

ter reflects differences in weather patterns, soil types, or other

factors.

‘‘(4) L

IMITATION

.—The Secretary shall—

‘‘(A) limit the number of counties that may be divided

into administrative units under paragraph (3) to 25 coun-

ties; and

‘‘(B) give preference to the division of counties that have

greater variation in climate, soils, and expected produc-

tivity between the proposed administrative units.

‘‘(5) A

DMINISTRATION

.—For purposes of providing agri-

culture risk coverage payments in the case of county coverage,

the Secretary shall consider an administrative unit elected

under paragraph (3) to be a county for the 2019 through 2023

crop years.’’.

SEC. 1108. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF

UPLAND COTTON.

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

repealed.

Subtitle B—Marketing Loans

SEC. 1201. EXTENSIONS.

(a) I

ENERAL

.—Section 1201(b)(1) of the Agricultural Act of

2014 (7 U.S.C. 9031(b)(1)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

(b) R

EPAYMENT

.—Section 1204 of the Agricultural Act of 2014

(7 U.S.C. 9034) is amended—

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(1) in subsection (e)(2)(B), in the matter preceding clause

(i), by striking ‘‘2019’’and inserting ‘‘2024’’; and

(2) in subsection (g), by striking ‘‘2018’’ and inserting

‘‘2023’’.

OAN

EFICIENCY

AYMENTS

.—

(1) E

XTENSION

.—Section 1205(a)(2)(B) of the Agricultural

Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

(2) P

AYMENTS IN LIEU OF LDPS

.—Section 1206 of the Agri-

cultural Act of 2014 (7 U.S.C. 9036) is amended in subsections

(a) and (d) by striking ‘‘2018’’ each place it appears and insert-

ing ‘‘2023’’.

SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE

LOANS.

(a) I

ENERAL

.—Section 1202 of the Agricultural Act of 2014

(7 U.S.C. 9032) is amended—

(1) in subsection (a), by striking the subsection heading and

inserting ‘‘

2014 THROUGH 2018 CROP YEARS

’’;

(2) by redesignating subsections (b) and (c) as subsections

(3) by inserting after subsection (a) the following:

‘‘(b) 2019 T

HROUGH

2023 C

ROP

EARS

.—For purposes of each of

the 2019 through 2023 crop years, the loan rate for a marketing as-

sistance loan under section 1201 for a loan commodity shall be

equal to the following:

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

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

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

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

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

‘‘(6)(A) Subject to subparagraphs (B) and (C), in the case of

base quality of upland cotton, the simple average of the ad-

justed prevailing world price for the 2 immediately preceding

marketing years, as determined by the Secretary and an-

nounced October 1 preceding the next domestic planting.

‘‘(B) Except as provided in subparagraph (C), the loan rate

determined under subparagraph (A) may not equal less than an

amount equal to 98 percent of the loan rate for base quality of

upland cotton for the preceding year.

‘‘(C) The loan rate determined under subparagraph (A) may

not be equal to an amount—

‘‘(i) less than $0.45 per pound; or

‘‘(ii) more than $0.52 per pound.

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

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

‘‘(9) In the case of medium grain rice, $7.00 per hundred-

weight.

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

‘‘(11) In the case of other oilseeds, $10.09 per hundred-

weight for each of the following kinds of oilseeds:

‘‘(A) Sunflower seed.

‘‘(B) Rapeseed.

‘‘(C) Canola.

‘‘(D) Safflower.

‘‘(E) Flaxseed.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(F) Mustard seed.

‘‘(G) Crambe.

‘‘(H) Sesame seed.

‘‘(I) Other oilseeds designated by the Secretary.

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

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

‘‘(14) In the case of small chickpeas, $10.00 per hundred-

weight.

‘‘(15) In the case of large chickpeas, $14.00 per hundred-

weight.

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

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

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

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

‘‘(20) In the case of peanuts, $355 per ton.’’; and

(4) in subsection (c) (as so redesignated), by striking ‘‘sub-

section (a)(11)’’ and inserting ‘‘subsections (a)(11) and (b)(11)’’.

(b) C

ONFORMING

MENDMENT

.—Section 1204(h)(1) of the Agri-

cultural Act of 2014 (7 U.S.C. 9034(h)(1)) is amended by striking

‘‘section 1202(a)(20)’’ and inserting ‘‘subsection (a)(20) or (b)(20), as

applicable, of section 1202’’.

SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS.

(a) 2008 A

UTHORITY

.—Section 1207 of the Food, Conservation,

and Energy Act of 2008 (7 U.S.C. 8737) is amended by striking sub-

section (c).

(b) 2014 A

UTHORITY

.—Section 1207(c) of the Agricultural Act of

2014 (7 U.S.C. 9037(c)) is amended by striking the subsection head-

ing and inserting ‘‘E

CONOMIC

DJUSTMENT

SSISTANCE FOR

TILE

ILLS

’’.

SEC. 1204. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STA-

PLE COTTON.

(a) I

ENERAL

.—Section 1208(a) of the Agricultural Act of

2014 (7 U.S.C. 9038(a)) is amended in the matter preceding para-

graph (1) by striking ‘‘2019’’ and inserting ‘‘2024’’.

(b) P

AYMENTS

NDER

ROGRAM

; T

RIGGER

.—Section 1208(b)(2)

of the Agricultural Act of 2014 (7 U.S.C. 9038(b)(2)) is amended by

striking ‘‘134 percent’’ and inserting ‘‘113 percent’’.

SEC. 1205. AVAILABILITY OF RECOURSE LOANS.

(a) I

ENERAL

.—Section 1209 of the Agricultural Act of 2014

(7 U.S.C. 9039) is amended in subsections (a)(2) and (b) by striking

‘‘2018’’ each place it appears and inserting ‘‘2023’’.

(b) R

ECOURSE

OANS

VAILABLE FOR

ONTAMINATED

OMMOD

ITIES

.—Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039)

is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:

‘‘(c) R

ECOURSE

OANS

VAILABLE FOR

ONTAMINATED

OMMOD

ITIES

.—In the case of a loan commodity that is ineligible for 100

percent of the nonrecourse marketing loan rate in the county due to

a determination that the commodity is contaminated yet still mer-

chantable, for each of the 2019 through 2023 crops of such loan

commodity, the Secretary shall make available recourse commodity

loans, at the rate provided under section 1202, on any production.’’.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Subtitle C—Sugar

SEC. 1301. SUGAR POLICY.

(a) S

UGAR

ROGRAM

.—

(1) S

UGARCANE

.—Section 156(a) of the Federal Agriculture

Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is

amended—

(A) in paragraph (3), by striking ‘‘and’’ at the end;

(B) in paragraph (4), by striking the period at the end

and inserting ‘‘; and’’; and

‘‘(5) 19.75 cents per pound for raw cane sugar for each of

the 2019 through 2023 crop years.’’.

(2) S

UGAR BEETS

.—Section 156(b)(2) of the Federal Agri-

culture Improvement and Reform Act of 1996 (7 U.S.C.

7272(b)(2)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

(3) E

FFECTIVE PERIOD

.—Section 156(i) of the Federal Agri-

culture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i))

is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

(b) F

LEXIBLE

ARKETING

LLOTMENTS FOR

UGAR

.—

(1) S

UGAR ESTIMATES

.—Section 359b(a)(1) of the Agricul-

tural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amend-

ed by striking ‘‘2018’’ and inserting ‘‘2023’’.

(2) E

FFECTIVE PERIOD

.—Section 359l(a) of the Agricultural

Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

Subtitle D—Dairy Margin Coverage and

Other Dairy Related Provisions

SEC. 1401. DAIRY MARGIN COVERAGE.

(a) R

EVIEW OF

ATA

SED IN

ALCULATION OF

VERAGE

EED

OST

.—Not later than 60 days after the date of the enactment of

this Act, the Secretary shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report evaluating the extent

to which the average cost of feed used by a dairy operation to

produce a hundredweight of milk calculated by the Secretary as re-

quired by section 1402(a) of the Agricultural Act of 2014 (7 U.S.C.

9052(a)) is representative of actual dairy feed costs.

(b) C

ORN

ILAGE

EPORT

.—Not later than 1 year after the date

of the enactment of this Act, the Secretary shall submit to the Com-

mittee on Agriculture of the House of Representatives and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

detailing the costs incurred by dairy operations in the use of corn

silage as feed, and the difference between the feed cost of corn silage

and the feed cost of corn.

OLLECTION OF

LFALFA

ATA

.—Not later than 120

days after the date of the enactment of this Act, the Secretary, acting

through the National Agricultural Statistics Service, shall revise

monthly price survey reports to include prices for high-quality al-

falfa hay in the top five milk producing States, as measured by vol-

ume of milk produced during the previous month.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(d) R

EGISTRATION OF

ULTIPRODUCER

AIRY

PERATIONS

.—

Section 1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b))

is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by striking paragraph (3) and inserting the following:

‘‘(3) E

LECTION PERIOD FOR 2019 CALENDAR YEAR

.—For the

2019 calendar year, the Secretary shall—

‘‘(A) open the election period not later than 60 days

after the effective date described in section 1401(m) of the

Agriculture Improvement Act of 2018; and

‘‘(B) hold that election period open for not less than 90

days.

‘‘(4) T

REATMENT OF MULTIPRODUCER DAIRY OPERATION

.—

‘‘(A) I

N GENERAL

.—If a participating dairy operation is

operated by more than 1 dairy producer, the dairy pro-

ducers of the dairy operation who elect to participate shall

be treated as a single dairy operation for purposes of par-

ticipating in dairy margin coverage.

‘‘(B) R

ULE OF CONSTRUCTION

.—Subparagraph (A) shall

not be construed to allow a producer to adjust the propor-

tion of their share covered under tier I or tier II premiums

from the proportion covered for the operation.’’.

(e) R

ELATION TO

IVESTOCK

ROSS

ARGIN FOR

AIRY

GRAM

.—

(1) I

N GENERAL

.—Section 1404 of the Agricultural Act of

2014 (7 U.S.C. 9054) is amended by striking subsection (d).

(2) R

ETROACTIVE PROGRAM OPTION

.—Section 1404(b)(2) of

the Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended—

(A) by striking ‘‘The Secretary’’ and inserting the fol-

lowing:

‘‘(A) I

N GENERAL

.—The Secretary’’; and

(B) by adding at the end the following:

‘‘(B) R

ETROACTIVE PROGRAM OPTION

.—In the case of a

dairy operation that, by operation of subsection (d) (as in

effect on the day before the date of enactment of the Agri-

culture Improvement Act of 2018), was ineligible to partici-

pate in the margin protection program for any part of cal-

endar year 2018, the Secretary shall establish a new elec-

tion period for that calendar year that ends on a date that

is not less than 90 days after the date of enactment of the

Agriculture Improvement Act of 2018 and the Secretary de-

termines is necessary for dairy operations to make new elec-

tions to participate in the margin protection program (as in

effect on the day before the date of enactment of the Agri-

culture Improvement Act of 2018) for that calendar year,

including dairy operations that elected to participate in the

livestock gross margin for dairy program under the Federal

Crop Insurance Act (7 U.S.C. 1501 et seq.) before the date

of enactment of the Bipartisan Budget Act of 2018 (Public

Law 115–123).’’.

(f) P

RODUCTION

ISTORY OF

ARTICIPATING

AIRY

PERA

TORS

.—

(1) A

DJUSTMENT

.—Section 1405 of the Agricultural Act of

2014 (7 U.S.C. 9055) is amended—

(A) in subsection (a)—

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(i) in paragraph (2), by striking ‘‘In subsequent

years’’ and inserting ‘‘In the subsequent calendar years

ending before January 1, 2019’’; and

(ii) in paragraph (3), by inserting ‘‘, as applicable’’

after ‘‘paragraph (2)’’; and

(B) in subsection (b)—

(i) by redesignating paragraphs (1) and (2) as sub-

paragraphs (A) and (B), respectively, and indenting ap-

propriately;

(ii) in the matter preceding subparagraph (A) (as

so redesignated), by striking ‘‘In the case’’ and inserting

the following:

‘‘(1) D

AIRY OPERATIONS WITH LESS THAN 1 YEAR OF PRODUC

TION HISTORY

.—In the case’’; and

(iii) by adding at the end the following:

‘‘(2) D

AIRY OPERATIONS WITH 1 YEAR OR MORE OF PRODUC

TION HISTORY

.—In the case of a participating dairy operation

that was not in operation prior to January 1, 2014, that has not

established a production history, and that has been in operation

for equal to or longer than 1 year, the participating dairy oper-

ation shall elect the annual milk marketings during any 1 cal-

endar year to determine the production history of the partici-

pating dairy operation.

‘‘(3) A

DJUSTMENT

.—The Secretary shall adjust the produc-

tion history of a participating dairy operation determined under

paragraph (1) or (2) to reflect any increase or decrease in the

national average milk production relative to calendar year

2017.’’.

(2) L

IMITATION ON CHANGES TO BUSINESS STRUCTURE

.—

Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is

amended by adding at the end the following new subsection:

‘‘(d) L

IMITATION ON

HANGES TO

USINESS

TRUCTURE

.—The

Secretary may not make dairy margin coverage payments to a par-

ticipating dairy operation if the Secretary determines that the par-

ticipating dairy operation has reorganized the structure of such op-

eration solely for the purpose of qualifying as a new operation under

subsection (b).’’.

(g) C

OVERAGE

EVEL

HRESHOLD AND

OVERAGE

ERCENT

AGE

.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056)

is amended by striking subsection (a) and inserting the following:

‘‘(a) C

OVERAGE

EVEL

HRESHOLD AND

OVERAGE

ERCENT

AGE

.—

‘‘(1) C

OVERAGE LEVEL THRESHOLD

.—

‘‘(A) I

N GENERAL

.—For purposes of receiving dairy

margin coverage payments for a month, a participating

dairy operation shall annually elect a coverage level thresh-

old that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50,

$7.00, $7.50, $8.00, $8.50, $9.00, or $9.50.

‘‘(B) A

PPLICABILITY

.—Except as provided in subpara-

graph (C), the coverage level threshold elected under sub-

paragraph (A) shall apply to the covered production elected

by the participating dairy operation under paragraph (2).

‘‘(C) S

ECOND COVERAGE ELECTION FOR TIER II

.—In the

case of a participating dairy operation that elects a cov-

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

erage level threshold of $8.50, $9.00, or $9.50 under sub-

paragraph (A)—

‘‘(i) that coverage level threshold shall apply to the

first 5,000,000 pounds of milk marketings included in

the covered production elected by the participating

dairy operation; and

‘‘(ii) the participating dairy operation shall elect a

coverage level threshold that is equal to $4.00, $4.50,

$5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to

apply to milk marketings in excess of 5,000,000 pounds

included in the covered production elected by the par-

ticipating dairy operation.

‘‘(2) C

OVERAGE PERCENTAGE

.—For purposes of receiving

dairy margin coverage payments for a month, a participating

dairy operation shall annually elect a percentage of coverage, in

5-percent increments, not exceeding 95 percent of the production

history of the participating dairy operation.’’.

(h) P

RODUCER

REMIUMS

.—Section 1407 of the Agricultural Act

of 2014 (7 U.S.C. 9057) is amended—

(1) in subsection (b), by striking paragraphs (2) and (3) and

inserting the following:

‘‘(2) P

RODUCER PREMIUMS

.—Except as provided in sub-

section (g), the following annual premiums apply:

‘‘Coverage Level Premium per Cwt.

$4.00 None

$4.50 $0.0025

$5.00 $0.005

$5.50 $0.030

$6.00 $0.050

$6.50 $0.070

$7.00 $0.080

$7.50 $0.090

$8.00 $0.100

$8.50 $0.105

$9.00 $0.110

$9.50 $0.150’’; and

(2) in subsection (c), by striking paragraph (2) and insert-

ing the following:

‘‘(2) P

RODUCER PREMIUMS

.—Except as provided in sub-

section (g), the following annual premiums apply:

‘‘Coverage Level Premium per Cwt.

$4.00 None

$4.50 $0.0025

$5.00 $0.005

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘Coverage Level Premium per Cwt.

$5.50 $0.100

$6.00 $0.310

$6.50 $0.650

$7.00 $1.107

$7.50 $1.413

$8.00 $1.813’’.

(i) R

EPAYMENT OF

REMIUMS

.—Section 1407 of the Agricultural

Act of 2014 (7 U.S.C. 9057) is amended by adding at the end the

following:

‘‘(f) R

EPAYMENT OF

REMIUMS

.—

‘‘(1) I

N GENERAL

.—Each dairy operation described in para-

graph (2) shall be eligible to receive a repayment from the Sec-

retary in an amount equal to the difference between—

‘‘(A) the total amount of premiums paid by the partici-

pating dairy operation under this section for each applica-

ble calendar year; and

‘‘(B) the total amount of payments made to the partici-

pating dairy operation under section 1406 for that calendar

year.

‘‘(2) E

LIGIBILITY

.—A dairy operation that is eligible to re-

ceive a repayment under paragraph (1) is a dairy operation

that—

‘‘(A) participated in the margin protection program, as

in effect for any of calendar years 2014 through 2017; and

‘‘(B) submits to the Secretary an application for the re-

payment at such time, in such manner, and containing

such information as the Secretary may require.

‘‘(3) M

ETHOD OF REPAYMENT

.—A dairy operation that is eli-

gible to receive a repayment under paragraph (1) shall elect to

receive the repayment—

‘‘(A) in an amount equal to 75 percent of the repayment

calculated under that paragraph as credit that may be

used by the dairy operation for dairy margin coverage pre-

miums; or

‘‘(B) in an amount equal to 50 percent of the repayment

calculated under that paragraph as a direct cash repay-

ment.

‘‘(4) A

PPLICABILITY

.—Paragraph (1) shall only apply to a

calendar year during the period of calendar years 2014 through

2017 for which the amount described in subparagraph (A) of

that paragraph is greater than the amount described in sub-

paragraph (B) of that paragraph.’’.

(j) P

REMIUM

ISCOUNT

.—Section 1407 of the Agricultural Act of

2014 (7 U.S.C. 9057) (as amended by subsection (i)) is amended by

adding at the end the following:

‘‘(g) P

REMIUM

ISCOUNT

.—The premium per hundredweight

specified in the tables contained in subsections (b) and (c) for each

coverage level shall be reduced by 25 percent in accordance with the

following:

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(1) I

N GENERAL

.—For each of calendar years 2019 through

2023, for a participating dairy operation that makes a 1-time

election of coverage level in a tier and of a percentage of cov-

erage under section 1406(a) for the 5-year period beginning in

January 2019.

‘‘(2) N

EW DAIRY OPERATIONS

.—For each applicable calendar

year through 2023, for a participating dairy operation that—

‘‘(A) establishes a production history pursuant to sec-

tion 1405(b); and

‘‘(B) makes a 1-time election of coverage level in a tier

and of a percentage of coverage under section 1406(a) for

the period beginning with the first available calendar year

and ending in December 2023.

‘‘(3) F

ULL PARTICIPATION REQUIRED

.—Notwithstanding the

annual elections under section 1406(a)—

‘‘(A) a 1-time enrollment under this subsection shall re-

main in effect for the full duration applicable to a partici-

pating dairy operation in accordance with paragraph (1) or

(2)(B), as applicable; and

‘‘(B) a participating dairy operation that makes a 1-

time enrollment under this subsection and is noncompliant

under section 1408 shall be subject to that section.’’.

(k) C

ONFORMING

MENDMENTS

ELATED TO

ROGRAM

AME

.—

(1) H

EADING

.—The heading of part I of subtitle D of title

I of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat.

688) is amended to read as follows:

‘‘PART I—DAIRY MARGIN COVERAGE’’.

(2) D

EFINITIONS

.—Section 1401 of the Agricultural Act of

2014 (7 U.S.C. 9051) is amended—

(A) by striking paragraphs (5) and (6) and inserting

the following new paragraphs:

‘‘(5) D

AIRY MARGIN COVERAGE

.—The term ‘dairy margin

coverage’ means the dairy margin coverage program required by

section 1403.

‘‘(6) D

AIRY MARGIN COVERAGE PAYMENT

.—The term ‘dairy

margin coverage payment’ means a payment made to a partici-

pating dairy operation under dairy margin coverage pursuant

to section 1406.’’; and

(B) in paragraphs (7) and (8), by striking ‘‘the margin

protection program’’ both places it appears and inserting

‘‘dairy margin coverage’’.

(3) C

ALCULATION OF ACTUAL DAIRY PRODUCTION MARGIN

.—

Section 1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.

9052(b)(1)) is amended in the matter preceding subparagraph

(A) by striking ‘‘the margin protection program’’ and inserting

‘‘dairy margin coverage’’.

(4) P

ROGRAM OPERATION

.—Section 1403 of the Agricultural

Act of 2014 (7 U.S.C. 9053) is amended—

(A) by striking the section heading and inserting

‘‘

DAIRY MARGIN COVERAGE

’’;

(B) by striking ‘‘Not later than September 1, 2014, the

Secretary shall establish and administer a margin protec-

tion program’’ and inserting the following:

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(a) I

ENERAL

.—The Secretary shall continue to administer

a dairy margin coverage program’’;

‘‘margin protection payment’’ both places it appears and in-

serting ‘‘dairy margin coverage payment’’; and

(D) by adding at the end the following:

‘‘(b) R

EGULATIONS

.—Subpart A of part 1430 of title 7, Code of

Federal Regulations (as in effect on the date of enactment of the Ag-

riculture Improvement Act of 2018), shall remain in effect for dairy

margin coverage beginning with the 2019 calendar year, except to

the extent that the regulations are inconsistent with any provision

of this Act.’’.

(5) P

ARTICIPATION

.—Section 1404 of the Agricultural Act of

2014 (7 U.S.C. 9054) is amended—

(A) in the section heading, by striking ‘‘

MARGIN PRO

TECTION PROGRAM

’’ and inserting ‘‘

DAIRY MARGIN COV

ERAGE

’’;

(B) in subsection (a), by striking ‘‘the margin protection

program to receive margin protection payments’’ and insert-

ing ‘‘dairy margin coverage to receive dairy margin cov-

erage payments’’; and

protection program’’ each place it appears and inserting

‘‘dairy margin coverage’’.

(6) P

RODUCTION HISTORY

.—Section 1405 of the Agricultural

Act of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1)

and (c) by striking ‘‘the margin protection program’’ each place

it appears and inserting ‘‘dairy margin coverage’’.

(7) P

AYMENTS

.—Section 1406 of the Agricultural Act of

2014 (7 U.S.C. 9056) is amended—

(A) in the section heading, by striking ‘‘

MARGIN PRO

TECTION

’’ and inserting ‘‘

DAIRY MARGIN COVERAGE

’’;

(B) by striking ‘‘margin protection’’ each place it ap-

pears and inserting ‘‘dairy margin coverage’’; and

GIN

ROTECTION

’’.

(8) P

REMIUMS

.—Section 1407 of the Agricultural Act of

2014 (7 U.S.C. 9057) is amended—

(A) in the section heading, by striking ‘‘

MARGIN PRO

TECTION PROGRAM

’’ and inserting ‘‘

DAIRY MARGIN COV

ERAGE

’’;

(B) in subsection (a), in the matter preceding para-

graph (1), by striking ‘‘the margin protection program’’ and

inserting ‘‘dairy margin coverage’’;

ing ‘‘dairy margin coverage’’; and

(D) in subsection (e)—

(i) by striking ‘‘the margin protection program’’

both places it appears and inserting ‘‘dairy margin cov-

erage’’; and

(ii) in paragraph (2), by striking ‘‘integrity of the

program’’ and inserting ‘‘integrity of dairy margin cov-

erage’’.

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(9) F

AILURE TO PAY ADMINISTRATIVE FEES OR PREMIUMS

.—

Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is

amended—

(A) in subsection (a)(2), by striking ‘‘margin protection’’

and inserting ‘‘dairy margin coverage’’; and

(B) in subsection (b), by striking ‘‘the margin protection

program’’ and inserting ‘‘dairy margin coverage’’.

(10) A

DMINISTRATION AND ENFORCEMENT

.—Section 1410 of

the Agricultural Act of 2014 (7 U.S.C. 9060) is amended—

(A) in subsections (a) and (c), by striking ‘‘the margin

protection program’’ each place it appears and inserting

‘‘dairy margin coverage’’; and

(B) in subsection (b), by striking ‘‘margin protection’’

and inserting ‘‘dairy margin coverage’’.

(l) D

URATION

.—Section 1409 of the Agricultural Act of 2014 (7

U.S.C. 9059) is amended—

(1) by striking ‘‘The margin protection program’’ and insert-

ing ‘‘Dairy margin coverage’’; and

(2) by striking ‘‘2018’’ and inserting ‘‘2023’’.

(m) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on January 1, 2019.

SEC. 1402. REAUTHORIZATIONS.

(a) F

ORWARD

RICING

.—Section 1502(e) of the Food, Conserva-

tion, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—

(1) in paragraph (1), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in paragraph (2), by striking ‘‘2021’’ and inserting

‘‘2026’’.

(b) I

NDEMNITY

ROGRAM

.—Section 3 of Public Law 90–484 (7

U.S.C. 4553) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

ROMOTION AND

ESEARCH

.—Section 113(e)(2) of the Dairy

Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amend-

ed by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 1403. CLASS I SKIM MILK PRICE.

(a) C

LASS

I S

KIM

ILK

RICE

.—Section 8c(5)(A) of the Agricul-

tural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amend-

ments by the Agricultural Marketing Agreement Act of 1937, is

amended by striking ‘‘Throughout’’ in the third sentence and all

that follows through the period at the end of the fourth sentence and

inserting ‘‘Throughout the 2-year period beginning on the effective

date of this sentence (and subsequent to such 2-year period unless

modified by amendment to the order involved), for purposes of deter-

mining prices for milk of the highest use classification, the Class I

skim milk price per hundredweight specified in section 1000.50(b)

of title 7, Code of Federal Regulations (or successor regulations),

shall be the sum of the adjusted Class I differential specified in sec-

tion 1000.52 of such title 7 (or successor regulations), plus the ad-

justment to Class I prices specified in sections 1005.51(b),

1006.51(b), and 1007.51(b) of such title 7 (or successor regulations),

plus the simple average of the advanced pricing factors computed in

sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor

regulations), plus $0.74.’’.

(b) E

FFECTIVE

ATE AND

MPLEMENTATION

.—

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(1) E

FFECTIVE DATE

.—The amendment made by subsection

(a) shall take effect on the first day of the first month beginning

more than 120 days after the date of enactment of this Act.

(2) I

MPLEMENTATION

.—Implementation of the amendment

made by subsection (a) shall not be subject to any of the fol-

lowing:

(A) The notice and comment provisions of section 553

of title 5, United States Code.

(B) The notice and hearing requirements of section

8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)),

reenacted with amendments by the Agricultural Marketing

Agreement Act of 1937.

8c(17) of that Act (7 U.S.C. 608c(17)).

(D) A referendum under section 8c(19) of that Act (7

U.S.C. 608c(19)).

SEC. 1404. DAIRY PRODUCT DONATION.

(a) R

EPEAL OF

AIRY

RODUCT

ONATION

ROGRAM

.—Section

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

(b) M

ILK

ONATION

ROGRAM

.—

(1) I

N GENERAL

.—Part III of subtitle D of title I of the Agri-

cultural Act of 2014 (Public Law 113–79; 128 Stat. 695) is

amended to read as follows:

‘‘PART III—MILK DONATION PROGRAM

‘‘SEC. 1431. MILK DONATION PROGRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE DAIRY ORGANIZATION

.—The term ‘eligible

dairy organization’ means a dairy farmer (either individually

or as part of a cooperative), or a dairy processor, who—

‘‘(A) accounts to a Federal milk marketing order

marketwide pool; and

‘‘(B) incurs qualified expenses under subsection (e).

‘‘(2) E

LIGIBLE DISTRIBUTOR

.—The term ‘eligible distributor’

means a public or private nonprofit organization that distrib-

utes donated eligible milk.

‘‘(3) E

LIGIBLE MILK

.—The term ‘eligible milk’ means Class

I fluid milk products produced and processed in the United

States.

‘‘(4) E

LIGIBLE PARTNERSHIP

.—The term ‘eligible partner-

ship’ means a partnership between an eligible dairy organiza-

tion and an eligible distributor.

‘‘(5) P

ARTICIPATING PARTNERSHIP

.—The term ‘participating

partnership’ means an eligible partnership for which the Sec-

retary has approved a donation and distribution plan for eligi-

ble milk under subsection (c)(2).

‘‘(b) P

ROGRAM

EQUIRED

; P

URPOSES

.—Not later than 180 days

after the date of enactment of the Agriculture Improvement Act of

2018, the Secretary shall establish and administer a milk donation

program for the purposes of—

‘‘(1) encouraging the donation of eligible milk;

‘‘(2) providing nutrition assistance to individuals in low-in-

come groups; and

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

‘‘(3) reducing food waste.

‘‘(c) D

ONATION AND

ISTRIBUTION

LANS

.—

‘‘(1) I

N GENERAL

.—To be eligible to receive reimbursement

under subsection (d), an eligible partnership shall submit to the

Secretary a donation and distribution plan that—

‘‘(A) describes the process that the eligible partnership

will use for the donation, processing, transportation, tem-

porary storage, and distribution of eligible milk;

‘‘(B) includes an estimate of the quantity of eligible

milk that the eligible partnership will donate each year,

based on—

‘‘(i) preplanned donations; and

‘‘(ii) contingency plans to address unanticipated

donations; and

‘‘(C) describes the rate at which the eligible partnership

will be reimbursed, which shall be based on a percentage

of the limitation described in subsection (e)(2), not to exceed

100 percent.

‘‘(2) R

EVIEW AND APPROVAL

.—Not less frequently than an-

nually, the Secretary shall—

‘‘(A) review donation and distribution plans submitted

under paragraph (1); and

‘‘(B) determine whether to approve or disapprove each

of those donation and distribution plans.

‘‘(d) R

EIMBURSEMENT

.—

‘‘(1) I

N GENERAL

.—On receipt of appropriate documentation

under paragraph (2), the Secretary shall reimburse an eligible

dairy organization that is a member of a participating partner-

ship on a regular basis for qualified expenses described in sub-

section (e).

‘‘(2) D

OCUMENTATION

.—

‘‘(A) I

N GENERAL

.—An eligible dairy organization shall

submit to the Secretary such documentation as the Sec-

retary may require to demonstrate the qualified expenses

described in subsection (e) of the eligible dairy organiza-

tion.

‘‘(B) V

ERIFICATION

.—The Secretary may verify the accu-

racy of documentation submitted under subparagraph (A)

by spot checks and audits.

‘‘(3) R

ETROACTIVE REIMBURSEMENT

.—In providing reim-

bursements under paragraph (1), the Secretary may provide re-

imbursements for qualified expenses incurred before the date on

which the donation and distribution plan for the applicable

participating partnership was approved by the Secretary.

‘‘(e) Q

UALIFIED

XPENSES

.—

‘‘(1) I

N GENERAL

.—The amount of a reimbursement under

subsection (d) shall be an amount equal to the product of—

‘‘(A) the quantity of eligible milk donated by the eligible

dairy organization under a donation and distribution plan

approved by the Secretary under subsection (c); and

‘‘(B) subject to the limitation under paragraph (2), the

rate described in that donation and distribution plan under

subsection (c)(1)(C).

‘‘(2) L

IMITATION

.—Expenses eligible for reimbursement

under subsection (d) shall not exceed the value that an eligible

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

dairy organization incurred by accounting to the Federal milk

marketing order pool at the difference in the Class I milk value

and the lowest classified price for the applicable month (either

Class III milk or Class IV milk).

‘‘(f) P

REAPPROVAL

.—

‘‘(1) I

N GENERAL

.—The Secretary shall—

‘‘(A) establish a process for an eligible partnership to

apply for preapproval of donation and distribution plans

under subsection (c); and

‘‘(B) not less frequently than annually, preapprove an

amount for qualified expenses described in subsection (e)

that the Secretary will allocate for reimbursement under

each donation and distribution plan preapproved under

subparagraph (A), based on an assessment of—

‘‘(i) the feasibility of the plan; and

‘‘(ii) the extent to which the plan advances the pur-

poses described in subsection (b).

‘‘(2) P

REFERENCE

.—In preapproving amounts for reim-

bursement under paragraph (1)(B), the Secretary shall give

preference to eligible partnerships that will provide funding

and in-kind contributions in addition to the reimbursements.

‘‘(3) A

DJUSTMENTS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall adjust or in-

crease amounts preapproved for reimbursement under

paragraph (1)(B) based on performance and demand.

‘‘(B) R

EQUESTS FOR INCREASE

.—

‘‘(i) I

N GENERAL

.—The Secretary shall establish a

procedure for a participating partnership to request an

increase in the amount preapproved for reimbursement

under paragraph (1)(B) based on changes in condi-

tions.

‘‘(ii) I

NTERIM APPROVAL

;

INCREMENTAL INCREASE

.—

The Secretary may provide an interim approval of an

increase requested under clause (i) and an incremental

increase in the amount of reimbursement to the appli-

cable participating partnership to allow time for the

Secretary to review the request without interfering with

the donation and distribution of eligible milk by the

participating partnership.

‘‘(g) P

ROHIBITION ON

ESALE OF

RODUCTS

.—

‘‘(1) I

N GENERAL

.—An eligible distributor that receives eligi-

ble milk donated under this section may not sell the products

back into commercial markets.

‘‘(2) P

ROHIBITION ON FUTURE PARTICIPATION

.—An eligible

distributor that the Secretary determines has violated para-

graph (1) shall not be eligible for any future participation in the

program established under this section.

‘‘(h) A

DMINISTRATION

.—The Secretary shall publicize opportuni-

ties to participate in the program established under this section.

‘‘(i) R

EVIEWS

.—The Secretary shall conduct appropriate reviews

or audits to ensure the integrity of the program established under

this section.

‘‘(j) F

UNDING

.—Of the funds of the Commodity Credit Corpora-

tion, the Secretary shall use to carry out this section $9,000,000 for

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

fiscal year 2019, and $5,000,000 for each fiscal year thereafter, to

remain available until expended.’’.

(2) C

ONFORMING AMENDMENT

.—Section 1401 of the Agri-

cultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter

preceding paragraph (1), by striking ‘‘and part III’’.

Subtitle E—Supplemental Agricultural

Disaster Assistance

SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.

(a) M

EMBERS OF

NDIAN

RIBES

.—Section 1501(a)(1)(B) of the

Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended—

(1) by redesignating clauses (iii) and (iv) as clauses (iv) and

(v), respectively; and

(2) by inserting after clause (ii) the following:

‘‘(iii) an Indian tribe or tribal organization (as

those terms are defined in section 4 of the Indian Self-

Determination and Education Assistance Act (25

U.S.C. 5304));’’.

(b) C

OVERED

IVESTOCK

OSSES FOR

IVESTOCK

NDEMNITY

AYMENTS

.—Section 1501(b) of the Agricultural Act of 2014 (7

U.S.C. 9081(b)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘or’’ at the end of subparagraph (A);

(B) in subparagraph (B), by striking ‘‘cold.’’ and insert-

ing ‘‘cold, on the condition that in the case of the death loss

of unweaned livestock due to that adverse weather, the Sec-

retary may disregard any management practice, vaccina-

tion protocol, or lack of vaccination by the eligible producer

on a farm; or’’; and

graph:

‘‘(C) disease that, as determined by the Secretary—

‘‘(i) is caused or transmitted by a vector; and

‘‘(ii) is not susceptible to control by vaccination or

acceptable management practices.’’; and

(2) in paragraph (4), by striking ‘‘A payment’’ and inserting

‘‘P

AYMENT REDUCTIONS

.—A payment’’.

MERGENCY

SSISTANCE FOR

IVESTOCK

, H

ONEY

EES

AND

ARM

RAISED

ISH

.—

(1) I

N GENERAL

.—Section 1501(d)(2) of the Agricultural Act

of 2014 (7 U.S.C. 9081(d)(2)) is amended by inserting ‘‘, includ-

ing inspections of cattle tick fever’’ before the period at the end.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall apply to inspections of cattle tick fever conducted on

or after the date of enactment of this Act.

(d) T

REE

SSISTANCE

ROGRAM

.—Section 1501(e) of the Agri-

cultural Act of 2014 (7 U.S.C. 9081(e)) is amended—

(1) in paragraph (3), in the matter preceding subparagraph

(A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)

and (5)’’; and

(2) by adding at the end the following:

‘‘(5) P

AYMENT RATE FOR BEGINNING AND VETERAN PRO

DUCERS

.—Subject to paragraph (4), in the case of a beginning

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

farmer or rancher or a veteran farmer or rancher (as those

terms are defined in subsection (a) of section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279)) that is eligible to receive assistance under this sub-

section, the Secretary shall provide reimbursement of 75 percent

of the costs under subparagraphs (A)(i) and (B) of paragraph

(3).’’.

(e) P

AYMENT

IMITATION

.—Section 1501(f)(2) of the Agricultural

Act of 2014 (7 U.S.C. 9081(f)(2)) is amended by striking ‘‘this section

(excluding payments received under subsections (b) and (e))’’ and in-

serting ‘‘subsection (c)’’.

Subtitle F—Noninsured Crop Assistance

SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.

Section 196 of the Federal Agriculture Improvement and Re-

form Act of 1996 (7 U.S.C. 7333) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by adding at the end the fol-

lowing:

‘‘(C) D

ATA COLLECTION AND SHARING

.—The Secretary

shall coordinate with the Administrator of the Risk Man-

agement Agency on the type and format of data received

under the noninsured crop disaster assistance program

that—

‘‘(i) best facilitates the use of that data in devel-

oping policies or plans of insurance offered under the

Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

and

‘‘(ii) ensures the availability of that data on a reg-

ular basis.

‘‘(D) C

OORDINATION

.—The Secretary shall coordinate

between the agencies of the Department that provide pro-

grams or services to farmers and ranchers that are poten-

tially eligible for the noninsured crop disaster assistance

program under this section—

‘‘(i) to make available coverage under—

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

‘‘(II) the premium discount under subsection

(l)(3); and

‘‘(ii) to share eligibility information to reduce pa-

perwork and avoid duplication.’’;

(B) in paragraph (2), by striking subparagraph (A) and

inserting the following:

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), in this

section, the term ‘eligible crop’ means each commercial crop

or other agricultural commodity that is produced for food

or fiber (except livestock) for which catastrophic risk protec-

tion under subsection (b) of section 508 of the Federal Crop

Insurance Act (7 U.S.C. 1508) and additional coverage

under subsections (c) and (h) of such section are not avail-

able or, if such coverage is available, it is only available

under a policy that provides coverage for specific intervals

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

based on weather indexes or under a whole farm plan of in-

surance.’’; and

(i) by striking clause (i) and inserting the fol-

lowing:

‘‘(i) I

N GENERAL

.—

‘‘(I) A

GRICULTURAL ACT OF 2014

.—During the

first 4 crop years of planting, as determined by the

Secretary, native sod acreage that has been tilled

for the production of an annual crop during the

period beginning on February 8, 2014, and ending

on the date of enactment of the Agriculture Im-

provement Act of 2018 shall be subject to a reduc-

tion in benefits under this section as described in

this subparagraph.

‘‘(II) S

UBSEQUENT YEARS

.—Native sod acreage

that has been tilled for the production of an eligi-

ble crop after the date of enactment of the Agri-

culture Improvement Act of 2018 shall be subject

to a reduction in benefits under this section as de-

scribed in this subparagraph for not more than

any 4 crop years—

‘‘(aa) during the first 10 crop years after

the initial tillage; and

‘‘(bb) during which a crop on that acreage

is enrolled under subsection (l)(2) or (k).’’; and

(ii) in clause (iii)(I), by striking ‘‘transitional yield

of the producer’’ and inserting ‘‘county expected yield’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘not later than 30

days’’ and inserting ‘‘by an appropriate deadline’’; and

(B) by adding at the end the following:

‘‘(4) S

TREAMLINED SUBMISSION PROCESS

.—The Secretary

shall establish a streamlined process for the submission of

records and acreage reports under paragraphs (2) and (3) for

diverse production systems such as those typical of urban pro-

duction systems, other small-scale production systems, and di-

rect-to-consumer production systems.’’;

(3) in subsection (d)—

(A) by redesignating paragraphs (1), (2), and (3) as

paragraphs (2), (3), and (4), respectively;

(B) by inserting before paragraph (2) (as so redesig-

nated) the following:

‘‘(1) the producer’s share of the total acres devoted to the eli-

gible crop; by’’; and

‘‘established yield for the crop’’ and inserting ‘‘approved

yield for the crop, as determined by the Secretary’’;

(4) in subsection (e)—

(A) in paragraph (1), by striking ‘‘farm’’ and inserting

‘‘approved’’;

(B) in paragraph (2)—

(i) in the second sentence—

(I) by inserting ‘‘approved’’ before ‘‘yield’’; and

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

(II) by striking ‘‘Subject’’ and inserting the fol-

lowing:

‘‘(B) C

ALCULATION

.—Subject’’; and

(ii) in the matter preceding subparagraph (B) (as

so designated)—

(I) by striking ‘‘yield coverage’’ and inserting

‘‘an approved yield’’; and

(II) by striking ‘‘The Secretary’’ and inserting

the following:

‘‘(A) I

N GENERAL

.—The Secretary’’; and

the producer’’ and inserting ‘‘county expected yield’’;

(5) in subsection (i)(2), by striking ‘‘exceed $125,000’’ and

inserting the following: ‘‘exceed—

‘‘(A) in the case of catastrophic coverage under sub-

section (c), $125,000; and

‘‘(B) in the case of additional coverage under subsection

(l), $300,000’’;

(6) in subsection (k)(1)—

(A) in subparagraph (A), by striking ‘‘$250’’ and insert-

ing ‘‘$325’’; and

(B) in subparagraph (B)—

(i) by striking ‘‘$750’’ and inserting ‘‘$825’’; and

(ii) by striking ‘‘$1,875’’ and inserting ‘‘$1,950’’;

and

(7) in subsection (l)—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (A), (B), and

(ii) by inserting before subparagraph (B) (as so re-

designated) the following:

‘‘(A) the producer’s share of the total acres devoted to

the crop;’’; and

(iii) in subparagraph (C) (as so redesignated), by

inserting ‘‘, contract price, or other premium price

(such as a local, organic, or direct market price, as

elected by the producer)’’ after ‘‘price’’;

(B) in paragraph (2)(B)(i)—

(i) in subclause (IV), by striking ‘‘and’’ at the end;

(ii) in subclause (V), by striking ‘‘or’’ at the end

and inserting ‘‘and’’; and

(iii) by adding at the end the following:

‘‘(VI) the producer’s share of the crop; or’’;

(D) by redesignating paragraph (4) as paragraph (3).

Subtitle G—Administration

SEC. 1701. REGULATIONS.

Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C.

9091(c)(2)) is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘title and sections 11003 and 11017’’ and inserting ‘‘title, sec-

tions 11003 and 11017, title I of the Agriculture Improvement

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

Act of 2018 and the amendments made by that title, and section

10109 of that Act’’;

(2) in subparagraph (A), by adding ‘‘and’’ at the end;

(3) in subparagraph (B), by striking ‘‘; and’’ and inserting

a period; and

(4) by striking subparagraph (C).

SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.

Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092) is

amended by striking ‘‘2018’’ each place it appears and inserting

‘‘2023’’.

SEC. 1703. PAYMENT LIMITATIONS.

(a) I

ENERAL

.—Section 1001 of the Food Security Act of 1985

(7 U.S.C. 1308) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘section 1001 of the

Food, Conservation, and Energy Act of 2008’’ and inserting

‘‘section 1111 of the Agricultural Act of 2014 (7 U.S.C.

9011)’’; and

(B) in paragraph (2), by inserting ‘‘first cousin, niece,

nephew,’’ after ‘‘sibling,’’;

(2) in subsections (b) and (c), by striking ‘‘and as marketing

loan gains or loan deficiency payments under subtitle B of title

I of the Agricultural Act of 2014’’ each place it appears and in-

serting ‘‘of the Agricultural Act of 2014 (7 U.S.C. 9016, 9017)’’;

and

(3) in subsection (f), by adding at the end the following:

‘‘(9) A

DMINISTRATION OF REDUCTION

.—The Secretary shall

apply any order described in section 1614(d)(1) of the Agricul-

tural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under sec-

tions 1116 and 1117 of that Act (7 U.S.C. 9016, 9017) prior to

applying payment limitations under this section.’’.

(b) A

PPLICATION

.—The amendments made by this section shall

apply beginning with the 2019 crop year.

SEC. 1704. ADJUSTED GROSS INCOME LIMITATIONS.

(a) W

AIVER

.—Section 1001D(b) of the Food Security Act of 1985

(7 U.S.C. 1308–3a(b)) is amended—

(1) in paragraph (2)(C), by inserting ‘‘title II of the Agri-

culture Improvement Act of 2018,’’ after ‘‘under’’; and

(2) by adding at the end the following:

‘‘(3) W

AIVER

.—The Secretary may waive the limitation es-

tablished by paragraph (1) with respect to a payment pursuant

to a covered benefit described in paragraph (2)(C), on a case-

by-case basis, if the Secretary determines that environmentally

sensitive land of special significance would be protected as a re-

sult of such waiver.’’.

(b) C

ONFORMING

MENDMENT

.—Section 1001D(b)(1) of the Food

Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)) is amended by insert-

ing ‘‘subject to paragraph (3),’’ after ‘‘of law,’’.

RANSITION

.—Section 1001D of the Food Security Act of

1985 (7 U.S.C. 1308–3a), as in effect on the day before the date of

enactment of this Act, shall apply with respect to the 2018 crop, fis-

cal, or program year, as appropriate, for each program described in

subsection (b)(2) of that section (as so in effect on that day).

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

SEC. 1705. FARM SERVICE AGENCY ACCOUNTABILITY.

(a) I

ENERAL

.—Not later than 1 year after the date of enact-

ment of this Act, the Secretary shall establish policies, procedures,

and plans to improve program accountability and integrity through

targeted and coordinated activities, including utilizing data mining

to identify and reduce errors, waste, fraud, and abuse in programs

administered by the Farm Service Agency.

(b) R

EPORT

.—Not later than 3 years after the date of enactment

of this Act, the Secretary shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report describing

the progress and results of the activities conducted under subsection

(a).

SEC. 1706. IMPLEMENTATION.

(a) M

AINTENANCE OF

ASE

CRES AND

AYMENT

IELDS

.—Sec-

tion 1614(a) of the Agricultural Act of 2014 (7 U.S.C. 9097(a)) is

amended by inserting ‘‘, and as adjusted pursuant to sections 1112

and 1113’’ before the period at the end.

(b) S

TREAMLINING

.—Section 1614 of the Agricultural Act of

2014 (7 U.S.C. 9097) is amended by striking subsection (b) and in-

serting the following:

‘‘(b) S

TREAMLINING

.—In implementing this title and the amend-

ments made by this title, the Secretary shall—

‘‘(1) continue to reduce administrative burdens and costs to

producers by streamlining and reducing paperwork, forms, and

other administrative requirements, to ensure that—

‘‘(A) a producer (or an agent of a producer) may report

information, electronically (including geospatial data) or

conventionally, to the Department of Agriculture, subject to

the Secretary—

‘‘(i) establishing reasonable levels of tolerance that

reflect the differences in accuracy between measures of

common land units and geospatial data; and

‘‘(ii) ensuring that discrepancies that occur within

the levels of tolerance established under clause (i) shall

not be used to penalize a producer (or an agent of a

producer) under any program administered by the De-

partment of Agriculture;

‘‘(B) on the request of a producer (or an agent of a pro-

ducer), the Department of Agriculture electronically shares

with the producer (or agent) in real time and without cost

to the producer (or agent) the common land unit data, re-

lated farm level data, conservation practices, and other in-

formation of the producer through a single Department of

Agriculture-wide login;

‘‘(C) not later than September 30, 2020, the Adminis-

trator of the Risk Management Agency and the Adminis-

trator of the Farm Service Agency shall implement a con-

sistent method for determining crop acreage, acreage yields,

farm acreage, property descriptions, and other common in-

formational requirements, including measures of common

land units;

‘‘(D) except in the case of misrepresentation, fraud, or

scheme and device, no crop insurance agent, approved in-

surance provider, or employee or contractor of a crop insur-

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

ance agency or approved insurance provider bears responsi-

bility or liability under the Acreage Crop Reporting and

Streamlining Initiative (or any successor or similar initia-

tive) for the eligibility of a producer for a program adminis-

tered by the Department of Agriculture, not including a pol-

icy or plan of insurance offered under the Federal Crop In-

surance Act (7 U.S.C. 1501 et seq.); and

‘‘(E) on request of a crop insurance agent or approved

insurance provider required to deliver policies and plans of

insurance under the Federal Crop Insurance Act (7 U.S.C.

1501 et seq.) the crop insurance agent or approved insur-

ance provider receives, in a timely manner, any information

held by the Farm Service Agency that is necessary to ensure

effective crop insurance coverage for farmer customers;

‘‘(2) continue to improve coordination, information sharing,

and administrative work among the Farm Service Agency, Risk

Management Agency, Natural Resources Conservation Service,

and other agencies, as determined by the Secretary;

‘‘(3) continue to take advantage of new technologies to en-

hance the efficiency and effectiveness of the delivery of Depart-

ment of Agriculture programs to producers, including by devel-

oping and making publicly available data standards and secu-

rity procedures to allow third-party providers to develop appli-

cations that use or feed data (including geospatial and preci-

sion agriculture data) into the datasets and analyses of the De-

partment of Agriculture; and

‘‘(4) reduce administrative burdens on producers partici-

pating in price loss coverage or agriculture risk coverage by of-

fering—

‘‘(A) those producers an option to remotely and elec-

tronically sign annual contracts for that coverage; and

‘‘(B) to the maximum extent practicable, an option to

sign a multiyear contract for that coverage.’’.

MPLEMENTATION

.—Section 1614(c) of the Agricultural Act of

2014 (7 U.S.C. 9097(c)) is amended by adding at the end the fol-

lowing:

‘‘(4) A

GRICULTURE IMPROVEMENT ACT OF 2018

.—The Sec-

retary shall make available to the Farm Service Agency to carry

out title I of the Agriculture Improvement Act of 2018 and the

amendments made by that title $15,500,000.’’.

(d) L

OAN

MPLEMENTATION

.—Section 1614(d)(1) of the Agricul-

tural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by striking

‘‘under subtitles’’ and all that follows through ‘‘except’’ and inserting

‘‘under subtitle B or C, under the amendments made by subtitle B

or C, or under the amendments made by subtitle B or C of the Agri-

culture Improvement Act of 2018, except’’.

(e) D

EOBLIGATION OF

NLIQUIDATED

BLIGATIONS

.—Section

1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended by

adding at the end the following:

‘‘(e) D

EOBLIGATION OF

NLIQUIDATED

BLIGATIONS

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (3), any payment

obligated or otherwise made available by the Secretary under

this title on or after the date of enactment of the Agriculture Im-

provement Act of 2018 that is not disbursed to the recipient by

O:\RYA\RYA18A16.xml [file 2 of 13] S.L.C.

the date that is 5 years after the date on which the payment is

obligated or otherwise made available shall—

‘‘(A) be deobligated; and

‘‘(B) revert to the Treasury.

‘‘(2) O

UTSTANDING PAYMENTS

.—

‘‘(A) I

N GENERAL

.—Subject to paragraph (3), any pay-

ment obligated or otherwise made available by the Farm

Service Agency (or any predecessor agency of the Depart-

ment of Agriculture) under the laws described in subpara-

graph (B) before the date of enactment of the Agriculture

Improvement Act of 2018, that is not disbursed by the date

that is 5 years after the date on which the payment is obli-

gated or otherwise made available shall—

‘‘(i) be deobligated; and

‘‘(ii) revert to the Treasury.

‘‘(B) L

AWS DESCRIBED

.—The laws referred to in sub-

paragraph (A) are any of the following:

‘‘(i) This title.

‘‘(ii) Title I of the Food, Conservation, and Energy

Act of 2008 (7 U.S.C. 8702 et seq.).

‘‘(iii) Title I of the Farm Security and Rural In-

vestment Act of 2002 (7 U.S.C. 7901 et seq.).

‘‘(iv) The Agricultural Market Transition Act (7

U.S.C. 7201 et seq.).

‘‘(v) Titles I through XI of the Food, Agriculture,

Conservation, and Trade Act of 1990 (Public Law 101–

624; 104 Stat. 3374) and the amendments made by

those titles.

‘‘(vi) Titles I through X of the Food Security Act of

1985 (Public Law 99–198; 99 Stat. 1362) and the

amendments made by those titles.

‘‘(vii) Titles I through XI of the Agriculture and

Food Act of 1981 (Public Law 97–98; 95 Stat. 1218)

and the amendments made by those titles.

‘‘(viii) Titles I through X of the Food and Agri-

culture Act of 1977 (Public Law 95–113; 91 Stat. 917)

and the amendments made by those titles.

‘‘(3) W

AIVER

.—The Secretary may delay the date of the

deobligation and reversion under paragraph (1) or (2) of any

payment—

‘‘(A) that is the subject of—

‘‘(i) ongoing administrative review or appeal;

‘‘(ii) litigation; or

‘‘(iii) the settlement of an estate; or

‘‘(B) for which the Secretary otherwise determines that

the circumstances are such that the delay is equitable.’’.

(f) R

EPORT

.—Section 1614 of the Agricultural Act of 2014 (7

U.S.C. 9097) (as amended by subsection (e)) is amended by adding

at the end the following:

‘‘(f) R

EPORT

.—Not later than January 1, 2020, and each Janu-

ary 1 thereafter through January 1, 2023, the Secretary shall sub-

mit to the Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry of the

Senate a report that describes the tilled native sod acreage that was

subject to a reduction in benefits under section 196(a)(4)(B) of the

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333(a)(4)(B) and section 508(o)(2) of the Federal Crop Insurance

Act (7 U.S.C. 1508(o)(2))—

‘‘(1) as of the date of submission of the report; and

‘‘(2) by State and county, relative to the total acres of crop-

land in the State or county.’’.

SEC. 1707. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS

FOR CERTAIN PRODUCERS.

(a) D

EFINITION OF

XEMPTED

RODUCER

.—In this section, the

term ‘‘exempted producer’’ means an individual or entity that is eli-

gible to participate in—

(1) a conservation program under title II or a law amended

by title II;

(2) an indemnity or disease control program under the Ani-

mal Health Protection Act (7 U.S.C. 8301 et seq.) or the Plant

Protection Act (7 U.S.C. 7701 et seq.); or

(3) a commodity program under title I of the Agricultural

Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance

provided to users of cotton under sections 1207(c) and 1208 of

that Act (7 U.S.C. 9037(c), 9038).

(b) E

XEMPTION

.—Notwithstanding the Federal Funding Ac-

countability and Transparency Act of 2006 (Public Law 109–282; 31

U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2,

Code of Federal Regulations (or successor regulations), shall not

apply with respect to assistance received by an exempted producer

from the Secretary, acting through the Chief of the Natural Re-

sources Conservation Service, the Administrator of the Animal and

Plant Health Inspection Service, or the Administrator of the Farm

Service Agency.

TITLE II—CONSERVATION

Subtitle A—Wetland Conservation

SEC. 2101. WETLAND CONVERSION.

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

3821(d)) is amended—

(1) by striking ‘‘Except as’’ and inserting the following:

‘‘(1) I

N GENERAL

.—Except as’’; and

(2) by adding at the end the following:

‘‘(2) D

UTY OF THE SECRETARY

.—No person shall become in-

eligible under paragraph (1) if the Secretary determines that an

exemption under section 1222(b) applies to that person.’’.

SEC. 2102. WETLAND CONSERVATION.

Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.

3822(c)) is amended—

(1) by striking ‘‘No program’’ and inserting the following:

‘‘(1) I

N GENERAL

.—No program’’;

(2) in paragraph (1) (as so designated), by inserting ‘‘,

which, except as provided in paragraph (2), shall be conducted

in the presence of the affected person’’ before the period at the

end; and

(3) by adding at the end the following:

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(2) E

XCEPTION

.—The Secretary may conduct an on-site

visit under paragraph (1) without the affected person present if

the Secretary has made a reasonable effort to include the pres-

ence of the affected person at the on-site visit.’’.

SEC. 2103. MITIGATION BANKING.

Section 1222(k)(1)(B) of the Food Security Act of 1985 (16

U.S.C. 3822(k)(1)(B)) is amended to read as follows:

‘‘(B) A

UTHORIZATION OF APPROPRIATIONS

.—There is au-

thorized to be appropriated to the Secretary to carry out

this paragraph $5,000,000 for each of fiscal years 2019

through 2023.’’.

Subtitle B—Conservation Reserve Program

SEC. 2201. CONSERVATION RESERVE.

(a) I

ENERAL

.—Section 1231(a) of the Food Security Act of

1985 (16 U.S.C. 3831(a)) is amended by striking ‘‘2018’’ and insert-

ing ‘‘2023’’.

(b) E

LIGIBLE

AND

.—Section 1231(b) of the Food Security Act of

1985 (16 U.S.C. 3831(b)) is amended—

(1) in paragraph (1)(B), by striking ‘‘Agricultural Act of

2014 (except for land enrolled in the conservation reserve pro-

gram as of that date)’’ and inserting ‘‘Agriculture Improvement

Act of 2018, on the condition that the Secretary shall consider

to be planted cropland enrolled in the conservation reserve pro-

gram’’;

(2) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively;

(3) by inserting after paragraph (3) the following:

‘‘(4) cropland, marginal pasture land, and grasslands that

will have a positive impact on water quality and will be de-

voted to—

‘‘(A) a grass sod waterway;

‘‘(B) a contour grass sod strip;

‘‘(C) a prairie strip;

‘‘(D) a filterstrip;

‘‘(E) a riparian buffer;

‘‘(F) a wetland or a wetland buffer;

‘‘(G) a saturated buffer;

‘‘(H) a bioreactor; or

‘‘(I) another similar water quality practice, as deter-

mined by the Secretary;’’;

(4) in paragraph (5) (as so redesignated)—

(A) in subparagraph (C), by striking ‘‘or filterstrips or

riparian buffers devoted to trees, shrubs, or grasses’’ and

inserting ‘‘salt tolerant vegetation, field borders, or prac-

tices to benefit State or federally identified wellhead protec-

tion areas’’; and

(B) in subparagraph (E), by striking ‘‘or’’ after the

semicolon;

(5) in paragraph (6) (as so redesignated), in subparagraph

(B)(ii), by striking the period at the end and inserting ‘‘; or’’;

and

(6) by adding at the end the following:

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(7) as determined by the Secretary, land—

‘‘(A) that was enrolled in the conservation reserve pro-

gram under a 15-year contract that expired on September

30, 2017, or September 30, 2018;

‘‘(B) for which there was no opportunity for additional

enrollment in that program; and

‘‘(C) on which the conservation practice under the ex-

pired contract under subparagraph (A) is maintained.’’.

NROLLMENT

.—Section 1231(d) of the Food Security Act of

1985 (16 U.S.C. 3831(d)) is amended—

(1) in paragraph (1), by striking subparagraphs (A)

through (E) and inserting the following:

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

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

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

‘‘(D) fiscal year 2022, not more than 25,500,000 acres;

and

‘‘(E) fiscal year 2023, not more than 27,000,000 acres.’’;

(2) in paragraph (2)—

(A) by striking subparagraphs (A) and (B) and insert-

ing the following:

‘‘(A) L

IMITATION

.—For purposes of applying the limita-

tions in paragraph (1)—

‘‘(i) the Secretary shall enroll and maintain in the

conservation reserve not fewer than 2,000,000 acres of

the land described in subsection (b)(3) by September

30, 2023; and

‘‘(ii) in carrying out clause (i), to the maximum ex-

tent practicable, the Secretary shall maintain in the

conservation reserve at any one time during—

‘‘(I) fiscal year 2019, 1,000,000 acres;

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

‘‘(III) fiscal years 2021 through 2023,

2,000,000 acres.

‘‘(B) P

RIORITY

.—In enrolling acres under subparagraph

(A), the Secretary may give priority to land, as determined

by the Secretary—

‘‘(i) with expiring conservation reserve contracts;

‘‘(ii) at risk of conversion or development; or

‘‘(iii) of ecological significance, including land

that—

‘‘(I) may assist in the restoration of threatened

or endangered species under the Endangered Spe-

cies Act of 1973 (16 U.S.C. 1531 et seq.);

‘‘(II) may assist in preventing a species from

being listed as a threatened or endangered species

under the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.); or

‘‘(III) improves or creates wildlife habitat cor-

ridors.’’;

(B) in subparagraph (C)—

(i) by striking ‘‘In enrolling’’ and inserting the fol-

lowing:

‘‘(i) I

N GENERAL

.—In enrolling’’;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(ii) in clause (i) (as so designated), by striking ‘‘a

continuous’’ and inserting ‘‘an annual’’; and

(iii) by adding at the end the following:

‘‘(ii) T

IMING OF GRASSLAND RANKING PERIOD

.—For

purposes of grasslands described in subsection (b)(3),

the Secretary shall announce at least 1 ranking period

subsequent to the announcement of general enrollment

offers.’’; and

‘‘(D) R

ESERVATION OF UNENROLLED ACRES

.—If the Sec-

retary is unable in a fiscal year to enroll enough acres of

land described in subsection (b)(3) to meet the number of

acres described in clause (ii) or (iii) of subparagraph (A) for

the fiscal year—

‘‘(i) the Secretary shall reserve the remaining num-

ber of acres for that fiscal year for the enrollment of

land described in subsection (b)(3); and

‘‘(ii) that number of acres shall not be available for

the enrollment of any other type of eligible land.’’; and

(3) by adding at the end the following:

‘‘(3) W

ATER QUALITY PRACTICES TO FOSTER CLEAN LAKES

ESTUARIES

AND RIVERS (CLEAR INITIATIVE)

.—

‘‘(A) I

N GENERAL

.—The Secretary shall give priority

within continuous enrollment under paragraph (6) to the

enrollment of land described in subsection (b)(4).

‘‘(B) S

EDIMENT AND NUTRIENT LOADINGS

.—In carrying

out subparagraph (A), the Secretary shall give priority to

the implementation of practices on land that, if enrolled,

will help reduce sediment loadings, nutrient loadings, and

harmful algal blooms, as determined by the Secretary.

‘‘(C) A

CREAGE

.—

‘‘(i) I

N GENERAL

.—Of the acres maintained in the

conservation reserve in accordance with paragraph (1),

to the maximum extent practicable, not less than 40

percent of acres enrolled in the conservation reserve

using continuous enrollment under paragraph (6) shall

be of land described in subsection (b)(4).

‘‘(ii) L

IMITATION

.—The acres described in clause (i)

shall not include grasslands described in subsection

(b)(3).

‘‘(D) R

EPORT

.—The Secretary shall—

‘‘(i) in the monthly publication of the Secretary de-

scribing conservation reserve program statistics, in-

clude a description of enrollments through the priority

under this paragraph; and

‘‘(ii) publish on the website of the Farm Service

Agency an annual report describing a summary of,

with respect to the enrollment priority under this para-

graph—

‘‘(I) new enrollments;

‘‘(II) expirations;

‘‘(III) geographic distribution; and

‘‘(IV) estimated water quality benefits.

‘‘(4) S

TATE ENROLLMENT RATES

.—At the beginning of each

of fiscal years 2019 through 2023, to the maximum extent prac-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

ticable, the Secretary shall allocate to the States proportionately

60 percent of the available number of acres each year for enroll-

ment in the conservation reserve, in accordance with historical

State enrollment rates, taking into consideration—

‘‘(A) the average number of acres of all land enrolled

in the conservation reserve in each State during each of fis-

cal years 2007 through 2016;

‘‘(B) the average number of acres of all land enrolled

in the conservation reserve nationally during each of fiscal

years 2007 through 2016; and

‘‘(C) the acres available for enrollment during each of

fiscal years 2019 through 2023, excluding acres described

in paragraph (2).

‘‘(5) F

REQUENCY

.—In carrying out this subchapter, for con-

tracts that are not available on a continuous enrollment basis,

the Secretary shall hold a signup and enrollment not less often

than once each year.

‘‘(6) C

ONTINUOUS ENROLLMENT PROCEDURE

.—

‘‘(A) I

N GENERAL

.—To the maximum extent practicable,

the Secretary shall allow producers to submit applications

on a continuous basis for enrollment in—

‘‘(i) the conservation reserve of—

‘‘(I) marginal pasture land described in sub-

section (b)(2);

‘‘(II) land described in subsection (b)(4); and

‘‘(III) cropland described in subsection (b)(5);

and

‘‘(ii) the conservation reserve enhancement program

under section 1231A.

‘‘(B) L

IMITATION

.—For purposes of applying the limita-

tions in paragraph (1)—

‘‘(i) the Secretary shall, to the maximum extent

practicable, enroll and maintain not fewer than

8,600,000 acres of land under subparagraph (A) by

September 30, 2023; and

‘‘(ii) in carrying out clause (i), to the maximum ex-

tent practicable, the Secretary shall maintain in the

conservation reserve at any one time during—

‘‘(I) fiscal year 2019, 8,000,000 acres;

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

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

‘‘(IV) fiscal years 2022 and 2023, 8,600,000

acres.’’.

(d) E

LIGIBILITY FOR

ONSIDERATION

.—Section 1231(h) of the

Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended—

(1) by striking ‘‘On the expiration’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—On the expiration’’; and

(2) by adding at the end the following:

‘‘(2) R

EENROLLMENT LIMITATION FOR CERTAIN LAND

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), land subject to a contract entered into under this sub-

chapter shall be eligible for only one reenrollment in the

conservation reserve under paragraph (1) if the land is de-

voted to hardwood trees.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(B) E

XCLUSIONS

.—Subparagraph (A) shall not apply

to—

‘‘(i) riparian forested buffers;

‘‘(ii) forested wetlands enrolled under subsection

(d)(3) or the conservation reserve enhancement program

under section 1231A; and

‘‘(iii) shelterbelts.’’.

SEC. 2202. CONSERVATION RESERVE ENHANCEMENT PROGRAM.

(a) I

ENERAL

.—Subchapter B of chapter 1 of subtitle D of

title XII of the Food Security Act of 1985 is amended by inserting

after section 1231 (16 U.S.C. 3831) the following:

‘‘SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) CREP.—The term ‘CREP’ means a conservation reserve

enhancement program carried out under subsection (b)(1).

‘‘(2) E

LIGIBLE LAND

.—The term ‘eligible land’ means land

that is eligible to be included in the program established under

this subchapter.

‘‘(3) E

LIGIBLE PARTNER

.—The term ‘eligible partner’

means—

‘‘(A) a State;

‘‘(B) a political subdivision of a State;

‘‘(C) an Indian tribe (as defined in section 4 of the In-

dian Self-Determination and Education Assistance Act (25

U.S.C. 5304)); or

‘‘(D) a nongovernmental organization.

‘‘(4) M

ANAGEMENT

.—The term ‘management’ means an ac-

tivity conducted by an owner or operator under a contract en-

tered into under this subchapter after the establishment of a

conservation practice on eligible land, to regularly maintain or

enhance the vegetative cover established by the conservation

practice—

‘‘(A) throughout the term of the contract; and

‘‘(B) consistent with the conservation plan that covers

the eligible land.

‘‘(b) A

GREEMENTS

.—

‘‘(1) I

N GENERAL

.—The Secretary may enter into an agree-

ment with an eligible partner to carry out a conservation re-

serve enhancement program—

‘‘(A) to assist in enrolling eligible land in the program

established under this subchapter; and

‘‘(B) that the Secretary determines will advance the

purposes of this subchapter.

‘‘(2) C

ONTENTS

.—An agreement entered into under para-

graph (1) shall—

‘‘(A) describe—

‘‘(i) 1 or more specific State or nationally signifi-

cant conservation concerns to be addressed by the

agreement;

‘‘(ii) quantifiable environmental goals for address-

ing the concerns under clause (i);

‘‘(iii) a suitable acreage goal for enrollment of eligi-

ble land under the agreement, as determined by the

Secretary;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(iv) the location of eligible land to be enrolled in

the project area identified under the agreement;

‘‘(v) the payments to be offered by the Secretary

and eligible partner to an owner or operator; and

‘‘(vi) an appropriate list of conservation reserve

program conservation practices that are appropriate to

meeting the concerns described under clause (i), as de-

termined by the Secretary in consultation with eligible

partners;

‘‘(B) subject to subparagraph (C), require the eligible

partner to provide matching funds—

‘‘(i) in an amount determined during a negotiation

between the Secretary and 1 or more eligible partners,

if the majority of the matching funds to carry out the

agreement are provided by 1 or more eligible partners

that are not nongovernmental organizations; or

‘‘(ii) in an amount not less than 30 percent of the

cost required to carry out the conservation measures

and practices described in the agreement, if a majority

of the matching funds to carry out the agreement are

provided by 1 or more nongovernmental organizations;

and

‘‘(C) include procedures to allow for a temporary waiv-

er of the matching requirements under subparagraph (B),

or continued enrollment with a temporary suspension of in-

centives or eligible partner contributions for new agree-

ments, during a period when an eligible partner loses the

authority or ability to provide matching contributions, if

the Secretary determines that the temporary waiver or con-

tinued enrollment with a temporary suspension will ad-

vance the purposes of this subchapter.

‘‘(3) E

FFECT ON EXISTING AGREEMENTS

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), an

agreement under this subsection shall not affect, modify, or

interfere with existing agreements under this subchapter.

‘‘(B) M

ODIFICATION OF EXISTING AGREEMENTS

.—To im-

plement this section, the signatories to an agreement under

this subsection may mutually agree to a modification of an

agreement entered into before the date of enactment of this

section under the Conservation Reserve Enhancement Pro-

gram established by the Secretary under this subchapter.

‘‘(c) P

AYMENTS

.—

‘‘(1) M

ATCHING REQUIREMENT

.—Funds provided by an eligi-

ble partner may be in cash, in-kind contributions, or technical

assistance, as determined by the Secretary.

‘‘(2) M

ARGINAL PASTURELAND COST

SHARE PAYMENTS

.—The

Secretary shall ensure that cost-share payments to an owner or

operator to install stream fencing, crossings, and alternative

water development on marginal pastureland under a CREP re-

flect the fair market value of the cost of installation.

‘‘(3) C

OST

SHARE AND PRACTICE INCENTIVE PAYMENTS

.—

‘‘(A) I

N GENERAL

.—On request of an owner or operator,

the Secretary shall provide cost-share payments when a

major component of a conservation practice is completed

under a CREP, as determined by the Secretary.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(B) E

XEMPTION

.—For purposes of implementing con-

servation practices on land enrolled under a CREP, the

Secretary may waive the contribution limitation described

in section 1234(b)(2)(A).

‘‘(4) R

IPARIAN BUFFER MANAGEMENT PAYMENTS

.—

‘‘(A) I

N GENERAL

.—In the case of an agreement under

subsection (b)(1) that includes riparian buffers as an eligi-

ble practice, the Secretary shall make cost-share payments

to encourage the regular management of the riparian buffer

throughout the term of the agreement, consistent with the

conservation plan that covers the eligible land.

‘‘(B) L

IMITATION

.—The amount of payments received by

an owner or operator under subparagraph (A) shall not be

greater than 100 percent of the normal and customary pro-

jected management cost, as determined by the Secretary, in

consultation with the applicable State technical committee

established under section 1261(a).

‘‘(d) F

ORESTED

IPARIAN

UFFER

RACTICE

.—

‘‘(1) F

OOD

PRODUCING WOODY PLANTS

.—In the case of an

agreement under subsection (b)(1) that includes forested ripar-

ian buffers as an eligible practice, the Secretary shall allow an

owner or operator—

‘‘(A) to plant food-producing woody plants in the for-

ested riparian buffers, on the conditions that—

‘‘(i) the plants shall contribute to the conservation

of soil, water quality, and wildlife habitat; and

‘‘(ii) the planting shall be consistent with—

‘‘(I) recommendations of the applicable State

technical committee established under section

1261(a); and

‘‘(II) technical guide standards of the applica-

ble field office of the Natural Resources Conserva-

tion Service; and

‘‘(B) to harvest from plants described in subparagraph

(A), on the conditions that—

‘‘(i) the harvesting shall not damage the conserving

cover or otherwise have a negative impact on the con-

servation concerns targeted by the CREP;

‘‘(ii) only native plant species appropriate to the re-

gion shall be used within 35 feet of the watercourse;

and

‘‘(iii) the producer shall be subject to a reduction in

the rental rate commensurate to the value of the crop

harvested.

‘‘(2) T

ECHNICAL ASSISTANCE

.—For the purpose of enrolling

forested riparian buffers in a CREP, the Administrator of the

Farm Service Agency shall coordinate with the applicable State

forestry agency.

‘‘(e) D

ROUGHT AND

ATER

ONSERVATION

GREEMENTS

.—In

the case of an agreement under subsection (b)(1) to address regional

drought concerns, in accordance with the conservation purposes of

the CREP, the Secretary, in consultation with the applicable State

technical committee established under section 1261(a), may—

‘‘(1) notwithstanding subsection (a)(2), enroll other agricul-

tural land on which the resource concerns identified in the

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

agreement can be addressed if the enrollment of the land is crit-

ical to the accomplishment of the purposes of the agreement;

‘‘(2) permit dryland agricultural uses with the adoption of

best management practices on enrolled land if the agreement in-

volves the significant long-term reduction of consumptive water

use and dryland production is compatible with the agreement;

and

‘‘(3) calculate annual rental payments consistent with exist-

ing administrative practice for similar drought and water con-

servation agreements under this subtitle and ensure regional

consistency in those rates.

‘‘(f) S

TATUS

EPORT

.—Not later than 180 days after the end of

each fiscal year, the Secretary shall submit to Congress a report

that describes, with respect to each agreement entered into under

subsection (b)(1)—

‘‘(1) the status of the agreement;

‘‘(2) the purposes and objectives of the agreement;

‘‘(3) the Federal and eligible partner commitments made

under the agreement; and

‘‘(4) the progress made in fulfilling those commitments.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Section 1240R(c)(3) of the Food Security Act of 1985 (16

U.S.C. 3839bb–5(c)(3)) is amended by striking ‘‘a special con-

servation reserve enhancement program described in section

1234(f)(4)’’ and inserting ‘‘a conservation reserve enhancement

program under section 1231A’’.

(2) Section 1244(f)(3) of the Food Security Act of 1985 (16

U.S.C. 3844(f)(3)) is amended by striking ‘‘subsection

(d)(2)(A)(ii) or (g)(2) of section 1234’’ and inserting ‘‘section

1231A’’.

SEC. 2203. FARMABLE WETLAND PROGRAM.

Section 1231B of the Food Security Act of 1985 (16 U.S.C.

3831b) is amended—

(1) in subsection (a)(1), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in subsection (f)(2), by striking ‘‘1234(d)(2)(A)(ii)’’ and

inserting ‘‘1234(d)’’.

SEC. 2204. PILOT PROGRAMS.

Subchapter B of chapter 1 of subtitle D of title XII of the Food

Security Act of 1985 is amended by inserting after section 1231B (16

U.S.C. 3831b) the following:

‘‘SEC. 1231C. PILOT PROGRAMS.

‘‘(a) CLEAR 30.—

‘‘(1) I

N GENERAL

.—

‘‘(A) E

NROLLMENT

.—The Secretary shall establish a

pilot program to enroll land in the conservation reserve

program through a 30-year conservation reserve contract

(referred to in this subsection as a ‘CLEAR 30 contract’) in

accordance with this subsection.

‘‘(B) I

NCLUSION OF ACREAGE LIMITATION

.—For purposes

of applying the limitations in section 1231(d)(1), the Sec-

retary shall include acres of land enrolled under this sub-

section.

‘‘(2) E

XPIRED CONSERVATION CONTRACT ELECTION

.—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(A) D

EFINITION OF COVERED CONTRACT

.—In this para-

graph, the term ‘covered contract’ means a contract entered

into under this subchapter that—

‘‘(i) expires on or after the date of enactment of the

Agriculture Improvement Act of 2018; and

‘‘(ii) covers land enrolled in the conservation re-

serve program under the clean lakes, estuaries, and

rivers priority described in section 1231(d)(3) (or the

predecessor practices that constitute the priority, as de-

termined by the Secretary).

‘‘(B) E

LECTION

.—On the expiration of a covered con-

tract, an owner or operator party to the covered contract

shall elect—

‘‘(i) not to reenroll the land under the contract;

‘‘(ii) to offer to reenroll the land under the contract

if the land remains eligible under the terms in effect as

of the date of expiration; or

‘‘(iii) not to reenroll the land under the contract

and to enroll that land through a CLEAR 30 contract

under this subsection.

‘‘(3) E

LIGIBLE LAND

.—Only land that is subject to an ex-

pired covered contract shall be eligible for enrollment through

a CLEAR 30 contract under this subsection.

‘‘(4) T

ERM

.—The term of a CLEAR 30 contract shall be 30

years.

‘‘(5) A

GREEMENTS

.—To be eligible to enroll land in the con-

servation reserve program through a CLEAR 30 contract, the

owner of the land shall enter into an agreement with the Sec-

retary—

‘‘(A) to implement a conservation reserve plan devel-

oped for the land;

‘‘(B) to comply with the terms and conditions of the

contract and any related agreements; and

‘‘(C) to temporarily suspend the base history for the

land covered by the contract.

‘‘(6) T

ERMS AND CONDITIONS OF CLEAR 30 CONTRACTS

.—

‘‘(A) I

N GENERAL

.—A CLEAR 30 contract shall include

terms and conditions that—

‘‘(i) permit—

‘‘(I) repairs, improvements, and inspections on

the land that are necessary to maintain existing

public drainage systems; and

‘‘(II) owners to control public access on the

land while identifying access routes to be used for

restoration activities and management and con-

tract monitoring;

‘‘(ii) prohibit—

‘‘(I) the alteration of wildlife habitat and other

natural features of the land, unless specifically au-

thorized by the Secretary as part of the conserva-

tion reserve plan;

‘‘(II) the spraying of the land with chemicals

or the mowing of the land, except where the spray-

ing or mowing is authorized by the Secretary or is

necessary—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(aa) to comply with Federal or State nox-

ious weed control laws;

‘‘(bb) to comply with a Federal or State

emergency pest treatment program; or

‘‘(cc) to meet habitat needs of specific wild-

life species;

‘‘(III) any activity to be carried out on the land

of the owner or successor that is immediately adja-

cent to, and functionally related to, the land that

is subject to the contract if the activity will alter,

degrade, or otherwise diminish the functional

value of the land; and

‘‘(IV) the adoption of any other practice that

would tend to defeat the purposes of the conserva-

tion reserve program, as determined by the Sec-

retary; and

‘‘(iii) include any additional provision that the Sec-

retary determines is appropriate to carry out this sec-

tion or facilitate the practical administration of this

section.

‘‘(B) V

IOLATION

.—On the violation of a term or condi-

tion of a CLEAR 30 contract, the Secretary may require the

owner to refund all or part of any payments received by the

owner under the conservation reserve program, with inter-

est on the payments, as determined appropriate by the Sec-

retary.

‘‘(C) C

OMPATIBLE USES

.—Land subject to a CLEAR 30

contract may be used for compatible economic uses, includ-

ing hunting and fishing, managed timber harvest, or peri-

odic haying or grazing, if the use—

‘‘(i) is specifically permitted by the conservation re-

serve plan developed for the land; and

‘‘(ii) is consistent with the long-term protection and

enhancement of the conservation resources for which

the contract was established.

‘‘(7) C

OMPENSATION

.—

‘‘(A) A

MOUNT OF PAYMENTS

.—The Secretary shall pro-

vide payment under this subsection to an owner of land en-

rolled through a CLEAR 30 contract using 30 annual pay-

ments in an amount equal to the amount that would be

used if the land were to be enrolled in the conservation re-

serve program under section 1231(d)(3).

‘‘(B) F

ORM OF PAYMENT

.—Compensation for a CLEAR

30 contract shall be provided by the Secretary in the form

of a cash payment in an amount determined under sub-

paragraph (A).

‘‘(C) T

IMING

.—The Secretary shall provide any annual

payment obligation under subparagraph (A) as early as

practicable in each fiscal year.

‘‘(D) P

AYMENTS TO OTHERS

.—The Secretary shall make

a payment, in accordance with regulations prescribed by

the Secretary, in a manner as the Secretary determines is

fair and reasonable under the circumstances, if an owner

who is entitled to a payment under this section—

‘‘(i) dies;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) becomes incompetent;

‘‘(iii) is succeeded by another person or entity who

renders or completes the required performance; or

‘‘(iv) is otherwise unable to receive the payment.

‘‘(8) T

ECHNICAL ASSISTANCE

.—

‘‘(A) I

N GENERAL

.—The Secretary shall assist owners in

complying with the terms and conditions of a CLEAR 30

contract.

‘‘(B) C

ONTRACTS OR AGREEMENTS

.—The Secretary may

enter into 1 or more contracts with private entities or agree-

ments with a State, nongovernmental organization, or In-

dian Tribe to carry out necessary maintenance of a CLEAR

30 contract if the Secretary determines that the contract or

agreement will advance the purposes of the conservation re-

serve program.

‘‘(9) A

DMINISTRATION

.—

‘‘(A) C

ONSERVATION RESERVE PLAN

.—The Secretary

shall develop a conservation reserve plan for any land sub-

ject to a CLEAR 30 contract, which shall include practices

and activities necessary to maintain, protect, and enhance

the conservation value of the enrolled land.

‘‘(B) D

ELEGATION OF CONTRACT ADMINISTRATION

.—

‘‘(i) F

EDERAL

STATE

OR LOCAL GOVERNMENT AGEN

CIES

.—The Secretary may delegate any of the manage-

ment, monitoring, and enforcement responsibilities of

the Secretary under this subsection to other Federal,

State, or local government agencies that have the ap-

propriate authority, expertise, and resources necessary

to carry out those delegated responsibilities.

‘‘(ii) C

ONSERVATION ORGANIZATIONS

.—The Sec-

retary may delegate any management responsibilities of

the Secretary under this subsection to conservation or-

ganizations if the Secretary determines the conserva-

tion organization has similar expertise and resources.

‘‘(b) S

OIL

EALTH AND

NCOME

ROTECTION

ILOT

ROGRAM

.—

‘‘(1) D

EFINITION OF ELIGIBLE LAND

.—In this subsection:

‘‘(A) I

N GENERAL

.—The term ‘eligible land’ means crop-

land that—

‘‘(i) is selected by the owner or operator of the land

for proposed enrollment in the pilot program under

this subsection; and

‘‘(ii) as determined by the Secretary—

‘‘(I) is located within 1 or more States that are

part of the prairie pothole region, as selected by the

Secretary based on consultation with State Com-

mittees of the Farm Service Agency and State tech-

nical committees established under section 1261(a)

from that region;

‘‘(II) had a cropping history or was considered

to be planted during each of the 3 crop years pre-

ceding enrollment; and

‘‘(III) is verified to be less-productive land, as

compared to other land on the applicable farm.

‘‘(B) E

XCLUSION

.—The term ‘eligible land’ does not in-

clude any land that was enrolled in a conservation reserve

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

program contract in any of the 3 crop years preceding en-

rollment in the pilot program under this subsection.

‘‘(2) E

STABLISHMENT

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish a vol-

untary soil health and income protection pilot program

under which eligible land is enrolled through the use of

contracts to assist owners and operators of eligible land to

conserve and improve the soil, water, and wildlife resources

of the eligible land.

‘‘(B) D

EADLINE FOR PARTICIPATION

.—Eligible land may

be enrolled in the program under this section through De-

cember 31, 2020.

‘‘(3) C

ONTRACTS

.—

‘‘(A) R

EQUIREMENTS

.—A contract described in para-

graph (2) shall—

‘‘(i) be entered into by the Secretary, the owner of

the eligible land, and (if applicable) the operator of the

eligible land; and

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

‘‘(I) the lowest practicable cost perennial con-

serving use cover crop for the eligible land, as de-

termined by the applicable State conservationist

after considering the advice of the applicable State

technical committee, shall be planted on the eligi-

ble land;

‘‘(II) except as provided in subparagraph (E),

the owner or operator of the eligible land shall pay

the cost of planting the conserving use cover crop

under subclause (I);

‘‘(III) subject to subparagraph (F), the eligible

land may be harvested for seed, hayed, or grazed

outside the primary nesting season established for

the applicable county;

‘‘(IV) the eligible land may be eligible for a

walk-in access program of the applicable State, if

any; and

‘‘(V) a nonprofit wildlife organization may pro-

vide to the owner or operator of the eligible land

a payment in exchange for an agreement by the

owner or operator not to harvest the conserving use

cover.

‘‘(B) P

AYMENTS

.—Except as provided in subparagraphs

(E) and (F)(ii)(II), the annual rental rate for a payment

under a contract described in paragraph (2) shall be equal

to 50 percent of the average rental rate for the applicable

county under section 1234(d), as determined by the Sec-

retary.

‘‘(C) L

IMITATION ON ENROLLED LAND

.—Not more than

15 percent of the eligible land on a farm may be enrolled

in the pilot program under this subsection.

‘‘(D) T

ERM

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause (ii),

each contract described in paragraph (2) shall be for a

term of 3, 4, or 5 years, as determined by the parties

to the contract.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) E

ARLY TERMINATION

.—

‘‘(I) S

ECRETARY

.—The Secretary may terminate

a contract described in paragraph (2) before the

end of the term described in clause (i) if the Sec-

retary determines that the early termination of the

contract is necessary.

‘‘(II) O

WNERS AND OPERATORS

.—An owner and

(if applicable) an operator of eligible land enrolled

in the pilot program under this subsection may ter-

minate a contract described in paragraph (2) be-

fore the end of the term described in clause (i) if

the owner and (if applicable) the operator pay to

the Secretary an amount equal to the amount of

rental payments received under the contract.

‘‘(E) B

EGINNING

LIMITED RESOURCE

SOCIALLY DIS

ADVANTAGED

OR VETERAN FARMERS AND RANCHERS

.—With

respect to a beginning, limited resource, socially disadvan-

taged, or veteran farmer or rancher, as determined by the

Secretary—

‘‘(i) a contract described in paragraph (2) shall

provide that, during the term of the contract, of the ac-

tual cost of establishment of the conserving use cover

crop under subparagraph (A)(ii)(I)—

‘‘(I) using the funds of the Commodity Credit

Corporation, the Secretary shall pay 50 percent;

and

‘‘(II) the beginning, limited resource, socially

disadvantaged, or veteran farmer or rancher shall

pay 50 percent; and

‘‘(ii) the annual rental rate for a payment under a

contract described in paragraph (2) shall be equal to

75 percent of the average rental rate for the applicable

county under section 1234(d), as determined by the

Secretary.

‘‘(F) H

ARVESTING

HAYING

AND GRAZING OUTSIDE AP

PLICABLE PERIOD

.—The harvesting for seed, haying, or

grazing of eligible land under subparagraph (A)(ii)(III) out-

side of the primary nesting season established for the appli-

cable county shall be subject to the conditions that—

‘‘(i) with respect to eligible land that is so hayed or

grazed, adequate stubble height shall be maintained to

protect the soil on the eligible land, as determined by

the applicable State conservationist after considering

the advice of the applicable State technical committee;

and

‘‘(ii) with respect to eligible land that is so har-

vested for seed—

‘‘(I) the eligible land shall not be eligible to be

insured or reinsured under the Federal Crop In-

surance Act (7 U.S.C. 1501 et seq.); and

‘‘(II) the rental payment otherwise applicable

to the eligible land under this subsection shall be

reduced by 25 percent.

‘‘(4) A

CREAGE LIMITATION

.—Of the number of acres avail-

able for enrollment in the conservation reserve under section

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

1231(d)(1), not more than 50,000 total acres of eligible land

may be enrolled under the pilot program under this subsection.

‘‘(5) R

EPORT

.—The Secretary shall submit to the Committee

on Agriculture of the House of Representatives and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate an

annual report describing the eligible land enrolled in the pilot

program under this subsection, including—

‘‘(A) the estimated conservation value of the land; and

‘‘(B) estimated savings from reduced commodity pay-

ments, crop insurance indemnities, and crop insurance pre-

mium subsidies.’’.

SEC. 2205. DUTIES OF OWNERS AND OPERATORS.

Section 1232(a) of the Food Security Act of 1985 (16 U.S.C.

3832(a)) is amended—

(1) by redesignating paragraphs (10) and (11) as para-

graphs (11) and (12), respectively; and

(2) by inserting after paragraph (9) the following:

‘‘(10) on land devoted to hardwood or other trees, excluding

windbreaks and shelterbelts, to carry out proper thinning and

other practices—

‘‘(A) to enhance the conservation benefits and wildlife

habitat resources addressed by the conservation practice

under which the land is enrolled; and

‘‘(B) to promote forest management;’’.

SEC. 2206. DUTIES OF THE SECRETARY.

(a) C

OST

-S

HARE AND

ENTAL

AYMENTS

.—Section 1233(a) of

the Food Security Act of 1985 (16 U.S.C. 3833(a)) is amended—

(1) in paragraph (1), by inserting ‘‘, including the cost of

fencing and other water distribution practices, if applicable’’

after ‘‘interest’’; and

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘in an amount necessary to compensate’’ and inserting

‘‘, in accordance with section 1234(d),’’;

(B) in subparagraph (A)—

(i) by inserting ‘‘, marginal pastureland,’’ after

‘‘cropland’’; and

(ii) by adding ‘‘or’’ at the end;

(D) by redesignating subparagraph (C) as subpara-

graph (B).

(b) S

PECIFIED

CTIVITIES

ERMITTED

.—Section 1233 of the

Food Security Act of 1985 (16 U.S.C. 3833) is amended by striking

subsection (b) and inserting the following:

‘‘(b) S

PECIFIED

CTIVITIES

ERMITTED

.—

‘‘(1) I

N GENERAL

.—The Secretary, in coordination with the

applicable State technical committee established under section

1261(a), shall permit certain activities or commercial uses of es-

tablished cover on land that is subject to a contract under the

conservation reserve program if—

‘‘(A) those activities or uses—

‘‘(i) are consistent with the conservation of soil,

water quality, and wildlife habitat;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) are subject to appropriate restrictions during

the primary nesting season for birds in the local area

that are economically significant, in significant decline,

or conserved in accordance with Federal or State law;

‘‘(iii) contribute to the health and vigor of the es-

tablished cover; and

‘‘(iv) are consistent with a site-specific plan, includ-

ing vegetative management requirements, stocking

rates, and frequency and duration of activity, taking

into consideration regional differences, such as climate,

soil type, and natural resources; and

‘‘(B) the Secretary, in coordination with the State tech-

nical committee, includes contract modifications—

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

‘‘(I) emergency haying, emergency grazing, or

other emergency use of the forage in response to a

localized or regional drought, flooding, wildfire, or

other emergency, on all practices, outside the pri-

mary nesting season, when—

‘‘(aa) the county is designated as D2 (se-

vere drought) or greater according to the

United States Drought Monitor;

‘‘(bb) there is at least a 40 percent loss in

forage production in the county; or

‘‘(cc) the Secretary, in coordination with

the State technical committee, determines that

the program can assist in the response to a

natural disaster event without permanent

damage to the established cover;

‘‘(II) emergency grazing on all practices during

the primary nesting season if payments are author-

ized for a county under the livestock forage dis-

aster program under clause (ii) of section

1501(c)(3)(D) of the Agricultural Act of 2014 (7

U.S.C. 9081(c)(3)(D)), at 50 percent of the normal

carrying capacity determined under clause (i) of

that section, adjusted to the site-specific plan;

‘‘(III) emergency haying on certain practices,

outside the primary nesting season, if payments

are authorized for a county under the livestock for-

age disaster program under clause (ii) of section

1501(c)(3)(D) of the Agricultural Act of 2014 (7

U.S.C. 9081(c)(3)(D)), on not more than 50 percent

of contract acres, as identified in the site-specific

plan;

‘‘(IV) grazing of all practices, outside the pri-

mary nesting season, if included as a mid-contract

management practice under section 1232(a)(5);

‘‘(V) the intermittent and seasonal use of vege-

tative buffer established under paragraphs (4) and

(5) of section 1231(b) that are incidental to agricul-

tural production on land adjacent to the buffer

such that the permitted use—

‘‘(aa) does not destroy the permanent vege-

tative cover; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(bb) retains suitable vegetative structure

for wildlife cover and shelter outside the pri-

mary nesting season; or

‘‘(VI) grazing on all practices, outside the pri-

mary nesting season, if conducted by a beginning

farmer or rancher; or

‘‘(ii) with a 25 percent reduction in the annual

rental rate for the acres covered by the authorized ac-

tivity, including—

‘‘(I) grazing not more frequently than every

other year on the same land, except that during the

primary nesting season, grazing shall be subject to

a 50 percent reduction in the stocking rate speci-

fied in the site-specific plan;

‘‘(II) grazing of all practices during the pri-

mary nesting season, with a 50 percent reduction

in the stocking rate specified in the site-specific

plan;

‘‘(III) haying and other commercial use (in-

cluding the managed harvesting of biomass and

excluding the harvesting of vegetative cover), on

the condition that the activity—

‘‘(aa) is completed outside the primary

nesting season;

‘‘(bb) occurs not more than once every 3

years; and

‘‘(cc) maintains 25 percent of the total con-

tract acres unharvested, in accordance with a

site-specific plan that provides for wildlife

cover and shelter;

‘‘(IV) annual grazing outside the primary nest-

ing season if consistent with a site-specific plan

that is authorized for the control of invasive spe-

cies; and

‘‘(V) the installation of wind turbines and as-

sociated access, except that in permitting the in-

stallation of wind turbines, the Secretary shall de-

termine the number and location of wind turbines

that may be installed, taking into account—

‘‘(aa) the location, size, and other physical

characteristics of the land;

‘‘(bb) the extent to which the land contains

threatened or endangered wildlife and wildlife

habitat; and

‘‘(cc) the purposes of the conservation re-

serve program under this subchapter.

‘‘(2) C

ONDITIONS ON HAYING AND GRAZING

.—

‘‘(A) I

N GENERAL

.—The Secretary may permit haying or

grazing in accordance with paragraph (1) on any land or

practice subject to a contract under the conservation reserve

program.

‘‘(B) E

XCEPTIONS

.—

‘‘(i) D

AMAGE TO VEGETATIVE COVER

.—Haying or

grazing described in paragraph (1) shall not be per-

mitted on land subject to a contract under the con-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

servation reserve program, or under a particular prac-

tice, if haying or grazing for that year under that prac-

tice, as applicable, would cause long-term damage to

vegetative cover on that land.

‘‘(ii) S

PECIAL AGREEMENTS

.—

‘‘(I) I

N GENERAL

.—Except as provided in sub-

clause (II), haying or grazing described in para-

graph (1) shall not be permitted on—

‘‘(aa) land covered by a contract enrolled

under the State acres for wildlife enhancement

program established by the Secretary; or

‘‘(bb) land covered by a contract enrolled

under a conservation reserve enhancement pro-

gram established under section 1231A or the

Conservation Reserve Enhancement Program

established by the Secretary under this sub-

chapter.

‘‘(II) E

XCEPTION

.—Subclause (I) shall not

apply to land on which haying or grazing is spe-

cifically permitted under the applicable conserva-

tion reserve enhancement program agreement or

other partnership agreement entered into under

this subchapter.’’.

ATURAL

ISASTER OR

DVERSE

EATHER AS

CON

TRACT

ANAGEMENT

.—Section 1233 of the Food Security Act of

1985 (16 U.S.C. 3833) is amended by adding at the end the fol-

lowing:

‘‘(e) N

ATURAL

ISASTER OR

DVERSE

EATHER AS

CON

TRACT

ANAGEMENT

.—In the case of a natural disaster or adverse

weather event that has the effect of a management practice con-

sistent 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. 2207. PAYMENTS.

(a) C

OST

HARING

AYMENTS

.—Section 1234(b) of the Food Se-

curity Act of 1985 (16 U.S.C. 3834(b)) is amended—

(1) by striking paragraphs (2) through (4) and inserting the

following:

‘‘(2) L

IMITATIONS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall ensure, to the

maximum extent practicable, that cost sharing payments to

an owner or operator under this subchapter, when com-

bined with the sum of payments from all other funding

sources for measures and practices described in paragraph

(1), do not exceed 100 percent of the total actual cost of es-

tablishing those measures and practices, as determined by

the Secretary.

‘‘(B) M

CONTRACT MANAGEMENT GRAZING

.—The Sec-

retary may not make any cost sharing payment to an owner

or operator under this subchapter pursuant to section

1232(a)(5).

‘‘(C) S

EED COST

.—In the case of seed costs related to

the establishment of cover, cost sharing payments under

this subchapter shall not exceed 50 percent of the actual

cost of the seed mixture, as determined by the Secretary.’’;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(2) by redesignating paragraph (5) as paragraph (3);

(3) in paragraph (3) (as so redesignated), by striking ‘‘An

owner’’ and inserting ‘‘Except in the case of incentive payments

that are related to the cost of the establishment of a practice

and received from eligible partners under the conservation re-

serve enhancement program under section 1231A, an owner’’;

and

(4) by adding at the end the following:

‘‘(4) P

RACTICE INCENTIVES FOR CONTINUOUS PRACTICES

.—In

addition to the cost sharing payment described in this sub-

section, the Secretary shall make an incentive payment to an

owner or operator of land enrolled under section 1231(d)(6) in

an amount not to exceed 50 percent of the actual cost of estab-

lishing all measures and practices described in paragraph (1),

including seed costs related to the establishment of cover, as de-

termined by the Secretary.’’.

(b) I

NCENTIVE

AYMENTS

.—Section 1234(c) of the Food Security

Act of 1985 (16 U.S.C. 3834(c)) is amended—

(1) in the subsection heading, by striking ‘‘I

NCENTIVE

’’ and

inserting ‘‘F

OREST

ANAGEMENT

NCENTIVE

’’;

(2) in paragraph (1), by striking ‘‘The Secretary’’ and in-

serting ‘‘Using funds made available under section

1241(a)(1)(A), the Secretary’’; and

(3) in paragraph (2), by striking ‘‘150 percent’’ and insert-

ing ‘‘100 percent’’.

NNUAL

ENTAL

AYMENTS

.—Section 1234(d) of the Food

Security Act of 1985 (16 U.S.C. 3834(d)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘the Secretary may consider, among

other things, the amount’’ and inserting the following: ‘‘the

Secretary shall consider—

‘‘(A) the amount’’;

(B) in subparagraph (A) (as so designated), by striking

the period at the end and inserting a semicolon; and

‘‘(B) the impact on the local farmland rental market;

and

‘‘(C) such other factors as the Secretary determines to

be appropriate.’’;

(2) in paragraph (2)—

(A) in subparagraph (A)—

(i) in clause (i), by striking ‘‘; or’’ and inserting a

period;

(ii) by striking clause (ii); and

(iii) by striking ‘‘determined through—’’ in the mat-

ter preceding clause (i) and all that follows through

‘‘the submission of bids’’ in clause (i) and inserting ‘‘de-

termined through the submission of applications’’;

(B) by redesignating subparagraph (B) as subpara-

graph (C);

‘‘(B) M

ULTIPLE ENROLLMENTS

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), if land

subject to a contract entered into under this subchapter

is reenrolled under section 1231(h)(1) or has been pre-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

viously enrolled in the conservation reserve, the annual

rental payment shall be in an amount that is not more

than 85 percent in the case of general enrollment con-

tacts, or 90 percent in the case of continuous enroll-

ment contracts, of the applicable estimated average

county rental rate published pursuant to paragraph (4)

for the year in which the reenrollment occurs.

‘‘(ii) C

ONSERVATION RESERVE ENHANCEMENT PRO

GRAM

.—The reduction in annual rental payments

under clause (i) may be waived as part of the negotia-

tion between the Secretary and an eligible partner to

enter into a conservation reserve enhancement program

agreement under section 1231A.’’;

(D) in subparagraph (C) (as so redesignated), by strik-

ing ‘‘In the case’’ and inserting ‘‘Notwithstanding subpara-

graph (A), in the case’’; and

(E) by adding at the end the following:

‘‘(D) C

ONTINUOUS SIGN

UP INCENTIVES

.—The Secretary

shall make an incentive payment to the owner or operator

of land enrolled under section 1231(d)(6) at the time of ini-

tial enrollment in an amount equal to 32.5 percent of the

amount of the first annual rental payment under subpara-

graph (A).’’;

(3) by striking paragraph (4);

(4) by redesignating paragraph (5) as paragraph (4); and

(5) in paragraph (4) (as so redesignated)—

(A) in subparagraph (A)—

(i) by striking ‘‘, not less frequently than once every

other year,’’ and inserting ‘‘annually’’; and

(ii) by inserting ‘‘, and shall publish the estimates

derived from the survey not later than September 15 of

each year’’ before the period at the end;

(B) in subparagraph (B), by inserting ‘‘and the average

current and previous soil rental rates for each county’’ after

‘‘subparagraph (A)’’;

serting ‘‘shall consider’’; and

(D) by adding at the end the following:

‘‘(D) S

UBMISSION OF ADDITIONAL INFORMATION BY

STATE FSA OFFICES AND CREP PARTNERS

.—

‘‘(i) I

N GENERAL

.—The Secretary shall provide an

opportunity for State Committees of the Farm Service

Agency or eligible partners (as defined in section

1231A(a)) in conservation reserve enhancement pro-

grams under section 1231A to propose an alternative

soil rental rate prior to finalizing new rates, on the

condition that documentation described in clause (ii) is

provided to support the proposed alternative.

‘‘(ii) A

CCEPTABLE DOCUMENTATION

.—Documenta-

tion referred to in clause (i) includes—

‘‘(I) an average of cash rents from a random

sample of lease agreements;

‘‘(II) cash rent estimates from a published sur-

vey;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(III) neighboring county estimate comparisons

from the National Agricultural Statistics Service;

‘‘(IV) an average of cash rents from Farm

Service Agency farm business plans;

‘‘(V) models that estimate cash rents, such as

models that use returns to estimate crop produc-

tion or land value data; or

‘‘(VI) other documentation, as determined by

the Secretary.

‘‘(iii) N

OTIFICATION

.—Not less than 14 days prior

to the announcement of new or revised soil rental rates,

the Secretary shall offer a briefing to the Chairman

and Ranking Member of the Committee on Agriculture

of the House of Representatives and the Chairman and

Ranking Member of the Committee on Agriculture, Nu-

trition, and Forestry of the Senate, including informa-

tion on and the rationale for the alternative rates pro-

posed under clause (i) that were accepted or rejected.

‘‘(E) R

ENTAL RATE LIMITATION

.—Notwithstanding for-

est management incentive payments described in subsection

(c), the county average soil rental rate (before any adjust-

ments relating to specific practices, wellhead protection, or

soil productivity) shall not exceed—

‘‘(i) 85 percent of the estimated rental rate deter-

mined under this paragraph for general enrollment; or

‘‘(ii) 90 percent of the estimated rental rate deter-

mined under this paragraph for continuous enroll-

ment.’’.

(d) P

AYMENT

IMITATION FOR

ENTAL

AYMENTS

.—Section

1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is

amended—

(1) in paragraph (1), by striking ‘‘The total’’ and inserting

‘‘Except as provided in paragraph (2), the total’’; and

(2) by striking paragraph (2) and inserting the following:

‘‘(2) W

ELLHEAD PROTECTION

.—Paragraph (1) and section

1001D(b) shall not apply to rental payments received by a rural

water district or association for land that is enrolled under this

subchapter for the purpose of protecting a wellhead.’’.

SEC. 2208. CONTRACTS.

(a) T

RANSITION

PTION FOR

ERTAIN

ARMERS OR

ANCH

ERS

.—Section 1235(f) of the Food Security Act of 1985 (16 U.S.C.

3835(f)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘retired farmer or rancher’’ and inserting ‘‘contract

holder’’;

(B) by striking ‘‘retired or retiring owner or operator’’

each place it appears and inserting ‘‘contract holder’’;

clause (i), by striking ‘‘1 year’’ and inserting ‘‘2 years’’;

(D) in subparagraph (B), by inserting ‘‘, including a

lease with a term of less than 5 years and an option to pur-

chase’’ after ‘‘option to purchase’’;

(E) in subparagraph (D), by striking ‘‘; and’’ and in-

serting a semicolon;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(F) by redesignating subparagraph (E) as subpara-

graph (F); and

(G) by inserting after subparagraph (D) the following:

‘‘(E) give priority to the enrollment of the land covered

by the contract in—

‘‘(i) the environmental quality incentives program

established under subchapter A of chapter 4;

‘‘(ii) the conservation stewardship program estab-

lished under subchapter B of chapter 4; or

‘‘(iii) the agricultural conservation easement pro-

gram established under subtitle H; and’’; and

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘The Secretary’’ and inserting ‘‘To the extent that the

maximum number of acres permitted to be enrolled under

the conservation reserve program has not been met, the Sec-

retary’’; and

(B) by striking subparagraph (A) and inserting the fol-

lowing:

‘‘(A)(i) is carried out on land described in paragraph

(4) or (5) of section 1231(b); and

‘‘(ii) is eligible for continuous enrollment under section

1231(d)(6); and’’.

(b) E

ND OF

ONTRACT

ONSIDERATIONS

.—Section 1235(g) of the

Food Security Act of 1985 (16 U.S.C. 3835(g)) is amended to read

as follows:

‘‘(g) E

ND OF

ONTRACT

ONSIDERATIONS

.—The Secretary shall

not consider an owner or operator to be in violation of a term or

condition of the conservation reserve contract if—

‘‘(1) during the year prior to expiration of the contract, the

owner or operator—

‘‘(A)(i) enters into a contract under the environmental

quality incentives program established under subchapter A

of chapter 4; and

‘‘(ii) begins the establishment of a practice under that

contract; or

‘‘(B)(i) enters into a contract under the conservation

stewardship program established under subchapter B of

chapter 4; and

‘‘(ii) begins the establishment of a practice under that

contract; or

‘‘(2) during the 3 years prior to the expiration of the con-

tract, the owner or operator begins the certification process

under the Organic Foods Production Act of 1990 (7 U.S.C. 6501

et seq.).’’.

SEC. 2209. ELIGIBLE LAND; STATE LAW REQUIREMENTS.

The Secretary shall revise paragraph (4) of section 1410.6(d) of

title 7, Code of Federal Regulations, to provide that land enrolled

under a Conservation Reserve Enhancement Program agreement

initially established before January 1, 2014 (including an amended

or successor Conservation Reserve Enhancement Program agree-

ment, as determined by the Secretary), shall not be ineligible for en-

rollment in the conservation reserve program established under sub-

chapter B of chapter 1 of subtitle D of title XII of the Food Security

Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if the

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

Deputy Administrator (as defined in section 1410.2(b) of title 7,

Code of Federal Regulations (or successor regulations)), on rec-

ommendation from and in consultation with the applicable State

technical committee established under section 1261(a) of the Food

Security Act of 1985 (16 U.S.C. 3861(a)) determines, under such

terms and conditions as the Deputy Administrator, in consultation

with the State technical committee, determines to be appropriate,

that making that land eligible for enrollment in that program is not

contrary to the purposes of that program.

Subtitle C—Environmental Quality Incen-

tives Program and Conservation Steward-

ship Program

SEC. 2301. REPEAL OF CONSERVATION PROGRAMS.

(a) I

ENERAL

.—Chapter 4 of subtitle D of title XII of the

Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended—

(1) by striking the chapter designation and heading and in-

serting the following:

‘‘CHAPTER 4—ENVIRONMENTAL QUALITY INCENTIVES

PROGRAM AND CONSERVATION STEWARDSHIP PRO-

GRAM

‘‘Subchapter A—Environmental Quality Incentives Program’’;

and

(2) by inserting after section 1240H the following:

‘‘Subchapter B—Conservation Stewardship Program’’.

(b) C

ONSERVATION

TEWARDSHIP

ROGRAM

.—Subchapter B of

chapter 2 of subtitle D of title XII of the Food Security Act of 1985

(16 U.S.C. 3838d et seq.) is amended—

(1) by redesignating sections 1238D through 1238G as sec-

tions 1240I through 1240L, respectively; and

(2) by moving sections 1240I through 1240L (as so redesig-

nated) so as to appear after the subchapter heading for sub-

chapter B of chapter 4 of subtitle D of title XII of that Act (as

added by subsection (a)(2)).

EPEAL

.—

(1) I

N GENERAL

.—Chapter 2 of subtitle D of title XII of the

Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as amended

by subsection (b)) is repealed.

(2) T

ERMINATION OF CONSERVATION STEWARDSHIP PRO

GRAM

.—Effective on the date of enactment of this Act, the con-

servation stewardship program under subchapter B of chapter

2 of subtitle D of title XII of the Food Security Act of 1985 (16

U.S.C. 3838d et seq.) (as in effect on the day before the date of

enactment of this Act) shall cease to be effective.

(3) T

RANSITIONAL PROVISIONS

.—

(A) E

FFECT ON EXISTING CONTRACTS AND AGREE

MENTS

.—The cessation of effectiveness under paragraph (2)

shall not affect—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(i) the validity or terms of any contract entered

into by the Secretary under subchapter B of chapter 2

of subtitle D of title XII of the Food Security Act of

1985 (16 U.S.C. 3838d et seq.) before the date of enact-

ment of this Act, or any payments, modifications, or

technical assistance required to be made in connection

with the contract; or

(ii) subject to subparagraph (D), any agreement en-

tered into by the Secretary under the regional conserva-

tion partnership program under subtitle I of title XII

of the Food Security Act of 1985 (16 U.S.C. 3871 et

seq.) on or before September 30, 2018, under which

conservation stewardship program acres and associ-

ated funding have been allocated to the agreement for

the purpose of entering into a contract under sub-

chapter B of chapter 2 of subtitle D of title XII of that

Act (16 U.S.C. 3838d et seq.) (as in effect on the day

before the date of enactment of this Act).

(B) E

XTENSION PERMITTED

.—Notwithstanding para-

graph (2), the Secretary may extend for 1 year a contract

described in subparagraph (A)(i) if that contract expires on

or before December 31, 2019, under the terms and payment

rate of the existing contract and in accordance with sub-

chapter B of chapter 2 of subtitle D of title XII of the Food

Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in effect

on the day before the date of enactment of this Act).

ENEWAL NOT PERMITTED

.—

(i) I

N GENERAL

.—Notwithstanding subparagraph

(A), and subject to clause (ii), the Secretary may not

renew a contract or agreement described in that sub-

paragraph.

(ii) E

XCEPTION

.—The Secretary may renew a con-

tract described in subparagraph (A)(i)—

(I) if that contract expires on or after Decem-

ber 31, 2019;

(II) under the terms of the conservation stew-

ardship program under subchapter B of chapter 4

of subtitle D of title XII of the Food Security Act

of 1985 (as added by subsections (a)(2) and (b));

and

(III) subject to the limitation on funding for

that subchapter under section 1241 of the Food Se-

curity Act of 1985 (16 U.S.C. 3841).

(D) RCPP

CONTRACTS

.—

(i) T

REATMENT OF ACREAGE

.—In the case of an

agreement described in subparagraph (A)(ii), the Sec-

retary may provide an amount of funding that is equiv-

alent to the value of any acres covered by the agree-

ment.

(ii) F

UNDS AND ACRES NOT OBLIGATED

.—In the

case of an agreement described in subparagraph (A)(ii)

to which program acres and associated funding have

been allocated but not yet obligated to enter into a con-

tract under subchapter B of chapter 2 of subtitle D of

title XII of the Food Security Act of 1985 (16 U.S.C.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

3838d et seq.) (as in effect on the day before the date

of enactment of this Act)—

(I) the Secretary shall modify the agreement to

authorize the entrance into a contract under sub-

chapter B of chapter 4 of subtitle D of title XII of

the Food Security Act of 1985 (as added by sub-

sections (a)(2) and (b)); and

(II) the funds associated with the conservation

stewardship program acres allocated under that

agreement, on modification under subclause (I),

may be used to enter into conservation stewardship

program contracts with producers under sub-

chapter B of chapter 4 of subtitle D of title XII of

the Food Security Act of 1985 (as added by sub-

sections (a)(2) and (b)).

(4) C

ONTRACT ADMINISTRATION

.—Subject to paragraphs

(3)(C) and (3)(D)(ii)(II), the Secretary shall administer each

contract and agreement described in clauses (i) and (ii) of para-

graph (3)(A) until the expiration of the contract or agreement in

accordance with the regulations to carry out the conservation

stewardship program under subchapter B of chapter 2 of sub-

title D of title XII of the Food Security Act of 1985 (16 U.S.C.

3838d et seq.) (as in effect on the day before the date of enact-

ment of this Act) that are in effect on the day before that date

of enactment.

(5) F

UNDING

.—Notwithstanding paragraphs (1) and (2),

any funds made available from the Commodity Credit Corpora-

tion under section 1241(a)(4) of the Food Security Act of 1985

(16 U.S.C. 3841(a)(4)) for fiscal years 2014 through 2018 shall

be available to carry out—

(A) any contract or agreement described in paragraph

(3)(A)(i) for fiscal year 2019;

(B) any contract or agreement described in paragraph

(3)(A)(ii);

(D) any contract or agreement under subchapter B of

chapter 4 of subtitle D of title XII of the Food Security Act

of 1985 (as added by subsections (a)(2) and (b)).

(d) C

ONFORMING

MENDMENTS

.—

(1) F

OOD SECURITY ACT OF 1985

.—

(A) Section 1211(a)(3)(A) of the Food Security Act of

1985 (16 U.S.C. 3811(a)(3)(A)) is amended by inserting

‘‘subchapter A of’’ before ‘‘chapter 4’’.

(B) Section 1221(b)(3)(A) of the Food Security Act of

1985 (16 U.S.C. 3821(b)(3)(A)) is amended by inserting

‘‘subchapter A of’’ before ‘‘chapter 4’’.

1985 (as redesignated by subsection (b)(1)) is amended by

striking subparagraph (C).

(D) Section 1240 of the Food Security Act of 1985 (16

U.S.C. 3839aa) is amended in the matter preceding para-

graph (1) by striking ‘‘chapter’’ and inserting ‘‘subchapter’’.

(E) Section 1240A of the Food Security Act of 1985 (16

U.S.C. 3839aa–1) is amended by striking ‘‘chapter’’ each

place it appears and inserting ‘‘subchapter’’.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(F) Section 1240B(i)(2)(B) of the Food Security Act of

1985 (16 U.S.C. 3839aa–2(i)(2)(B)) is amended by striking

‘‘chapter’’ and inserting ‘‘subchapter’’.

(G) Section 1240C(b) of the Food Security Act of 1985

(16 U.S.C. 3839aa–3(b)) is amended in the matter pre-

ceding paragraph (1) by striking ‘‘chapter’’ and inserting

‘‘subchapter’’.

(H) Section 1240E(b)(2) of the Food Security Act of

1985 (16 U.S.C. 3839aa–5(b)(2)) is amended by striking

‘‘chapter’’ and inserting ‘‘subchapter’’.

(I) Section 1240G of the Food Security Act of 1985 (16

U.S.C. 3839aa–7) is amended by striking ‘‘chapter’’ each

place it appears and inserting ‘‘subchapter’’.

(J) Section 1240H of the Food Security Act of 1985 (16

U.S.C. 3839aa–8) is amended by striking ‘‘chapter’’ each

place it appears and inserting ‘‘subchapter’’.

(K) Section 1244(c)(3) of the Food Security Act of 1985

(16 U.S.C. 3844(c)(3)) is amended by inserting ‘‘subchapter

A of’’ before ‘‘chapter 4’’.

(L) Section 1244(l) of the Food Security Act of 1985 (16

U.S.C. 3844(l)) is amended—

(i) by striking ‘‘chapter 2’’ and inserting ‘‘chapter

4’’; and

(ii) by inserting ‘‘subchapter A of’’ after ‘‘incentives

program under’’.

(2) O

THER LAWS

.—

(A) Section 344(f)(8) of the Agricultural Adjustment Act

of 1938 (7 U.S.C. 1344(f)(8)) is amended by inserting ‘‘sub-

chapter A of’’ before ‘‘chapter 4’’.

(B) Section 377 of the Agricultural Adjustment Act of

1938 (7 U.S.C. 1377) is amended by inserting ‘‘subchapter

A of’’ before ‘‘chapter 4’’.

under the heading ‘‘

CONSERVATION RESERVE PROGRAM

’’

under the heading ‘‘S

OIL

ANK

ROGRAMS

’’ of title I of the

Department of Agriculture and Farm Credit Administra-

tion Appropriation Act, 1959 (7 U.S.C. 1831a), is amended

by inserting ‘‘subchapter A of’’ before ‘‘chapter 4’’.

(D) Section 8(b)(1) of the Soil Conservation and Domes-

tic Allotment Act (16 U.S.C. 590h(b)(1)) is amended by in-

serting ‘‘subchapter A of’’ before ‘‘chapter 4’’.

(E) Section 1271(c)(3)(C) of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C))

is amended by inserting ‘‘subchapter A of’’ before ‘‘chapter

4’’.

(F) Section 304(a)(1) of the Lake Champlain Special

Designation Act of 1990 (33 U.S.C. 1270 note; Public Law

101–596) is amended by inserting ‘‘subchapter A of’’ before

‘‘chapter 4’’.

(G) Section 202(c) of the Colorado River Basin Salinity

Control Act (43 U.S.C. 1592(c)) is amended by inserting

‘‘subchapter A of’’ before ‘‘chapter 4’’.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

SEC. 2302. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PRO-

GRAM.

Section 1240 of the Food Security Act of 1985 (16 U.S.C.

3839aa) is amended by striking paragraph (4) and inserting the fol-

lowing:

‘‘(4) assisting producers to make beneficial, cost-effective

changes to production systems, including addressing identified,

new, or expected resource concerns related to organic produc-

tion, grazing management, fuels management, forest manage-

ment, nutrient management associated with crops and livestock,

pest management, irrigation management, adapting to, and

mitigating against, increasing weather volatility, drought resil-

iency measures, or other practices on agricultural and forested

land.’’.

SEC. 2303. DEFINITIONS UNDER ENVIRONMENTAL QUALITY INCEN-

TIVES PROGRAM.

Section 1240A of the Food Security Act of 1985 (16 U.S.C.

3839aa–1) is amended—

(1) by redesignating paragraphs (1), (2), (3), (4) and (5) as

paragraphs (2), (4), (5), (6), and (8), respectively;

(2) by inserting before paragraph (2) (as so redesignated)

the following:

‘‘(1) C

ONSERVATION PLANNING ASSESSMENT

.—The term

‘conservation planning assessment’ means a report, as deter-

mined by the Secretary, that—

‘‘(A) is developed by—

‘‘(i) a State or unit of local government (including

a conservation district);

‘‘(ii) a Federal agency; or

‘‘(iii) a third-party provider certified under section

1242(e) (including a certified rangeland professional);

‘‘(B) assesses rangeland or cropland function and de-

scribes conservation activities to enhance the economic and

ecological management of that land; and

‘‘(C) can be incorporated into a comprehensive plan-

ning document required by the Secretary for enrollment in

a conservation program of the Department of Agriculture.’’;

(3) in paragraph (2) (as so redesignated), in subparagraph

(B)(vi)—

(A) by inserting ‘‘environmentally sensitive areas,’’ after

‘‘marshes,’’; and

(B) by inserting ‘‘identified or expected’’ before ‘‘resource

concerns’’;

(4) by inserting after paragraph (2) (as so redesignated) the

following:

‘‘(3) I

NCENTIVE PRACTICE

.—The term ‘incentive practice’

means a practice or set of practices approved by the Secretary

that, when implemented and maintained on eligible land, ad-

dress 1 or more priority resource concerns.’’;

(5) in paragraph (6) (as so redesignated)—

(A) in subparagraph (A)—

(i) in clause (iv), by striking ‘‘and’’ at the end;

(ii) by redesignating clause (v) as clause (vii); and

(iii) by inserting after clause (iv) the following:

‘‘(v) soil testing;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(vi) soil remediation to be carried out by the pro-

ducer; and’’; and

(B) in subparagraph (B)—

(i) in clause (i), by striking ‘‘and’’ at the end;

(ii) by redesignating clause (ii) as clause (vi); and

(iii) by inserting after clause (i) the following:

‘‘(ii) planning for resource-conserving crop rota-

tions (as defined in section 1240L(d)(1));

‘‘(iii) soil health planning, including increasing

soil organic matter and the use of cover crops;

‘‘(iv) a conservation planning assessment;

‘‘(v) precision conservation management planning;

and’’;

(6) by inserting after paragraph (6) (as so redesignated) the

following:

‘‘(7) P

RIORITY RESOURCE CONCERN

.—The term ‘priority re-

source concern’ means a natural resource concern or problem,

as determined by the Secretary, that—

‘‘(A) is identified at the national, State, or local level as

a priority for a particular area of a State; and

‘‘(B) represents a significant concern in a State or re-

gion.’’; and

(7) by adding at the end the following:

‘‘(9) S

OIL REMEDIATION

.—The term ‘soil remediation’ means

scientifically based practices that—

‘‘(A) ensure the safety of producers from contaminants

in soil;

‘‘(B) limit contaminants in soil from entering agricul-

tural products for human or animal consumption; and

‘‘(C) regenerate and sustain the soil.

‘‘(10) S

OIL TESTING

.—The term ‘soil testing’ means the eval-

uation of soil health, including testing for—

‘‘(A) the optimal level of constituents in the soil, such

as organic matter, nutrients, and the potential presence of

soil contaminants, including heavy metals, volatile organic

compounds, polycyclic aromatic hydrocarbons, or other con-

taminants; and

‘‘(B) the biological and physical characteristics indic-

ative of proper soil functioning.’’.

SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRON-

MENTAL QUALITY INCENTIVES PROGRAM.

(a) E

STABLISHMENT

.—Section 1240B(a) of the Food Security Act

of 1985 (16 U.S.C. 3839aa–2(a)) is amended by striking ‘‘2019’’ and

inserting ‘‘2023’’.

(b) P

AYMENTS

.—Section 1240B(d) of the Food Security Act of

1985 (16 U.S.C. 3839aa–2(d)) is amended—

(1) in paragraph (4)(B)—

(A) in clause (i)—

(i) by striking ‘‘Not more than’’ and inserting ‘‘On

an election by a producer described in subparagraph

(A), the Secretary shall provide at least’’;

(ii) by striking ‘‘may be provided’’; and

(iii) by striking ‘‘the purpose of’’ and inserting ‘‘all

costs related to’’; and

(B) by adding at the end the following:

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(iii) N

OTIFICATION AND DOCUMENTATION

.—The

Secretary shall—

‘‘(I) notify each producer described in subpara-

graph (A), at the time of enrollment in the pro-

gram, of the option to receive advance payments

under clause (i); and

‘‘(II) document the election of each producer

described in subparagraph (A) to receive advance

payments under clause (i) with respect to each

practice that has costs described in that clause.’’;

and

(2) by adding at the end the following:

‘‘(7) I

NCREASED PAYMENTS FOR HIGH

PRIORITY PRACTICES

.—

‘‘(A) S

TATE DETERMINATION

.—Each State, in consulta-

tion with the State technical committee established under

section 1261(a) for the State, may designate not more than

10 practices to be eligible for increased payments under

subparagraph (B), on the condition that the practice, as de-

termined by the Secretary—

‘‘(i) addresses specific causes of impairment relat-

ing to excessive nutrients in groundwater or surface

water;

‘‘(ii) addresses the conservation of water to advance

drought mitigation and declining aquifers;

‘‘(iii) meets other environmental priorities and

other priority resource concerns identified in habitat or

other area restoration plans; or

‘‘(iv) is geographically targeted to address a nat-

ural resource concern in a specific watershed.

‘‘(B) I

NCREASED PAYMENTS

.—Notwithstanding para-

graph (2), in the case of a practice designated under sub-

paragraph (A), the Secretary may increase the amount that

would otherwise be provided for a practice under this sub-

section to not more than 90 percent of the costs associated

with planning, design, materials, equipment, installation,

labor, management, maintenance, or training.’’.

LLOCATION OF

UNDING

.—Section 1240B(f) of the Food Se-

curity Act of 1985 (16 U.S.C. 3839aa–2(f)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘2014 through 2018’’ and inserting

‘‘2019 through 2023’’;

(B) by striking ‘‘60’’ and inserting ‘‘50’’; and

including grazing management practices.’’; and

(2) in paragraph (2)—

(A) by striking ‘‘For each’’ and inserting the following:

‘‘(A) F

ISCAL YEARS 2014 THROUGH 2018

.—For each’’; and

(B) by adding at the end the following:

‘‘(B) F

ISCAL YEARS 2019 THROUGH 2023

.—For each of fis-

cal years 2019 through 2023, at least 10 percent of the

funds made available for payments under the program

shall be targeted at practices benefitting wildlife habitat

under subsection (g).’’.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(d) W

ILDLIFE

ABITAT

NCENTIVE

ROGRAM

.—Section 1240B(g)

of the Food Security Act of 1985 (16 U.S.C. 3839aa–2(g)) is amend-

ed by adding at the end the following:

‘‘(3) M

AXIMUM TERM

.—In the case of a contract under the

program entered into solely for the establishment of 1 or more

annual management practices for the benefit of wildlife as de-

scribed in paragraph (1), notwithstanding any maximum con-

tract term established by the Secretary, the contract shall have

a term that does not exceed 10 years.

‘‘(4) I

NCLUDED PRACTICES

.—For the purpose of providing

seasonal wetland habitat for waterfowl and migratory birds, a

practice that is eligible for payment under paragraph (1) and

targeted for funding under subsection (f) may include—

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

‘‘(B) a practice to maintain the hydrology of temporary

and seasonal wetlands of not more than 2 acres to main-

tain waterfowl and migratory bird habitat on working

cropland.’’.

(e) W

ATER

ONSERVATION OR

RRIGATION

FFICIENCY

RAC

TICE

.—Section 1240B(h) of the Food Security Act of 1985 (16 U.S.C.

3839aa–2(h)) is amended—

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

‘‘(1) A

VAILABILITY OF PAYMENTS

.—The Secretary may pro-

vide water conservation and system efficiency payments under

this subsection to an entity described in paragraph (2) or a pro-

ducer for—

‘‘(A) water conservation scheduling, water distribution

efficiency, soil moisture monitoring, or an appropriate com-

bination thereof;

‘‘(B) irrigation-related structural or other measures

that conserve surface water or groundwater, including

managed aquifer recovery practices; or

‘‘(C) a transition to water-conserving crops, water-con-

serving crop rotations, or deficit irrigation.’’;

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following:

‘‘(2) E

LIGIBILITY OF CERTAIN ENTITIES

.—

‘‘(A) I

N GENERAL

.—Notwithstanding section 1001(f)(6),

the Secretary may enter into a contract under this sub-

section with a State, irrigation district, groundwater man-

agement district, acequia, land-grant mercedes, or similar

entity under a streamlined contracting process to imple-

ment water conservation or irrigation practices under a wa-

tershed-wide project that will effectively conserve water,

provide fish and wildlife habitat, or provide for drought-re-

lated environmental mitigation, as determined by the Sec-

retary.

‘‘(B) I

MPLEMENTATION

.—Water conservation or irriga-

tion practices that are the subject of a contract entered into

under subparagraph (A) shall be implemented on—

‘‘(i) eligible land of a producer; or

‘‘(ii) land that is—

‘‘(I) under the control of an irrigation district,

groundwater management district, acequia, land-

grant mercedes, or similar entity; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(II) adjacent to eligible land described in

clause (i), as determined by the Secretary.

‘‘(C) W

AIVER AUTHORITY

.—The Secretary may waive the

applicability of the limitations in section 1001D(b) or sec-

tion 1240G for a payment made under a contract entered

into under this paragraph if the Secretary determines that

the waiver is necessary to fulfill the objectives of the project.

‘‘(D) C

ONTRACT LIMITATIONS

.—If the Secretary grants a

waiver under subparagraph (C), the Secretary may impose

a separate payment limitation for the contract with respect

to which the waiver applies.’’;

(4) in paragraph (3) (as so redesignated)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘to a producer’’ and inserting ‘‘under this subsection’’;

(B) in subparagraph (A), by striking ‘‘the eligible land

of the producer is located, there is a reduction in water use

in the operation of the producer’’ and inserting ‘‘the land on

which the practices will be implemented is located, there is

a reduction in water use in the operation on that land’’;

and

case of an application under paragraph (2),’’ before ‘‘the

producer agrees’’; and

(5) by adding at the end the following:

‘‘(4) E

FFECT

.—Nothing in this subsection authorizes the

Secretary to modify the process for determining the annual allo-

cation of funding to States under the program.’’.

(f) P

AYMENTS FOR

ONSERVATION

RACTICES

ELATED TO

GANIC

RODUCTION

.—Section 1240B(i)(3) of the Food Security Act of

1985 (16 U.S.C. 3839aa–2(i)(3)) is amended—

(1) in the first sentence, by striking ‘‘Payments’’ and insert-

ing the following:

‘‘(A) I

N GENERAL

.—Payments’’;

(2) in the second sentence, by striking ‘‘In applying these

limitations’’ and inserting the following:

‘‘(B) T

ECHNICAL ASSISTANCE

.—In applying the limita-

tions under subparagraph (A)’’; and

(3) in subparagraph (A) (as so designated)—

(A) by striking ‘‘aggregate, $20,000 per year or $80,000

during any 6-year period.’’ and inserting the following: ‘‘ag-

gregate—

‘‘(i) through fiscal year 2018—

‘‘(I) $20,000 per year; or

‘‘(II) $80,000 during any 6-year period; and’’;

and

(B) by adding at the end the following:

‘‘(ii) during the period of fiscal years 2019 through

2023, $140,000.’’.

(g) C

ONSERVATION

NCENTIVE

ONTRACTS

.—Section 1240B of

the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended by

adding at the end the following:

‘‘(j) C

ONSERVATION

NCENTIVE

ONTRACTS

.—

‘‘(1) I

DENTIFICATION OF ELIGIBLE PRIORITY RESOURCE CON

CERNS FOR STATES

.—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—The Secretary, in consultation with

the applicable State technical committee established under

section 1261(a), shall identify watersheds (or other appro-

priate regions or areas within a State) and the cor-

responding priority resource concerns for those watersheds

or other regions or areas that are eligible to be the subject

of an incentive contract under this subsection.

‘‘(B) L

IMITATION

.—For each of the relevant land uses

within the watersheds, regions, or other areas identified

under subparagraph (A), the Secretary shall identify not

more than 3 eligible priority resource concerns.

‘‘(2) C

ONTRACTS

.—

‘‘(A) A

UTHORITY

.—

‘‘(i) I

N GENERAL

.—The Secretary shall enter into

contracts with producers under this subsection that re-

quire the implementation, adoption, management, and

maintenance of incentive practices that effectively ad-

dress at least 1 eligible priority resource concern identi-

fied under paragraph (1) for the term of the contract.

‘‘(ii) I

NCLUSIONS

.—Through a contract entered into

under clause (i), the Secretary may provide—

‘‘(I) funding, through annual payments, for

certain incentive practices to attain increased lev-

els of conservation on eligible land; or

‘‘(II) assistance, through a practice payment, to

implement an incentive practice.

‘‘(B) T

ERM

.—A contract under this subsection shall

have a term of not less than 5, and not more than 10,

years.

‘‘(C) P

RIORITIZATION

.—Notwithstanding section 1240C,

the Secretary shall develop criteria for evaluating incentive

practice applications that—

‘‘(i) give priority to applications that address eligi-

ble priority resource concerns identified under para-

graph (1); and

‘‘(ii) evaluate applications relative to other applica-

tions for similar agriculture and forest operations.

‘‘(3) I

NCENTIVE PRACTICE PAYMENTS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall provide pay-

ments to producers through contracts entered into under

paragraph (2) for—

‘‘(i) adopting and installing incentive practices;

and

‘‘(ii) managing, maintaining, and improving the

incentive practices for the duration of the contract, as

determined appropriate by the Secretary.

‘‘(B) P

AYMENT AMOUNTS

.—In determining the amount

of payments under subparagraph (A), the Secretary shall

consider, to the extent practicable—

‘‘(i) the level and extent of the incentive practice to

be installed, adopted, completed, maintained, man-

aged, or improved;

‘‘(ii) the cost of the installation, adoption, comple-

tion, management, maintenance, or improvement of the

incentive practice;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(iii) income foregone by the producer, including

payments, as appropriate, to address—

‘‘(I) increased economic risk;

‘‘(II) loss in revenue due to anticipated reduc-

tions in yield; and

‘‘(III) economic losses during transition to a re-

source-conserving cropping system or resource-con-

serving land use; and

‘‘(iv) the extent to which compensation would en-

sure long-term continued maintenance, management,

and improvement of the incentive practice.

‘‘(C) D

ELIVERY OF PAYMENTS

.—In making payments

under subparagraph (A), the Secretary shall, to the extent

practicable—

‘‘(i) in the case of annual payments under para-

graph (2)(A)(ii)(I), make those payments as soon as

practicable after October 1 of each fiscal year for which

increased levels of conservation are maintained during

the term of the contract; and

‘‘(ii) in the case of practice payments under para-

graph (2)(A)(ii)(II), make those payments as soon as

practicable on the implementation of an incentive prac-

tice.’’.

SEC. 2305. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.

Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C.

3839aa–5(a)(3)) is amended by inserting ‘‘progressive’’ before ‘‘imple-

mentation’’.

SEC. 2306. LIMITATION ON PAYMENTS UNDER ENVIRONMENTAL QUAL-

ITY INCENTIVES PROGRAM.

Section 1240G of the Food Security Act of 1985 (16 U.S.C.

3839aa–7) is amended—

(1) by striking ‘‘A person’’ and inserting ‘‘Not including pay-

ments made under section 1240B(j), a person’’; and

(2) by inserting ‘‘or the period of fiscal years 2019 through

2023,’’ after ‘‘2018,’’.

SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS.

(a) C

OMPETITIVE

RANTS FOR

NNOVATIVE

ONSERVATION

PROACHES

.—Section 1240H(a)(2) of the Food Security Act of 1985

(16 U.S.C. 3839aa–8(a)(2)) is amended—

(1) in subparagraph (A), by striking ‘‘program;’’ and insert-

ing ‘‘program or community colleges (as defined in section

1473E(a) of the National Agricultural Research, Extension, and

Teaching Policy Act of 1977 (7 U.S.C. 3319e(a))) carrying out

demonstration projects on land of the community college;’’;

(2) by redesignating subparagraphs (E) and (F) as subpara-

graphs (G) and (H), respectively; and

(3) by inserting after subparagraph (D) the following:

‘‘(E) partner with farmers to develop innovative prac-

tices for urban, indoor, or other emerging agricultural oper-

ations;

‘‘(F) utilize edge-of-field and other monitoring practices

on farms—

‘‘(i) to quantify the impacts of practices imple-

mented under the program; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) to assist producers in making the best con-

servation investments for the operations of the pro-

ducers;’’.

(b) A

UALITY

ONCERNS

ROM

GRICULTURAL

PER

ATIONS

.—Section 1240H(b)(2) of the Food Security Act of 1985 (16

U.S.C. 3839aa–8(b)(2)) is amended by striking ‘‘$25,000,000 for

each of fiscal years 2009 through 2018’’ and inserting ‘‘$37,500,000

for each of fiscal years 2019 through 2023’’.

-F

ARM

ONSERVATION

NNOVATION

RIALS

; R

EPORTING

AND

ATABASE

.—Section 1240H of the Food Security Act of 1985

(16 U.S.C. 3839aa–8) is amended by striking subsection (c) and in-

serting the following:

‘‘(c) O

-F

ARM

ONSERVATION

NNOVATION

RIALS

.—

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) E

LIGIBLE ENTITY

.—The term ‘eligible entity’

means, as determined by the Secretary—

‘‘(i) a third-party private entity the primary busi-

ness of which is related to agriculture;

‘‘(ii) a nongovernmental organization with experi-

ence working with agricultural producers; or

‘‘(iii) a governmental organization.

‘‘(B) N

EW OR INNOVATIVE CONSERVATION APPROACH

.—

The term ‘new or innovative conservation approach’

means—

‘‘(i) new or innovative—

‘‘(I) precision agriculture technologies;

‘‘(II) enhanced nutrient management plans,

nutrient recovery systems, and fertilization sys-

tems;

‘‘(III) soil health management systems, includ-

ing systems to increase soil carbon levels;

‘‘(IV) water management systems;

‘‘(V) resource-conserving crop rotations (as de-

fined in section 1240L(d)(1));

‘‘(VI) cover crops; and

‘‘(VII) irrigation systems; and

‘‘(ii) any other conservation approach approved by

the Secretary as new or innovative.

‘‘(2) T

ESTING NEW OR INNOVATIVE CONSERVATION AP

PROACHES

.—Using $25,000,000 of the funds made available to

carry out this subchapter for each of fiscal years 2019 through

2023, the Secretary shall carry out on-farm conservation inno-

vation trials, on eligible land of producers, to test new or inno-

vative conservation approaches—

‘‘(A) directly with producers; or

‘‘(B) through eligible entities.

‘‘(3) I

NCENTIVE PAYMENTS

.—

‘‘(A) A

GREEMENTS

.—In carrying out paragraph (2), the

Secretary shall enter into agreements with producers (either

directly or through eligible entities) on whose land an on-

farm conservation innovation trial is being carried out to

provide payments (including payments to compensate for

foregone income, as appropriate to address the increased

economic risk potentially associated with new or innovative

conservation approaches) to the producers to assist with

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

adopting and evaluating new or innovative conservation

approaches to achieve conservation benefits.

‘‘(B) A

DJUSTED GROSS INCOME REQUIREMENTS

.—

‘‘(i) I

N GENERAL

.—Adjusted gross income require-

ments under section 1001D(b)(1) shall—

‘‘(I) apply to producers receiving payments

under this subsection; and

‘‘(II) be enforced by the Secretary.

‘‘(ii) R

EPORTING

.—An eligible entity participating

in an on-farm conservation innovation trial under this

subsection shall report annually to the Secretary on the

amount of payments made to individual farm oper-

ations under this subsection.

‘‘(C) L

IMITATION ON ADMINISTRATIVE EXPENSES

.—None

of the funds made available to carry out this subsection

may be used to pay for the administrative expenses of an

eligible entity.

‘‘(D) L

ENGTH OF AGREEMENTS

.—An agreement entered

into under subparagraph (A) shall be for a period deter-

mined 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 by

a producer or eligible entity to report the natural

resource and agricultural production benefits of

the new or innovative conservation approaches to

the Secretary.

‘‘(4) F

LEXIBLE ADOPTION

.—The scale of adoption of a new

or innovative conservation approach under an on-farm con-

servation innovation trial under an agreement under paragraph

(2) may include multiple scales on an operation, including

whole farm, field-level, or sub-field scales.

‘‘(5) T

ECHNICAL ASSISTANCE

.—The Secretary shall provide

technical assistance—

‘‘(A) to each producer or eligible entity participating in

an on-farm conservation innovation trial under paragraph

(2) with respect to the design, installation, and manage-

ment of the new or innovative conservation approaches; and

‘‘(B) to each eligible entity participating in an on-farm

conservation innovation trial under paragraph (2) with re-

spect to data analyses of the on-farm conservation innova-

tion trial.

‘‘(6) G

EOGRAPHIC SCOPE

.—The Secretary shall identify a di-

versity of geographic regions of the United States in which to

establish on-farm conservation innovation trials under para-

graph (2), taking into account factors such as soil type, crop-

ping history, and water availability.

‘‘(7) S

OIL HEALTH DEMONSTRATION TRIAL

.—Using funds

made available to carry out this subsection, the Secretary shall

carry out a soil health demonstration trial under which the Sec-

retary coordinates with eligible entities—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(A) to provide incentives to producers to implement

conservation practices that—

‘‘(i) improve soil health;

‘‘(ii) increase carbon levels in the soil; or

‘‘(iii) meet the goals described in clauses (i) and

(ii);

‘‘(B) to establish protocols for measuring carbon levels

in the soil and testing carbon levels on land where con-

servation practices described in subparagraph (A) were ap-

plied to evaluate gains in soil health as a result of the prac-

tices implemented by the producers in the soil health dem-

onstration trial; and

‘‘(C)(i) not later than September 30, 2020, to initiate a

study regarding changes in soil health and, if feasible, eco-

nomic outcomes, generated as a result of the conservation

practices described in subparagraph (A) that were applied

by producers through the soil health demonstration trial;

and

‘‘(ii) to submit to the Committee on Agriculture of the

House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate annual re-

ports on the progress and results of the study under clause

(i).

‘‘(d) R

EPORTING AND

ATABASE

.—

‘‘(1) R

EPORT REQUIRED

.—Not later than September 30,

2019, and every 2 years thereafter, the Secretary shall submit

to the Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry of

the Senate a report on the status of activities funded under this

section, including—

‘‘(A) funding awarded;

‘‘(B) results of the activities, including, if feasible, eco-

nomic outcomes;

‘‘(C) incorporation of findings from the activities, such

as new technology and innovative approaches, into the con-

servation efforts implemented by the Secretary; and

‘‘(D) on completion of the study required under sub-

section (c)(7)(C), the findings of the study.

‘‘(2) C

ONSERVATION PRACTICE DATABASE

.—

‘‘(A) I

N GENERAL

.—The Secretary shall use the data re-

ported under paragraph (1) to establish and maintain a

publicly available conservation practice database that pro-

vides—

‘‘(i) a compilation and analysis of effective con-

servation practices for soil health, nutrient manage-

ment, and source water protection in varying soil com-

positions, cropping systems, slopes, and landscapes;

and

‘‘(ii) a list of recommended new and effective con-

servation practices.

‘‘(B) P

RIVACY

.—Information provided under subpara-

graph (A) shall be transformed into a statistical or aggre-

gate form so as to not include any identifiable or personal

information of individual producers.’’.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM.

(a) D

EFINITIONS

.—Section 1240I of the Food Security Act of

1985 (as redesignated by section 2301(b)) is amended—

(1) in paragraph (2)(B)—

(A) in clause (i), by striking ‘‘and’’ at the end;

(B) in clause (ii), by striking the period at the end and

inserting a semicolon; and

‘‘(iii) development of a comprehensive conservation

plan, as defined in section 1240L(e)(1);

‘‘(iv) soil health planning, including planning to

increase soil organic matter; and

‘‘(v) activities that will assist a producer to adapt

to, or mitigate against, increasing weather volatility.’’;

and

(2) in paragraph (7), by striking the period at the end and

inserting the following: ‘‘through the use of—

‘‘(A) quality criteria under a resource management sys-

tem;

‘‘(B) predictive analytics tools or models developed or

approved by the Natural Resources Conservation Service;

‘‘(C) data from past and current enrollment in the pro-

gram; and

‘‘(D) other methods that measure conservation and im-

provement in priority resource concerns, as determined by

the Secretary.’’.

(b) C

ONSERVATION

TEWARDSHIP

ROGRAM

.—

(1) E

STABLISHMENT

.—Subsection (a) of section 1240J of the

Food Security Act of 1985 (as redesignated by section 2301(b))

is amended in the matter preceding paragraph (1) by striking

‘‘2014 through 2018’’ and inserting ‘‘2019 through 2023’’.

(2) E

XCLUSIONS

.—Subsection (b)(2) of section 1240J of the

Food Security Act of 1985 (as redesignated by section 2301(b))

is amended in the matter preceding paragraph (1) by striking

‘‘the Agricultural Act of 2014’’ and inserting the ‘‘Agriculture

Improvement Act of 2018’’.

TEWARDSHIP

ONTRACTS

.—Section 1240K of the Food Secu-

rity Act of 1985 (as redesignated by section 2301(b)) is amended—

(1) in subsection (b), by striking paragraph (1) and insert-

ing the following:

‘‘(1) R

ANKING OF APPLICATIONS

.—

‘‘(A) I

N GENERAL

.—In evaluating contract offers sub-

mitted under subsection (a) and contract renewals under

subsection (e), the Secretary shall rank applications based

on—

‘‘(i) the natural resource conservation and environ-

mental benefits that result from the conservation treat-

ment on all applicable priority resource concerns at the

time of submission of the application;

‘‘(ii) the degree to which the proposed conservation

activities increase natural resource conservation and

environmental benefits; and

‘‘(iii) other consistent criteria, as determined by the

Secretary.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(B) A

DDITIONAL CRITERION

.—If 2 or more applications

receive the same ranking under subparagraph (A), the Sec-

retary shall rank those contracts based on the extent to

which the actual and anticipated conservation benefits

from each contract are provided at the lowest cost relative

to other similarly beneficial contract offers.’’;

(2) in subsection (c)—

(A) by striking ‘‘the program under subsection (a)’’ and

inserting ‘‘a contract or contract renewal under this sec-

tion’’;

(B) by inserting ‘‘or contract renewal’’ before ‘‘offer

ranks’’;

ship contract’’; and

(D) by adding ‘‘or contract renewal’’ before the period

at the end;

(3) in subsection (d)(2)(A), by striking ‘‘1238G(d)’’ and in-

serting ‘‘1240L(c)’’; and

(4) in subsection (e)—

(A) in the matter preceding paragraph (1), by striking

‘‘At the end’’ and all that follows through ‘‘period’’ the sec-

ond place it appears and inserting the following: ‘‘The Sec-

retary may provide the producer an opportunity to renew

an existing contract in the first half of the fifth year of the

contract period’’;

(B) in paragraph (1), by striking ‘‘initial’’ and inserting

‘‘existing’’;

(i) by inserting ‘‘new or improved’’ after ‘‘integrate’’;

and

(ii) by inserting ‘‘demonstrating continued im-

provement during the additional 5-year period,’’ after

‘‘operation,’’; and

(D) in paragraph (3)(B), by striking ‘‘to exceed the stew-

ardship threshold of’’ and inserting ‘‘to adopt or improve

conservation activities, as determined by the Secretary, to

achieve higher levels of performance with respect to not less

than’’.

(d) D

UTIES OF

ECRETARY

.—Section 1240L of the Food Security

Act of 1985 (as redesignated by section 2301(b)) is amended—

(1) in subsection (b), in the matter preceding paragraph (1),

by striking ‘‘acres’’ and inserting ‘‘funding’’;

(2) by striking subsection (c);

(3) by redesignating subsections (d) and (e) as subsections

(4) in subsection (c) (as so redesignated), by adding at the

end the following:

‘‘(5) P

AYMENT FOR COVER CROP ACTIVITIES

.—The amount of

a payment under this subsection for cover crop activities shall

be not less than 125 percent of the annual payment amount de-

termined by the Secretary under paragraph (2).’’;

(5) in subsection (d) (as so redesignated)—

(A) in the subsection heading, by inserting ‘‘

AND

VANCED

RAZING

ANAGEMENT

’’ after ‘‘R

OTATIONS

’’;

(B) by striking paragraph (2);

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

graphs (2) and (1), respectively, and moving the para-

graphs so as to appear in numerical order;

(D) in paragraph (1) (as so redesignated)—

(i) by redesignating subparagraphs (A) through (D)

and (E) as clauses (i) through (iv) and (vi), respectively,

and indenting appropriately;

(ii) by striking the paragraph designation and all

that follows through ‘‘the term’’ in the matter preceding

clause (i) (as so redesignated) and inserting the fol-

lowing:

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) A

DVANCED GRAZING MANAGEMENT

.—The term ‘ad-

vanced grazing management’ means the use of a combina-

tion of grazing practices (as determined by the Secretary),

which may include management-intensive rotational graz-

ing, that provide for—

‘‘(i) improved soil health and carbon sequestration;

‘‘(ii) drought resilience;

‘‘(iii) wildlife habitat;

‘‘(iv) wildfire mitigation;

‘‘(v) control of invasive plants; and

‘‘(vi) water quality improvement.

‘‘(B) M

ANAGEMENT

INTENSIVE ROTATIONAL GRAZING

.—

The term ‘management-intensive rotational grazing’ means

a strategic, adaptively managed multipasture grazing sys-

tem in which animals are regularly and systematically

moved to fresh pasture in a manner that—

‘‘(i) maximizes the quantity and quality of forage

growth;

‘‘(ii) improves manure distribution and nutrient cy-

cling;

‘‘(iii) increases carbon sequestration from greater

forage harvest;

‘‘(iv) improves the quality and quantity of cover for

wildlife;

‘‘(v) provides permanent cover to protect the soil

from erosion; and

‘‘(vi) improves water quality.

‘‘(C) R

ESOURCE

CONSERVING CROP ROTATION

.—The

term’’; and

(iii) in subparagraph (C) (as so designated)—

(I) in clause (iv) (as so redesignated), by strik-

ing ‘‘and’’ at the end; and

(II) by inserting after clause (iv) (as so redesig-

nated) the following:

‘‘(v) builds soil organic matter; and’’;

(E) in paragraph (2) (as so redesignated), by striking

‘‘improve resource-conserving’’ and all that follows through

the period at the end and inserting the following: ‘‘improve,

manage, and maintain—

‘‘(A) resource-conserving crop rotations; or

‘‘(B) advanced grazing management.’’;

(F) in paragraph (3)—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘para-

graph (2)’’; and

(ii) by striking ‘‘and maintain’’ and all that follows

through the period at the end and inserting ‘‘or im-

prove, manage, and maintain resource-conserving crop

rotations or advanced grazing management for the

term of the contract.’’; and

(G) by adding at the end the following:

‘‘(4) A

MOUNT OF PAYMENT

.—An additional payment pro-

vided under paragraph (2) shall be not less than 150 percent

of the annual payment amount determined by the Secretary

under subsection (c)(2).’’;

(6) by inserting after subsection (d) (as so redesignated) the

following:

‘‘(e) P

AYMENT FOR

OMPREHENSIVE

ONSERVATION

LAN

.—

‘‘(1) D

EFINITION OF COMPREHENSIVE CONSERVATION PLAN

.—

In this subsection, the term ‘comprehensive conservation plan’

means a conservation plan that meets or exceeds the steward-

ship threshold for each priority resource concern identified by

the Secretary under subsection (a)(2).

‘‘(2) P

AYMENT FOR COMPREHENSIVE CONSERVATION PLAN

.—

The Secretary shall provide a 1-time payment to a producer

that develops a comprehensive conservation plan.

‘‘(3) A

MOUNT OF PAYMENT

.—The Secretary shall determine

the amount of payment under paragraph (2) based on—

‘‘(A) the number of priority resource concerns addressed

in the comprehensive conservation plan; and

‘‘(B) the number of types of land uses included in the

comprehensive conservation plan.’’;

(7) in subsection (f), by striking ‘‘2014 through 2018’’ and

inserting ‘‘2019 through 2023’’;

(8) in subsection (h)—

(A) by striking the subsection designation and heading

and all that follows through ‘‘The Secretary’’ and inserting

the following:

‘‘(h) O

RGANIC

ERTIFICATION

.—

‘‘(1) C

OORDINATION

.—The Secretary’’; and

(B) by adding at the end the following:

‘‘(2) A

LLOCATION

.—

‘‘(A) I

N GENERAL

.—Using funds made available for the

program for each of fiscal years 2019 through 2023, the

Secretary shall allocate funding to States to support or-

ganic production and transition to organic production

through paragraph (1).

‘‘(B) D

ETERMINATION

.—The Secretary shall determine

the allocation to a State under subparagraph (A) based

on—

‘‘(i) the number of certified and transitioning or-

ganic operations within the State; and

‘‘(ii) the number of acres of certified and

transitioning organic production within the State.’’;

and

(9) by adding at the end the following:

‘‘(j) S

TREAMLINING AND

OORDINATION

.—To the maximum ex-

tent feasible, the Secretary shall provide for streamlined and coordi-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

nated procedures for the program and the environmental quality in-

centives program under subchapter A, including applications, con-

tracting, conservation planning, conservation practices, and related

administrative procedures.

‘‘(k) S

OIL

EALTH

.—To the maximum extent feasible, the Sec-

retary shall manage the program to enhance soil health.

‘‘(l) A

NNUAL

EPORT

.—Each fiscal year, the Secretary shall sub-

mit to the Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry of the

Senate a report describing the payment rates for conservation activi-

ties offered to producers under the program and an analysis of

whether payment rates can be reduced for the most expensive con-

servation activities.’’.

SEC. 2309. GRASSLAND CONSERVATION INITIATIVE.

Subchapter B of chapter 4 of subtitle D of title XII of the Food

Security Act of 1985 (as added by subsections (a)(2) and (b) of sec-

tion 2301) is amended by adding at the end the following:

‘‘SEC. 1240L–1. GRASSLAND CONSERVATION INITIATIVE.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE LAND

.—Notwithstanding sections 1240I(4)

and 1240J(b)(2), the term ‘eligible land’ means cropland on a

farm for which base acres have been maintained by the Sec-

retary under section 1112(d)(3) of the Agricultural Act of 2014

(7 U.S.C. 9012(d)(3)).

‘‘(2) I

NITIATIVE

.—The term ‘initiative’ means the grassland

conservation initiative established under subsection (b).

‘‘(b) E

STABLISHMENT AND

URPOSE

.—The Secretary shall estab-

lish within the program a grassland conservation initiative for the

purpose of assisting producers in protecting grazing uses, conserving

and improving soil, water, and wildlife resources, and achieving re-

lated conservation values by conserving eligible land through grass-

land conservation contracts under subsection (e).

‘‘(c) E

LECTION

.—Beginning in fiscal year 2019, the Secretary

shall provide a 1-time election to enroll eligible land in the initiative

under a contract described in subsection (e).

‘‘(d) M

ETHOD OF

NROLLMENT

.—The Secretary shall—

‘‘(1) notwithstanding subsection (b) of section 1240K, deter-

mine under subsection (c) of that section that eligible land

ranks sufficiently high under the evaluation criteria described

in subsection (b) of that section; and

‘‘(2) enroll the eligible land in the initiative under a con-

tract described in subsection (e).

‘‘(e) G

RASSLAND

ONSERVATION

ONTRACT

.—

‘‘(1) I

N GENERAL

.—Notwithstanding section 1240K(a)(1), to

enroll eligible land in the initiative under a grassland conserva-

tion contract, a producer shall agree—

‘‘(A) to meet or exceed the stewardship threshold for not

less than 1 priority resource concern by the date on which

the contract expires; and

‘‘(B) to comply with the terms and conditions of the

contract.

‘‘(2) T

ERMS

.—A grassland conservation contract entered

into under this section shall—

‘‘(A)(i) be for a single 5-year term; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) not be subject to renewal or reenrollment under

section 1240K(e); and

‘‘(B) be subject to section 1240K(d).

‘‘(3) E

ARLY TERMINATION

.—The Secretary shall allow a pro-

ducer that enters into a grassland conservation contract under

this section—

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

‘‘(B) to retain payments already received under the con-

tract.

‘‘(f) G

RASSLAND

ONSERVATION

LAN

.—The grassland conserva-

tion plan developed for eligible land shall be limited to—

‘‘(1) eligible land; and

‘‘(2) resource concerns and activities relating to grassland.

‘‘(g) P

AYMENTS

.—

‘‘(1) I

N GENERAL

.—Beginning in fiscal year 2019, of the

funds made available for this subchapter under section

1241(a)(3)(B), and notwithstanding any payment under title I of

the Agriculture Improvement Act of 2018, an amendment made

by that title, or section 1240L(c), the Secretary shall make an-

nual grassland conservation contract payments to the producer

of any eligible land that is the subject of a grassland conserva-

tion contract under this section.

‘‘(2) P

AYMENT NONELIGIBILITY

.—A grassland conservation

contract under this section shall not be—

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

‘‘(B) subject to the payment limitations under this sub-

chapter.

‘‘(3) L

IMITATION

.—The amount of an annual payment

under this subsection shall be $18 per acre, not to exceed the

number of base acres on a farm.

‘‘(h) C

ONSIDERED

LANTED

.—The Secretary shall consider land

enrolled under a grassland conservation contract under this section

during a crop year to be planted or considered planted to a covered

commodity (as defined in section 1111 of the Agricultural Act of

2014 (7 U.S.C. 9011)) during that crop year.

‘‘(i) O

THER

ONTRACTS

.—A producer with an agricultural oper-

ation that contains land eligible under this section and land eligible

under section 1240K—

‘‘(1) may enroll the land eligible under this section through

a contract under this section or under section 1240K; and

‘‘(2) shall not be prohibited from enrolling the land eligible

under section 1240K through a contract under section 1240K.’’.

Subtitle D—Other Conservation Programs

SEC. 2401. WATERSHED PROTECTION AND FLOOD PREVENTION.

(a) A

SSISTANCE TO

OCAL

RGANIZATIONS

.—Section 3 of the

Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is

amended—

(1) by striking the section designation and all that follows

through ‘‘In order to assist’’ and inserting the following:

‘‘SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.

‘‘(a) I

ENERAL

.—In order to assist’’; and

(2) by adding at the end the following:

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(b) W

AIVER

.—The Secretary may waive the watershed plan for

works of improvement if the Secretary determines that—

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

‘‘(2) the works of improvement are otherwise consistent with

applicable requirements under section 4.’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 14(h)(2)(E) of

the Watershed Protection and Flood Prevention Act (16 U.S.C.

1012(h)(2)(E)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

UNDS OF

OMMODITY

REDIT

ORPORATION

.—The Water-

shed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)

is amended by adding at the end the following:

‘‘SEC. 15. FUNDING.

‘‘In addition to any other funds made available by this Act, of

the funds of the Commodity Credit Corporation, the Secretary shall

make available to carry out this Act $50,000,000 for fiscal year 2019

and each fiscal year thereafter.’’.

SEC. 2402. SOIL AND WATER RESOURCES CONSERVATION.

The Soil and Water Resources Conservation Act of 1977 (16

U.S.C. 2001 et seq.) is amended—

(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ‘‘and De-

cember 31, 2015’’ and inserting ‘‘December 31, 2015, and De-

cember 31, 2022’’;

(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ‘‘, respec-

tively’’ and inserting ‘‘, and a program update shall be com-

pleted by December 31, 2023’’;

(3) in section 7 (16 U.S.C. 2006)—

(A) in subsection (a), by striking ‘‘and 2016’’ and insert-

ing ‘‘, 2016, and 2022’’; and

(B) in subsection (b), in the matter preceding para-

graph (1), by striking ‘‘and 2017’’ and inserting ‘‘, 2017,

and 2023’’; and

(4) in section 10 (16 U.S.C. 2009), by striking ‘‘2018’’ and

inserting ‘‘2023’’.

SEC. 2403. EMERGENCY CONSERVATION PROGRAM.

(a) R

EPAIR OR

EPLACEMENT OF

ENCING

.—

(1) I

N GENERAL

.—Section 401 of the Agricultural Credit Act

of 1978 (16 U.S.C. 2201) is amended—

(A) by inserting ‘‘wildfires,’’ after ‘‘hurricanes,’’;

(B) by striking the section designation and all that fol-

lows through ‘‘The Secretary of Agriculture’’ and inserting

the following:

‘‘SEC. 401. EMERGENCY CONSERVATION PROGRAM.

‘‘(a) I

ENERAL

.—The Secretary of Agriculture (referred to in

this title as the ‘Secretary’)’’; and

‘‘(b) R

EPAIR OR

EPLACEMENT OF

ENCING

.—

‘‘(1) I

N GENERAL

.—With respect to a payment to an agricul-

tural producer under subsection (a) for the repair or replace-

ment of fencing, the Secretary shall give the agricultural pro-

ducer the option of receiving not more than 25 percent of the

payment, determined by the Secretary based on the applicable

percentage of the fair market value of the cost of the repair or

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

replacement, before the agricultural producer carries out the re-

pair or replacement.

‘‘(2) R

ETURN OF FUNDS

.—If the funds provided under para-

graph (1) are not expended by the end of the 60-day period be-

ginning on the date on which the agricultural producer receives

those funds, the funds shall be returned within a reasonable

timeframe, as determined by the Secretary.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) Sections 402, 403, 404, and 405 of the Agricultural

Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are

amended by striking ‘‘Secretary of Agriculture’’ each place

it appears and inserting ‘‘Secretary’’.

(B) Section 407(a) of the Agricultural Credit Act of

1978 (16 U.S.C. 2206(a)) is amended by striking paragraph

(4).

(b) C

OST

HARE

AYMENTS

.—Title IV of the Agricultural Credit

Act of 1978 is amended by inserting after section 402 (16 U.S.C.

2202) the following:

‘‘SEC. 402A. COST-SHARE REQUIREMENT.

‘‘(a) C

OST

ATE

.—Subject to subsections (b) and (c), the

maximum cost-share payment under sections 401 and 402 shall not

exceed 75 percent of the total allowable cost, as determined by the

Secretary.

‘‘(b) E

XCEPTION

.—Notwithstanding subsection (a), a payment to

a limited resource farmer or rancher, a socially disadvantaged

farmer or rancher (as defined in subsection (a) of section 2501 of the

Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279), or a beginning farmer or rancher under section 401 or 402

shall not exceed 90 percent of the total allowable cost, as determined

by the Secretary.

‘‘(c) L

IMITATION

.—The total payment under sections 401 and

402 for a single event may not exceed 50 percent of the agriculture

value of the land, as determined by the Secretary.’’.

AYMENT

IMITATIONS

.—Title IV of the Agricultural Credit

Act of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after

section 402A (as added by subsection (b)) the following:

‘‘SEC. 402B. PAYMENT LIMITATION.

‘‘The maximum payment made under the emergency conserva-

tion program to an agricultural producer under sections 401 and

402 shall not exceed $500,000.’’.

(d) W

ATERSHED

ROTECTION

ROGRAM

.—Section 403 of the Ag-

ricultural Credit Act of 1978 (16 U.S.C. 2203) is amended—

(1) by striking the section heading and inserting ‘‘

EMER

GENCY WATERSHED PROGRAM

’’; and

(2) in subsection (a), by inserting ‘‘watershed protection’’

after ‘‘emergency’’.

(e) F

UNDING AND

DMINISTRATION

.—Section 404 of the Agricul-

tural Credit Act of 1978 (16 U.S.C. 2204) is amended—

(1) in the fourth sentence, by striking ‘‘The Corporation’’

and inserting the following:

‘‘(d) L

IMITATION

.—The Commodity Credit Corporation’’;

(2) in the third sentence (as amended by subsection

(a)(2)(A)), by striking ‘‘In implementing the provisions of’’ and

inserting the following:

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(c) U

SE OF

OMMODITY

REDIT

ORPORATION

.—In imple-

menting’’;

(3) by striking the second sentence;

(4) by striking the section designation and all that follows

through ‘‘There are authorized’’ in the first sentence and insert-

ing the following:

‘‘SEC. 404. FUNDING AND ADMINISTRATION.

‘‘(a) A

UTHORIZATION OF

PPROPRIATIONS

.—There are author-

ized’’;

(5) in subsection (a) (as so designated), by inserting ‘‘, to re-

main available until expended’’ before the period at the end;

and

(6) by inserting after subsection (a) (as so designated) the

following:

‘‘(b) S

ASIDE FOR

ENCING

.—Of the amounts made available

under subsection (a) for a fiscal year, 25 percent shall be set aside

until April 1 of that fiscal year for the repair or replacement of fenc-

ing.’’.

SEC. 2404. CONSERVATION OF PRIVATE GRAZING LAND.

Section 1240M of the Food Security Act of 1985 (16 U.S.C.

3839bb) is amended—

(1) in subsection (c)(2), by adding at the end the following:

‘‘(C) P

ARTNERSHIPS

.—In carrying out the program

under this section, the Secretary shall provide education

and outreach activities through partnerships with—

‘‘(i) land-grant colleges and universities (as defined

in section 1404 of the National Agricultural Research,

Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3103)); and

‘‘(ii) nongovernmental organizations.’’; and

(2) in subsection (e), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 1240O(b)(1)

of the Food Security Act of 1985 (16 U.S.C. 3839bb–2(b)(1)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

(b) A

VAILABILITY OF

UNDS

.—Section 1240O(b) of the Food Se-

curity Act of 1985 (16 U.S.C. 3839bb–2(b)) is amended by adding

at the end the following:

‘‘(3) A

DDITIONAL FUNDING

.—In addition to any other funds

made available under this subsection, of the funds of the Com-

modity Credit Corporation, the Secretary shall use $5,000,000

beginning in fiscal year 2019, to remain available until ex-

pended.’’.

SEC. 2406. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PRO-

GRAM.

Section 1240R of the Food Security Act of 1985 (16 U.S.C.

3839bb–5) is amended—

(1) in subsections (a) and (c), by striking ‘‘grants’’ each

place it appears and inserting ‘‘funding’’;

(2) in subsections (b) and (d)(2), by striking ‘‘a grant’’ each

place it appears and inserting ‘‘funding’’;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(3) in subsection (c)(3) (as amended by section 2202(b)(1)),

by inserting ‘‘or on land covered by a wetland reserve easement

under section 1265C’’ before ‘‘by providing’’; and

(4) in subsection (f)—

(A) in paragraph (1)—

(i) by striking ‘‘2012 and’’ and inserting ‘‘2012,’’;

and

(ii) by inserting ‘‘, and $50,000,000 for the period

of fiscal years 2019 through 2023’’ before the period at

the end;

(B) by redesignating paragraph (2) as paragraph (3);

and

‘‘(2) E

NHANCED PUBLIC ACCESS TO WETLAND RESERVE EASE

MENTS

.—To the maximum extent practicable, of the funds made

available under paragraph (1), the Secretary shall use

$3,000,000 for the period of fiscal years 2019 through 2023 to

encourage public access to land covered by wetland reserve ease-

ments under section 1265C through agreements with States and

tribal governments under this section.’’.

SEC. 2407. WILDLIFE MANAGEMENT.

(a) I

ENERAL

.—The Secretary and the Secretary of the Inte-

rior shall continue to carry out the Working Lands for Wildlife

model of conservation on working landscapes, as implemented on

the day before the date of enactment of this Act, in accordance

with—

(1) the document entitled ‘‘Partnership Agreement Between

the United States Department of Agriculture Natural Resources

Conservation Service and the United States Department of the

Interior Fish and Wildlife Service’’, numbered A–3A7516–937,

and formalized by the Chief of the Natural Resources Conserva-

tion Service on September 15, 2016, and by the Director of the

United States Fish and Wildlife Service on August 4, 2016, as

in effect on September 15, 2016; and

(2) United States Fish and Wildlife Service Director’s Order

No. 217, dated August 9, 2016, as in effect on August 9, 2016.

(b) E

XPANSION OF

ODEL

.—The Secretary and the Secretary of

the Interior may expand the conservation model described in sub-

section (a) through a new partnership agreement between the Farm

Service Agency and the United States Fish and Wildlife Service for

the purpose of carrying out conservation activities for species con-

servation.

XTENSION OF

ERIOD OF

EGULATORY

REDICTABILITY

.—

(1) D

EFINITION OF PERIOD OF REGULATORY PREDICT

ABILITY

.—In this subsection, the term ‘‘period of regulatory pre-

dictability’’ means the period of regulatory predictability under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) ini-

tially determined in accordance with the document and order

described in paragraphs (1) and (2), respectively, of subsection

(a).

(2) E

XTENSION

.—After the period of regulatory predict-

ability, on request of the Secretary, the Secretary of the Interior,

acting through the Director of the United States Fish and Wild-

life Service, may provide additional consultation under section

7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

1536(a)(2)), or additional conference under section 7(a)(4) of

that Act (16 U.S.C. 1536(a)(4)), as applicable, with the Chief of

the Natural Resources Conservation Service or the Adminis-

trator of the Farm Service Agency, as applicable, to extend the

period of regulatory predictability.

SEC. 2408. FERAL SWINE ERADICATION AND CONTROL PILOT PRO-

GRAM.

(a) I

ENERAL

.—The Secretary shall establish a feral swine

eradication and control pilot program to respond to the threat feral

swine pose to agriculture, native ecosystems, and human and ani-

mal health.

(b) D

UTIES OF THE

ECRETARY

.—In carrying out the pilot pro-

gram, the Secretary shall—

(1) study and assess the nature and extent of damage to the

pilot areas caused by feral swine;

(2) develop methods to eradicate or control feral swine in

the pilot areas;

(3) develop methods to restore damage caused by feral

swine; and

(4) provide financial assistance to agricultural producers in

pilot areas.

SSISTANCE

.—The Secretary may provide financial assist-

ance to agricultural producers under the pilot program to imple-

ment methods to—

(1) eradicate or control feral swine in the pilot areas; and

(2) restore damage caused by feral swine.

(d) C

OORDINATION

.—The Secretary shall ensure that the Nat-

ural Resources Conservation Service and the Animal and Plant

Health Inspection Service coordinate for purposes of this section

through State technical committees established under section

1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)).

(e) P

ILOT

REAS

.—The Secretary shall carry out the pilot pro-

gram in areas of States in which feral swine have been identified

as a threat to agriculture, native ecosystems, or human or animal

health, as determined by the Secretary.

(f) C

OST

HARING

.—

(1) F

EDERAL SHARE

.—The Federal share of the costs of ac-

tivities under the pilot program may not exceed 75 percent of

the total costs of such activities.

(2) I

KIND CONTRIBUTIONS

.—The non-Federal share of the

costs of activities under the pilot program may be provided in

the form of in-kind contributions of materials or services.

(g) F

UNDING

.—

(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall use to carry out this sec-

tion $75,000,000 for the period of fiscal years 2019 through

2023.

(2) D

ISTRIBUTION OF FUNDS

.—Of the funds made available

under paragraph (1)—

(A) 50 percent shall be allocated to the Natural Re-

sources Conservation Service to carry out the pilot program,

including the provision of financial assistance to producers

for on-farm trapping and technology related to capturing

and confining feral swine; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(B) 50 percent shall be allocated to the Animal and

Plant Health Inspection Service to carry out the pilot pro-

gram, including the use of established, and testing of inno-

vative, population reduction methods.

(3) L

IMITATION ON ADMINISTRATIVE EXPENSES

.—Not more

than 10 percent of funds made available under this section may

be used for administrative expenses of the pilot program.

SEC. 2409. REPORT ON SMALL WETLANDS.

(a) I

ENERAL

.—The Secretary, acting through the Chief of the

Natural Resources Conservation Service, shall submit to the Com-

mittee on Agriculture of the House of Representatives and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

describing the number of wetlands with an area not more than 1

acre that have been delineated in each of the States of North Da-

kota, South Dakota, Minnesota, and Iowa during fiscal years 2014

through 2018.

(b) R

EQUIREMENT

.—In the report under subsection (a), the Sec-

retary, acting through the Chief of the Natural Resources Conserva-

tion Service, shall list the number of wetlands acres in each State

described in the report by tenths of an acre, and ensure the report

is based on the best available science.

SEC. 2410. SENSE OF CONGRESS RELATING TO INCREASED WATER-

SHED-BASED COLLABORATION.

It is the sense of Congress that the Federal Government should

recognize and encourage partnerships at the watershed level be-

tween nonpoint sources and regulated point sources to advance the

goals of the Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.) and provide benefits to farmers, landowners, and the public.

Subtitle E—Funding and Administration

SEC. 2501. COMMODITY CREDIT CORPORATION.

(a) A

NNUAL

UNDING

.—Section 1241(a) of the Food Security Act

of 1985 (16 U.S.C. 3841(a)) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘2018

(and fiscal year 2019 in the case of the program specified in

paragraph (5))’’ and inserting ‘‘2023’’;

(2) in paragraph (1)—

(A) in subparagraph (A), by striking ‘‘$10,000,000 for

the period of fiscal years 2014 through 2018’’ and inserting

‘‘$12,000,000 for the period of fiscal years 2019 through

2023’’; and

(B) in subparagraph (B)—

(i) by striking ‘‘$33,000,000 for the period of fiscal

years 2014 through 2018’’ and inserting ‘‘$50,000,000

for the period of fiscal years 2019 through 2023, in-

cluding not more than $5,000,000 to provide outreach

and technical assistance,’’; and

(ii) by striking ‘‘retired or retiring owners and op-

erators’’ and inserting ‘‘contract holders’’;

(3) in paragraph (2)—

(A) in subparagraph (D), by striking ‘‘and’’ at the end;

(B) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(F) $450,000,000 for each of fiscal years 2019 through

2023.’’;

(4) by striking paragraph (3) and inserting the following:

‘‘(3) The programs under chapter 4, using, to the maximum

extent practicable—

‘‘(A) for the environmental quality incentives program

under subchapter A of that chapter—

‘‘(i) $1,750,000,000 for fiscal year 2019;

‘‘(ii) $1,750,000,000 for fiscal year 2020;

‘‘(iii) $1,800,000,000 for fiscal year 2021;

‘‘(iv) $1,850,000,000 for fiscal year 2022; and

‘‘(v) $2,025,000,000 for fiscal year 2023; and

‘‘(B) for the conservation stewardship program under

subchapter B of that chapter—

‘‘(i) $700,000,000 for fiscal year 2019;

‘‘(ii) $725,000,000 for fiscal year 2020;

‘‘(iii) $750,000,000 for fiscal year 2021;

‘‘(iv) $800,000,000 for fiscal year 2022; and

‘‘(v) $1,000,000,000 for fiscal year 2023.’’;

(5) in paragraph (4), by inserting ‘‘(as in effect on the day

before the date of enactment of the Agriculture Improvement Act

of 2018), using such sums as are necessary to administer con-

tracts entered into before that date of enactment’’ before the pe-

riod at the end; and

(6) by striking paragraph (5).

(b) A

VAILABILITY OF

UNDS

.—Section 1241(b) of the Food Secu-

rity Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ‘‘2018

(and fiscal year 2019 in the case of the program specified in sub-

section (a)(5))’’ and inserting ‘‘2023’’.

EPORT ON

ROGRAM

NROLLMENTS AND

SSISTANCE

.—Sec-

tion 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i)) is

amended to read as follows:

‘‘(i) R

EPORT ON

ROGRAM

NROLLMENTS AND

SSISTANCE

.—Not

later than December 15 of each of calendar years 2019 through

2023, the Secretary shall submit to the Committee on Agriculture of

the House of Representatives and the Committee on Agriculture, Nu-

trition, and Forestry of the Senate an annual report containing sta-

tistics by State related to enrollments in conservation programs

under this title, as follows:

‘‘(1) The annual and current cumulative activity reflecting

active agreement and contract enrollment statistics.

‘‘(2) Secretarial exceptions, waivers, and significant pay-

ments, including—

‘‘(A) payments made under the agricultural conserva-

tion easement program for easements valued at $250,000 or

greater;

‘‘(B) payments made under the regional conservation

partnership program subject to the waiver of adjusted gross

income limitations pursuant to section 1271C(c)(3);

‘‘(C) waivers granted by the Secretary under section

1001D(b)(3);

‘‘(D) exceptions and activity associated with section

1240B(h)(2); and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(E) exceptions provided by the Secretary under section

1265B(b)(2)(B)(ii).’’.

(d) A

LLOCATIONS

EVIEW AND

PDATE

.—Section 1241(g) of the

Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘January’’ and all that follows through

‘‘shall’’ and inserting ‘‘1 year after the date of enactment of

the Agriculture Improvement Act of 2018, the Secretary,

acting through the Chief of the Natural Resources Con-

servation Service and the Administrator of the Farm Serv-

ice Agency, shall’’;

(B) by inserting ‘‘annual’’ after ‘‘utilize’’; and

source concerns, resource inventories, evaluations and re-

ports, recommendations from State technical committees es-

tablished under section 1261(a),’’ after ‘‘accounting for’’;

and

(2) in paragraph (2)—

(A) by striking ‘‘that the formulas’’ and inserting the

following: ‘‘that—

‘‘(A) the formulas’’;

(B) in subparagraph (A) (as so designated), by striking

the period at the end and inserting a semicolon; and

‘‘(B) to the maximum extent practicable, local natural

resource concerns are considered a leading factor in deter-

mining annual funding allocation to States;

‘‘(C) the process used at the national level to evaluate

State budget proposals and to allocate funds is reviewed

annually to assess the effect of allocations in addressing

identified natural resource priorities and objectives; and

‘‘(D) the allocation of funds to States addresses priority

natural resource concerns and objectives.’’.

(e) A

SSISTANCE TO

ERTAIN

ARMERS OR

ANCHERS FOR

SERVATION

CCESS

.—Section 1241(h) of the Food Security Act of

1985 (16 U.S.C. 3841(h)) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (A) and (B) as

clauses (i) and (ii), respectively, and indenting appro-

priately;

(B) in the matter preceding clause (i) (as so redesig-

nated), by striking ‘‘Of the funds’’ and inserting the fol-

lowing:

‘‘(A) F

ISCAL YEARS 2009 THROUGH 2018

.—Of the funds’’;

and

‘‘(B) F

ISCAL YEARS 2019 THROUGH 2023

.—Of the funds

made available for each of fiscal years 2019 through 2023

to carry out the environmental quality incentives program

under subchapter A of chapter 4 of subtitle D and the con-

servation stewardship program under subchapter B of

chapter 4 of subtitle D, the Secretary shall use, to the max-

imum extent practicable—

‘‘(i) 5 percent to assist beginning farmers or ranch-

ers; and

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) 5 percent to assist socially disadvantaged

farmers or ranchers.’’;

(2) in paragraph (2), by inserting ‘‘and, in the case of fiscal

years 2019 through 2023, under the conservation stewardship

program under subchapter B of chapter 4 of subtitle D’’ before

the period at the end;

(3) in paragraph (3), by striking ‘‘year, acres not obligated

under paragraph (1)’’ and inserting ‘‘year through fiscal year

2018, acres not obligated under paragraph (1)(A)’’; and

(4) in paragraph (4), by striking ‘‘subparagraph (A) or (B)

of paragraph (1)’’ and inserting ‘‘, as applicable, clause (i) or (ii)

of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B)’’.

(f) C

ONSERVATION

TANDARDS AND

EQUIREMENTS

.—Section

1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended

by adding at the end the following:

‘‘(j) C

ONSERVATION

TANDARDS AND

EQUIREMENTS

.—

‘‘(1) I

N GENERAL

.—Subject to the requirements of this title,

the Natural Resources Conservation Service shall serve as the

lead agency in developing and establishing technical standards

and requirements for conservation programs carried out under

this title, including—

‘‘(A) standards for conservation practices under this

title;

‘‘(B) technical guidelines for implementing conservation

practices under this title, including the location of the con-

servation practices; and

‘‘(C) standards for conservation plans.

‘‘(2) C

ONSISTENCY OF FARM SERVICE AGENCY TECHNICAL

STANDARDS AND PAYMENT RATES

.—The Administrator of the

Farm Service Agency shall ensure that—

‘‘(A) technical standards of programs administered by

the Farm Service Agency are consistent with the technical

standards established by the Natural Resources Conserva-

tion Service under paragraph (1); and

‘‘(B) payment rates, to the extent practicable, are con-

sistent between the Farm Service Agency and the Natural

Resources Conservation Service.’’.

SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.

(a) D

EFINITIONS

.—Section 1242(a) of the Food Security Act of

1985 (16 U.S.C. 3842(a)) is amended to read as follows:

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE PARTICIPANT

.—The term ‘eligible participant’

means a producer, landowner, or entity that is participating in,

or seeking to participate in, programs in which the producer,

landowner, or entity is otherwise eligible to participate under

this title or the agricultural management assistance program

under section 524(b) of the Federal Crop Insurance Act (7

U.S.C. 1524(b)).

‘‘(2) T

HIRD

PARTY PROVIDER

.—The term ‘third-party pro-

vider’ means a commercial entity (including a farmer coopera-

tive, agriculture retailer, or other commercial entity (as defined

by the Secretary)), a nonprofit entity, a State or local govern-

ment (including a conservation district), or a Federal agency,

that has expertise in the technical aspect of conservation plan-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

ning, including nutrient management planning, watershed

planning, or environmental engineering.’’.

(b) C

ERTIFICATION

ROCESS

.—Section 1242(e) of the Food Secu-

rity Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at the

end the following:

‘‘(4) C

ERTIFICATION PROCESS

.—The Secretary shall certify a

third-party provider through—

‘‘(A) a certification process administered by the Sec-

retary, acting through the Chief of the Natural Resources

Conservation Service; or

‘‘(B) a non-Federal entity approved by the Secretary to

perform the certification.

‘‘(5) S

TREAMLINED CERTIFICATION

.—The Secretary shall

provide a streamlined certification process for a third-party pro-

vider that has an appropriate specialty certification, including

a sustainability certification.’’.

XPEDITED

EVISION OF

TANDARDS

.—Section 1242(h) of the

Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (A) and inserting the fol-

lowing:

‘‘(A) not later than 1 year after the date of enactment

of the Agriculture Improvement Act of 2018, complete a re-

view of each conservation practice standard, including en-

gineering design specifications, in effect on the day before

the date of enactment of that Act;’’;

(B) in subparagraph (B), by striking ‘‘and’’ at the end;

end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(D) evaluate opportunities to increase flexibility in

conservation practice standards in a manner that ensures

equivalent natural resource benefits.’’;

(2) in paragraph (2), by inserting ‘‘State technical commit-

tees established under section 1261(a),’’ before ‘‘crop consult-

ants’’; and

(3) by striking paragraph (3) and inserting the following:

‘‘(3) E

XPEDITED REVISION OF STANDARDS

.—Not later than 1

year after the date of enactment of the Agriculture Improvement

Act of 2018, the Secretary shall develop for the programs under

this title an administrative process for—

‘‘(A) expediting the establishment and revision of con-

servation practice standards;

‘‘(B) considering conservation innovations and scientific

and technological advancements with respect to any estab-

lishment or revision under subparagraph (A);

‘‘(C) allowing local flexibility in the creation of—

‘‘(i) interim practice standards and supplements to

existing practice standards to address the consider-

ations described in subparagraph (B); and

‘‘(ii) partnership-led proposals for new and innova-

tive techniques to facilitate implementing agreements

and grants under this title; and

‘‘(D) soliciting regular input from State technical com-

mittees established under section 1261(a) for recommenda-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

tions that identify innovations or advancements described

in subparagraph (B).

‘‘(4) R

EPORT

.—Not later than 2 years after the date of en-

actment of the Agriculture Improvement Act of 2018, and every

2 years thereafter, the Secretary shall submit to Congress a re-

port on—

‘‘(A) the administrative process developed under para-

graph (3);

‘‘(B) conservation practice standards that were estab-

lished or revised under that process; and

‘‘(C) conservation innovations that were considered

under that process.’’.

SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION

PROGRAMS.

(a) A

CREAGE

IMITATIONS

.—Section 1244(f) of the Food Security

Act of 1985 (16 U.S.C. 3844(f)) is amended—

(1) in paragraph (1)(B), by striking ‘‘10’’ and inserting ‘‘15’’;

and

(2) in paragraph (5), by striking ‘‘the Agricultural Act of

2014’’ and inserting ‘‘the Agriculture Improvement Act of 2018’’.

(b) R

EQUIREMENTS FOR

ONSERVATION

ROGRAMS

.—Section

1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amend-

ed—

(1) by striking subsection (m);

(2) by redesignating subsections (j) through (l) as sub-

sections (k) through (m), respectively; and

(3) by inserting after subsection (i) the following:

‘‘(j) R

EVIEW AND

UIDANCE FOR

RACTICE

OSTS AND

AYMENT

ATES

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of the Agriculture Improvement Act of 2018, and not

later than October 1 of each year thereafter, the Secretary

shall—

‘‘(A) review the estimates for practice costs and rates of

payments made to producers for practices on eligible land

under this title; and

‘‘(B) evaluate whether those costs and rates reflect a

payment that—

‘‘(i) encourages participation in a conservation pro-

gram administered by the Secretary;

‘‘(ii) encourages implementation of the most effec-

tive practices to address local natural resource con-

cerns on eligible land; and

‘‘(iii) accounts for regional, State, and local varia-

bility relating to the complexity, implementation, and

adoption of practices on eligible land.

‘‘(2) G

UIDANCE

;

REVIEW

.—The Secretary shall—

‘‘(A) issue guidance to States to annually review and

adjust the estimates for practice costs and rates of pay-

ments made to producers to reflect the evaluation factors

described in paragraph (1)(B); and

‘‘(B) determine the appropriate practice costs and rates

of payments for each State by—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(i) annually reviewing each conservation program

payment schedule and payment rate used in the State;

and

‘‘(ii) consulting with the State technical committee

established under section 1261(a) in that State.’’.

UNDING FOR

NDIAN

RIBES

.—Section 1244(m) of the Food

Security Act of 1985 (as redesignated by subsection (b)(2)) is amend-

ed—

(1) by striking ‘‘may’’ and inserting ‘‘shall’’;

(2) by striking ‘‘that the goals’’ and inserting the following:

‘‘that—

‘‘(1) the goals’’;

(3) in paragraph (1) (as so designated), by striking ‘‘ar-

rangements, and that statutory’’ and inserting the following:

‘‘arrangements;

‘‘(2) a sufficient number of eligible participants will be ag-

gregated under the alternative funding arrangement to accom-

plish the underlying purposes and objectives of the applicable

program; and

‘‘(3) statutory’’; and

(4) in paragraph (3) (as so designated), by striking the pe-

riod at the end and inserting ‘‘, except that the Secretary may

approve a waiver if the Secretary is authorized to approve a

waiver under the statutory authority of the applicable pro-

gram.’’.

(d) S

OURCE

ATER

ROTECTION

HROUGH

ARGETING OF

GRI

CULTURAL

RACTICES

.—Section 1244 of the Food Security Act of

1985 (16 U.S.C. 3844) (as amended by subsection (b)) is amended

by adding at the end the following:

‘‘(n) S

OURCE

ATER

ROTECTION

HROUGH

ARGETING OF

RICULTURAL

RACTICES

.—

‘‘(1) I

N GENERAL

.—In carrying out any conservation pro-

gram administered by the Secretary, the Secretary shall encour-

age practices that relate to water quality and water quantity

that protect source water for drinking water (including pro-

tecting against public health threats) while also benefitting ag-

ricultural producers.

‘‘(2) C

OLLABORATION WITH WATER SYSTEMS AND INCREASED

INCENTIVES

.—

‘‘(A) I

N GENERAL

.—In encouraging practices under

paragraph (1), the Secretary shall—

‘‘(i) work collaboratively with community water

systems and State technical committees established

under section 1261(a) to identify, in each State, local

priority areas for the protection of source waters for

drinking water; and

‘‘(ii) subject to subparagraph (B), for practices de-

scribed in paragraph (1), offer to producers increased

incentives and higher payment rates than are otherwise

statutorily authorized by the applicable conservation

program administered by the Secretary.

‘‘(B) L

IMITATION

.—An increased payment under sub-

paragraph (A)(ii) shall not exceed 90 percent of practice

costs associated with planning, design, materials, equip-

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

ment, installation, labor, management, maintenance, or

training.

‘‘(3) R

ESERVATION OF FUNDS

.—

‘‘(A) I

N GENERAL

.—In each of fiscal years 2019 through

2023, the Secretary shall use to carry out this subsection

not less than 10 percent of any funds available for con-

servation programs administered by the Secretary under

this title (other than the conservation reserve program es-

tablished under subchapter B of chapter 1 of subtitle D).

‘‘(B) L

IMITATION

.—Funds available for a specific con-

servation program shall not be transferred to fund a dif-

ferent conservation program under this title.’’.

(e) E

NVIRONMENTAL

ERVICES

ARKET

.—Section 1244 of the

Food Security Act of 1985 (16 U.S.C. 3844) (as amended by sub-

section (d)) is amended by adding at the end the following:

‘‘(o) E

NVIRONMENTAL

ERVICES

ARKET

.—The Secretary may

not prohibit, through a contract, easement, or agreement under this

title, a participant in a conservation program administered by the

Secretary under this title from participating in, and receiving com-

pensation from, an environmental services market if 1 of the pur-

poses of the market is the facilitation of additional conservation

benefits that are consistent with the purposes of the conservation

program administered by the Secretary.’’.

(f) R

EGULATORY

ERTAINTY

.—Section 1244 of the Food Security

Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is

amended by adding at the end the following:

‘‘(p) R

EGULATORY

ERTAINTY

.—

‘‘(1) I

N GENERAL

.—In addition to technical and pro-

grammatic information that the Secretary is otherwise author-

ized to provide, on request of a Federal agency, a State, an In-

dian tribe, or a unit of local government, the Secretary may pro-

vide technical and programmatic information—

‘‘(A) subject to paragraph (2), to the Federal agency,

State, Indian tribe, or unit of local government to support

specifically the development of mechanisms that would pro-

vide regulatory certainty, regulatory predictability, safe

harbor protection, or other similar regulatory assurances to

a farmer, rancher, or private nonindustrial forest land-

owner under a regulatory requirement—

‘‘(i) that relates to soil, water, or wildlife; and

‘‘(ii) over which that Federal agency, State, Indian

tribe, or unit of local government has authority; and

‘‘(B) relating to conservation practices or activities that

could be implemented by a farmer, rancher, or private non-

industrial forest landowner to address a targeted soil,

water, or wildlife resource concern that is the direct subject

of a regulatory requirement enforced by that Federal agen-

cy, State, Indian tribe, or unit of local government, as ap-

plicable.

‘‘(2) M

ECHANISMS

.—The Secretary shall only provide addi-

tional technical and programmatic information under para-

graph (1) if the mechanisms to be developed by the Federal

agency, State, Indian tribe, or unit of local government, as ap-

plicable, under paragraph (1)(A) are anticipated to include, at

a minimum—

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(A) the implementation of 1 or more conservation

practices or activities that effectively addresses the soil,

water, or wildlife resource concern identified under para-

graph (1);

‘‘(B) the on-site confirmation that the applicable con-

servation practices or activities identified under subpara-

graph (A) have been implemented;

‘‘(C) a plan for a periodic audit, as appropriate, of the

continued implementation or maintenance of each of the

conservation practices or activities identified under sub-

paragraph (A); and

‘‘(D) notification to a farmer, rancher, or private non-

industrial forest landowner of, and an opportunity to cor-

rect, any noncompliance with a requirement to obtain regu-

latory certainty, regulatory predictability, safe harbor pro-

tection, or other similar regulatory assurance.

‘‘(3) C

ONTINUING CURRENT COLLABORATION ON SOIL

WATER

OR WILDLIFE CONSERVATION PRACTICES

.—The Secretary shall—

‘‘(A) continue collaboration with Federal agencies,

States, Indian tribes, or local units of government on exist-

ing regulatory certainty, regulatory predictability, safe har-

bor protection, or other similar regulatory assurances in ac-

cordance with paragraph (2); and

‘‘(B) continue collaboration with the Secretary of the In-

terior on consultation under section 7(a)(2) of the Endan-

gered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or con-

ference under section 7(a)(4) of that Act (16 U.S.C.

1536(a)(4)), as applicable, for wildlife conservation efforts,

including the Working Lands for Wildlife model of con-

servation on working landscapes, as implemented on the

day before the date of enactment of the Agriculture Im-

provement Act of 2018, in accordance with—

‘‘(i) the document entitled ‘Partnership Agreement

Between the United States Department of Agriculture

Natural Resources Conservation Service and the

United States Department of the Interior Fish and

Wildlife Service’, numbered A–3A75–16–937, and for-

malized by the Chief of the Natural Resources Con-

servation Service on September 15, 2016, and by the

Director of the United States Fish and Wildlife Service

on August 4, 2016, as in effect on September 15, 2016;

and

‘‘(ii) United States Fish and Wildlife Service Direc-

tor’s Order No. 217, dated August 9, 2016, as in effect

on August 9, 2016.

‘‘(4) S

AVINGS CLAUSE

.—Nothing in this subsection—

‘‘(A) preempts, displaces, or supplants any authority or

right of a Federal agency, a State, an Indian tribe, or a

unit of local government;

‘‘(B) modifies or otherwise affects, preempts, or dis-

places—

‘‘(i) any cause of action; or

‘‘(ii) a provision of Federal or State law estab-

lishing a remedy for a civil or criminal cause of action;

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(C) applies to a case in which the Department of Agri-

culture is the originating agency requesting a consultation

or other technical and programmatic information or assist-

ance from another Federal agency in assisting farmers,

ranchers, or nonindustrial private forest landowners par-

ticipating in a conservation program administered by the

Secretary.’’.

SEC. 2504. TEMPORARY ADMINISTRATION OF CONSERVATION PRO-

GRAMS.

(a) I

NTERIM

DMINISTRATION

.—Subject to subsection (d), the

Secretary shall use the applicable regulations in effect on the day

before the date of enactment of this Act, to the extent that the terms

and conditions of those regulations are consistent with the amend-

ments made by this title, to carry out the programs under laws as

amended by this title, including—

(1) the conservation reserve program under subchapter B of

chapter 1 of subtitle D of title XII of the Food Security Act of

1985 (16 U.S.C. 3831 et seq.) (as amended by subtitle B);

(2) the environmental quality incentives program under

subchapter A of chapter 4 of subtitle D of title XII of the Food

Security Act of 1985 (16 U.S.C. 3839aa et seq) (as added by sec-

tion 2301(a)(1) and amended by subtitle C);

(3) the conservation stewardship program under subchapter

B of chapter 4 of subtitle D of title XII of the Food Security Act

of 1985 (as added by subsections (a)(2) and (b) of section 2301

and amended by subtitle C); and

(4) the agricultural conservation easement program estab-

lished under subtitle H of title XII of the Food Security Act of

1985 (16 U.S.C. 3865 et seq.) (as amended by subtitle F).

(b) R

EGIONAL

ONSERVATION

ARTNERSHIP

ROGRAM

.—Not-

withstanding subsection (e) of section 1271E of the Food Security

Act of 1985 (16 U.S.C. 3871e) (as amended by section 2706), and

subject to subsection (d), for fiscal year 2019, the Secretary may use

an availability of program funding announcement consistent with

the amendments made by subtitle G to carry out the regional con-

servation partnership program under subtitle I of title XII of the

Food Security Act of 1985 (16 U.S.C. 3871 et seq.) without issuing

a regulation.

UNDING

.—The Secretary may only use funds authorized to

be made available by this title or the amendments made by this title

for the specific programs described in paragraphs (1) through (4) of

subsection (a) and subsection (b), in accordance with any restric-

tions on the use of those funds, for the purposes described in sub-

sections (a) and (b).

(d) T

ERMINATION OF

UTHORITY

.—The authority of the Sec-

retary to carry out subsections (a) and (b) shall terminate on Sep-

tember 30, 2019.

(e) P

ERMANENT

DMINISTRATION

.—Effective beginning on the

termination date described in subsection (d), the Secretary shall

carry out this title and the amendments made by this title in ac-

cordance with such final regulations as the Secretary considers nec-

essary to carry out this title and the amendments made by this title.

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

Subtitle F—Agricultural Conservation

Easement Program

SEC. 2601. ESTABLISHMENT AND PURPOSES.

Section 1265(b) of the Food Security Act of 1985 (16 U.S.C.

3865(b)) is amended—

(1) in paragraph (3), by inserting ‘‘that negatively affect the

agricultural uses and conservation values’’ after ‘‘that land’’;

and

(2) in paragraph (4), by striking ‘‘restoring and’’ and insert-

ing ‘‘restoring or’’.

SEC. 2602. DEFINITIONS.

Section 1265A of the Food Security Act of 1985 (16 U.S.C.

3865a) is amended—

(1) in paragraph(1)(B), by striking ‘‘subject to an agricul-

tural land easement plan, as approved by the Secretary’’;

(2) by redesignating paragraphs (2), (3), (4), and (5) as

paragraphs (3), (4), (6), and (7), respectively;

(3) by inserting after paragraph (1) the following:

‘‘(2) B

PROTECT

SELL TRANSACTION

.—

‘‘(A) I

N GENERAL

.—The term ‘buy-protect-sell trans-

action’ means a legal arrangement—

‘‘(i) between an eligible entity and the Secretary re-

lating to land that an eligible entity owns or is going

to purchase prior to acquisition of an agricultural land

easement;

‘‘(ii) under which the eligible entity certifies to the

Secretary that the eligible entity shall—

‘‘(I)(aa) hold an agricultural land easement on

that land, but transfer ownership of the land to a

farmer or rancher that is not an eligible entity

prior to or on acquisition of the agricultural land

easement; or

‘‘(bb) hold an agricultural land easement on

that land, but transfer ownership of the land to a

farmer or rancher that is not an eligible entity in

a timely manner and, subject to subparagraph (B),

not later than 3 years after the date of acquisition

of the agricultural land easement; and

‘‘(II) make an initial sale of the land subject to

the agricultural land easement to a farmer or

rancher at not more than agricultural value, plus

any reasonable holding and transaction costs in-

curred by the eligible entity, as determined by the

Secretary; and

‘‘(iii) under which the Secretary shall be reim-

bursed for the entirety of the Federal share of the cost

of the agricultural land easement by the eligible entity

if the eligible entity fails to transfer ownership under

item (aa) or (bb), as applicable, of clause (ii)(I).

‘‘(B) T

IME EXTENSION

.—Under subparagraph

(A)(ii)(I)(bb), an eligible entity may transfer land later than

3 years after the date of acquisition of the agricultural land

100

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

easement if the Secretary determines an extension of time

is justified.’’;

(4) in paragraph (4) (as so redesignated)—

(A) in subparagraph (A)(i)—

(i) by striking ‘‘to a’’ and inserting the following:

‘‘to—

‘‘(I) a’’;

(ii) in subclause (I) (as so designated), by adding

‘‘or’’ at the end; and

(iii) by adding at the end the following:

‘‘(II) a buy-protect-sell transaction;’’; and

(B) in subparagraph (B)(i)(II), by striking ‘‘, as deter-

mined by the Secretary in consultation with the Secretary

of the Interior at the local level’’; and

(5) by inserting after paragraph (4) (as so redesignated) the

following:

‘‘(5) M

ONITORING REPORT

.—The term ‘monitoring report’

means a report, the contents of which are formulated and pre-

pared by the holder of an agricultural land easement, that ac-

curately documents whether the land subject to the agricultural

land easement is in compliance with the terms and conditions

of the agricultural land easement.’’.

SEC. 2603. AGRICULTURAL LAND EASEMENTS.

(a) A

VAILABILITY OF

SSISTANCE

.—Section 1265B(a) of the Food

Security Act of 1985 (16 U.S.C. 3865b(a)) is amended—

(1) in paragraph (1), by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking ‘‘provide for the conserva-

tion of natural resources pursuant to an agricultural land ease-

ment plan.’’ and inserting ‘‘implement the program, including

technical assistance for the development of a conservation plan

under subsection (b)(4)(C)(iv); and’’; and

(3) by adding at the end the following:

‘‘(3) buy-protect-sell transactions.’’.

(b) C

OST

SSISTANCE

.—

(1) S

COPE OF ASSISTANCE AVAILABLE

.—Section 1265B(b)(2)

of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is

amended—

(A) in subparagraph (B), by striking clause (ii) and in-

serting the following:

‘‘(ii) G

RASSLANDS EXCEPTION

.—In the case of

grassland of special environmental significance, as de-

termined by the Secretary, the Secretary may provide

an amount not to exceed 75 percent of the fair market

value of the agricultural land easement.

‘‘(iii) P

ERMISSIBLE FORMS

.—The non-Federal share

provided by an eligible entity under this subparagraph

may comprise—

‘‘(I) cash resources;

‘‘(II) a charitable donation or qualified con-

servation contribution (as defined in section 170(h)

of the Internal Revenue Code of 1986) from the pri-

vate landowner from which the agricultural land

easement will be purchased;

101

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(III) costs associated with securing a deed to

the agricultural land easement, including the cost

of appraisal, survey, inspection, and title; and

‘‘(IV) other costs, as determined by the Sec-

retary.’’; and

(B) by striking subparagraph (C).

(2) E

VALUATION AND RANKING OF APPLICATIONS

.—Section

1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.

3865b(b)(3)) is amended—

(A) by redesignating subparagraph (C) as subpara-

graph (E); and

(B) by inserting after subparagraph (B) the following:

‘‘(C) A

CCOUNTING FOR GEOGRAPHIC DIFFERENCES

.—The

Secretary may adjust the criteria established under sub-

paragraph (A) to account for geographic differences, if the

adjustments—

‘‘(i) meet the purposes of the program; and

‘‘(ii) continue to maximize the benefit of the Federal

investment under the program.

‘‘(D) P

RIORITY

.—In evaluating applications under the

program, the Secretary may give priority to an application

for the purchase of an agricultural land easement that, as

determined by the Secretary, maintains agricultural viabil-

ity.’’.

(3) A

GREEMENTS WITH ELIGIBLE ENTITIES

.—Section

1265B(b)(4) of the Food Security Act of 1985 (16 U.S.C.

3865b(b)(4)) is amended—

(A) in subparagraph (C), by striking clauses (iii) and

(iv) and inserting the following:

‘‘(iii) include a right of enforcement for the Sec-

retary that—

‘‘(I) may be used only if the terms and condi-

tions of the easement are not enforced by the eligi-

ble entity; and

‘‘(II) does not extend to a right of inspection

unless—

‘‘(aa)(AA) the holder of the easement fails

to provide monitoring reports in a timely man-

ner; or

‘‘(BB) the Secretary has a reasonable and

articulable belief that the terms and condi-

tions of the easement have been violated; and

‘‘(bb) prior to the inspection, the Secretary

notifies the eligible entity and the landowner

of the inspection and provides a reasonable op-

portunity for the eligible entity and the land-

owner to participate in the inspection;

‘‘(iv) include a conservation plan only for any por-

tion of the land subject to the agricultural land ease-

ment that is highly erodible cropland; and’’;

(B) by redesignating subparagraphs (D) and (E) as

subparagraphs (E) and (F), respectively; and

102

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(D) A

DDITIONAL PERMITTED TERMS AND CONDITIONS

.—

An eligible entity may include terms and conditions for an

agricultural land easement that—

‘‘(i) are intended to keep the land subject to the ag-

ricultural land easement under the ownership of a

farmer or rancher, as determined by the Secretary;

‘‘(ii) allow subsurface mineral development on the

land subject to the agricultural land easement and in

accordance with applicable State law if, as determined

by the Secretary—

‘‘(I) the subsurface mineral development—

‘‘(aa) has a limited and localized impact;

‘‘(bb) does not harm the agricultural use

and conservation values of the land subject to

the easement;

‘‘(cc) does not materially alter or affect the

existing topography;

‘‘(dd) shall comply with a subsurface min-

eral development plan that—

‘‘(AA) includes a plan for the remedi-

ation of impacts to the agricultural use

and conservation values of the land sub-

ject to the easement; and

‘‘(BB) is approved by the Secretary

prior to the initiation of mineral develop-

ment activity;

‘‘(ee) is not accomplished by any surface

mining method;

‘‘(ff) is within the impervious surface lim-

its of the easement under subparagraph (C)(v);

and

‘‘(gg) uses practices and technologies that

minimize the duration and intensity of im-

pacts to the agricultural use and conservation

values of the land subject to the easement; and

‘‘(II) each area impacted by the subsurface

mineral development shall be reclaimed and re-

stored by the holder of the mineral rights at ces-

sation of operation; and

‘‘(iii) include other relevant activities relating to

the agricultural land easement, as determined by the

Secretary.’’.

(4) C

ERTIFICATION OF ELIGIBLE ENTITIES

.—Section

1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C.

3865b(b)(5)) is amended—

(A) in subparagraph (A)—

(i) in clause (ii), by striking ‘‘; and’’ and inserting

a semicolon;

(ii) in clause (iii), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(iv) allow a certified eligible entity to use its own

terms and conditions, notwithstanding paragraph

(4)(C), as long as the terms and conditions are con-

sistent with the purposes of the program.’’; and

103

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(B) in subparagraph (B)—

(i) in clause (iii), by redesignating subclauses (I)

through (III) as items (aa) through (cc), respectively,

and indenting appropriately;

(ii) by redesignating clauses (i) through (iii) as

subclauses (I) through (III), respectively, and indenting

appropriately;

(iii) in the matter preceding subclause (I) (as so re-

designated), by striking ‘‘entity will’’ and inserting the

following: ‘‘eligible entity—

‘‘(i) will’’;

(iv) in clause (i)(III)(cc) (as so redesignated), by

striking the period at the end and inserting a semi-

colon; and

(v) by adding at the end the following:

‘‘(ii) has—

‘‘(I) been accredited by the Land Trust Accredi-

tation Commission, or by an equivalent accrediting

body, as determined by the Secretary;

‘‘(II) acquired not fewer than 10 agricultural

land easements under the program or any prede-

cessor program; and

‘‘(III) successfully met the responsibilities of

the eligible entity under the applicable agreements

with the Secretary, as determined by the Secretary,

relating to agricultural land easements that the el-

igible entity has acquired under the program or

any predecessor program; or

‘‘(iii) is a State department of agriculture or other

State agency with statutory authority for farm and

ranchland protection that has—

‘‘(I) acquired not fewer than 10 agricultural

land easements under the program or any prede-

cessor program; and

‘‘(II) successfully met the responsibilities of the

eligible entity under the applicable agreements

with the Secretary, as determined by the Secretary,

relating to agricultural land easements that the el-

igible entity has acquired under the program or

any predecessor program.’’.

(5) T

ECHNICAL ASSISTANCE

.—Section 1265B of the Food Se-

curity Act of 1985 (16 U.S.C. 3865b) is amended by striking

subsection (d) and inserting the following:

‘‘(d) T

ECHNICAL

SSISTANCE

.—The Secretary may provide tech-

nical assistance, if requested, to assist in compliance with the terms

and conditions of easements.’’.

SEC. 2604. WETLAND RESERVE EASEMENTS.

Section 1265C of the Food Security Act of 1985 (16 U.S.C.

3865c) is amended—

(1) in subsection (b)—

(A) in paragraph (3)(C), by inserting ‘‘or improving

water quality’’ before the period at the end; and

(B) in paragraph (5)—

(i) in subparagraph (C)—

104

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(I) by striking ‘‘Land subject’’ and inserting

the following:

‘‘(i) I

N GENERAL

.—Land subject’’;

(II) in clause (i) (as so designated), by insert-

ing ‘‘water management,’’ after ‘‘timber harvest,’’;

and

(III) by adding at the end the following:

‘‘(ii) C

OMPATIBLE USE AUTHORIZATION

.—In evalu-

ating and authorizing a compatible economic use

under clause (i), the Secretary shall—

‘‘(I) request and consider the advice of the ap-

plicable State technical committee established

under section 1261(a) about the 1 or more types of

uses that may be authorized to be conducted on

land subject to a wetland reserve easement, includ-

ing the frequency, timing, and intensity of those

uses;

‘‘(II) consider the ability of an authorized use

to facilitate the practical administration and man-

agement of that land; and

‘‘(III) ensure that an authorized use furthers

the functions and values for which the wetland re-

serve easement was established.’’; and

(ii) in subparagraph (D)(i)(III), by inserting after

‘‘under subsection (f)’’ the following: ‘‘or a grazing man-

agement plan that is consistent with the wetland re-

serve easement plan and has been reviewed, and modi-

fied as necessary, at least every 5 years’’; and

(2) in subsection (f)—

(A) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) W

ETLAND RESERVE EASEMENT PLAN

.—

‘‘(A) I

N GENERAL

.—The Secretary shall develop a wet-

land reserve easement plan—

‘‘(i) for any eligible land subject to a wetland re-

serve easement; and

‘‘(ii) that restores, protects, enhances, manages,

maintains, and monitors the eligible land subject to the

wetland reserve easements acquired under this section.

‘‘(B) P

RACTICES AND ACTIVITIES

.—A wetland reserve

easement plan under subparagraph (A) shall include prac-

tices and activities, including repair or replacement, that

are necessary to restore and maintain the enrolled land

and the functions and values of the wetland subject to a

wetland reserve easement.’’;

(B) by redesignating paragraphs (2) and (3) as para-

graphs (3) and (4), respectively; and

‘‘(2) A

LTERNATIVE PLANT COMMUNITIES

.—The Secretary, in

coordination with State technical committees established under

section 1261(a) and pursuant to State-specific criteria and

guidelines, may authorize the establishment or restoration of a

hydrologically appropriate native community or alternative nat-

uralized vegetative community as part of a wetland reserve

easement plan on land subject to a wetland reserve easement if

105

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

that hydrologically appropriate native or alternative natural-

ized vegetative community shall—

‘‘(A) substantially support or benefit migratory water-

fowl or other wetland wildlife; or

‘‘(B) meet local resource concerns or needs (including as

an element of a regional, State, or local wildlife initiative

or plan).’’.

SEC. 2605. ADMINISTRATION.

Section 1265D of the Food Security Act of 1985 (16 U.S.C.

3865d) is amended—

(1) in paragraph (a)(4), by striking ‘‘proposed’’ and insert-

ing ‘‘permitted’’;

(2) by striking subsection (c) and inserting the following:

‘‘(c) S

UBORDINATION

, E

XCHANGE

, M

ODIFICATION

AND

ERMI

NATION

.—

‘‘(1) S

UBORDINATION

.—The Secretary may subordinate any

interest in land, or portion of such interest, administered by the

Secretary (including for the purposes of utilities and energy

transmission services) either directly or on behalf of the Com-

modity Credit Corporation under the program if the Secretary

determines that the subordination—

‘‘(A) increases conservation values or has a limited neg-

ative effect on conservation values;

‘‘(B) minimally affects the acreage subject to the inter-

est in land; and

‘‘(C) is in the public interest or furthers the practical

administration of the program.

‘‘(2) M

ODIFICATION AND EXCHANGE

.—

‘‘(A) A

UTHORITY

.—The Secretary may approve a modi-

fication or exchange of any interest in land, or portion of

such interest, administered by the Secretary, either directly

or on behalf of the Commodity Credit Corporation under

the program if the Secretary determines that—

‘‘(i) no reasonable alternative exists and the effect

on the interest in land is avoided or minimized to the

extent practicable; and

‘‘(ii) the modification or exchange—

‘‘(I) results in equal or increased conservation

values;

‘‘(II) results in equal or greater economic value

to the United States;

‘‘(III) is consistent with the original intent of

the easement;

‘‘(IV) is consistent with the purposes of the pro-

gram; and

‘‘(V) is in the public interest or furthers the

practical administration of the program.

‘‘(B) L

IMITATION

.—In modifying or exchanging an in-

terest in land, or portion of such interest, under this para-

graph, the Secretary may not increase any payment to an

eligible entity.

‘‘(3) T

ERMINATION

.—The Secretary may approve a termi-

nation of any interest in land, or portion of such interest, ad-

ministered by the Secretary, directly or on behalf of the Com-

106

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

modity Credit Corporation under the program if the Secretary

determines that—

‘‘(A) termination is in the interest of the Federal Gov-

ernment;

‘‘(B) the United States will be fully compensated for—

‘‘(i) the fair market value of the interest in land;

‘‘(ii) any costs relating to the termination; and

‘‘(iii) any damages determined appropriate by the

Secretary; and

‘‘(C) the termination will—

‘‘(i) address a compelling public need for which

there is no practicable alternative even with avoidance

and minimization; and

‘‘(ii) further the practical administration of the

program.

‘‘(4) C

ONSENT

.—The Secretary shall obtain consent from the

landowner and eligible entity, if applicable, for any subordina-

tion, exchange, modification, or termination of interest in land,

or portion of such interest, under this subsection.

‘‘(5) N

OTICE

.—At least 90 days before taking any termi-

nation action described in paragraph (3), the Secretary shall

provide written notice of such action to the Committee on Agri-

culture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate.’’; and

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘transferred into the

program’’ and inserting ‘‘enrolled in an easement under sec-

tion 1265C(b)’’; and

(B) by adding at the end the following:

‘‘(3) A

GRICULTURAL LAND EASEMENTS

.—A farmer or ranch-

er who owns eligible land subject to an agricultural land ease-

ment may enter into a contract under subchapter B of chapter

1 of subtitle D.’’.

Subtitle G—Regional Conservation

Partnership Program

SEC. 2701. ESTABLISHMENT AND PURPOSES.

Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871)

is amended—

(1) in subsection (a)—

(A) in paragraph (1), by inserting ‘‘, including partner-

ship agreements funded through alternative funding ar-

rangements or grant agreements under section 1271C(d),’’

after ‘‘partnership agreements’’; and

(B) in paragraph (2), by striking ‘‘contracts with pro-

ducers’’ and inserting ‘‘program contracts with producers’’;

and

(2) in subsection (b)—

(A) in paragraph (1), in the matter preceding subpara-

graph (A), by striking ‘‘use covered programs’’ and inserting

‘‘carry out eligible activities’’;

(B) by striking paragraph (2) and inserting the fol-

lowing:

107

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(2) To further the conservation, protection, restoration, and

sustainable use of soil, water (including sources of drinking

water and groundwater), wildlife, agricultural land, and re-

lated natural resources on eligible land on a regional or water-

shed scale.’’;

(i) in subparagraph (A), by inserting ‘‘, including

through alignment of partnership projects with other

national, State, and local agencies and programs ad-

dressing similar natural resource or environmental

concerns’’ after ‘‘eligible land’’; and

(ii) in subparagraph (B), by striking ‘‘installation’’

and inserting ‘‘adoption, installation,’’; and

(D) by adding at the end the following:

‘‘(4) To encourage the flexible and streamlined delivery of

conservation assistance to producers through partnership agree-

ments.

‘‘(5) To engage producers and eligible partners in conserva-

tion projects to achieve greater conservation outcomes and bene-

fits for producers than would otherwise be achieved.’’.

SEC. 2702. DEFINITIONS.

Section 1271A of the Food Security Act of 1985 (16 U.S.C.

3871a) is amended—

(1) in paragraph (1)—

(A) in subparagraph (C), by inserting ‘‘, not including

the grassland conservation initiative under section 1240L–

1’’ before the period at the end; and

(B) by adding at the end the following:

‘‘(E) The conservation reserve program established

under subchapter B of chapter 1 of subtitle D.

‘‘(F) The programs established by the Secretary to carry

out the Watershed Protection and Flood Prevention Act (16

U.S.C. 1001 et seq.), except for any program established by

the Secretary to carry out section 14 (16 U.S.C. 1012) of

that Act.’’;

(2) by striking paragraphs (2) and (3) and inserting the fol-

lowing:

‘‘(2) E

LIGIBLE ACTIVITY

.—The term ‘eligible activity’ means

a practice, activity, agreement, easement, or related conserva-

tion measure that is available under the statutory authority for

a covered program.

‘‘(3) E

LIGIBLE LAND

.—The term ‘eligible land’ means any

agricultural or nonindustrial private forest land or associated

land on which the Secretary determines an eligible activity

would help achieve conservation benefits.’’;

(3) in paragraph (4)—

(A) in subparagraph (E), by inserting ‘‘acequia,’’ after

‘‘irrigation district,’’; and

(B) by adding at the end the following:

‘‘(I) An organization described in section 1265A(3)(B).

‘‘(J) A conservation district.’’;

(4) by striking paragraph (5) and inserting the following:

‘‘(5) P

ARTNERSHIP AGREEMENT

.—The term ‘partnership

agreement’ means the programmatic agreement entered into be-

108

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

tween the Secretary and an eligible partner, subject to the terms

and conditions under section 1271B.’’; and

(5) by adding at the end the following:

‘‘(7) P

ROGRAM CONTRACT

.—

‘‘(A) I

N GENERAL

.—The term ‘program contract’ means

the contract between the Secretary and a producer entered

into under this subtitle.

‘‘(B) E

XCLUSION

.—The term ‘program contract’ does not

include a contract under a covered program.’’.

SEC. 2703. REGIONAL CONSERVATION PARTNERSHIPS.

Section 1271B of the Food Security Act of 1985 (16 U.S.C.

3871b) is amended—

(1) by striking subsection (b) and inserting the following:

‘‘(b) L

ENGTH

.—

‘‘(1) I

N GENERAL

.—A partnership agreement shall be—

‘‘(A) for a period not to exceed 5 years; or

‘‘(B) for a period that is longer than 5 years, if the

longer period is necessary to meet the objectives of the pro-

gram, as determined by the Secretary.

‘‘(2) R

ENEWAL

.—A partnership agreement may be renewed

under subsection (e)(5) for a period not to exceed 5 years.

‘‘(3) E

XTENSION

.—A partnership agreement, or any renewal

of a partnership agreement, may each be extended 1 time for a

period not longer than 12 months, as determined by the Sec-

retary.’’;

(2) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by redesignating clauses (iii) and (iv) as

clauses (iv) and (v), respectively; and

(II) by striking clauses (i) and (ii) and insert-

ing the following:

‘‘(i) 1 or more conservation benefits that the project

shall achieve;

‘‘(ii) the eligible activities on eligible land to be

conducted under the project to achieve conservation

benefits;

‘‘(iii) the implementation timeline for carrying out

the project, including any interim milestones;’’;

(ii) in subparagraph (D), by striking ‘‘funds’’ and

inserting ‘‘contributions’’; and

(iii) in subparagraph (E), by striking ‘‘of the

project’s effects; and’’ and inserting the following: ‘‘of—

‘‘(i) the progress made by the project in achieving

each conservation benefit defined in the partnership

agreement, including in a quantified form to the extent

practicable; and

‘‘(ii) as appropriate, other outcomes of the project;

and’’; and

(B) in paragraph (2)—

(i) by striking ‘‘An eligible’’ and inserting the fol-

lowing:

‘‘(A) I

N GENERAL

.—An eligible’’; and

(ii) by adding at the end the following:

109

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(B) F

ORM

.—A contribution of an eligible partner

under this paragraph may be in the form of—

‘‘(i) direct funding;

‘‘(ii) in-kind support; or

‘‘(iii) a combination of direct funding and in-kind

support.

‘‘(C) T

REATMENT

.—Any amounts expended during the

period beginning on the date on which the Secretary an-

nounces the approval of an application under subsection (e)

and ending on the day before the effective date of the part-

nership agreement by an eligible partner for staff salaries

or development of the partnership agreement may be con-

sidered to be a part of the contribution of the eligible part-

ner under this paragraph.’’;

(3) by redesignating subsection (d) as subsection (e);

(4) by inserting after subsection (c) the following:

‘‘(d) D

UTIES OF

ECRETARY

.—The Secretary shall—

‘‘(1) establish a timeline for carrying out the duties of the

Secretary under a partnership agreement, including—

‘‘(A) entering into program contracts with producers;

‘‘(B) providing financial assistance to producers; and

‘‘(C) in the case of a partnership agreement that is

funded through an alternative funding arrangement or

grant agreement under section 1271C(d), providing the pay-

ments to the eligible partner for carrying out eligible activi-

ties;

‘‘(2) identify in each State a program coordinator for the

State, who shall be responsible for providing assistance to eligi-

ble partners under the program;

‘‘(3) establish guidance to assist eligible partners with car-

rying out the assessment required under subsection (c)(1)(E);

‘‘(4) provide to each eligible partner that has entered into

a partnership agreement that is not funded through an alter-

native funding arrangement or grant agreement under section

1271C(d)—

‘‘(A) a semiannual report describing the status of each

pending and obligated contract under the project of the eli-

gible partner; and

‘‘(B) an annual report describing how the Secretary

used amounts reserved by the Secretary for that year for

technical assistance under section 1271D(f); and

‘‘(5) ensure that any eligible activity effectively achieves the

conservation benefits identified in the partnership agreement

under subsection (c)(1)(A)(i).’’;

(5) in subsection (e) (as redesignated by paragraph (3))—

(A) in paragraph (1), by inserting ‘‘simplified’’ after

‘‘conduct a’’;

(B) in paragraph (3)—

(i) by striking the paragraph designation and

heading and all that follows through ‘‘description of—

’’ and inserting the following:

‘‘(3) C

ONTENTS

.—The Secretary shall develop a simplified

application that includes a description of—’’;

(ii) in subparagraph (C), by striking ‘‘, including

the covered programs to be used’’; and

110

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(iii) in subparagraph (D), by striking ‘‘financial’’;

(i) by striking subparagraph (D);

(ii) by redesignating subparagraphs (E) and (F) as

subparagraphs (G) and (H), respectively; and

(iii) by inserting after subparagraph (C) the fol-

lowing:

‘‘(D) build new partnerships with local, State, and pri-

vate entities to include a diversity of stakeholders in the

project;

‘‘(E) deliver a high percentage of applied conserva-

tion—

‘‘(i) to achieve conservation benefits; or

‘‘(ii) in the case of a project in a critical conserva-

tion area under section 1271F, to address the priority

resource concern for that critical conservation area;

‘‘(F) implement the project consistent with existing wa-

tershed, habitat, or other area restoration plans;’’; and

(D) by adding at the end the following:

‘‘(5) R

ENEWALS

.—If the Secretary determines that a project

that is the subject of a partnership agreement has met or ex-

ceeded the objectives of the project, the Secretary may renew the

partnership agreement through an expedited noncompetitive

process if the 1 or more eligible partners that are parties to the

partnership agreement request the renewal in order—

‘‘(A) to continue to implement the project under a re-

newal of the partnership agreement; or

‘‘(B) to expand the scope of the project under a renewal

of the partnership agreement, as long as the expansion is

within the objectives and purposes of the original partner-

ship agreement.’’; and

(6) by adding at the end the following:

‘‘(f) N

ONAPPLICABILITY OF

DJUSTED

ROSS

NCOME

IMITA

TION

.—The adjusted gross income limitation described in section

1001D(b)(1) shall not apply to an eligible partner under the pro-

gram.’’.

SEC. 2704. ASSISTANCE TO PRODUCERS.

Section 1271C of the Food Security Act of 1985 (16 U.S.C.

3871c) is amended—

(1) by striking subsections (a) and (b) and inserting the fol-

lowing:

‘‘(a) I

ENERAL

.—A producer may receive financial or tech-

nical assistance to conduct eligible activities on eligible land

through a program contract entered into with the Secretary.

‘‘(b) P

ROGRAM

ONTRACTS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish a program

contract to be entered into with a producer to conduct eligible

activities on eligible land, subject to such terms and conditions

as the Secretary may establish.

‘‘(2) A

PPLICATION BUNDLES

.—

‘‘(A) I

N GENERAL

.—An eligible partner may submit to

the Secretary, on behalf of producers, a bundle of applica-

tions for assistance under the program through program

contracts to address a substantial portion of the conserva-

111

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

tion benefits to be achieved by the project, as defined in the

partnership agreement.

‘‘(B) P

RIORITY

.—The Secretary may give priority to ap-

plications described in subparagraph (A).’’;

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘In accordance with

statutory requirements of the covered programs involved,

the Secretary may make payments to a producer’’ and in-

serting ‘‘Subject to section 1271D, the Secretary may make

payments to a producer’’; and

(B) in paragraph (3), by striking ‘‘participating’’; and

(3) by adding at the end the following:

‘‘(d) F

UNDING

HROUGH

LTERNATIVE

UNDING

RRANGEMENTS

RANT

GREEMENTS

.—

‘‘(1) I

N GENERAL

.—A partnership agreement entered into

with an eligible partner may be funded through an alternative

funding arrangement or grant in accordance with this sub-

section.

‘‘(2) D

UTIES OF THE SECRETARY

.—The Secretary shall—

‘‘(A) under a funding agreement under paragraph (1)—

‘‘(i) use funding made available to carry out this

subtitle to provide funding directly to the eligible part-

ner; and

‘‘(ii) provide technical and administrative assist-

ance, as mutually agreed by the parties; and

‘‘(B) enter into not more than 15 alternative funding

arrangements or grant agreements with 1 or more eligible

partners each fiscal year.

‘‘(3) D

UTIES OF ELIGIBLE PARTNERS

.—Under a funding

agreement under paragraph (1), the eligible partner shall—

‘‘(A) carry out eligible activities on eligible land in

agreement with producers to achieve conservation benefits

on a regional or watershed scale, such as—

‘‘(i) infrastructure investments relating to agricul-

tural or nonindustrial private forest production that

would—

‘‘(I) benefit multiple producers; and

‘‘(II) address natural resource concerns such as

drought, wildfire, or water quality impairment on

the land covered by the project;

‘‘(ii) projects addressing natural resources concerns

in coordination with producers, including the develop-

ment and implementation of watershed, habitat, or

other area restoration plans;

‘‘(iii) projects that use innovative approaches to

leveraging the Federal investment in conservation with

private financial mechanisms, in conjunction with ag-

ricultural production or forest resource management,

such as—

‘‘(I) the provision of performance-based pay-

ments to producers; and

‘‘(II) support for an environmental market; or

‘‘(iv) other projects for which the Secretary deter-

mines that the goals and objectives of the program

112

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

would be easier to achieve through the funding agree-

ment under paragraph (1); and

‘‘(B) submit to the Secretary, in addition to any infor-

mation that the Secretary requires to prepare the report

under section 1271E(b), an annual report that describes the

status of the project, including a description of—

‘‘(i) the use of the funds awarded under paragraph

(1);

‘‘(ii) any subcontracts awarded;

‘‘(iii) the producers receiving funding through the

funding agreement under paragraph (1);

‘‘(iv)(I) the progress made by the project in address-

ing each natural resource concern defined in the fund-

ing agreement under paragraph (1), including in a

quantified form to the extent practicable; and

‘‘(II) as appropriate, other outcomes of the project;

and

‘‘(v) any other reporting data the Secretary deter-

mines are necessary to ensure compliance with the pro-

gram rules.’’.

SEC. 2705. FUNDING.

Section 1271D of the Food Security Act of 1985 (16 U.S.C.

3871d) is amended—

(1) in subsection (a)—

(A) by striking ‘‘$100,000,000’’ and inserting

‘‘$300,000,000’’; and

(B) by striking ‘‘2014 through 2018’’ and inserting

‘‘2019 through 2023’’;

(2) by striking subsection (c);

(3) by redesignating subsections (d) and (e) as subsections

(4) in subsection (c) (as so redesignated)—

(A) in the matter preceding paragraph (1)—

(i) by striking ‘‘and acres’’; and

(ii) by striking ‘‘and reserved for the program

under subsection (c)’’;

(B) in paragraph (1)—

(i) by striking ‘‘25 percent of the funds and acres

to projects based on a State competitive process admin-

istered by the State Conservationist, with the advice of

the State technical committee’’ and inserting ‘‘50 per-

cent of the funds to projects based on a State or

multistate competitive process administered by the Sec-

retary at the local level with the advice of the applica-

ble State technical committees’’; and

(ii) by adding ‘‘and’’ after the semicolon;

(D) by redesignating paragraph (3) as paragraph (2);

and

(E) in paragraph (2) (as so redesignated), by striking

‘‘35 percent of the funds and acres’’ and inserting ‘‘50 per-

cent of the funds’’;

(5) in subsection (d) (as so redesignated)—

(A) by striking ‘‘None of the funds made available or

reserved for the program’’ and inserting the following:

113

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

none of the funds made available for the program, including for

a partnership agreement funded through an alternative funding

arrangement or grant agreement under section 1271C(d),’’; and

(B) by adding at the end the following:

‘‘(2) P

ROJECT DEVELOPMENT AND OUTREACH

.—Under a

partnership agreement that is not funded through an alter-

native funding arrangement or grant agreement under section

1271C(d), the Secretary may advance reasonable amounts of

funding for not longer than 90 days for technical assistance to

eligible partners to conduct project development and outreach

activities in a project area, including—

‘‘(A) providing outreach and education to producers for

potential participation in the project;

‘‘(B) establishing baseline metrics to support the devel-

opment of the assessment required under section

1271B(c)(1)(E); or

‘‘(C) providing technical assistance to producers.’’; and

(6) by adding at the end the following:

‘‘(e) T

ECHNICAL

SSISTANCE

.—

‘‘(1) I

N GENERAL

.—At the time of project selection, the Sec-

retary shall identify and make publicly available the amount

that the Secretary shall use to provide technical assistance

under the terms of the partnership agreement.

‘‘(2) L

IMITATION

.—The Secretary shall limit costs of the Sec-

retary for technical assistance to costs specific and necessary to

carry out the objectives of the program.

‘‘(3) T

HIRD

PARTY PROVIDERS

.—The Secretary shall develop

and implement strategies to encourage third-party technical

service providers to provide technical assistance to eligible part-

ners pursuant to a partnership agreement.’’.

SEC. 2706. ADMINISTRATION.

Section 1271E of the Food Security Act of 1985 (16 U.S.C.

3871e) is amended—

(1) in subsection (a), by striking ‘‘1271B(d)’’ each place it

appears and inserting ‘‘1271B(e)’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2019’’;

(B) by redesignating paragraphs (1) through (4) as

paragraphs (2) through (5), respectively;

nated) the following:

‘‘(1) a summary of—

‘‘(A) the progress made towards achieving the conserva-

tion benefits defined for the projects; and

‘‘(B) any other related outcomes of the projects;’’;

(D) in paragraph (4) (as so redesignated), by striking

‘‘and’’ at the end;

(E) in paragraph (5) (as so redesignated)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘1271C(b)(2)’’ and inserting ‘‘1271C(d)’’; and

(ii) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

(F) by adding at the end the following:

114

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(6) in the case of a project within a critical conservation

area under section 1271F, the status of each priority resource

concern for each designated critical conservation area, includ-

ing—

‘‘(A) the priority resource concerns for which each crit-

ical conservation area is designated;

‘‘(B) conservation goals and outcomes sufficient to dem-

onstrate that progress is being made to address the priority

resource concerns;

‘‘(C) the partnership agreements selected to address

each conservation goal and outcome; and

‘‘(D) the extent to which each conservation goal and

outcome is being addressed by the partnership agree-

ments.’’; and

(3) by adding at the end the following:

‘‘(c) C

OMPLIANCE

ITH

ERTAIN

EQUIREMENTS

.—The Sec-

retary may not provide assistance under the program to a producer

unless the producer agrees, during the program year for which the

assistance is provided—

‘‘(1) to comply with applicable conservation requirements

under subtitle B; and

‘‘(2) to comply with applicable wetland protection require-

ments under subtitle C.

‘‘(d) H

ISTORICALLY

NDERSERVED

RODUCERS

.—To the max-

imum extent practicable, in carrying out the program, the Secretary

and eligible partners shall conduct outreach to beginning farmers

and ranchers, veteran farmers and ranchers, socially disadvantaged

farmers and ranchers, and limited resource farmers and ranchers

to encourage participation by those producers in a project subject to

a partnership agreement or funding agreement under 1271C(d).

‘‘(e) R

EGULATIONS

.—The Secretary shall issue regulations to

carry out the program.’’.

SEC. 2707. CRITICAL CONSERVATION AREAS.

Section 1271F of the Food Security Act of 1985 (16 U.S.C.

3871f) is amended—

(1) by redesignating subsections (a), (b), and (c) as sub-

sections (b), (c), and (e), respectively;

(2) by inserting before subsection (b) (as so redesignated)

the following:

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) C

RITICAL CONSERVATION AREA

.—The term ‘critical con-

servation area’ means a geographical area that contains a crit-

ical conservation condition that can be addressed through the

program.

‘‘(2) P

RIORITY RESOURCE CONCERN

.—The term ‘priority re-

source concern’ means a natural resource concern located in a

critical conservation area that can be addressed through—

‘‘(A) water quality improvement, including through re-

ducing erosion, promoting sediment control, and address-

ing nutrient management activities affecting large bodies of

water of regional, national, or international significance;

‘‘(B) water quantity improvement, including improve-

ment relating to—

‘‘(i) drought;

115

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

‘‘(ii) groundwater, surface water, aquifer, or other

water sources; or

‘‘(iii) water retention and flood prevention;

‘‘(C) wildlife habitat restoration to address species of

concern at a Federal, State, or local level; and

‘‘(D) other natural resource improvements, as deter-

mined by the Secretary, within the critical conservation

area.’’;

(3) in subsection (b) (as so redesignated)—

(A) by striking ‘‘(b) I

ENERAL

.—’’ and inserting the

following:

‘‘(b) A

PPLICATIONS

.—’’;

(B) by striking ‘‘1271D(d)(3)’’ and inserting

‘‘1271D(d)(2)’’;

and

(D) by inserting ‘‘that address 1 or more priority re-

source concerns for which the critical conservation area is

designated’’ before the period at the end;

(4) in subsection (c) (as so redesignated)—

(A) by redesignating paragraphs (1) through (3) as

paragraphs (2) through (4), respectively;

(B) by inserting before paragraph (2) (as so redesig-

nated) the following:

‘‘(1) I

N GENERAL

.—The Secretary shall identify 1 or more

priority resource concerns that apply to each critical conserva-

tion area designated under this section after the date of enact-

ment of the Agricultural Act of 2014 (Public Law 113–79; 128

Stat. 649), including the conservation goals and outcomes suffi-

cient to demonstrate that progress is being made to address the

priority resource concern.’’;

(i) by striking subparagraphs (C) and (D) and in-

serting the following:

‘‘(C) contains 1 or more priority resource concerns; or’’;

and

(ii) by redesignating subparagraph (E) as subpara-

graph (D); and

(D) by striking paragraph (3) (as so redesignated) and

inserting the following:

‘‘(3) R

EVIEW AND WITHDRAWAL

.—The Secretary may—

‘‘(A) review designations of critical conservation areas

under this section not more frequently than once every 5

years; and

‘‘(B) withdraw designation of a critical conservation

area only if the Secretary determines that the area is no

longer a critical conservation area.’’;

(5) by inserting after subsection (c) (as so redesignated) the

following:

‘‘(d) O

UTREACH TO

LIGIBLE

ARTNERS AND

RODUCERS

.—The

Secretary shall provide outreach and education to eligible partners

and producers in critical conservation areas designated under this

section to encourage the development of projects to address each pri-

ority resource concern identified by the Secretary for that critical

conservation area.’’; and

116

O:\RYA\RYA18A19.xml [file 3 of 13] S.L.C.

(6) in subsection (e) (as so redesignated)—

(A) in paragraph (1), by striking ‘‘producer’’ and insert-

ing ‘‘program’’; and

(B) by striking paragraph (3).

Subtitle H—Repeals and Technical

Amendments

PART I—REPEALS

SEC. 2811. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION

PROGRAM.

(a) I

ENERAL

.—Subtitle G of title II of the Farm Security and

Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law

107–171) is repealed.

(b) C

ONFORMING

MENDMENT

.—Section 5059 of the Water Re-

sources Development Act of 2007 (16 U.S.C. 3801 note; Public Law

110–114) is repealed.

SEC. 2812. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM.

Section 10608 of the Farm Security and Rural Investment Act

of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.

SEC. 2813. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.

Subtitle F of title III of the Federal Agriculture Improvement

and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.

SEC. 2814. REPEAL OF FLOOD RISK REDUCTION.

Section 385 of the Federal Agriculture Improvement and Re-

form Act of 1996 (7 U.S.C. 7334) is repealed.

SEC. 2815. REPEAL OF STUDY OF LAND USE FOR EXPIRING CON-

TRACTS AND EXTENSION OF AUTHORITY.

Section 1437 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624) is repealed.

SEC. 2816. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM

OPTION.

Section 1451 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5822) is repealed.

SEC. 2817. REPEAL OF CLARIFICATION OF DEFINITION OF AGRICUL-

TURAL LANDS.

Section 325 of the Federal Agriculture Improvement and Re-

form Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed.

PART II—TECHNICAL AMENDMENTS

SEC. 2821. TECHNICAL AMENDMENTS.

(a) W

ATERSHED

ROTECTION AND

LOOD

REVENTION

.—

Section 5(4) of the Watershed Protection and Flood Prevention Act

(16 U.S.C. 1005(4)) is amended—

(1) by striking ‘‘goodwater’’ and inserting ‘‘floodwater’’; and

(2) by striking ‘‘Secretary of Health, Education, and Wel-

fare’’ each place it appears and inserting ‘‘Secretary of Health

and Human Services’’.

(b) D

ELINEATION OF

ETLANDS

; E

XEMPTIONS

.—Section 1222(j)

of the Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended by

117

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

striking ‘‘National Resources Conservation Service’’ and inserting

‘‘Natural Resources Conservation Service’’.

ARMABLE

ETLAND

ROGRAM

.—Section 1231B(b)(2)(A)(i) of

the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i)) is

amended by adding a semicolon at the end.

(d) T

ERMINAL

AKES

SSISTANCE

.—Section 2507 of the Farm

Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6) is

amended—

(1) in subsection (e)—

(A) by striking paragraph (1);

(B) by redesignating paragraph (2) as paragraph (1);

and

‘‘(2) N

O ADDITIONAL FUNDS

.—

‘‘(A) I

N GENERAL

.—Nothing in this section authorizes

any additional funds to carry out this section.

‘‘(B) A

VAILABILITY OF FUNDS

.—Any funds made avail-

able to carry out this section before the date of enactment

of the Agriculture Improvement Act of 2018 may remain

available until expended.’’; and

(2) by adding at the end the following:

‘‘(f) T

ERMINATION OF

UTHORITY

.—The authority provided by

this section shall terminate on October 1, 2023.’’.

(e) D

ELIVERY OF

ECHNICAL

SSISTANCE

.—Section 1242 of the

Food Security Act of 1985 (16 U.S.C. 3842) is amended by striking

‘‘third party’’ each place it appears and inserting ‘‘third-party’’.

(f) A

DMINISTRATIVE

EQUIREMENTS FOR

ONSERVATION

GRAMS

.—Section 1244(b)(4)(B) of the Food Security Act of 1985 (16

U.S.C. 3844(b)(4)(B)) is amended by striking ‘‘General Accounting

Office’’ and inserting ‘‘Government Accountability Office’’.

SEC. 2822. STATE TECHNICAL COMMITTEES.

(a) S

TANDARDS

.—Section 1261(b)(2) of the Food Security Act of

1985 (16 U.S.C. 3861(b)(2)) is amended by striking ‘‘under section

1262(b)’’.

(b) C

OMPOSITION

.—Section 1261(c) of the Food Security Act of

1985 (16 U.S.C. 3861(c)) is amended by adding at the end the fol-

lowing:

‘‘(14) The State Cooperative Extension Service and land

grant university in the State.’’.

TITLE III—TRADE

Subtitle A—Food for Peace Act

SEC. 3101. LABELING REQUIREMENTS.

Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g)) is

amended to read as follows:

‘‘(g) L

ABELING OF

SSISTANCE

.—Agricultural commodities and

other assistance provided under this title shall, to the extent prac-

ticable, be clearly identified with appropriate markings on the pack-

age or container of such agricultural commodities or food procured

outside of the United States, or on printed material that accom-

panies other assistance, in the language of the locality in which

118

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

such commodities and other assistance are distributed, as being fur-

nished by the people of the United States of America.’’.

SEC. 3102. FOOD AID QUALITY ASSURANCE.

Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3))

is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES.

Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amend-

ed—

(1) in subsection (a), by inserting ‘‘to generate proceeds to

be used as provided in this section’’ before the period at the end;

(2) by striking subsection (b); and

(3) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

SEC. 3104. MINIMUM LEVELS OF ASSISTANCE.

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is

amended in paragraphs (1) and (2) by striking ‘‘2018’’ both places

it appears and inserting ‘‘2023’’.

SEC. 3105. FOOD AID CONSULTATIVE GROUP.

Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amend-

ed—

(1) in subsection (d)(1), in the first sentence, by striking

‘‘45’’ and inserting ‘‘30’’; and

(2) in subsection (f), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 3106. ISSUANCE OF REGULATIONS.

Section 207(c)(1) of the Food for Peace Act (7 U.S.C.

1726a(c)(1)) is amended by striking ‘‘the Agricultural Act of

2014’’and inserting ‘‘the Agriculture Improvement Act of 2018’’.

SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION.

Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4))

is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘$17,000,000’’ and inserting ‘‘1.5 per-

cent, but not less than $17,000,000,’’; and

(B) by striking ‘‘2018’’ each place it appears and insert-

ing ‘‘2023’’; and

(2) in subparagraph (B)—

(A) in clause (i), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(B) in clause (ii), by striking ‘‘chapter 1 of part I of’’.

SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPOR-

TATION, DELIVERY, AND DISTRIBUTION OF SHELF-STABLE

PREPACKAGED FOODS.

Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is

amended—

(1) by amending the section heading to read as follows:

‘‘

INTERNATIONAL FOOD RELIEF PARTNERSHIP

.’’; and

(2) in subsection (f), by striking ‘‘2018’’ and inserting

‘‘2023’’.

119

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF AGRICUL-

TURAL COMMODITIES AND OTHER ASSISTANCE ON LOCAL

FARMERS AND ECONOMY.

(a) I

NCLUSION OF

ODALITIES

.—Section 403(a) of the Food

for Peace Act (7 U.S.C. 1733(a)) is amended—

(1) in the matter preceding paragraph (1), by inserting ‘‘,

food procured outside of the United States, food voucher, or

cash transfer for food’’ after ‘‘agricultural commodity’’;

(2) in paragraph (1), by inserting ‘‘in the case of the provi-

sion of an agricultural commodity,’’ before ‘‘adequate’’; and

(3) in paragraph (2), by striking ‘‘commodity’’ and inserting

‘‘agricultural commodity or use of the food procured outside of

the United States, food voucher, or cash transfer for food’’.

(b) A

VOIDANCE OF

ISRUPTIVE

MPACT

.—Section 403(b) of the

Food for Peace Act (7 U.S.C. 1733(b)) is amended—

(1) in the first sentence, by inserting ‘‘, the use of food pro-

cured outside of the United States, food vouchers, and cash

transfers for food,’’ after ‘‘agricultural commodities’’; and

(2) in the second sentence, by striking ‘‘of sales of agricul-

tural commodities’’.

SEC. 3110. ALLOWANCE FOR DISTRIBUTION COSTS.

Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6))

is amended by striking ‘‘and distribution costs’’ and inserting ‘‘, dis-

tribution, and program implementation costs to use the commod-

ities’’.

SEC. 3111. PREPOSITIONING OF AGRICULTURAL COMMODITIES.

Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.

1736a(c)(4)(A)) is amended by striking ‘‘2018’’ each place it appears

and inserting ‘‘2023’’.

SEC. 3112. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND

ACTIVITIES.

(a) I

ENERAL

.—Section 407(f) of the Food for Peace Act (7

U.S.C. 1736a(f)) is amended to read as follows:

‘‘(f) A

NNUAL

EPORT

EGARDING

OOD

ROGRAMS AND

TIVITIES

.—

‘‘(1) A

NNUAL REPORT

.—Not later than April 1 of each fiscal

year, the Administrator and the Secretary shall jointly, or each

separately, prepare and submit to the appropriate committees of

Congress a report regarding each program and activity carried

out under this Act by the Administrator, the Secretary, or both,

as applicable, during the prior fiscal year.

‘‘(2) C

ONTENTS

.—An annual report described in paragraph

(1) shall include, with respect to the prior fiscal year, the fol-

lowing:

‘‘(A) A list that contains a description of each country

and organization that receives food and other assistance

under this Act (including the quantity of food and assist-

ance provided to each country and organization).

‘‘(B) A general description of each project and activity

implemented under this Act (including each activity funded

through the use of local currencies) and the total number

of beneficiaries of the project.

‘‘(C) A statement describing the quantity of agricultural

commodities made available to, and the total number of

beneficiaries in, each country pursuant to—

120

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(i) this Act;

‘‘(ii) section 416(b) of the Agricultural Act of 1949

(7 U.S.C. 1431(b));

‘‘(iii) the Food for Progress Act of 1985 (7 U.S.C.

1736o); and

‘‘(iv) the McGovern-Dole International Food for

Education and Child Nutrition Program established by

section 3107 of the Farm Security and Rural Invest-

ment Act of 2002 (7 U.S.C. 1736o–1).

‘‘(D) An assessment of the progress made through pro-

grams under this Act towards reducing food insecurity in

the populations receiving food assistance from the United

States.

‘‘(E) A description of efforts undertaken by the Food

Aid Consultative Group under section 205 to achieve an in-

tegrated and effective food assistance program.

‘‘(F) An assessment of—

‘‘(i) each program oversight, monitoring, and eval-

uation system implemented under section 207(f); and

‘‘(ii) the impact of each program oversight, moni-

toring, and evaluation system on the effectiveness and

efficiency of assistance provided under this title.

‘‘(G) An assessment of the progress made by the Admin-

istrator in addressing issues relating to quality with respect

to the provision of food assistance.

‘‘(H) A statement of the amount of funds (including

funds for administrative costs, indirect cost recovery, inter-

nal transportation, storage and handling, and associated

distribution costs) provided to each eligible organization

that received assistance under this Act, that further de-

scribes the following:

‘‘(i) How such funds were used by the eligible orga-

nization.

‘‘(ii) The actual rate of return for each commodity

made available under this Act, including factors that

influenced the rate of return, and, for the commodity,

the costs of bagging or further processing, ocean trans-

portation, inland transportation in the recipient coun-

try, storage costs, and any other information that the

Administrator and the Secretary determine to be nec-

essary.

‘‘(iii) For each instance in which a commodity was

made available under this Act at a rate of return less

than 70 percent, the reasons for the rate of return real-

ized.

‘‘(I) For funds expended for purposes of section 202(e),

406(b)(6), and 407(c)(1)(B), a detailed accounting of the ex-

penditures and purposes of such expenditures with respect

to each such section.

‘‘(3) R

ATE OF RETURN DESCRIBED

.—For purposes of apply-

ing subparagraph (H) of paragraph (2), the rate of return for

a commodity shall be equal to the proportion that—

‘‘(A) the proceeds the implementing partners generate

through monetization; bears to

121

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(B) the cost to the Federal Government to procure and

ship the commodity to a recipient country for monetiza-

tion.’’.

(b) C

ONFORMING

EPEAL

.—Subsection (m) of section 403 of the

Food for Peace Act (7 U.S.C. 1733) is repealed.

SEC. 3113. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO

PROVIDE OTHER ASSISTANCE.

Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 3114. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.

Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is

amended to read as follows:

‘‘(e) M

INIMUM

EVEL OF

ONEMERGENCY

OOD

SSISTANCE

.—

‘‘(1) I

N GENERAL

.—For each of fiscal years 2019 through

2023, not less than $365,000,000 of the amounts made avail-

able to carry out emergency and nonemergency food assistance

programs under title II, nor more than 30 percent of such

amounts, shall be expended for nonemergency food assistance

programs under such title.

‘‘(2) C

OMMUNITY DEVELOPMENT FUNDS

.—Funds appro-

priated each year to carry out part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151 et seq.) that are made available

through grants or cooperative agreements to strengthen food se-

curity in developing countries and that are consistent with sec-

tion 202(e)(1)(C) may be considered amounts expended for non-

emergency food assistance programs for purposes of paragraph

(1).

‘‘(3) F

ARMER

FARMER PROGRAM

.—In determining the

amount expended for a fiscal year for nonemergency food assist-

ance programs under paragraph (1), amounts expended for that

year to carry out programs under section 501 may be considered

amounts expended for nonemergency food assistance pro-

grams.’’.

SEC. 3115. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION

PROGRAMS.

Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c))

is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 3116. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-

FARMER PROGRAM.

Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amend-

ed—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by inserting

‘‘section 1342 of title 31, United States Code, or’’ after ‘‘Not-

withstanding’’;

(B) in paragraph (1) by inserting ‘‘technical’’ before ‘‘as-

sistance’’; and

(i) in the matter preceding subparagraph (A), by

inserting ‘‘employees or staff of a State cooperative in-

stitution (as such term is defined in paragraph 18 of

section 1404 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C.

3103), except that subparagraphs (E), (F), and (G) of

122

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

such paragraph shall not apply),’’ after ‘‘private cor-

porations,’’; and

(ii) in subparagraph (A)—

(I) by striking ‘‘; and’’ at the end of clause

(viii); and

(II) by striking clause (ix) and inserting the

following:

‘‘(ix) agricultural education and extension;

‘‘(x) selection of seed varieties and plant stocks;

‘‘(xi) knowledge of insecticide and sanitation proce-

dures to prevent crop destruction;

‘‘(xii) use and maintenance of agricultural equip-

ment and irrigation systems; and

‘‘(xiii) selection of fertilizers and methods of soils

treatment; and’’;

(2) in subsection (d), in the matter preceding paragraph (1),

by striking ‘‘2018’’ and inserting ‘‘2023’’;

(3) in subsection (e)(1), in the matter preceding subpara-

graph (A), by striking ‘‘2018’’ and inserting ‘‘2023’’; and

(4) by adding at the end the following:

‘‘(f) G

RANT

ROGRAM TO

REATE

ARTNERS AND

NNOVA

TION

.—

‘‘(1) I

N GENERAL

.—The Administrator of the Agency for

International Development shall develop a grant program to be

carried out in fiscal years 2019 through 2023 to facilitate new

and innovative partnerships and activities under this title.

‘‘(2) U

SE OF FUNDS

.—A grant recipient under this sub-

section shall use funds received under this subsection to—

‘‘(A) prioritize new implementing partners;

‘‘(B) develop innovative volunteer models;

‘‘(C) develop, improve, or maintain strategic partner-

ships with other United States development programs; and

‘‘(D) expand the footprint and impact of the programs

and activities under this title, and diversity among pro-

gram participants, including land-grant colleges and uni-

versities and cooperative extension services (as such terms

are defined in section 1404 of the National Agricultural Re-

search, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3103)).’’.

Subtitle B—Agricultural Trade Act of 1978

SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION.

(a) I

ENERAL

.—Section 203 of the Agricultural Trade Act of

1978 (7 U.S.C. 5623) is amended to read as follows:

‘‘SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.

‘‘(a) E

STABLISHMENT

.—The Secretary shall carry out activities

under this section—

‘‘(1) to access, develop, maintain, and expand markets for

United States agricultural commodities; and

‘‘(2) to promote cooperation and the exchange of informa-

tion.

‘‘(b) M

ARKET

CCESS

ROGRAM

.—

123

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(1) D

EFINITION OF ELIGIBLE TRADE ORGANIZATION

.—In this

subsection, the term ‘eligible trade organization’ means—

‘‘(A) a United States agricultural trade organization or

regional State-related organization that promotes the export

and sale of United States agricultural commodities and

that does not stand to profit directly from specific sales of

United States agricultural commodities;

‘‘(B) a cooperative organization or State agency that

promotes the sale of United States agricultural commod-

ities; or

‘‘(C) a private organization that promotes the export

and sale of United States agricultural commodities if the

Secretary determines that such organization would signifi-

cantly contribute to United States export market develop-

ment.

‘‘(2) I

N GENERAL

.—The Commodity Credit Corporation

shall establish and carry out a program, to be known as the

‘Market Access Program’, to encourage the development, mainte-

nance, and expansion of commercial export markets for United

States agricultural commodities (including commodities that

are organically produced (as defined in section 2103 of the Or-

ganic Foods Production Act of 1990 (7 U.S.C. 6502))) through

cost-share assistance to eligible trade organizations that imple-

ment a foreign market development program.

‘‘(3) P

ARTICIPATION REQUIREMENTS

.—

‘‘(A) M

ARKETING 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 other-

wise established by the Secretary;

‘‘(ii) meet any other requirements established by

the Secretary; and

‘‘(iii) enter into an agreement with the Secretary.

‘‘(B) P

URPOSE OF MARKETING PLAN

.—A marketing plan

submitted under this paragraph shall describe the adver-

tising or other market oriented export promotion activities

to be carried out by the eligible trade organization with re-

spect to which assistance under this subsection is being re-

quested.

‘‘(C) S

PECIFIC ELEMENTS

.—To be approved by the Sec-

retary, a marketing plan submitted under this paragraph

shall—

‘‘(i) specifically describe the manner in which as-

sistance received by the eligible trade organization, in

conjunction with funds and services provided by the el-

igible trade organization, will be expended in imple-

menting 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) B

RANDED PROMOTION

.—A marketing plan ap-

proved by the Secretary may provide for the use of branded

124

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

advertising to promote the sale of United States agricul-

tural commodities in a foreign country under such terms

and conditions as may be established by the Secretary.

‘‘(E) A

MENDMENTS

.—An approved marketing plan may

be amended by the eligible trade organization at any time,

subject to the approval of the amendment by the Secretary.

‘‘(4) L

EVEL OF ASSISTANCE AND COST

SHARE REQUIRE

MENTS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall justify in writ-

ing 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) L

IMITATION 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) O

THER TERMS AND CONDITIONS

.—

‘‘(A) M

ULTIYEAR BASIS

.—The Secretary may provide as-

sistance under this subsection on a multiyear basis, subject

to annual review by the Secretary for compliance with the

approved marketing plan.

‘‘(B) T

ERMINATION 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 imple-

menting the approved marketing plan or is not ade-

quately meeting the established goals of the plan;

‘‘(iii) the eligible trade organization is not ade-

quately contributing its own resources to the implemen-

tation of the plan; or

‘‘(iv) the Secretary determines that termination of

assistance in a particular instance is in the best inter-

ests of the Market Access Program.

‘‘(C) E

VALUATIONS

.—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 organi-

zation of such assistance, including the following:

‘‘(i) An evaluation of the effectiveness of the mar-

keting plan of the eligible trade organization in devel-

oping or maintaining markets for United States agri-

cultural commodities.

‘‘(ii) An evaluation of whether assistance provided

under this subsection is necessary to maintain such

markets.

125

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(iii) A thorough accounting of the expenditure by

the eligible trade organization of the assistance pro-

vided under this subsection.

‘‘(6) R

ESTRICTIONS ON USE OF FUNDS

.—Assistance provided

under this subsection to an eligible trade organization may not

be used—

‘‘(A) to provide direct assistance to any foreign for-prof-

it corporation for the corporation’s use in promoting for-

eign-produced products; or

‘‘(B) to provide direct assistance to any for-profit cor-

poration that is not recognized as a small business concern

(as described in section 3(a) of the Small Business Act (15

U.S.C. 632(a))), excluding—

‘‘(i) a cooperative;

‘‘(ii) an association described in the first section of

the Act entitled ‘An Act To authorize association of pro-

ducers of agricultural products’, approved February 18,

1922 (7 U.S.C. 291); or

‘‘(iii) a nonprofit trade association.

‘‘(7) P

ERMISSIVE USE OF FUNDS

.—Assistance provided

under this subsection to a United States agricultural trade as-

sociation, cooperative, or small business may be used for indi-

vidual branded promotional activity related to a United States

branded product, if the beneficiaries of the activity have pro-

vided funds for the activity in an amount that is at least equiv-

alent to the amount of such assistance.

‘‘(8) P

RIORITY

.—In providing assistance for branded pro-

motion, the Secretary should give priority to small-sized enti-

ties.

‘‘(9) C

ONTRIBUTION LEVEL

.—

‘‘(A) I

N GENERAL

.—The Secretary should require a min-

imum contribution level of 10 percent from an eligible trade

organization that receives assistance for nonbranded pro-

motion.

‘‘(B) I

NCREASES IN CONTRIBUTION LEVEL

.—The Sec-

retary may increase the contribution level in any subse-

quent year that an eligible trade organization receives as-

sistance for nonbranded promotion.

‘‘(10) A

DDITIONALITY

.—The Secretary should require each

participant in the Market Access Program to certify that any

Federal funds received supplement, but do not supplant, private

or third party participant funds or other contributions to Pro-

gram activities.

‘‘(11) I

NDEPENDENT AUDITS

.—If as a result of an evaluation

or audit of activities of a participant under the Market Access

Program, the Secretary determines that a further review is jus-

tified 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, in-

cluding activities of any subcontractor.

‘‘(12) T

OBACCO

.—No funds made available under the Mar-

ket Access Program may be used for activities to develop, main-

tain, or expand foreign markets for tobacco.

‘‘(c) F

OREIGN

ARKET

EVELOPMENT

OOPERATOR

ROGRAM

.—

126

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(1) D

EFINITION OF ELIGIBLE TRADE ORGANIZATION

.—In this

subsection, the term ‘eligible trade organization’ means a

United States trade organization that—

‘‘(A) promotes the export of 1 or more United States ag-

ricultural commodities; and

‘‘(B) does not have a business interest in or receive re-

muneration from specific sales of agricultural commodities.

‘‘(2) E

STABLISHMENT

.—The Secretary shall establish and,

in cooperation with eligible trade organizations, carry out a

program to be known as the ‘Foreign Market Development Co-

operator Program’ to maintain and develop foreign markets for

United States agricultural commodities.

‘‘(3) U

SE OF FUNDS

.—Funds made available to carry out

this subsection shall be used only to provide—

‘‘(A) cost-share assistance to an eligible trade organiza-

tion under a contract or agreement with the eligible trade

organization; and

‘‘(B) assistance for other costs that are appropriate to

carry out the Foreign Market Development Cooperator Pro-

gram, including contingent liabilities that are not otherwise

funded.

‘‘(d) E (K

IKA

) D

ARZA

MERGING

ARKETS

ROGRAM

.—

‘‘(1) D

EFINITION OF EMERGING MARKET

.—In this subsection,

the term ‘emerging market’ means any country, foreign territory,

customs union, or other economic market that the Secretary de-

termines—

‘‘(A) is taking steps toward a market-oriented economy

through the food, agriculture, or rural business sectors of

its economy; and

‘‘(B) has the potential to provide a viable and signifi-

cant market for United States agricultural commodities.

‘‘(2) E

STABLISHMENT

.—The Secretary shall establish and

carry out a program, to be known as the ‘E (Kika) de la Garza

Emerging Markets Program’—

‘‘(A) to develop agricultural markets in emerging mar-

kets; and

‘‘(B) to promote cooperation and exchange of informa-

tion between agricultural institutions and agribusinesses in

the United States and emerging markets.

‘‘(3) D

EVELOPMENT OF AGRICULTURAL SYSTEMS

.—

‘‘(A) I

N GENERAL

.—

‘‘(i) I

MPLEMENTATION

.—To develop, maintain, or

expand markets for exports of United States agricul-

tural commodities, the Secretary shall make available

to emerging markets the expertise of the United

States—

‘‘(I) to make assessments of food and rural

business systems needs;

‘‘(II) to make recommendations on measures

necessary to enhance the effectiveness of the food

and rural business systems described in subclause

(I), including potential reductions in trade bar-

riers; and

‘‘(III) to identify and carry out specific oppor-

tunities and projects to enhance the effectiveness of

127

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

the food and rural business systems described in

subclause (I).

‘‘(ii) E

XTENT OF PROGRAM

.—The Secretary shall

implement this subparagraph with respect to at least 3

emerging markets in each fiscal year.

‘‘(B) E

XPERTS FROM THE UNITED STATES

.—The Sec-

retary may implement subparagraph (A) by providing—

‘‘(i) assistance to teams (consisting primarily of ag-

ricultural consultants, agricultural producers, other

persons from the private sector, and government offi-

cials expert in assessing the food and rural business

systems of other countries) to enable those teams to con-

duct the assessments, make the recommendations, and

identify the opportunities and projects described in

subparagraph (A)(i) in emerging markets;

‘‘(ii) for necessary subsistence and transportation

expenses of—

‘‘(I) United States food and rural business sys-

tem 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 transfer-

ring knowledge and expertise to entities from

emerging markets; and

‘‘(II) individuals designated by emerging mar-

kets to enable such designated individuals to con-

sult 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.

‘‘(C) C

OST

SHARING

.—The Secretary shall encourage the

nongovernmental experts described in subparagraph (B) to

share the costs of, and otherwise assist in, the participation

of those experts in the E (Kika) de la Garza Emerging Mar-

kets Program.

‘‘(D) T

ECHNICAL ASSISTANCE

.—The Secretary is author-

ized to provide, or pay the necessary costs for, technical as-

sistance (including the establishment of extension services)

to enable individuals or other entities to carry out rec-

ommendations, projects, and opportunities in emerging

markets, including recommendations, projects, and oppor-

tunities described in subclauses (II) and (III) of subpara-

graph (A)(i).

‘‘(E) R

EPORTS TO SECRETARY

.—A team that receives as-

sistance under subparagraph (B)(i) shall prepare and sub-

mit to the Secretary such reports as the Secretary may re-

quire.

‘‘(F) A

DVISORY COMMITTEE

.—To provide the Secretary

with information that may be useful to the Secretary in car-

rying out this subsection, the Secretary may establish an

advisory committee composed of representatives of the var-

ious sectors of the food and rural business systems of the

United States.

128

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(G) E

FFECT

.—The authority provided under this sub-

section shall be in addition to and not in place of any other

authority of the Secretary or the Commodity Credit Cor-

poration.

‘‘(e) T

ECHNICAL

SSISTANCE FOR

PECIALTY

ROPS

.—

‘‘(1) E

STABLISHMENT

.—The Secretary of Agriculture shall

establish an export assistance program, in this subsection re-

ferred to as the ‘program’, to address existing or potential

unique barriers that prohibit or threaten the export of United

States specialty crops.

‘‘(2) P

URPOSE

.—The program shall provide direct assistance

through public and private sector projects and technical assist-

ance, including through the program under section 2(e) of the

Competitive, Special, and Facilities Research Grant Act (7

U.S.C. 3157(e)), to remove, resolve, or mitigate existing or poten-

tial sanitary, phytosanitary, and technical barriers to trade.

‘‘(3) P

RIORITY

.—The program 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) M

ULTIYEAR PROJECTS

.—The Secretary may provide as-

sistance under the program to a project for longer than a 5-year

period if the Secretary determines that further assistance would

effectively support the purpose described in paragraph (2).

‘‘(5) O

UTREACH AND TECHNICAL ASSISTANCE

.—The Sec-

retary shall—

‘‘(A) conduct outreach to inform eligible organizations

of the requirements of the program and the process by

which such organizations may submit proposals for fund-

ing;

‘‘(B) provide technical assistance to eligible organiza-

tions to assist in developing proposals and complying with

the requirements of the program; and

‘‘(C) solicit input from eligible organizations on im-

provements to streamline and facilitate the provision of as-

sistance under this subsection.

‘‘(6) R

EGULATIONS AND PROCEDURES

.—

‘‘(A) I

N GENERAL

.—Not later than 1 year after the date

of enactment of the Agriculture Improvement Act of 2018,

the Secretary shall review program regulations, procedures,

and guidelines for assistance under this subsection and

make revisions to streamline, improve, and clarify the ap-

plication, approval and compliance processes for such as-

sistance, including revisions to implement the requirements

of paragraph (5).

‘‘(B) C

ONSIDERATIONS

.—In reviewing and making revi-

sions under subparagraph (A), the Secretary shall con-

sider—

‘‘(i) establishing accountability standards that are

appropriate for the size and scope of a project; and

‘‘(ii) establishing streamlined application and ap-

proval processes, including for smaller-scale projects or

projects to address time-sensitive trade barriers.

129

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(7) A

NNUAL REPORT

.—Each year, the Secretary shall sub-

mit to the appropriate committees of Congress a report that con-

tains, for the period covered by the report, a description of—

‘‘(A) each factor that affects the export of specialty

crops, including each factor relating to any—

‘‘(i) significant sanitary or phytosanitary issue;

‘‘(ii) trade barrier; or

‘‘(iii) emerging sanitary or phytosanitary issue or

trade barrier; and

‘‘(B)(i) any funds provided under subsection (f)(3)(A)(iv)

that were not obligated in a fiscal year; and

‘‘(ii) the reason such funds were not obligated.

‘‘(f) F

UNDING AND

DMINISTRATION

.—

‘‘(1) C

OMMODITY CREDIT CORPORATION

.—The Secretary

shall use the funds, facilities, and authorities of the Commodity

Credit Corporation to carry out this section.

‘‘(2) F

UNDING AMOUNT

.—For each of fiscal years 2019

through 2023, of the funds of, or an equal value of commodities

owned by, the Commodity Credit Corporation, the Secretary

shall use to carry out this section $255,000,000, to remain

available until expended.

‘‘(3) A

LLOCATION

.—

‘‘(A) I

N GENERAL

.—For each of fiscal years 2019

through 2023, the Secretary shall allocate funds to carry

out this section in accordance with the following:

‘‘(i) M

ARKET ACCESS PROGRAM

.—For market access

activities authorized under subsection (b), of the funds

of, or an equal value of commodities owned by, the

Commodity Credit Corporation, not less than

$200,000,000 for each fiscal year.

‘‘(ii) F

OREIGN MARKET DEVELOPMENT COOPERATOR

PROGRAM

.—To carry out subsection (c), of the funds of,

or an equal value of commodities owned by, the Com-

modity Credit Corporation, not less than $34,500,000

for each fiscal year.

‘‘(iii) E

(KIKA) DE LA GARZA EMERGING MARKETS

PROGRAM

.—To provide assistance under subsection (d),

of the funds of, or an equal value of commodities

owned by, the Commodity Credit Corporation, not more

than $8,000,000 for each fiscal year.

‘‘(iv) T

ECHNICAL ASSISTANCE FOR SPECIALTY

CROPS

.—To carry out subsection (e), of the funds of, or

an equal value of the commodities owned by, the Com-

modity Credit Corporation, $9,000,000 for each fiscal

year.

‘‘(v) P

RIORITY TRADE FUND

.—

‘‘(I) I

N GENERAL

.—In addition to the amounts

allocated under clauses (i) through (iv), and not-

withstanding any limitations in those clauses, as

determined by the Secretary, for 1 or more pro-

grams under this section for authorized activities

to access, develop, maintain, and expand markets

for United States agricultural commodities,

$3,500,000 for each fiscal year.

130

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(II) C

ONSIDERATIONS

.—In allocating funds

made available under subclause (I), the Secretary

may consider providing a greater allocation to 1 or

more programs under this section for which the

amounts requested under applications exceed

available funding for the 1 or more programs.

‘‘(B) R

EALLOCATION

.—Any funds allocated under

clauses (i) through (iv) of subparagraph (A) that remain

unobligated one year after the end of the fiscal year in

which they are first made available shall be reallocated to

the priority trade fund under subparagraph (A)(v). To the

maximum extent practicable, the Secretary shall allocate

such reallocated funds to support exports of those types of

United States agricultural commodities eligible for assist-

ance under the program for which the funds were origi-

nally allocated under subparagraph (A).

‘‘(4) C

UBA

.—Notwithstanding section 908 of the Trade

Sanctions Reform and Export Enhancement Act of 2000 (22

U.S.C. 7207) or any other provision of law, funds made avail-

able under this section may be used to carry out the programs

authorized under subsections (b) and (c) in Cuba. Funds may

not be used as described in the previous sentence in contraven-

tion with directives set forth under the National Security Presi-

dential Memorandum entitled ‘Strengthening the Policy of the

United States Toward Cuba’ issued by the President on June

16, 2017, during the period in which that memorandum is in

effect.

‘‘(5) A

UTHORIZATION OF APPROPRIATIONS

.—In addition to

any other amounts provided under this subsection, there are au-

thorized to be appropriated such sums as are necessary to carry

out the programs and authorities under paragraph (3)(A)(v)

and subsections (b) through (e).’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) M

ARKET ACCESS PROGRAM

.—

(A) Section 211 of the Agricultural Trade Act of 1978

(7 U.S.C. 5641) is amended by striking subsection (c).

(B) Section 402(a)(1) of the Agricultural Trade Act of

1978 (7 U.S.C. 5662(a)(1)) is amended by striking ‘‘203’’

and inserting ‘‘203(b)’’.

Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by strik-

ing ‘‘section 203 of the Agricultural Trade Act of 1978 (7

U.S.C. 5623)’’ and inserting ‘‘section 203(b) of the Agricul-

tural Trade Act of 1978 (7 U.S.C. 5623(b))’’.

(D) Section 718 of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Ap-

propriations Act, 1999 (7 U.S.C. 5623 note; Public Law

105–277) is amended by striking ‘‘section 203 of the Agri-

cultural Trade Act of 1978 (7 U.S.C. 5623)’’ and inserting

‘‘section 203(b) of the Agricultural Trade Act of 1978 (7

U.S.C. 5623(b)’’.

(E) Section 1302 of the Omnibus Budget Reconciliation

Act of 1993 is repealed.

131

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

(2) F

OREIGN MARKET DEVELOPMENT COOPERATOR PRO

GRAM

.—Title VII of the Agricultural Trade Act of 1978 (7

U.S.C. 5721 et seq.) is repealed.

(3) E

(KIKA) DE LA GARZA EMERGING MARKETS PROGRAM

.—

(A) Section 1542 of the Food, Agriculture, Conserva-

tion, and Trade Act of 1990 (7 U.S.C 5622 note; Public

Law 101–624) is amended—

(i) by striking subsection (d);

(ii) by redesignating subsections (e) and (f) as sub-

sections (d) and (e), respectively; and

(iii) in subsection (e) (as so redesignated)—

(I) in the matter preceding paragraph (1), by

striking ‘‘country’’ and inserting ‘‘country, foreign

territory, customs union, or other economic mar-

ket’’; and

(II) in paragraph (1), by striking ‘‘the economy

of the country’’ and inserting ‘‘its economy’’.

(B) Section 1543(b)(5) of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is

amended by striking ‘‘section 1542(f)’’ and inserting ‘‘section

1542(e)’’.

servation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is

amended by inserting ‘‘and section 203(d) of the Agricul-

tural Trade Act of 1978’’ after ‘‘section 1542’’.

(4) T

ECHNICAL ASSISTANCE FOR SPECIALTY CROPS

.—Section

3205 of the Farm Security and Rural Investment Act of 2002

(7 U.S.C. 5680) is repealed.

Subtitle C—Other Agricultural Trade Laws

SEC. 3301. GROWING AMERICAN FOOD EXPORTS.

Section 1543A of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5679) is amended—

(1) in subsection (b)(1)(A), by inserting ‘‘or new agricultural

production technologies’’ after ‘‘biotechnology’’; and

(2) in subsection (d), by striking ‘‘$6,000,000’’ and all that

follows through the period at the end and inserting ‘‘$2,000,000

for each of fiscal years 2019 through 2023.’’.

SEC. 3302. FOOD FOR PROGRESS ACT OF 1985.

Section 1110 of the Food Security Act of 1985 (also known as

the Food for Progress Act of 1985 (7 U.S.C. 1736o)) is amended—

(1) by striking ‘‘President’’ each place it appears and insert-

ing ‘‘Secretary’’;

(2) in subsection (b)—

(A) in paragraph (5)—

(i) by striking ‘‘and’’ at the end of subparagraph

(E);

(ii) by redesignating subparagraph (F) as subpara-

graph (G); and

(iii) by inserting after subparagraph (E) the fol-

lowing new subparagraph:

132

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(F) a college or university (as such terms are defined

in section 1404(4) of the Food and Agriculture Act of 1977

(7 U.S.C. 3103(4)); and’’; and

(B) by adding at the end the following new para-

graphs:

‘‘(10) R

ATE OF RETURN

.—For purposes of applying sub-

section (j)(3), the rate of return for an eligible commodity shall

be equal to the proportion that—

‘‘(A) the proceeds eligible entities generate through

monetization of such commodity, bears to

‘‘(B) the cost to the Federal Government to procure and

ship the commodity to the country where it is monetized.

‘‘(11) S

ECRETARY

.—The term ‘Secretary’ means the Sec-

retary of Agriculture.’’;

(3) in subsection (f)(3), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(4) in subsection (g), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(5) in subsection (j)(3)—

(A) by striking ‘‘December 1’’ and inserting ‘‘April 1’’;

(B) by striking ‘‘of the Senate a list of programs’’ and

inserting ‘‘of the Senate—

‘‘(A) a list of programs’’;

and inserting ‘‘approved during the prior fiscal year’’;

(D) by striking the period at the end and inserting a

semicolon; and

(E) by adding at the end the following new subpara-

graphs:

‘‘(B) a description of the actual rate of return for each

commodity made available under this section for the pre-

vious fiscal year including—

‘‘(i) factors that influenced the rate of return; and

‘‘(ii) with respect to the commodity, the costs of

bagging or further processing, ocean transportation, in-

land transportation, storage costs, and any other infor-

mation that the Secretary determines to be necessary;

and

‘‘(C) for each instance in which a commodity was made

available under this section at a rate of return less than 70

percent, an explanation for the rate of return realized.’’.

(6) in subsection (k), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(7) in subsection (l)(1), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(8) in the heading of subsection (m), by striking ‘‘P

RESI

DENTIAL

’’ and inserting ‘‘S

ECRETARIAL

’’;

(9) in subsection (o), by striking ‘‘(acting through the Sec-

retary)’’;

(10) in subsection (o)(1), by striking ‘‘subparagraphs (C)

and (F)’’ and inserting ‘‘subparagraphs (C) and (G)’’; and

(11) by adding at the end the following new subsection:.

‘‘(p) P

ILOT

GREEMENTS

.—

‘‘(1) I

N GENERAL

.—For each of fiscal years 2019 through

2023, subject to the availability of appropriations pursuant to

133

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

the authorization in paragraph (3), the Secretary shall enter

into 1 or more pilot agreements with 1 or more eligible entities

through which the Secretary shall provide financial assistance

to the eligible entities to carry out activities consistent with sub-

section (l)(4)(A).

‘‘(2) R

EPORT REQUIRED

.—In each of fiscal years 2020

through 2024, the Secretary shall submit to the Committee on

Agriculture of the House of Representatives and Committee on

Agriculture, Nutrition, and Forestry of the Senate a report de-

scribing, with respect to the previous fiscal year—

‘‘(A) the amount provided to eligible entities under each

pilot agreement pursuant to paragraph (1) and how the

funds were used;

‘‘(B) the activities carried out under each pilot agree-

ment;

‘‘(C) the number of direct and indirect beneficiaries of

those activities; and

‘‘(D) the effectiveness of the pilot agreements, including

as applicable the impact on food security and agricultural

productivity.

‘‘(3) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out pilot agreements pursuant

to this subsection $10,000,000 for each of fiscal years 2019

through 2023.’’.

SEC. 3303. BILL EMERSON HUMANITARIAN TRUST ACT.

Section 302 of the Bill Emerson Humanitarian Trust Act (7

U.S.C. 1736f–1) is amended—

(1) in subsection (b)(2)(B)(i), by striking ‘‘2018’’ each place

it appears and inserting ‘‘2023’’; and

(2) in subsection (h), by striking ‘‘2018’’ each place it ap-

pears and inserting ‘‘2023’’.

SEC. 3304. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING

MARKETS.

Section 1542(a) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 3305. COCHRAN FELLOWSHIP PROGRAM.

Section 1543 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 3293) is amended—

(1) in subsection (a), by striking ‘‘for study in the United

States.’’ and inserting the following: ‘‘for study—

‘‘(1) in the United States; or

‘‘(2) at a college or university located in an eligible country

that the Secretary determines—

‘‘(A) has sufficient scientific and technical facilities;

‘‘(B) has established a partnership with at least one

college or university in the United States; and

‘‘(C) has substantial participation by faculty members

of the United States college or university in the design of

the fellowship curriculum and classroom instruction under

the fellowship.’’;

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘(which may include

agricultural extension services)’’ after ‘‘systems’’; and

134

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

(B) in paragraph (2)—

(i) by striking ‘‘enhance trade’’ and inserting the

following: ‘‘enhance—

‘‘(A) trade’’;

(ii) in subparagraph (A) (as so designated) by

striking the period at the end and inserting ‘‘; or’’; and

(iii) by adding at the end the following:

‘‘(B) linkages between agricultural interests in the

United States and regulatory systems governing sanitary

and phytosanitary standards for agricultural products

that—

‘‘(i) may enter the United States; and

‘‘(ii) may pose risks to human, animal, or plant life

or health.’’; and

(3) in subsection (f)—

(A) in paragraph (1), by striking ‘‘$3,000,000’’ and in-

serting ‘‘$4,000,000’’;

(B) in paragraph (2), by striking ‘‘$2,000,000’’ and in-

serting ‘‘$3,000,000’’; and

serting ‘‘$6,000,000’’.

SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND

TECHNOLOGY FELLOWSHIP PROGRAM.

Section 1473G of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amend-

ed—

(1) in subsection (c)(2)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘shall support’’ and inserting ‘‘support’’;

(B) in subparagraph (C), by striking ‘‘and’’ at the end;

end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(E) the development of agricultural extension services

in eligible countries.’’; and

(2) in subsection (f)—

(A) by striking ‘‘The Secretary’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—The Secretary’’; and

(B) by adding at the end the following:

‘‘(2) L

EVERAGING ALUMNI ENGAGEMENT

.—In carrying out

the purposes and programs under this section, the Secretary

shall encourage ongoing engagement with fellowship recipients

who have completed training under the program to provide ad-

vice regarding, and participate in, new or ongoing agricultural

development projects, with a priority for capacity-building

projects.’’.

SEC. 3307. INTERNATIONAL AGRICULTURAL EDUCATION FELLOWSHIP

PROGRAM.

(a) F

ELLOWSHIP

ROGRAM

STABLISHMENT

.—The Secretary

shall establish a fellowship program to be known as the Inter-

national Agricultural Education Fellowship Program to provide fel-

lowships to citizens of the United States to assist eligible countries

in developing school-based agricultural education and youth exten-

sion programs.

135

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

(b) E

LIGIBLE

OUNTRY

ESCRIBED

.—For purposes of this sec-

tion, an eligible country is a developing country, as determined by

the Secretary using a gross national income per capita test selected

by the Secretary.

URPOSE OF

ELLOWSHIPS

.—The goals of providing a fellow-

ship under this section are to—

(1) develop globally minded United States agriculturists

with experience living abroad;

(2) focus on meeting the food and fiber needs of the domes-

tic population of eligible countries; and

(3) strengthen and enhance trade linkages between eligible

countries and the United States agricultural industry.

(d) E

LIGIBLE

ANDIDATES

.—The Secretary may provide fellow-

ships to citizens of the United States who—

(1) hold at least a bachelors degree in an agricultural re-

lated field of study; and

(2) have an understanding of United States school-based

agricultural education and youth extension programs, as deter-

mined by the Secretary.

(e) C

ANDIDATE

DENTIFICATION

.—The Secretary shall consult

with the National FFA Organization, the National 4–H Council,

and other entities as the Secretary determines are appropriate to

identify candidates for fellowships.

(f) P

ROGRAM

MPLEMENTATION

.—The Secretary shall provide for

the management, coordination, evaluation, and monitoring of the

Fellowship Program, except that the Secretary may contract out the

management of the fellowship program to an outside organization

with experience in implementing fellowship programs focused on

building capacity for school-based agricultural education and youth

extension programs in developing countries.

(g) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There are authorized to be appropriated

$5,000,000 to carry out this section for each of fiscal years 2019

through 2023.

(2) D

URATION

.—Any funds made available under this sub-

section shall remain available until expended.

SEC. 3308. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.

The Food, Agriculture, Conservation, and Trade Act of 1990 is

amended by inserting after section 1543A (7 U.S.C. 5679) the fol-

lowing:

‘‘SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSIST-

ANCE.

‘‘(a) D

EFINITION OF

NTERNATIONAL

OOD

ECURITY

.—In this

section, the term ‘international food security’ means access by any

person at any time to food and nutrition that is sufficient for a

healthy and productive life.

‘‘(b) C

OLLECTION OF

NFORMATION

.—The Secretary of Agri-

culture (referred to in this section as the ‘Secretary’) shall compile

information from appropriate mission areas of the Department of

Agriculture (including the Food, Nutrition, and Consumer Services

mission area) relating to the improvement of international food se-

curity.

‘‘(c) P

UBLIC

VAILABILITY

.—To benefit programs for the im-

provement of international food security, the Secretary shall orga-

136

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

nize the information described in subsection (b) and make the infor-

mation available in a format suitable for—

‘‘(1) public education; and

‘‘(2) use by—

‘‘(A) a Federal, State, or local agency;

‘‘(B) an agency or instrumentality of the government of

a foreign country;

‘‘(C) a domestic or international organization, includ-

ing a domestic or international nongovernmental organiza-

tion; and

‘‘(D) an intergovernmental organization.

‘‘(d) T

ECHNICAL

SSISTANCE

.—On request by an entity de-

scribed in subsection (c)(2), the Secretary may provide technical as-

sistance to the entity to implement a program for the improvement

of international food security.

‘‘(e) P

ROGRAM

RIORITY

.—In carrying out this section, the Sec-

retary shall give priority to programs relating to the development of

food and nutrition safety net systems with a focus on food insecure

countries.

‘‘(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $1,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 3309. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

AND CHILD NUTRITION PROGRAM.

Section 3107 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 1736o–1) is amended—

(1) in subsection (a)—

(A) by striking ‘‘that is’’ and inserting the following:

‘‘that—

‘‘(1) is’’;

(B) in paragraph (1) (as so designated), by striking the

period at the end and inserting ‘‘; or’’; and

‘‘(2)(A) is produced in and procured from—

‘‘(i) a developing country that is a recipient country; or

‘‘(ii) a developing country in the same region as a re-

cipient country; and

‘‘(B) at a minimum, meets each nutritional, quality, and la-

beling standard of the recipient country, as determined by the

Secretary.’’;

(2) in subsection (c)(2)(A)—

(A) in clause (v)(IV), by striking ‘‘and’’ at the end;

(B) by redesignating clause (vi) as clause (vii); and

‘‘(vi) the costs associated with transporting the

commodities described in subsection (a)(2) from a de-

veloping country described in subparagraph (A)(ii) of

that subsection to any designated point of entry within

the recipient country; and’’;

(3) in subsection (f)(1)—

(A) by redesignating subparagraphs (E) and (F) as sub-

paragraphs (F) and (G), respectively; and

(B) by inserting after subparagraph (D) the following:

‘‘(E) ensure to the maximum extent practicable that as-

sistance—

137

O:\ELT\ELT18A62.xml [file 4 of 13] S.L.C.

‘‘(i) is provided under this section in a timely man-

ner; and

‘‘(ii) is available when needed throughout the ap-

plicable school year;’’; and

(4) in subsection (l)—

(A) in paragraph (2), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(B) by adding at the end the following:

‘‘(4) P

URCHASE OF COMMODITIES

.—Of the funds made avail-

able to carry out this section, not more than 10 percent shall

be used to purchase agricultural commodities described in sub-

section (a)(2).’’.

SEC. 3310. GLOBAL CROP DIVERSITY TRUST.

Section 3202 of the Food, Conservation, and Energy Act of 2008

(22 U.S.C. 2220a note; Public Law 110–246) is amended—

(1) by amending subsection (b) to read as follows:

‘‘(b) U

NITED

TATES

ONTRIBUTION

IMIT

.—

‘‘(1) I

N GENERAL

.—The aggregate contributions of funds of

the Federal Government provided to the Trust shall not ex-

ceed—

‘‘(A) for the period of fiscal years 2014 through 2018,

25 percent of the total amount of funds contributed to the

Trust from all sources; and

‘‘(B) subject to paragraph (2), effective beginning with

fiscal year 2019, 33 percent of the total amount of funds

contributed to the Trust from all sources.

‘‘(2) A

NNUAL LIMITATION

.—The contributions of funds of the

Federal Government provided to the Trust shall not exceed

$5,500,000 for each of fiscal years 2019 through 2023.’’; and

(2) in subsection (c), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 3311. LOCAL AND REGIONAL FOOD AID PROCUREMENT

PROJECTS.

Section 3206(e)(1) of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 1726c(e)(1)) is amended—

(1) by inserting ‘‘to the Secretary’’ after ‘‘appropriated’’; and

(2) by striking ‘‘2014 through 2018’’ and inserting ‘‘2019

through 2023’’.

SEC. 3312. FOREIGN TRADE MISSIONS.

(a) T

RIBAL

EPRESENTATION ON

RADE

ISSIONS

.—

(1) I

N GENERAL

.—The Secretary, in consultation with the

Tribal Advisory Committee established under subsection (b)(2)

of section 309 of the Federal Crop Insurance Reform and De-

partment of Agriculture Reorganization Act of 1994 (7 U.S.C.

6921(b)(2)) (as added by section 12303(2)) (referred to in this

section as the ‘‘Advisory Committee’’), shall seek—

(A) to support the greater inclusion of Tribal agricul-

tural and food products in Federal trade-related activities;

and

(B) to increase the collaboration between Federal trade

promotion efforts and other Federal trade-related activities

in support of the greater inclusion sought under subpara-

graph (A).

138

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(2) I

NTERDEPARTMENTAL COORDINATION

.—In carrying out

activities to increase the collaboration described in paragraph

(1)(B), the Secretary shall coordinate with—

(A) the Secretary of Commerce;

(B) the Secretary of State;

(D) the heads of any other relevant Federal agencies.

(b) R

EPORT

; G

OALS

.—

(1) R

EPORT

.—Not later than 2 years after the date of enact-

ment of this Act, the Secretary shall submit a report describing

the efforts of the Department of Agriculture and other Federal

agencies under this section to—

(A) the Advisory Committee;

(B) the Committee on Agriculture of the House of Rep-

resentatives;

House of Representatives;

(D) the Committee on Agriculture, Nutrition, and For-

estry of the Senate;

(E) the Committee on Commerce, Science, and Trans-

portation of the Senate; and

(F) the Committee on Indian Affairs of the Senate.

(2) G

OALS

.—Not later than 90 days after the date of enact-

ment of this Act, the Secretary shall establish goals for meas-

uring, in an objective and quantifiable format, the extent to

which Indian Tribes and Tribal agricultural and food products

are included in the trade-related activities of the Department of

Agriculture.

TITLE IV—NUTRITION

Subtitle A—Supplemental Nutrition

Assistance Program

SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.

(a) D

EFINITION

.—Section 3(o)(1) of the Food and Nutrition Act

of 2008 (7 U.S.C. 2012(o)(1)) is amended by striking ‘‘or house-to-

house trade route’’ and inserting ‘‘, house-to-house trade route, or

online entity’’.

(b) A

CCEPTANCE OF

ENEFITS

.—Section 7(k) of the Food and

Nutrition Act of 2008 (7 U.S.C. 2016(k)) is amended—

(1) by striking the heading and inserting ‘‘A

CCEPTANCE OF

ROGRAM

ENEFITS

HROUGH

NLINE

RANSACTIONS

’’,

(2) in paragraph (4) by striking subparagraph (C), and

(3) by striking paragraph (5).

SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN.

Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C.

2012(u)) is amended by inserting after the 1st sentence the fol-

lowing:

‘‘By 2022 and at 5-year intervals thereafter, the Secretary shall re-

evaluate and publish the market baskets of the thrifty food plan

based on current food prices, food composition data, consumption

patterns, and dietary guidance.’’.

139

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.

(a) I

ENERAL

.—Section 4(b) of the Food and Nutrition Act of

2008 (7 U.S.C. 2013(b)) is amended—

(1) by striking paragraph (4) and inserting the following:

‘‘(4) A

DMINISTRATIVE COSTS

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), the

Secretary shall pay not less than 80 percent of administra-

tive costs and distribution costs on Indian reservations as

the Secretary determines necessary for effective administra-

tion of such distribution by a State agency or tribal organi-

zation.

‘‘(B) W

AIVER

.—The Secretary shall waive up to 100 per-

cent of the non-Federal share of the costs described in sub-

paragraph (A) if the Secretary determines that—

‘‘(i) the tribal organization is financially unable to

provide a greater non-Federal share of the costs; or

‘‘(ii) providing a greater non-Federal share of the

costs would be a substantial burden for the tribal orga-

nization.

‘‘(C) L

IMITATION

.—The Secretary may not reduce any

benefits or services under the food distribution program on

Indian reservations under this subsection to any tribal or-

ganization that is granted a waiver under subparagraph

(B).

‘‘(D) T

RIBAL CONTRIBUTION

.—The Secretary may allow

a tribal organization to use funds provided to the tribal or-

ganization through a Federal agency or other Federal ben-

efit to satisfy all or part of the non-Federal share of the

costs described in subparagraph (A) if that use is otherwise

consistent with the purpose of the funds.’’,

(2) in paragraph (6)—

(A) in the heading by striking ‘‘

LOCALLY

GROWN

’’ and

inserting ‘‘

LOCALLY

AND REGIONALLY

GROWN

’’,

(B) in subparagraph (A) by striking ‘‘locally-grown’’

and inserting ‘‘locally- and regionally-grown’’,

(i) in the heading by striking ‘‘

LOCALLY GROWN

’’

and inserting ‘‘

LOCALLY

AND REGIONALLY

GROWN

’’, and

(ii) by striking ‘‘locally-grown’’ and inserting

‘‘locally- and regionally-grown’’,

(D) by amending subparagraph (D) to read as follows:

‘‘(D) P

URCHASE OF FOODS

.—In carrying out this para-

graph, the Secretary shall purchase or offer to purchase

those traditional foods that may be procured cost-effec-

tively.’’,

(E) by striking subparagraph (E), and

(F) in subparagraph (F)—

(i) by striking ‘‘(F)’’ and inserting ‘‘(E)’’, and

(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’, and

(3) by adding at the end the following:

‘‘(7) A

VAILABILITY OF FUNDS

.—

‘‘(A) I

N GENERAL

.—Funds made available for a fiscal

year to carry out this subsection shall remain available for

obligation for a period of 2 fiscal years.

140

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(B) A

DMINISTRATIVE COSTS

.—Funds made available

for a fiscal year to carry out paragraph (4) shall remain

available for obligation by the State agency or tribal orga-

nization for a period of 2 fiscal years.’’.

(b) D

EMONSTRATION

ROJECT FOR

RIBAL

RGANIZATIONS

.—

(1) D

EFINITIONS

.—In this subsection:

(A) D

EMONSTRATION PROJECT

.—The term ‘‘demonstra-

tion project’’ means the demonstration project established

under paragraph (2).

(B) F

OOD DISTRIBUTION PROGRAM

.—The term ‘‘food dis-

tribution program’’ means the food distribution program on

Indian reservations carried out under section 4(b) of the

Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).

NDIAN RESERVATION

.—The term ‘‘Indian reserva-

tion’’ has the meaning given the term ‘‘reservation’’ in sec-

tion 3 of the Food and Nutrition Act of 2008 (7 U.S.C.

2012).

(D) I

NDIAN TRIBE

.—The term ‘‘Indian tribe’’ has the

meaning given the term in section 4 of the Indian Self-De-

termination and Education Assistance Act (25 U.S.C.

5304).

(E) S

ELF

DETERMINATION CONTRACT

.—The term ‘‘self-

determination contract’’ has the meaning given the term in

section 4 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 5304).

(F) T

RIBAL ORGANIZATION

.—The term ‘‘tribal organiza-

tion’’ has the meaning given the term in section 3 of the

Food and Nutrition Act of 2008 (7 U.S.C. 2012).

(2) E

STABLISHMENT

.—Subject to the availability of appro-

priations, the Secretary shall establish a demonstration project

under which 1 or more tribal organizations may enter into self-

determination contracts to purchase agricultural commodities

under the food distribution program for the Indian reservation

of that tribal organization.

(3) E

LIGIBILITY

.—

(A) C

ONSULTATION

.—The Secretary shall consult with

the Secretary of the Interior and Indian tribes to determine

the process and criteria under which a tribal organization

may participate in the demonstration project.

(B) C

RITERIA

.—The Secretary shall select for participa-

tion in the demonstration project tribal organizations

that—

(i) are successfully administering the food distribu-

tion program of the tribal organization under section

4(b)(2)(B) of the Food and Nutrition Act of 2008 (7

U.S.C. 2013(b)(2)(B)),

(ii) have the capacity to purchase agricultural com-

modities in accordance with paragraph (4) for the food

distribution program of the tribal organization, and

(iii) meet any other criteria determined by the Sec-

retary, in consultation with the Secretary of the Inte-

rior and Indian tribes.

(4) P

ROCUREMENT OF AGRICULTURAL COMMODITIES

.—Any

agricultural commodities purchased by a tribal organization

under the demonstration project shall—

141

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(A) be domestically produced,

(B) supplant, not supplement, the type of agricultural

commodities in existing food packages for that tribal orga-

nization,

of agricultural commodities that would be supplanted in

the existing food package for that tribal organization, and

(D) meet any other criteria determined by the Sec-

retary.

(5) R

EPORT

.—Not later than 1 year after the date on which

funds are appropriated under paragraph (6) and annually

thereafter, the Secretary shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report de-

scribing the activities carried out under the demonstration

project during the preceding year.

(6) F

UNDING

.—

(A) A

UTHORIZATION OF APPROPRIATIONS

.—There is au-

thorized to be appropriated to the Secretary to carry out

this subsection $5,000,000, to remain available until ex-

pended.

(B) A

PPROPRIATIONS IN ADVANCE

.—Only funds appro-

priated under subparagraph (A) in advance specifically to

carry out this subsection shall be available to carry out this

subsection.

ONFORMING

MENDMENT

.—Section 3(v) of the Food and

Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking ‘‘the

Indian Self-Determination Act (25 U.S.C. 450b(b))’’ and inserting

‘‘section 4 of the Indian Self-Determination and Education Assist-

ance Act (25 U.S.C. 5304)’’.

SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS.

Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7

U.S.C. 2014(e)(6)(D)) is amended—

(1) by redesignating clause (ii) as clause (iii), and

(2) by striking clause (i) and inserting the following:

‘‘(i) A

LTERNATIVE DEDUCTION

.—The State agency

shall allow a deduction of $143 a month for house-

holds—

‘‘(I) in which all members are homeless indi-

viduals;

‘‘(II) that are not receiving free shelter

throughout the month; and

‘‘(III) that do not opt to claim an excess shelter

expense deduction under subparagraph (A).

‘‘(ii) A

DJUSTMENT

.—For fiscal year 2019 and each

subsequent fiscal year the amount of the homeless shel-

ter deduction specified in clause (i) shall be adjusted to

reflect changes for the 12-month period ending the pre-

ceding November 30 in the Consumer Price Index for

All Urban Consumers published by the Bureau of

Labor Statistics of the Department of Labor.’’.

142

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRI-

TION ASSISTANCE PROGRAM.

(a) E

MPLOYMENT AND

RAINING

ROGRAMS

HAT

EET

TATE

AND

OCAL

ORKFORCE

EEDS

.—Section 6(d)(4) of the Food and

Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—

(1) in subparagraph (A)—

(A) in clause (i)—

(i) by inserting ‘‘, in consultation with the State

workforce development board, or, if the State dem-

onstrates that consultation with private employers or

employer organizations would be more effective or effi-

cient, in consultation with private employers or em-

ployer organizations,’’ after ‘‘designed by the State

agency’’, and

(ii) by striking ‘‘that will increase their ability to

obtain regular employment.’’ and inserting the fol-

lowing: ‘‘that will—

‘‘(I) increase the ability of the household mem-

bers to obtain regular employment; and

‘‘(II) meet State or local workforce needs.’’, and

(B) in clause (ii) by inserting ‘‘and implemented to meet

the purposes of clause (i)’’ after ‘‘under this paragraph’’,

(2) in subparagraph (B)—

(A) in the matter preceding clause (i), by inserting ‘‘case

management services such as comprehensive intake assess-

ments, individualized service plans, progress monitoring, or

coordination with service providers and’’ after ‘‘contains’’,

(B) in clause (iv) by redesignating subclauses (I) and

(II) as items (aa) and (bb), respectively, and indenting ap-

propriately,

clause (viii) as subclauses (I) through (VII) and subclause

(IX), respectively, and indenting appropriately,

(D) by striking subclause (I), as so redesignated, and

inserting the following:

‘‘(I) Supervised job search programs that occur

at State-approved locations at which the activities

of participants shall be directly supervised and the

timing and activities of participants tracked in ac-

cordance with guidelines issued by the State.’’,

(E) in subclause (II), as so redesignated, by striking

‘‘jobs skills assessments, job finding clubs, training in tech-

niques for’’ and inserting ‘‘employability assessments, train-

ing in techniques to increase’’,

(F) in subclause (IV), as so redesignated, in the first

sentence, by inserting ‘‘, including subsidized employment

and apprenticeships’’ before the period at the end,

(G) in subclause (VII), as so redesignated, by inserting

‘‘not less than 30 days but’’ after ‘‘period of’’,

(H) by inserting after subclause (VII), as so redesig-

nated, the following:

‘‘(VIII) Programs and activities under clause

(iv) of section 16(h)(1)(F) that the Secretary deter-

mines, based on results from the independent eval-

uations conducted under clause (vii)(I) of such sec-

143

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

tion, have the most demonstrable impact on the

ability of participants to find and retain employ-

ment that leads to increased household income and

reduced reliance on public assistance.’’,

(I) in the matter preceding subclause (I), as so redesig-

nated—

(i) by striking ‘‘this subparagraph’’ and inserting

‘‘this clause’’, and

(ii) by striking ‘‘(B) For purposes of this Act, an’’

and inserting the following:

‘‘(B) D

EFINITIONS

.—In this Act:

‘‘(i) E

MPLOYMENT AND TRAINING PROGRAM

.—The

term’’, and

(J) by adding at the end the following:

‘‘(ii) W

ORKFORCE PARTNERSHIP

.—

‘‘(I) I

N GENERAL

.—The term ‘workforce part-

nership’ means a program that—

‘‘(aa) is operated by—

‘‘(AA) a private employer, an organi-

zation representing private employers, or a

nonprofit organization providing services

relating to workforce development; or

‘‘(BB) an entity identified as an eligi-

ble provider of training services under sec-

tion 122(d) of the Workforce Innovation

and Opportunity Act (29 U.S.C. 3152(d));

‘‘(bb) the Secretary certifies, or the State

agency certifies to the Secretary—

‘‘(AA) subject to subparagraph (N)(ii),

would assist participants who are mem-

bers of households participating in the

supplemental nutrition assistance pro-

gram in gaining high-quality, work-rel-

evant skills, training, work, or experience

that will increase the ability of the partici-

pants to obtain regular employment;

‘‘(BB) subject to subparagraph (N)(ii),

would provide participants with not less

than 20 hours per week of training, work,

or experience under subitem (AA);

‘‘(CC) would not use any funds au-

thorized to be appropriated by this Act;

‘‘(DD) would provide sufficient infor-

mation, on request by the State agency, for

the State agency to determine that partici-

pants who are members of households

participating in the supplemental nutri-

tion assistance program are fulfilling any

applicable work requirement under this

subsection or subsection (o);

‘‘(EE) would be willing to serve as a

reference for participants who are mem-

bers of households participating in the

supplemental nutrition assistance pro-

144

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

gram for future employment or work-re-

lated programs; and

‘‘(FF) meets any other criteria estab-

lished by the Secretary, on the condition

that the Secretary shall not establish any

additional criteria that would impose sig-

nificant paperwork burdens on the work-

force partnership; and

‘‘(cc) is in compliance with the Fair Labor

Standards Act of 1938 (29 U.S.C. 201 et seq.),

if applicable.

‘‘(II) I

NCLUSION

.—The term ‘workforce partner-

ship’ includes a multistate program.’’,

(3) in subparagraph (E)—

(A) in the second sentence, by striking ‘‘Such require-

ments’’ and inserting the following:

‘‘(ii) V

ARIATION

.—The requirements under clause

(i)’’,

(B) by striking ‘‘(E) Each State’’ and inserting the fol-

lowing:

‘‘(E) R

EQUIREMENTS FOR PARTICIPATION FOR CERTAIN

INDIVIDUALS

.—

‘‘(i) I

N GENERAL

.—Each State’’, and

‘‘(iii) A

PPLICATION TO WORKFORCE PARTNER

SHIPS

.—To the extent that a State agency requires an

individual to participate in an employment and train-

ing program, the State agency shall consider an indi-

vidual participating in a workforce partnership to be

in compliance with the employment and training re-

quirements.’’,

(4) in subparagraph (H), by striking ‘‘(B)(v)’’ and inserting

‘‘(B)(i)(V)’’, and

(5) by adding at the end the following:

‘‘(N) W

ORKFORCE PARTNERSHIPS

.—

‘‘(i) C

ERTIFICATION

.—In certifying that a program

meets the requirements of subitems (AA) and (BB) of

subparagraph (B)(ii)(I)(bb) to be certified as a work-

force partnership, the Secretary or the State agency

shall require that the program submit to the Secretary

or State agency sufficient information that describes—

‘‘(I) the services and activities of the program

that would provide participants with not less than

20 hours per week of training, work, or experience

under those subitems; and

‘‘(II) how the program would provide services

and activities described in subclause (I) that would

directly enhance the employability or job readiness

of the participant.

‘‘(ii) S

UPPLEMENT

NOT SUPPLANT

.—A State agency

may use a workforce partnership to supplement, not to

supplant, the employment and training program of the

State agency.

‘‘(iii) P

ARTICIPATION

.—A State agency—

‘‘(I) shall—

145

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(aa) maintain a list of workforce partner-

ships certified under subparagraph

(B)(ii)(I)(bb); and

‘‘(bb) not less frequently than at certifi-

cation and recertification, provide to a house-

hold member subject to work requirements

under subsection (d)(1) or subsection (o), elec-

tronically or by other means, the list described

in item (aa); but

‘‘(II) may not require any member of a house-

hold participating in the supplemental nutrition

assistance program to participate in a workforce

partnership.

‘‘(iv) E

FFECT

.—

‘‘(I) I

N GENERAL

.—A workforce partnership

shall not replace the employment or training of an

individual not participating in the workforce part-

nership.

‘‘(II) S

ELECTION

.—Nothing in this subsection

or subsection (o) affects the criteria or screening

process for selecting participants by a workforce

partnership.

‘‘(v) L

IMITATION ON REPORTING REQUIREMENTS

.—

In carrying out this subparagraph, the Secretary and

each applicable State agency shall limit the reporting

requirements of a workforce partnership to—

‘‘(I) on notification that an individual is re-

ceiving supplemental nutrition assistance program

benefits, notifying the applicable State agency that

the individual is participating in the workforce

partnership;

‘‘(II) identifying participants who have com-

pleted or are no longer participating in the work-

force partnership;

‘‘(III) identifying changes to the workforce

partnership that result in the workforce partner-

ship no longer meeting the certification require-

ments of the Secretary or the State agency under

subparagraph (B)(ii)(I)(bb); and

‘‘(IV) providing sufficient information, on re-

quest by the State agency, for the State agency to

verify that a participant is fulfilling any applicable

work requirements under this subsection or sub-

section (o).

‘‘(O) R

EFERRAL OF CERTAIN INDIVIDUALS

.—

‘‘(i) I

N GENERAL

.—In accordance with such regula-

tions as may be issued by the Secretary, with respect

to any individual who is not eligible for an exemption

under paragraph (2) and who is determined by the op-

erator of an employment and training program compo-

nent to be ill-suited to participate in that employment

and training program component, the State agency

shall—

‘‘(I) refer the individual to an appropriate em-

ployment and training program component;

146

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(II) refer the individual to an appropriate

workforce partnership, if available;

‘‘(III) reassess the physical and mental fitness

of the individual under paragraph (1)(A); or

‘‘(IV) to the maximum extent practicable, co-

ordinate with other Federal, State, or local work-

force or assistance programs to identify work op-

portunities or assistance for the individual.

‘‘(ii) P

ROCESS

.—In carrying out clause (i), the State

agency shall ensure that an individual undergoing and

complying with the process established under that

clause shall not be found to have refused without good

cause to participate in an employment and training

program.’’.

(b) W

ORK

EQUIREMENTS

.—Section 6(o) of the Food and Nutri-

tion Act of 2008 (7 U.S.C. 2015(o)) is amended—

(1) in paragraph (1)—

(A) in subparagraph (B) by striking ‘‘and’’ at the end,

(B) in subparagraph (C) by striking ‘‘job search pro-

gram or a job search training program.’’ and inserting ‘‘su-

pervised job search program or job search training pro-

gram;’’, and

‘‘(D) a program of employment and training for vet-

erans operated by the Department of Labor or the Depart-

ment of Veterans Affairs, and approved by the Secretary;

and

‘‘(E) a workforce partnership under subsection

(d)(4)(N).’’,

(2) in paragraph (4)(A) by inserting ‘‘and with the support

of the chief executive officer of the State’’ after ‘‘agency’’, and

(3) in paragraph (6)—

(A) in the heading by striking ‘‘

PERCENT EXEMPTION

’’

and inserting ‘‘E

XEMPTIONS

’’,

(B) in subparagraph (B) by striking ‘‘(G)’’ and inserting

‘‘(H)’’,

inserting ‘‘(F) and (H)’’ ,

(D) in subparagraph (D)—

(i) in the heading by striking ‘‘S

UBSEQUENT FISCAL

YEARS

’’ and inserting ‘‘F

ISCAL YEARS 1999 THROUGH

2019

’’,

(ii) by striking ‘‘(E) through (G)’’ and inserting ‘‘(F)

through (H)’’, and

(iii) by striking ‘‘year,’’ and inserting ‘‘year through

fiscal year 2019,’’,

(E) in subparagraph (E) by striking ‘‘or (D)’’ and in-

serting ‘‘, (D), or (E)’’,

(F) by redesignating subparagraphs (E), (F), and (G) as

subparagraphs (F), (G), and (H), respectively, and

(G) by inserting after subparagraph (D) the following:

‘‘(E) S

UBSEQUENT FISCAL YEARS

.—Subject to subpara-

graphs (F) through (H), for fiscal year 2020 and each sub-

sequent fiscal year, a State agency may provide a number

of exemptions such that the average monthly number of ex-

147

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

emptions in effect during the fiscal year does not exceed 12

percent of the number of covered individuals in the State,

as estimated by the Secretary under subparagraph (C), ad-

justed by the Secretary to reflect changes in the State’s case-

load and the Secretary’s estimate of changes in the propor-

tion of members of households that receive supplemental

nutrition assistance program benefits covered by waivers

granted under paragraph (4).’’.

TATE

LANS

.—Section 11 of the Food and Nutrition Act of

2008 (7 U.S.C. 2020) is amended—

(1) in subsection (e)(19) by inserting ‘‘the extent to which

such programs will be carried out in coordination with the ac-

tivities carried out under title I of the Workforce Innovation and

Opportunity Act (29 U.S.C. 3111 et seq.),’’ before ‘‘and the

basis,’’, and

(2) by adding at the end the following:

‘‘(w) For households containing at least one adult, with no el-

derly or disabled members and with no earned income at their last

certification or required report, a State agency shall, at the time of

recertification, be required to advise members of the household not

exempt under section 6(d)(2) regarding available employment and

training services.’’.

(d) F

UNDING OF

MPLOYMENT AND

RAINING

ROGRAMS

.—Sec-

tion 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h))

is amended—

(1) in paragraph (1)—

(A) in subparagraph (A) by striking ‘‘$90,000,000’’ and

inserting ‘‘$103,900,000’’,

(B) in subparagraph (C)—

(i) in clause (i) by inserting ‘‘, subject to clauses (ii)

through (v),’’ after ‘‘(B), the Secretary’’, and

(ii) by adding at the end the following:

‘‘(iv) P

RIORITY

.—The Secretary shall reallocate

funds under this subparagraph as follows:

‘‘(I)(aa) Subject to items (bb) and (cc), not less

than 50 percent shall be reallocated to State agen-

cies requesting such funds to conduct employment

and training programs and activities for which

such State agencies had previously received fund-

ing under subparagraph (F)(viii) that the Sec-

retary determines have the most demonstrable im-

pact on the ability of participants to find and re-

tain employment that leads to increased household

income and reduced reliance on public assistance.

‘‘(bb) The Secretary shall base the determina-

tion under item (aa) on—

‘‘(AA) project results from the independent

evaluations conducted under subparagraph

(F)(vii)(I); or

‘‘(BB) if the project results from the inde-

pendent evaluations conducted under subpara-

graph (F)(vii)(I) are not yet available, the re-

ports under subparagraph (F)(vii)(II) or other

information relating to performance of the pro-

148

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

grams and activities funded under subpara-

graph (F)(viii).

‘‘(cc) Employment and training activities fund-

ed under this subclause are not subject to subpara-

graph (F)(vii), but are subject to monitoring under

paragraph (h)(5).

‘‘(II) Not less than 30 percent shall be reallo-

cated to State agencies requesting such funds to

implement or continue employment and training

programs and activities under section 6(d)(4)(B)(i)

that the Secretary determines have the most de-

monstrable impact on the ability of participants to

find and retain employment that leads to increased

household income and reduced reliance on public

assistance, including programs and activities that

are targeted to—

‘‘(aa) individuals 50 years of age or older;

‘‘(bb) formerly incarcerated individuals;

‘‘(cc) individuals participating in a sub-

stance abuse treatment program;

‘‘(dd) homeless individuals;

‘‘(ee) people with disabilities seeking to

enter the workforce;

‘‘(ff) other individuals with substantial

barriers to employment; or

‘‘(gg) households facing multi-generational

poverty, to support employment and workforce

participation through an integrated and fam-

ily-focused approach in providing supportive

services.

‘‘(III) The Secretary shall reallocate any re-

maining funds available under this subparagraph,

to State agencies requesting such funds to use for

employment and training programs and activities

that the Secretary determines have the most de-

monstrable impact on the ability of participants to

find and retain employment that leads to increased

household income and reduced reliance on public

assistance under section 6(d)(4)(B)(i).

‘‘(v) C

ONSIDERATION

.—In reallocating funds under

this subparagraph, a State agency that receives reallo-

cated funds under clause (iv)(I) may also be considered

for reallocated funding under clause (iv)(II).’’, and

serting ‘‘$100,000’’, and

(2) in paragraph (5)(B) by adding at the end the following:

‘‘(v) S

TATE OPTION

.—The State agency may report

relevant data from a workforce partnership carried out

under section 6(d)(4)(N) to demonstrate the number of

program participants served by the workforce partner-

ship.’’.

(e) E

XPIRED

UTHORITY

.—Section 17(b) of the Food and Nutri-

tion Act of 2008 (7 U.S.C. 2026(b)) is amended—

(1) by striking paragraph (2), and

(2) by redesignating paragraph (3) as paragraph (2).

149

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER SYS-

TEM.

(a) EBT P

ORTABILITY

.—Section 7(f)(5) of the Food and Nutri-

tion Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the

end the following:

‘‘(C) O

PERATION OF INDIVIDUAL POINT OF SALE DEVICE

BY FARMERS

’

MARKETS AND DIRECT MARKETING FARMERS

.—

A farmers’ market or direct marketing farmer that is ex-

empt under paragraph (2)(B)(i) shall be allowed to operate

an individual electronic benefit transfer point of sale device

at more than 1 location under the same supplemental nu-

trition assistance program authorization, if—

‘‘(i) the farmers’ market or direct marketing farmer

provides to the Secretary information on location and

hours of operation at each location; and

‘‘(ii)(I) the point of sale device used by the farmers’

market or direct marketing farmer is capable of pro-

viding location information of the device through the

electronic benefit transfer system; or

‘‘(II) if the Secretary determines that the technology

is not available for a point of sale device to meet the

requirement under subclause (I), the farmers’ market or

direct marketing farmer provides to the Secretary any

other information, as determined by the Secretary, nec-

essary to ensure the integrity of transactions processed

using the point of sale device.’’.

(b) M

ODERNIZATION OF

LECTRONIC

ENEFIT

RANSFER

EGU

LATIONS

.—The 1st sentence of section 7(h)(2) of the Food and Nutri-

tion Act of 2008 (7 U.S.C. 2016(h)(2)) is amended by inserting ‘‘and

shall periodically review such regulations and modify such regula-

tions to take into account evolving technology and comparable in-

dustry standards’’ before the period at the end.

ENEFIT

ECOVERY

.—Section 7(h)(12) of the Food and Nu-

trition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—

(1) in subparagraph (A) by inserting ‘‘, or due to the death

of all members of the household’’ after ‘‘inactivity’’, and

(2) by striking subparagraphs (B) and (C) and inserting the

following:

‘‘(B) B

ENEFIT STORAGE

.—

‘‘(i) I

N GENERAL

.—A State agency may store recov-

ered electronic benefits off-line in accordance with

clause (ii), if the household has not accessed the ac-

count after 3 months.

‘‘(ii) N

OTICE OF BENEFIT STORAGE

.—A State agency

shall—

‘‘(I) send notice to a household the benefits of

which are stored under clause (i); and

‘‘(II) not later than 48 hours after request by

the household, make the stored benefits available

to the household.

‘‘(C) B

ENEFIT EXPUNGING

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), a State

agency shall expunge benefits that have not been

accessed by a household after a period of 9 months, or

150

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

upon verification that all members of the household are

deceased.

‘‘(ii) N

OTICE OF BENEFIT EXPUNGING

.—Not later

than 30 days before benefits are to be expunged under

clause (i), a State agency shall—

‘‘(I) provide sufficient notice to the household

that benefits will be expunged due to inactivity,

and the date upon which benefits will be expunged;

‘‘(II) for benefits stored off-line in accordance

with subparagraph (B), provide the household an

opportunity to request that such benefits be re-

stored to the household; and

‘‘(III) not later than 48 hours after request by

the household, make the benefits available to the

household.’’.

(d) P

ROHIBITED

EES

.—Section 7 of the Food and Nutrition Act

of 2008 (7 U.S.C. 2016) is amended—

(1) by amending subsection (h)(13) to read as follows:

‘‘(13) F

EES

.—

‘‘(A) I

NTERCHANGE FEES

.—No interchange fees shall

apply to electronic benefit transfer transactions under this

subsection.

‘‘(B) O

THER FEES

.—Effective through fiscal year 2023,

neither a State, nor any agent, contractor, or subcontractor

of a State who facilitates the provision of supplemental nu-

trition assistance program benefits in such State may im-

pose a fee for switching (as defined in subsection (j)(1)(H))

or routing such benefits.’’, and

(2) by amending subsection (j)(1)(H) to read as follows:

‘‘(H) S

WITCHING

.—The term ‘switching’ means the rout-

ing of an intrastate or interstate transaction that consists

of transmitting the details of a transaction electronically re-

corded through the use of an electronic benefit transfer card

in one State to the issuer of the card that may be in the

same or different State.’’.

(e) M

OBILE

ECHNOLOGIES

.—Section 7(h)(14) of the Food and

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

(1) by amending subparagraph (A) to read as follows:

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), the

Secretary shall authorize the use of mobile technologies for

the purpose of accessing supplemental nutrition assistance

program benefits.’’,

(2) in subparagraph (B)—

(A) by striking the heading and inserting ‘‘D

EMONSTRA

TION PROJECTS ON ACCESS OF BENEFITS THROUGH MOBILE

TECHNOLOGIES

’’,

(B) by amending clause (i) to read as follows:

‘‘(i) D

EMONSTRATION PROJECTS

.—Before author-

izing 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.’’,

151

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(i) in the heading by striking ‘‘D

EMONSTRATION

PROJECTS

’’ and inserting ‘‘P

ROJECT REQUIREMENTS

’’,

(ii) by striking ‘‘retail food store’’ the first place it

appears and inserting ‘‘State agency’’,

(iii) by striking ‘‘includes’’,

(iv) by striking subclauses (I), (II), (III), and (IV),

and inserting the following:

‘‘(I) provides recipient protections regarding

privacy, ease of use, household access to benefits,

and support similar to the protections provided

under existing methods;

‘‘(II) ensures that all recipients, including

those without access to mobile payment technology

and those who shop across State borders, have a

means of benefit access;

‘‘(III) requires retail food stores, unless exempt

under section 7(f)(2)(B), to bear the costs of acquir-

ing and arranging for the implementation of point-

of-sale equipment and supplies for the redemption

of benefits that are accessed through mobile tech-

nologies;

‘‘(IV) requires that foods purchased with bene-

fits issued under this section through mobile tech-

nologies 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 deter-

mined by the Secretary;

‘‘(V) ensures adequate documentation for each

authorized transaction, adequate security meas-

ures to deter fraud, and adequate access to retail

food stores that accept benefits accessed through

mobile technologies, as determined by the Sec-

retary;

‘‘(VI) provides for an evaluation of the dem-

onstration project, including, but not limited to, an

evaluation of household access to benefits;

‘‘(VII) requires that the State demonstration

projects are voluntary for all retail food stores and

that all recipients are able to use benefits in non-

participating retail food stores; and

‘‘(VIII) meets other criteria as established by

the Secretary.’’,

(D) by amending clause (iii) to read as follows:

‘‘(iv) D

ATE OF PROJECT APPROVAL

.—The Secretary

shall solicit and approve the qualifying demonstration

projects required under subparagraph (B)(i) not later

than January 1, 2021.’’, and

(E) by inserting after clause (ii) the following:

‘‘(iii) P

RIORITY

.—The Secretary may prioritize dem-

onstration project proposals that would—

‘‘(I) reduce fraud;

‘‘(II) encourage positive nutritional outcomes;

and

‘‘(III) meet such other criteria as determined

by the Secretary.’’, and

152

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(3) in subparagraph (C)(i)—

(A) by striking ‘‘2017’’ and inserting ‘‘2022’’, and

(B) by inserting ‘‘requires further study by way of an

extended pilot period or’’ after ‘‘States’’ the 2d place it ap-

pears.

(f) A

PPROVAL OF

ETAIL

OOD

TORES

.—Section 9 of the Food

and Nutrition Act (7 U.S.C. 2018) is amended—

(1) in subsection (a)(1)—

(A) in the 4th sentence by striking ‘‘No retail food store’’

and inserting the following:

‘‘(D) V

ISIT REQUIRED

.—No retail food store’’,

(B) in the 3d sentence by striking ‘‘Approval’’ and in-

serting the following:

‘‘(C) C

ERTIFICATE

.—Approval’’,

(i) by striking ‘‘food; and (D) the’’ and inserting the

following: ‘‘food;

‘‘(iv) any information, if available, about the abil-

ity of the anticipated or existing electronic benefit

transfer equipment and service provider of the appli-

cant to provide sufficient information through the elec-

tronic benefit transfer system to minimize the risk of

fraudulent transactions; and

‘‘(v) the’’,

(ii) by striking ‘‘concern; (C) whether’’ and insert-

ing the following: ‘‘concern;

‘‘(iii) whether’’,

(iii) by striking ‘‘applicant; (B) the’’ and inserting

the following: ‘‘applicant;

‘‘(ii) the’’,

(iv) by striking ‘‘following: (A) the nature’’ and in-

serting the following: ‘‘following:

‘‘(i) the nature’’, and

(v) in the matter preceding clause (i), as so des-

ignated, by striking ‘‘In determining’’ and inserting the

following:

‘‘(B) F

ACTORS FOR CONSIDERATION

.—In determining’’,

and

(D) in the 1st sentence by striking ‘‘(a)(1) Regulations’’

and inserting the following:

‘‘(a) A

UTHORIZATION TO

CCEPT AND

EDEEM

ENEFITS

.—

‘‘(1) A

PPLICATIONS

.—

‘‘(A) I

N GENERAL

.—Regulations’’,

(2) in subsection (a) by adding at the end the following:

‘‘(4) E

LECTRONIC BENEFIT TRANSFER EQUIPMENT AND SERV

ICE PROVIDERS

.—Before implementing clause (iv) of paragraph

(1)(B), the Secretary shall issue guidance for retail food stores

on how to select electronic benefit transfer equipment and serv-

ice providers that are able to meet the requirements of that

clause.’’, and

(3) in the 1st sentence of subsection (c) by inserting ‘‘records

relating to electronic benefit transfer equipment and related

services, transaction and redemption data provided through the

electronic benefit transfer system,’’ after ‘‘purchase invoices,’’.

153

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PRO-

GRAM OPERATIONS.

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018)

is amended by adding at the end the following:

‘‘(i) R

EVIEW OF

ROGRAM

PERATIONS

.—

‘‘(1) R

EVIEW BY THE SECRETARY

.—The Secretary—

‘‘(A) shall review a representative sample of currently

authorized facilities referred to in section 3(k)(3) to deter-

mine whether benefits are properly used by or on behalf of

participating households residing in such facilities and

whether such facilities are using more than 1 source of Fed-

eral or State funding to meet the food needs of residents;

‘‘(B) may carry out similar reviews for currently par-

ticipating residential drug and alcohol treatment and reha-

bilitation programs, and group living arrangements for the

blind and disabled, referred to in section 3(k);

‘‘(C) shall gather information, and such facilities, pro-

grams, and arrangements shall be required to submit infor-

mation deemed necessary for a full and thorough review;

and

‘‘(D) shall report the results of these reviews to the

Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry

of the Senate not later than 18 months after the date of the

enactment of the Agriculture Improvement Act of 2018,

along with recommendations regarding—

‘‘(i) any additional requirements or oversight that

would be appropriate for such facilities, programs, and

arrangements; and

‘‘(ii) whether such facilities, programs, and ar-

rangements should continue to be authorized to partici-

pate in the supplemental nutrition assistance program.

‘‘(2) L

IMITATION

.—Nothing in this subsection shall author-

ize the Secretary to deny any application for continued author-

ization, any application for authorization, or any request to

withdraw the authorization of any such facility, program, or ar-

rangement based on a determination that residents of any such

facility or entity are residents of an institution for a period of

18 months from the date of enactment of the Agriculture Im-

provement Act of 2018.’’.

SEC. 4008. RETAIL INCENTIVES.

Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.

2018), as amended by section 4007, is amended by adding at the

end the following:

‘‘(j) I

NCENTIVES

.—

‘‘(1) D

EFINITION OF ELIGIBLE INCENTIVE FOOD

.—In this sub-

section, the term ‘eligible incentive food’ means—

‘‘(A) a staple food that is identified for increased con-

sumption, consistent with the most recent dietary rec-

ommendations; and

‘‘(B) a fruit, vegetable, dairy, whole grain, or product

thereof.

‘‘(2) G

UIDANCE

.—

‘‘(A) I

N GENERAL

.—The Secretary shall issue guidance

to clarify the process by which an approved retail food store

154

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

may seek a waiver to offer an incentive, which may be used

only for the purchase of an eligible incentive food at the

point of purchase, to a household purchasing food with

benefits issued under this Act.

‘‘(B) G

UIDANCE

.—The guidance under subparagraph

(A) shall establish a process under which an approved re-

tail food store, prior to carrying out an incentive program

under this subsection, shall provide to the Secretary infor-

mation describing the incentive program, including—

‘‘(i) the types of incentives that will be offered;

‘‘(ii) the types of foods that will be incentivized for

purchase; and

‘‘(iii) an explanation of how the incentive program

intends to support meeting dietary intake goals.

‘‘(3) N

O LIMITATION ON BENEFITS

.—A waiver granted under

this subsection shall not be used to carry out any activity that

limits the use of benefits under this Act or any other Federal

nutrition law.

‘‘(4) E

FFECT

.—Guidance provided under this subsection

shall not affect any requirements under section 4405 of the

Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517),

including the eligibility of a retail food store to participate in

a project funded under such section.

‘‘(5) R

EPORT

.—The Secretary shall submit to the Committee

on Agriculture of the House of Representatives and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate an

annual report describing the types of incentives approved under

this subsection.’’.

SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION.

Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.

2020(e)) is amended—

(1) in paragraph (24) by striking ‘‘and’’ after the semicolon,

(2) in paragraph (25) by striking the period at the end and

inserting ‘‘; and’’, and

(3) by adding at the end the following:

‘‘(26) that for a household participating in the supplemental

nutrition assistance program, the State agency shall pursue

clarification and verification, if applicable, of information relat-

ing to the circumstances of the household received from data

matches for the purpose of ensuring an accurate eligibility and

benefit determination, only if the information—

‘‘(A) appears to present significantly conflicting infor-

mation from the information that was used by the State

agency at the time of certification of the household;

‘‘(B) is obtained from data matches carried out under

subsection (q), (r), or (x); or

‘‘(C)(i) is less than 60 days old relative to the current

month of participation of the household; and

‘‘(ii) if accurate, would have been required to be re-

ported by the household based on the reporting require-

ments assigned to the household by the State agency under

section 6(c).’’.

155

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4010. INCENTIVIZING TECHNOLOGY MODERNIZATION.

Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.

2020(t)) is amended—

(1) by striking the heading and inserting ‘‘G

RANTS FOR

PLIFIED

PPLICATION AND

LIGIBILITY

ETERMINATION

TEMS AND

MPROVED

CCESS TO

ENEFITS

’’,

(2) in paragraph (1) by striking ‘‘implement—’’ and all that

follows through the period at the end, and inserting ‘‘implement

supplemental nutrition assistance program simplified applica-

tion and eligibility determination systems.’’, and

(3) in paragraph (2)—

(A) by amending subparagraph (B) to read as follows:

‘‘(B) establishing enhanced technological methods that

improve the administrative infrastructure used in proc-

essing applications and determining eligibility; or’’,

(B) by striking subparagraphs (C) and (D), and

graph (C).

SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE

ISSUANCES.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.

2020), as amended by section 4005(c), is amended by adding at the

end the following:

‘‘(x) N

ATIONAL

CCURACY

LEARINGHOUSE

.—

‘‘(1) D

EFINITION OF INDICATION OF MULTIPLE ISSUANCE

.—In

this subsection, the term ‘indication of multiple issuance’ means

an indication, based on a computer match, that supplemental

nutrition assistance program benefits are being issued to an in-

dividual by more than 1 State agency simultaneously.

‘‘(2) E

STABLISHMENT

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish an

interstate data system, to be known as the ‘National Accu-

racy Clearinghouse’, to prevent multiple issuances of sup-

plemental nutrition assistance program benefits to an indi-

vidual by more than 1 State agency simultaneously.

‘‘(B) D

ATA MATCHING

.—The Secretary shall require that

State agencies make available to the National Accuracy

Clearinghouse only such information as is necessary for the

purpose described in subparagraph (A).

‘‘(C) D

ATA PROTECTION

.—The information made avail-

able by State agencies under subparagraph (B)—

‘‘(i) shall be used only for the purpose described in

subparagraph (A);

‘‘(ii) shall be exempt from the disclosure require-

ments of section 552(a) of title 5 of the United States

Code pursuant to section 552(b)(3) of title 5 of the

United States Code, to the extent such information is

obtained or received by the Secretary;

‘‘(iii) shall not be retained for longer than is nec-

essary to accomplish the purpose in subparagraph (A);

‘‘(iv) shall be used in a manner that protects the

identity and location of a vulnerable individual (in-

cluding a victim of domestic violence) that is an appli-

cant for, or recipient of, supplemental nutrition assist-

ance program benefits; and

156

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(v) shall meet security standards as determined

by the Secretary.

‘‘(3) I

SSUANCE OF INTERIM FINAL REGULATIONS

.—Not later

than 18 months after the date of enactment of the Agriculture

Improvement Act of 2018, the Secretary shall promulgate regu-

lations (which shall include interim final regulations) to carry

out this subsection that—

‘‘(A) incorporate best practices and lessons learned from

the pilot program under section 4032(c) of the Agricultural

Act of 2014 (7 U.S.C. 2036c(c));

‘‘(B) require a State agency to take appropriate action,

as determined by the Secretary, with respect to each indica-

tion of multiple issuance of supplemental nutrition assist-

ance program benefits, or each indication that an indi-

vidual receiving such benefits in 1 State has applied to re-

ceive such benefits in another State, while ensuring timely

and fair service to applicants for, and recipients of, such

benefits;

‘‘(C) establish standards to limit and protect the infor-

mation submitted through or retained by the National Ac-

curacy Clearinghouse consistent with paragraph (2)(C);

‘‘(D) establish safeguards to protect—

‘‘(i) the information submitted through or retained

by the National Accuracy Clearinghouse, including by

limiting the period of time that information is retained

to the period necessary to accomplish the purpose de-

scribed in paragraph (2)(A); and

‘‘(ii) the privacy of information that is submitted

through or retained by the National Accuracy Clearing-

house consistent with subsection (e)(8); and

‘‘(E) include such other rules and standards the Sec-

retary determines appropriate to carry out this subsection.

‘‘(4) T

IMING

.—The initial match and corresponding actions

required by paragraph (3)(B) shall occur within 3 years after

the date of the enactment of the Agriculture Improvement Act

of 2018.’’.

SEC. 4012. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR

CERTAIN PILOT PROJECTS RELATING TO COST SHARING

FOR COMPUTERIZATION.

Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.

2025(g)(1)) is amended—

(1) in subparagraph (F) by redesignating clauses (i) and (ii)

as subclauses (I) and (II), respectively, and indenting appro-

priately;

(2) by redesignating subparagraphs (A) through (F) as

clauses (i) through (vi), respectively, and indenting appro-

priately;

(3) in the matter preceding clause (i), as so redesignated—

(A) by striking ‘‘paragraphs (2) and (3)’’ and inserting

‘‘paragraph (2)’’; and

(B) by striking ‘‘in the planning’’ and inserting the fol-

lowing: ‘‘in the—

‘‘(A) planning’’,

(4) in clause (v), as so redesignated, of subparagraph (A),

as so designated, by striking ‘‘implementation, including

157

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

through pilot projects in limited areas for major systems

changes as determined under rules promulgated by the Sec-

retary, data from which’’ and inserting the following: ‘‘imple-

mentation, including a requirement that—

‘‘(I) such testing shall be accomplished

through pilot projects in limited areas for major

systems changes (as determined under rules pro-

mulgated by the Secretary);

‘‘(II) each pilot project described in subclause

(I) that is carried out before the implementation of

a system shall be conducted in a live-production

environment; and

‘‘(III) the data resulting from each pilot project

carried out under this clause’’;

(5) in clause (vi), as so redesignated, by striking the period

at end and inserting ‘‘; and’’, and

(6) by adding at the end the following:

‘‘(B) operation of 1 or more automatic data processing

and information retrieval systems that the Secretary deter-

mines may continue to be operated in accordance with

clauses (i) through (vii) of subparagraph (A).’’.

SEC. 4013. QUALITY CONTROL IMPROVEMENTS.

(a) R

ECORDS

.—Section 11(a)(3)(B) of the Food and Nutrition

Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended—

(1) by striking ‘‘Records described’’ and inserting ‘‘All

records, and the entire information systems in which records

are contained, that are covered’’, and

(2) by amending clause (i) to read as follows:

‘‘(i) be made available for inspection and audit by

the Secretary, subject to data and security protocols

agreed to by the State agency and Secretary;’’.

(b) Q

UALITY

ONTROL

YSTEM

.—Section 16(c)(1)(B) of the Food

and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is amended to

read as follows:

‘‘(B) Q

UALITY CONTROL SYSTEM INTEGRITY

.—

‘‘(i) I

N GENERAL

.—Not later than 180 days after

the date of enactment of the Agriculture Improvement

Act of 2018, the Secretary shall issue interim final reg-

ulations that—

‘‘(I) ensure that the quality control system es-

tablished under this subsection produces valid sta-

tistical results;

‘‘(II) provide for oversight of contracts entered

into by a State agency for the purpose of improving

payment accuracy;

‘‘(III) ensure the accuracy of data collected

under the quality control system established under

this subsection; and

‘‘(IV) for each fiscal year, to the maximum ex-

tent practicable, provide for the evaluation of the

integrity of the quality control process of not fewer

than 2 State agencies, selected in accordance with

criteria determined by the Secretary.

‘‘(ii) D

EBARMENT

.—In accordance with the non-

procurement debarment procedures under part 417 of

158

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

title 2, Code of Federal Regulations, or successor regu-

lations, the Secretary shall debar any person that, in

carrying out the quality control system established

under this subsection, knowingly submits, or causes to

be submitted, false information to the Secretary.’’.

EPORTING

EQUIREMENTS

.—The 1st sentence of section

16(c)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(4))

is amended by inserting ‘‘, including providing access to applicable

State records and the entire information systems in which the

records are contained,’’ after ‘‘necessary’’.

(d) S

TATE

ERFORMANCE

NDICATORS

.—Section 16(d) of the

Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—

(1) by striking the heading and inserting ‘‘S

TATE

ERFORM

ANCE

NDICATORS

’’,

(2) in paragraph (2)—

(A) in the heading by striking ‘‘

AND THEREAFTER

’’ and

inserting ‘‘

THROUGH 2017

’’,

(B) in subparagraph (A) by striking ‘‘and each fiscal

year thereafter’’ and inserting ‘‘through fiscal year 2017’’,

and

year thereafter’’ and inserting ‘‘through fiscal year 2017’’,

and

(3) by adding at the end the following:

‘‘(6) F

ISCAL YEAR 2018 AND FISCAL YEARS THEREAFTER

.—

‘‘(A) With respect to fiscal year 2018 and each fiscal

year thereafter, the Secretary shall establish, by regulation,

performance criteria relating to—

‘‘(i) actions taken to correct errors, reduce rates of

error, and improve eligibility determinations; and

‘‘(ii) other indicators of effective administration de-

termined by the Secretary.

‘‘(B) The Secretary shall not award performance bonus

payments to State agencies in fiscal year 2019 for fiscal

year 2018 performance.’’.

(e) C

OST

HARING FOR

OMPUTERIZATION

.—Section 16(g)(1)(A)

of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)(A)), as

amended by section 4012, is amended—

(1) in clause (v)(III) by striking ‘‘and’’, and

(2) by adding at the end the following:

‘‘(vii) would be accessible by the Secretary for in-

spection and audit under section 11(a)(3)(B); and’’.

SEC. 4014. EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERA-

TION REQUIREMENTS.

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.

2026) is amended by adding at the end the following:

‘‘(m) E

VALUATION OF

HILD

UPPORT

NFORCEMENT

OOPERA

TION

EQUIREMENTS

.—

‘‘(1) I

N GENERAL

.—The Secretary, in consultation with the

Secretary of Health and Human Services, shall conduct an

independent evaluation of a representative sample of States—

‘‘(A) to assess the implementation and impact of the eli-

gibility requirements described in subsections (l) through

(n) of section 6 in States that have formerly implemented

159

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

or continue to implement those requirements, and the feasi-

bility of implementing those requirements in other States;

‘‘(B) to assess the factors that contributed to the deci-

sion of States that formerly implemented the eligibility re-

quirements described in each of subsections (l) through (n)

of section 6 to cease such implementation;

‘‘(C) to review alternatives to the eligibility require-

ments described in each of subsections (l) through (n) of

section 6 that are used by other States to assist participants

in the supplemental nutrition assistance program to make

or receive child support payments and the effectiveness of

those alternatives; and

‘‘(D) to evaluate the costs and benefits to households

and to State agencies, of requiring State agencies to imple-

ment each of the eligibility requirements described in sub-

sections (l) through (n) of section 6.

‘‘(2) E

VALUATION

.—The evaluation under paragraph (1)

shall include, to the maximum extent practicable, an assess-

ment of—

‘‘(A) the manner in which applicable State agencies im-

plement and enforce the eligibility requirements described

in subparagraph (A) of such paragraph, including—

‘‘(i) the procedures used by each State to determine

cooperation, to sanction participants for failure to co-

operate, and to determine good cause for noncoopera-

tion under each of subsections (l) through (n) of section

6; and

‘‘(ii) the manner in which each State aligns the

procedures for implementing those eligibility require-

ments with procedures for implementing other Federal

programs that require cooperation with child support

enforcement, including the program of block grants to

States for temporary assistance for needy families es-

tablished under part A of title IV of the Social Security

Act (42 U.S.C. 601 et seq.), the Medicaid program

under title XIX of the Social Security Act (42 U.S.C.

1396 et seq.), and programs carried out under the

Child Care and Development Block Grant Act of 1990

(42 U.S.C. 9857 et seq.);

‘‘(B) the Federal, State, and local costs associated with

implementing those eligibility requirements, including costs

incurred under this Act and by child support enforcement

agencies for personnel, technology upgrades, and other

costs;

‘‘(C) the effect of those eligibility requirements on the

establishment of new child support orders, the establish-

ment of paternity, changes in child support payments to

custodial households, and changes in arrears owed on child

support orders;

‘‘(D) with respect to the eligibility requirements under

each of subsections (l) through (n) of section 6—

‘‘(i) the number of individuals subject to those re-

quirements;

‘‘(ii) the number of individuals in each State who

meet those requirements; and

160

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(iii) the number of individuals in each State who

fail to meet those requirements;

‘‘(E) the number of individuals in each State for whom

good cause for noncooperation has been found under section

6(l)(2);

‘‘(F) the impact of those eligibility requirements on the

supplemental nutrition assistance program eligibility, ben-

efit levels, food security, income, and economic stability of—

‘‘(i) individuals subject to those requirements;

‘‘(ii) the household members of those individuals,

including children; and

‘‘(iii) households with nontraditional family struc-

tures, including a household in which a grandparent is

the primary caretaker of a grandchild of the grand-

parent.

‘‘(3) S

TATE AGENCY COOPERATION

.—Each State agency se-

lected under paragraph (1) shall provide information to the Sec-

retary necessary to conduct the evaluation under such para-

graph.

‘‘(4) R

EPORT

.—Not later than 3 years after the date of en-

actment of the Agriculture Improvement Act of 2018, the Sec-

retary shall submit to the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report describing the

findings from the evaluation conducted under paragraph (1).’’.

SEC. 4015. LONGITUDINAL DATA FOR RESEARCH.

(a) L

ONGITUDINAL

ATA

.—Section 17 of the Food and Nutrition

Act of 2008 (7 U.S.C. 2026), as amended by section 4014, is amend-

ed by adding at the end the following:

‘‘(n) L

ONGITUDINAL

ATA FOR

ESEARCH

.—

‘‘(1) I

N GENERAL

.—Subject to paragraphs (3) through (5), a

State agency may, on approval by the Secretary, establish a lon-

gitudinal database that contains information about households

and members of households that receive benefits under the sup-

plemental nutrition assistance program in the State.

‘‘(2) P

URPOSE

.—Each longitudinal database established

under paragraph (1) shall be used solely to conduct research on

participation in and the operation of the supplemental nutrition

assistance program, including duration of participation in the

program.

‘‘(3) R

EQUIREMENTS FOR DATABASES

.—Prior to the approval

of State agencies to establish longitudinal databases under

paragraph (1), the Secretary shall—

‘‘(A) identify features that shall be standard across

States such as database format to facilitate use of longitu-

dinal databases established under paragraph (1) for re-

search purposes;

‘‘(B) identify features of longitudinal databases estab-

lished under paragraph (1) that may vary across States;

‘‘(C) identify a procedure for States operating longitu-

dinal databases under paragraph (1) to use a unique iden-

tifier to provide relevant information on household mem-

bers who receive benefits under the supplemental nutrition

assistance program for the purpose of comparing participa-

161

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

tion data in multiple participating States over time while

protecting participant privacy;

‘‘(D) establish the manner in which data security and

privacy protections, as required by Federal law and con-

sistent with other appropriate practices, shall be imple-

mented and maintained;

‘‘(E) provide direction to State agencies on the respon-

sibilities of and funding arrangements for State agencies

and any State contractors (including entities providing

technical assistance) relating to the establishment and op-

eration of a longitudinal database;

‘‘(F) provide a description of the documentation that

States shall submit to the Secretary prior to allowing re-

searchers access to a longitudinal database;

‘‘(G) consult with other Federal research agencies, in-

cluding the Bureau of the Census;

‘‘(H) consult with States that have already established

databases used for purposes similar to the purposes out-

lined in this subsection; and

‘‘(I) identify any other requirements determined appro-

priate by the Secretary.

‘‘(4) I

NCLUDED DATA

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), each

longitudinal database established under paragraph (1)—

‘‘(i) shall include monthly information about

households and members of households that receive

benefits under the supplemental nutrition assistance

program in the participating State taken from existing

information collected by the State agency including, if

available,—

‘‘(I) demographic characteristics;

‘‘(II) income and financial resources (as de-

scribed in section 5(g));

‘‘(III) employment status;

‘‘(IV) household circumstances, such as deduct-

ible expenses; and

‘‘(V) the amount of the monthly allotment re-

ceived under the supplemental nutrition assistance

program; and

‘‘(ii) may include information from other State

data sources such as—

‘‘(I) earnings and employment data from the

State department of labor;

‘‘(II) health insurance program data; or

‘‘(III) data from participation in other pro-

grams administered by the State.

‘‘(B) D

ATA PROTECTION

.—Any State that establishes a

longitudinal database under paragraph (1) shall, in ac-

cordance with all applicable Federal and State privacy

standards and requirements—

‘‘(i) protect the privacy of information about each

member of each household that receives benefits under

the supplemental nutrition assistance program in such

State by ensuring that no personally identifiable infor-

mation (including social security number, home ad-

162

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

dress, or contact information) is included in the longi-

tudinal database; and

‘‘(ii) make the data under this paragraph available

to researchers and the Secretary.

‘‘(5) A

PPROVAL

.—The Secretary shall approve the establish-

ment of longitudinal databases under paragraph (1) in States

that—

‘‘(A) meet the requirements for databases under para-

graph (3) and (4)(B);

‘‘(B) reflect a range of participant numbers, demo-

graphics, operational structures, and geographic regions;

and

‘‘(C) have the capacity to provide on a periodic and on-

going basis household and participant data derived from

the eligibility system and other data sources of the State.

‘‘(6) G

RANTS

.—

‘‘(A) I

N GENERAL

.—In carrying out this subsection, the

Secretary may provide grants to States that have been ap-

proved by the Secretary in accordance with paragraph (5)

out of funds made available under paragraph (9).

‘‘(B) M

ETHOD OF AWARDING GRANTS

.—Grants awarded

under this paragraph shall be made in such amounts and

under such terms and conditions as the Secretary deter-

mines necessary to carry out the purposes of this subsection.

‘‘(7) R

EPORT

.—

‘‘(A) I

N GENERAL

.—Not later than 4 years after the ef-

fective date of this subsection, the Secretary shall submit to

the Committee on Agriculture of the House of Representa-

tives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report on the feasibility of expand-

ing implementation of longitudinal databases to every

State.

‘‘(B) C

ONTENTS

.—The report required under subpara-

graph (A) shall describe—

‘‘(i) the cost of expanding implementation of longi-

tudinal databases with consistent data to every State;

‘‘(ii) the challenges and benefits of using State lon-

gitudinal databases with consistent data; and

‘‘(iii) alternatives to expanding implementation of

longitudinal databases with consistent data to every

State that may achieve similar research outcomes and

the advantages and disadvantages of those alter-

natives.

‘‘(8) E

FFECT

.—Nothing in this subsection shall be construed

to prevent or limit the ability of State agencies to establish or

continue operating databases used for purposes similar to the

purposes outlined in this subsection.

‘‘(9) F

UNDING

.—Of the funds made available under section

18, the Secretary shall use to carry out this subsection—

‘‘(A) $20,000,000 for fiscal year 2019 to remain avail-

able through fiscal year 2021; and

‘‘(B) $5,000,000 for fiscal year 2022 and each fiscal

year thereafter.’’.

(b) C

ONFORMING

MENDMENT

.—The 1st sentence of section

16(a) of the Food and Nutrition Act of 2008 is amended—

163

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(1) by striking ‘‘and (8)’’ and inserting ‘‘(8)’’; and

(2) by inserting ‘‘, and (9) establishing and operating a lon-

gitudinal database in accordance with section 17(n)’’ before ‘‘:

Provided’’.

SEC. 4016. AUTHORIZATION OF APPROPRIATIONS.

The 1st sentence of section 18(a)(1) of the Food and Nutrition

Act of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ‘‘2018’’ and

inserting ‘‘2023’’.

SEC. 4017. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.

Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.

2034(b)(2)) is amended—

(1) in subparagraph (B) by striking ‘‘and’’ at the end,

(2) in subparagraph (C) by striking ‘‘fiscal year 2015 and

each fiscal year thereafter.’’ and inserting ‘‘each of fiscal years

2015 through 2018; and’’, and

(3) by adding at the end the following:

‘‘(D) $5,000,000 for fiscal year 2019 and each fiscal

year thereafter.’’.

SEC. 4018. EMERGENCY FOOD ASSISTANCE PROGRAM.

(a) S

TATE

LAN

.—Section 202A(b) of the Emergency Food As-

sistance Act of 1983 (7 U.S.C. 7503(b)) is amended—

(1) in paragraph (3), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (4), by striking the period at the end and

inserting a semicolon; and

(3) by adding at the end the following:

‘‘(5) at the option of the State agency, describe a plan of op-

eration for 1 or more projects in partnership with 1 or more

emergency feeding organizations located in the State to harvest,

process, package, or transport donated commodities received

under section 203D(d); and

‘‘(6) describe a plan, which may include the use of a State

advisory board established under subsection (c), that provides

emergency feeding organizations or eligible recipient agencies

within the State an opportunity to provide input on the com-

modity preferences and needs of the emergency feeding organi-

zation or eligible recipient agency.’’.

(b) S

TATE AND

OCAL

UPPLEMENTATION OF

OMMODITIES

.—

Section 203D of the Emergency Food Assistance Act of 1983 (7

U.S.C. 7507) is amended by adding at the end the following:

‘‘(d) P

ROJECTS TO

ARVEST

, P

ROCESS

, P

ACKAGE

RANSPORT

ONATED

OMMODITIES

.—

‘‘(1) D

EFINITION OF PROJECT

.—In this subsection, the term

‘project’ means the harvesting, processing, packaging, or trans-

portation of unharvested, unprocessed, or unpackaged commod-

ities donated by agricultural producers, processors, or distribu-

tors for use by emergency feeding organizations under sub-

section (a).

‘‘(2) F

EDERAL FUNDING FOR PROJECTS

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraphs (B) and

paragraph (5), the Secretary may provide funding to States

to pay for the costs of carrying out a project.

164

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(B) F

EDERAL SHARE

.—The Federal share of the cost of

a project under subparagraph (A) shall not exceed 50 per-

cent of the total cost of the project.

‘‘(C) A

LLOCATION

.—

‘‘(i) I

N GENERAL

.—Each fiscal year, the Secretary

shall allocate the funds made available under subpara-

graph (A), based on a formula determined by the Sec-

retary, to States that have submitted a State plan de-

scribing a plan of operation for a project under section

202A(b)(5).

‘‘(ii) R

EALLOCATION

.—If the Secretary determines

that a State will not expend all of the funds allocated

to the State for a fiscal year under clause (i), the Sec-

retary shall reallocate the unexpended funds to other

States that have submitted under section 202A(b)(5) a

State plan describing a plan of operation for a project

during that fiscal year or the subsequent fiscal year, as

the Secretary determines appropriate.

‘‘(iii) R

EPORTS

.—Each State to which funds are al-

located for a fiscal year under this subparagraph shall,

on a regular basis, submit to the Secretary financial re-

ports describing the use of the funds.

‘‘(3) P

ROJECT PURPOSES

.—A State may only use Federal

funds received under paragraph (2) for a project the purposes

of which are—

‘‘(A) to reduce food waste at the agricultural produc-

tion, processing, or distribution level through the donation

of food;

‘‘(B) to provide food to individuals in need; and

‘‘(C) to build relationships between agricultural pro-

ducers, processors, and distributors and emergency feeding

organizations through the donation of food.

‘‘(4) C

OOPERATIVE AGREEMENTS

.—The Secretary may en-

courage a State agency that carries out a project using Federal

funds received under paragraph (2) to enter into cooperative

agreements with State agencies of other States under section

203B(d) to maximize the use of commodities donated under the

project.

‘‘(5) F

UNDING

.—Out of funds not otherwise appropriated,

the Secretary of the Treasury shall transfer to the Secretary to

carry out this subsection $4,000,000 for each of fiscal years

2019 through 2023, to remain available until the end of the

subsequent fiscal year.’’.

OOD

ASTE

.—Section 203D of the Emergency Food Assist-

ance Act of 1983 (7 U.S.C. 7507), as amended by subsection (b), is

amended by adding at the end the following:

‘‘(e) F

OOD

ASTE

.—The Secretary shall issue guidance outlining

best practices to minimize the food waste of the commodities do-

nated under subsection (a).’’.

(d) E

MERGENCY

OOD

ROGRAM

NFRASTRUCTURE

RANTS

.—

Section 209(d) of the Emergency Food Assistance Act of 1983 (7

U.S.C. 7511a(d)) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

165

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(e) A

VAILABILITY OF

OMMODITIES FOR THE

MERGENCY

OOD

SSISTANCE

ROGRAM

.—Section 27(a) of the Food and Nutrition Act

of 2008 (7 U.S.C. 2036(a)) is amended—

(1) in paragraph (1), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in paragraph (2)—

(A) in subparagraph (C), by striking ‘‘2018’’ and insert-

ing ‘‘2023’’;

(B) in subparagraph (D)—

(i) in the matter preceding clause (i), by striking

‘‘2018’’ and inserting ‘‘2023’’;

(ii) in clause (iii), by striking ‘‘and’’ after the semi-

colon;

(iii) in clause (iv), by striking ‘‘and’’ after the semi-

colon;

(iv) by adding at the end the following:

‘‘(v) for fiscal year 2019, $23,000,000;

‘‘(vi) for fiscal year 2020, $35,000,000;

‘‘(vii) for fiscal year 2021, $35,000,000;

‘‘(viii) for fiscal year 2022, $35,000,000; and

‘‘(ix) for fiscal year 2023, $35,000,000; and’’; and

(i) by striking ‘‘2019’’ and inserting ‘‘2024’’;

(ii) by striking ‘‘(D)(iv)’’ and inserting ‘‘(D)(ix)’’;

and

(iii) by striking ‘‘June 30, 2017’’ and inserting

‘‘June 30, 2023’’.

SEC. 4019. NUTRITION EDUCATION.

Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C.

2036a(c)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (B)—

(i) in the matter preceding clause (i), by striking

‘‘Except as provided in subparagraph (C), a’’ and in-

serting ‘‘A’’,

(ii) in clause (ii) by striking ‘‘and’’ after the semi-

colon,

(iii) by redesignating clause (iii) as clause (iv), and

(iv) by inserting after clause (ii) the following:

‘‘(iii) describe how the State agency shall use an

electronic reporting system to—

‘‘(I) measure and evaluate the projects; and

‘‘(II) account for the allowable State agency

administrative costs including for—

‘‘(aa) salaries and benefits of State agency

personnel;

‘‘(bb) office supplies and equipment;

‘‘(cc) travel costs;

‘‘(dd) development and production of nu-

trition education materials;

‘‘(ee) memberships, subscriptions, and pro-

fessional activities;

‘‘(ff) lease or rental costs;

‘‘(gg) maintenance and repair expenses;

‘‘(hh) indirect costs; and

166

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(ii) cost of using publicly-owned building

space; and’’, and

(B) by striking subparagraph (C),

(2) in paragraph (3)(B) in the matter preceding clause (i),

by inserting ‘‘, the Director of the National Institute of Food and

Agriculture,’’ before ‘‘and outside stakeholders’’,

(3) in paragraph (5) by inserting ‘‘the expanded food and

nutrition education program or’’ before ‘‘other health pro-

motion’’, and

(4) by adding at the end the following:

‘‘(6) I

NFORMATION CLEARINGHOUSE

.—The Secretary shall

establish an online clearinghouse that makes available to State

agencies, local agencies, institutions of higher education, and

community organizations best practices for planning, imple-

menting, and evaluating nutrition education and obesity pre-

vention services to ensure that projects carried out with funds

received under this section are appropriate for the target popu-

lation.

‘‘(7) T

ECHNICAL ASSISTANCE

.—The Secretary shall provide

technical assistance to a State agency in developing and imple-

menting a nutrition education State plan, including—

‘‘(A) by identifying common challenges faced by entities

described in paragraph (6) that participate in projects car-

ried out with funds received under this section;

‘‘(B) by coordinating efforts to address those common

challenges;

‘‘(C) by collecting and disseminating information on

evidence-based practices relating to nutrition education and

obesity prevention;

‘‘(D) by facilitating communication between and among

grantees and subgrantees of funds received under this sec-

tion;

‘‘(E) by assisting State agencies in creating or main-

taining systems to compile program data; and

‘‘(F) by performing or assisting with other activities, as

determined by the Secretary.

‘‘(8) A

NNUAL STATE REPORT

.—Each State agency that deliv-

ers nutrition education and obesity prevention services under

this subsection shall submit to the Secretary an annual report,

which shall be made publicly available by the Secretary, that

includes—

‘‘(A) the use of funds on the State agency’s program, in-

cluding for each category of allowable State agency admin-

istrative costs identified in paragraph (2)(B)(iii)(II);

‘‘(B) a description of each project carried out by that

agency under this subsection, including, with respect to the

project, the target population, interventions, educational

materials used, key performance indicators used, and eval-

uations made;

‘‘(C) a comprehensive analysis of the impacts and out-

comes—

‘‘(i) of the project, including with respect to the ele-

ments described in subparagraph (A); and

‘‘(ii) to the extent practicable, of completed

multiyear projects; and

167

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(D) the status of any ongoing multiyear project.

‘‘(9) A

NNUAL FEDERAL REPORT

.—The Administrator of the

Food and Nutrition Service, in consultation with the Director of

the National Institute of Food and Agriculture, shall annually

submit to the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report that—

‘‘(A) evaluates the level of coordination between—

‘‘(i) the nutrition education and obesity prevention

grant program under this section;

‘‘(ii) the expanded food and nutrition education

program under section 1425 of the National Agricul-

tural Research, Extension, and Teaching Policy Act of

1977 (7 U.S.C. 3175); and

‘‘(iii) any other nutrition education program ad-

ministered by the Department of Agriculture; and

‘‘(B) includes the use of funds on such programs in-

cluding State agency administrative costs reported by

States under paragraph (8)(A).’’.

SEC. 4020. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.

Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.

2036b(c)(1)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 4021. PUBLIC-PRIVATE PARTNERSHIPS.

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

amended by adding at the end the following:

‘‘SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-PRI-

VATE PARTNERSHIPS COMMITTED TO ADDRESSING FOOD

INSECURITY.

‘‘(a) I

ENERAL

.—The Secretary may, on application of eligible

entities, approve not more than 10 pilot projects to support public-

private partnerships that address food insecurity and poverty.

‘‘(b) D

EFINITIONS

.—For purposes of this section—

‘‘(1) the term ‘eligible entity’ means—

‘‘(A) a nonprofit organization;

‘‘(B) a community-based organization;

‘‘(C) an institution of higher education; or

‘‘(D) a private entity, as determined by the Secretary;

and

‘‘(2) the term ‘public agency’ means a department, agency,

other unit, or instrumentality of Federal, State, or local govern-

ment.

‘‘(c) P

ROJECT

EQUIREMENTS

.—Projects approved under this

section shall—

‘‘(1) be limited to 2 years in length; and

‘‘(2) include a collaboration between one or more public

agencies and one or more eligible entities that—

‘‘(A) improves the effectiveness and impact of the sup-

plemental nutrition assistance program;

‘‘(B) develops food security solutions that are specific to

the needs of a community or region; and

‘‘(C) strengthens the capacity of communities to address

food insecurity and poverty.

168

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(d) E

VALUATION

.—The Secretary shall provide for an inde-

pendent evaluation of pilot projects approved under this section that

includes—

‘‘(1) a summary of the activities conducted under the pilot

projects;

‘‘(2) an assessment of the effectiveness of the pilot projects;

and

‘‘(3) best practices regarding the use of public-private part-

nerships to improve the effectiveness of public benefit programs

to address food insecurity and poverty.

‘‘(e) F

UNDING

.—

‘‘(1) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $5,000,000 to

remain available until expended.

‘‘(2) A

PPROPRIATION IN ADVANCE

.—Only funds appropriated

under paragraph (1) in advance specifically to carry out this

section shall be available to carry out this section.’’.

SEC. 4022. TECHNICAL CORRECTIONS.

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

amended—

(1) in section 3—

(A) in subsections (d) and (i) by striking ‘‘7(i)’’ and in-

serting ‘‘7(h)’’, and

(B) in subsection (o)(1)(A) by striking ‘‘(r)(1)’’ and in-

serting ‘‘(q)(1)’’,

(2) in section 5(a) by striking ‘‘and section’’ each place it ap-

pears and all that follows through ‘‘households’’ the respective

next place it appears, and inserting ‘‘and section 3(m)(4), house-

holds’’,

(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by strik-

ing ‘‘3(n)(5)’’ and inserting ‘‘3(m)(5)’’,

(4) in the 1st sentence of section 10—

(A) by striking ‘‘or the Federal Savings and Loan In-

surance Corporation’’ each place it appears, and

(B) by striking ‘‘3(p)(4)’’ and inserting ‘‘3(o)(4)’’,

(5) in section 11—

(A) in subsection (a)(2) by striking ‘‘3(t)(1)’’ and insert-

ing ‘‘3(s)(1)’’, and

(B) in subsection (d)—

(i) by striking ‘‘3(t)(1)’’ each place it appears and

inserting ‘‘3(s)(1)’’, and

(ii) by striking ‘‘3(t)(2)’’ each place it appears and

inserting ‘‘3(s)(2)’’, and

(i) in paragraph (17) by striking ‘‘3(t)(1)’’ inserting

‘‘3(s)(1)’’, and

(ii) in paragraph (23) by striking ‘‘Simplified Sup-

plemental Nutrition Assistance Program’’ and inserting

‘‘simplified supplemental nutrition assistance pro-

gram’’,

(6) in section 15(e) by striking ‘‘exchange’’ and all that fol-

lows through ‘‘anything’’, and inserting ‘‘exchange for benefits,

or anything’’,

(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking ‘‘3(n)’’ and

inserting ‘‘3(m)’’,

169

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon

at the end, and

(9) in section 26(b) by striking ‘‘out’’ and all that follows

through ‘‘(referred’’, and inserting ‘‘out a simplified supple-

mental nutrition assistance program (referred’’.

Subtitle B—Commodity Distribution

Programs

SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.

The 1st sentence of section 4(a) of the Agriculture and Con-

sumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.

Section 5 of the Agriculture and Consumer Protection Act of

1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—

(1) in subsection (a)—

(A) in paragraph (1) by striking ‘‘2018’’ and inserting

‘‘2023’’, and

(B) in paragraph (2)(B), in the matter preceding clause

(i), by striking ‘‘2018’’ and inserting ‘‘2023’’,

(2) in subsection (d)(2), in the 1st sentence, by striking

‘‘2018’’ and inserting ‘‘2023’’, and

(3) in subsection (g)—

(A) by striking ‘‘Except’’ and inserting the following:

‘‘(1) I

N GENERAL

.—Except’’, and

(B) by adding at the end the following:

‘‘(2) C

ERTIFICATION

.—

‘‘(A) D

EFINITION OF CERTIFICATION PERIOD

.—In this

paragraph, the term ‘certification period’ means the period

during which a participant in the commodity supplemental

food program in a State may continue to receive benefits

under the commodity supplemental food program without a

formal review of the eligibility of the participant.

‘‘(B) M

INIMUM CERTIFICATION PERIOD

.—Subject to sub-

paragraphs (C) and (D), a State shall establish for the com-

modity supplemental food program of the State a certifi-

cation period of—

‘‘(i) not less than 1 year; but

‘‘(ii) not more than 3 years.

‘‘(C) T

EMPORARY CERTIFICATION

.—An eligible applicant

for the commodity supplemental food program in a State

may be provided with a temporary monthly certification to

fill any caseload slot resulting from nonparticipation by

certified participants.

‘‘(D) A

PPROVALS

.—A certification period of more than 1

year established by a State under subparagraph (B) shall

be subject to the approval of the Secretary, who shall ap-

prove such a certification period on the condition that, with

respect to each participant receiving benefits under the com-

modity supplemental food program of the State, the local

agency in the State administering the commodity supple-

mental food program, on an annual basis during the cer-

tification period applicable to the participant—

170

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(i) verifies the address and continued interest of

the participant; and

‘‘(ii) has sufficient reason to determine that the

participant still meets the income eligibility standards

under paragraph (1), which may include a determina-

tion that the participant has a fixed income.’’.

SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NU-

TRITION PROJECTS.

Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981

(7 U.S.C. 1431e(a)(2)(A)) is amended by striking ‘‘2018’’ and insert-

ing ‘‘2023’’.

SEC. 4104. FOOD DONATION STANDARDS.

Section 203D of the Emergency Food Assistance Act of 1983 (7

U.S.C. 7507), as amended by section 4018(c), is amended by adding

at the end the following:

‘‘(f) F

OOD

ONATION

TANDARDS

.—

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) A

PPARENTLY WHOLESOME FOOD

.—The term ‘appar-

ently wholesome food’ has the meaning given the term in

section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C.

1791(b)).

‘‘(B) I

NSTITUTION OF HIGHER EDUCATION

.—The term

‘institution of higher education’ has the meaning given the

term in section 102 of the Higher Education Act of 1965 (20

U.S.C. 1002).

‘‘(C) Q

UALIFIED DIRECT DONOR

.—The term ‘qualified di-

rect donor’ means a retail food store, wholesaler, agricul-

tural producer, restaurant, caterer, school food authority, or

institution of higher education.

‘‘(2) G

UIDANCE

.—

‘‘(A) I

N GENERAL

.—Not later than 180 days after the

date of enactment of the Agriculture Improvement Act of

2018, the Secretary shall issue guidance to promote aware-

ness of donations of apparently wholesome food protected

under section 22(c) of the Child Nutrition Act of 1966 (42

U.S.C. 1791(c)) by qualified direct donors in compliance

with applicable State and local health, food safety, and

food handling laws (including regulations).

‘‘(B) I

SSUANCE

.—The Secretary shall encourage State

agencies and emergency feeding organizations to share the

guidance issued under subparagraph (A) with qualified di-

rect donors.’’.

Subtitle C—Miscellaneous

SEC. 4201. SENIORS FARMERS’ MARKET NUTRITION PROGRAM.

Section 4402(a) of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 3007(a)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 4202. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DIS-

TRIBUTION TO SCHOOLS AND SERVICE INSTITUTIONS.

Section 10603(b) of the Farm Security and Rural Investment

Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking ‘‘2018’’ and

inserting ‘‘2023’’.

171

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4203. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.

Section 4033(d)(1) of the Agricultural Act of 2014 (128 Stat.

818) is amended—

(1) by striking ‘‘and’’ the 1st place it appears,

(2) by inserting ‘‘, a State, a county or county equivalent,

a local educational agency, and an entity or person authorized

to facilitate the donation, storage, preparation, or serving of tra-

ditional food by the operator of a food service program’’ after

‘‘organization’’, and

(3) by inserting ‘‘storage, preparation, or’’ after ‘‘donation to

or’’.

SEC. 4204. HEALTHY FOOD FINANCING INITIATIVE.

Section 243 of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6953) is amended—

(1) in subsection (a), by inserting ‘‘and enterprises’’ after

‘‘retailers’’;

(2) in subsection (b)(3)(B)(iii), by inserting ‘‘and enterprises’’

after ‘‘retailers’’; and

(3) in subsection (c)(2)(B)(ii), by inserting ‘‘as applicable,’’

before ‘‘to accept’’.

SEC. 4205. THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.

(a) A

MENDMENT TO

ROGRAM

.—Section 4405 of the Food, Con-

servation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—

(1) by striking the heading and inserting ‘‘

THE GUS

SCHUMACHER NUTRITION INCENTIVE PROGRAM

’’,

(2) in subsection (a)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means a

governmental agency or nonprofit organization.’’,

(B) in paragraph (3) by striking ‘‘means the’’ and all

that follows through the period at the end, and inserting

the following:

‘‘means—

‘‘(A) the supplemental nutrition assistance program es-

tablished under the Food and Nutrition Act of 2008 (7

U.S.C. 2011 et seq.); and

‘‘(B) the programs for nutrition assistance under sec-

tion 19 of such Act (7 U.S.C. 2028).’’, and

‘‘(4) H

EALTHCARE PARTNER

.—The term ‘healthcare partner’

means a healthcare provider, including—

‘‘(A) a hospital;

‘‘(B) a Federally-qualified health center (as defined in

section 1905(l) of the Social Security Act (42 U.S.C.

1396d(l)));

‘‘(C) a hospital or clinic operated by the Secretary of

Veterans Affairs; or

‘‘(D) a healthcare provider group.

‘‘(5) M

EMBER

.—The term ‘member’ means, as determined by

the applicable eligible entity or healthcare partner carrying out

a project under subsection (c) in accordance with procedures es-

tablished by the Secretary—

‘‘(A) an individual eligible for—

172

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(i) benefits under the Food and Nutrition Act of

2008 (7 U.S.C. 2011 et seq.); or

‘‘(ii) medical assistance under a State plan or a

waiver of such a plan under title XIX of the Social Se-

curity Act (42 U.S.C. 1396 et seq.) and enrolled under

such plan or waiver; and

‘‘(B) a member of a low-income household that suffers

from, or is at risk of developing, a diet-related health condi-

tion.’’,

(3) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (B) by striking ‘‘The’’ and in-

serting ‘‘Except as provided in subparagraph (D)(iii),

the’’,

(ii) in subparagraph (C) by adding at the end the

following:

‘‘(iii) T

RIBAL AGENCIES

.—The Secretary may allow

a Tribal agency to use funds provided to the Indian

Tribe of the Tribal agency through a Federal agency

(including the Indian Health Service) or other Federal

benefit to satisfy all or part of the non-Federal share

described in clause (i) if such use is otherwise con-

sistent with the purpose of such funds.’’,

(iii) by redesignating subparagraphs (B) and (C)

as subparagraphs (C) and (D), and

(iv) by inserting after subparagraph (A) the fol-

lowing:

‘‘(B) P

ARTNERS AND COLLABORATORS

.—An eligible enti-

ty that receives a grant under this subsection may partner

with, or make subgrants to, public, private, nonprofit, or

for-profit entities, including—

‘‘(i) an emergency feeding organization;

‘‘(ii) an agricultural cooperative;

‘‘(iii) a producer network or association;

‘‘(iv) a community health organization;

‘‘(v) a public benefit corporation;

‘‘(vi) an economic development corporation;

‘‘(vii) a farmers’ market;

‘‘(viii) a community-supported agriculture pro-

gram;

‘‘(ix) a buying club;

‘‘(x) a retail food store participating in the supple-

mental nutrition assistance program;

‘‘(xi) a State, local, or tribal agency;

‘‘(xii) another eligible entity that receives a grant

under this subsection; and

‘‘(xiii) any other entity the Secretary designates.’’,

(B) in paragraph (2)—

(i) by amending subparagraph (A) to read as fol-

lows:

‘‘(A) I

N GENERAL

.—To receive a grant under this sub-

section, an eligible entity shall—

‘‘(i) meet the application criteria set forth by the

Secretary; and

‘‘(ii) propose a project that, at a minimum—

173

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(I) has the support of the State agency admin-

istering the supplemental nutrition assistance pro-

gram;

‘‘(II) would increase the purchase of fruits and

vegetables by low-income households participating

in the supplemental nutrition assistance program

by providing an incentive for the purchase of fruits

and vegetables at the point of purchase to a house-

hold purchasing food with supplemental nutrition

assistance program benefits;

‘‘(III) except in the case of projects receiving

$100,000 or less over 1 year, would measure the

purchase of fruits and vegetables by low-income

households participating in the supplemental nu-

trition assistance program;

‘‘(IV) ensures that the same terms and condi-

tions apply to purchases made by individuals with

benefits issued under the Food and Nutrition Act

of 2008 and incentives provided for in this sub-

section as apply to purchases made by individuals

who are not members of households receiving bene-

fits, such as provided for in section 278.2(b) of title

7, Code of Federal Regulations (or a successor reg-

ulation);

‘‘(V) has adequate plans to collect data for re-

porting and agrees to provide that information for

the report described in subsection (e)(2)(B)(iii); and

‘‘(VI) would share information with the Nutri-

tion Incentive Program Training, Technical Assist-

ance, Evaluation, and Information Centers estab-

lished under subsection (e).’’,

(ii) in subparagraph (B)—

(I) by striking clause (v),

(II) by redesignating clause (vi) as clause (x),

and

(III) by inserting after clause (iv) the fol-

lowing:

‘‘(v) include a project design—

‘‘(I) that provides incentives when fruits or

vegetables are purchased using supplemental nu-

trition assistance program benefits; and

‘‘(II) in which the incentives earned may be

used only to purchase fruits or vegetables;

‘‘(vi) have demonstrated the ability to provide serv-

ices to underserved communities;

‘‘(vii) include coordination with multiple stake-

holders, such as farm organizations, nutrition edu-

cation programs, cooperative extension services, public

health departments, health providers, private and pub-

lic health insurance agencies, cooperative grocers, gro-

cery associations, and community-based and non-

governmental organizations;

‘‘(viii) offer supplemental services in high-need

communities, including online ordering, transportation

between home and store, and delivery services;

174

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(ix) include food retailers that are open—

‘‘(I) for extended hours; and

‘‘(II) most or all days of the year; or’’, and

(4) in subsection (c)—

(A) in paragraph (1) by striking ‘‘subsection (b)

$5,000,000 for each of fiscal years 2014 through 2018’’ and

inserting ‘‘this section $5,000,000 for each of fiscal years

2014 through 2023’’, and

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘subsection (b)’’ and inserting ‘‘this section’’,

(ii) in subparagraph (B) by striking ‘‘and’’ at the

end,

(iii) in subparagraph (C) by striking the period at

the end and inserting a semicolon, and

(iv) by adding at the end the following:

‘‘(C) $45,000,000 for fiscal year 2019;

‘‘(D) $48,000,000 for fiscal year 2020;

‘‘(E) $48,000,000 for fiscal year 2021;

‘‘(F) $53,000,000 for fiscal year 2022; and

‘‘(G) $56,000,000 for fiscal year 2023 and each fiscal

year thereafter.

‘‘(3) U

SE OF FUNDS

.—With respect to funds made available

under this section for fiscal years 2019 through 2023—

‘‘(A) for each fiscal year the Secretary shall use not

more than 10 percent of such funds available for such fiscal

year for the produce prescription program described in sub-

section (c);

‘‘(B) for each fiscal year not more than 8 percent of

such funds available for such fiscal year shall be used by

the National Institute of Food and Agriculture and the

Food and Nutrition Service for administration; and

‘‘(C) the Secretary shall use for the Nutrition Incentive

Program Training, Technical Assistance, Evaluation, and

Information Centers established under subsection (e) not

more than—

‘‘(i) $17,000,000 in the aggregate for fiscal years

2019 and 2020; and

‘‘(ii) $7,000,000 for each of the fiscal years 2021

through 2023.’’,

(5) by redesignating subsection (c) as subsection (f), and

(6) by inserting after subsection (b) the following:

‘‘(c) P

RODUCE

RESCRIPTION

ROGRAM

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish a grant

program under which the Secretary shall award grants to eligi-

ble entities to conduct projects that demonstrate and evaluate

the impact of the projects on—

‘‘(A) the improvement of dietary health through in-

creased consumption of fruits and vegetables;

‘‘(B) the reduction of individual and household food in-

security; and

‘‘(C) the reduction in healthcare use and associated

costs.

175

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(2) H

EALTHCARE PARTNERS

.—In carrying out a project

using a grant received under paragraph (1), an eligible entity

shall partner with 1 or more healthcare partners.

‘‘(3) G

RANT APPLICATIONS

.—

‘‘(A) I

N GENERAL

.—To be eligible to receive a grant

under paragraph (1), an eligible entity—

‘‘(i) shall—

‘‘(I) prescribe fresh fruits and vegetables to

members;

‘‘(II) submit to the Secretary an application

containing such information as the Secretary may

require, including the information described in

subparagraph (B); and

‘‘(ii) may—

‘‘(I) provide financial or non-financial incen-

tives for members to purchase or procure fresh

fruits and vegetables;

‘‘(II) provide educational resources on nutri-

tion to members; and

‘‘(III) establish additional accessible locations

for members to procure fresh fruits and vegetables.

‘‘(B) A

PPLICATION

.—An application shall—

‘‘(i) identify the 1 or more healthcare partners with

which the eligible entity is partnering under paragraph

(2); and

‘‘(ii) include—

‘‘(I) a description of the methods by which an

eligible entity shall—

‘‘(aa) screen and verify eligibility for mem-

bers for participation in a produce prescription

project, in accordance with procedures estab-

lished under subsection (a)(5);

‘‘(bb) implement an effective produce pre-

scription project, including the role of each

healthcare partner in implementing the

produce prescription project;

‘‘(cc) evaluate members participating in a

produce prescription project with respect to the

matters described in subparagraphs (A)

through (C) of paragraph (1);

‘‘(dd) provide educational opportunities re-

lating to nutrition to members participating in

a produce prescription project; and

‘‘(ee) inform members of the availability of

the produce prescription project, including lo-

cations at which produce prescriptions may be

redeemed;

‘‘(II) a description of any additional nonprofit

or emergency feeding organizations that shall be

involved in the project and the role of each addi-

tional nonprofit or emergency feeding organization

in implementing and evaluating an effective

produce prescription project;

‘‘(III) documentation of a partnership agree-

ment with a relevant State Medicaid agency or

176

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

other appropriate entity, as determined by the Sec-

retary, to evaluate the effectiveness of the produce

prescription project in reducing healthcare use and

associated costs;

‘‘(IV) adequate plans to collect data for report-

ing and agreement to provide that information for

the report described in subsection (e)(2)(B)(iii); and

‘‘(V) agreement to share information with the

Nutrition Incentive Program Training, Technical

Assistance, Evaluation, and Information Centers

established under subsection (e).

‘‘(4) C

OORDINATION

.—In carrying out the grant program es-

tablished under paragraph (1), the Secretary shall coordinate

with the Secretary of Health and Human Services and the

heads of other appropriate Federal agencies that carry out ac-

tivities relating to healthcare partners.

‘‘(5) P

ARTNERSHIPS

.—

‘‘(A) I

N GENERAL

.—In carrying out the grant program

under paragraph (1), the Secretary may enter into 1 or

more memoranda of understanding with a Federal agency,

a State, or a private entity to ensure the effective implemen-

tation and evaluation of each project.

‘‘(B) M

EMORANDUM OF UNDERSTANDING

.—A memo-

randum of understanding entered into under subparagraph

(A) shall include—

‘‘(i) a description of a plan to provide educational

opportunities relating to nutrition to members partici-

pating in produce prescription projects;

‘‘(ii) a description of the role of the Federal agency,

State, or private entity, as applicable, in implementing

and evaluating an effective produce prescription

project; and

‘‘(iii) documentation of a partnership agreement

with a relevant State Medicaid agency or other appro-

priate entity, as determined by the Secretary.

‘‘(d) A

PPLICABILITY

.—

‘‘(1) I

N GENERAL

.—The value of any benefit provided to a

participant in any activity funded under subsections (b) or (c)

shall be treated as supplemental nutrition benefits under sec-

tion 8(b) of the Food and Nutrition Act of 2008 (7 U.S.C.

2017(b)).

‘‘(2) P

ROHIBITION ON COLLECTION OF SALES TAXES

.—Each

State shall ensure that no State or local tax is collected on a

purchase of food with assistance provided under subsections (b)

and (c).

‘‘(3) N

O LIMITATION ON BENEFITS

.—Grants made available

under subsections (b) and (c) shall not be used to carry out any

project that limits the use of benefits under the Food and Nutri-

tion Act of 2008 (7 U.S.C. 2011 et seq.) or any other Federal nu-

trition law.

‘‘(4) H

OUSEHOLD ALLOTMENT

.—Assistance provided under

subsections (b) and (c) to households receiving benefits under

the supplemental nutrition assistance program shall not—

‘‘(A) be considered part of the supplemental nutrition

assistance program benefits of the household; or

177

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(B) be used in the collection or disposition of claims

under section 13 of the Food and Nutrition Act of 2008 (7

U.S.C. 2022).

‘‘(e) N

UTRITION

NCENTIVE

ROGRAM

RAINING

, T

ECHNICAL

SISTANCE

, E

VALUATION

AND

NFORMATION

ENTERS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall—

‘‘(A) establish 1 or more Nutrition Incentive Program

Training, Technical Assistance, Evaluation, and Informa-

tion Centers, in consultation with the Director of the Na-

tional Institute of Food and Agriculture; and

‘‘(B) to the extent practicable, consult on the design and

scope of such Centers with grocers, farmers, health profes-

sionals, researchers, incentive program managers, and em-

ployees of the Department of Agriculture with direct experi-

ence with implementation of existing incentive programs or

projects.

‘‘(2) E

STABLISHMENT

.—The Centers shall be capable of pro-

viding services related to grants under subsections (b) and (c),

including—

‘‘(A) offering incentive program training and technical

assistance to applicants and grantees to the extent prac-

ticable, including—

‘‘(i) collecting and providing information on best

practices that may include communications, signage,

record-keeping, incentive instruments, development and

integration of point of sale systems, and reporting;

‘‘(ii) disseminating information and assisting with

collaboration among grantee projects, applicable State

agencies, and nutrition education programs;

‘‘(iii) facilitating communication between grantees

and the Department of Agriculture and applicable

State agencies; and

‘‘(iv) providing support for the development of best

practices for produce prescription projects and the

sharing of information among eligible entities and

healthcare providers that participate in a produce pre-

scription project under subsection (c); and

‘‘(v) other services identified by the Secretary; and

‘‘(B) creating a system to collect and compile core data

sets from eligible entities that—

‘‘(i) uses standard metrics with consideration of

outcome measures for existing projects;

‘‘(ii) includes to the extent practicable grocers,

farmers, health professionals, researchers, incentive

program managers, and employees of the Department

of Agriculture with direct experience with implementa-

tion of existing incentive programs in the design of the

instrument through which data will be collected and

the mechanism for reporting;

‘‘(iii) compiles project data from grantees, and be-

ginning in fiscal year 2020 generates an annual report

to Congress on grant outcomes, including—

‘‘(I) the results of the project; and

‘‘(II) the amount of grant funds used for the

project; and

178

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

‘‘(iv) creates and maintains a publicly accessible

online site that makes annual reports and incentive

program information available in an anonymized for-

mat that protects confidential, personal, or other sen-

sitive data.

‘‘(3) C

OOPERATIVE AGREEMENT

.—

‘‘(A) I

N GENERAL

.—To carry out paragraph (1), the Sec-

retary may, on a competitive basis, enter into 1 or more co-

operative agreements with 1 or more organizations with ex-

pertise in developing outcome-based reporting, at least 1 of

which has expertise in the food insecurity nutrition incen-

tive program and at least 1 of which has expertise in

produce prescription projects.

‘‘(B) I

NCLUSION

.—The organizations referred to in sub-

paragraph (A) may include—

‘‘(i) nongovernmental organizations;

‘‘(ii) State cooperative extension services;

‘‘(iii) regional food system centers;

‘‘(iv) Federal, State, or Tribal agencies;

‘‘(v) institutions of higher education (as defined in

section 101(a) of the Higher Education Act of 1965 (20

U.S.C. 1001(a))); or

‘‘(vi) other appropriate entities as determined by

the Secretary.’’.

(b) C

ONFORMING

MENDMENT

.—The table of contents of the

Food, Conservation, and Energy Act of 2008 (Public Law 113–188)

is amended by striking the item relating to section 4405 and insert-

ing the following:

‘‘Sec. 4405. The Gus Schumacher nutrition incentive program.’’.

SEC. 4206. MICRO-GRANTS FOR FOOD SECURITY.

(a) P

URPOSE

.—The purpose of this section is to increase the

quantity and quality of locally grown food through small-scale gar-

dening, herding, and livestock operations in food insecure commu-

nities in areas of the United States that have significant levels of

food insecurity and import a significant quantity of food.

(b) D

EFINITIONS

.—In this section:

(1) E

LIGIBLE ENTITY

.—The term ‘‘eligible entity’’ means an

entity that—

(A) is—

(i) an individual;

(ii) an Indian tribe or tribal organization, as de-

fined in section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 5304);

(iii) a nonprofit organization engaged in increasing

food security, as determined by the Secretary, includ-

ing—

(I) a religious organization;

(II) a food bank; or

(III) a food pantry;

(iv) a federally funded educational facility, includ-

ing—

(I) a Head Start program or an Early Head

Start program carried out under the Head Start

Act (42 U.S.C. 9831 et seq.);

179

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(II) a public elementary school or public sec-

ondary school;

(III) a public institution of higher education

(as defined in section 101 of the Higher Education

Act of 1965 (20 U.S.C. 1001));

(IV) a Tribal College or University (as defined

in section 316(b) of the Higher Education Act of

1965 (20 U.S.C. 1059c(b))); or

(V) a job training program; or

(v) a local or Tribal government that may not levy

local taxes under State or Federal law; and

(B) is located in an eligible State.

(2) E

LIGIBLE STATE

.—The term ‘‘eligible State’’ means—

(A) the State of Alaska;

(B) the State of Hawaii;

(D) the Commonwealth of the Northern Mariana Is-

lands;

(E) the Commonwealth of Puerto Rico;

(F) the Federated States of Micronesia;

(G) Guam;

(H) the Republic of the Marshall Islands;

(I) the Republic of Palau; and

(J) the United States Virgin Islands.

STABLISHMENT

.—The Secretary shall distribute funds to

the agricultural department or agency of each eligible State for the

competitive distribution of subgrants to eligible entities to increase

the quantity and quality of locally grown food in food insecure com-

munities, including through small-scale gardening, herding, and

livestock operations.

(d) D

ISTRIBUTION OF

UNDS

.—

(1) I

N GENERAL

.—Of the amount made available under sub-

section (g), the Secretary shall distribute—

(A) 40 percent to the State of Alaska;

(B) 40 percent to the State of Hawaii; and

of subparagraphs (C) through (J) of subsection (b)(2).

(2) C

ARRYOVER OF FUNDS

.—Funds distributed under para-

graph (1) shall remain available until expended.

(3) A

DMINISTRATIVE FUNDS

.—An eligible State that receives

funds under paragraph (1) may use not more than 3 percent of

those funds—

(A) to administer the competition for providing sub-

grants to eligible entities in that eligible State;

(B) to provide oversight of the subgrant recipients in

that eligible State; and

under subsection (f)(2).

(e) S

UBGRANTS TO

LIGIBLE

NTITIES

.—

(1) A

MOUNT OF SUBGRANTS

.—

(A) I

N GENERAL

.—The amount of a subgrant to an eli-

gible entity under this section shall be—

(i) in the case of an eligible entity that is an indi-

vidual, not greater than $5,000 per year; and

180

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(ii) in the case of an eligible entity described in any

of clauses (ii) through (v) of subsection (b)(1)(A), not

greater than $10,000 per year.

(B) M

ATCHING REQUIREMENT

.—As a condition of re-

ceiving a subgrant under this section, an eligible entity

shall provide funds equal to 10 percent of the amount re-

ceived by the eligible entity under the subgrant, to be de-

rived from non-Federal sources. A State may waive the

matching requirement for an individual who otherwise

meets the requirements to receive a subgrant by the eligible

State.

ROJECT PERIOD

.—Funds received by an eligible

entity that is awarded a subgrant under this section shall

remain available for expenditure not later than 3 years

after the date the funds are received.

(2) P

RIORITY

.—In carrying out the competitive distribution

of subgrants under subsection (c), an eligible State may give

priority to an eligible entity that—

(A) has not previously received a subgrant under this

section; or

(B) is located in a community or region in that eligible

State with the highest degree of food insecurity, as deter-

mined by the agricultural department or agency of the eli-

gible State.

(3) P

ROJECTS

.—An eligible State may provide subgrants to

2 or more eligible entities to carry out the same project.

(4) U

SE OF SUBGRANT FUNDS BY ELIGIBLE ENTITIES

.—An el-

igible entity that receives a subgrant under this section shall

use the funds to engage in activities that will increase the quan-

tity and quality of locally grown food for food insecure individ-

uals, families, neighborhoods, and communities, including by—

(A) purchasing gardening tools or equipment, soil, soil

amendments, seeds, plants, animals, canning equipment,

refrigeration, or other items necessary to grow and store

food;

(B) purchasing or building composting units;

leafy green vegetables;

(D) expanding an area under cultivation or engaging

in other activities necessary to be eligible to receive funding

under the environmental quality incentives program estab-

lished under chapter 4 of subtitle D of title XII of the Food

Security Act of 1985 (16 U.S.C. 3839aa et seq.) for a high

tunnel;

(E) engaging in an activity that extends the growing

season;

(F) starting or expanding hydroponic and aeroponic

farming of any scale;

(G) building, buying, erecting, or repairing fencing for

livestock, poultry, or reindeer;

(H) purchasing and equipping a slaughter and proc-

essing facility approved by the Secretary;

(I) traveling to participate in agricultural education

provided by—

(i) a State cooperative extension service;

181

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

(ii) a land-grant college or university (as defined in

section 1404 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C.

3103));

(iii) a Tribal College or University (as defined in

section 316(b) of the Higher Education Act of 1965 (20

U.S.C. 1059c(b)));

(iv) an Alaska Native-serving institution or a Na-

tive Hawaiian-serving institution (as such terms are

defined in section 317(b) of the Higher Education Act

of 1965 (20 U.S.C. 1059d(b))); or

(v) a Federal or State agency;

(J) paying for shipping of purchased items relating to

growing or raising food for local consumption or purchase;

(K) creating or expanding avenues for—

(i) the sale of food commodities, specialty crops,

and meats that are grown by the eligible entity for sale

in the local community; or

(ii) increasing the availability of fresh, locally

grown, and nutritious food; and

(L) engaging in other activities relating to increasing

food security (including subsistence), as determined by the

Secretary.

(5) E

LIGIBILITY FOR OTHER FINANCIAL ASSISTANCE

.—An eli-

gible entity shall not be ineligible to receive financial assistance

under another program administered by the Secretary as a re-

sult of receiving a subgrant under this section.

(f) R

EPORTING

EQUIREMENT

.—

(1) S

UBGRANT RECIPIENTS

.—As a condition of receiving a

subgrant under this section, an eligible entity shall agree to

submit to the eligible State in which the eligible entity is lo-

cated a report—

(A) not later than 60 days after the end of the project

funded by the subgrant; and

(B) that describes the use of the subgrants by eligible

entities, the quantity of food grown through small-scale

gardening, herding, and livestock operations, and the num-

ber of food insecure individuals fed as a result of the

subgrant.

(2) R

EPORT TO THE SECRETARY

.—Not later than 120 days

after the date on which an eligible State receives a report from

each eligible entity in that State under paragraph (1), the eligi-

ble State shall submit to the Secretary a report that describes,

in the aggregate, the information and data contained in the re-

ports received from those eligible entities.

(g) F

UNDING

.—

(1) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to the Secretary to carry out this section

$10,000,000 for fiscal year 2019 and each fiscal year thereafter,

to remain available until expended.

(2) A

PPROPRIATIONS IN ADVANCE

.—Only funds appropriated

under paragraph (1) in advance specifically to carry out this

section shall be available to carry out this section.

182

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

SEC. 4207. BUY AMERICAN REQUIREMENTS.

(a) E

NFORCEMENT

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Agriculture shall—

(1) enforce full compliance with the requirements of section

12(n) of the Richard B. Russell National School Lunch Act (42

U.S.C. 1760(n)) for purchases of agricultural commodities, in-

cluding fish, meats, vegetables, and fruits, and the products

thereof, and

(2) ensure that States and school food authorities fully un-

derstand their responsibilities under such Act.

(b) R

EQUIREMENT

.—The products of the agricultural commod-

ities described in subsection (a)(1) shall be processed in the United

States and substantially contain—

(1) meats, vegetables, fruits, and other agricultural com-

modities produced in—

(A) a State,

(B) the District of Columbia,

(D) any territory or possession of the United States, or

(2) fish harvested—

(A) within the Exclusive Economic Zone of the United

States, as described in Presidential Proclamation 5030 (48

Fed. Reg. 10605; March 10, 1983), or

(B) by a United States flagged vessel.

EPORT

.—Not later than 180 days after the date of the en-

actment of this Act, the Secretary shall submit to Congress a report

on the actions the Secretary has taken, and plans to take, to comply

with this section.

SEC. 4208. HEALTHY FLUID MILK INCENTIVES PROJECTS.

(a) D

EFINITION OF

LUID

ILK

.—In this section the term ‘‘fluid

milk’’ means all varieties of pasteurized cow’s milk that—

(1) is without flavoring or sweeteners,

(2) is consistent with the most recent dietary recommenda-

tions,

(3) is packaged in liquid form, and

(4) contains vitamins A and D at levels consistent with the

Food and Drug Administration, State, and local standards for

fluid milk.

(b) P

ROJECTS

.—The Secretary of Agriculture shall carry out,

under such terms and conditions as the Secretary considers to be

appropriate, healthy fluid milk incentive projects to develop and test

methods to increase the purchase and consumption of fluid milk by

members of households that receive supplemental nutrition assist-

ance program benefits by providing an incentive for the purchase of

fluid milk at the point of purchase to members of households pur-

chasing food with supplemental nutrition assistance program bene-

fits.

RANTS OR

OOPERATIVE

GREEMENTS

.—

(1) I

N GENERAL

.—To carry out this section, the Secretary,

on a competitive basis, shall enter into cooperative agreements

with, or provide grants to, governmental entities or nonprofit

organizations for projects that meet the purpose and selection

criteria specified in this subsection.

(2) A

PPLICATION

.—To be eligible to enter into a cooperative

agreement or receive a grant under this subsection, a govern-

183

O:\RYA\RYA18A06.xml [file 5 of 13] S.L.C.

ment entity or nonprofit organization shall submit to the Sec-

retary an application containing such information as the Sec-

retary may require.

(3) S

ELECTION CRITERIA

.—Projects proposed in applications

shall be evaluated against publicly disseminated criteria that

shall incorporate a scientifically based strategy that is designed

to improve diet quality and nutritional outcomes through the

increased purchase of fluid milk by members of households that

participate in the supplemental nutrition assistance program.

(4) U

SE OF FUNDS

.—Funds made available to carry out this

section shall not be used for any project that limits the use of

benefits provided under the Food and Nutrition Act of 2008.

(d) E

VALUATION AND

EPORTING

.—

(1) E

VALUATION

.—

(A) I

NDEPENDENT EVALUATION

.—

(i) I

N GENERAL

.—The Secretary shall provide for

an independent evaluation of projects selected under

this section that measures, to the maximum extent

practicable, the impact on health and nutrition.

(ii) R

EQUIREMENT

.—The independent evaluation

under this subparagraph shall use rigorous methodolo-

gies, particularly random assignment or other methods

that are capable of producing scientifically valid infor-

mation regarding which activities are effective.

(B) C

OSTS

.—The Secretary may use funds not to exceed

7 percent of the funding provided to carry out this section

to pay costs associated with evaluating the outcomes of the

healthy fluid milk incentive projects.

(2) R

EPORTING

.—Not later than December 31 of 2020, and

biennially thereafter, the Secretary shall submit to the Com-

mittee on Agriculture of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate

a report that includes a description of—

(A) the status of each healthy fluid milk incentives

project, and

(B) the results of any completed evaluation that—

(i) include, to the maximum extent practicable, the

impact of the healthy fluid milk incentive projects on

health and nutrition outcomes among households par-

ticipating in such projects, and

(ii) have not been submitted in a previous report

under this paragraph.

(3) P

UBLIC DISSEMINATION

.—In addition to the reporting

requirements under paragraph (2), evaluation results shall be

shared publicly to promote wide use of successful strategies.

(e) F

UNDING

.—

(1) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated $20,000,000 to carry out and evaluate

the outcomes of projects under this section, to remain available

until expended.

(2) A

PPROPRIATIONS IN ADVANCE

.—Only funds appropriated

under paragraph (1) in advance specifically to carry out this

section shall be available to carry out this section.

184

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

TITLE V—CREDIT

Subtitle A—Farm Ownership Loans

SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY

REQUIREMENT FOR FARM OWNERSHIP LOANS.

Section 302(b) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1922(b)) is amended by adding at the end the

following:

‘‘(4) W

AIVER AUTHORITY

.—In the case of a qualified begin-

ning farmer or rancher, the Secretary may—

‘‘(A) reduce the 3-year requirement in paragraph (1) to

1 or 2 years, if the farmer or rancher has—

‘‘(i) not less than 16 credit hours of post-secondary

education in a field related to agriculture;

‘‘(ii) successfully completed a farm management

curriculum offered by a cooperative extension service, a

community college, an adult vocational agriculture pro-

gram, a nonprofit organization, or a land-grant college

or university;

‘‘(iii) at least 1 year of experience as hired farm

labor with substantial management responsibilities;

‘‘(iv) successfully completed a farm mentorship, ap-

prenticeship, or internship program with an emphasis

on management requirements and day-to-day farm

management decisions;

‘‘(v) significant business management experience;

‘‘(vi) been honorably discharged from the armed

forces of the United States;

‘‘(vii) successfully repaid a youth loan made under

section 311(b); or

‘‘(viii) an established relationship with an indi-

vidual who has experience in farming or ranching, or

is a retired farmer or rancher, and is participating as

a counselor in a Service Corps of Retired Executives

program authorized under section 8(b)(1)(B) of the

Small Business Act (15 U.S.C. 637(b)(1)(B)), or with a

local farm or ranch operator or organization, approved

by the Secretary, that is committed to mentoring the

farmer or rancher; or

‘‘(B) waive the 3-year requirement in paragraph (1) if

the farmer or rancher meets the requirements of clauses

(iii) and (viii) of subparagraph (A).’’.

SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

Section 304(h) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1924(h)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.

Section 305 of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1925) is amended—

(1) in subsection (a)(2)—

(A) by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’;

185

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’;

and

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘August’’ and insert-

ing ‘‘July’’; and

(B) in paragraph (2), by striking ‘‘ending on August 31,

1996’’ and inserting ‘‘that immediately precedes the 12-

month period described in paragraph (1)’’.

SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUC-

CESSION ON FARMLAND.

Subtitle A of title III of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1922 et seq.) is amended by adding at the

end the following:

‘‘SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUC-

CESSION ON FARMLAND.

‘‘(a) I

ENERAL

.—The Secretary may make loans to eligible en-

tities described in subsection (b) so that the eligible entities may

relend the funds to individuals and entities for the purposes de-

scribed in subsection (c).

‘‘(b) E

LIGIBLE

NTITIES

.—Entities eligible for loans described in

subsection (a) are cooperatives, credit unions, and nonprofit organi-

zations with—

‘‘(1) certification under section 1805.201 of title 12, Code of

Federal Regulations (or successor regulations), to operate as a

lender;

‘‘(2) experience assisting socially disadvantaged farmers

and ranchers (as defined in subsection (a) of section 2501 of the

Food, Agriculture, Conservation, and Trade Act of 1990 (7

U.S.C. 2279)) or limited resource or new and beginning farmers

and ranchers, rural businesses, cooperatives, or credit unions,

including experience in making and servicing agricultural and

commercial loans; and

‘‘(3) the ability to provide adequate assurance of the repay-

ment of a loan.

‘‘(c) E

LIGIBLE

URPOSES

.—The proceeds from loans made by the

Secretary pursuant to subsection (a) shall be re-lent by eligible enti-

ties for projects that assist heirs with undivided ownership interests

to resolve ownership and succession on farmland that has multiple

owners.

‘‘(d) P

REFERENCE

.—In making loans under subsection (a), the

Secretary shall give preference to eligible entities—

‘‘(1) with not less than 10 years of experience serving so-

cially disadvantaged farmers and ranchers; and

‘‘(2) in States that have adopted a statute consisting of an

enactment or adoption of the Uniform Partition of Heirs Prop-

erty Act, as approved and recommended for enactment in all

States by the National Conference of Commissioners on Uni-

form State Laws in 2010, that relend to owners of heirs prop-

erty (as defined in that Act).

‘‘(e) L

OAN

ERMS AND

ONDITIONS

.—The following terms and

conditions shall apply to loans made under this section:

‘‘(1) The interest rate at which intermediaries may borrow

funds under this section shall be determined by the Secretary.

186

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(2) The rates, terms, and payment structure for borrowers

to which intermediaries lend shall be—

‘‘(A) determined by the intermediary in an amount suf-

ficient to cover the cost of operating and sustaining the re-

volving loan fund; and

‘‘(B) clearly and publicly disclosed to qualified ultimate

borrowers.

‘‘(3) Borrowers to which intermediaries lend shall be—

‘‘(A) required to complete a succession plan as a condi-

tion of the loan; and

‘‘(B) be offered the opportunity to borrow sufficient

funds to cover costs associated with the succession plan

under subparagraph (A) and other associated legal and

closing costs.

‘‘(f) R

EPORT

.—Not later than 1 year after the date of enactment

of this section, the Secretary shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report describing

the operation and outcomes of the program under this section, with

recommendations on how to strengthen the program.

‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $10,000,000 for each of

fiscal years 2019 through 2023.’’.

Subtitle B—Operating Loans

SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.

Section 313 of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1943) is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘$300,000’’ and inserting ‘‘$400,000’’;

(B) by striking ‘‘$700,000’’ and inserting ‘‘$1,750,000’’;

and

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘August’’ and insert-

ing ‘‘July’’; and

(B) in paragraph (2), by striking ‘‘ending on August 31,

1996’’ and inserting ‘‘that immediately precedes the 12-

month period described in paragraph (1)’’.

SEC. 5202. MICROLOANS.

Section 313(c)(2) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1943(c)(2)) is amended by striking ‘‘title’’ and in-

serting ‘‘subsection’’.

SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS.

Section 313(c)(4)(A) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

187

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

Subtitle C—Administrative Provisions

SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOP-

MENT ACCOUNTS PILOT PROGRAM.

Section 333B(h) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1983b(h)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 5302. LOAN AUTHORIZATION LEVELS.

Section 346(b)(1) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1994(b)(1)) is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘$4,226,000,000 for each of fiscal years 2008 through 2018’’ and

inserting ‘‘$10,000,000,000 for each of fiscal years 2019 through

2023’’; and

(2) by striking subparagraphs (A) and (B) and inserting the

following:

‘‘(A) $3,000,000,000 shall be for direct loans, of

which—

‘‘(i) $1,500,000,000 shall be for farm ownership

loans under subtitle A; and

‘‘(ii) $1,500,000,000 shall be for operating loans

under subtitle B; and

‘‘(B) $7,000,000,000 shall be for guaranteed loans, of

which—

‘‘(i) $3,500,000,000 shall be for farm ownership

loans under subtitle A; and

‘‘(ii) $3,500,000,000 shall be for operating loans

under subtitle B.’’.

SEC. 5303. LOAN FUND SET-ASIDES.

Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 5304. USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING

MICROLOANS UNDER CERTAIN CONDITIONS.

Section 346(b) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1994(b)) is amended by adding at the end the

following:

‘‘(5) U

SE OF ADDITIONAL FUNDS FOR DIRECT OPERATING

MICROLOANS UNDER CERTAIN CONDITIONS

.—

‘‘(A) I

N GENERAL

.—If the Secretary determines that the

amount needed for a fiscal year for direct operating loans

(including microloans) under subtitle B is greater than the

aggregate principal amount authorized for that fiscal year

by this Act, an appropriations Act, or any other provision

of law, the Secretary shall make additional microloans

under subtitle B using amounts made available under sub-

paragraph (C).

‘‘(B) N

OTICE

.—Not later than 15 days before the date

on which the Secretary uses the authority under subpara-

graph (A), the Secretary shall submit a notice of the use of

that authority to—

‘‘(i) the Committee on Appropriations of the House

of Representatives;

188

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(ii) the Committee on Appropriations of the Sen-

ate;

‘‘(iii) the Committee on Agriculture of the House of

Representatives; and

‘‘(iv) the Committee on Agriculture, Nutrition, and

Forestry of the Senate.

‘‘(C) A

UTHORIZATION OF APPROPRIATIONS

.—There is au-

thorized to be appropriated to carry out this paragraph

$5,000,000 for each of fiscal years 2019 through 2023.’’.

SEC. 5305. EQUITABLE RELIEF.

The Consolidated Farm and Rural Development Act is amend-

ed by inserting after section 365 (7 U.S.C. 2008) the following:

‘‘SEC. 366. EQUITABLE RELIEF.

‘‘(a) I

ENERAL

.—Subject to subsection (b), the Secretary may

provide a form of relief described in subsection (c) to any farmer or

rancher who—

‘‘(1) received a direct farm ownership, operating, or emer-

gency loan under this title; and

‘‘(2) the Secretary determines is not in compliance with the

requirements of this title with respect to the loan.

‘‘(b) L

IMITATION

.—The Secretary may only provide relief to a

farmer or rancher under subsection (a) if the Secretary determines

that the farmer or rancher—

‘‘(1) acted in good faith; and

‘‘(2) relied on an action of, or the advice of, the Secretary

(including any authorized representative of the Secretary) to the

detriment of the farming or ranching operation of the farmer or

rancher.

‘‘(c) F

ORMS OF

ELIEF

.—The Secretary may provide to a farmer

or rancher under subsection (a) any of the following forms of relief:

‘‘(1) The farmer or rancher may retain loans or other bene-

fits received in association with the loan with respect to which

the farmer or rancher was determined to be noncompliant

under subsection (a)(2).

‘‘(2) The farmer or rancher may receive such other equitable

relief as the Secretary determines to be appropriate.

‘‘(d) C

ONDITION

.—As a condition of receiving relief under this

section, the Secretary may require the farmer or rancher to take ac-

tions designed to remedy the noncompliance.

‘‘(e) A

DMINISTRATIVE

PPEAL

; J

UDICIAL

EVIEW

.—A determina-

tion or action of the Secretary under this section—

‘‘(1) shall be final; and

‘‘(2) shall not be subject to administrative appeal or judicial

review under chapter 7 of title 5, United States Code.’’.

SEC. 5306. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;

QUALIFIED BEGINNING FARMERS AND RANCHERS.

The Consolidated Farm and Rural Development Act is amend-

ed by inserting after section 366 (as added by section 5305) the fol-

lowing:

‘‘SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;

QUALIFIED BEGINNING FARMERS AND RANCHERS.

‘‘In the case of a loan guaranteed by the Secretary under sub-

title A or B to a socially disadvantaged farmer or rancher (as de-

fined in section 355(e)) or a qualified beginning farmer or rancher,

189

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

the Secretary may provide for a standard guarantee plan, which

shall cover an amount equal to 95 percent of the outstanding prin-

cipal of the loan.’’.

SEC. 5307. EMERGENCY LOAN ELIGIBILITY.

Section 373(b)(2)(B) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 2008h(b)(2)(B)) is amended—

(1) by redesignating clauses (i) and (ii) as subclauses (I)

and (II), respectively, and indenting appropriately;

(2) in the matter preceding subclause (I) (as so redesig-

nated), by striking ‘‘The Secretary’’ and inserting the following:

‘‘(i) I

N GENERAL

.—The Secretary’’; and

(3) by adding at the end the following:

‘‘(ii) R

ESTRUCTURED LOANS

.—For purposes of

clause (i), a borrower who was restructured with a

write-down or restructuring under section 353 shall not

be considered to have received debt forgiveness on a

loan made or guaranteed under this title.’’.

Subtitle D—Miscellaneous

SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM

AND RURAL DEVELOPMENT ACT.

(a)(1) Section 321(a) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1961(a)) is amended in the second sentence

by striking ‘‘and limited liability companies’’ and inserting ‘‘limited

liability companies, and such other legal entities’’.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 5201(2)(C) of the Agricultural

Act of 2014 (Public Law 113–79) in lieu of the amendment made by

such section.

(b)(1) Section 331D(e) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1981d(e)) is amended by inserting after

‘‘within 60 days after receipt of the notice required in this section’’

the following: ‘‘or, in extraordinary circumstances as determined by

the applicable State director, after the 60-day period’’.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 10 of the Agricultural Credit

Improvement Act of 1992 (Public Law 102–554).

(c)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking

‘‘114’’ and inserting ‘‘339’’.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 14 of the Agricultural Credit

Improvement Act of 1992 (Public Law 102–554).

(d) Section 339(d)(3) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C.1989(d)(3)) is amended by striking ‘‘pre-

ferred certified lender’’ and inserting ‘‘Preferred Certified Lender’’.

(e)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking

‘‘or joint operators’’ and inserting ‘‘joint operator, or owners’’.

(2) The amendment made by this subsection shall take effect as

of the effective date of section 5303(a)(2) of the Agricultural Act of

2014 (Public Law 113–79).

190

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(f)(1) Section 343(b) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1991(b)) is amended by striking ‘‘307(e)’’ and

inserting ‘‘307(d)’’.

(2) The amendment made by paragraph (1) shall take effect as

of the date of enactment of the Agricultural Act of 2014 (Public Law

113–79).

(g) Section 346(a) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C.1994(a)) is amended by striking the last comma.

SEC. 5402. STATE AGRICULTURAL MEDIATION PROGRAMS.

(a) I

SSUES

OVERED BY

TATE

EDIATION

ROGRAMS

.—Section

501(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c)) is

amended—

(1) in paragraph (1)—

(A) in subparagraph (B)—

(i) in the matter preceding clause (i), by striking

‘‘under the jurisdiction of the Department of Agri-

culture’’;

(ii) in clause (ii), by inserting ‘‘and the national or-

ganic program established under the Organic Foods

Production Act of 1990 (7 U.S.C. 6501 et seq.)’’ before

the period at the end; and

(iii) by striking clause (vii) and inserting the fol-

lowing:

‘‘(vii) Lease issues, including land leases and

equipment leases.

‘‘(viii) Family farm transition.

‘‘(ix) Farmer-neighbor disputes.

‘‘(x) Such other issues as the Secretary or the head

of the department of agriculture of each participating

State considers appropriate for better serving the agri-

cultural community and persons eligible for medi-

ation.’’; and

(B) by adding at the end the following:

‘‘(C) M

EDIATION SERVICES

.—Funding provided for the

mediation program of a qualifying State may also be used

to provide credit counseling to persons described in para-

graph (2)—

‘‘(i) prior to the initiation of any mediation involv-

ing the Department of Agriculture; or

‘‘(ii) unrelated to any ongoing dispute or mediation

in which the Department of Agriculture is a party.’’;

(2) in paragraph (2)(A)—

(A) in clause (ii), by striking ‘‘and’’ after the semicolon;

(B) in clause (iii), by striking the period at the end and

inserting ‘‘; and’’; and

‘‘(iv) any other persons involved in an issue for

which mediation services are provided by a mediation

program described in paragraph (1)(B).’’; and

(3) in paragraph (3)(F), by striking ‘‘that persons’’ and in-

serting the following: ‘‘that—

‘‘(i) the Department of Agriculture receives ade-

quate notification of those issues; and

‘‘(ii) persons’’.

191

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(b) R

EPORT

EQUIRED

.—Section 505 of the Agricultural Credit

Act of 1987 (7 U.S.C. 5105) is amended to read as follows:

‘‘SEC. 505. REPORT.

‘‘Not later than 2 years after the date of enactment of the Agri-

culture Improvement Act of 2018, the Secretary shall submit to Con-

gress a report describing—

‘‘(1) the effectiveness of the State mediation programs re-

ceiving matching grants under this subtitle;

‘‘(2) recommendations for improving the delivery of medi-

ation services to producers;

‘‘(3) the steps being taken to ensure that State mediation

programs receive timely funding under this subtitle; and

‘‘(4) the savings to the States as a result of having a medi-

ation program.’’.

UTHORIZATION OF

PPROPRIATIONS

.—Section 506 of the Ag-

ricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

SEC. 5403. COMPENSATION OF BANK DIRECTORS.

Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209)

is repealed.

SEC. 5404. SHARING OF PRIVILEGED AND CONFIDENTIAL INFORMA-

TION.

Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254)

is amended by adding at the end the following:

‘‘(e) S

HARING OF

RIVILEGED AND

ONFIDENTIAL

NFORMA

TION

.—A System institution shall not be considered to have waived

the confidentiality of a privileged communication with an attorney

or an accountant if the System institution provides the content of

the communication to the Farm Credit Administration pursuant to

the supervisory or regulatory authorities of the Farm Credit Admin-

istration.’’.

SEC. 5405. 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:

‘‘SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT ADMIN-

ISTRATION.

‘‘(a) The Farm Credit Administration shall maintain its prin-

cipal office within the Washington D.C.-Maryland-Virginia stand-

ard metropolitan statistical area, and such other offices within the

United States as in its judgment are necessary.

‘‘(b) As an alternate’’.

SEC. 5406. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE

PROHIBITION.

Part C of title V of the Farm Credit Act of 1971 is amended by

inserting after section 5.29 (12 U.S.C. 2265) the following:

‘‘SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-

WIDE PROHIBITION.

‘‘(a) D

EFINITION OF

ERSON

.—In this section, the term ‘person’

means—

‘‘(1) an individual; and

‘‘(2) in the case of a specific determination by the Farm

Credit Administration, a legal entity.

192

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(b) I

NDUSTRY

WIDE

ROHIBITION

.—Except as provided in sub-

section (c), any person who, pursuant to an order issued under sec-

tion 5.28 or 5.29, has been removed or suspended from office at a

System institution or prohibited from participating in the conduct

of the affairs of a System institution shall not, during the period of

effectiveness of the order, continue or commence to hold any office

in, or participate in any manner in the conduct of the affairs of—

‘‘(1) any insured depository institution subject to section

8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.

1818(e)(7)(A)(i));

‘‘(2) any institution subject to section 8(e)(7)(A)(ii) of the

Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(ii));

‘‘(3) any insured credit union under the Federal Credit

Union Act (12 U.S.C. 1751 et seq.);

‘‘(4) any Federal home loan bank;

‘‘(5) any institution chartered under this Act;

‘‘(6) any appropriate Federal financial institutions regu-

latory agency (as defined in section 8(e)(7)(D) of the Federal De-

posit Insurance Act (12 U.S.C. 1818(e)(7)(D)));

‘‘(7) the Federal Housing Finance Agency; or

‘‘(8) the Farm Credit Administration.

‘‘(c) E

XCEPTION FOR

NSTITUTION

AFFILIATED

ARTY

HAT

CEIVES

RITTEN

ONSENT

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) A

FFILIATED PARTIES

.—If, on or after the date on

which an order described in subsection (b) is issued that re-

moves or suspends an institution-affiliated party from office

at a System institution or prohibits an institution-affiliated

party from participating in the conduct of the affairs of a

System institution, that party receives written consent de-

scribed in subparagraph (B), subsection (b) shall not apply

to that party—

‘‘(i) to the extent provided in the written consent re-

ceived; and

‘‘(ii) with respect to the institution described in

each written consent.

‘‘(B) W

RITTEN CONSENT DESCRIBED

.—The written con-

sent referred to in subparagraph (A) is written consent re-

ceived from—

‘‘(i) the Farm Credit Administration; and

‘‘(ii) each appropriate Federal financial institutions

regulatory agency (as defined in section 8(e)(7)(D) of

the Federal Deposit Insurance Act (12 U.S.C.

1818(e)(7)(D))) of the applicable institution described in

any of paragraphs (1), (2), (3), or (4) of subsection (b)

with respect to which the party proposes to be become

an affiliated party.

‘‘(2) D

ISCLOSURE

.—Any agency described in clause (i) or (ii)

of paragraph (1)(B) that provides a written consent under that

paragraph shall—

‘‘(A) report the action to the Farm Credit Administra-

tion; and

‘‘(B) publicly disclose the action.

‘‘(3) C

ONSULTATION BETWEEN AGENCIES

.—The agencies de-

scribed in clauses (i) and (ii) of paragraph (1)(B) shall consult

193

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

with each other before providing any written consent under that

paragraph.

‘‘(d) V

IOLATIONS

.—A violation of subsection (b) by any person

who is subject to an order described in that subsection shall be

treated as violation of that order.’’.

SEC. 5407. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.

Part C of title V of the Farm Credit Act of 1971 is amended by

inserting after section 5.31 (12 U.S.C. 2267) the following:

‘‘SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.

‘‘(a) I

ENERAL

.—For purposes of sections 5.25, 5.26, and 5.32,

the jurisdiction of the Farm Credit Administration over parties, and

the authority of the Farm Credit Administration to initiate actions,

shall include enforcement authority over institution-affiliated par-

ties.

‘‘(b) E

FFECT OF

EPARATION ON

URISDICTION AND

UTHOR

ITY

.—Subject to subsection (c), the resignation, termination of em-

ployment or participation, or separation of an institution-affiliated

party (including a separation caused by the merger, consolidation,

conservatorship, or receivership of a Farm Credit System institu-

tion) shall not affect the jurisdiction and authority of the Farm

Credit Administration to issue any notice or order and proceed

under this part against that party.

‘‘(c) L

IMITATION

.—To proceed against a party under subsection

(b), the notice or order described in that subsection shall be served

not later than 6 years after the date on which the party ceased to

be an institution-affiliated party with respect to the applicable Farm

Credit System institution.

‘‘(d) A

PPLICABILITY

.—The date on which a party ceases to be an

institution-affiliated party described in subsection (c) may occur be-

fore, on, or after the date of enactment of this section.’’.

SEC. 5408. DEFINITION OF INSTITUTION-AFFILIATED PARTY.

Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271)

is amended—

(1) in paragraph (3), by striking ‘‘and’’ at the end;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following:

‘‘(4) the term ‘institution-affiliated party’ means—

‘‘(A) a director, officer, employee, shareholder, or agent

of a System institution;

‘‘(B) an independent contractor (including an attorney,

appraiser, or accountant) who knowingly or recklessly par-

ticipates in—

‘‘(i) a violation of law (including regulations) that

is associated with the operations and activities of 1 or

more System institutions;

‘‘(ii) a breach of fiduciary duty; or

‘‘(iii) an unsafe practice that causes or is likely to

cause more than a minimum financial loss to, or a sig-

nificant adverse effect on, a System institution; and

‘‘(C) any other person, as determined by the Farm

Credit Administration (by regulation or on a case-by-case

basis) who participates in the conduct of the affairs of a

System institution; and’’.

194

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

SEC. 5409. PROHIBITION ON USE OF FUNDS.

Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a–

14) is amended by adding at the end the following:

‘‘(e) P

ROHIBITION ON

SES OF

UNDS

ELATED TO

EDERAL

RICULTURAL

ORTGAGE

ORPORATION

.—No funds from administra-

tive accounts or from the Farm Credit System Insurance Fund may

be used by the Corporation to provide assistance to the Federal Ag-

ricultural Mortgage Corporation or to support any activities related

to the Federal Agricultural Mortgage Corporation.’’.

SEC. 5410. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT

LIMITATION.

(a) I

ENERAL

.—Section 8.8(c)(2) of the Farm Credit Act of

1971 (12 U.S.C. 2279aa–8(c)(2)) is amended by striking ‘‘1,000’’ and

inserting ‘‘2,000’’.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect 1 year after the date a report submitted in accord-

ance with section 5414 of this Act indicates that it is feasible to in-

crease the acreage limitation in section 8.8(c)(2) of the Farm Credit

Act of 1971 to 2,000 acres.

SEC. 5411. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL CORREC-

TIONS.

(1) Section 1.1(c) of the Farm Credit Act of 1971 (12 U.S.C.

2001(c)) is amended in the first sentence by striking ‘‘including

any costs of defeasance under section 4.8(b),’’.

(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C.

2002) is amended by striking subsection (a) and inserting the

following:

‘‘(a) C

OMPOSITION

.—The Farm Credit System shall include the

Farm Credit Banks, the bank for cooperatives, Agricultural Credit

Banks, the Federal Land Bank Associations, the Federal Land

Credit Associations, the Production Credit Associations, the agricul-

tural credit associations, the Federal Farm Credit Banks Funding

Corporation, the Federal Agricultural Mortgage Corporation, service

corporations established pursuant to section 4.25, and such other in-

stitutions as may be made a part of the Farm Credit System, all

of which shall be chartered by and subject to regulation by the

Farm Credit Administration.’’.

(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C.

2075) is amended by striking subsection (d).

(4) Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C.

2121(a)) is amended—

(A) in the third sentence, by striking ‘‘and a Central

Bank for Cooperatives’’; and

(B) by striking the fifth sentence.

(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C.

2123) is amended—

(A) in subsection (a)—

(i) in paragraph (1), by striking ‘‘not merged into

the United Bank for Cooperatives or the National Bank

for Cooperatives’’; and

(ii) in paragraph (2)(A), in the matter preceding

clause (i), by striking ‘‘(other than the National Bank

for Cooperatives)’’;

(B) by striking subsection (b);

195

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(i) by striking ‘‘(a)(1) Each bank’’ and inserting the

following:

‘‘(a) I

ENERAL

.—Each bank’’; and

(ii) by striking ‘‘(2)(A) If approved’’ and inserting

the following:

‘‘(b) N

OMINATION AND

LECTION

.—

‘‘(1) I

N GENERAL

.—If approved’’;

(D) in subsection (b)(1) (as so designated)—

(i) in subparagraph (B), by striking ‘‘(B) The total’’

and inserting the following:

‘‘(2) N

UMBER OF VOTES

.—The total’’; and

(ii) by redesignating clauses (i) and (ii) as sub-

paragraphs (A) and (B), respectively, and indenting ap-

propriately; and

(E) in paragraph (2) (as so designated), by striking

‘‘paragraph’’ and inserting ‘‘subsection’’.

(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C.

2126) is amended in the third sentence by striking ‘‘district’’.

(7) Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C.

2128(a)) is amended by striking the second sentence.

(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12

U.S.C. 2129(b)(1)(A)) is amended by inserting ‘‘(or any successor

agency)’’ after ‘‘Rural Electrification Administration’’.

(9) Section 3.9(a) of the Farm Credit Act of 1971 (12 U.S.C.

2130(a)) is amended by striking the third sentence.

(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.

2131) is amended—

(A) in subsection (c), by striking the second sentence;

and

(B) in subsection (d)—

(i) by striking ‘‘district’’ each place it appears; and

(ii) by inserting ‘‘for cooperatives (or any successor

bank)’’ before ‘‘on account’’.

(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.

2132) is amended—

(A) in subsection (a), in the first sentence, by striking

‘‘subsections (b) and (c) of this section’’ and inserting ‘‘sub-

section (b)’’;

(B) in subsection (b)—

(i) in the first sentence, by striking ‘‘district’’; and

(ii) in the second sentence, by striking ‘‘Except as

provided in subsection (c) below, all’’ and inserting

‘‘All’’;

(D) by redesignating subsections (d) through (f) as sub-

sections (c) through (e), respectively.

(12) Part B of title III of the Farm Credit Act of 1971 (12

U.S.C. 2141 et seq.) is amended in the part heading by striking

‘‘U

NITED AND

’’.

(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.

2141) is amended—

(A) in subsection (a), by striking ‘‘or the United Bank

for Cooperatives, as the case may be’’; and

(B) in subsection (b), by striking ‘‘the district banks for

cooperatives and the Central Bank for Cooperatives’’ and

196

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

inserting ‘‘the constituent banks described in section 413(b)

of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;

Public Law 100–233)’’.

(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.

2142) is repealed.

(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.

2149) is amended by striking ‘‘a district bank for cooperatives

and the Central Bank for Cooperatives’’ and inserting ‘‘the con-

stituent banks described in section 413(b) of the Agricultural

Credit Act of 1987 (12 U.S.C. 2121 note; Public Law 100–233)’’.

(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.

2149a) is repealed.

(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.

2151) is repealed.

(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.

2159) is amended—

(A) by striking the section designation and heading

and all that follows through ‘‘Each bank’’ in subsection (a)

and inserting the following:

‘‘SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.

‘‘Each bank’’; and

(B) by striking subsection (b).

(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.

2160) is amended—

(A) in subsection (d)—

(i) by striking paragraph (2) and inserting the fol-

lowing:

‘‘(3) R

EPRESENTATION OF BOARD

.—The Farm Credit System

Insurance Corporation shall not have representation on the

board of directors of the Corporation.’’;

(ii) in the undesignated matter following para-

graph (1)(D), by striking ‘‘In selecting’’ and inserting

the following:

‘‘(2) C

ONSIDERATIONS

.—In selecting’’; and

(iii) in paragraph (2) (as so designated), by insert-

ing ‘‘of paragraph (1)’’ after ‘‘(A) and (B)’’;

(B) by striking subsection (e); and

(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12

U.S.C. 2162(c)) is amended—

(A) by striking ‘‘institution, and—’’ in the matter pre-

ceding paragraph (1) and all that follows through the pe-

riod at the end of paragraph (2) and inserting ‘‘institu-

tion.’’;

(B) by striking ‘‘If an institution’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—If an institution’’;

receiver of the institution’’ and inserting ‘‘the Farm Credit

System Insurance Corporation, acting as receiver,’’; and

(D) by adding at the end the following:

‘‘(2) F

UNDING

.—The Farm Credit System Insurance Cor-

poration shall use such funds from the Farm Credit Insurance

Fund as are sufficient to carry out this section.’’.

197

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12

U.S.C. 2184(a)) is amended by striking paragraph (1) and in-

serting the following:

‘‘(1) I

N GENERAL

.—A Farm Credit System bank or associa-

tion shall provide to a stockholder of the bank or association a

current list of stockholders of the bank or association not later

than 7 calendar days after the date on which the bank or asso-

ciation receives a written request for the stockholder list from

the stockholder.’’.

(22) Section 4.14A of the Farm Credit Act of 1971 (12

U.S.C. 2202a) is amended—

(A) in subsection (a)—

(i) in the matter preceding paragraph (1), by in-

serting ‘‘and section 4.36’’ before the colon at the end;

and

(ii) in paragraph (5)(B)(ii)(I), by striking ‘‘4.14C,’’;

(B) by striking subsection (h);

sections (h) through (k), respectively; and

(D) in subsection (k) (as so redesignated), by striking

‘‘production credit’’.

(23) Section 4.14C of the Farm Credit Act of 1971 (12

U.S.C. 2202c) is repealed.

(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.

2205) is amended in the third sentence by striking ‘‘Federal in-

termediate credit banks and’’.

(25) Section 4.19(a) of the Farm Credit Act of 1971 (12

U.S.C. 2207(a)) is amended—

(A) in the first sentence—

(i) by striking ‘‘district’’; and

(ii) by striking ‘‘Federal land bank association and

production credit’’; and

(B) in the second sentence, by striking ‘‘units’’ and in-

serting ‘‘institutions’’.

(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.

2219c) is amended by striking ‘‘The Assistance Board estab-

lished under section 6.0 and all’’ and inserting ‘‘All’’.

(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.

2219d) is amended by striking ‘‘8.0(7))’’ and inserting ‘‘8.0)’’.

(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.

2251) is amended in the undesignated matter following para-

graph (5) of subsection (b) (as designated by section 5405)—

(A) in the fifth sentence, by striking ‘‘In actions under-

taken by the banks pursuant to the foregoing provisions of

this section’’ and inserting the following:

‘‘(5) A

GENT FOR BANKS

.—In actions undertaken by the

banks pursuant to this section’’;

(B) in the fourth sentence, by striking ‘‘The plans’’ and

inserting the following:

‘‘(4) A

PPROVAL OF BOARD

.—The plans’’;

inserting the following:

‘‘(3) P

OWERS OF BANKS

.—The powers’’;

(D) in the second sentence, by striking ‘‘Such advances’’

and inserting the following:

198

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(2) A

DVANCES

.—The advances of funds described in para-

graph (1)’’; and

(E) in the first sentence, by striking ‘‘The Board’’ and

inserting the following:

‘‘(c) F

INANCING

.—

‘‘(1) I

N GENERAL

.—The Board’’.

(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12

U.S.C. 2252(a)(2)) is amended by striking the second and third

sentences.

(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.

2253) is repealed.

(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.

2254) is amended—

(A) in subsection (a)—

(i) in the first sentence, by striking ‘‘Except for Fed-

eral land bank associations, each’’ and inserting

‘‘Each’’; and

(ii) by striking the second sentence; and

(B) in subsection (b)—

(i) by striking ‘‘(b)(1) Each’’ and inserting ‘‘(b)

Each’’;

(ii) in the matter preceding paragraph (2) (as so

designated)—

(I) in the second sentence, by striking ‘‘, except

with respect to any actions taken by any banks of

the System under section 4.8(b),’’; and

(II) by striking the third sentence; and

(iii) by striking paragraphs (2) and (3).

(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.

2267) is amended in the second sentence by striking ‘‘4.14A(i)’’

and inserting ‘‘4.14A(h)’’.

(33) Section 5.32(h) of the Farm Credit Act of 1971 (12

U.S.C. 2268(h)) is amended by striking ‘‘4.14A(i)’’ and inserting

‘‘4.14A(h)’’.

(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.

2271) is amended in paragraph (5) (as redesignated by section

5408(2))—

(A) in subparagraph (A), by adding ‘‘and’’ at the end;

(B) by striking subparagraph (B);

graph (B); and

(D) in subparagraph (B) (as so redesignated)—

(i) by striking ‘‘after December 31, 1992,’’; and

(ii) by striking ‘‘by the Farm Credit System Assist-

ance Board under section 6.6 or’’.

(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.

2274) is amended by striking ‘‘a farm’’ and all that follows

through ‘‘land bank’’ and inserting ‘‘a Farm Credit Bank board,

officer, or employee shall not remove any director or officer of

any’’.

(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.

2275) is repealed.

(37) Section 5.58(2) of the Farm Credit Act of 1971 (12

U.S.C. 2277a–7(2)) is amended by striking the second sentence.

199

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.

2277a–9) is amended—

(A) in subsection (b), by striking the subsection des-

ignation and heading and all that follows through ‘‘The

Corporation’’ in paragraph (2) and inserting the following:

‘‘(b) A

MOUNTS IN

UND

.—The Corporation’’; and

(B) in subsection (c)(2), by striking ‘‘Insurance Fund

to—’’ in the matter preceding subparagraph (A) and all

that follows through ‘‘ensure’’ in subparagraph (B) and in-

serting ‘‘Insurance Fund to ensure’’.

(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C.

2278a et seq.) is repealed.

(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.

2279c–2) is amended by striking subsection (c).

(41) Section 7.10(a) of the Farm Credit Act of 1971 (12

U.S.C. 2279d(a)) is amended by striking paragraph (4) and in-

serting the following:

‘‘(4) the institution pays to the Farm Credit Insurance Fund

the amount by which the total capital of the institution exceeds

6 percent of the assets;’’.

(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.

2279aa) is amended—

(A) in paragraph (2), by striking ‘‘means—’’ in the mat-

ter preceding subparagraph (A) and all that follows

through the period at the end of the undesignated matter

following subparagraph (B) and inserting ‘‘means the

board of directors established under section 8.2.’’;

(B) by striking paragraphs (6) and (8);

paragraphs (6), (7), and (8), respectively; and

(D) in subparagraph (B)(i) of paragraph (7) (as so re-

designated), by striking ‘‘(b) through (d)’’ and inserting ‘‘(b)

and (c)’’.

(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.

2279aa–2) is amended—

(A) by striking subsection (a);

(B) in subsection (b), by striking the subsection des-

ignation and heading and all that follows through the pe-

riod at the end of paragraph (1) and inserting the fol-

lowing:

‘‘(a) I

ENERAL

.—

‘‘(1) E

STABLISHMENT

.—The Corporation shall be under the

management of the board of directors.’’;

(i) by striking ‘‘permanent board’’ each place it ap-

pears and inserting ‘‘Board’’;

(ii) by striking paragraph (3);

(iii) by redesignating paragraphs (4) through (10)

as paragraphs (3) through (9), respectively; and

(iv) in paragraph (3)(A) (as so redesignated), by

striking ‘‘(6)’’ and inserting ‘‘(5)’’; and

(D) by redesignating subsection (c) as subsection (b).

(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12

U.S.C. 2279aa–4(a)(1)) is amended—

(A) in the sixth sentence—

200

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(i) by striking ‘‘Class B’’ and inserting the fol-

lowing:

‘‘(iii) C

LASS B STOCK

.—Class B’’; and

(ii) by striking ‘‘8.2(b)(2)(B)’’ and inserting

‘‘8.2(a)(2)(B)’’;

(B) in the fifth sentence—

(i) by striking ‘‘Class A’’ and inserting the fol-

lowing:

‘‘(ii) C

LASS A STOCK

.—Class A’’; and

(ii) by striking ‘‘8.2(b)(2)(A)’’ and inserting

‘‘8.2(a)(2)(A)’’;

inserting the following:

‘‘(D) C

LASSES OF STOCK

.—

‘‘(i) I

N GENERAL

.—The stock’’;

(D) by striking the third sentence and inserting the fol-

lowing:

‘‘(C) O

FFERS

.—

‘‘(i) I

N GENERAL

.—The Board shall offer the voting

common stock to banks, other financial institutions, in-

surance companies, and System institutions under

such terms and conditions as the Board may adopt.

‘‘(ii) R

EQUIREMENTS

.—The voting common stock

shall be fairly and broadly offered to ensure that—

‘‘(I) no institution or institutions acquire a dis-

proportionate share of the total quantity of the vot-

ing common stock outstanding of a class of stock;

and

‘‘(II) capital contributions and issuances of

voting common stock for the contributions are fair-

ly distributed between entities eligible to hold class

A stock and class B stock.’’;

(E) in the second sentence, by striking ‘‘Each share’’

and inserting the following:

‘‘(B) N

UMBER OF VOTES

.—Each share’’; and

(F) in the first sentence, by striking ‘‘The Corporation’’

and inserting the following:

‘‘(A) I

N GENERAL

.—The Corporation’’.

(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.

2279aa–6) is amended—

(A) by striking subsection (d);

(B) by redesignating subsection (e) as subsection (d);

and

nated), by striking ‘‘8.0(9))’’ and inserting ‘‘8.0)’’.

(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.

2279aa–9) is amended by striking ‘‘4.14C,’’ each place it ap-

pears.

(47) Section 8.11(e) of the Farm Credit Act of 1971 (12

U.S.C. 2279aa–11(e)) is amended by striking ‘‘8.0(7))’’ and in-

serting ‘‘8.0)’’.

(48) Section 8.32(a) of the Farm Credit Act of 1971 (12

U.S.C. 2279bb–1(a)) is amended—

(A) in the first sentence of the matter preceding para-

graph (1), by striking ‘‘Not sooner than the expiration of the

201

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

3-year period beginning on the date of enactment of the

Farm Credit System Reform Act of 1996, the’’ and inserting

‘‘The’’; and

(B) in paragraph (1)(B), by striking ‘‘8.0(9)(C)’’ and in-

serting ‘‘8.0(7)(C)’’.

(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971

(12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking ‘‘8.6(e)’’

and inserting ‘‘8.6(d)’’.

(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.

2279bb–4) is amended by striking subsection (e).

(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.

2279bb–7) is repealed.

(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.

1141b) is repealed.

(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.

1141c) is repealed.

(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.

1141d) is repealed.

(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.

1141e) is repealed.

(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.

1141f) is repealed.

(57) Section 14 of the Agricultural Marketing Act (12

U.S.C. 1141i) is repealed.

(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239;

12 U.S.C. 1141d–1), is repealed.

(59) Section 201(e) of the Emergency Relief and Construc-

tion Act of 1932 (12 U.S.C. 1148) is repealed.

(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,

chapter 192; 12 U.S.C. 1148a–4), is repealed.

(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.

1148b) is repealed.

(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.

1148c) is repealed.

(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.

1148d) is repealed.

(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,

chapter 70; 12 U.S.C. 1401 et seq.), is repealed.

SEC. 5412. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN

OTHER POWERS.

Part E of title V of the Farm Credit Act of 1971 is amended by

inserting after section 5.61B (12 U.S.C. 2277a–10b) the following:

‘‘SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN

OTHER POWERS.

‘‘(a) D

EFINITION OF

NSTITUTION

.—In this section, the term ‘in-

stitution’ includes any System institution for which the Corporation

has been appointed as conservator or receiver.

‘‘(b) C

ERTAIN

OWERS AND

UTIES OF

ORPORATION AS

SERVATOR OR

ECEIVER

.—In addition to the powers inherent in the

express grant of corporate authority under section 5.58(9), and other

powers exercised by the Corporation under this part, the Corpora-

tion shall have the following express powers to act as a conservator

or receiver:

‘‘(1) R

ULEMAKING AUTHORITY OF CORPORATION

.—The Cor-

poration may prescribe such regulations as the Corporation de-

202

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

termines to be appropriate regarding the conduct of

conservatorships or receiverships.

‘‘(2) G

ENERAL POWERS

.—

‘‘(A) S

UCCESSOR TO SYSTEM INSTITUTION

.—The Cor-

poration shall, as conservator or receiver, and by operation

of law, succeed to—

‘‘(i) all rights, titles, powers, and privileges of the

System institution, and of any stockholder, member, of-

ficer, or director of such System institution with respect

to the System institution and the assets of the System

institution; and

‘‘(ii) title to the books, records, and assets of any

previous conservator or other legal custodian of such

System institution.

‘‘(B) O

PERATE THE SYSTEM INSTITUTION

.—The Corpora-

tion may, as conservator or receiver—

‘‘(i) take over the assets of and operate the System

institution with all the powers of the stockholders or

members, the directors, and the officers of the System

institution and conduct all business of the System in-

stitution;

‘‘(ii) collect all obligations and money due the Sys-

tem institution;

‘‘(iii) perform all functions of the System institu-

tion in the name of the System institution which are

consistent with the appointment as conservator or re-

ceiver;

‘‘(iv) preserve and conserve the assets and property

of such System institution; and

‘‘(v) provide by contract for assistance in fulfilling

any function, activity, action, or duty of the Corpora-

tion as conservator or receiver.

‘‘(C) F

UNCTIONS OF SYSTEM INSTITUTION

’

S OFFICERS

DIRECTORS

MEMBERS

AND STOCKHOLDERS

.—The Corpora-

tion may, by regulation or order, provide for the exercise of

any function by any stockholder, member, director, or offi-

cer of any System institution for which the Corporation has

been appointed conservator or receiver.

‘‘(D) P

OWERS AS CONSERVATOR

.—Subject to any Farm

Credit Administration approvals required under this Act,

the Corporation may, as conservator, take such action as

may be—

‘‘(i) necessary to put the System institution in a

sound and solvent condition; and

‘‘(ii) appropriate to carry on the business of the

System institution and preserve and conserve the assets

and property of the System institution.

‘‘(E) A

DDITIONAL POWERS AS RECEIVER

.—The Corpora-

tion may, as receiver, liquidate the System institution and

proceed to realize upon the assets of the System institution,

in such manner as the Corporation determines to be appro-

priate.

‘‘(F) O

RGANIZATION OF NEW SYSTEM BANK

.—The Cor-

poration may, as receiver with respect to any System bank,

organize a bridge System bank under subsection (h).

203

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(G) M

ERGER

;

TRANSFER OF ASSETS AND LIABILITIES

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), the Cor-

poration may, as conservator or receiver—

‘‘(I) merge the System institution with another

System institution; and

‘‘(II) transfer or sell any asset or liability of the

System institution in default without any ap-

proval, assignment, or consent with respect to such

transfer.

‘‘(ii) A

PPROVAL

.—No merger or transfer under

clause (i) may be made to another System institution

(other than a bridge System bank under subsection (h))

without the approval of the Farm Credit Administra-

tion.

‘‘(H) P

AYMENT OF VALID OBLIGATIONS

.—The Corpora-

tion, as conservator or receiver, shall, to the extent that pro-

ceeds are realized from the performance of contracts or the

sale of the assets of a System institution, pay all valid obli-

gations of the System institution in accordance with the

prescriptions and limitations of this section.

‘‘(I) I

NCIDENTAL POWERS

.—

‘‘(i) I

N GENERAL

.—The Corporation may, as conser-

vator or receiver—

‘‘(I) exercise all powers and authorities specifi-

cally granted to conservators or receivers, respec-

tively, under this section and such incidental pow-

ers as shall be necessary to carry out such powers;

and

‘‘(II) take any action authorized by this section,

which the Corporation determines is in the best in-

terests of—

‘‘(aa) the System institution in receiver-

ship or conservatorship;

‘‘(bb) System institutions;

‘‘(cc) System institution stockholders or in-

vestors; or

‘‘(dd) the Corporation.

‘‘(ii) T

ERMINATION OF RIGHTS AND CLAIMS

.—

‘‘(I) I

N GENERAL

.—Except as provided in sub-

clause (II), notwithstanding any other provision of

law, the appointment of the Corporation as re-

ceiver for a System institution and the succession

of the Corporation, by operation of law, to the

rights, titles, powers, and privileges described in

subparagraph (A) shall terminate all rights and

claims that the stockholders and creditors of the

System institution may have, arising as a result of

their status as stockholders or creditors, against

the assets or charter of the System institution or

the Corporation.

‘‘(II) E

XCEPTIONS

.—Subclause (I) shall not ter-

minate the right to payment, resolution, or other

satisfaction of the claims of stockholders and credi-

tors described in that subclause, as permitted

204

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

under paragraphs (10) and (11) and subsection

(d).

‘‘(iii) C

HARTER

.—Notwithstanding any other provi-

sion of law, for purposes of this section, the charter of

a System institution shall not be considered to be an

asset of the System institution.

‘‘(J) U

TILIZATION OF PRIVATE SECTOR

.—In carrying out

its responsibilities in the management and disposition of

assets from System institutions, as conservator, receiver, or

in its corporate capacity, the Corporation may utilize the

services of private persons, including real estate and loan

portfolio asset management, property management, auction

marketing, legal, and brokerage services, if the Corporation

determines utilization of such services is practicable, effi-

cient, and cost effective.

‘‘(3) A

UTHORITY OF RECEIVER TO DETERMINE CLAIMS

.—

‘‘(A) I

N GENERAL

.—The Corporation may, as receiver,

determine claims in accordance with the requirements of

this subsection and regulations prescribed under paragraph

(4).

‘‘(B) N

OTICE REQUIREMENTS

.—The receiver, in any case

involving the liquidation or winding up of the affairs of a

closed System institution, shall—

‘‘(i) promptly publish a notice to the System insti-

tution’s creditors to present their claims, together with

proof, to the receiver by a date specified in the notice

which shall be not less than 90 days after the publica-

tion of such notice; and

‘‘(ii) republish such notice approximately 1 month

and 2 months, respectively, after the publication under

clause (i).

‘‘(C) M

AILING REQUIRED

.—The receiver shall mail a no-

tice similar to the notice published under subparagraph

(B)(i) at the time of such publication to any creditor shown

on the System institution’s books—

‘‘(i) at the creditor’s last address appearing in such

books; or

‘‘(ii) upon discovery of the name and address of a

claimant not appearing on the System institution’s

books within 30 days after the discovery of such name

and address.

‘‘(4) R

ULEMAKING AUTHORITY RELATING TO DETERMINATION

OF CLAIMS

.—The Corporation may prescribe regulations regard-

ing the allowance or disallowance of claims by the receiver and

providing for administrative determination of claims and re-

view of such determination.

‘‘(5) P

ROCEDURES FOR DETERMINATION OF CLAIMS

.—

‘‘(A) D

ETERMINATION PERIOD

.—

‘‘(i) I

N GENERAL

.—Before the end of the 180-day pe-

riod beginning on the date any claim against a System

institution is filed with the Corporation as receiver, the

Corporation shall determine whether to allow or dis-

allow the claim and shall notify the claimant of any

determination with respect to such claim.

205

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(ii) E

XTENSION OF TIME

.—The period described in

clause (i) may be extended by a written agreement be-

tween the claimant and the Corporation.

‘‘(iii) M

AILING OF NOTICE SUFFICIENT

.—The re-

quirements of clause (i) shall be deemed to be satisfied

if the notice of any determination with respect to any

claim is mailed to the last address of the claimant

which appears—

‘‘(I) on the System institution’s books;

‘‘(II) in the claim filed by the claimant; or

‘‘(III) in documents submitted in proof of the

claim.

‘‘(iv) C

ONTENTS OF NOTICE OF DISALLOWANCE

.—If

any claim filed under clause (i) is disallowed, the no-

tice to the claimant shall contain—

‘‘(I) a statement of each reason for the dis-

allowance; and

‘‘(II) the procedures available for obtaining

agency review of the determination to disallow the

claim or judicial determination of the claim.

‘‘(B) A

LLOWANCE OF PROVEN CLAIMS

.—The receiver

shall allow any claim received on or before the date speci-

fied in the notice published under paragraph (3)(B)(i) by

the receiver from any claimant which is proved to the satis-

faction of the receiver.

‘‘(C) D

ISALLOWANCE OF CLAIMS FILED AFTER END OF

FILING PERIOD

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause (ii),

claims filed after the date specified in the notice pub-

lished under paragraph (3)(B)(i) shall be disallowed

and such disallowance shall be final.

‘‘(ii) C

ERTAIN EXCEPTIONS

.—Clause (i) shall not

apply with respect to any claim filed by any claimant

after the date specified in the notice published under

paragraph (3)(B)(i) and such claim may be considered

by the receiver if—

‘‘(I) the claimant did not receive notice of the

appointment of the receiver in time to file such

claim before such date; and

‘‘(II) such claim is filed in time to permit pay-

ment of such claim.

‘‘(D) A

UTHORITY TO DISALLOW CLAIMS

.—

‘‘(i) I

N GENERAL

.—The receiver may disallow any

portion of any claim by a creditor or claim of security,

preference, or priority which is not proved to the satis-

faction of the receiver.

‘‘(ii) P

AYMENTS TO LESS THAN FULLY SECURED

CREDITORS

.—In the case of a claim of a creditor

against a System institution which is secured by any

property or other asset of such System institution, any

receiver appointed for any System institution—

‘‘(I) may treat the portion of such claim which

exceeds an amount equal to the fair market value

of such property or other asset as an unsecured

claim against the System institution; and

206

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(II) may not make any payment with respect

to such unsecured portion of the claim other than

in connection with the disposition of all claims of

unsecured creditors of the System institution.

‘‘(iii) E

XCEPTIONS

.—No provision of this paragraph

shall apply with respect to—

‘‘(I) any extension of credit from any Federal

Reserve bank or the United States Treasury to any

System institution; or

‘‘(II) any security interest in the assets of the

System institution securing any such extension of

credit.

‘‘(E) N

O JUDICIAL REVIEW OF DETERMINATION PURSU

ANT TO SUBPARAGRAPH (D)

.—No court may review the Cor-

poration’s determination pursuant to subparagraph (D) to

disallow a claim.

‘‘(F) L

EGAL EFFECT OF FILING

.—

‘‘(i) S

TATUTE OF LIMITATION TOLLED

.—For pur-

poses of any applicable statute of limitations, the filing

of a claim with the receiver shall constitute a com-

mencement of an action.

‘‘(ii) N

O PREJUDICE TO OTHER ACTIONS

.—Subject to

paragraph (12) and the determination of claims by a

receiver, the filing of a claim with the receiver shall not

prejudice any right of the claimant to continue any ac-

tion which was filed before the appointment of the re-

ceiver.

‘‘(6) P

ROVISION FOR JUDICIAL DETERMINATION OF CLAIMS

.—

‘‘(A) I

N GENERAL

.—Before the end of the 60-day period

beginning on the earlier of—

‘‘(i) the end of the period described in paragraph

(5)(A)(i) with respect to any claim against a System in-

stitution for which the Corporation is receiver; or

‘‘(ii) the date of any notice of disallowance of such

claim pursuant to paragraph (5)(A)(i),

the claimant may request administrative review of the

claim in accordance with paragraph (7) or file suit on such

claim (or continue an action commenced before the appoint-

ment of the receiver) in the district or territorial court of the

United States for the district within which the System in-

stitution’s principal place of business is located or the

United States District Court for the District of Columbia

(and such court shall have jurisdiction to hear such claim).

‘‘(B) S

TATUTE OF LIMITATIONS

.—If any claimant fails to

file suit on such claim (or continue an action commenced

before the appointment of the receiver), before the end of the

60-day period described in subparagraph (A), the claim

shall be deemed to be disallowed (other than any portion

of such claim which was allowed by the receiver) as of the

end of such period, such disallowance shall be final, and

the claimant shall have no further rights or remedies with

respect to such claim.

‘‘(7) R

EVIEW OF CLAIMS

;

ADMINISTRATIVE HEARING

.—If any

claimant requests review under this paragraph in lieu of filing

or continuing any action under paragraph (6) and the Corpora-

207

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

tion agrees to such request, the Corporation shall consider the

claim after opportunity for a hearing on the record. The final

determination of the Corporation with respect to such claim

shall be subject to judicial review under chapter 7 of title 5,

United States Code.

‘‘(8) E

XPEDITED DETERMINATION OF CLAIMS

.—

‘‘(A) E

STABLISHMENT REQUIRED

.—The Corporation

shall establish a procedure for expedited relief outside of

the routine claims process established under paragraph (5)

for claimants who—

‘‘(i) allege the existence of legally valid and enforce-

able or perfected security interests in assets of any Sys-

tem institution for which the Corporation has been ap-

pointed receiver; and

‘‘(ii) allege that irreparable injury will occur if the

routine claims procedure is followed.

‘‘(B) D

ETERMINATION PERIOD

.—Before the end of the

90-day period beginning on the date any claim is filed in

accordance with the procedures established pursuant to

subparagraph (A), the Corporation shall—

‘‘(i) determine—

‘‘(I) whether to allow or disallow such claim;

‘‘(II) whether such claim should be determined

pursuant to the procedures established pursuant to

paragraph (5); and

‘‘(ii) notify the claimant of the determination, and

if the claim is disallowed, provide a statement of each

reason for the disallowance and the procedure for ob-

taining agency review or judicial determination.

‘‘(C) P

ERIOD FOR FILING OR RENEWING SUIT

.—Any

claimant who files a request for expedited relief shall be

permitted to file a suit, or to continue a suit filed before the

appointment of the receiver, seeking a determination of the

claimant’s rights with respect to such security interest after

the earlier of—

‘‘(i) the end of the 90-day period beginning on the

date of the filing of a request for expedited relief; or

‘‘(ii) the date the Corporation denies the claim.

‘‘(D) S

TATUTE OF LIMITATIONS

.—If an action described

in subparagraph (C) is not filed, or the motion to renew a

previously filed suit is not made, before the end of the 30-

day period beginning on the date on which such action or

motion may be filed in accordance with subparagraph (B),

the claim shall be deemed to be disallowed as of the end

of such period (other than any portion of such claim which

was allowed by the receiver), such disallowance shall be

final, and the claimant shall have no further rights or rem-

edies with respect to such claim.

‘‘(E) L

EGAL EFFECT OF FILING

.—

‘‘(i) S

TATUTE OF LIMITATION TOLLED

.—For pur-

poses of any applicable statute of limitations, the filing

of a claim with the receiver shall constitute a com-

mencement of an action.

208

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(ii) N

O PREJUDICE TO OTHER ACTIONS

.—Subject to

paragraph (12), the filing of a claim with the receiver

shall not prejudice any right of the claimant to con-

tinue any action which was filed before the appoint-

ment of the receiver.

‘‘(9) A

GREEMENT AS BASIS OF CLAIM

.—

‘‘(A) R

EQUIREMENTS

.—Except as provided in subpara-

graph (B), any agreement which does not meet the require-

ments set forth in section 5.61(d) shall not form the basis

of, or substantially comprise, a claim against the receiver

or the Corporation.

‘‘(B) E

XCEPTION TO CONTEMPORANEOUS EXECUTION RE

QUIREMENT

.—Notwithstanding section 5.61(d), any agree-

ment relating to an extension of credit between a Federal

Reserve bank or the United States Treasury and any Sys-

tem institution which was executed before such extension of

credit to such System institution shall be treated as having

been executed contemporaneously with such extension of

credit for purposes of subparagraph (A).

‘‘(10) P

AYMENT OF CLAIMS

.—

‘‘(A) I

N GENERAL

.—The receiver may, in the receiver’s

discretion and to the extent funds are available from the

assets of the System institution, pay creditor claims which

are allowed by the receiver, approved by the Corporation

pursuant to a final determination pursuant to paragraph

(7) or (8), or determined by the final judgment of any court

of competent jurisdiction in such manner and amounts as

are authorized under this Act.

‘‘(B) L

IQUIDATION PAYMENTS

.—The receiver may, in the

receiver’s sole discretion, pay from the assets of the System

institution portions of proved claims at any time, and no li-

ability shall attach to the Corporation (in such Corpora-

tion’s corporate capacity or as receiver), by reason of any

such payment, for failure to make payments to a claimant

whose claim is not proved at the time of any such payment.

‘‘(C) R

ULEMAKING AUTHORITY OF CORPORATION

.—The

Corporation may prescribe such rules, including definitions

of terms, as it deems appropriate to establish a single uni-

form interest rate for or to make payments of post insol-

vency interest to creditors holding proven claims against

the receivership estates of System institutions following sat-

isfaction by the receiver of the principal amount of all cred-

itor claims.

‘‘(11) P

RIORITY OF EXPENSES AND CLAIMS

.—

‘‘(A) I

N GENERAL

.—Amounts realized from the liquida-

tion or other resolution of any System institution by any re-

ceiver appointed for such System institution shall be dis-

tributed to pay claims (other than secured claims to the ex-

tent of any such security) in the following order of priority:

‘‘(i) Administrative expenses of the receiver.

‘‘(ii) If authorized by the Corporation, wages, sala-

ries, or commissions, including vacation, severance,

and sick leave pay earned by an individual—

209

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(I) in an amount that is not more than

$11,725 for each individual (as indexed for infla-

tion, by regulation of the Corporation); and

‘‘(II) that is earned 180 days or fewer before

the date of appointment of the Corporation as re-

ceiver.

‘‘(iii) In the case of the resolution of a System bank,

all claims of holders of consolidated and System-wide

bonds and all claims of the other System banks arising

from the payments of the System banks pursuant to—

‘‘(I) section 4.4 on consolidated and System-

wide bonds issued under subsection (c) or (d) of

section 4.2; or

‘‘(II) an agreement, in writing and approved

by the Farm Credit Administration, among the

System banks to reallocate the payments.

‘‘(iv) In the case of the resolution of a production

credit association or other association making direct

loans under section 7.6, all claims of a System bank

based on the financing agreement between the associa-

tion and the System bank—

‘‘(I) including interest accrued before and after

the appointment of the receiver; and

‘‘(II) not including any setoff for stock or other

equity of that System bank owned by the associa-

tion, on that condition that, prior to making that

setoff, that System bank shall obtain the approval

of the Farm Credit Administration Board for the

retirement of that stock or equity.

‘‘(v) Any general or senior liability of the System

institution (which is not a liability described in clause

(vi) or (vii)).

‘‘(vi) Any obligation subordinated to general credi-

tors (which is not an obligation described in clause

(vii)).

‘‘(vii) Any obligation to stockholders or members

arising as a result of their status as stockholders or

members.

‘‘(B) P

AYMENT OF CLAIMS

.—

‘‘(i) I

N GENERAL

.—

‘‘(I) P

AYMENT

.—All claims of each priority de-

scribed in clauses (i) through (vii) of subparagraph

(A) shall be paid in full, or provisions shall be

made for that payment, prior to the payment of

any claim of a lesser priority.

‘‘(II) I

NSUFFICIENT FUNDS

.—If there are insuf-

ficient funds to pay in full all claims in any pri-

ority described clauses (i) through (vii) of subpara-

graph (A), distribution on that priority of claims

shall be made on a pro rata basis.

‘‘(ii) D

ISTRIBUTION OF REMAINING ASSETS

.—Fol-

lowing the payment of all claims in accordance with

subparagraph (A), the receiver shall distribute the re-

mainder of the assets of the System institution to the

owners of stock, participation certificates, and other eq-

210

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

uities in accordance with the priorities for impairment

under the bylaws of the System institution.

‘‘(iii) E

LIGIBLE BORROWER STOCK

.—Notwith-

standing subparagraph (C) or any other provision of

this section, eligible borrower stock shall be retired in

accordance with section 4.9A.

‘‘(C) E

FFECT OF STATE LAW

.—

‘‘(i) I

N GENERAL

.—The provisions of subparagraph

(A) shall not supersede the law of any State except to

the extent such law is inconsistent with the provisions

of such subparagraph, and then only to the extent of

the inconsistency.

‘‘(ii) P

ROCEDURE FOR DETERMINATION OF INCON

SISTENCY

.—Upon the Corporation’s own motion or

upon the request of any person with a claim described

in subparagraph (A) or any State which is submitted

to the Corporation in accordance with procedures

which the Corporation shall prescribe, the Corporation

shall determine whether any provision of the law of

any State is inconsistent with any provision of sub-

paragraph (A) and the extent of any such inconsistency.

‘‘(iii) J

UDICIAL REVIEW

.—The final determination

of the Corporation under clause (ii) shall be subject to

judicial review under chapter 7 of title 5, United States

Code.

‘‘(D) A

CCOUNTING REPORT

.—Any distribution by the

Corporation in connection with any claim described in sub-

paragraph (A)(vii) shall be accompanied by the accounting

report required under paragraph (15)(B).

‘‘(12) S

USPENSION OF LEGAL ACTIONS

.—

‘‘(A) I

N GENERAL

.—After the appointment of a conser-

vator or receiver for a System institution, the conservator or

receiver may request a stay for a period not to exceed—

‘‘(i) 45 days, in the case of any conservator; and

‘‘(ii) 90 days, in the case of any receiver,

in any judicial action or proceeding to which such System

institution is or becomes a party.

‘‘(B) G

RANT OF STAY BY ALL COURTS REQUIRED

.—Upon

receipt of a request by any conservator or receiver pursuant

to subparagraph (A) for a stay of any judicial action or pro-

ceeding in any court with jurisdiction of such action or pro-

ceeding, the court shall grant such stay as to all parties.

‘‘(13) A

DDITIONAL RIGHTS AND DUTIES

.—

‘‘(A) P

RIOR FINAL ADJUDICATION

.—The Corporation

shall abide by any final unappealable judgment of any

court of competent jurisdiction which was rendered before

the appointment of the Corporation as conservator or re-

ceiver.

‘‘(B) R

IGHTS AND REMEDIES OF CONSERVATOR OR RE

CEIVER

.—In the event of any appealable judgment, the Cor-

poration as conservator or receiver shall—

‘‘(i) have all the rights and remedies available to

the System institution (before the appointment of such

conservator or receiver) and the Corporation in its cor-

211

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

porate capacity, including removal to Federal court

and all appellate rights; and

‘‘(ii) not be required to post any bond in order to

pursue such remedies.

‘‘(C) N

O ATTACHMENT OR EXECUTION

.—No attachment

or execution may issue by any court on—

‘‘(i) assets in the possession of the receiver; or

‘‘(ii) the charter of a System institution for which

the Corporation has been appointed receiver.

‘‘(D) L

IMITATION ON JUDICIAL REVIEW

.—Except as oth-

erwise provided in this subsection, no court shall have ju-

risdiction over—

‘‘(i) any claim or action for payment from, or any

action seeking a determination of rights with respect to,

the assets of any System institution for which the Cor-

poration has been appointed receiver, including assets

which the Corporation may acquire from itself as such

receiver; or

‘‘(ii) any claim relating to any act or omission of

such System institution or the Corporation as receiver.

‘‘(E) D

ISPOSITION OF ASSETS

.—In exercising any right,

power, privilege, or authority as receiver in connection with

any sale or disposition of assets of any System institution

for which the Corporation is acting as receiver, the Cor-

poration shall, to the maximum extent practicable, conduct

its operations in a manner which—

‘‘(i) maximizes the net present value return from

the sale or disposition of such assets;

‘‘(ii) minimizes the amount of any loss realized in

the resolution of cases;

‘‘(iii) ensures adequate competition and fair and

consistent treatment of offerors;

‘‘(iv) prohibits discrimination on the basis of race,

sex, or ethnic groups in the solicitation and consider-

ation of offers; and

‘‘(v) mitigates the potential for serious adverse ef-

fects to the rest of the System.

‘‘(14) S

TATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY

CONSERVATOR OR RECEIVER

.—

‘‘(A) I

N GENERAL

.—Notwithstanding any provision of

any contract, the applicable statute of limitations with re-

gard to any action brought by the Corporation as conser-

vator or receiver shall be—

‘‘(i) in the case of any contract claim, the longer

of—

‘‘(I) the 6-year period beginning on the date the

claim accrues; or

‘‘(II) the period applicable under State law;

and

‘‘(ii) in the case of any tort claim, the longer of—

‘‘(I) the 3-year period beginning on the date the

claim accrues; or

‘‘(II) the period applicable under State law.

‘‘(B) D

ETERMINATION OF THE DATE ON WHICH A CLAIM

ACCRUES

.—For purposes of subparagraph (A), the date on

212

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

which the statute of limitations begins to run on any claim

described in such subparagraph shall be the later of—

‘‘(i) the date of the appointment of the Corporation

as conservator or receiver; or

‘‘(ii) the date on which the cause of action accrues.

‘‘(C) R

EVIVAL OF EXPIRED STATE CAUSES OF ACTION

.—

‘‘(i) I

N GENERAL

.—In the case of any tort claim de-

scribed in clause (ii) for which the statute of limitation

applicable under State law with respect to such claim

has expired not more than 5 years before the appoint-

ment of the Corporation as conservator or receiver, the

Corporation may bring an action as conservator or re-

ceiver on such claim without regard to the expiration

of the statute of limitation applicable under State law.

‘‘(ii) C

LAIMS DESCRIBED

.—A tort claim referred to

in clause (i) is a claim arising from fraud, intentional

misconduct resulting in unjust enrichment, or inten-

tional misconduct resulting in substantial loss to the

System institution.

‘‘(15) A

CCOUNTING AND RECORDKEEPING REQUIREMENTS

.—

‘‘(A) I

N GENERAL

.—The Corporation as conservator or

receiver shall, consistent with the accounting and reporting

practices and procedures established by the Corporation,

maintain a full accounting of each conservatorship and re-

ceivership or other disposition of System institutions in de-

fault.

‘‘(B) A

NNUAL ACCOUNTING OR REPORT

.—With respect to

each conservatorship or receivership to which the Corpora-

tion was appointed, the Corporation shall make an annual

accounting or report, as appropriate, available to the Farm

Credit Administration Board.

‘‘(C) A

VAILABILITY OF REPORTS

.—Any report prepared

pursuant to subparagraph (B) shall be made available by

the Corporation upon request to any stockholder of the Sys-

tem institution for which the Corporation was appointed

conservator or receiver or any other member of the public.

‘‘(D) R

ECORDKEEPING REQUIREMENT

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause (ii),

after the end of the 6-year period beginning on the date

the Corporation is appointed as receiver of a System in-

stitution, the Corporation may destroy any records of

such System institution which the Corporation, in the

Corporation’s discretion, determines to be unnecessary

unless directed not to do so by a court of competent ju-

risdiction or governmental agency, or prohibited by

law.

‘‘(ii) O

LD RECORDS

.—Notwithstanding clause (i),

the Corporation may destroy records of a System insti-

tution which are at least 10 years old as of the date on

which the Corporation is appointed as the receiver of

such System institution in accordance with clause (i) at

any time after such appointment is final, without re-

gard to the 6-year period of limitation contained in

clause (i).

‘‘(16) F

RAUDULENT TRANSFERS

.—

213

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—The Corporation, as conservator or

receiver for any System institution, may avoid a transfer of

any interest of a System institution-affiliated party, or any

person who the Corporation determines is a debtor of the

System institution, in property, or any obligation incurred

by such party or person, that was made within 5 years of

the date on which the Corporation was appointed conser-

vator or receiver if such party or person voluntarily or in-

voluntarily made such transfer or incurred such liability

with the intent to hinder, delay, or defraud the System in-

stitution, the Farm Credit Administration, or the Corpora-

tion.

‘‘(B) R

IGHT OF RECOVERY

.—To the extent a transfer is

avoided under subparagraph (A), the Corporation may re-

cover, for the benefit of the System institution, the property

transferred, or, if a court so orders, the value of such prop-

erty (at the time of such transfer) from—

‘‘(i) the initial transferee of such transfer or the

System institution-affiliated party or person for whose

benefit such transfer was made; or

‘‘(ii) any immediate or mediate transferee of any

such initial transferee.

‘‘(C) R

IGHTS OF TRANSFEREE OR OBLIGEE

.—The Cor-

poration may not recover under subparagraph (B) from—

‘‘(i) any transferee that takes for value, including

satisfaction or securing of a present or antecedent debt,

in good faith; or

‘‘(ii) any immediate or mediate good faith trans-

feree of such transferee.

‘‘(D) R

IGHTS UNDER THIS PARAGRAPH

.—The rights

under this paragraph of the Corporation shall be superior

to any rights of a trustee or any other party (other than any

party which is a Federal agency) under title 11, United

States Code.

‘‘(17) A

TTACHMENT OF ASSETS AND OTHER INJUNCTIVE RE

LIEF

.—Subject to paragraph (18), any court of competent juris-

diction may, at the request of the Corporation (in the Corpora-

tion’s capacity as conservator or receiver for any System institu-

tion or in the Corporation’s corporate capacity with respect to

any asset acquired or liability assumed by the Corporation

under section 5.61), issue an order in accordance with Rule 65

of the Federal Rules of Civil Procedure, including an order

placing the assets of any person designated by the Corporation

under the control of the court and appointing a trustee to hold

such assets.

‘‘(18) S

TANDARDS

.—

‘‘(A) S

HOWING

.—Rule 65 of the Federal Rules of Civil

Procedure shall apply with respect to any proceeding under

paragraph (17) without regard to the requirement of such

rule that the applicant show that the injury, loss, or dam-

age is irreparable and immediate.

‘‘(B) S

TATE PROCEEDING

.—If, in the case of any pro-

ceeding in a State court, the court determines that rules of

civil procedure available under the laws of such State pro-

vide substantially similar protections to such party’s right

214

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

to due process as Rule 65 (as modified with respect to such

proceeding by subparagraph (A)), the relief sought by the

Corporation pursuant to paragraph (17) may be requested

under the laws of such State.

‘‘(19) T

REATMENT OF CLAIMS ARISING FROM BREACH OF CON

TRACTS EXECUTED BY THE RECEIVER OR CONSERVATOR

.—Not-

withstanding any other provision of this subsection, any final

and unappealable judgment for monetary damages entered

against a receiver or conservator for a System institution for the

breach of an agreement executed or approved by such receiver

or conservator after the date of its appointment shall be paid

as an administrative expense of the receiver or conservator.

Nothing in this paragraph shall be construed to limit the power

of a receiver or conservator to exercise any rights under contract

or law, including terminating, breaching, canceling, or other-

wise discontinuing such agreement.

‘‘(c) P

ROVISIONS

ELATING TO

ONTRACTS

NTERED

NTO

FORE

PPOINTMENT OF

ONSERVATOR OR

ECEIVER

.—

‘‘(1) A

UTHORITY TO REPUDIATE CONTRACTS

.—In addition to

any other rights a conservator or receiver may have, the conser-

vator or receiver for a System institution may disaffirm or repu-

diate any contract or lease—

‘‘(A) to which such System institution is a party;

‘‘(B) the performance of which the conservator or re-

ceiver, in the conservator’s or receiver’s discretion, deter-

mines to be burdensome; and

‘‘(C) the disaffirmance or repudiation of which the con-

servator or receiver determines, in the conservator’s or re-

ceiver’s discretion, will promote the orderly administration

of the System institution’s affairs.

‘‘(2) T

IMING OF REPUDIATION

.—The Corporation as conser-

vator or receiver for any System institution shall determine

whether or not to exercise the rights of repudiation under this

subsection within a reasonable period following such appoint-

ment.

‘‘(3) C

LAIMS FOR DAMAGES FOR REPUDIATION

.—

‘‘(A) I

N GENERAL

.—Except as otherwise provided in

subparagraph (C) and paragraphs (4), (5), and (6), the li-

ability of the conservator or receiver for the disaffirmance

or repudiation of any contract pursuant to paragraph (1)

shall be—

‘‘(i) limited to actual direct compensatory damages;

and

‘‘(ii) determined as of—

‘‘(I) the date of the appointment of the conser-

vator or receiver; or

‘‘(II) in the case of any contract or agreement

referred to in paragraph (8), the date of the

disaffirmance or repudiation of such contract or

agreement.

‘‘(B) N

O LIABILITY FOR OTHER DAMAGES

.—For purposes

of subparagraph (A), the term ‘actual direct compensatory

damages’ does not include—

‘‘(i) punitive or exemplary damages;

‘‘(ii) damages for lost profits or opportunity; or

215

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(iii) damages for pain and suffering.

‘‘(C) M

EASURE OF DAMAGES FOR REPUDIATION OF FI

NANCIAL CONTRACTS

.—In the case of any qualified financial

contract or agreement to which paragraph (8) applies, com-

pensatory damages shall be—

‘‘(i) deemed to include normal and reasonable costs

of cover or other reasonable measures of damages uti-

lized in the industries for such contract and agreement

claims; and

‘‘(ii) paid in accordance with this subsection and

subsection (j), except as otherwise specifically provided

in this section.

‘‘(4) L

EASES UNDER WHICH THE SYSTEM INSTITUTION IS THE

LESSEE

.—

‘‘(A) I

N GENERAL

.—If the conservator or receiver dis-

affirms or repudiates a lease under which the System insti-

tution was the lessee, the conservator or receiver shall not

be liable for any damages (other than damages determined

pursuant to subparagraph (B)) for the disaffirmance or re-

pudiation of such lease.

‘‘(B) P

AYMENTS OF RENT

.—Notwithstanding subpara-

graph (A), the lessor under a lease to which such subpara-

graph applies shall—

‘‘(i) be entitled to the contractual rent accruing be-

fore the later of the date—

‘‘(I) the notice of disaffirmance or repudiation

is mailed; or

‘‘(II) the disaffirmance or repudiation becomes

effective, unless the lessor is in default or breach of

the terms of the lease; and

‘‘(ii) have no claim for damages under any accel-

eration clause or other penalty provision in the lease;

and

‘‘(iii) have a claim for any unpaid rent, subject to

all appropriate offsets and defenses, due as of the date

of the appointment, which shall be paid in accordance

with this subsection and subsection (j).

‘‘(5) L

EASES UNDER WHICH THE SYSTEM INSTITUTION IS THE

LESSOR

.—

‘‘(A) I

N GENERAL

.—If the conservator or receiver repudi-

ates an unexpired written lease of real property of the Sys-

tem institution under which the System institution is the

lessor and the lessee is not, as of the date of such repudi-

ation, in default, the lessee under such lease may either—

‘‘(i) treat the lease as terminated by such repudi-

ation; or

‘‘(ii) remain in possession of the leasehold interest

for the balance of the term of the lease, unless the les-

see defaults under the terms of the lease after the date

of such repudiation.

‘‘(B) P

ROVISIONS APPLICABLE TO LESSEE REMAINING IN

POSSESSION

.—If any lessee under a lease described in sub-

paragraph (A) remains in possession of a leasehold interest

pursuant to clause (ii) of such subparagraph—

‘‘(i) the lessee—

216

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(I) shall continue to pay the contractual rent

pursuant to the terms of the lease after the date of

the repudiation of such lease; and

‘‘(II) may offset against any rent payment

which accrues after the date of the repudiation of

the lease, any damages which accrue after such

date due to the nonperformance of any obligation

of the System institution under the lease after such

date; and

‘‘(ii) the conservator or receiver shall not be liable

to the lessee for any damages arising after such date

as a result of the repudiation, other than the amount

of any offset allowed under clause (i)(II).

‘‘(6) C

ONTRACTS FOR THE SALE OF REAL PROPERTY

.—

‘‘(A) I

N GENERAL

.—If the conservator or receiver repudi-

ates any contract that meets the requirements of para-

graphs (1) through (4) of section 5.61(d) for the sale of real

property, and the purchaser of such real property under

such contract is in possession and is not, as of the date of

such repudiation, in default, such purchaser may either—

‘‘(i) treat the contract as terminated by such repu-

diation; or

‘‘(ii) remain in possession of such real property.

‘‘(B) P

ROVISIONS APPLICABLE TO PURCHASER REMAINING

IN POSSESSION

.—If any purchaser of real property under

any contract described in subparagraph (A) remains in pos-

session of such property pursuant to clause (ii) of such sub-

paragraph—

‘‘(i) the purchaser—

‘‘(I) shall continue to make all payments due

under the contract after the date of the repudiation

of the contract; and

‘‘(II) may offset against any such payments

any damages which accrue after such date due to

the nonperformance (after such date) of any obliga-

tion of the System institution under the contract;

and

‘‘(ii) the conservator or receiver shall—

‘‘(I) not be liable to the purchaser for any dam-

ages arising after that date as a result of the repu-

diation, other than the amount of any offset al-

lowed under clause (i)(II);

‘‘(II) deliver title to the purchaser in accord-

ance with the contract; and

‘‘(III) have no obligation under the contract,

other than the performance required under sub-

clause (II).

‘‘(C) A

SSIGNMENT AND SALE ALLOWED

.—

‘‘(i) I

N GENERAL

.—No provision of this paragraph

shall be construed as limiting the right of the conser-

vator or receiver to assign the contract described in

subparagraph (A) and sell the property subject to the

contract and this paragraph.

‘‘(ii) N

O LIABILITY AFTER ASSIGNMENT AND SALE

.—

If an assignment and sale described in clause (i) is

217

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

consummated, the Corporation, acting as conservator

or receiver, shall have no further liability under the ap-

plicable contract described in subparagraph (A) or with

respect to the real property which was the subject of

such contract.

‘‘(7) P

ROVISIONS APPLICABLE TO SERVICE CONTRACTS

.—

‘‘(A) S

ERVICES PERFORMED BEFORE APPOINTMENT

.—In

the case of any contract for services between any person and

any System institution for which the Corporation has been

appointed conservator or receiver, any claim of such person

for services performed before the appointment of the conser-

vator or the receiver shall be—

‘‘(i) a claim to be paid in accordance with sub-

sections (b) and (d); and

‘‘(ii) deemed to have arisen as of the date the con-

servator or receiver was appointed.

‘‘(B) S

ERVICES PERFORMED AFTER APPOINTMENT AND

PRIOR TO REPUDIATION

.—If, in the case of any contract for

services described in subparagraph (A), the conservator or

receiver accepts performance by the other person before the

conservator or receiver makes any determination to exercise

the right of repudiation of such contract under this sec-

tion—

‘‘(i) the other party shall be paid under the terms

of the contract for the services performed; and

‘‘(ii) the amount of such payment shall be treated

as an administrative expense of the conservatorship or

receivership.

‘‘(C) A

CCEPTANCE OF PERFORMANCE NO BAR TO SUBSE

QUENT REPUDIATION

.—The acceptance by any conservator

or receiver of services referred to in subparagraph (B) in

connection with a contract described in such subparagraph

shall not affect the right of the conservator or receiver, to

repudiate such contract under this section at any time after

such performance.

‘‘(8) C

ERTAIN QUALIFIED FINANCIAL CONTRACTS

.—

‘‘(A) D

EFINITIONS

.—In this paragraph:

‘‘(i) C

OMMODITY CONTRACT

.—The term ‘commodity

contract’ means—

‘‘(I) with respect to a futures commission mer-

chant, a contract for the purchase or sale of a com-

modity for future delivery on, or subject to the

rules of, a contract market or board of trade;

‘‘(II) with respect to a foreign futures commis-

sion merchant, a foreign future;

‘‘(III) with respect to a leverage transaction

merchant, a leverage transaction;

‘‘(IV) with respect to a clearing organization, a

contract for the purchase or sale of a commodity

for future delivery on, or subject to the rules of, a

contract market or board of trade that is cleared

by such clearing organization, or commodity op-

tion traded on, or subject to the rules of, a contract

market or board of trade that is cleared by such

clearing organization;

218

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(V) with respect to a commodity options deal-

er, a commodity option;

‘‘(VI) any other agreement or transaction that

is similar to any agreement or transaction referred

to in this clause;

‘‘(VII) any combination of the agreements or

transactions referred to in this clause;

‘‘(VIII) any option to enter into any agreement

or transaction referred to in this clause;

‘‘(IX) a master agreement that provides for an

agreement or transaction referred to in any of sub-

clauses (I) through (VIII), together with all supple-

ments to any such master agreement, without re-

gard to whether the master agreement provides for

an agreement or transaction that is not a com-

modity contract under this clause, except that the

master agreement shall be considered to be a com-

modity contract under this clause only with respect

to each agreement or transaction under the master

agreement that is referred to in subclause (I), (II),

(III), (IV), (V), (VI), (VII), or (VIII); or

‘‘(X) any security agreement or arrangement or

other credit enhancement related to any agreement

or transaction referred to in this clause, including

any guarantee or reimbursement obligation in con-

nection with any agreement or transaction referred

to in this clause.

‘‘(ii) F

ORWARD CONTRACT

.—The term ‘forward con-

tract’ means—

‘‘(I) a contract (other than a commodity con-

tract) for the purchase, sale, or transfer of a com-

modity or any similar good, article, service, right,

or interest which is presently or in the future be-

comes the subject of dealing in the forward con-

tract trade, or product or byproduct thereof, with

a maturity date more than 2 days after the date

the contract is entered into, including a repurchase

or reverse repurchase transaction (whether or not

such repurchase or reverse repurchase transaction

is a repurchase agreement), consignment, lease,

swap, hedge transaction, deposit, loan, option, al-

located transaction, unallocated transaction, or

any other similar agreement;

‘‘(II) any combination of agreements or trans-

actions referred to in subclauses (I) and (III);

‘‘(III) any option to enter into any agreement or

transaction referred to in subclause (I) or (II);

‘‘(IV) a master agreement that provides for an

agreement or transaction referred to in subclauses

(I) through (III), together with all supplements to

any such master agreement, without regard to

whether the master agreement provides for an

agreement or transaction that is not a forward

contract under this clause, except that the master

agreement shall be considered to be a forward con-

219

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

tract under this clause only with respect to each

agreement or transaction under the master agree-

ment that is referred to in subclause (I), (II), or

(III); or

‘‘(V) any security agreement or arrangement or

other credit enhancement related to any agreement

or transaction referred to in subclause (I), (II),

(III), or (IV), including any guarantee or reim-

bursement obligation in connection with any agree-

ment or transaction referred to in any such sub-

clause.

‘‘(iii) P

ERSON

.—The term ‘person’—

‘‘(I) has the meaning given the term in section

1 of title 1, United States Code; and

‘‘(II) includes any governmental entity.

‘‘(iv) Q

UALIFIED FINANCIAL CONTRACT

.—The term

‘qualified financial contract’ means any securities con-

tract, commodity contract, forward contract, repur-

chase agreement, swap agreement, and any similar

agreement that the Corporation determines by regula-

tion, resolution, or order to be a qualified financial

contract for purposes of this paragraph.

‘‘(v) R

EPURCHASE AGREEMENT

.—

‘‘(I) I

N GENERAL

.—The term ‘repurchase agree-

ment’ (including with respect to a reverse repur-

chase agreement)—

‘‘(aa) means—

‘‘(AA) an agreement, including related

terms, which provides for the transfer of

one or more certificates of deposit, mort-

gage-related securities (as such term is de-

fined in section 3(a) of the Securities Ex-

change Act of 1934 (15 U.S.C. 78c(a))),

mortgage loans, interests in mortgage-re-

lated securities or mortgage loans, eligible

bankers’ acceptances, qualified foreign

government securities or securities that

are direct obligations of, or that are fully

guaranteed by, the United States or any

agency of the United States against the

transfer of funds by the transferee of such

certificates of deposit, eligible bankers’ ac-

ceptances, securities, mortgage loans, or

interests with a simultaneous agreement

by such transferee to transfer to the trans-

feror thereof certificates of deposit, eligible

bankers’ acceptances, securities, mortgage

loans, or interests as described above, at a

date certain not later than 1 year after

such transfers or on demand, against the

transfer of funds, or any other similar

agreement;

‘‘(BB) any combination of agreements

or transactions referred to in subitems

(AA) and (CC);

220

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(CC) any option to enter into any

agreement or transaction referred to in

subitem (AA) or (BB);

‘‘(DD) a master agreement that pro-

vides for an agreement or transaction re-

ferred to in subitem (AA), (BB), or (CC),

together with all supplements to any such

master agreement, without regard to

whether the master agreement provides for

an agreement or transaction that is not a

repurchase agreement under this item, ex-

cept that the master agreement shall be

considered to be a repurchase agreement

under this item only with respect to each

agreement or transaction under the mas-

ter agreement that is referred to in

subitem (AA), (BB), or (CC); and

‘‘(EE) any security agreement or ar-

rangement or other credit enhancement re-

lated to any agreement or transaction re-

ferred to in any of subitems (AA) through

(DD), including any guarantee or reim-

bursement obligation in connection with

any agreement or transaction referred to

in any such subitem; and

‘‘(bb) does not include any repurchase obli-

gation under a participation in a commercial

mortgage, loan unless the Corporation deter-

mines by regulation, resolution, or order to in-

clude any such participation within the mean-

ing of such term.

‘‘(II) R

ELATED DEFINITION

.—For purposes of

subclause (I)(aa), the term ‘qualified foreign gov-

ernment security’ means a security that is a direct

obligation of, or that is fully guaranteed by, the

central government of a member of the Organiza-

tion for Economic Cooperation and Development

(as determined by regulation or order adopted by

the appropriate Federal banking authority).

‘‘(vi) S

ECURITIES CONTRACT

.—The term ‘securities

contract’—

‘‘(I) means—

‘‘(aa) a contract for the purchase, sale, or

loan of a security, a certificate of deposit, a

mortgage loan, any interest in a mortgage

loan, a group or index of securities, certificates

of deposit, or mortgage loans or interests there-

in (including any interest therein or based on

the value thereof) or any option on any of the

foregoing, including any option to purchase or

sell any such security, certificate of deposit,

mortgage loan, interest, group or index, or op-

tion, and including any repurchase or reverse

repurchase transaction on any such security,

certificate of deposit, mortgage loan, interest,

221

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

group or index, or option (whether or not the

repurchase or reverse repurchase transaction

is a repurchase agreement);

‘‘(bb) any option entered into on a national

securities exchange relating to foreign cur-

rencies;

‘‘(cc) the guarantee (including by novation)

by or to any securities clearing agency of any

settlement of cash, securities, certificates of de-

posit, mortgage loans or interests therein,

group or index of securities, certificates of de-

posit, or mortgage loans or interests therein

(including any interest therein or based on the

value thereof) or option on any of the fore-

going, including any option to purchase or sell

any such security, certificate of deposit, mort-

gage loan, interest, group or index, or option

(whether or not the settlement is in connection

with any agreement or transaction referred to

in any of items (aa), (bb), and (dd) through

(kk));

‘‘(dd) any margin loan;

‘‘(ee) any extension of credit for the clear-

ance or settlement of securities transactions;

‘‘(ff) any loan transaction coupled with a

securities collar transaction, any prepaid secu-

rities forward transaction, or any total return

swap transaction coupled with a securities

sale transaction;

‘‘(gg) any other agreement or transaction

that is similar to any agreement or transaction

referred to in this subclause;

‘‘(hh) any combination of the agreements

or transactions referred to in this subclause;

‘‘(ii) any option to enter into any agree-

ment or transaction referred to in this sub-

clause;

‘‘(jj) a master agreement that provides for

an agreement or transaction referred to in any

of items (aa) through (ii), together with all

supplements to any such master agreement,

without regard to whether the master agree-

ment provides for an agreement or transaction

that is not a securities contract under this sub-

clause, except that the master agreement shall

be considered to be a securities contract under

this subclause only with respect to each agree-

ment or transaction under the master agree-

ment that is referred to in item (aa), (bb), (cc),

(dd), (ee), (ff), (gg), (hh), or (ii); and

‘‘(kk) any security agreement or arrange-

ment or other credit enhancement related to

any agreement or transaction referred to in

this subclause, including any guarantee or re-

imbursement obligation in connection with

222

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

any agreement or transaction referred to in

this subclause; and

‘‘(II) does not include any purchase, sale, or re-

purchase obligation under a participation in a

commercial mortgage loan unless the Corporation

determines by regulation, resolution, or order to in-

clude any such agreement within the meaning of

such term.

‘‘(vii) S

WAP AGREEMENT

.—The term ‘swap agree-

ment’ means—

‘‘(I) any agreement, including the terms and

conditions incorporated by reference in any such

agreement, that is—

‘‘(aa) an interest rate swap, option, future,

or forward agreement, including a rate floor,

rate cap, rate collar, cross-currency rate swap,

and basis swap;

‘‘(bb) a spot, same day-tomorrow, tomor-

row-next, forward, or other foreign exchange

precious metals or other commodity agree-

ment;

‘‘(cc) a currency swap, option, future, or

forward agreement;

‘‘(dd) an equity index or equity swap, op-

tion, future, or forward agreement;

‘‘(ee) a debt index or debt swap, option, fu-

ture, or forward agreement;

‘‘(ff) a total return, credit spread or credit

swap, option, future, or forward agreement;

‘‘(gg) a commodity index or commodity

swap, option, future, or forward agreement;

‘‘(hh) a weather swap, option, future, or

forward agreement;

‘‘(ii) an emissions swap, option, future, or

forward agreement; or

‘‘(jj) an inflation swap, option, future, or

forward agreement;

‘‘(II) any agreement or transaction that is simi-

lar to any other agreement or transaction referred

to in this clause and that is of a type that has

been, is presently, or in the future becomes, the

subject of recurrent dealings in the swap or other

derivatives markets (including terms and condi-

tions incorporated by reference in such agreement)

and that is a forward, swap, future, option or spot

transaction on one or more rates, currencies, com-

modities, equity securities or other equity instru-

ments, debt securities or other debt instruments,

quantitative measures associated with an occur-

rence, extent of an occurrence, or contingency asso-

ciated with a financial, commercial, or economic

consequence, or economic or financial indices or

measures of economic or financial risk or value;

‘‘(III) any combination of agreements or trans-

actions referred to in this clause;

223

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(IV) any option to enter into any agreement or

transaction referred to in this clause;

‘‘(V) a master agreement that provides for an

agreement or transaction referred to in any of sub-

clauses (I) through (IV), together with all supple-

ments to any such master agreement, without re-

gard to whether the master agreement contains an

agreement or transaction that is not a swap agree-

ment under this clause, except that the master

agreement shall be considered to be a swap agree-

ment under this clause only with respect to each

agreement or transaction under the master agree-

ment that is referred to in subclause (I), (II), (III),

or (IV); and

‘‘(VI) any security agreement or arrangement

or other credit enhancement related to any agree-

ments or transactions referred to in any of sub-

clauses (I) through (V), including any guarantee or

reimbursement obligation in connection with any

agreement or transaction referred to in any such

subclause.

‘‘(viii) T

RANSFER

.—The term ‘transfer’ means every

mode, direct or indirect, absolute or conditional, vol-

untary or involuntary, of disposing of or parting with

property or with an interest in property, including re-

tention of title as a security interest and foreclosure of

the equity of redemption of a System institution.

‘‘(ix) T

REATMENT OF MASTER AGREEMENT AS 1

AGREEMENT

.—For purposes of this subparagraph—

‘‘(I) any master agreement for any contract or

agreement described in this subparagraph (or any

master agreement for such a master agreement or

agreements), together with all supplements to the

master agreement, shall be treated as a single

agreement and a single qualified financial contact;

and

‘‘(II) if a master agreement contains provisions

relating to agreements or transactions that are not

qualified financial contracts, the master agreement

shall be deemed to be a qualified financial contract

only with respect to those transactions that are

themselves qualified financial contracts.

‘‘(B) R

IGHTS OF PARTIES TO CONTRACTS

.—Subject to

paragraphs (9) and (10), and notwithstanding any other

provision of this Act (other than subsection (b)(9) and sec-

tion 5.61(d)) or any other Federal or State law, no person

shall be stayed or prohibited from exercising—

‘‘(i) any right such person has to cause the termi-

nation, liquidation, or acceleration of any qualified fi-

nancial contract with a System institution which arises

upon the appointment of the Corporation as receiver for

such System institution at any time after such appoint-

ment;

‘‘(ii) any right under any security agreement or ar-

rangement or other credit enhancement related to one

224

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

or more qualified financial contracts described in

clause (i); or

‘‘(iii) any right to offset or net out any termination

value, payment amount, or other transfer obligation

arising under, or in connection with, 1 or more con-

tracts and agreements described in clause (i), including

any master agreement for such contracts or agree-

ments.

‘‘(C) A

PPLICABILITY OF OTHER PROVISIONS

.—Subsection

(b)(12) shall apply in the case of any judicial action or pro-

ceeding brought against any receiver referred to in sub-

paragraph (A), or the System institution for which such re-

ceiver was appointed, by any party to a contract or agree-

ment described in subparagraph (B)(i) with such System

institution.

‘‘(D) C

ERTAIN TRANSFERS NOT AVOIDABLE

.—

‘‘(i) I

N GENERAL

.—Notwithstanding paragraph (11)

or any other Federal or State law relating to the avoid-

ance of preferential or fraudulent transfers, the Cor-

poration, whether acting as such or as conservator or

receiver of a System institution, may not avoid any

transfer of money or other property in connection with

any qualified financial contract with a System institu-

tion.

‘‘(ii) E

XCEPTION FOR CERTAIN TRANSFERS

.—Clause

(i) shall not apply to any transfer of money or other

property in connection with any qualified financial

contract with a System institution if the Corporation

determines that the transferee had actual intent to

hinder, delay, or defraud such System institution, the

creditors of such System institution, or any conservator

or receiver appointed for such System institution.

‘‘(E) C

ERTAIN PROTECTIONS IN EVENT OF APPOINTMENT

OF CONSERVATOR

.—Notwithstanding any other provision of

this Act (other than subparagraph (G), paragraph (10),

subsection (b)(9), and section 5.61(d)) or any other Federal

or State law, no person shall be stayed or prohibited from

exercising—

‘‘(i) any right such person has to cause the termi-

nation, liquidation, or acceleration of any qualified fi-

nancial contract with a System institution in a con-

servatorship based upon a default under such financial

contract which is enforceable under applicable non-

insolvency law;

‘‘(ii) any right under any security agreement or ar-

rangement or other credit enhancement related to one

or more qualified financial contracts described in

clause (i); and

‘‘(iii) any right to offset or net out any termination

values, payment amounts, or other transfer obligations

arising under or in connection with such qualified fi-

nancial contracts.

‘‘(F) C

LARIFICATION

.—No provision of law shall be con-

strued as limiting the right or power of the Corporation, or

authorizing any court or agency to limit or delay, in any

225

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

manner, the right or power of the Corporation to transfer

any qualified financial contract in accordance with para-

graphs (9) and (10) or to disaffirm or repudiate any such

contract in accordance with paragraph (1).

‘‘(G) W

ALKAWAY CLAUSES NOT EFFECTIVE

.—

‘‘(i) D

EFINITION OF WALKAWAY CLAUSE

.—In this

subparagraph, the term ‘walkaway clause’ means any

provision in a qualified financial contract that sus-

pends, conditions, or extinguishes a payment obligation

of a party, in whole or in part, or does not create a pay-

ment obligation of a party that would otherwise exist—

‘‘(I) solely because of—

‘‘(aa) the status of the party as a non-

defaulting party in connection with the insol-

vency of a System institution that is a party to

the contract; or

‘‘(bb) the appointment of, or the exercise of

rights or powers by, the Corporation as a con-

servator or receiver of the System institution;

and

‘‘(II) not as a result of the exercise by a party

of any right to offset, setoff, or net obligations that

exist under—

‘‘(aa) the contract;

‘‘(bb) any other contract between those

parties; or

‘‘(cc) applicable law.

‘‘(ii) T

REATMENT

.—Notwithstanding the provisions

of subparagraphs (B) and (E), no walkaway clause

shall be enforceable in a qualified financial contract of

a System institution in default.

‘‘(iii) L

IMITED SUSPENSION OF CERTAIN OBLIGA

TIONS

.—In the case of a qualified financial contract re-

ferred to in clause (ii), any payment or delivery obliga-

tions otherwise due from a party pursuant to the quali-

fied financial contract shall be suspended from the

time the receiver is appointed until the earlier of—

‘‘(I) the time such party receives notice that

such contract has been transferred pursuant to

subparagraph (B); or

‘‘(II) 5:00 p.m. (eastern time) on the business

day following the date of the appointment of the

receiver.

‘‘(H) R

ECORDKEEPING REQUIREMENTS

.—The Corpora-

tion, in consultation with the Farm Credit Administration,

may prescribe regulations requiring more detailed record-

keeping by any System institution with respect to qualified

financial contracts (including market valuations), only if

such System institution is subject to subclause (I), (III), or

(IV) of section 5.61B(a)(1)(A)(ii).

‘‘(9) T

RANSFER OF QUALIFIED FINANCIAL CONTRACTS

.—

‘‘(A) D

EFINITIONS

.—In this paragraph:

‘‘(i) C

LEARING ORGANIZATION

.—The term ‘clearing

organization’ has the meaning given the term in section

226

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

402 of the Federal Deposit Insurance Corporation Im-

provement Act of 1991 (12 U.S.C. 4402).

‘‘(ii) F

INANCIAL INSTITUTION

.—The term ‘financial

institution’ means a System institution, a broker or

dealer, a depository institution, a futures commission

merchant, or any other institution, as determined by

the Corporation by regulation to be a financial institu-

tion.

‘‘(B) R

EQUIREMENT

.—In making any transfer of assets

or liabilities of a System institution in default which in-

cludes any qualified financial contract, the conservator or

receiver for such System institution shall either—

‘‘(i) transfer to one financial institution, other than

a financial institution for which a conservator, re-

ceiver, trustee in bankruptcy, or other legal custodian

has been appointed, or that is otherwise the subject of

a bankruptcy or insolvency proceeding—

‘‘(I) all qualified financial contracts between

any person or any affiliate of such person and the

System institution in default;

‘‘(II) all claims of such person or any affiliate

of such person against such System institution

under any such contract (other than any claim

which, under the terms of any such contract, is

subordinated to the claims of general unsecured

creditors of such System institution);

‘‘(III) all claims of such System institution

against such person or any affiliate of such person

under any such contract; and

‘‘(IV) all property securing or any other credit

enhancement for any contract described in sub-

clause (I) or any claim described in subclause (II)

or (III) under any such contract; or

‘‘(ii) transfer none of the qualified financial con-

tracts, claims, property or other credit enhancement re-

ferred to in clause (i) (with respect to such person and

any affiliate of such person).

‘‘(C) T

RANSFER TO FOREIGN BANK

FOREIGN FINANCIAL

INSTITUTION

OR BRANCH OR AGENCY OF A FOREIGN BANK

OR FINANCIAL INSTITUTION

.—In transferring any qualified

financial contracts and related claims and property under

subparagraph (B)(i), the conservator or receiver for the Sys-

tem institution shall not make such transfer to a foreign

bank, financial institution organized under the laws of a

foreign country, or a branch or agency of a foreign bank or

financial institution unless, under the law applicable to

such bank, financial institution, branch or agency, to the

qualified financial contracts, and to any netting contract,

any security agreement or arrangement or other credit en-

hancement related to one or more qualified financial con-

tracts, the contractual rights of the parties to such qualified

financial contracts, netting contracts, security agreements

or arrangements, or other credit enhancements are enforce-

able substantially to the same extent as permitted under

this section.

227

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(D) T

RANSFER OF CONTRACTS SUBJECT TO THE RULES

OF A CLEARING ORGANIZATION

.—In the event that a conser-

vator or receiver transfers any qualified financial contract

and related claims, property, and credit enhancements pur-

suant to subparagraph (B)(i) and such contract is cleared

by or subject to the rules of a clearing organization, the

clearing organization shall not be required to accept the

transferee as a member by virtue of the transfer.

‘‘(10) N

OTIFICATION OF TRANSFER

.—

‘‘(A) D

EFINITION OF BUSINESS DAY

.—In this paragraph,

the term ‘business day’ means any day other than any Sat-

urday, Sunday, or any day on which either the New York

Stock Exchange or the Federal Reserve Bank of New York

is closed.

‘‘(B) N

OTIFICATION

.—If—

‘‘(i) the conservator or receiver for a System institu-

tion in default makes any transfer of the assets and li-

abilities of such System institution; and

‘‘(ii) the transfer includes any qualified financial

contract, the conservator or receiver shall notify any

person who is a party to any such contract of such

transfer by 5:00 p.m. (eastern time) on the business day

following the date of the appointment of the receiver in

the case of a receivership, or the business day following

such transfer in the case of a conservatorship.

‘‘(C) C

ERTAIN RIGHTS NOT ENFORCEABLE

.—

‘‘(i) R

ECEIVERSHIP

.—A person who is a party to a

qualified financial contract with a System institution

may not exercise any right that such person has to ter-

minate, liquidate, or net such contract under para-

graph (8)(B) of this subsection, solely by reason of or

incidental to the appointment of a receiver for the Sys-

tem institution (or the insolvency or financial condition

of the System institution for which the receiver has

been appointed)—

‘‘(I) until 5:00 p.m. (eastern time) on the busi-

ness day following the date of the appointment of

the receiver; or

‘‘(II) after the person has received notice that

the contract has been transferred pursuant to

paragraph (9)(B).

‘‘(ii) C

ONSERVATORSHIP

.—A person who is a party

to a qualified financial contract with a System institu-

tion may not exercise any right that such person has to

terminate, liquidate, or net such contract under para-

graph (8)(E) of this subsection, solely by reason of or

incidental to the appointment of a conservator for the

System institution (or the insolvency or financial condi-

tion of the System institution for which the conservator

has been appointed).

‘‘(iii) N

OTICE

.—For purposes of this paragraph, the

Corporation as receiver or conservator of a System in-

stitution shall be deemed to have notified a person who

is a party to a qualified financial contract with such

System institution if the Corporation has taken steps

228

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

reasonably calculated to provide notice to such person

by the time specified in subparagraph (B).

‘‘(D) T

REATMENT OF BRIDGE SYSTEM INSTITUTIONS

.—

The following System institutions shall not be considered to

be a financial institution for which a conservator, receiver,

trustee in bankruptcy, or other legal custodian has been ap-

pointed or which is otherwise the subject of a bankruptcy

or insolvency proceeding for purposes of paragraph (9):

‘‘(i) A bridge System bank.

‘‘(ii) A System institution organized by the Cor-

poration or the Farm Credit Administration, for which

a conservator is appointed either—

‘‘(I) immediately upon the organization of the

System institution; or

‘‘(II) at the time of a purchase and assumption

transaction between the System institution and the

Corporation as receiver for a System institution in

default.

‘‘(11) D

ISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINAN

CIAL CONTRACTS

.—In exercising the rights of disaffirmance or

repudiation of a conservator or receiver with respect to any

qualified financial contract to which a System institution is a

party, the conservator or receiver for such System institution

shall either—

‘‘(A) disaffirm or repudiate all qualified financial con-

tracts between—

‘‘(i) any person or any affiliate of such person; and

‘‘(ii) the System institution in default; or

‘‘(B) disaffirm or repudiate none of the qualified finan-

cial contracts referred to in subparagraph (A) (with respect

to such person or any affiliate of such person).

‘‘(12) C

ERTAIN SECURITY INTERESTS NOT AVOIDABLE

.—No

provision of this subsection shall be construed as permitting the

avoidance of any legally enforceable or perfected security inter-

est in any of the assets of any System institution except where

such an interest is taken in contemplation of the System institu-

tion’s insolvency or with the intent to hinder, delay, or defraud

the System institution or the creditors of such System institu-

tion.

‘‘(13) A

UTHORITY TO ENFORCE CONTRACTS

.—

‘‘(A) I

N GENERAL

.—The conservator or receiver may en-

force any contract, other than a director’s or officer’s liabil-

ity insurance contract or a System institution bond, entered

into by the System institution notwithstanding any provi-

sion of the contract providing for termination, default, ac-

celeration, or exercise of rights upon, or solely by reason of,

insolvency or the appointment of or the exercise of rights or

powers by a conservator or receiver.

‘‘(B) C

ERTAIN RIGHTS NOT AFFECTED

.—No provision of

this paragraph may be construed as impairing or affecting

any right of the conservator or receiver to enforce or recover

under a director’s or officer’s liability insurance contract or

institution bond under other applicable law.

‘‘(C) C

ONSENT REQUIREMENT

.—

229

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(i) I

N GENERAL

.—Except as otherwise provided by

this section, no person may exercise any right or power

to terminate, accelerate, or declare a default under any

contract to which the System institution is a party, or

to obtain possession of or exercise control over any

property of the System institution or affect any contrac-

tual rights of the System institution, without the con-

sent of the conservator or receiver, as appropriate, dur-

ing the 45-day period beginning on the date of the ap-

pointment of the conservator, or during the 90-day pe-

riod beginning on the date of the appointment of the re-

ceiver, as applicable.

‘‘(ii) C

ERTAIN EXCEPTIONS

.—No provision of this

subparagraph shall apply to a director or officer liabil-

ity insurance contract or an institution bond, to the

rights of parties to certain qualified financial contracts

pursuant to paragraph (8), or shall be construed as

permitting the conservator or receiver to fail to comply

with otherwise enforceable provisions of such contract.

‘‘(14) E

XCEPTION FOR FEDERAL RESERVE AND THE UNITED

STATES TREASURY

.—No provision of this subsection shall apply

with respect to—

‘‘(A) any extension of credit from any Federal Reserve

bank or the United States Treasury to any System institu-

tion; or

‘‘(B) any security interest in the assets of the System in-

stitution securing any such extension of credit.

‘‘(15) S

AVINGS CLAUSE

.—The meanings of terms used in

this subsection—

‘‘(A) are applicable for purposes of this subsection only;

and

‘‘(B) shall not be construed or applied so as to chal-

lenge or affect the characterization, definition, or treatment

of any similar terms under any other law, regulation, or

rule, including—

‘‘(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811

note; Public Law 106–102);

‘‘(ii) the Legal Certainty for Bank Products Act of

2000 (7 U.S.C. 27 et seq.);

‘‘(iii) the securities laws (as that term is defined in

section 3(a) of the Securities Exchange Act of 1934 (15

U.S.C. 78c(a))); and

‘‘(iv) the Commodity Exchange Act (7 U.S.C. 1 et

seq.).

‘‘(d) V

ALUATION OF

LAIMS IN

EFAULT

.—

‘‘(1) I

N GENERAL

.—Notwithstanding any other provision of

Federal law or the law of any State and regardless of the meth-

od which the Corporation determines to utilize with respect to

a System institution in default or in danger of default, includ-

ing transactions authorized under subsection (h) and section

5.61(a), this subsection shall govern the rights of the creditors

of such System institution.

‘‘(2) M

AXIMUM LIABILITY

.—The maximum liability of the

Corporation, acting as receiver or in any other capacity, to any

person having a claim against the receiver or the System insti-

230

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

tution for which such receiver is appointed shall equal the

amount such claimant would have received if the Corporation

had liquidated the assets and liabilities of such System institu-

tion without exercising the Corporation’s authority under sub-

section (h) or section 5.61(a).

‘‘(3) A

DDITIONAL PAYMENTS AUTHORIZED

.—

‘‘(A) I

N GENERAL

.—The Corporation may, in its discre-

tion and in the interests of minimizing its losses, use its

own resources to make additional payments or credit addi-

tional amounts to or with respect to or for the account of

any claimant or category of claimants. Notwithstanding

any other provision of Federal or State law, or the constitu-

tion of any State, the Corporation shall not be obligated, as

a result of having made any such payment or credited any

such amount to or with respect to or for the account of any

claimant or category of claimants, to make payments to any

other claimant or category of claimants.

‘‘(B) M

ANNER OF PAYMENT

.—The Corporation may

make the payments or credit the amounts specified in sub-

paragraph (A) directly to the claimants or may make such

payments or credit such amounts to an open System insti-

tution to induce such System institution to accept liability

for such claims.

‘‘(e) L

IMITATION ON

OURT

CTION

.—Except as provided in this

section, no court may take any action, except at the written request

of the Board of Directors, to restrain or affect the exercise of powers

or functions of the Corporation as a conservator or a receiver.

‘‘(f) L

IABILITY OF

IRECTORS AND

FFICERS

.—

‘‘(1) I

N GENERAL

.—A director or officer of a System institu-

tion may be held personally liable for monetary damages in any

civil action—

‘‘(A) brought by, on behalf of, or at the request or direc-

tion of the Corporation;

‘‘(B) prosecuted wholly or partially for the benefit of the

Corporation—

‘‘(i) acting as conservator or receiver of that System

institution;

‘‘(ii) acting based on a suit, claim, or cause of ac-

tion purchased from, assigned by, or otherwise con-

veyed by that receiver or conservator; or

‘‘(iii) acting based on a suit, claim, or cause of ac-

tion purchased from, assigned by, or otherwise con-

veyed in whole or in part by a System institution or an

affiliate of a System institution in connection with as-

sistance provided under section 5.61(a); and

‘‘(C) for, as determined under the applicable State

law—

‘‘(i) gross negligence; or

‘‘(ii) any similar conduct, including conduct that

demonstrates a greater disregard of a duty of care than

gross negligence, such as intentional tortious conduct.

‘‘(2) E

FFECT

.—Nothing in paragraph (1) impairs or affects

any right of the Corporation under any other applicable law.

‘‘(g) D

AMAGES

.—In any proceeding related to any claim against

a System institution’s director, officer, employee, agent, attorney, ac-

231

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

countant, appraiser, or any other party employed by or providing

services to a System institution, recoverable damages determined to

result from the improvident or otherwise improper use or investment

of any System institution’s assets shall include principal losses and

appropriate interest.

‘‘(h) B

RIDGE

ARM

REDIT

YSTEM

ANKS

.—

‘‘(1) O

RGANIZATION

.—

‘‘(A) P

URPOSE

.—

‘‘(i) I

N GENERAL

.—When 1 or more System banks

are in default, or when the Corporation anticipates

that 1 or more System banks may become in default,

the Corporation may, in its discretion, organize, and

the Farm Credit Administration may, in its discretion,

charter, 1 or more System banks, with the powers and

attributes of System banks, subject to the provisions of

this subsection, to be referred to as ‘bridge System

banks’.

‘‘(ii) I

NTENT OF CONGRESS

.—It is the intent of the

Congress that, in order to prevent unnecessary hard-

ship or losses to the customers of any System bank in

default with respect to which a bridge System bank is

chartered, the Corporation should—

‘‘(I) continue to honor commitments made by

the System bank in default to creditworthy cus-

tomers; and

‘‘(II) not interrupt or terminate adequately se-

cured loans which are transferred under this sub-

section and are being repaid by the debtor in ac-

cordance with the terms of the loan instrument.

‘‘(B) A

UTHORITIES

.—Once chartered by the Farm Credit

Administration, the bridge System bank may—

‘‘(i) assume such liabilities of the System bank or

banks in default or in danger of default as the Cor-

poration may, in its discretion, determine to be appro-

priate;

‘‘(ii) purchase such assets of the System bank or

banks in default or in danger of default as the Cor-

poration may, in its discretion, determine to be appro-

priate; and

‘‘(iii) perform any other temporary function which

the Corporation may, in its discretion, prescribe in ac-

cordance with this Act.

‘‘(C) A

RTICLES OF ASSOCIATION

.—The articles of asso-

ciation and organization certificate of a bridge System

bank as approved by the Corporation shall be executed by

3 representatives designated by the Corporation.

‘‘(D) I

NTERIM DIRECTORS

.—A bridge System bank shall

have an interim board of directors consisting of not fewer

than 5 nor more than 10 members appointed by the Cor-

poration.

‘‘(2) C

HARTERING

.—

‘‘(A) C

ONDITIONS

.—The Farm Credit Administration

may charter a bridge System bank only if the Board of Di-

rectors determines that—

232

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(i) the amount which is reasonably necessary to

operate such bridge System bank will not exceed the

amount which is reasonably necessary to save the cost

of liquidating 1 or more System banks in default or in

danger of default with respect to which the bridge Sys-

tem bank is chartered;

‘‘(ii) the continued operation of such System bank

or banks in default or in danger of default with respect

to which the bridge System bank is chartered is essen-

tial to provide adequate farm credit services in the 1 or

more communities where each such System bank in de-

fault or in danger of default is or was providing those

farm credit services; or

‘‘(iii) the continued operation of such System bank

or banks in default or in danger of default with respect

to which the bridge System bank is chartered is in the

best interest of the Farm Credit System or the public.

‘‘(B) B

RIDGE SYSTEM BANK TREATED AS BEING IN DE

FAULT FOR CERTAIN PURPOSES

.—A bridge System bank

shall be treated as being in default at such times and for

such purposes as the Corporation may, in its discretion, de-

termine.

‘‘(C) M

ANAGEMENT

.—A bridge System bank, upon the

granting of its charter, shall be under the management of

a board of directors consisting of not fewer than 5 nor more

than 10 members appointed by the Corporation, in con-

sultation with the Farm Credit Administration.

‘‘(D) B

YLAWS

.—The board of directors of a bridge Sys-

tem bank shall adopt such bylaws as may be approved by

the Corporation.

‘‘(3) T

RANSFER OF ASSETS AND LIABILITIES

.—

‘‘(A) T

RANSFER UPON GRANT OF CHARTER

.—Upon the

granting of a charter to a bridge System bank pursuant to

this subsection, the Corporation, as receiver, may transfer

any assets and liabilities of the System bank to the bridge

System bank in accordance with paragraph (1).

‘‘(B) S

UBSEQUENT TRANSFERS

.—At any time after a

charter is granted to a bridge System bank, the Corpora-

tion, as receiver, may transfer any assets and liabilities of

such System bank in default as the Corporation may, in its

discretion, determine to be appropriate in accordance with

paragraph (1).

‘‘(C) E

FFECTIVE WITHOUT APPROVAL

.—The transfer of

any assets or liabilities of a System bank in default or dan-

ger of default transferred to a bridge System bank shall be

effective without any further approval under Federal or

State law, assignment, or consent with respect thereto.

‘‘(4) P

OWERS OF BRIDGE SYSTEM BANKS

.—Each bridge Sys-

tem bank chartered under this subsection shall, to the extent de-

scribed in the charter of the System bank in default with re-

spect to which the bridge System bank is chartered, have all

corporate powers of, and be subject to the same provisions of

law as, any System bank, except that—

‘‘(A) the Corporation may—

233

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(i) remove the interim directors and directors of a

bridge System bank;

‘‘(ii) fix the compensation of members of the in-

terim board of directors and the board of directors and

senior management, as determined by the Corporation

in its discretion, of a bridge System bank; and

‘‘(iii) waive any requirement established under

Federal or State law which would otherwise be appli-

cable with respect to directors of a bridge System bank,

on the condition that the waiver of any requirement es-

tablished by the Farm Credit Administration shall re-

quire the concurrence of the Farm Credit Administra-

tion;

‘‘(B) the Corporation may indemnify the representatives

for purposes of paragraph (1)(B) and the interim directors,

directors, officers, employees, and agents of a bridge System

bank on such terms as the Corporation determines to be ap-

propriate;

‘‘(C) no requirement under any provision of law relat-

ing to the capital of a System institution shall apply with

respect to a bridge System bank;

‘‘(D) the Farm Credit Administration Board may estab-

lish a limitation on the extent to which any person may be-

come indebted to a bridge System bank without regard to

the amount of the bridge System bank’s capital or surplus;

‘‘(E)(i) the board of directors of a bridge System bank

shall elect a chairperson who may also serve in the position

of chief executive officer, except that such person shall not

serve either as chairperson or as chief executive officer with-

out the prior approval of the Corporation; and

‘‘(ii) the board of directors of a bridge System bank

may appoint a chief executive officer who is not also the

chairperson, except that such person shall not serve as chief

executive officer without the prior approval of the Corpora-

tion;

‘‘(F) the Farm Credit Administration may waive any

requirement for a fidelity bond with respect to a bridge Sys-

tem bank at the request of the Corporation;

‘‘(G) any judicial action to which a bridge System bank

becomes a party by virtue of its acquisition of any assets or

assumption of any liabilities of a System bank in default

shall be stayed from further proceedings for a period of up

to 45 days at the request of the bridge System bank;

‘‘(H) no agreement which tends to diminish or defeat

the right, title or interest of a bridge System bank in any

asset of a System bank in default acquired by it shall be

valid against the bridge System bank unless such agree-

ment—

‘‘(i) is in writing;

‘‘(ii) was executed by such System bank in default

and the person or persons claiming an adverse interest

thereunder, including the obligor, contemporaneously

with the acquisition of the asset by such System bank

in default;

234

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(iii) was approved by the board of directors of

such System bank in default or its loan committee,

which approval shall be reflected in the minutes of

said board or committee; and

‘‘(iv) has been, continuously from the time of its

execution, an official record of such System bank in de-

fault;

‘‘(I) notwithstanding subsection 5.61(d)(2), any agree-

ment relating to an extension of credit between a System

bank, Federal Reserve bank, or the United States Treasury

and any System institution which was executed before the

extension of credit by such lender to such System institu-

tion shall be treated as having been executed contempora-

neously with such extension of credit for purposes of sub-

paragraph (H); and

‘‘(J) except with the prior approval of the Corporation

and the concurrence of the Farm Credit Administration, a

bridge System bank may not, in any transaction or series

of transactions, issue capital stock or be a party to any

merger, consolidation, disposition of substantially all of the

assets or liabilities of the bridge System bank, sale or ex-

change of capital stock, or similar transaction, or change

its charter.

‘‘(5) C

APITAL

.—

‘‘(A) N

O CAPITAL REQUIRED

.—The Corporation shall not

be required to—

‘‘(i) issue any capital stock on behalf of a bridge

System bank chartered under this subsection; or

‘‘(ii) purchase any capital stock of a bridge System

bank, except that notwithstanding any other provision

of Federal or State law, the Corporation may purchase

and retain capital stock of a bridge System bank in

such amounts and on such terms as the Corporation,

in its discretion, determines to be appropriate.

‘‘(B) O

PERATING FUNDS IN LIEU OF CAPITAL

.—Upon the

organization of a bridge System bank, and thereafter, as

the Corporation may, in its discretion, determine to be nec-

essary or advisable, the Corporation may make available to

the bridge System bank, upon such terms and conditions

and in such form and amounts as the Corporation may in

its discretion determine, funds for the operation of the

bridge System bank in lieu of capital.

‘‘(C) A

UTHORITY TO ISSUE CAPITAL STOCK

.—Whenever

the Farm Credit Administration Board determines it is ad-

visable to do so, the Corporation shall cause capital stock

of a bridge System bank to be issued and offered for sale

in such amounts and on such terms and conditions as the

Corporation may, in its discretion, determine.

‘‘(6) E

MPLOYEE STATUS

.—Representatives for purposes of

paragraph (1)(C), interim directors, directors, officers, employ-

ees, or agents of a bridge System bank are not, solely by virtue

of service in any such capacity, officers or employees of the

United States. Any employee of the Corporation, the Farm Cred-

it Administration, or any Federal instrumentality who serves at

the request of the Corporation as a representative for purposes

235

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

of paragraph (1)(C), interim director, director, officer, employee,

or agent of a bridge System bank shall not—

‘‘(A) solely by virtue of service in any such capacity lose

any existing status as an officer or employee of the United

States for purposes of any provision of law; or

‘‘(B) receive any salary or benefits for service in any

such capacity with respect to a bridge System bank in addi-

tion to such salary or benefits as are obtained through em-

ployment with the Corporation or such Federal instrumen-

tality.

‘‘(7) A

SSISTANCE AUTHORIZED

.—The Corporation may, in its

discretion, provide assistance under section 5.61(a) to facilitate

any merger or consolidation of a bridge System bank in the

same manner and to the same extent as such assistance may be

provided to a qualifying insured System bank (as defined in

section 5.61(a)(2)(B)) or to facilitate a bridge System bank’s ac-

quisition of any assets or the assumption of any liabilities of a

System bank in default or in danger of default.

‘‘(8) D

URATION OF BRIDGE SYSTEM BANKS

.—Subject to para-

graphs (10) and (11), the status of a bridge System bank as

such shall terminate at the end of the 2-year period following

the date it was granted a charter. The Farm Credit Administra-

tion Board may, in its discretion, extend the status of the bridge

System bank as such for 3 additional 1-year periods.

‘‘(9) T

ERMINATION OF BRIDGE SYSTEM BANKS STATUS

.—The

status of any bridge System bank as such shall terminate upon

the earliest of—

‘‘(A) the merger or consolidation of the bridge System

bank with a System institution that is not a bridge System

bank, on the condition that the merger or consolidation

shall be subject to the approval of the Farm Credit Admin-

istration;

‘‘(B) at the election of the Corporation and with the ap-

proval of the Farm Credit Administration, the sale of a ma-

jority or all of the capital stock of the bridge System bank

to a System institution or another bridge System bank;

‘‘(C) at the election of the Corporation, and with the ap-

proval of the Farm Credit Administration, either the as-

sumption of all or substantially all of the liabilities of the

bridge System bank, or the acquisition of all or substan-

tially all of the assets of the bridge System bank, by a Sys-

tem institution that is not a bridge System bank or other

entity as permitted under applicable law; and

‘‘(D) the expiration of the period provided in paragraph

(8), or the earlier dissolution of the bridge System bank as

provided in paragraph (11).

‘‘(10) E

FFECT OF TERMINATION EVENTS

.—

‘‘(A) M

ERGER OR CONSOLIDATION

.—A bridge System

bank that participates in a merger or consolidation as pro-

vided in paragraph (9)(A) shall be for all purposes a Sys-

tem institution, with all the rights, powers, and privileges

thereof, and such merger or consolidation shall be con-

ducted in accordance with, and shall have the effect pro-

vided in, the provisions of applicable law.

236

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(B) C

HARTER CONVERSION

.—Following the sale of a

majority or all of the capital stock of the bridge System

bank as provided in paragraph (9)(B), the Farm Credit Ad-

ministration Board may amend the charter of the bridge

System bank to reflect the termination of the status of the

bridge System bank as such, whereupon the System bank

shall remain a System bank, with all of the rights, powers,

and privileges thereof, subject to all laws and regulations

applicable thereto.

‘‘(C) A

SSUMPTION OF LIABILITIES AND SALE OF AS

SETS

.—Following the assumption of all or substantially all

of the liabilities of the bridge System bank, or the sale of

all or substantially all of the assets of the bridge System

bank, as provided in paragraph (9)(C), at the election of the

Corporation, the bridge System bank may retain its status

as such for the period provided in paragraph (8).

‘‘(D) A

MENDMENTS TO CHARTER

.—Following the con-

summation of a transaction described in subparagraph (A),

(B), or (C) of paragraph (9), the charter of the resulting

System institution shall be amended by the Farm Credit

Administration to reflect the termination of bridge System

bank status, if appropriate.

‘‘(11) D

ISSOLUTION OF BRIDGE SYSTEM BANK

.—

‘‘(A) I

N GENERAL

.—Notwithstanding any other provi-

sion of State or Federal law, if the bridge System bank’s

status as such has not previously been terminated by the

occurrence of an event specified in subparagraph (A), (B),

or (C) of paragraph (9)—

‘‘(i) the Corporation, after consultation with the

Farm Credit Administration, may, in its discretion,

dissolve a bridge System bank in accordance with this

paragraph at any time; and

‘‘(ii) the Corporation, after consultation with the

Farm Credit Administration, shall promptly commence

dissolution proceedings in accordance with this para-

graph upon the expiration of the 2-year period fol-

lowing the date the bridge System bank was chartered,

or any extension thereof, as provided in paragraph (8).

‘‘(B) P

ROCEDURES

.—The Farm Credit Administration

Board shall appoint the Corporation as receiver for a

bridge System bank upon determining to dissolve the

bridge System bank. The Corporation as such receiver shall

wind up the affairs of the bridge System bank in con-

formity with the provisions of law relating to the liquida-

tion of closed System banks. With respect to any such

bridge System bank, the Corporation as such receiver shall

have all the rights, powers, and privileges and shall per-

form the duties related to the exercise of such rights, pow-

ers, or privileges granted by law to a receiver of any in-

sured System bank and, notwithstanding any other provi-

sion of law in the exercise of such rights, powers, and privi-

leges, the Corporation shall not be subject to the direction

or supervision of any State agency or other Federal agency.

‘‘(12) M

ULTIPLE BRIDGE SYSTEM BANKS

.—The Corporation

may, in the Corporation’s discretion, organize, and the Farm

237

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

Credit Administration may, in its discretion, charter, 2 or more

bridge System banks under this subsection to assume any li-

abilities and purchase any assets of a single System institution

in default.

‘‘(i) C

ERTAIN

ALES OF

SSETS

ROHIBITED

.—

‘‘(1) P

ERSONS WHO ENGAGED IN IMPROPER CONDUCT WITH

OR CAUSED LOSSES TO

SYSTEM INSTITUTIONS

.—The Corpora-

tion shall prescribe regulations which, at a minimum, shall

prohibit the sale of assets of a failed System institution by the

Corporation to—

‘‘(A) any person who—

‘‘(i) has defaulted, or was a member of a partner-

ship or an officer or director of a corporation that has

defaulted, on 1 or more obligations the aggregate

amount of which exceed $1,000,000, to such failed Sys-

tem institution;

‘‘(ii) has been found to have engaged in fraudulent

activity in connection with any obligation referred to in

clause (i); and

‘‘(iii) proposes to purchase any such asset in whole

or in part through the use of the proceeds of a loan or

advance of credit from the Corporation or from any

System institution for which the Corporation has been

appointed as conservator or receiver;

‘‘(B) any person who participated, as an officer or di-

rector of such failed System institution or of any affiliate

of such System institution, in a material way in trans-

actions that resulted in a substantial loss to such failed

System institution;

‘‘(C) any person who has been removed from, or prohib-

ited from participating in the affairs of, such failed System

institution pursuant to any final enforcement action by the

Farm Credit Administration;

‘‘(D) any person who has demonstrated a pattern or

practice of defalcation regarding obligations to such failed

System institution; or

‘‘(E) any person who is in default on any loan or other

extension of credit from such failed System institution

which, if not paid, will cause substantial loss to the System

institution or the Corporation.

‘‘(2) D

EFAULTED DEBTORS

.—Except as provided in para-

graph (3), any person who is in default on any loan or other

extension of credit from the System institution, which, if not

paid, will cause substantial loss to the System institution or the

Corporation, may not purchase any asset from the conservator

or receiver.

‘‘(3) S

ETTLEMENT OF CLAIMS

.—Paragraph (1) shall not

apply to the sale or transfer by the Corporation of any asset of

any System institution to any person if the sale or transfer of

the asset resolves or settles, or is part of the resolution or settle-

ment, of—

‘‘(A) 1 or more claims that have been, or could have

been, asserted by the Corporation against the person; or

‘‘(B) obligations owed by the person to any System in-

stitution, or the Corporation.

238

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

‘‘(4) D

EFINITION OF DEFAULT

.—For purposes of this sub-

section, the term ‘default’ means a failure to comply with the

terms of a loan or other obligation to such an extent that the

property securing the obligation is foreclosed upon.

‘‘(j) E

XPEDITED

ROCEDURES FOR

ERTAIN

LAIMS

.—

‘‘(1) T

IME FOR FILING NOTICE OF APPEAL

.—The notice of ap-

peal of any order, whether interlocutory or final, entered in any

case brought by the Corporation against a System institution’s

director, officer, employee, agent, attorney, accountant, or ap-

praiser or any other person employed by or providing services

to a System institution shall be filed not later than 30 days

after the date of entry of the order. The hearing of the appeal

shall be held not later than 120 days after the date of the notice

of appeal. The appeal shall be decided not later than 180 days

after the date of the notice of appeal.

‘‘(2) S

CHEDULING

.—A court of the United States shall expe-

dite the consideration of any case brought by the Corporation

against a System institution’s director, officer, employee, agent,

attorney, accountant, or appraiser or any other person employed

by or providing services to a System institution. As far as prac-

ticable the court shall give such case priority on its docket.

‘‘(3) J

UDICIAL DISCRETION

.—The court may modify the

schedule and limitations stated in paragraphs (1) and (2) in a

particular case, based on a specific finding that the ends of jus-

tice that would be served by making such a modification would

outweigh the best interest of the public in having the case re-

solved expeditiously.

‘‘(k) B

OND

EQUIRED

; A

GENTS

; F

.—The Corporation as

conservator or receiver of a System institution shall not be required

to furnish bond and may appoint an agent or agents to assist in its

duties as such conservator or receiver. All fees, compensation, and

expenses of liquidation and administration shall be fixed by the

Corporation and may be paid by it out of funds coming into its pos-

session as such conservator or receiver.

‘‘(l) C

ONSULTATION

EGARDING

ONSERVATORSHIPS AND

CEIVERSHIPS

.—To the extent practicable—

‘‘(1) the Farm Credit Administration shall consult with the

Corporation prior to taking a preresolution action concerning a

System institution that may result in a conservatorship or re-

ceivership; and

‘‘(2) the Corporation, acting in the capacity of the Corpora-

tion as a conservator or receiver, shall consult with the Farm

Credit Administration prior to taking any significant action im-

pacting System institutions or service to System borrowers.

‘‘(m) A

PPLICABILITY

.—This section shall become applicable with

respect to the power of the Corporation to act as a conservator or

receiver on the date on which the Farm Credit Administration ap-

points the Corporation as a conservator or receiver under section

4.12 or 8.41.’’.

SEC. 5413. REPORTING.

(a) D

EFINITION OF

ARM

OAN

.—In this section, the term ‘‘farm

loan’’ means—

(1) a farm ownership loan under subtitle A of the Consoli-

dated Farm and Rural Development Act (7 U.S.C. 1922 et seq.);

and

239

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(2) an operating loan under subtitle B of that Act (7 U.S.C.

1941 et seq.).

(b) R

EPORTS

.—

(1) P

REPARATION

.—For each fiscal year, the Secretary shall

prepare a report that includes—

(A) aggregate data based on a review of each out-

standing farm loan made or guaranteed by the Secretary

describing, for the United States and for each State and

county in the United States—

(i) the age of the recipient producer;

(ii) the duration that the recipient producer has en-

gaged in agricultural production;

(iii) the size of the farm or ranch of the recipient

producer;

(iv) the race, ethnicity, and gender of the recipient

producer;

(v) the agricultural commodity or commodities, or

type of enterprise, for which the loan was secured;

(vi) the amount of the farm loan made or guaran-

teed;

(vii) the type of the farm loan made or guaranteed;

and

(viii) the default rate of the farm loan made or

guaranteed;

(B) for each State and county in the United States,

data demonstrating the number of outstanding farm loans

made or guaranteed, according to loan size cohort; and

as measured against target participation rates for begin-

ning and socially disadvantaged farmers, broken down by

State, as described in sections 346(b)(2) and 355 of the

Consolidated Farm and Rural Development Act (7 U.S.C.

1994(b)(2), 2003).

(2) S

UBMISSION OF REPORT

.—The report described in para-

graph (1) shall be—

(A) submitted—

(i) to—

(I) the Committee on Agriculture of the House

of Representatives;

(II) the Committee on Appropriations of the

House of Representatives;

(III) the Committee on Agriculture, Nutrition,

and Forestry of the Senate; and

(IV) the Committee on Appropriations of the

Senate; and

(ii) not later than December 30, 2019, and annu-

ally thereafter; and

(B) made publicly available not later than 90 days

after the date described in subparagraph (A)(ii).

OMPREHENSIVE

EVIEW

.—

(1) I

N GENERAL

.—Not later than 4 years after the date of

enactment of this Act (and every 5 years thereafter), the Sec-

retary shall—

(A) prepare a comprehensive review of all reports sub-

mitted under subsection (b)(2);

240

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(B) identify trends within data outlined in subsection

(b)(1), including the extent to which target annual partici-

pation rates for beginning and socially disadvantaged

farmers (as defined by the Secretary) are being met for each

loan type; and

improve the performance of direct and guaranteed loans

with respect to underserved producers and any rec-

ommendations the Secretary may make for further congres-

sional action.

(2) S

UBMISSION OF COMPREHENSIVE REVIEW

.—The com-

prehensive review described in paragraph (1) shall be—

(A) submitted to—

(i) the Committee on Agriculture of the House of

Representatives;

(ii) the Committee on Appropriations of the House

of Representatives;

(iii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate; and

(iv) the Committee on Appropriations of the Sen-

ate; and

(B) made publicly available not later than 90 days

after the date of submission under subparagraph (A).

(d) P

RIVACY

.—In preparing any report or review under this sec-

tion, the Secretary shall aggregate or de-identify the data in a man-

ner sufficient to ensure that the identity of a recipient producer asso-

ciated with the data cannot be ascertained.

SEC. 5414. STUDY ON LOAN RISK.

(a) S

TUDY

.—The Farm Credit Administration shall conduct a

study that—

(1) analyzes and compares the financial risks inherent in

loans made, held, securitized, or purchased by Farm Credit

banks, associations, and the Federal Agricultural Mortgage

Corporation and how such risks are required to be capitalized

under statute and regulations in effect as of the date of the en-

actment of this Act; and

(2) assesses the feasibility of increasing the acreage excep-

tion provided in section 8.8(c)(2) of the Farm Credit Act of 1971

to 2,000 acres.

(b) T

IMELINE

.—The Farm Credit Administration shall provide

the results of the study required by subsection (a) to the Committee

on Agriculture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate no later than

180 days after the date of the enactment of this Act.

SEC. 5415. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM TO

MEET THE AGRICULTURAL CREDIT NEEDS OF INDIAN

TRIBES AND THEIR MEMBERS.

(a) I

ENERAL

.—The Comptroller General of the United States

shall—

(1) study the agricultural credit needs of farms, ranches,

and related agricultural businesses that are owned or operated

by—

(A) Indian tribes on tribal lands; or

(B) enrolled members of Indian tribes on Indian allot-

ments; and

241

O:\ELT\ELT18A59.xml [file 6 of 13] S.L.C.

(2) determine whether the institutions of the Farm Credit

System have sufficient authority and resources to meet the

needs.

(b) D

EFINITION OF

NDIAN

RIBE

.—In subsection (a), the term

‘‘Indian tribe’’ means an Indian tribal entity that is eligible for

funding and services from the Bureau of Indian Affairs by virtue of

the status of the entity as an Indian tribe.

EPORT TO THE

ONGRESS

.—Within 90 days after the date

of the enactment of this Act, the Comptroller General of the United

States shall prepare and submit to the Committees on Agriculture

and on Natural Resources of the House of Representatives a written

report that contains the findings of the study conducted under sub-

section (a). If the Comptroller General finds that the institutions of

the Farm Credit System do not have sufficient authority or re-

sources to meet the needs referred to in subsection (a), the report

shall include such legislative and other recommendations as the

Comptroller General determines would result in a system under

which the needs are met in an equitable and effective manner.

SEC. 5416. GAO REPORT ON CREDIT SERVICE TO SOCIALLY DISADVAN-

TAGED FARMERS AND RANCHERS.

(a) D

EFINITIONS

.—In this section:

(1) A

GRICULTURAL CREDIT PROVIDER

.—The term ‘‘agricul-

tural credit provider’’ means—

(A) a Farm Credit System institution;

(B) a commercial bank;

(D) a life insurance company; and

(E) any other individual or entity, as determined by the

Comptroller General of the United States.

(2) S

OCIALLY DISADVANTAGED FARMER OR RANCHER

.—The

term ‘‘socially disadvantaged farmer or rancher’’ has the mean-

ing given the term in section 355(e) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 2003(e)).

(b) S

TUDY

.—The Comptroller General of the United States

shall—

(1) conduct a study—

(A) to assess the credit and related services provided by

agricultural credit providers to socially disadvantaged

farmers and ranchers;

(B) to review the overall participation of socially dis-

advantaged farmers and ranchers in the services described

in subparagraph (A); and

ricultural credit to socially disadvantaged farmers and

ranchers; and

(2) provide recommendations on how agricultural credit

providers may improve outreach to socially disadvantaged

farmers and ranchers relating to the availability of credit and

related services.

EPORT

.—Not later than 120 days after the date of enact-

ment of this Act, the Comptroller General of the United States shall

prepare and submit to the Committee on Agriculture of the House

of Representatives and the Committee on Agriculture, Nutrition,

and Forestry of the Senate a report that contains the findings of the

242

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

study conducted under subsection (b)(1) and the recommendations

described in subsection (b)(2).

TITLE VI—RURAL DEVELOPMENT

Subtitle A—Improving Health Outcomes in

Rural America

SEC. 6101. COMBATING SUBSTANCE USE DISORDER IN RURAL AMER-

ICA; PRIORITIZATIONS.

(a) C

OMBATING

UBSTANCE

ISORDER IN

URAL

MER

ICA

.—

(1) P

RIORITIZATIONS

.—The Secretary shall make the fol-

lowing prioritizations and set asides for fiscal years 2019

through 2025:

(A) D

ISTANCE LEARNING AND TELEMEDICINE

.—

(i) S

UBSTANCE USE DISORDER SET

ASIDE

.—Subject

to clause (ii), the Secretary shall make available not

less than 20 percent of amounts made available under

section 2335A of the Food, Agriculture, Conservation,

and Trade Act of 1990 (7 U.S.C. 950aaa-2) for finan-

cial assistance under chapter 1 of subtitle D of title

XXIII of such Act for telemedicine projects that provide

substance use disorder treatment services.

(ii) E

XCEPTION

.—In the case of a fiscal year for

which the Secretary determines that there are not suffi-

cient qualified applicants to receive financial assist-

ance for projects providing substance use disorder

treatment services to reach the 20-percent requirement

under clause (i), the Secretary may make available less

than 20 percent of amounts made available under such

section 2335A for those services.

(B) C

OMMUNITY FACILITIES DIRECT LOANS AND

GRANTS

.—

(i) S

UBSTANCE USE DISORDER SELECTION PRI

ORITY

.—In selecting recipients of direct loans or grants

for the development of essential community facilities

under section 306(a) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1926(a)), the Sec-

retary shall give priority to entities eligible for those di-

rect loans or grants—

(I) to develop facilities to provide substance

use disorder (including opioid substance use dis-

order)—

(aa) prevention services;

(bb) treatment services;

(cc) recovery services; or

(dd) any combination of those services;

and

(II) that employ staff that have appropriate ex-

pertise and training in how to identify and treat

individuals with substance use disorders.

(ii) U

SE OF FUNDS

.—An eligible entity described in

clause (i) that receives a direct loan or grant described

243

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

in that clause may use the direct loan or grant funds

for the development of telehealth facilities and systems

to provide telehealth services for substance use disorder

treatment.

URAL HEALTH AND SAFETY EDUCATION PROGRAMS

;

SUBSTANCE USE DISORDER SELECTION PRIORITY

.—In mak-

ing grants under section 502(i) of the Rural Development

Act of 1972 (7 U.S.C. 2662(i)), the Secretary shall give pri-

ority to an applicant that will use the grant for substance

use disorder education and treatment and the prevention of

substance use disorder.

(2) L

IMITATION ON OTHER REPRIORITIZATIONS

.—For fiscal

years 2019 through 2025, the Secretary shall not make any na-

tional reprioritizations within the Rural Health and Safety

Education Programs, the Community Facilities direct loan and

grant programs, or the Distance Learning and Telemedicine

programs under section 608 of the Rural Development Act of

1972.

(3) T

ECHNICAL AMENDMENTS

.—Title V of the Rural Devel-

opment Act of 1972 (7 U.S.C. 2661 et seq.) is amended—

(A) in section 502, in the matter preceding subsection

(a), by inserting ‘‘(referred to in this title as the ‘Secretary’)’’

after ‘‘Agriculture’’; and

(B) by striking ‘‘Secretary of Agriculture’’ each place it

appears (other than in section 502 in the matter preceding

subsection (a)) and inserting ‘‘Secretary’’.

(b) T

EMPORARY

RIORITIZATION OF

URAL

EALTH

SSIST

ANCE

.—Title VI of the Rural Development Act of 1972 (7 U.S.C.

2204a–2204b) is amended by adding at the end the following:

‘‘SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSIST-

ANCE.

‘‘(a) A

UTHORITY TO

EMPORARILY

RIORITIZE

ERTAIN

URAL

EVELOPMENT

PPLICATIONS

.—Notwithstanding any other provi-

sion of law, the Secretary, after consultation with such public health

officials as may be necessary, may announce through a Federal Reg-

ister notice pursuant to section 553(b)(3)(B) of title 5, United States

Code, a temporary reprioritization, on a national or multistate

basis, for certain rural development loan and grant applications to

assist rural communities in responding to a significant public

health disruption.

‘‘(b) P

UBLIC

EALTH

ISRUPTION

.—For the purposes of this sec-

tion, the term ‘public health disruption’ means an unanticipated in-

crease in mortality or morbidity in rural communities, when com-

pared to non-rural communities, caused by identifiable events, ac-

tions, or behavioral trends, which can be remediated by the pro-

grams of the Rural Development mission area. When measuring a

public health disruption, the Secretary may analyze data on a na-

tional or multi-state basis.

‘‘(c) C

ONTENT OF

NNOUNCEMENT

.—In the announcement, the

Secretary shall—

‘‘(1) describe the nature of the public health disruption, in-

cluding the causes, effects, affected populations, and affected

States;

‘‘(2) explain how the programs of the Department of Agri-

culture will work in remedying the public health disruption;

244

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(3) identify the services, treatments, or infrastructure best

suited to address the public health disruption;

‘‘(4) establish—

‘‘(A) the start and end dates of the reprioritization;

‘‘(B) the programs subject to reprioritization and the

modifications to the application process;

‘‘(C) the process for making reprioritizations for appli-

cable programs;

‘‘(D) the amount of funds set-aside for applicable pro-

grams, except that a set-aside for such a program shall not

be greater than 20 percent of the amounts appropriated for

the program for the fiscal year involved; and

‘‘(E) the region in which the reprioritization is in effect;

and

‘‘(5) instruct program administrators to implement the

reprioritization during the application window or announce-

ment after the announcement takes effect.

‘‘(d) L

IMITATIONS ON

EPRIORITIZATIONS

.—When announcing

the reprioritization, the Secretary shall—

‘‘(1) establish an initial total time period of less than 4

years, except as provided for in subsection (e);

‘‘(2) implement only 1 nationally applicable reprioritization

at a time;

‘‘(3) implement only 1 regionally applicable reprioritization

per State at a time; and

‘‘(4) not use reprioritizations to allocate additional funds to

an affected State.

‘‘(e) E

XTENSION

.—The Secretary may extend an announcement

under subsection (a) for no more than 6 years in total, except that

nothing shall prevent the Secretary from renewing reprioritizations

by making a new announcement under subsection (a).

‘‘(f) R

ESCINDING THE

NNOUNCEMENT

.—The Secretary may re-

scind a reprioritization announcement made under subsection (a) at

any time the Secretary determines that the temporary

reprioritizations are no longer needed or effective.

‘‘(g) N

OTICE

.—Not later than 48 hours after making, extending,

or rescinding an announcement under this section, the Secretary

shall submit to the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and For-

estry of the Senate, and transmit to the Secretary of Health and

Human Services, a written notice of the declaration, extension, or

rescission.’’.

SEC. 6102. DISTANCE LEARNING AND TELEMEDICINE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 2335A of the

Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

950aaa–5) is amended by striking ‘‘$75,000,000 for each of fiscal

years 2014 through 2018’’ and inserting ‘‘$82,000,000 for each of fis-

cal years 2019 through 2023’’.

(b) C

ONFORMING

MENDMENT

.—Section 1(b) of Public Law

102–551 (7 U.S.C. 950aaa note) is amended by striking ‘‘2018’’ and

inserting ‘‘2023’’.

245

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

SEC. 6103. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.

Subtitle D of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1981 et seq.) is amended by inserting after section 341

the following:

‘‘SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.

‘‘Assistance under section 306(a) for a community facility, or

under section 310B, may include the refinancing of a debt obliga-

tion of a rural hospital as an eligible loan or loan guarantee pur-

pose if the assistance would help preserve access to a health service

in a rural community, meaningfully improve the financial position

of the hospital, and otherwise meet the financial feasibility and ade-

quacy of security requirements of the Rural Development Agency.’’.

Subtitle B—Connecting Rural Americans to

High Speed Broadband

SEC. 6201. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES

IN RURAL AREAS.

Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.

950bb) is amended—

(1) in subsection (a), by striking ‘‘provide loans and loan

guarantees’’ and inserting ‘‘provide grants, provide loans, and

provide loan guarantees’’;

(2) in subsection (b)(3)(A)(ii), by inserting ‘‘in the case of a

grant or direct loan,’’ before ‘‘a city’’;

(3) in subsection (c)—

(A) in the subsection heading, by striking ‘‘L

OANS AND

’’

and inserting ‘‘G

RANTS

, L

OANS

AND

’’;

(B) in paragraph (1), by striking ‘‘shall make or guar-

antee loans’’ and inserting ‘‘shall make grants, shall make

loans, and shall guarantee loans’’;

lowing:

‘‘(2) P

RIORITY

.—

‘‘(A) I

N GENERAL

.—In making grants, making loans,

and guaranteeing loans under paragraph (1), the Secretary

shall—

‘‘(i) give the highest priority to applications for

projects to provide broadband service to unserved rural

communities that do not have any residential

broadband service of at least—

‘‘(I) a 10-Mbps downstream transmission ca-

pacity; and

‘‘(II) a 1-Mbps upstream transmission capac-

ity;

‘‘(ii) give priority to applications for projects to pro-

vide the maximum level of broadband service to the

greatest proportion of rural households in the proposed

service area identified in the application;

‘‘(iii) provide equal consideration to all eligible en-

tities, including those that have not previously received

grants, loans, or loan guarantees under paragraph (1);

and

246

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(iv) with respect to 2 or more applications that are

given the same priority under clause (i), give priority to

an application that requests less grant funding than

loan funding.

‘‘(B) O

THER

.—After giving priority to the applications

described in clauses (i) and (ii) of subparagraph (A), the

Secretary shall then give priority to applications—

‘‘(i) for projects to provide broadband service to

rural communities—

‘‘(I) with a population of less than 10,000 per-

manent residents;

‘‘(II) that are experiencing outmigration and

have adopted a strategic community investment

plan under section 379H(d) that includes consider-

ations for improving and expanding broadband

service;

‘‘(III) with a high percentage of low income

families or persons (as defined in section 501(b) of

the Housing Act of 1949 (42 U.S.C. 1471(b));

‘‘(IV) that are isolated from other significant

population centers; or

‘‘(V) that provide rapid and expanded deploy-

ment of fixed and mobile broadband on cropland

and ranchland within a service territory for use in

various applications of precision agriculture; and

‘‘(ii) that were developed with the participation of,

and will receive a substantial portion of the funding

for the project from, 2 or more stakeholders, includ-

ing—

‘‘(I) State, local, and tribal governments;

‘‘(II) nonprofit institutions;

‘‘(III) community anchor institutions, such

as—

‘‘(aa) public libraries;

‘‘(bb) elementary schools and secondary

schools (as defined in section 8101 of the Ele-

mentary and Secondary Education Act of 1965

(20 U.S.C. 7801));

‘‘(cc) institutions of higher education; and

‘‘(dd) health care facilities;

‘‘(IV) private entities;

‘‘(V) philanthropic organizations; and

‘‘(VI) cooperatives.

‘‘(3) G

RANT AMOUNTS

.—

‘‘(A) D

EFINITION OF DEVELOPMENT COSTS

.—In this

paragraph, the term ‘development costs’ means costs of—

‘‘(i) construction, including labor and materials;

‘‘(ii) project applications; and

‘‘(iii) other development activities, as determined by

the Secretary.

‘‘(B) E

LIGIBILITY

.—To be eligible for a grant under this

section, in addition to the requirements of subsection (d),

the project that is the subject of the grant shall—

247

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(i) be carried out in a proposed service territory in

which not less than 90 percent of the households are

unserved; and

‘‘(ii) not concurrently receive any other broadband

grant administered by the Rural Utilities Service.

‘‘(C) M

AXIMUM

.—Except as provided in subparagraph

(D), the amount of any grant made under this section shall

not exceed—

‘‘(i) 75 percent of the total project cost with respect

to an area with a density of fewer than 7 people per

square mile;

‘‘(ii) 50 percent of the total project cost with respect

to an area with a density of 7 or more and fewer than

12 people per square mile; and

‘‘(iii) 25 percent of the total project cost with re-

spect to an area with a density of 12 or more and 20

or fewer people per square mile.

‘‘(D) S

ECRETARIAL AUTHORITY TO ADJUST

.—The Sec-

retary may—

‘‘(i) make grants of up to 75 percent of the develop-

ment costs of the project for which the grant is pro-

vided to an eligible entity if the Secretary determines

that the project serves—

‘‘(I) an area of rural households described in

paragraph (2)(A)(i); or

‘‘(II) a rural community described in any of

subclauses (I) through (IV) of paragraph (2)(B)(i);

and

‘‘(ii) make modifications of the density thresholds

described in subparagraph (C), in order to ensure that

funds provided under this section are best utilized to

provide broadband service in communities that are the

most rural in character.

‘‘(E) A

PPLICATIONS

.—The Secretary shall establish an

application process for grants under this section that—

‘‘(i) permits a single application for a grant and a

loan under title I, II, or this title that is associated

with such grant; and

‘‘(ii) provides a single decision to award such grant

and such loan.

‘‘(F) D

ENSITY DETERMINATIONS

.—When determining

population density under this section, the Secretary shall

prescribe a calculation method which—

‘‘(i) utilizes publicly available data; and

‘‘(ii) includes only those areas in which the appli-

cant is able to meet the service requirements under this

section, as determined by the Secretary.

‘‘(4) F

EES

.—In the case of loan guarantees issued or modi-

fied under this section, the Secretary shall charge and collect

from the lender fees in such amounts as to bring down the costs

of subsidies for guaranteed loans, except that such fees shall not

act as a bar to participation in the programs nor be incon-

sistent with current practices in the marketplace.’’;

(4) in subsection (d)—

(A) in paragraph (1)—

248

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by strik-

ing ‘‘loan or’’ and inserting ‘‘grant, loan, or’’;

(II) by striking clause (i) and inserting the fol-

lowing:

‘‘(i) demonstrate the ability to furnish or improve

service in order to meet the broadband buildout re-

quirements established under subsection (e)(4) in all or

part of an unserved or underserved rural area;’’.

(III) in clause (ii), by striking ‘‘a loan applica-

tion’’ and inserting ‘‘an application’’; and

(IV) in clause (iii)—

(aa) by striking ‘‘service’’ and inserting

‘‘infrastructure’’;

(bb) by striking ‘‘loan’’ the first place it ap-

pears;

(cc) by striking ‘‘3’’ and inserting ‘‘5’’; and

(dd) by striking ‘‘proceeds from the loan

made or guaranteed under this section are’’

and inserting ‘‘assistance under this section

is’’; and

(ii) in subparagraph (B), by striking ‘‘(k)’’ and in-

serting ‘‘(j)’’; and

(B) in paragraph (2)(A)—

(i) in the matter preceding clause (i)—

(I) by striking ‘‘the proceeds of a loan made or

guaranteed’’ and inserting ‘‘assistance’’; and

(II) by striking ‘‘for the loan or loan guar-

antee’’ and inserting ‘‘of the eligible entity’’; and

(ii) in clause (i)—

(I) by striking ‘‘15 percent’’ and inserting ‘‘50

percent (in the case of loans or loan guarantees

provided in accordance with subsection (g)(1)(A))’’;

and

(II) by striking ‘‘level of broadband service’’

and inserting ‘‘level of fixed broadband service,

whether terrestrial or wireless,’’;

serting ‘‘grant, loan, or’’;

(D) in paragraph (4), by striking ‘‘a loan or loan guar-

antee’’ and inserting ‘‘assistance’’; and

(E) by striking paragraphs (5) through (10) and insert-

ing the following:

‘‘(5) T

ECHNICAL ASSISTANCE AND TRAINING

.—

‘‘(A) I

N GENERAL

.—The Secretary may provide to eligi-

ble entities described in paragraph (1) that are applying for

assistance under this section for a project described in sub-

section (c)(2)(A)(i) technical assistance and training—

‘‘(i) to prepare reports and surveys necessary to re-

quest grants, loans, and loan guarantees under this

section for broadband deployment;

‘‘(ii) to improve management, including financial

management, relating to the proposed broadband de-

ployment;

249

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(iii) to prepare applications for grants, loans, and

loan guarantees under this section; or

‘‘(iv) to assist with other areas of need identified by

the Secretary.

‘‘(B) F

UNDING

.—Not less than 3 percent and not more

than 5 percent of amounts appropriated to carry out this

section for a fiscal year shall be used for technical assist-

ance and training under this paragraph.’’;

(5) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘4-Mbps’’ and

inserting ‘‘25-Mbps’’; and

(ii) in subparagraph (B), by striking ‘‘1-Mbps’’ and

inserting ‘‘3-Mbps’’;

(B) in paragraph (2)—

(i) by—

(I) striking the following:

‘‘(2) A

DJUSTMENTS

.—

‘‘(A) I

N GENERAL

.—At’’; and

(II) inserting the following:

‘‘(2) A

DJUSTMENTS

.—At’’;

(ii) by inserting ‘‘and broadband buildout require-

ments under paragraph (4)’’ after ‘‘(1)’’; and

(iii) by striking subparagraph (B); and

‘‘(4) B

ROADBAND BUILDOUT REQUIREMENTS

.—

‘‘(A) I

N GENERAL

.—The term ‘broadband buildout re-

quirement’ means the level of internet service an applicant

receiving assistance under this section must agree, at the

time the application is finalized, to provide for the duration

of any project-related agreement between the applicant and

the Department.

‘‘(B) B

ROADBAND BUILDOUT REQUIREMENTS FURTHER

DEFINED

.—Subject to subparagraph (C), the Secretary shall

establish broadband buildout requirements for projects

with agreement lengths of—

‘‘(i) 5 to 10 years;

‘‘(ii) 11 to 15 years;

‘‘(iii) 16 to 20 years; and

‘‘(iv) more than 20 years.

‘‘(C) R

EQUIREMENTS

.—In establishing the broadband

buildout requirements under subparagraph (B), the Sec-

retary shall—

‘‘(i) utilize the same metrics used to define the min-

imum acceptable level of broadband service under

paragraph (1);

‘‘(ii) establish such requirements to reasonably en-

sure—

‘‘(I) the repayment of all loans and loan guar-

antees; and

‘‘(II) the financed network is technically capa-

ble of providing broadband service for the lifetime

of any project-related agreement.

‘‘(D) S

UBSTITUTE SERVICE STANDARDS FOR UNIQUE

SERVICE TERRITORIES

.—If an applicant shows that it would

250

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

be cost prohibitive to meet the broadband buildout require-

ments established under this paragraph for the entirety of

a proposed service territory due to the unique characteris-

tics of the proposed service territory, the Secretary and the

applicant may agree to utilize substitute standards for any

unserved portion of the project. Any substitute service

standards should continue to consider the best technology

available to meet the needs of the residents in the unserved

area.’’;

(6) in subsection (f), by striking ‘‘make a loan or loan guar-

antee’’ and inserting ‘‘provide assistance’’;

(7) in subsection (g), by striking paragraph (2) and redesig-

nating paragraph (3) as paragraph (2);

(8) by striking subsections (i) and (j) and inserting the fol-

lowing:

‘‘(i) P

AYMENT

SSISTANCE FOR

ERTAIN

OAN AND

RANT

CIPIENTS

.—

‘‘(1) U

SE OF GRANT FUNDS

.—The Secretary may use the

funds appropriated for a grant under this title for the cost (as

defined by section 502 of the Congressional Budget Act of 1974)

of providing assistance under paragraph (2).

‘‘(2) P

AYMENT ASSISTANCE

.—When providing a grant under

this title, the Secretary, at the sole discretion of the Secretary,

may make—

‘‘(A) a subsidized loan, which shall bear a reduced in-

terest rate at such a rate as the Secretary determines appro-

priate to meet the objectives of the program; or

‘‘(B) a payment assistance loan, which shall—

‘‘(i) require no interest and principal payments

while the borrower is—

‘‘(I) in material compliance with the loan

agreement; and

‘‘(II) meeting the milestones and objectives of

the project agreed to under paragraph (3); and

‘‘(ii) require such nominal periodic payments as the

Secretary determines to be appropriate.

‘‘(3) A

GREEMENT ON MILESTONES AND OBJECTIVES

.—With

respect to payment assistance provided under paragraph (2), be-

fore entering into the agreement under which the payment as-

sistance will be provided, the applicant and the Secretary shall

agree to milestones and objectives of the project.

‘‘(4) A

MENDMENT OF MILESTONES AND OBJECTIVES

.—The

Secretary and the applicant may jointly agree to amend the

milestones and objectives agreed to under paragraph (3).

‘‘(5) C

ONSIDERATIONS

.—When deciding to utilize the pay-

ment assistance authority under paragraph (2) the Secretary

shall consider whether or not the payment assistance will—

‘‘(A) improve the compliance of the grantee with any

commitments made through the grant agreement;

‘‘(B) promote the completion of the broadband project;

‘‘(C) protect taxpayer resources; and

‘‘(D) support the integrity of the broadband programs

administered by the Secretary.

‘‘(6) L

IMITATIONS ON PAYMENT ASSISTANCE

.—The Secretary

may not make a payment assistance loan under paragraph

251

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(2)(B) to an entity receiving a grant under this section that is

also the recipient of a loan under title I or II that is associated

with such grant.’’;

(9) in subsection (k)(1)—

(A) by striking ‘‘$25,000,000’’ and inserting

‘‘$350,000,000’’; and

(B) by striking ‘‘2008 through 2018’’ and inserting

‘‘2019 through 2023’’;

(10) in subsection (l)—

(A) by striking ‘‘loan or’’ and inserting ‘‘grant, or loan,

or’’; and

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and

(11) by redesignating subsections (k) and (l) as subsections

(j) and (k), respectively.

SEC. 6202. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO

RURAL AREAS.

Section 602 of the Rural Electrification Act of 1936 (7 U.S.C.

950bb–1) is amended to read as follows:

‘‘SEC. 602. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO

RURAL AREAS.

‘‘(a) P

URPOSE

.—The purpose of this section is to encourage the

expansion and extension of middle mile broadband infrastructure to

connect underserved rural areas to the backbone of the Internet.

‘‘(b) M

IDDLE

ILE

NFRASTRUCTURE

.—For the purposes of this

section, the term ‘middle mile infrastructure’ means any broadband

infrastructure that does not connect directly to end-user locations

(including anchor institutions) and may include interoffice trans-

port, backhaul, Internet connectivity, data centers, or special access

transport to rural areas.

‘‘(c) G

RANTS

, L

OANS

AND

OAN

UARANTEES

.—The Secretary

shall make grants, loans, and loan guarantees to eligible applicants

described in subsection (d) to provide funds for the construction, im-

provement, or acquisition of middle mile infrastructure to serve

rural areas.

‘‘(d) E

LIGIBILITY

.—

‘‘(1) E

LIGIBLE APPLICANTS

.—

‘‘(A) I

N GENERAL

.—To be eligible to obtain assistance

under this section, an eligible entity shall—

‘‘(i) submit to the Secretary an application at such

time, in such manner, and containing such informa-

tion as the Secretary may require;

‘‘(ii) agree to complete build-out of the middle mile

infrastructure described in the application by not later

than 5 years after the initial date on which proceeds

from the assistance provided under this section are

made available; and

‘‘(iii) submit to the Secretary a plan to ensure the

viability of the project by—

‘‘(I) connecting, assisting with connecting, or

enabling the connection of retail broadband sys-

tems that serve rural areas within the proposed

service territory to the middle mile infrastructure

project in an affordable and economically competi-

tive manner;

252

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(II) leasing or selling sufficient capacity prior

to project approval; and

‘‘(III) complying with any other requirements

imposed by the Secretary.

‘‘(B) A

DDITIONAL END USER BROADBAND PROGRAMS

.—

Entities that receive assistance to construct, improve, or ac-

quire middle mile infrastructure under this section shall be

eligible to apply for additional funds under this title to pro-

vide for retail broadband service to end users.

‘‘(2) E

LIGIBLE SERVICE TERRITORIES

.—The proceeds of as-

sistance provided under this section may be used to carry out

a project in a proposed service territory only if, as of the date

the application for assistance under this section is submitted,

there is not adequate middle mile infrastructure available to

support broadband service for eligible rural communities that

would be provided access to the middle mile infrastructure.

‘‘(3) E

LIGIBLE PROJECTS

.—A project shall be eligible for as-

sistance under this section if at the time of the application—

‘‘(A) at least 75 percent of the interconnection points

serve such eligible rural areas; and

‘‘(B) the Secretary determines that the proposed middle

mile network will be capable of supporting retail

broadband service meeting the maximum broadband build-

out requirement established under section 601(e)(4) for the

residents within the proposed service territory.

‘‘(e) L

IMITATION ON

RANTS

.—In making grants under this sec-

tion, the Secretary shall—

‘‘(1) not provide any grant in excess of 20 percent of the

total project cost; and

‘‘(2) provide grants only to those projects which serve rural

areas where population density or geographic characteristics

make it infeasible to construct middle mile broadband systems

without grant assistance.

‘‘(f) T

ERMS

, C

ONDITIONS

AND

DEQUACY OF

ECURITY

.—All

loans and loan guarantees provided under this section shall be

made subject to such terms, conditions, and adequacy of security re-

quirements as may be imposed by the Secretary. If the middle mile

infrastructure would not provide adequate security due to long-term

leasing arrangements, the Secretary shall require substitute security

in such form and substance as are acceptable to the Secretary.

‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $10,000,000 for each of

fiscal years 2018 through 2023.’’.

SEC. 6203. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.

Section 603 of the Rural Electrification Act of 1936 (7 U.S.C.

950bb–2) is amended—

(1) in the section heading, by striking ‘‘

RURAL GIGABIT

NETWORK PILOT

’’ and inserting ‘‘

INNOVATIVE BROADBAND AD

VANCEMENT

’’;

(2) in subsection (d), by striking ‘‘2014 through 2018’’ and

inserting ‘‘2019 through 2023’’;

(3) by redesignating subsection (d) as subsection (e); and

(4) by striking subsections (a) through (c) and inserting the

following:

253

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(a) I

ENERAL

.—The Secretary shall establish a program to

be known as the ‘Innovative Broadband Advancement Program’,

under which the Secretary may provide a grant, a loan, or both to

an eligible entity for the purpose of demonstrating innovative

broadband technologies or methods of broadband deployment that

significantly decrease the cost of broadband deployment, and pro-

vide substantially faster broadband speeds than are available, in a

rural area.

‘‘(b) R

URAL

REA

.—In this section, the term ‘rural area’ has the

meaning provided in section 601(b)(3).

‘‘(c) E

LIGIBILITY

.—To be eligible to obtain assistance under this

section for a project, an entity shall—

‘‘(1) submit to the Secretary an application—

‘‘(A) that describes a project designed to decrease the

cost of broadband deployment, and substantially increase

broadband speed to not less than the maximum broadband

buildout requirements established under section 601(e)(4),

in a rural area to be served by the project; and

‘‘(B) at such time, in such manner, and containing

such other information as the Secretary may require;

‘‘(2) demonstrate that the entity is able to carry out the

project; and

‘‘(3) agree to complete the project build-out within 5 years

after the date the assistance is first provided for the project.

‘‘(d) P

RIORITIZATION

.—In awarding assistance under this sec-

tion, the Secretary shall give priority to proposals for projects that—

‘‘(1) involve partnerships between or among multiple enti-

ties;

‘‘(2) would provide broadband service to the greatest num-

ber of rural entities at or above the broadband requirements re-

ferred to in subsection (c)(1)(A); and

‘‘(3) the Secretary determines could be replicated in rural

areas described in paragraph (2).’’.

SEC. 6204. COMMUNITY CONNECT GRANT PROGRAM.

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:

‘‘SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE BROADBAND SERVICE

.—The term ‘eligible

broadband service’ means broadband service that has the capa-

bility to transmit data at a speed specified by the Secretary,

which may not be less than the applicable minimum download

and upload speeds established by the Federal Communications

Commission in defining the term ‘advanced telecommunications

capability’ for purposes of section 706 of the Telecommuni-

cations Act of 1996 (47 U.S.C. 1302).

‘‘(2) E

LIGIBLE SERVICE AREA

.—The term ‘eligible service

area’ means an area in which broadband service capacity is less

than—

‘‘(A) a 10-Mbps downstream transmission capacity; and

‘‘(B) a 1-Mbps upstream transmission capacity.

‘‘(3) E

LIGIBLE ENTITY

.—

‘‘(A) I

N GENERAL

.—The term ‘eligible entity’ means a le-

gally organized entity that—

254

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(i) is—

‘‘(I) an incorporated organization;

‘‘(II) an Indian Tribe or Tribal organization;

‘‘(III) a State;

‘‘(IV) a unit of local government; or

‘‘(V) any other legal entity, including a cooper-

ative, a private corporation, or a limited liability

company, that is organized on a for-profit or a not-

for-profit basis; and

‘‘(ii) has the legal capacity and authority to enter

into a contract, to comply with applicable Federal

laws, and to own and operate broadband facilities, as

proposed in the application submitted by the entity for

a grant under the Program.

‘‘(B) E

XCLUSIONS

.—The term ‘eligible entity’ does not

include—

‘‘(i) an individual; or

‘‘(ii) a partnership.

‘‘(4) R

URAL AREA

.—The term ‘rural area’ has the meaning

given the term in section 601(b)(3)(A).

‘‘(b) E

STABLISHMENT

.—The Secretary shall establish a program,

to be known as the ‘Community Connect Grant Program’, to provide

grants to eligible entities to finance broadband transmission in

rural areas.

‘‘(c) E

LIGIBLE

ROJECTS

.—An eligible entity that receives a

grant under the Program shall use the grant to carry out a project

that—

‘‘(1) provides eligible broadband service to, within the pro-

posed eligible service area described in the application sub-

mitted by the eligible entity—

‘‘(A) each essential community facility as defined pur-

suant to section 306(a) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1926(a)); and

‘‘(B) any required facilities necessary to offer that eligi-

ble broadband service to each residential and business cus-

tomer within such proposed eligible service area; and

‘‘(2) for not less than 2 years—

‘‘(A) furnishes free eligible broadband service to a com-

munity center described in subsection (d)(1)(B);

‘‘(B) provides not fewer than 2 computer access points

for that free eligible broadband service; and

‘‘(C) covers the cost of bandwidth to provide free eligi-

ble broadband service to each essential community facility

that requests broadband services within the proposed eligi-

ble service area described in the application submitted by

the eligible entity.

‘‘(d) U

SES OF

RANT

UNDS

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives a grant

under the Program may use the grant for—

‘‘(A) the construction, acquisition, or leasing of facilities

(including spectrum), land, or buildings to deploy eligible

broadband service; and

‘‘(B) the improvement, expansion, construction, or ac-

quisition of a community center within the proposed eligi-

255

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

ble service area described in the application submitted by

the eligible entity.

‘‘(2) I

NELIGIBLE USES

.—An eligible entity that receives a

grant under the Program shall not use the grant for—

‘‘(A) the duplication of any existing eligible broadband

service provided by another entity in the eligible service

area; or

‘‘(B) operating expenses, except as provided in—

‘‘(i) subsection (c)(2)(C) with respect to free eligible

broadband service; and

‘‘(ii) paragraph (1)(A) with respect to spectrum.

‘‘(3) F

REE ACCESS FOR COMMUNITY CENTERS

.—Of the

amounts provided to an eligible entity under a grant under the

Program, the eligible entity shall use to carry out paragraph

(1)(B) not greater than the lesser of—

‘‘(A) 10 percent; and

‘‘(B) $150,000.

‘‘(e) M

ATCHING

UNDS

.—

‘‘(1) I

N GENERAL

.—An eligible entity that receives a grant

under the Program shall provide a cash contribution in an

amount that is not less than 15 percent of the amount of the

grant.

‘‘(2) R

EQUIREMENTS

.—A cash contribution described in

paragraph (1)—

‘‘(A) shall be used solely for the project for which the

eligible entity receives a grant under the Program; and

‘‘(B) shall not include any Federal funds, unless a Fed-

eral statute specifically provides that those Federal funds

may be considered to be from a non-Federal source.

‘‘(f) A

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—To be eligible to receive a grant under

the Program, an eligible entity shall submit to the Secretary an

application at such time, in such manner, and containing such

information as the Secretary may require.

‘‘(2) R

EQUIREMENT

.—An application submitted by an eligi-

ble entity under paragraph (1) shall include documentation suf-

ficient to demonstrate the availability of funds to satisfy the re-

quirement of subsection (e).

‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $50,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 6205. OUTDATED BROADBAND SYSTEMS.

(a) I

ENERAL

.—Title VI of the Rural Electrification Act of

1936 (7 U.S.C. 950bb et seq.) is further amended by adding at the

end the following:

‘‘SEC. 605. OUTDATED BROADBAND SYSTEMS.

‘‘(a) I

ENERAL

.—Except as provided in subsection (b), the Sec-

retary shall consider any portion of a service territory that is subject

to an outstanding grant agreement between the Secretary and a

broadband provider to be unserved for the purposes of all

broadband assistance programs under this Act, if the broadband

service in that portion of a service territory is less than 10 Mbps

downstream transmission capacity or less than 1 Mbps upstream

transmission capacity.

256

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(b) E

XCEPTION

.—The Secretary shall not consider a portion of

a service territory described in subsection (a) to be unserved if the

broadband service provider has constructed or begun to construct

broadband facilities that meet the minimum acceptable level of serv-

ice established under section 601(e), in that portion of the service

territory.’’.

(b) E

FFECTIVE

ATE

.—The amendment made by this section

shall not take effect until October 1, 2020.

SEC. 6206. DEFAULT AND DEOBLIGATION; DEFERRAL.

Title VI of such Act (7 U.S.C. 950bb et seq.) is further amended

by adding at the end the following:

‘‘SEC. 606. DEFAULT AND DEOBLIGATION; DEFERRAL.

‘‘(a) D

EFAULT AND

EOBLIGATION

.—In addition to other author-

ity under applicable law, the Secretary shall establish written proce-

dures for all broadband programs so that, to the maximum extent

practicable, the programs are administered to—

‘‘(1) recover funds from loan and grant defaults;

‘‘(2) deobligate any awards, less allowable costs that dem-

onstrate an insufficient level of performance (including metrics

determined by the Secretary) or fraudulent spending, to the ex-

tent funds with respect to the award are available in the ac-

count relating to the program established by this title;

‘‘(3) award those funds, on a competitive basis, to new or

existing applicants consistent with this title; and

‘‘(4) minimize overlap among the programs.

‘‘(b) D

EFERRAL

ERIOD

.—In determining the terms and condi-

tions of assistance provided under this title, the Secretary may es-

tablish a deferral period of not shorter than the buildout period es-

tablished for the project involved in order to support the financial

feasibility and long-term sustainability of the project.’’.

SEC. 6207. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIRE-

MENTS.

The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is

amended by adding at the end the following new title:

‘‘TITLE VII—GENERAL AND

ADMINISTRATIVE PROVISIONS

‘‘SEC. 701. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIRE-

MENTS.

‘‘(a) N

OTICE

EQUIREMENTS

.—The Secretary shall promptly

make available to the public, a fully searchable database on the

website of the Rural Utilities Service that contains information on

all retail broadband projects provided assistance or for which as-

sistance is sought that are administered by the Secretary, including,

at a minimum—

‘‘(1) notice of each application for assistance describing the

application, including—

‘‘(A) the identity of the applicant;

‘‘(B) a description of each application, including—

‘‘(i) a map of the proposed service area of the appli-

cant; and

257

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(ii) the amount and type of support requested by

each applicant;

‘‘(C) the status of each application; and

‘‘(D) the estimated number and proportion of service

points in the proposed service territory without fixed

broadband service, whether terrestrial or wireless;

‘‘(2) notice of each entity receiving assistance administered

by the Secretary, including—

‘‘(A) the name of the entity;

‘‘(B) the type of assistance being received;

‘‘(C) the purpose for which the entity is receiving the as-

sistance; and

‘‘(D) each annual report submitted under subsection (c)

(redacted to protect any proprietary information in the re-

port); and

‘‘(3) such other information as is sufficient to allow the pub-

lic to understand assistance provided.

‘‘(b) S

ERVICE

REA

SSESSMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary shall, with respect to a re-

tail broadband application for assistance, which is outside an

area in which the applicant receives Federal universal service

support—

‘‘(A) after giving notice required by subsection (a)(1), af-

ford service providers not less than 45 days to voluntarily

submit information required by the Secretary onto the

agency’s online mapping tool with respect to areas that are

coterminous with the proposed service area of the applica-

tion (or any parts thereof), such that the Secretary may as-

sess whether the application submitted meets the eligibility

requirements under this title; and

‘‘(B) if no broadband service provider submits informa-

tion under paragraph (1), consider the number of providers

in the proposed service area to be established by using any

other data regarding the availability of broadband service

that the Secretary may collect or obtain through reasonable

efforts.

‘‘(2) A

SSESSMENT OF UNSERVED COMMUNITIES

.—In the case

of an application given the highest priority under section

601(c)(2)(A)(i), the Secretary shall confirm that each unserved

rural community identified in the application is eligible for

funding by—

‘‘(A) conferring with, and obtaining data from, the

Chair of the Federal Communications Commission and the

Administrator of the National Telecommunications and In-

formation Administration with respect to the service level

in the service area proposed in the application;

‘‘(B) reviewing any other source that is relevant to serv-

ice data validation, as determined by the Secretary; and

‘‘(C) performing site-specific testing to verify the un-

availability of any retail broadband service.

‘‘(3) FOIA

EXEMPTION

.—For purposes of section 552 of title

5, United States Code, information received by the Secretary

pursuant to paragraph (1)(A) of this subsection shall be exempt

from disclosure pursuant to subsection (b)(2)(B) of such section

552.

258

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(c) R

EPORTING

ROADBAND

MPROVEMENTS TO

USDA.—

‘‘(1) I

N GENERAL

.—The Secretary shall require any entity

receiving assistance for a project which provides retail

broadband service to submit an annual report for 3 years after

completion of the project, in a format specified by the Secretary,

that describes—

‘‘(A) the use by the entity of the assistance, including

new equipment and capacity enhancements that support

high-speed broadband access for educational institutions,

health care providers, and public safety service providers

(including the estimated number of end users who are cur-

rently using or forecasted to use the new or upgraded infra-

structure); and

‘‘(B) the progress towards fulfilling the objectives for

which the assistance was granted, including—

‘‘(i) the number of service points that will receive

new broadband service, existing network service im-

provements, and facility upgrades resulting from the

Federal assistance;

‘‘(ii) the speed of broadband service;

‘‘(iii) the average price of the most subscribed tier

of broadband service in a proposed service area;

‘‘(iv) new subscribers generated from the project;

and

‘‘(v) any metrics the Secretary determines to be ap-

propriate.

‘‘(2) A

DDITIONAL REPORTING

.—

‘‘(A) B

ROADBAND BUILDOUT DATA

.—As a condition of re-

ceiving assistance under section 601, a recipient of assist-

ance shall provide to the Secretary complete, reliable, and

precise geolocation information that indicates the location

of new broadband service that is being provided or up-

graded within the service territory supported by the grant,

loan, or loan guarantee not later than 30 days after the

earlier of—

‘‘(i) the date of completion of any project milestone

established by the Secretary; or

‘‘(ii) the date of completion of the project.

‘‘(B) R

EPORTING FOR MIDDLE MILE PROJECTS

.—The Sec-

retary shall require any entity receiving assistance under

section 602 to submit a semiannual report for 5 years after

completion of the project, in a format specified by the Sec-

retary, that describes—

‘‘(i) the use by the entity of the assistance to con-

struct, improve, or acquire middle mile infrastructure;

‘‘(ii) the progress towards meeting the end-user

connection plan submitted under section

602(d)(1)(A)(iii); and

‘‘(iii) any additional metrics the Secretary deter-

mines to be appropriate.

‘‘(C) A

DDITIONAL REPORTING

.—The Secretary may re-

quire any additional reporting and information by any re-

cipient of any broadband assistance under this act so as to

ensure compliance with this section.

259

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(d) A

NNUAL

EPORT ON

ROADBAND

ROJECTS AND

ERVICE

ONGRESS

.—Each year, the Secretary shall submit to the Con-

gress a report that describes the extent of participation in the

broadband assistance programs administered by the Secretary for

the preceding fiscal year, including a description of—

‘‘(1) the number of applications received and accepted, in-

cluding any special loan terms or conditions for which the Sec-

retary provided additional assistance to unserved areas;

‘‘(2)(A) the communities proposed to be served in each ap-

plication submitted for the fiscal year; and

‘‘(B) the communities served by projects funded by

broadband assistance programs;

‘‘(3) the period of time required to approve each loan appli-

cation under broadband programs;

‘‘(4) any outreach activities carried out by the Secretary to

encourage entities in rural areas without broadband service to

submit applications under this Act;

‘‘(5) the method by which the Secretary determines that a

service enables a subscriber to originate and receive high-qual-

ity voice, data, graphics, and video for purposes of providing

broadband service under this Act;

‘‘(6) each broadband service, including the type and speed

of broadband service, for which assistance was sought, and

each broadband service for which assistance was provided,

under this Act; and

‘‘(7) the overall progress towards fulfilling the goal of im-

proving the quality of rural life by expanding rural broadband

access, as demonstrated by metrics, including—

‘‘(A) the number of residences and businesses receiving

new broadband services;

‘‘(B) network improvements, including facility upgrades

and equipment purchases;

‘‘(C) average broadband speeds and prices on a local

and statewide basis;

‘‘(D) any changes in broadband adoption rates; and

‘‘(E) any specific activities that increased high speed

broadband access for educational institutions, health care

providers, and public safety service providers.

‘‘(e) L

IMITATIONS ON

ESERVATION OF

UNDS

.—Not less than 3

but not more than 5 percent of program level amounts available

pursuant to amounts appropriated to carry out title VI shall be set

aside to be used for—

‘‘(1) conducting oversight under such title;

‘‘(2) implementing accountability measures and related ac-

tivities authorized under such title; and

‘‘(3) carrying out this section.’’.

SEC. 6208. ENVIRONMENTAL REVIEWS.

Title VII of the Rural Electrification Act of 1936, as added by

section 6207 of this Act, is amended by adding at the end the fol-

lowing:

‘‘SEC. 702. ENVIRONMENTAL REVIEWS.

‘‘The Secretary may obligate, but not disperse, funds under this

Act before the completion of otherwise required environmental, his-

torical, or other types of reviews if the Secretary determines that a

260

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

subsequent site-specific review shall be adequate and easily accom-

plished for the location of towers, poles, or other broadband facili-

ties in the service area of the borrower without compromising the

project or the required reviews.’’.

SEC. 6209. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR DE-

PLOYMENT OF BROADBAND SERVICE.

Title VII of the Rural Electrification Act of 1936, as added by

section 6207 and amended by section 6208 of this Act, is amended

by adding at the end the following:

‘‘SEC. 703. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR DE-

PLOYMENT OF BROADBAND SERVICE.

‘‘Notwithstanding any other provision of this Act, the proceeds

of any loan made or guaranteed by the Secretary under this Act

may be used by the recipient of the loan for the purpose of refi-

nancing an outstanding obligation of the recipient on another tele-

communications loan made under this Act, or on any other loan if

that loan would have been for an eligible telecommunications pur-

pose under this Act.’’.

SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND.

(a) Section 331 of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1981) is amended by adding at the end the fol-

lowing:

‘‘(e)(1) Except as provided in paragraph (2), the Secretary may

allow a recipient of a grant, loan, or loan guarantee provided by the

Office of Rural Development under this title to use not more than

10 percent of the amount so provided—

‘‘(A) for any activity for which assistance may be provided

under section 601 of the Rural Electrification Act of 1936; or

‘‘(B) to construct other broadband infrastructure.

‘‘(2) Paragraph (1) of this subsection shall not apply to a recipi-

ent who is seeking to provide retail broadband service in any area

where retail broadband service is available at the minimum

broadband speeds, as defined under section 601(e) of the Rural

Electrification Act of 1936.

‘‘(3) The Secretary shall not provide funding under paragraph

(1) if the funding would result in competitive harm to any grant,

loan, or loan guarantee provided under the Rural Electrification Act

of 1936.’’.

(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C.

901–918a) is amended by inserting after section 7 the following:

‘‘SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.

‘‘(a) Subject to subsections (b) and (c) of this section, the Sec-

retary may allow a recipient of a grant, loan, or loan guarantee

under this title to set aside not more than 10 percent of the amount

so received to provide retail broadband service.

‘‘(b) A recipient who sets aside funds under subsection (a) of this

section may use the funds only in an area that is not being provided

with the minimum acceptable level of broadband service established

under section 601(e), unless the recipient meets the requirements of

section 601(d).

‘‘(c) Nothing in this section shall be construed to limit the abil-

ity of any borrower to finance or deploy services authorized under

this Act.

261

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(d) The Secretary shall not provide funding under subsection

(a) if the funding would result in competitive harm to any grant,

loan, or loan guarantee referred to in subsection (a).’’.

SEC. 6211. REFINANCING OF TELEPHONE LOANS.

Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.

922) is amended, in the fifth sentence, by striking ‘‘furnishing tele-

phone service in rural areas:’’ and all that follows through ‘‘40 per

centum of any loan made under this title.’’ and inserting ‘‘fur-

nishing telephone service in rural areas, including indebtedness of

recipients on another telecommunications loan made under this

Act.’’.

SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.

(a) C

ONSULTATION

ETWEEN

USDA

AND

NTIA.—The Secretary

shall consult with the Assistant Secretary to assist in the

verification of eligibility of the broadband loan and grant programs

of the Department of Agriculture. In providing assistance under the

preceding sentence, the Assistant Secretary shall make available the

broadband assessment and mapping capabilities of the National

Telecommunications and Information Administration.

(b) C

ONSULTATION

ETWEEN

USDA

AND

FCC.—

(1) B

Y USDA

.—The Secretary shall consult with the Com-

mission before providing broadband assistance for a project to

serve an area with respect to which another entity is receiving

Connect America Fund or Mobility Fund support under the

Federal universal service support mechanisms established

under section 254 of the Communications Act of 1934 (47

U.S.C. 254).

(2) B

Y FCC

.—The Commission shall consult with the Sec-

retary before offering or providing Connect America Fund or

Mobility Fund support under the Federal universal service sup-

port mechanisms established under section 254 of the Commu-

nications Act of 1934 (47 U.S.C. 254) to serve an area with re-

spect to which another entity has received broadband assistance

under a loan or grant program of the Department of Agri-

culture.

EPORT TO

ONGRESS

.—Not later than 1 year after the date

of the enactment of this Act, the Secretary, the Commission, and the

Assistant Secretary shall submit to the Committee on Agriculture

and the Committee on Energy and Commerce of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and For-

estry and the Committee on Commerce, Science, and Transportation

of the Senate a report on how best to coordinate federally supported

broadband programs and activities in order to achieve the following

objectives:

(1) Promote high-quality broadband service that meets the

long-term needs of rural residents and businesses, by evaluating

the broadband service needs in rural areas for each decade

through 2050.

(2) Support the long-term viability, sustainability, and util-

ity of federally supported rural broadband infrastructure, by

analyzing the technical capabilities of the technologies currently

available and reasonably expected to be available by 2035 to

meet the broadband service needs of rural residents identified

under paragraph (1), including by analyzing the following:

262

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(A) The real-world performance of such technologies,

including data rates, latency, data usage restrictions, and

other aspects of service quality, as defined by the Commis-

sion.

(B) The suitability of each such technology for residen-

tial, agricultural, educational, healthcare, commercial, and

industrial purposes in rural areas.

several rural geographies.

(D) The costs associated with online platforms, specifi-

cally the resulting constraints on rural network bandwidth.

(3) Identify and quantify the availability of broadband

service and ongoing broadband deployment in rural areas, in-

cluding ways to do the following:

(A) Harmonize broadband notification and reporting

requirements and develop common verification procedures

across all federally supported broadband programs.

(B) Consolidate and utilize the existing broadband

service data.

areas where Federal programs are currently supporting

broadband deployment, including areas with respect to

which an entity is receiving—

(i) support under a broadband assistance program

of the Department of Agriculture; or

(ii) Connect America Fund or Mobility Fund sup-

port under the Federal universal service support mech-

anisms established under section 254 of the Commu-

nications Act of 1934 (47 U.S.C. 254).

(D) Leverage support technologies and services from on-

line platforms for providers of broadband service in rural

areas.

(d) D

EFINITIONS

.—In this section:

(1) A

SSISTANT SECRETARY

.—The term ‘‘Assistant Secretary’’

means the Assistant Secretary of Commerce for Communica-

tions and Information.

(2) C

OMMISSION

.—The term ‘‘Commission’’ means the Fed-

eral Communications Commission.

(3) R

URAL AREA

.—The term ‘‘rural area’’ has the meaning

given the term in section 601(b)(3) of the Rural Electrification

Act of 1936.

SEC. 6213. TRANSITION RULE.

For the period beginning on the date of the enactment of this

Act and ending on the date that is one year after such date of enact-

ment, with respect to the implementation of the rural broadband ac-

cess program under section 601 of the Rural Electrification Act of

1936 (7 U.S.C. 950bb) and the Community Connect Grant Program

under section 604 of such Act, as added by section 6204 of this Act,

the Secretary shall use the regulations in existence as of the day be-

fore the date of enactment of this Act that are applicable to the pro-

gram involved, until the Secretary issues a final rule implementing

the provisions of, and amendments made by, this title that apply to

that program.

263

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

SEC. 6214. RURAL BROADBAND INTEGRATION WORKING GROUP.

(a) I

ENERAL

.—

(1) E

STABLISHMENT

.—There is established the Rural

Broadband Integration Working Group (referred to in this sub-

section as the ‘‘Working Group’’).

(2) M

EMBERSHIP

.—The membership of the Working Group

shall be composed of the heads, or their designees, of—

(A) the Department of Agriculture, acting through the

Administrator of the Rural Utilities Service;

(B) the Department of Commerce, acting through the

Assistant Secretary for Communications and Information;

(D) the Department of State;

(E) the Department of the Interior;

(F) the Department of Labor;

(G) the Department of Health and Human Services;

(H) the Department of Homeland Security;

(I) the Department of Housing and Urban Develop-

ment;

(J) the Department of Justice;

(K) the Department of Transportation;

(L) the Department of the Treasury;

(M) the Department of Energy;

(N) the Department of Education;

(O) the Department of Veterans Affairs;

(P) the Environmental Protection Agency;

(Q) the General Services Administration;

(R) the Small Business Administration;

(S) the Institute of Museum and Library Services;

(T) the National Science Foundation;

(U) the Council on Environmental Quality;

(V) the Office of Science and Technology Policy;

(W) the Office of Management and Budget;

(X) the Council of Economic Advisers;

(Y) the Domestic Policy Council;

(Z) the National Economic Council; and

(AA) such other Federal agencies or entities as are de-

termined appropriate by the co-chairs.

(3) C

CHAIRS

.—The following individuals, or their des-

ignees, shall serve as co-chairs of the Working Group:

(A) The Administrator of the Rural Utilities Service.

(B) The Assistant Secretary for Communications and

Information.

(D) The Director of the Office of Science and Tech-

nology Policy.

(4) C

ONSULTATION

;

COORDINATION

.—The Working Group

shall consult, as appropriate, with other relevant agencies, in-

cluding the Federal Communications Commission. The Working

Group shall coordinate with existing Federal working groups

and committees involved with broadband.

(5) M

EMBERSHIP CHANGES

.—The Director of the National

Economic Council and the Director of the Office of Science and

Technology Policy shall review, on a periodic basis, the mem-

264

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

bership of the Working Group to ensure that the Working

Group—

(A) includes necessary Federal Government entities;

and

(B) is an effective mechanism for coordinating among

agencies on the policy described in subsection (b).

(b) F

UNCTIONS OF

ORKING

ROUP

.—

(1) C

ONSULTATION

.—The Working Group shall consult with

State, local, Tribal, and territorial governments, telecommuni-

cations companies, utilities, trade associations, philanthropic

entities, policy experts, and other interested parties to identify,

assess, and determine possible actions relating to barriers and

opportunities for broadband deployment in rural areas.

(2) P

OINT OF CONTACT

.—Not later than 15 days after the

date of enactment of this Act, each member of the Working

Group shall—

(A) designate a representative to serve as the main

point of contact for matters relating to the Working Group;

and

(B) notify the co-chairs of the Working Group of that

designee.

(3) S

URVEY

.—Not later than 60 days after the date of enact-

ment of this Act, based on information provided by the members

of the Working Group, the Working Group shall publish a com-

prehensive survey of—

(A) Federal programs, including the allocated funding

amounts, that currently support or could reasonably be

modified to support broadband deployment and adoption;

and

(B) all Federal agency-specific policies and rules with

the direct or indirect effect of facilitating or regulating in-

vestment in, or deployment of, wired and wireless

broadband networks.

(4) L

IST OF ACTIONS

.—Not later than 120 days after the

date of enactment of this Act, the members of the Working

Group shall submit to the Working Group an initial list of ac-

tions that each of the agencies could take to identify and ad-

dress regulatory barriers to, incentivize investment in, promote

best practices within, align funding decisions with respect to,

and otherwise support, wired broadband deployment and adop-

tion.

(5) R

EPORT

.—Not later than 150 days after the date of en-

actment of this Act, the Working Group shall submit to the

President an agreed-to and prioritized list of recommendations

of the Working Group on actions that Federal agencies can take

to support broadband deployment and adoption, including—

(A) a list of priority actions and rulemakings; and

(B) timelines to complete the priority actions and

rulemakings.

265

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

Subtitle C—Miscellaneous

SEC. 6301. EXCLUSION OF CERTAIN POPULATIONS FROM DEFINITION

OF RURAL AREA.

(a) I

ENERAL

.—Section 343(a)(13) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 1991(a)(13)) is amended—

(1) in subparagraph (A), by striking ‘‘(G)’’ and inserting

‘‘(I)’’; and

(2) by adding at the end the following:

‘‘(H) E

XCLUSION OF INCARCERATED POPULATIONS

.—

Populations of individuals incarcerated on a long-term or

regional basis shall not be included in determining whether

an area is ‘rural’ or a ‘rural area’.

‘‘(I) L

IMITED EXCLUSION OF MILITARY BASE POPU

LATIONS

.—The first 1,500 individuals who reside in hous-

ing located on a military base shall not be included in de-

termining whether an area is ‘rural’ or a ‘rural area’.’’.

(b) B

ROADBAND

.—Section 601(b)(3) of the Rural Electrification

Act of 1936 (7 U.S.C. 950bb(b)(3)) is amended by adding at the end

the following:

‘‘(C) E

XCLUSION OF CERTAIN POPULATIONS

.—Such term

does not include any population described in subparagraph

(H) or (I) of section 343(a)(13) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 1991(a)(13)).’’.

ISTANCE

EARNING AND

ELEMEDICINE

OANS AND

RANTS

.—Section 2332 of the Food Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 950aaa–1) is amended by adding at the

end the following:

‘‘(4) R

URAL AREA

.—The term ‘rural area’ has the meaning

given the term in section 601(b)(3) of the Rural Electrification

Act of 1936.’’.

SEC. 6302. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM.

(a) D

EFINITION

.—In this section, the term ‘tribally designated

housing entity’ has the meaning given the term in section 4 of the

Native American Housing Assistance and Self-Determination Act of

1996 (25 U.S.C. 4103).

(b) I

ENERAL

.—The Secretary shall, in coordination with the

Office of Tribal Relations established under section 309 of the De-

partment of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921),

provide technical assistance to improve access by Tribal entities to

rural development programs funded by the Department of Agri-

culture through available cooperative agreement authorities of the

Secretary.

ECHNICAL

SSISTANCE

.—Technical assistance provided

under subsection (b) shall address the unique challenge of Tribal

governments, Tribal producers, Tribal businesses, Tribal business

entities, and tribally designated housing entities in accessing De-

partment of Agriculture-supported rural infrastructure, rural coop-

erative development, rural business and industry, rural housing,

and other rural development activities.

SEC. 6303. RURAL ENERGY SAVINGS PROGRAM.

Section 6407 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8107a) is amended—

266

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(1) in subsection (b)(2), by striking ‘‘efficiency.’’ and insert-

ing ‘‘efficiency (including cost-effective on- or off-grid renewable

energy or energy storage systems).’’;

(2) in subsection (c)—

(A) by redesignating paragraphs (4) through (7) as

paragraphs (5) through (8), respectively;

(B) by inserting after paragraph (3) the following:

‘‘(4) E

LIGIBILITY FOR OTHER LOANS

.—The Secretary shall

not include any debt incurred by a borrower under this section

in the calculation of the debt-equity ratio of the borrower for

purposes of eligibility for loans under the Rural Electrification

Act of 1936 (7 U.S.C. 901 et seq.).’’;

ignated), by striking ‘‘(6)’’ and inserting ‘‘(7)’’; and

(D) by adding at the end the following:

‘‘(9) A

CCOUNTING

.—The Secretary shall take appropriate

steps to streamline the accounting requirements on borrowers

under this section while maintaining adequate assurances of

the repayment of the loans.’’;

(3) in subsection (d)(1)—

(A) in subparagraph (A), by striking ‘‘3 percent’’ and

inserting ‘‘5 percent’’; and

(B) in subparagraph (D), by striking ‘‘electric’’ and in-

serting ‘‘recurring service’’;

(4) by redesignating subsection (h) as subsection (i);

(5) by inserting after subsection (g) the following:

‘‘(h) P

UBLICATION

.—Not later than 120 days after the end of

each fiscal year, the Secretary shall publish a description of—

‘‘(1) the number of applications received under this section

for that fiscal year;

‘‘(2) the number of loans made to eligible entities under this

section for that fiscal year; and

‘‘(3) the recipients of the loans described in paragraph (2).’’;

and

(6) in subsection (i) (as so redesignated), by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION REAUTHOR-

IZATION.

(a) A

DMINISTRATIVE

XPENSES OF

EGIONAL

OMMISSIONS

.—

Section 15304(c)(3)(A) of title 40, United States Code, is amended

by striking ‘‘unanimous’’ and inserting ‘‘majority’’.

(b) E

CONOMIC AND

NFRASTRUCTURE

EVELOPMENT

RANTS

.—

Section 15501 of title 40, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (7), by striking ‘‘and’’ at the end;

(B) by redesignating paragraph (8) as paragraph (9);

and

‘‘(8) to grow the capacity for successful community economic

development in its region; and’’;

(2) in subsection (b), by striking ‘‘paragraphs (1) through

(3)’’ and inserting ‘‘paragraph (1), (2), (3), or (7)’’; and

(3) in subsection (f), by striking the period at the end and

inserting ‘‘, except that financial assistance may be used as oth-

267

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

erwise authorized by this subtitle to attract businesses to the re-

gion from outside the United States.’’.

TATE

APACITY

UILDING

RANT

ROGRAM

.—

(1) D

EFINITIONS

.—In this subsection:

(A) C

OMMISSION

.—The term ‘‘Commission’’ means the

Northern Border Regional Commission established by sec-

tion 15301(a)(3) of title 40, United States Code.

(B) C

OMMISSION STATE

.—The term ‘‘Commission State’’

means each of the States of Maine, New Hampshire, New

York, and Vermont.

LIGIBLE COUNTY

.—The term ‘‘eligible county’’

means a county described in section 15733 of title 40,

United States Code.

(D) P

ROGRAM

.—The term ‘‘program’’ means the State

capacity building grant program established under para-

graph (2).

(2) E

STABLISHMENT

.—Not later than 180 days after the

date of enactment of this Act, the Commission shall establish a

State capacity building grant program to provide grants to

Commission States to carry out the purpose under paragraph

(3).

(3) P

URPOSE

.—The purpose of the program is to support the

efforts of the Commission—

(A) to better support business retention and expansion

in eligible counties;

(B) to create programs to encourage job creation and

workforce development in eligible counties;

igible counties;

(D) to expand access to high-speed broadband in eligi-

ble counties;

(E) to provide technical assistance that results in Com-

mission investments in transportation, water, wastewater,

and other critical infrastructure;

(F) to create initiatives to increase the effectiveness of

local development districts in eligible counties; and

(G) to implement new or innovative economic develop-

ment practices that will better position the eligible counties

of Commission States to compete in the global economy.

(4) U

SE OF FUNDS

.—

(A) I

N GENERAL

.—Funds from a grant under the pro-

gram may be used to support a project, program, or related

expense of the Commission State in an eligible county.

(B) L

IMITATION

.—Funds from a grant under the pro-

gram shall not be used for—

(i) the purchase of furniture, fixtures, or equip-

ment;

(ii) the compensation of—

(I) any State member of the Commission (as

described in section 15301(b)(1)(B) of title 40,

United States Code); or

(II) any State alternate member of the Com-

mission (as described in section 15301(b)(2)(B) of

title 40, United States Code); or

268

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(iii) the cost of supplanting existing State pro-

grams.

(5) A

NNUAL WORK PLAN

.—

(A) I

N GENERAL

.—For each fiscal year, before providing

a grant under the program, each Commission State shall

provide to the Commission an annual work plan that in-

cludes the proposed use of the grant.

(B) A

PPROVAL

.—No grant under the program shall be

provided to a Commission State unless the Commission has

approved the annual work plan of the State.

(6) A

MOUNT OF GRANT

.—

(A) I

N GENERAL

.—The amount of a grant provided to

a Commission State under the program for a fiscal year

shall be based on the proportion that—

(i) the amount paid by the Commission State (in-

cluding any amounts paid on behalf of the Commission

State by a nonprofit organization) for administrative

expenses for the applicable fiscal year (as determined

under section 15304(c) of title 40, United States Code);

bears to

(ii) the amount paid by all Commission States (in-

cluding any amounts paid on behalf of a Commission

State by a nonprofit organization) for administrative

expenses for that fiscal year (as determined under that

section).

(B) R

EQUIREMENT

.—To be eligible to receive a grant

under the program for a fiscal year, a Commission State

(or a nonprofit organization on behalf of the Commission

State) shall pay the amount of administrative expenses of

the Commission State for the applicable fiscal year (as de-

termined under section 15304(c) of title 40, United States

Code).

PPROVAL

.—For each fiscal year, a grant provided

under the program shall be approved and made available

as part of the approval of the annual budget of the Com-

mission.

(7) G

RANT AVAILABILITY

.—Funds from a grant under the

program shall be available only during the fiscal year for which

the grant is provided.

(8) R

EPORT

.—Each fiscal year, each Commission State

shall submit to the Commission and make publicly available a

report that describes the use of the grant funds and the impact

of the program in the State.

(9) F

UNDING

.—

(A) I

N GENERAL

.—There is authorized to be appro-

priated to carry out this subsection $5,000,000 for each of

fiscal years 2019 through 2023.

(B) S

UPPLEMENT

NOT SUPPLANT

.—Funds made avail-

able to carry out this subsection shall supplement and not

supplant funds made available for the Commission and

other activities of the Commission.

(d) N

ORTHERN

ORDER

EGIONAL

OMMISSION

.—Section 15733

of title 40, United States Code, is amended—

(1) in paragraph (2)—

(A) by inserting ‘‘Belknap,’’ before ‘‘Carroll,’’; and

269

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(B) by inserting ‘‘Cheshire,’’ before ‘‘Coos,’’;

(2) by striking paragraph (3) and inserting the following

new paragraph:

‘‘(3) N

EW YORK

.—The counties of Cayuga, Clinton, Essex,

Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jeffer-

son, Lewis, Livingston, Madison, Montgomery, Niagara, Onei-

da, Orleans, Oswego, Rensselaer, Saratoga, Schenectady, Sen-

eca, St. Lawrence, Sullivan, Washington, Warren, Wayne, and

Yates in the State of New York.’’; and

(3) in paragraph (4)—

(A) by inserting ‘‘Addison, Bennington,’’ before ‘‘Cal-

edonia,’’;

(B) by inserting ‘‘Chittenden,’’ before ‘‘Essex,’’;

(D) by inserting ‘‘, Rutland, Washington, Windham,

and Windsor’’ after ‘‘Orleans’’.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 15751(a) of

title 40, United States Code, is amended by striking ‘‘$30,000,000

for each of fiscal years 2008 through 2018’’ and inserting

‘‘$33,000,000 for each of fiscal years 2019 through 2023’’.

(f) V

ACANCIES

.—Section 15301 of title 40, United States Code,

is amended by adding at the end the following:

‘‘(f) S

UCCESSION

.—Subject to the time limitations under section

3346 of title 5, the Federal Cochairperson may designate a Federal

employee of the Commission to perform the functions and duties of

the office of the Federal Cochairperson temporarily in an acting ca-

pacity if both the Federal Cochairperson and the alternate Federal

Cochairperson die, resign, or otherwise are unable to perform the

functions and duties of their offices.’’.

(g) T

ECHNICAL

MENDMENTS

.—Chapters 1, 2, 3, and 4 of sub-

title V of title 40, United States Code, are redesignated as chapters

151, 153, 155, and 157, respectively.

SEC. 6305. DEFINITION OF RURAL AREA FOR PURPOSES OF THE HOUS-

ING ACT OF 1949.

The second sentence of section 520 of the Housing Act of 1949

(42 U.S.C. 1490) is amended—

(1) by striking ‘‘or 2010 decennial census’’ and inserting

‘‘2010, or 2020 decennial census’’;

(2) by striking ‘‘December 31, 2010,’’ and inserting ‘‘Decem-

ber 31, 2020,’’ ; and

(3) by striking ‘‘year 2020’’ and inserting ‘‘year 2030’’.

SEC. 6306. COUNCIL ON RURAL COMMUNITY INNOVATION AND ECO-

NOMIC DEVELOPMENT.

(a) P

URPOSE

.—The purpose of this section is to enhance the ef-

forts of the Federal Government to address the needs of rural areas

in the United States by—

(1) establishing a council to better coordinate Federal pro-

grams directed to rural communities;

(2) maximizing the impact of Federal investment to promote

economic prosperity and quality of life in rural communities in

the United States; and

(3) using innovation to resolve local and regional chal-

lenges faced by rural communities.

(b) E

STABLISHMENT

.—

270

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(1) There is established a Council on Rural Community In-

novation and Economic Development (referred to in this section

as the ‘‘Council’’).

(2) The Council shall be the successor to the Interagency

Task Force on Agriculture and Rural Prosperity established by

Executive Order 13790.

EMBERSHIP

.—

(1) I

N GENERAL

.—The membership of the Council shall be

composed of the heads of the following executive branch depart-

ments, agencies, and offices:

(A) The Department of Agriculture.

(B) The Department of the Treasury.

(D) The Department of Justice.

(E) The Department of the Interior.

(F) The Department of Commerce.

(G) The Department of Labor.

(H) The Department of Health and Human Services.

(I) The Department of Housing and Urban Develop-

ment.

(J) The Department of Transportation.

(K) The Department of Energy.

(L) The Department of Education.

(M) The Department of Veterans Affairs.

(N) The Department of Homeland Security.

(O) The Environmental Protection Agency.

(P) The Federal Communications Commission.

(Q) The Office of Management and Budget.

(R) The Office of Science and Technology Policy.

(S) The Office of National Drug Control Policy.

(T) The Council of Economic Advisers.

(U) The Domestic Policy Council.

(V) The National Economic Council.

(W) The Small Business Administration.

(X) The Council on Environmental Quality.

(Y) The White House Office of Public Engagement.

(Z) The White House Office of Cabinet Affairs.

(AA) Such other executive branch departments, agen-

cies, and offices as the President or the Secretary may, from

time to time, designate.

(2) C

HAIR

.—The Secretary shall serve as the Chair of the

Council.

(3) D

ESIGNEES

.—A member of the Council may designate,

to perform the Council functions of the member, a senior-level

official who is—

(A) part of the department, agency, or office of the

member; and

(B) a full-time officer or employee of the Federal Gov-

ernment.

(4) A

DMINISTRATION

.—The Council shall coordinate policy

development through the rural development mission area.

(d) F

UNDING

.—The Secretary shall provide funding and admin-

istrative support for the Council to the extent permitted by law and

within existing appropriations.

271

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(e) M

ISSION AND

UNCTION OF THE

OUNCIL

.—The Council

shall work across executive departments, agencies, and offices to co-

ordinate development of policy recommendations—

(1) to maximize the impact of Federal investment on rural

communities;

(2) to promote economic prosperity and quality of life in

rural communities; and

(3) to use innovation to resolve local and regional chal-

lenges faced by rural communities.

(f) D

UTIES

.—The Council shall—

(1) make recommendations to the President, acting through

the Director of the Domestic Policy Council and the Director of

the National Economic Council, on streamlining and leveraging

Federal investments in rural areas, where appropriate, to in-

crease the impact of Federal dollars and create economic oppor-

tunities to improve the quality of life in rural areas in the

United States;

(2) coordinate and increase the effectiveness of Federal en-

gagement with rural stakeholders, including agricultural orga-

nizations, small businesses, education and training institutions,

health-care providers, telecommunications services providers,

electric service providers, transportation providers, research and

land grant institutions, law enforcement, State, local, and trib-

al governments, and nongovernmental organizations regarding

the needs of rural areas in the United States;

(3) coordinate Federal efforts directed toward the growth

and development of rural geographic regions that encompass

both metropolitan and nonmetropolitan areas;

(4) identify and facilitate rural economic opportunities as-

sociated with energy development, outdoor recreation, and other

conservation related activities; and

(5) identify common economic and social challenges faced

by rural communities that could be served through—

(A) better coordination of existing Federal and non-

Federal resources; and

(B) innovative solutions utilizing governmental and

nongovernmental resources.

(g) E

XECUTIVE

EPARTMENTS AND

GENCIES

.—

(1) I

N GENERAL

.—The heads of executive departments and

agencies shall assist and provide information to the Council,

consistent with applicable law, as may be necessary to carry out

the functions of the Council.

(2) E

XPENSES

.—Each executive department or agency shall

be responsible for paying any expenses of the executive depart-

ment or agency for participating in the Council.

(h) C

OUNCIL

ORKING

ROUPS

.—

(1) I

N GENERAL

.—The Council may establish, in addition to

the working groups established under paragraph (3), such other

working groups as necessary.

(2) M

EMBERSHIP

.—The Secretary shall include as members

of each working group such Council members, other heads of

Federal agencies (or their designees as defined in (d)(3)), and

non-Federal partners as determined appropriate to the subject

matter.

272

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(3) R

EQUIRED WORKING GROUPS

.—The working groups spec-

ified in this paragraph are each of the following:

(A) T

HE RURAL SMART COMMUNITIES WORKING

GROUP

.—

(i) E

STABLISHMENT

.—The Council shall establish a

Rural Smart Communities Working Group.

(ii) D

UTIES

.—The Rural Smart Communities

Working Group shall—

(I) not later than 1 year after the establish-

ment of such Working Group, submit to Congress

a report describing efforts of rural areas to inte-

grate smart technology into their communities to

solve challenges relating to governance, economic

development, quality of life, or other relevant rural

issues, as determined by the Secretary; and

(II) create, publish, and maintain a resource

guide designed to assist States and other rural

communities in developing and implementing

rural smart community programs.

(iii) S

MART COMMUNITY DEFINED

.—For the pur-

poses of this subparagraph, the term ‘‘smart commu-

nity’’ means a community that has the ability to inte-

grate multiple technological solutions, in a secure fash-

ion, to manage a community’s assets, including local

government information systems, schools, libraries,

transportation systems, hospitals, power plants, law

enforcement, and other community services with the

goal of promoting quality of life through the use of

technology in ways that improve the efficiency of serv-

ices and meet residents’ needs.

(B) J

OBS ACCELERATOR WORKING GROUP

.—

(i) E

STABLISHMENT

.—The Council shall establish a

Jobs Accelerator Working Group.

(ii) G

OALS

.—The Jobs Accelerator Working Group

shall support rural jobs accelerators (as defined in sec-

tion 379I(a)(4) of the Consolidated Farm and Rural

Development Act)—

(I) to improve the ability of rural communities

to create high-wage jobs, accelerate the formation

of new businesses with high-growth potential, and

strengthen regional economies, including by help-

ing to build capacity in the applicable region to

achieve those goals; and

(II) to help rural communities identify and

maximize local assets and connect to regional op-

portunities, networks, and industry clusters that

demonstrate high growth potential.

(iii) D

UTIES

.—The Jobs Accelerator Working Group

shall—

(I) provide the public with available informa-

tion and technical assistance on Federal resources

relevant to a project and region;

(II) establish a Federal support team com-

prised of staff from participating agencies in the

working group that shall provide coordinated and

273

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

dedicated support services to rural jobs accelera-

tors; and

(III) provide opportunities for rural jobs accel-

erators to share best practices and further collabo-

rate with one another.

Subtitle D—Additional Amendments to the

Consolidated Farm and Rural Develop-

ment Act

SEC. 6401. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.

Section 379H of the Consolidated Farm and Rural Development

Act (7 U.S.C. 2008v) is amended to read as follows:

‘‘SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.

‘‘(a) I

ENERAL

.—In the case of any program under this title

or administered by the Secretary, acting through the rural develop-

ment mission area, as determined by the Secretary (referred to in

this section as a ‘covered program’), the Secretary shall give priority

to an application for a project that, as determined and approved by

the Secretary—

‘‘(1) meets the applicable eligibility requirements of this title

or the 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, to include considerations for im-

proving and expanding broadband services as needed.

‘‘(b) R

ESERVE

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (2), the Secretary

shall reserve not more than 15 percent of the funds made avail-

able for a fiscal year for covered programs for projects that sup-

port the implementation of a strategic community investment

plan described in subsection (d) on a multisectoral and multi-

jurisdictional basis.

‘‘(2) P

ERIOD

.—Any funds reserved under paragraph (1)

shall only be reserved for the 1-year period beginning on the

date on which the funds were first made available, as deter-

mined by the Secretary.

‘‘(c) A

PPROVED

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (2), any applicant

who submitted an application under a covered program that

was approved before the date of enactment of this section may

amend the application to qualify for the funds reserved under

subsection (b).

‘‘(2) R

URAL UTILITIES

.—Any applicant who submitted an

application under paragraph (2), (14), or (24) of section 306(a),

or section 306A or 310B(b), that was approved by the Secretary

before the date of enactment of this section shall be eligible for

the funds reserved under subsection (b)—

‘‘(A) on the same basis as an application submitted

under this section; and

‘‘(B) until September 30, 2019.

‘‘(d) S

TRATEGIC

OMMUNITY

NVESTMENT

LANS

.—

274

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(1) I

N GENERAL

.—The Secretary shall provide assistance to

rural communities in developing strategic community invest-

ment plans.

‘‘(2) P

LANS

.—A strategic community investment plan de-

scribed in paragraph (1) shall include—

‘‘(A) a variety of activities designed to facilitate the vi-

sion of a rural community for the future, including consid-

erations for improving and expanding broadband services

as needed;

‘‘(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) Indian Tribes; and

‘‘(v) philanthropic organizations;

‘‘(E) clear objectives with the ability to establish meas-

urable 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 Sec-

retary.

‘‘(3) C

OORDINATION

.—The Secretary shall coordinate with

Indian Tribes and local, State, regional, and Federal partners

to develop strategic community investment plans under this

subsection.

‘‘(4) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $5,000,000

for each of fiscal years 2019 through 2023, to remain available

until expended.’’.

SEC. 6402. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.

(a) C

ERTAIN

ROGRAMS

NDER THE

ONSOLIDATED

ARM AND

URAL

EVELOPMENT

.—Section 343(a)(13) of the Consolidated

Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is amend-

ed—

(1) in subparagraph (B)—

(A) in the heading, by striking ‘‘

AND GUARANTEED

’’; and

(B) in the text—

(i) by striking ‘‘and guaranteed’’; and

(ii) by striking ‘‘(1), (2), and (24)’’ and inserting

‘‘(1) and (2)’’; and

(2) in subparagraph (C)—

(A) by striking ‘‘and guaranteed’’; and

(B) by striking ‘‘(21), and (24)’’ and inserting ‘‘and

(21)’’.

(b) P

OPULATION

APS FOR

UARANTEED

ENDING

.—Section

306(a)(24) of such Act (7 U.S.C. 1926(a)(24)) is amended by adding

at the end the following:

‘‘(D) P

RIORITY

.—

‘‘(i) W

ATER OR WASTE FACILITY

.—The Secretary

shall prioritize water and waste facility projects under

275

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

this paragraph in rural areas with a population of not

more than 10,000 people.

‘‘(ii) C

OMMUNITY FACILITY

.—Of the funds made

available to carry out this paragraph for community

facility loan guarantees for a fiscal year the following

amounts shall be reserved for projects in rural areas

with a population of not more than 20,000 inhabitants:

‘‘(I) 100 percent of the first $200,000,000 so

made available;

‘‘(II) 50 percent of the next $200,000,000 so

made available; and

‘‘(III) 25 percent of all amounts exceeding

$400,000,000 so made available,

except that, to the extent that the Secretary dem-

onstrates that the funds so reserved are not needed to

finance a community facility project in such a rural

area, the Secretary may use the funds for other commu-

nity facility projects in accordance with this para-

graph.’’.

SEC. 6403. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY

GRANTS.

Section 306(a)(2)(B) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1926(a)(2)(B)) is amended—

(1) in clause (iii), by striking ‘‘$100,000’’ each place it ap-

pears and inserting ‘‘$200,000’’; and

(2) in clause (vii), by striking ‘‘$30,000,000 for each of fiscal

years 2008 through 2018’’ and inserting ‘‘$15,000,000 for each

of fiscal years 2019 through 2023’’.

SEC. 6404. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE

AND TRAINING PROGRAMS.

Section 306(a)(14) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1926(a)(14)) is amended—

(1) in subparagraph (A)—

(A) in clause (ii), by striking ‘‘and’’ at the end;

(B) in clause (iii), by striking the period and inserting

a semicolon; and

‘‘(iv) identify options to enhance the long-term sus-

tainability of rural water and waste systems, including

operational practices, revenue enhancements, partner-

ships, consolidation, regionalization, or contract serv-

ices; and

‘‘(v) address the contamination of drinking water

and surface water supplies by emerging contaminants,

including per- and polyfluoroalkyl substances.’’; and

(2) in subparagraph (C)—

(A) by striking ‘‘1 nor more than 3’’ and inserting ‘‘3

percent and not more than 5’’; and

(B) by striking ‘‘1 per centum’’ and inserting ‘‘3 per-

cent’’.

SEC. 6405. RURAL WATER AND WASTEWATER CIRCUIT RIDER PRO-

GRAM.

Section 306(a)(22)(B) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking

276

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘$20,000,000 for fiscal year 2014 and each fiscal year thereafter’’

and inserting ‘‘$25,000,000 for each of fiscal years 2019 through

2023’’.

SEC. 6406. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY

FACILITIES.

Section 306(a)(25)(C) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

SEC. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSIST-

ANCE GRANT PROGRAM.

(a) I

ENERAL

.—Section 306A of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1926a) is amended—

(1) in subsection (b)(1), by striking ‘‘; and’’ and inserting the

following: ‘‘, particularly to projects to address contamination

that—

‘‘(A) poses a threat to human health or the environ-

ment; and

‘‘(B) was caused by circumstances beyond the control of

the applicant for a grant, including circumstances that oc-

curred over a period of time; and’’;

(2) in subsection (d)(1)(D), by inserting ‘‘, other than those

covered above for not to exceed 120 days when a more perma-

nent solution is not feasible in a shorter time frame. Where

drinking water supplies are inadequate due to an event, as de-

termined by the Secretary, including drought, severe weather, or

contamination, the Secretary may provide potable water for an

additional period of time not to exceed an additional 120 days

in order to protect public health’’ before the period;

(3) in subsection (e)(1)(B), by striking ‘‘according to the

most recent decennial census of the United States’’;

(4) in subsection (f)(1), by striking ‘‘$500,000’’ and inserting

‘‘$1,000,000’’; and

(5) in subsection (i)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘3 nor more

than 5’’ and inserting ‘‘5 percent and not more than 7’’;

and

(ii) by striking subparagraph (B) and inserting the

following:

‘‘(B) R

ELEASE

.—

‘‘(i) I

N GENERAL

.—Funds reserved under subpara-

graph (A) for a fiscal year shall be reserved only until

July 1 of the fiscal year.

‘‘(ii) E

XCEPTION

.—Notwithstanding clause (i), in

response to an eligible community where the drinking

water supplies are inadequate, as determined by the

Secretary, due to an event, including drought, severe

weather, or contamination, the Secretary may use

funds described in subparagraph (A) from July 1

through September 30 each fiscal year to provide pota-

ble water under this section in order to protect public

health.’’; and

(B) in paragraph (2), by striking ‘‘$35,000,000 for each

of fiscal years 2008 through 2018’’ and inserting

‘‘$50,000,000 for each of fiscal years 2019 through 2023’’.

277

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(b) I

NTERAGENCY

ASK

ORCE ON

URAL

ATER

UALITY

.—

(1) I

N GENERAL

.—Not later than 90 days after the date of

enactment of this section, the Secretary shall coordinate an

interagency task force to examine drinking water and surface

water contamination in rural communities, particularly rural

communities that are in close proximity to active or decommis-

sioned military installations in the United States.

(2) M

EMBERSHIP

.—The interagency task force shall consist

of—

(A) the Secretary;

(B) the Secretary of the Army, acting through the Chief

of Engineers;

ing through—

(i) the Director of the Agency for Toxic Substances

and Disease Registry; and

(ii) the Director of the Centers for Disease Control

and Prevention;

(D) the Secretary of Housing and Urban Development;

(E) the Secretary of the Interior, acting through—

(i) the Director of the United States Fish and Wild-

life Service; and

(ii) the Director of the United States Geological

Survey;

(F) the Administrator of the Environmental Protection

Agency; and

(G) representatives from rural drinking and waste-

water entities, State and community regulators, and appro-

priate scientific experts that reflect a diverse cross-section of

the rural communities described in paragraph (1).

(3) R

EPORT

.—

(A) I

N GENERAL

.—Not later than 360 days after the

date of enactment of this section, the task force shall submit

to the committees described in subparagraph (B) a report

that—

(i) examines, and identifies issues relating to,

water contamination in rural communities, particu-

larly rural communities that are in close proximity to

active or decommissioned military installations in the

United States;

(ii) reviews the extent to which Federal, State, and

local government agencies coordinate with one another

to address the issues identified under clause (i);

(iii) recommends how Federal, State, and local

government agencies can work together in the most ef-

fective, efficient, and cost-effective manner practicable,

to address the issues identified under clause (i); and

(iv) recommends changes to existing statutory re-

quirements, regulatory requirements, or both, to im-

prove interagency coordination and responsiveness to

address the issues identified under clause (i).

(B) C

OMMITTEES DESCRIBED

.—The committees referred

to in subparagraph (A) are—

(i) the Committee on Agriculture of the House of

Representatives;

278

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(ii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate;

(iii) the Committee on Energy and Commerce of

the House of Representatives;

(iv) the Committee on Environment and Public

Works of the Senate;

(v) the Committee on Armed Services of the House

of Representatives; and

(vi) the Committee on Armed Services of the Sen-

ate.

SEC. 6408. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN

ALASKA.

Section 306D of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1926d) is amended—

(1) in subsection (a), by striking ‘‘Alaska for’’ and inserting

‘‘Alaska, a consortium formed pursuant to section 325 of the De-

partment of the Interior and Related Agencies Appropriations

Act, 1998 (Public Law 105–83; 111 Stat. 1597), and Native vil-

lages (as defined in section 3 of the Alaska Native Claims Set-

tlement Act (43 U.S.C. 1602)) for’’;

(2) in subsection (b), by inserting ‘‘for any grant awarded

under subsection (a)’’ before the period at the end; and

(3) in subsection (d)—

(A) in paragraph (1), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(B) in paragraph (2), by striking ‘‘Alaska’’ and insert-

ing ‘‘Alaska, and not more than 2 percent of the amount

made available under paragraph (1) for a fiscal year may

be used by a consortium formed pursuant to section 325 of

the Department of the Interior and Related Agencies Appro-

priations Act, 1998 (Public Law 105–83; 111 Stat. 1597),’’.

SEC. 6409. RURAL DECENTRALIZED WATER SYSTEMS.

Section 306E of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1926e) is amended—

(1) by striking the section heading and inserting ‘‘

RURAL

DECENTRALIZED WATER SYSTEMS

’’;

(2) in subsection (a), by striking ‘‘100’’ and inserting ‘‘60’’;

(3) in subsection (b)—

(A) in paragraph (1)—

(i) by inserting ‘‘and subgrants’’ after ‘‘loans’’; and

(ii) by inserting ‘‘and individually owned house-

hold decentralized wastewater systems’’ after ‘‘well sys-

tems’’;

(B) by striking paragraph (2) and inserting the fol-

lowing:

‘‘(2) T

ERMS AND AMOUNTS

.—

‘‘(A) T

ERMS OF LOANS

.—A loan made with grant funds

under this section—

‘‘(i) shall have an interest rate of 1 percent; and

‘‘(ii) shall have a term not to exceed 20 years.

‘‘(B) A

MOUNTS

.—A loan or subgrant made with grant

funds under this section shall not exceed $15,000 for each

water well system or decentralized wastewater system de-

scribed in paragraph (1).’’; and

279

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(4) G

ROUND WELL WATER CONTAMINATION

.—In the event of

ground well water contamination, the Secretary shall allow a

loan or subgrant to be made with grant funds under this sec-

tion for the installation of water treatment where needed beyond

the point of entry, with or without the installation of a new

water well system.’’;

(4) in subsection (c), by striking ‘‘productive use of individ-

ually-owned household water well systems’’ and inserting ‘‘effec-

tive use of individually owned household water well systems,

individually owned household decentralized wastewater sys-

tems,’’; and

(5) in subsection (d)—

(A) by striking ‘‘$5,000,000’’ and inserting

‘‘$20,000,000’’; and

(B) by striking ‘‘2014 through 2018’’ and inserting

‘‘2019 through 2023’’.

SEC. 6410. SOLID WASTE MANAGEMENT GRANTS.

Section 310B(b)(2) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1932(b)(2)) is amended by striking ‘‘2018’’ and

inserting ‘‘2023’’.

SEC. 6411. RURAL BUSINESS DEVELOPMENT GRANTS.

Section 310B(c)(4)(A) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

SEC. 6412. RURAL COOPERATIVE DEVELOPMENT GRANTS.

(a) I

ENERAL

.—Section 310B(e) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 1932(e)) is amended—

(1) in paragraph (10), by inserting ‘‘(including research and

analysis based on data from the latest available Economic Cen-

sus conducted by the Bureau of the Census)’’ after ‘‘conduct re-

search’’; and

(2) in paragraph (13), by striking ‘‘2018’’ and inserting

‘‘2023’’.

(b) T

ECHNICAL

ORRECTION

.—Section 310B(e)(11)(B)(i) of such

Act (7 U.S.C. 1932(e)(11)(B)(i)) is amended by striking ‘‘(12)’’ and

inserting ‘‘(13)’’.

SEC. 6413. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL

FOOD PRODUCTS.

Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by strik-

ing ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 6414. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS

PROGRAM.

Section 310B(i)(4) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 1932(i)(4)) is amended by striking ‘‘2018’’ and

inserting ‘‘2023’’.

SEC. 6415. RURAL ECONOMIC AREA PARTNERSHIP ZONES.

Section 310B(j) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1932(j)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

280

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

SEC. 6416. INTEMEDIARY RELENDING PROGRAM.

Section 310H of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1936b) is amended—

(1) by redesignating subsection (e) as subsection (i);

(2) by inserting after subsection (d) the following:

‘‘(e) L

IMITATION ON

OAN

MOUNTS

.—The maximum amount of

a loan by an eligible entity described in subsection (b) to individuals

and entities for a project under subsection (c), including the unpaid

balance of any existing loans, shall be the lesser of—

‘‘(1) $400,000; and

‘‘(2) 50 percent of the loan to the eligible entity under sub-

section (a).

‘‘(f) A

PPLICATIONS

.—

‘‘(1) I

N GENERAL

.—To be eligible to receive a loan or loan

guarantee under subsection (a), an eligible entity described in

subsection (b) shall submit to the Secretary an application at

such time, in such manner, and containing such information as

the Secretary may require.

‘‘(2) E

VALUATION

.—In evaluating applications submitted

under paragraph (1), the Secretary shall—

‘‘(A)(i) take into consideration the previous performance

of an eligible entity in carrying out projects under sub-

section (c); and

‘‘(ii) in the case of satisfactory performance under

clause (i), require the eligible entity to contribute less equity

for subsequent loans without modifying the priority given

to subsequent applications; and

‘‘(B) in assigning priorities to applications, require an

eligible entity to demonstrate that it has a governing or ad-

visory board made up of business, civic, and community

leaders who are representative of the communities of the

service area, without limitation to the size of the service

area.

‘‘(g) R

ETURN OF

QUITY

.—The Secretary shall establish a sched-

ule that is consistent with the amortization schedules of the portfolio

of loans made or guaranteed under subsection (a) for the return of

any equity contribution made under this section by an eligible entity

described in subsection (b), if the eligible entity is—

‘‘(1) current on all principal and interest payments; and

‘‘(2) in compliance with loan covenants.

‘‘(h) R

EGULATIONS

.—The Secretary shall promulgate regulations

and establish procedures reducing the administrative requirements

on eligible entities described in subsection (b), including regulations

to carry out the amendments made to this section by the Agriculture

Improvement Act of 2018.’’; and

(3) in subsection (i) (as so redesignated), by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICI-

PANTS IN CERTAIN RURAL HOUSING PROGRAMS.

Section 331 of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1981), as amended by section 6210(a) of this Act, is

amended by adding at the end the following:

‘‘(f) A

CCESS TO

NFORMATION TO

ERIFY

NCOME FOR

ARTICI

PANTS IN

ERTAIN

URAL

OUSING

ROGRAMS

.—The Secretary and

the designees of the Secretary are hereby granted the same access to

281

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

information and subject to the same requirements applicable to the

Secretary of Housing and Urban Development as provided in section

453 of the Social Security Act (42 U.S.C. 653) and section

6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C.

6103(l)(7)(D)(ix)) to verify income for individuals participating in

sections 502, 504, 521, and 542 of the Housing Act of 1949 (42

U.S.C. 1472, 1474, 1490a, and 1490r), notwithstanding section

453(l) of the Social Security Act.’’.

SEC. 6418. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED

LOANS UNDER THE CONSOLIDATED FARM AND RURAL DE-

VELOPMENT ACT.

Section 333 of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1983) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6) and

inserting ‘‘; and’’; and

(3) 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 lend-

er fees in such amounts as to bring down the costs of subsidies

for the insured or guaranteed loan, except that the fees shall not

act as a bar to participation in the programs nor be incon-

sistent with current practices in the marketplace.’’.

SEC. 6419. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECH-

NICAL ASSISTANCE AND TRAINING.

The Consolidated Farm and Rural Development Act is amend-

ed by inserting after section 367, as added by section 5306 of this

Act, the following:

‘‘SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECH-

NICAL ASSISTANCE AND TRAINING.

‘‘(a) I

ENERAL

.—The Secretary may make grants to public

bodies, private nonprofit corporations, economic development au-

thorities, institutions of higher education, federally recognized In-

dian Tribes, and rural cooperatives for the purpose of providing or

obtaining technical assistance and training to support funding ap-

plications for programs carried out by the Secretary, acting through

the Administrator of the Rural Business-Cooperative Service.

‘‘(b) P

URPOSES

.—A grant under subsection (a) may be used—

‘‘(1) to assist communities in identifying and planning for

business and economic development needs;

‘‘(2) to identify public and private resources to finance busi-

ness and small and emerging business needs;

‘‘(3) to prepare reports and surveys necessary to request fi-

nancial assistance for businesses in rural communities; and

‘‘(4) to prepare applications for financial assistance.

‘‘(c) S

ELECTION

RIORITY

.—In selecting recipients of grants

under this section, the Secretary shall give priority to grants serving

persistent poverty counties and high poverty communities, as deter-

mined by the Secretary.

‘‘(d) F

UNDING

.—

‘‘(1) I

N GENERAL

.—There is authorized to be appropriated to

carry out this section $5,000,000 for each of fiscal years 2019

through 2023, to remain available until expended.

‘‘(2) A

VAILABILITY

.—Any amounts authorized to be appro-

priated under paragraph (1) for any fiscal year that are not ap-

282

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

propriated for that fiscal year may be appropriated for the im-

mediately succeeding fiscal year.’’.

SEC. 6420. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.

Section 378 of the Consolidated Farm and Rural Development

Act (7 U.S.C. 2008m) is amended in each of subsections (g)(1) and

(h), by striking ‘‘2018’’ and inserting ‘‘2023’’ each place it appears.

SEC. 6421. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.

Section 379B(d) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 2008p(d)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 6422. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.

Section 379E of the Consolidated Farm and Rural Development

Act (7 U.S.C. 2008s) is amended—

(1) in subsection (b)(4)(B)(ii)—

(A) in the clause heading, by striking ‘‘M

AXIMUM

AMOUNT

’’ and inserting ‘‘A

MOUNT

’’;

(B) by inserting ‘‘not less than 20 percent and’’ before

‘‘not more than 25 percent’’; and

following: ‘‘, subject to—

‘‘(I) satisfactory performance by the microen-

terprise development organization under this sec-

tion, and

‘‘(II) the availability of funding.’’; and

(2) by striking subsection (d) and inserting the following:

‘‘(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There are author-

ized to be appropriated to carry out this section $20,000,000 for

each of fiscal years 2019 through 2023.’’.

SEC. 6423. HEALTH CARE SERVICES.

Section 379G(e) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 2008u(e)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 6424. RURAL INNOVATION STRONGER ECONOMY GRANT PRO-

GRAM.

Subtitle D of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1981 et seq.) is amended by adding at the end the fol-

lowing:

‘‘SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PRO-

GRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means a

rural jobs accelerator partnership established after the date of

enactment of this section that—

‘‘(A) organizes key community and regional stake-

holders into a working group that—

‘‘(i) focuses on the shared goals and needs of the

industry clusters that are objectively identified as exist-

ing, emerging, or declining;

‘‘(ii) represents a region defined by the partnership

in accordance with subparagraph (B);

‘‘(iii) includes 1 or more representatives of—

283

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(I) an institution of higher education (as de-

fined in section 101 of the Higher Education Act of

1965 (20 U.S.C. 1001));

‘‘(II) a private entity; or

‘‘(III) a government entity; and

‘‘(iv) has, as a lead applicant—

‘‘(I) a District Organization (as defined in sec-

tion 300.3 of title 13, Code of Federal Regulations

(or a successor regulation));

‘‘(II) an Indian tribe (as defined in section 4 of

the Indian Self-Determination and Education As-

sistance Act (25 U.S.C. 5304)), or a consortium of

Indian tribes;

‘‘(III) a State or a political subdivision of a

State, including a special purpose unit of a State

or local government engaged in economic develop-

ment activities, or a consortium of political sub-

divisions;

‘‘(IV) an institution of higher education (as de-

fined in section 101 of the Higher Education Act of

1965 (20 U.S.C. 1001)) or a consortium of institu-

tions of higher education; or

‘‘(V) a public or private nonprofit organization;

and

‘‘(B) subject to approval by the Secretary, may—

‘‘(i) serve a region that is—

‘‘(I) a single jurisdiction; or

‘‘(II) if the region is a rural area, multijuris-

dictional; and

‘‘(ii) define the region that the partnership rep-

resents, if the region—

‘‘(I) is large enough to contain critical elements

of the industry cluster prioritized by the partner-

ship;

‘‘(II) is small enough to enable close collabora-

tion among members of the partnership;

‘‘(III) includes a majority of communities that

are located in—

‘‘(aa) a nonmetropolitan area that quali-

fies as a low-income community (as defined in

section 45D(e) of the Internal Revenue Code of

1986); and

‘‘(bb) an area that has access to or has a

plan to achieve broadband service (within the

meaning of title VI of the Rural Electrification

Act of 1936 (7 U.S.C. 950bb et seq.)); and

‘‘(IV)(aa) has a population of 50,000 or fewer

inhabitants; or

‘‘(bb) for a region with a population of more

than 50,000 inhabitants, is the subject of a positive

determination by the Secretary with respect to a

rural-in-character petition, including such a peti-

tion submitted concurrently with the application of

the partnership for a grant under this section.

284

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(2) I

NDUSTRY CLUSTER

.—The term ‘industry cluster’ means

a broadly defined network of interconnected firms and sup-

porting institutions in related industries that accelerate innova-

tion, business formation, and job creation by taking advantage

of assets and strengths of a region in the business environment.

‘‘(3) H

IGH

WAGE JOB

.—The term ‘high-wage job’ means a

job that provides a wage that is greater than the median wage

for the applicable region, as determined by the Secretary.

‘‘(4) J

OBS ACCELERATOR

.—The term ‘jobs accelerator’ means

a jobs accelerator center or program located in or serving a low-

income rural community that may provide co-working space, in-

demand skills training, entrepreneurship support, and any

other services described in subsection (d)(1)(B).

‘‘(5) S

MALL AND DISADVANTAGED BUSINESS

.—The term

‘small and disadvantaged business’ has the meaning given the

term ‘small business concern owned and controlled by socially

and economically disadvantaged individuals’ in section

8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).

‘‘(b) E

STABLISHMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish a grant

program under which the Secretary shall award grants, on a

competitive basis, to eligible entities to establish jobs accelera-

tors, including related programming, that—

‘‘(A) improve the ability of distressed rural commu-

nities to create high-wage jobs, accelerate the formation of

new businesses with high-growth potential, and strengthen

regional economies, including by helping to build capacity

in the applicable region to achieve those goals; and

‘‘(B) help rural communities identify and maximize

local assets and connect to regional opportunities, networks,

and industry clusters that demonstrate high growth poten-

tial.

‘‘(2) C

OST

SHARING

.—

‘‘(A) I

N GENERAL

.—The Federal share of the cost of any

activity carried out using a grant made under paragraph

(1) shall be not greater than 80 percent.

‘‘(B) I

KIND CONTRIBUTIONS

.—The non-Federal share

of the total cost of any activity carried out using a grant

made under paragraph (1) may be in the form of donations

or in-kind contributions of goods or services fairly valued.

‘‘(3) S

ELECTION CRITERIA

.—In selecting eligible entities to

receive grants under paragraph (1), the Secretary shall con-

sider—

‘‘(A) the commitment of participating core stakeholders

in the jobs accelerator partnership, including a demonstra-

tion that—

‘‘(i) investment organizations, including venture

development organizations, venture capital firms, re-

volving loan funders, angel investment groups, commu-

nity lenders, community development financial institu-

tions, rural business investment companies, small busi-

ness investment companies (as defined in section 103 of

the Small Business Investment Act of 1958 (15 U.S.C.

662)), philanthropic organizations, and other institu-

tions focused on expanding access to capital, are com-

285

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

mitted partners in the jobs accelerator partnership and

willing to potentially invest in projects emerging from

the jobs accelerator; and

‘‘(ii) institutions of higher education, applied re-

search institutions, workforce development entities, and

community-based organizations are willing to partner

with the jobs accelerator to provide workers with skills

relevant to the industry cluster needs of the region,

with an emphasis on the use of on-the-job training, reg-

istered apprenticeships, customized training, classroom

occupational training, or incumbent worker training;

‘‘(B) the ability of the eligible entity to provide the non-

Federal share as required under paragraph (2);

‘‘(C) the identification of a targeted industry cluster;

‘‘(D) the ability of the partnership to link rural commu-

nities to markets, networks, industry clusters, and other re-

gional opportunities and assets;

‘‘(E) other grants or loans of the Secretary and other

Federal agencies that the jobs accelerator would be able to

leverage; and

‘‘(F) prospects for the proposed center and related pro-

gramming to have sustainability beyond the full maximum

length of assistance under this subsection, including the

maximum number of renewals.

‘‘(4) G

RANT TERM AND RENEWALS

.—

‘‘(A) T

ERM

.—The initial term of a grant under para-

graph (1) shall be 4 years.

‘‘(B) R

ENEWAL

.—The Secretary may extend the term of

a grant under paragraph (1) for an additional period of not

longer than 2 years if the Secretary is satisfied, using the

evaluation under subsection (e)(2), that the grant recipient

has successfully established a jobs accelerator and related

programming.

‘‘(5) G

EOGRAPHIC DISTRIBUTION

.—To the maximum extent

practicable, the Secretary shall provide grants under paragraph

(1) for jobs accelerators and related programming in not fewer

than 25 States at any time.

‘‘(c) G

RANT

MOUNT

.—A grant awarded under subsection (b)

may be in an amount equal to—

‘‘(1) not less than $500,000; and

‘‘(2) not more than $2,000,000.

‘‘(d) U

SE OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (2), funds from a

grant awarded under subsection (b) may be used—

‘‘(A) to construct, purchase, or equip a building to serve

as an innovation center;

‘‘(B) to support programs to be carried out at, or in di-

rect partnership with, the jobs accelerator that support the

objectives of the jobs accelerator, including—

‘‘(i) linking rural communities and entrepreneurs

to markets, networks, industry clusters, and other re-

gional opportunities to support high-wage job creation,

new business formation, business expansion, and eco-

nomic growth;

286

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(ii) integrating small businesses into a supply

chain;

‘‘(iii) creating or expanding commercialization ac-

tivities for new business formation;

‘‘(iv) identifying and building assets in rural com-

munities that are crucial to supporting regional econo-

mies;

‘‘(v) facilitating the repatriation of high-wage jobs

to the United States;

‘‘(vi) supporting the deployment of innovative proc-

esses, technologies, and products;

‘‘(vii) enhancing the capacity of small businesses in

regional industry clusters, including small and dis-

advantaged businesses;

‘‘(viii) increasing United States exports and busi-

ness interaction with international buyers and sup-

pliers;

‘‘(ix) developing the skills and expertise of local

workforces, entrepreneurs, and institutional partners to

meet the needs of employers and prepare workers for

high-wage jobs in the identified industry clusters, in-

cluding the upskilling of incumbent workers;

‘‘(x) ensuring rural communities have the capacity

and ability to carry out projects relating to housing,

community facilities, infrastructure, or community and

economic development to support regional industry

cluster growth; or

‘‘(xi) any other activities that the Secretary may de-

termine to be appropriate.

‘‘(2) R

EQUIREMENT

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), not

more than 10 percent of a grant awarded under subsection

(b) shall be used for indirect costs associated with admin-

istering the grant.

‘‘(B) I

NCREASE

.—The Secretary may increase the per-

centage described in subparagraph (A) on a case-by-case

basis.

‘‘(e) A

NNUAL

CTIVITY

EPORT AND

VALUATION

.—Not later

than 1 year after receiving a grant under this section, and annually

thereafter for the duration of the grant, an eligible entity shall—

‘‘(1) report to the Secretary on the activities funded with the

grant; and

‘‘(2)(A) evaluate the progress that the eligible entity has

made toward the strategic objectives identified in the applica-

tion for the grant; and

‘‘(B) measure that progress using performance measures

during the project period, which may include—

‘‘(i) high-wage jobs created;

‘‘(ii) high-wage jobs retained;

‘‘(iii) private investment leveraged;

‘‘(iv) businesses improved;

‘‘(v) new business formations;

‘‘(vi) new products or services commercialized;

‘‘(vii) improvement of the value of existing products or

services under development;

287

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(viii) regional collaboration, as measured by such

metrics as—

‘‘(I) the number of organizations actively engaged

in the industry cluster;

‘‘(II) the number of symposia held by the industry

cluster, including organizations that are not located in

the immediate region defined by the partnership; and

‘‘(III) the number of further cooperative agree-

ments;

‘‘(ix) the number of education and training activities re-

lating to innovation;

‘‘(x) the number of jobs relocated from outside of the

United States to the region;

‘‘(xi) the amount and number of new equity investments

in industry cluster firms;

‘‘(xii) the amount and number of new loans to industry

cluster firms;

‘‘(xiii) the dollar increase in exports resulting from the

project activities;

‘‘(xiv) the percentage of employees for which training

was provided;

‘‘(xv) improvement in sales of participating businesses;

‘‘(xvi) improvement in wages paid at participating busi-

nesses;

‘‘(xvii) improvement in income of participating workers;

‘‘(xviii) any other measure the Secretary determines to

be appropriate.

‘‘(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $10,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 6425. DELTA REGIONAL AUTHORITY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 382M(a) of

the Consolidated Farm and Rural Development Act (7 U.S.C.

2009aa–12(a)) is amended by striking ‘‘2008 through 2018’’ and in-

serting ‘‘2019 through 2023’’.

(b) T

ERMINATION OF

UTHORITY

.—Section 382N of such Act (7

U.S.C. 2009aa–13) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 6426. RURAL BUSINESS INVESTMENT PROGRAM.

(a) D

EFINITIONS

.—Section 384A of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2009cc) is amended—

(1) in paragraph (2)—

(A) in the paragraph heading, by striking ‘‘

VENTURE

’’;

and

(B) by striking ‘‘venture’’; and

(2) by striking paragraph (4) and inserting the following:

‘‘(4) E

QUITY CAPITAL

.—The term ‘equity capital’ means—

‘‘(A) common or preferred stock or a similar instru-

ment, including subordinated debt with equity features;

and

‘‘(B) any other type of equity-like financing that might

be necessary to facilitate the purposes of this Act, excluding

financing such as senior debt or other types of financing

288

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

that competes with routine loanmaking of commercial lend-

ers.’’.

(b) P

URPOSES

.—Section 384B of such Act (7 U.S.C. 2009cc–1) is

amended—

(1) in paragraph (1), by striking ‘‘venture’’; and

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘venture’’; and

(B) in subparagraph (B), by striking ‘‘venture’’.

ELECTION OF

URAL

USINESS

NVESTMENT

OMPANIES

.—

Section 384D(b)(1) of such Act (7 U.S.C. 2009cc–3(b)(1)) is amended

by striking ‘‘developmental venture’’ and inserting ‘‘developmental’’.

(d) F

EES

.—Section 384G of such Act (7 U.S.C. 2009cc–6) is

amended—

(1) in subsections (a) and (b), by striking ‘‘a fee that does

not exceed $500’’ each place it appears and inserting ‘‘such fees

as the Secretary considers appropriate, so long as those fees are

proportionally equal for each rural business investment com-

pany,’’; and

(2) in subsection (c)(2)—

(A) in subparagraph (B), by striking ‘‘solely to cover the

costs of licensing examinations’’ and inserting ‘‘as the Sec-

retary considers appropriate’’; and

(B) by striking subparagraph (C) and inserting the fol-

lowing:

‘‘(C) shall be in such amounts as the Secretary con-

siders appropriate.’’.

(e) L

IMITATION ON

URAL

USINESS

NVESTMENT

OMPANIES

ONTROLLED BY

ARM

REDIT

YSTEM

NSTITUTIONS

.—Section

384J(c) of such Act (7 U.S.C. 2009cc–9(c)) is amended by striking

‘‘25’’ and inserting ‘‘50’’.

(f) F

LEXIBILITY ON

OURCES OF

NVESTMENT OR

APITAL

.—Sec-

tion 384J(a) of such Act (7 U.S.C. 2009cc–9(a)) is amended—

(1) by redesignating paragraphs (1) and (2) as subpara-

graphs (A) and (B), respectively, and indenting appropriately;

(2) by striking the subsection designation and heading and

all that follows through ‘‘Except as’’ in the matter preceding

subparagraph (A) (as so redesignated) and inserting the fol-

lowing:

‘‘(a) I

NVESTMENT

.—

‘‘(1) I

N GENERAL

.—Except as’’; and

(3) by adding at the end the following:

‘‘(2) L

IMITATION ON REQUIREMENTS

.—The Secretary may

not require that an entity described in paragraph (1) provide

investment or capital that is not required of other companies el-

igible to apply to operate as a rural business investment com-

pany under section 384D(a).’’.

SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM.

Section 384S of the Consolidated Farm and Rural Development

Act (7 U.S.C. 2009cc–18) is amended by striking ‘‘2018’’ and insert-

ing ‘‘2023’’.

289

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

Subtitle E—Additional Amendments to the

Rural Electrification Act of 1936

SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL ELECTRIFICA-

TION ACT OF 1936.

(a) E

LECTRIC

OAN

EFINANCING

.—Section 2(a) of the Rural

Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking

‘‘loans in’’ and inserting ‘‘loans, or refinance loans made by the Sec-

retary under this Act, in’’.

(b) T

ECHNICAL

SSISTANCE FOR

URAL

LECTRIFICATION

OANS

.—Section 2 of such Act (7 U.S.C. 902) is amended by adding

at the end the following:

‘‘(c) T

ECHNICAL

SSISTANCE

.—Not later than 180 days after the

date of enactment of this subsection, the Secretary shall enter into

a memorandum of understanding with the Secretary of Energy

under which the Secretary of Energy shall provide technical assist-

ance to the Rural Utilities Service on loans to be made under sub-

section (a) of this section and section 4(a).’’.

SEC. 6502. LOANS FOR TELEPHONE SERVICE.

Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.

922) is amended—

(1) by striking the section designation and all that follows

through ‘‘From such sums’’ and inserting the following:

‘‘SEC. 201. LOANS FOR TELEPHONE SERVICE.

‘‘From such sums’’;

(2) in the second sentence, by striking ‘‘associations:’’ and

all that follows through ‘‘same subscribers.’’ and inserting ‘‘as-

sociations.’’; and

(3) in the sixth sentence, by striking ‘‘, nor shall such loan

be made in any State’’ and all that follows through ‘‘writing)’’

in the seventh sentence and inserting the following: ‘‘and’’.

SEC. 6503. CUSHION OF CREDIT PAYMENTS PROGRAM.

Section 313(a) of the Rural Electrification Act of 1936 (7 U.S.C.

940c(a)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(1) I

N GENERAL

.—The’’ and inserting

the following:

‘‘(1) I

N GENERAL

.—

‘‘(A) D

EVELOPMENT AND PROMOTION OF PROGRAM

.—

The’’; and

(B) by adding after and below the end the following:

‘‘(B) T

ERMINATION

.—Effective on the date of enactment

of this subparagraph, no deposits may be made under sub-

paragraph (A).’’;

(2) in paragraph (2)—

(A) by striking ‘‘(2) I

NTEREST

.—Amounts’’ and inserting

the following:

‘‘(2) I

NTEREST

.—

‘‘(A) I

N GENERAL

.—Amounts’’; and

(B) by adding after and below the end the following:

‘‘(B) R

EDUCTION

.—Notwithstanding subparagraph (A),

amounts in each cushion of credit account shall accrue in-

terest to the borrower at a rate equal to—

290

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(i) 4 percent per annum in fiscal year 2021; and

‘‘(ii) the then applicable 1-year Treasury rate there-

after.’’; and

(3) in paragraph (3)—

(A) by striking ‘‘(3) B

ALANCE

.—A’’ and inserting the fol-

lowing:

‘‘(3) B

ALANCE

.—

‘‘(A) I

N GENERAL

.—A’’; and

(B) by after and below the end the following:

‘‘(B) P

REPAYMENT

.—Notwithstanding subparagraph (A)

and subject to subparagraph (C), beginning on the date of

the enactment of this subparagraph and ending with Sep-

tember 30, 2020, a borrower may, at the sole discretion of

the borrower, reduce the balance of its cushion of credit ac-

count if the amount obtained from the reduction is used to

prepay loans made or guaranteed under this Act.

‘‘(C) N

O PREPAYMENT PREMIUM

.—Notwithstanding any

other provision of this Act, no prepayment premium shall

be imposed or collected with respect to that portion of a

loan that is prepaid by a borrower in accordance with sub-

paragraph (B).

‘‘(D) M

ANDATORY FUNDING

.—Notwithstanding section

504 of the Federal Credit Reform Act of 1990, out of any

funds in the Treasury not otherwise appropriated, the Sec-

retary of the Treasury shall make available such sums as

necessary to cover any loan modification costs as defined in

section 502 of such Act.’’.

SEC. 6504. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT

LOAN AND GRANT PROGRAM.

(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936

(7 U.S.C. 912(b)(3)(D)) is amended by striking ‘‘313(b)(2)(A)’’ and in-

serting ‘‘313(b)(2)’’.

(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is amend-

ed—

(1) by striking all that precedes ‘‘shall maintain’’ and in-

serting the following:

‘‘(2) R

URAL ECONOMIC DEVELOPMENT SUBACCOUNT

.—The

Secretary’’; and

(2) by striking ‘‘the 5 percent’’ and all that follows through

subparagraph (E) and inserting ‘‘5 percent.’’.

serting after section 313A the following:

‘‘SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.

‘‘(a) I

ENERAL

.—The Secretary shall provide grants or zero

interest loans to borrowers under this Act for the purpose of pro-

moting rural economic development and job creation projects, in-

cluding funding for project feasibility studies, start-up costs, incu-

bator projects, and other reasonable expenses for the purpose of fos-

tering rural development.

‘‘(b) R

EPAYMENTS

.—In the case of zero interest loans, the Sec-

retary shall establish such reasonable repayment terms as will en-

courage borrower participation.

‘‘(c) P

ROCEEDS

.—All proceeds from the repayment of such loans

made under this section shall be returned to the subaccount that the

291

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

Secretary shall maintain in accordance with sections 313(b)(2) and

313B(f).

‘‘(d) N

UMBER OF

RANTS

.—Loans and grants required under

this section shall be made to the full extent of the amounts made

available under subsection (e).

‘‘(e) F

UNDING

.—

‘‘(1) D

ISCRETIONARY 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) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall credit to the subaccount

to use for the cost of grants and loans under this section

$5,000,000 for each of fiscal years 2022 and 2023, to remain

available until expended.

‘‘(3) O

THER FUNDS

.—In addition to the funds described in

paragraphs (1) and (2), the Secretary shall use, without fiscal

year limitation, to provide grants and loans under this sec-

tion—

‘‘(A) the interest differential sums credited to the sub-

account described in subsection (c); and

‘‘(B) subject to section 313A(e)(2), the fees described in

subsection (c)(4) of such section.

‘‘(f) M

AINTENANCE OF

CCOUNT

.—The Secretary shall maintain

the subaccount described in section 313(b)(2), as in effect in fiscal

year 2017, for purposes of carrying out this section.’’.

(d) Section 313A of the Rural Electrification Act of 1936 (7

U.S.C. 940c–1) is amended—

(1) in subsection (c)(4)—

(A) in subparagraph (A), by striking ‘‘maintained

under section 313(b)(2)(A)’’ and inserting ‘‘that shall be

maintained as required by sections 313(b)(2) and 313B(f)’’;

and

(B) in subparagraph (B), by striking ‘‘313(b)(2)(B)’’ and

inserting ‘‘313(b)(2)’’; and

(2) in subsection (e)(2), by striking ‘‘maintained under sec-

tion 313(b)(2)(A)’’ and inserting ‘‘required to be maintained by

sections 313(b)(2) and 313B(f)’’.

(e)(1) Subject to section 313B(e) of the Rural Electrification Act

of 1936 (as added by this section), the Secretary of Agriculture shall

carry out the loan and grant program required under such section

in the same manner as the loan and grant program under section

313(b)(2) of such Act is carried out on the day before the date of the

enactment of this Act, until such time as any regulations necessary

to carry out the amendments made by this section are fully imple-

mented.

(2) Paragraph (1) shall take effect on the date of the enactment

of this Act.

SEC. 6505. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELEC-

TRIFICATION OR TELEPHONE PURPOSES.

(a) I

ENERAL

.—Section 313A of the Rural Electrification Act

of 1936 (7 U.S.C. 940c–1) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Subject to’’ and inserting the following:

292

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘(1) G

UARANTEES

.—Subject to’’;

(B) in paragraph (1) (as so designated), by striking

‘‘basis’’ and all that follows through the period at the end

and inserting ‘‘basis, if the proceeds of the bonds or notes

are used to make utility infrastructure loans, or refinance

bonds or notes issued for those purposes, to a borrower that

has at any time received, or is eligible to receive, a loan

under this Act.’’; and

‘‘(2) T

ERMS

.—A bond or note guaranteed under this section

shall, by agreement between the Secretary and the borrower—

‘‘(A) be for a term of 30 years (or another term of years

that the Secretary determines is appropriate); and

‘‘(B) be repaid by the borrower—

‘‘(i) in periodic installments of principal and inter-

est;

‘‘(ii) in periodic installments of interest and, at the

end of the term of the bond or note, as applicable, by

the repayment of the outstanding principal; or

‘‘(iii) through a combination of the methods de-

scribed in clauses (i) and (ii).’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘electrification’’ and

all that follows through the period at the end and inserting

‘‘purposes described in subsection (a)(1).’’;

(B) by striking paragraph (2);

graphs (2) and (3), respectively; and

(D) in paragraph (2) (as so redesignated)—

(i) in subparagraph (A), by striking ‘‘for electrifica-

tion or telephone purposes’’ and inserting ‘‘for eligible

purposes described in subsection (a)(1)’’; and

(ii) in subparagraph (C), by striking ‘‘subsection

(a)’’ and inserting ‘‘subsection (a)(1)’’; and

(3) in subsection (f), by striking ‘‘2018’’ and inserting

‘‘2023’’.

(b) A

DMINISTRATION

.—Beginning on the date of enactment of

the Agriculture Improvement Act of 2018, the Secretary shall con-

tinue to carry out section 313A of the Rural Electrification Act of

1936 (7 U.S.C. 940c–1) (as amended by subsection (a)) under a No-

tice of Solicitation of Applications until the date on which any regu-

lations necessary to carry out the amendments made by subsection

(a) are fully implemented.

SEC. 6506. EXPANSION OF 911 ACCESS.

Section 315 of the Rural Electrification Act of 1936 (7 U.S.C.

940e) is amended—

(1) in subsection (a)(2), by striking ‘‘commercial or trans-

portation’’ and inserting ‘‘critical transportation-related’’; and

(2) in subsection (d), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 6507. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.

Title III of the Rural Electrification Act of 1936 (7 U.S.C. 931

et seq.) is amended by adding at the end the following:

293

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

‘‘SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.

‘‘(a) D

EFINITION OF

YBERSECURITY AND

RID

ECURITY

PROVEMENTS

.—In this section, the term ‘cybersecurity and grid secu-

rity improvements’ means investment in the development, expansion,

and modernization of rural utility infrastructure that addresses

known cybersecurity and grid security risks.

‘‘(b) L

OANS AND

OAN

UARANTEES

.—The Secretary may make

or guarantee loans under this title and title I for cybersecurity and

grid security improvements.’’.

Subtitle F—Program Repeals

SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.

(a) C

ONSOLIDATED

ARM AND

URAL

EVELOPMENT

.—

(1) R

EPEALERS

.—The following provisions of the Consoli-

dated Farm and Rural Development Act are hereby repealed:

(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).

(B) Section 310B(f) (7 U.S.C. 1932(f)).

(D) Section 379A (7 U.S.C. 2008o).

(E) Section 379C (7 U.S.C. 2008q).

(F) Section 379D (7 U.S.C. 2008r).

(G) Section 379F (7 U.S.C. 2008t).

(H) Subtitle I (7 U.S.C. 2009dd–2009dd–7).

(2) C

ONFORMING AMENDMENT

.—Section 333A(h) of such Act

(7 U.S.C. 1983a(h)) is amended by striking ‘‘310B(f),’’.

(b) R

URAL

LECTRIFICATION

CT OF

1936.—Section 314 of the

Rural Electrification Act of 1936 (7 U.S.C. 940d) is hereby repealed.

SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.

(a) R

EPEAL

.—Title IV of the Rural Electrification Act of 1936 (7

U.S.C. 941–950b) is repealed.

(b) C

ONFORMING

MENDMENTS

.—

(1) Section 18 of such Act (7 U.S.C. 918) is amended in

each of subsections (a) and (b) by striking ‘‘and the Governor

of the telephone bank’’.

(2) Section 204 of such Act (7 U.S.C. 925) is amended by

striking ‘‘and the Governor of the telephone bank’’.

(3) Section 205(a) of such Act (7 U.S.C. 926) is amended—

(A) in the matter preceding paragraph (1), by striking

‘‘and the Governor of the telephone bank’’; and

(B) in paragraph (2), by striking ‘‘or the Governor of

the telephone bank’’.

(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is amend-

ed—

(A) in the matter preceding paragraph (1), by striking

‘‘and the Governor of the telephone bank’’;

(B) by striking paragraph (1);

(D) by redesignating paragraphs (2) through (4) as

paragraphs (1) through (3), respectively.

(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is amend-

ed—

(A) in the matter preceding paragraph (1), by striking

‘‘and the Governor of the telephone bank’’;

294

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(B) in paragraph (1), by striking ‘‘, or a Rural Tele-

phone Bank loan,’’; and

phone Bank,’’.

(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is amend-

ed—

(A) by striking ‘‘305,’’ and inserting ‘‘305 or’’; and

(B) by striking ‘‘, or a loan under section 408,’’.

(7) Section 301 of such Act (7 U.S.C. 931) is amended—

(A) in paragraph (3), by striking ‘‘except for net collec-

tion proceeds previously appropriated for the purchase of

class A stock in the Rural Telephone Bank,’’;

(B) by adding ‘‘or’’ at the end of paragraph (4);

inserting a period; and

(D) by striking paragraph (6).

(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B))

is amended—

(A) in clause (i), by striking ‘‘and a loan under section

408’’; and

(B) in clause (ii), by striking ‘‘and under section 408’’

each place it appears.

(9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C))

is amended by striking ‘‘and section 408(b)(4)(C), the Secretary

and the Governor of the telephone bank’’ and inserting ‘‘the Sec-

retary’’.

(10) Section 306 of such Act (7 U.S.C. 936) is amended by

striking ‘‘the Rural Telephone Bank, National Rural Utilities

Cooperative Finance Corporation,’’ and inserting ‘‘the National

Rural Utilities Cooperative Finance Corporation’’.

(11) Section 309 of such Act (7 U.S.C. 739) is amended by

striking the last sentence.

(12) Section 2352(b) of the Food, Agriculture, Conservation,

and Trade Act of 1990 (7 U.S.C. 901 note) is amended by strik-

ing ‘‘the Rural Telephone Bank and’’.

(13) The first section of Public Law 92–12 (7 U.S.C. 921a)

is repealed.

(14) The first section of Public Law 92–324 (7 U.S.C. 921b)

is repealed.

(15) Section 1414 of the Omnibus Budget Reconciliation Act

of 1987 (7 U.S.C. 944a) is repealed.

(16) Section 1411 of the Omnibus Budget Reconciliation Act

of 1987 (7 U.S.C. 948 notes) is amended by striking subsections

(a) and (b).

(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12

U.S.C. 2129(b)(1)(A)) is amended by striking ‘‘or a loan or loan

commitment from the Rural Telephone Bank,’’.

(18) Section 105(d) of the National Consumer Cooperative

Bank Act (12 U.S.C. 3015(d)) is amended by striking ‘‘the Rural

Telephone Bank,’’.

(19) Section 9101 of title 31, United States Code, is amend-

ed—

(A) in paragraph (2), by striking subparagraph (H)

and redesignating subparagraphs (I), (J), and (K) as sub-

paragraphs (H), (I), and (J), respectively; and

295

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

(B) in paragraph (3), by striking subparagraphs (K)

and (O) and redesignating subparagraphs (L) through (N)

and (P) through (R) as subparagraphs (K) through (P), re-

spectively.

(20) Section 9108(d)(2) of title 31, United States Code, is

amended by striking ‘‘the Rural Telephone Bank (when the

ownership, control, and operation of the Bank are converted

under section 410(a) of the Rural Electrification Act of 1936 (7

U.S.C. 950(a))),’’.

SEC. 6603. AMENDMENTS TO LOCAL TV ACT.

The Launching Our Communities’ Access to Local Television

Act of 2000 (title X of H.R. 5548 of the 106th Congress, as enacted

by section 1(a)(2) of Public Law 106–553; 114 Stat. 2762A–128) is

amended—

(1) by striking the title heading and inserting the following:

‘‘TITLE X—SATELLITE CARRIER

RETRANSMISSION ELIGIBILITY’’;

(2) by striking sections 1001 through 1007 and 1009

through 1012; and

(3) by redesignating section 1008 as section 1001.

Subtitle G—Technical Corrections

SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM

AND RURAL DEVELOPMENT ACT.

(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by in-

serting after ‘‘nonprofit corporations’’ the following: ‘‘, Indian Tribes

(as defined in section 4(e) of the Indian Self-Determination and

Education Assistance Act)’’.

(2) The amendment made by this subsection shall take effect as

if included in section 773 of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropria-

tions Act, 2001 (H.R. 5426 of the 106th Congress, as enacted by

Public Law 106–387 (114 Stat. 1549A–45)) in lieu of the amend-

ment made by such section.

(b)(1) Section 309A(b) of the Consolidated Farm and Rural De-

velopment Act (7 U.S.C. 1929a(b)) is amended by striking ‘‘and sec-

tion 308’’.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 661(c)(2) of the Federal Agri-

cultural Improvement and Reform Act of 1996 (Public Law 104–

127).

Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking

‘‘and’’ after the semicolon and inserting ‘‘or’’.

(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by in-

serting ‘‘, except that the Secretary shall not require non-Federal fi-

nancial 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

296

O:\ELT\ELT18A61.xml [file 7 of 13] S.L.C.

in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;

Public Law 103–382))’’ before the period at the end.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 6015 of the Farm Security

and Rural Investment Act of 2002 (Public Law 107–171).

(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking sub-

paragraph (A) and redesignating subparagraphs (B) and (C) as

subparagraphs (A) and (B), respectively.

(2) The amendment made by paragraph (1) shall take effect as

if included in the enactment of section 6012(b) of the Agricultural

Act of 2014 (Public Law 113–79).

(f)(1) Section 382A of the Consolidated Farm and Rural Devel-

opment 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 Au-

thority and shall be entitled to all rights and privileges that

said membership affords to all other participating States in the

Delta Regional Authority.’’.

(2) The amendment made by this subsection shall take effect as

if included in the enactment of section 153(b) of division B of H.R.

5666, as introduced in the 106th Congress, and as enacted by sec-

tion 1(4) of the Consolidated Appropriations Act, 2001 (Appendix D

of Public Law 106–554; 114 Stat. 2763A–252).

(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural

Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving

clause (iv) 2 ems to the right.

(h) Section 383G(c) of the Consolidated Farm and Rural Devel-

opment Act (7 U.S.C. 2009bb-5(c)) is amended—

(1) in the subsection heading by striking ‘‘T

ELECOMMUNI

CATION

ENEWABLE

NERGY

,,’’ and inserting ‘‘T

ELECOMMUNI

CATION

, R

ENEWABLE

NERGY

,’’; and

(2) 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—

(1) in the 3rd sentence by striking ‘‘wildest’’ and inserting

‘‘widest’’; and

(2) in the 6th sentence, by striking ‘‘centifies’’ and inserting

‘‘certifies’’.

297

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

TITLE VII—RESEARCH, EXTENSION, AND

RELATED MATTERS

Subtitle A—National Agricultural Re-

search, Extension, and Teaching Policy

Act of 1977

SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND

EDUCATION.

Section 1402 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at the end;

(2) in paragraph (8), by striking the period at the end and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(9) support international collaboration that leverages re-

sources and advances priority food and agricultural interests of

the United States, such as—

‘‘(A) addressing emerging plant and animal diseases;

‘‘(B) improving crop varieties and animal breeds; and

‘‘(C) developing safe, efficient, and nutritious food sys-

tems.’’.

SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS

AND DECLARATIONS.

(a) I

ENERAL

.—Section 1404(14) of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3103(14)) is amended—

(1) by amending subparagraph (A) to read as follows:

‘‘(A) I

N GENERAL

.—

‘‘(i) D

EFINITION

.—The terms ‘NLGCA Institution’

and ‘non-land-grant college of agriculture’ mean a pub-

lic college or university offering a baccalaureate or

higher degree in the study of agricultural sciences, for-

estry, or both in any area of study specified in clause

(ii).

‘‘(ii) C

LARIFICATION

.—For purposes of clause (i), an

area of study specified in this clause is any of the fol-

lowing:

‘‘(I) Agriculture.

‘‘(II) Agricultural business and management.

‘‘(III) Agricultural economics.

‘‘(IV) Agricultural mechanization.

‘‘(V) Agricultural production operations.

‘‘(VI) Aquaculture.

‘‘(VII) Agricultural and food products proc-

essing.

‘‘(VIII) Agricultural and domestic animal serv-

ices.

‘‘(IX) Equestrian or equine studies.

‘‘(X) Applied horticulture or horticulture oper-

ations.

‘‘(XI) Ornamental horticulture.

298

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(XII) Greenhouse operations and manage-

ment.

‘‘(XIII) Turf and turfgrass management.

‘‘(XIV) Plant nursery operations and manage-

ment.

‘‘(XV) Floriculture or floristry operations and

management.

‘‘(XVI) International agriculture.

‘‘(XVII) Agricultural public services.

‘‘(XVIII) Agricultural and extension education

services.

‘‘(XIX) Agricultural communication or agricul-

tural 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.

‘‘(XXXIII) Any other area, as determined ap-

propriate by the Secretary.’’; and

(2) in subparagraph (C)—

(A) in the matter preceding clause (i), by inserting ‘‘any

institution designated under’’ after ‘‘include’’;

(B) by striking clause (i); and

(i) by striking ‘‘(ii) any institution designated

under—’’;

(ii) by striking subclause (IV);

(iii) in subclause (II), by adding ‘‘or’’ at the end;

(iv) in subclause (III), by striking ‘‘; or’’ at the end

and inserting a period; and

(v) by redesignating subclauses (I), (II), and (III)

(as so amended) as clauses (i), (ii), and (iii), respec-

tively, and by moving the margins of such clauses (as

so redesignated) two ems to the left.

(b) D

ESIGNATION

EVIEW

.—

(1) I

N 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 sec-

tion 1404(14)(A) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A)))

to ensure compliance with such section, as amended by this

subsection.

299

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(2) R

EVOCATION

.—An NLGCA Institution that the Secretary

determines under subparagraph (A) to be not in compliance

shall have the designation of such institution revoked.

SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDU-

CATION, AND ECONOMICS ADVISORY BOARD.

Section 1408 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘25’’ and inserting

‘‘15’’; and

(B) by amending paragraph (3) to read as follows:

‘‘(3) M

EMBERSHIP 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 pro-

duction of a food animal commodity and who are rec-

ommended by a coalition of national livestock organi-

zations;

‘‘(iii) who are producers actively engaged in the

production of a plant commodity and who are rec-

ommended by a coalition of national crop organiza-

tions; or

‘‘(iv) who are producers actively engaged in aqua-

culture and who are recommended by a coalition of na-

tional aquacultural organizations.

‘‘(B) 2 members representing academic or research soci-

eties, 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, ex-

tension, and education, which shall include each of the fol-

lowing:

‘‘(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 American colleges of

veterinary medicine.

‘‘(D) 5 members representing industry, consumer, or

rural interests, including members representing—

300

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(i) entities engaged in transportation of food and

agricultural products to domestic and foreign markets;

‘‘(ii) food retailing and marketing interests;

‘‘(iii) food and fiber processors;

‘‘(iv) rural economic development interests;

‘‘(v) a national consumer interest group;

‘‘(vi) a national forestry group;

‘‘(vii) a national conservation or natural resource

group;

‘‘(viii) a national social science association;

‘‘(ix) private sector organizations involved in inter-

national development; or

‘‘(x) a national association of agricultural econo-

mists.’’;

(2) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘review and’’ and inserting ‘‘make rec-

ommendations, review, and’’;

(ii) by striking subparagraph (A) and inserting the

following new subparagraph:

‘‘(A) long-term and short-term national policies and

priorities consistent with the—

‘‘(i) purposes specified in section 1402 for agricul-

tural research, extension, education, and economics;

and

‘‘(ii) priority areas of the Agriculture and Food Re-

search Initiative specified in subsection (b)(2) of the

Competitive, Special, and Facilities Research Grant

Act (7 U.S.C. 3157(b)(2));’’; and

(iii) by amending subparagraph (B) to read as fol-

lows:

‘‘(B) the annual establishment of national priorities

that are in accordance with the priority areas of the Agri-

culture 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)).’’;

(B) in paragraph (2), by inserting ‘‘and make rec-

ommendations to the Secretary based on such evaluation’’

after ‘‘priorities’’; and

ommendations on’’ after ‘‘review’’; and

(3) in subsection (h), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7104. SPECIALTY CROP COMMITTEE.

Section 1408A(a)(2) of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) is

amended—

(1) in subparagraph (A), by striking ‘‘speciality’’ and insert-

ing ‘‘specialty’’;

(2) in subparagraph (B)—

(A) in the matter preceding clause (i), by striking ‘‘9’’

and inserting ‘‘11’’; and

(B) in clause (i), by striking ‘‘Three’’ and inserting

‘‘Five’’; and

301

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(3) in subparagraph (D), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.

Subtitle B of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended

by striking section 1408B.

SEC. 7106. VETERINARY SERVICES GRANT PROGRAM.

Section 1415B of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3151b) is amend-

ed—

(1) in subsection (d)(1), by adding at the end the following:

‘‘(F) To expose students in grades 11 and 12 to edu-

cation and career opportunities in food animal medicine.’’;

and

(2) in subsection (h)—

(A) by striking the subsection designation and heading

and inserting the following:

‘‘(h) A

UTHORIZATION OF

PPROPRIATIONS

.—

‘‘(1) I

N GENERAL

.—’’; and

(B) by adding at the end the following:

‘‘(2) P

RIORITY

.—From amounts made available for grants

under this section, the Secretary shall prioritize grant awards

for programs or activities with a focus on the practice of food

animal medicine. ’’.

SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE

SCIENCES EDUCATION.

Section 1417(m)(2) of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.

Section 1419A(e) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended

by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITU-

TIONS AND NATIVE HAWAIIAN SERVING INSTITUTIONS.

Section 1419B of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended—

(1) in subsection (a)(3), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in subsection (b)(3), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7110. NEXT GENERATION AGRICULTURE TECHNOLOGY CHAL-

LENGE.

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:

‘‘SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY CHAL-

LENGE.

‘‘(a) I

ENERAL

.—The Secretary shall establish a next genera-

tion agriculture technology challenge competition to provide an in-

centive for the development of innovative mobile technology that re-

moves barriers to entry in the marketplace for beginning farmers

and ranchers (as defined in subsection (a) of section 2501 of the

302

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279)).

‘‘(b) A

MOUNT

.—The Secretary may award not more than

$1,000,000 in the aggregate to 1 or more winners of the competition

under subsection (a).’’.

SEC. 7111. LAND-GRANT DESIGNATION.

Subtitle C of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.), as amend-

ed by section 7110, is further amended by adding at the end the fol-

lowing new section:

‘‘SEC. 1419D. LAND-GRANT DESIGNATION.

‘‘(a) P

ROHIBITION ON

ESIGNATION

.—

‘‘(1) I

N GENERAL

.—Notwithstanding any other provision of

law and except as provided in paragraphs (2) and (3), begin-

ning on the date of the enactment of this section, no additional

entity may be designated as eligible to receive funds under a

covered program.

‘‘(2) 1994

INSTITUTIONS

.—The prohibition under paragraph

(1) with respect to the designation of an entity eligible to receive

funds under a covered program shall not apply in the case of

the certification of a 1994 Institution under section 2 of Public

Law 87–788 (commonly known as the ‘‘McIntire-Stennis Cooper-

ative Forestry Act’’) (16 U.S.C. 582a–1).

‘‘(3) E

XTRAORDINARY CIRCUMSTANCES

.—In the case of ex-

traordinary circumstances or a situation that would lead to an

inequitable result, as determined by the Secretary, the Secretary

may determine that an entity designated after the date of enact-

ment of this section is eligible to receive funds under a covered

program.

‘‘(b) S

TATE

UNDING

.—No State shall receive an increase in

funding under a covered program as a result of the State’s designa-

tion of additional entities as eligible to receive such funding.

‘‘(c) C

OVERED

ROGRAM

EFINED

.—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.

‘‘(4) Public Law 87–788 (commonly known as the McIntire-

Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).

‘‘(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed as limiting eligibility for a capacity and infrastructure

program specified in section 251(f)(1)(C) of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is

not a covered program.’’.

SEC. 7112. NUTRITION EDUCATION PROGRAM.

Section 1425 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended—

(1) by redesignating subsection (f) as subsection (g);

(2) by inserting after subsection (e) the following:

‘‘(f) C

OORDINATION

.—Projects carried out with funds made

available under section 3(d) of the Act of May 8, 1914 (7 U.S.C.

303

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

343(d)), to carry out the program established under subsection (b)

may be coordinated with the nutrition education and obesity preven-

tion grant program under section 28 of the Food and Nutrition Act

of 2008 (7 U.S.C. 2036a) or another health promotion or nutrition

improvement strategy, whether publicly or privately funded, as de-

termined by the Secretary.’’; and

(3) in subsection (g) (as so redesignated), by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 7113. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH

PROGRAMS.

Section 1433(c)(1) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7114. CARRYOVER OF FUNDS FOR EXTENSION AT 1890 LAND-

GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.

Section 1444(a) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amend-

ed by striking paragraph (4).

SEC. 7115. EXTENSION AND AGRICULTURAL RESEARCH AT 1890 LAND-

GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.

(a) E

XTENSION

.—Section 1444(b) of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3221(b)) is amended—

(1) in the undesignated matter following paragraph

(2)(B)—

(A) by striking ‘‘paragraph (2) of this subsection’’ and

inserting ‘‘this paragraph’’; and

(B) by striking ‘‘In computing’’ and inserting the fol-

lowing:

‘‘(C) In computing’’;

(2) in paragraph (2)—

(A) in subparagraph (B), by striking ‘‘Of the remain-

der’’ and inserting ‘‘Except as provided in paragraph (4), of

the remainder’’; and

(B) by striking ‘‘(2) any funds’’ and inserting the fol-

lowing:

‘‘(3) A

DDITIONAL AMOUNT

.—Any funds’’;

(3) in paragraph (1)—

(A) by striking ‘‘are allocated’’ and inserting ‘‘were allo-

cated’’; and

(B) by striking ‘‘; and’’ and inserting ‘‘, as so designated

as of that date.’’;

(4) by striking ‘‘(b) Beginning’’ in the matter preceding

paragraph (1) and all that follows through ‘‘any funds’’ in para-

graph (1) and inserting the following:

‘‘(b) D

ISTRIBUTION OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Funds made available under this section

shall be distributed among eligible institutions in accordance

with this subsection.

‘‘(2) B

ASE AMOUNT

.—Any funds’’; and

(5) by adding at the end the following:

‘‘(4) S

PECIAL AMOUNTS

.—

‘‘(A) D

EFINITIONS

.—In this paragraph:

304

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(i) C

OVERED FISCAL YEAR

.—The term ‘covered fis-

cal year’ means the fiscal year for which the qualified

eligible institution first received an allocation of

$3,000,000 under subparagraph (B)(i).

‘‘(ii) O

THER ELIGIBLE INSTITUTION

.—The term

‘other eligible institution’ means an eligible institution,

other than the qualified eligible institution, receiving

an allocation of funds under this section.

‘‘(iii) Q

UALIFIED ELIGIBLE INSTITUTION

.—The term

‘qualified eligible institution’ means the eligible institu-

tion described in subparagraph (B)(i).

‘‘(B) F

ISCAL YEAR 2019

2020

2021

OR 2022

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), for 1 of fis-

cal year 2019, 2020, 2021, or 2022, if the calculation

under paragraph (3)(B) would result in a distribution

for a fiscal year of less than $3,000,000 to an eligible

institution that first received funds under this section

on a date occurring after the date of enactment of the

Agricultural Act of 2014 (Public Law 113–79; 128 Stat.

649) and before September 30, 2018, that institution

shall receive an allocation of $3,000,000 for that fiscal

year.

‘‘(ii) L

IMITATION

.—Clause (i) shall apply only if

amounts are appropriated under this section in an

amount sufficient to provide that each other eligible in-

stitution receiving an allocation of funds under this

section for fiscal year 2019, 2020, 2021, or 2022, as ap-

plicable, receives not less than the amount of funds re-

ceived by that other eligible institution under this sec-

tion for the preceding fiscal year.

‘‘(C) S

UBSEQUENT FISCAL YEARS

.—

‘‘(i) M

INIMUM ADDITIONAL FUNDING AMOUNTS

.—

Subject to clauses (ii) and (iii), for each fiscal year fol-

lowing the covered fiscal year—

‘‘(I) the qualified eligible institution shall re-

ceive an allocation under this subsection of at least

$3,000,000; and

‘‘(II) each other eligible institution shall receive

an allocation under this subsection of at least the

amount received by such other eligible institution

under this subsection for the covered fiscal year.

‘‘(ii) S

HORTFALL OF SPECIAL AMOUNTS

.—

‘‘(I) A

PPLICABILITY

.—This clause shall apply to

any fiscal year following the covered fiscal year

and for which the total amount appropriated

under this section is insufficient to provide for the

minimum additional funding amounts described

in clause (i).

‘‘(II) R

EDUCTIONS IN ALLOCATIONS

.—In the

case of a fiscal year to which this clause applies,

reductions in allocations shall be made proportion-

ally from the qualified eligible institution and

from each other eligible institution based on the in-

creased amounts (if any) that the qualified eligible

institution and each other eligible institution were

305

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

allocated for the covered fiscal year as compared to

the fiscal year immediately preceding the covered

fiscal year.

‘‘(iii) E

FFECT OF CENSUS

.—Clauses (i) and (ii)

shall not apply in any fiscal year for which a shortfall

in the minimum additional funding amounts described

in clause (i) is attributable to the incorporation of new

census data into the calculation under paragraph (3),

as determined by the Secretary.’’.

(b) R

ESEARCH

.—Section 1445(b) of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3222(b)) is amended—

(1) in paragraph (2)—

(A) by adding at the end the following:

‘‘(D) S

PECIAL AMOUNTS

.—

‘‘(i) D

EFINITIONS

.—In this subparagraph:

‘‘(I) C

OVERED FISCAL YEAR

.—The term ‘covered

fiscal year’ means the fiscal year for which the

qualified eligible institution first received an allo-

cation of $3,000,000 under clause (ii)(I).

‘‘(II) O

THER ELIGIBLE INSTITUTION

.—The term

‘other eligible institution’ means an eligible institu-

tion, other than the qualified eligible institution,

receiving an allocation of funds under this section.

‘‘(III) Q

UALIFIED ELIGIBLE INSTITUTION

.—The

term ‘qualified eligible institution’ means the eligi-

ble institution described in clause (ii)(I).

‘‘(ii) F

ISCAL YEAR 2019

2020

2021

OR 2022

.—

‘‘(I) I

N GENERAL

.—Subject to subclause (II), for

1 of fiscal year 2019, 2020, 2021, or 2022, if the

calculation under subparagraph (C) would result

in a distribution for a fiscal year of less than

$3,000,000 to an eligible institution that first re-

ceived funds under this section on a date occurring

after the date of enactment of the Agricultural Act

of 2014 (Public Law 113–79; 128 Stat. 649) and

before September 30, 2018, that institution shall

receive an allocation of $3,000,000 for that fiscal

year.

‘‘(II) L

IMITATION

.—Subclause (I) shall apply

only if amounts are appropriated under this sec-

tion in an amount sufficient to provide that each

other eligible institution receiving an allocation of

funds under this section for fiscal year 2019, 2020,

2021, or 2022, as applicable, receives not less than

the amount of funds received by that other eligible

institution under this section for the preceding fis-

cal year.

‘‘(iii) S

UBSEQUENT FISCAL YEARS

.—

‘‘(I) M

INIMUM ADDITIONAL FUNDING

AMOUNTS

.—Subject to subclauses (II) and (III), for

each fiscal year following the covered fiscal year—

‘‘(aa) the qualified eligible institution

shall receive an allocation under this para-

graph of at least $3,000,000; and

306

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(bb) each other eligible institution shall

receive an allocation under this paragraph of

at least the amount received by such other eli-

gible institution under this subsection for the

covered fiscal year.

‘‘(II) S

HORTFALL OF SPECIAL AMOUNTS

.—

‘‘(aa) A

PPLICABILITY

.—This subclause

shall apply to any fiscal year following the

covered fiscal year and for which the total

amount appropriated under this subsection is

insufficient to provide for the minimum addi-

tional funding amounts described in subclause

(I).

‘‘(bb) R

EDUCTIONS IN ALLOCATIONS

.—In

the case of a fiscal year to which this sub-

clause applies, reductions in allocations shall

be made proportionally from the qualified eli-

gible institution and from each other eligible

institution based on the increased amounts (if

any) that the qualified eligible institution and

each other eligible institution were allocated

for the covered fiscal year as compared to the

fiscal year immediately preceding the covered

fiscal year.

‘‘(III) E

FFECT OF CENSUS

.—Subclauses (I) and

(II) shall not apply in any fiscal year for which a

shortfall in the minimum additional funding

amounts described in subclause (I) is attributable

to the incorporation of new census data into the

calculation under paragraph (3)(C), as determined

by the Secretary.’’;

(B) in subparagraph (B), by striking ‘‘(B) Of funds’’

and inserting the following:

‘‘(C) A

DDITIONAL AMOUNT

.—Except as provided in sub-

paragraph (D), of funds’’;

(i) by striking ‘‘are allocated’’ and inserting ‘‘were

allocated’’;

(ii) by inserting ‘‘, as so designated as of that date’’

before the period at the end; and

(iii) by striking ‘‘(A) Funds’’ and inserting the fol-

lowing:

‘‘(B) B

ASE AMOUNT

.—Funds’’; and

(D) in the matter preceding subparagraph (B) (as so

designated), by striking ‘‘(2) The’’ and all that follows

through ‘‘follows:’’ and inserting the following:

‘‘(3) D

ISTRIBUTIONS

.—

‘‘(A) I

N GENERAL

.—After allocating amounts under

paragraph (2), the remainder shall be allotted among the

eligible institutions in accordance with this paragraph.’’;

(2) in paragraph (1), by striking ‘‘(1) Three per centum’’

and inserting the following:

‘‘(2) A

DMINISTRATION

.—3 percent’’; and

307

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(3) in the matter preceding paragraph (2) (as so des-

ignated), by striking ‘‘(b) Beginning’’ and all that follows

through ‘‘follows:’’ and inserting the following:

‘‘(b) D

ISTRIBUTION OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Funds made available under this section

shall be distributed among eligible institutions in accordance

with this subsection.’’.

SEC. 7116. REPORTS ON DISBURSEMENT OF FUNDS FOR AGRICUL-

TURAL RESEARCH AND EXTENSION AT 1862 AND 1890

LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVER-

SITY.

Not later than September 30, 2019, and each year thereafter,

the Secretary shall annually submit to Congress a report describing

the allocations made to, and matching funds received by, 1890 In-

stitutions and 1862 Institutions (as those terms are defined in sec-

tion 2 of the Agricultural Research, Extension, and Education Re-

form Act of 1998 (7 U.S.C. 7601) for each of the agricultural re-

search, extension, education, and related programs established

under—

(1) section 1444 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);

(2) section 1445 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3222);

(3) subsections (b) and (c) of section 3 of the Smith-Lever

Act (7 U.S.C. 343); and

(4) the Hatch Act of 1887 (7 U.S.C. 361a et seq.).

SEC. 7117. 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 sec-

tion 1445 (7 U.S.C. 3222) the following new section:

‘‘SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.

‘‘(a) I

ENERAL

.—

‘‘(1) S

CHOLARSHIP GRANT PROGRAM ESTABLISHED

.—The Sec-

retary shall make grants to each college or university eligible to

receive funds under the Act of August 30, 1890 (commonly

known as the Second Morrill Act; 7 U.S.C. 322 et seq.), includ-

ing Tuskegee University, for purposes of awarding scholarships

to individuals who—

‘‘(A) have been accepted for admission at such college

or university;

‘‘(B) will be enrolled at such college or university not

later than one year after the date of such acceptance; and

‘‘(C) intend to pursue a career in the food and agricul-

tural sciences, including a career in—

‘‘(i) agribusiness;

‘‘(ii) energy and renewable fuels; or

‘‘(iii) financial management.

‘‘(2) C

ONDITION

.—The Secretary may only award a grant

under this subsection to a college or university described in

paragraph (1) if the Secretary determines that such college or

university has established a competitive scholarship awards

process for the award of scholarships to individuals described

in such paragraph.

308

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(3) A

NNUAL LIMITATION

.—Of the funds made available

under subsection (b)(1), the Secretary may use not more than

$10,000,000 to award grants under this subsection for the aca-

demic year beginning on July 1, 2020, and each of the three

succeeding academic years.

‘‘(4) A

MOUNT OF GRANT

.—Each grant made under this sec-

tion shall be in an amount of not less than $500,000.

‘‘(b) F

UNDING

.—

‘‘(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall make available to carry

out this section $40,000,000 not later than October 1, 2019, to

remain available until expended.

‘‘(2) D

ISCRETIONARY FUNDING

.—In addition to amounts

made available under paragraph (1), there is authorized to be

appropriated to carry out this section $10,000,000 for each of

fiscal years 2020 through 2023.

‘‘(3) A

DMINISTRATIVE EXPENSES

.—Of the funds made avail-

able under paragraphs (1) and (2) to carry out this section for

a fiscal year, not more than 4 percent may be used for expenses

related to administering the program under this section.

‘‘(c) R

EPORT

.—Beginning on the date that is two years after the

date on which the first grant is awarded under subsection (a), and

every two years thereafter, the Secretary shall submit to the Com-

mittee on Agriculture of the House of Representatives and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

detailing—

‘‘(1) the amount of funds provided to each eligible college or

university under this section;

‘‘(2) the number of scholarships awarded under each grant

each fiscal year; and

‘‘(3) the amount of each such scholarship.’’.

SEC. 7118. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES

FACILITIES AT 1890 LAND-GRANT COLLEGES, INCLUDING

TUSKEGEE UNIVERSITY.

Section 1447(b) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amend-

ed by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7119. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES

FACILITIES AND EQUIPMENT AT INSULAR AREA LAND-

GRANT INSTITUTIONS.

Section 1447B(d) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7120. NEW BEGINNING FOR TRIBAL STUDENTS.

Subtitle G of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) is amended

by adding at the end the following:

‘‘SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) I

NDIAN TRIBE

.—The term ‘Indian tribe’ has the mean-

ing given such term in section 4 of the Indian Self-Determina-

tion and Education Assistance Act (25 U.S.C. 5304)).

‘‘(2) L

AND

GRANT COLLEGE OR UNIVERSITY

.—The term

‘land-grant college or university’ includes a 1994 Institution (as

309

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

defined in section 532 of the Equity in Educational Land-Grant

Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301 note)).

‘‘(3) T

RIBAL STUDENT

.—The term ‘Tribal student’ means a

student at a land-grant college or university that is a member

of an Indian tribe.

‘‘(b) N

EGINNING

NITIATIVE

.—

‘‘(1) A

UTHORIZATION

.—The Secretary may make competitive

grants to land-grant colleges and universities to provide identi-

fiable support specifically targeted for Tribal students.

‘‘(2) A

PPLICATION

.—A land-grant college or university that

desires to receive a grant under this section shall submit an ap-

plication to the Secretary at such time, in such manner, and ac-

companied by such information as the Secretary may require.

‘‘(3) U

SE OF FUNDS

.—A land-grant college or university that

receives a grant under this section shall use the grant funds to

support Tribal students through—

‘‘(A) recruiting;

‘‘(B) tuition and related fees;

‘‘(C) experiential learning; and

‘‘(D) student services, including—

‘‘(i) tutoring;

‘‘(ii) counseling;

‘‘(iii) academic advising; and

‘‘(iv) other student services that would increase the

retention and graduation rate of Tribal students en-

rolled at the land-grant college or university, as deter-

mined by the Secretary.

‘‘(4) M

ATCHING FUNDS

.—A land-grant college or university

that receives a grant under this section shall provide matching

funds toward the cost of carrying out the activities described in

this section in an amount equal to not less than 100 percent of

the grant award.

‘‘(5) M

AXIMUM AMOUNT PER STATE

.—No State shall receive,

through grants made under this section to land-grant colleges

and universities located in the State, more than $500,000 per

year.

‘‘(c) R

EPORT

.—Not later than 3 years after the date of enactment

of this section, the Secretary shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry and the Committee on Indian Af-

fairs of the Senate a report that includes an itemized list of grant

funds distributed under this section, including the specific form of

assistance provided under subsection (b)(3), and the number of Trib-

al students assisted and the graduation rate of Tribal students at

land-grant colleges and universities receiving grants under this sec-

tion.

‘‘(d) A

UTHORIZATION OF

PPROPRIATION

.—There is authorized

to be appropriated to carry out this section $5,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7121. HISPANIC-SERVING INSTITUTIONS.

Section 1455(c) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended

by striking ‘‘2018’’ and inserting ‘‘2023’’.

310

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7122. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOP-

MENT.

Section 1458(e) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is amend-

ed—

(1) in the subsection heading, by striking ‘‘F

ULL

AYMENT

UNDS

ADE

VAILABLE FOR

ERTAIN

’’ and inserting ‘‘C

TAIN

’’ ;

(2) by striking ‘‘Notwithstanding’’ and inserting the fol-

lowing:

‘‘(1) F

ULL PAYMENT OF FUNDS

.—Notwithstanding’’;

(3) in paragraph (1) (as so designated)—

(A) by striking ‘‘Israel-United States’’ and inserting

‘‘United States-Israel’’; and

(B) by inserting ‘‘(referred to in this subsection as the

‘BARD Fund’)’’ after ‘‘Development Fund’’; and

(4) by adding at the end the following:

‘‘(2) A

CTIVITIES

.—Activities under the BARD Fund to pro-

mote and support agricultural research and development that

are of mutual benefit to the United States and Israel shall—

‘‘(A) accelerate the demonstration, development, and

application of agricultural solutions resulting from or relat-

ing to BARD Fund programs, including BARD Fund-spon-

sored research and innovations in drip irrigation, pes-

ticides, aquaculture, livestock, poultry, disease control, and

farm equipment; and

‘‘(B) encourage research carried out by governmental,

nongovernmental, and private entities, including through

collaboration with colleges and universities, research insti-

tutions, and the private sector.’’.

SEC. 7123. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL

AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.

The National Agricultural Research, Extension, and Teaching

Policy Act of 1977 is amended by inserting after section 1458 (7

U.S.C. 3291) the following:

‘‘SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL

AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) 1862

INSTITUTION

;

1890 INSTITUTION

;

1994 INSTITU

TION

.—The terms ‘1862 Institution’, ‘1890 Institution’, and

‘1994 Institution’ have the meanings given the terms in section

2 of the Agricultural Research, Extension, and Education Re-

form Act of 1998 (7 U.S.C. 7601).

‘‘(2) C

OVERED INSTITUTION

.—The term ‘covered Institution’

means—

‘‘(A) an 1862 Institution;

‘‘(B) an 1890 Institution;

‘‘(C) a 1994 Institution;

‘‘(D) an NLGCA Institution;

‘‘(E) a Hispanic-serving agricultural college or univer-

sity; and

‘‘(F) a cooperating forestry school.

‘‘(3) D

EVELOPING COUNTRY

.—The term ‘developing country’

means a country, as determined by the Secretary using a gross

national income per capita test selected by the Secretary.

311

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(4) I

NTERNATIONAL PARTNER INSTITUTION

.—The term

‘international partner institution’ means an agricultural higher

education institution in a developing country that is per-

forming, or desiring to perform, activities similar to agricul-

tural research, extension, and teaching activities carried out

through covered Institutions in the United States.

‘‘(b) A

UTHORITY OF THE

ECRETARY

.—The Secretary may pro-

mote cooperation and coordination between covered Institutions and

international partner institutions through—

‘‘(1) improving extension by—

‘‘(A) encouraging the exchange of research materials

and results between covered Institutions and international

partner institutions;

‘‘(B) facilitating the broad dissemination of agricul-

tural research through extension; and

‘‘(C) assisting with efforts to plan and initiate extension

services in developing countries;

‘‘(2) improving agricultural research by—

‘‘(A) in partnership with international partner institu-

tions, encouraging research that addresses problems affect-

ing food production and security, human nutrition, agri-

culture, forestry, livestock, and fisheries, including local

challenges; and

‘‘(B) supporting and strengthening national agricul-

tural research systems in developing countries;

‘‘(3) supporting the participation of covered Institutions in

programs of international organizations, such as the United

Nations, the World Bank, regional development banks, and

international agricultural research centers;

‘‘(4) improving agricultural teaching and education by—

‘‘(A) in partnership with international partner institu-

tions, supporting education and teaching relating to food

and agricultural sciences, including technical assistance,

degree training, research collaborations, classroom instruc-

tion, workforce training, and education programs; and

‘‘(B) assisting with efforts to increase student capacity,

including to encourage equitable access for women and

other underserved populations, at international partner in-

stitutions by promoting partnerships with, and improving

the capacity of, covered Institutions;

‘‘(5) assisting covered Institutions in strengthening their ca-

pacity for food, agricultural, and related research, extension,

and teaching programs relevant to agricultural development ac-

tivities in developing countries to promote the application of

new technology to improve education delivery;

‘‘(6) providing support for the internationalization of resi-

dent instruction programs of covered Institutions;

‘‘(7) establishing a program, to be coordinated by the Direc-

tor of the National Institute of Food and Agriculture and the

Administrator of the Foreign Agricultural Service, to place in-

terns from covered Institutions in, or in service to benefit, devel-

oping countries; and

‘‘(8) establishing a program to provide fellowships to stu-

dents at covered Institutions to study at foreign agricultural

colleges and universities.

312

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(c) E

NHANCING

INKAGES

.—The Secretary shall enhance the

linkages among covered Institutions, the Federal Government, inter-

national research centers, counterpart research, extension, and

teaching agencies and institutions in developed countries and devel-

oping countries—

‘‘(1) to carry out the activities described in subsection (b);

and

‘‘(2) to make a substantial contribution to the cause of im-

proved food and agricultural progress throughout the world.

‘‘(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $10,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7124. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICUL-

TURAL SCIENCE AND EDUCATION PROGRAMS.

Section 1459A(c)(2) of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7125. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL RE-

SEARCH, EDUCATION, AND EXTENSION PROGRAMS.

Section 1462 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended—

(1) in subsection (a), by striking ‘‘22 percent’’ and inserting

‘‘30 percent’’;

(2) in subsection (b), by striking ‘‘Subsection (a)’’ and in-

serting ‘‘Subsections (a) and (c)’’; and

(3) by adding at the end the following:

‘‘(c) T

REATMENT OF

UBGRANTS

.—In the case of a grant de-

scribed in subsection (a), the limitation on indirect costs specified in

such subsection shall be applied to both the initial grant award and

any subgrant of the Federal funds provided under the initial grant

award so that the total of all indirect costs charged against the total

of the Federal funds provided under the initial grant award does

not exceed such limitation.’’.

SEC. 7126. RESEARCH EQUIPMENT GRANTS.

The National Agricultural Research, Extension, and Teaching

Policy Act of 1977 is amended by inserting after section 1462 (7

U.S.C. 3310) the following new section:

‘‘SEC. 1462A. RESEARCH EQUIPMENT GRANTS.

‘‘(a) I

ENERAL

.—The Secretary may make competitive grants

for the acquisition of special purpose scientific research equipment

for use in the food and agricultural sciences programs of eligible in-

stitutions.

‘‘(b) M

AXIMUM

MOUNT

.—The amount of a grant made to an el-

igible institution under this section may not exceed $500,000.

‘‘(c) P

ROHIBITION ON

HARGE OR

QUIPMENT AS

NDIRECT

OSTS

.—The cost of acquisition or depreciation of equipment pur-

chased with a grant under this section shall not be—

‘‘(1) charged as an indirect cost against another Federal

grant; or

‘‘(2) included as part of the indirect cost pool for purposes

of calculating the indirect cost rate of an eligible institution.

‘‘(d) E

LIGIBLE

NSTITUTIONS

EFINED

.—In this section, the term

‘eligible institution’ means—

‘‘(1) a college or university; or

313

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(2) a State cooperative institution.

‘‘(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $5,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7127. UNIVERSITY RESEARCH.

Section 1463 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by

striking ‘‘2018’’ each place it appears in subsections (a) and (b) and

inserting ‘‘2023’’.

SEC. 7128. EXTENSION SERVICE.

Section 1464 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.

Section 1473D of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amend-

ed—

(1) in subsection (a)—

(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and

(B) by striking ‘‘crops,’’ and inserting ‘‘crops (including

canola),’’;

(2) in subsection (b)—

(A) by inserting ‘‘for agronomic rotational purposes and

as a habitat for honey bees and other pollinators’’ after ‘‘al-

ternative crops’’; and

(B) by striking ‘‘commodities whose’’ and all that fol-

lows through the period at the end and inserting ‘‘commod-

ities.’’;

(3) in subsection (c)(3)(E), by inserting ‘‘(including hemp (as

defined in section 297A of the Agricultural Marketing Act of

1946))’’ after ‘‘material’’; and

(4) in subsection (e)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the end

and inserting ‘‘; and’’; and

‘‘(3) $2,000,000 for each of fiscal years 2019 through 2023.’’.

SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM.

Section 1473E of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amend-

ed—

(1) in subsection (b)(1)(B)—

(A) in clause (ii), by striking ‘‘and’’ at the end;

(B) in clause (iii), by striking the period at the end and

inserting ‘‘; and’’; and

‘‘(iv) precision agriculture.’’; and

(2) in subsection (d), by striking ‘‘2008 through 2012’’ and

inserting ‘‘2019 through 2023’’.

SEC. 7131. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.

Section 1473F(b) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amend-

ed by striking ‘‘2018’’ and inserting ‘‘2023’’.

314

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7132. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT

AUTHORITY PILOT.

Subtitle K of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended

by adding at the end the following:

‘‘SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOP-

MENT AUTHORITY PILOT.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) A

DVANCED RESEARCH AND DEVELOPMENT

.—The term

‘advanced research and development’ means research and devel-

opment activities used to address research challenges in agri-

culture and food through—

‘‘(A) targeted acceleration of novel, early stage innova-

tive agricultural research with promising technology appli-

cations and products; or

‘‘(B) development of qualified products and projects, ag-

ricultural technologies, or innovative research tools, which

may include—

‘‘(i) prototype testing, preclinical development, or

field experimental use;

‘‘(ii) assessing and assisting with product ap-

proval, clearance, or need for a license under an appli-

cable law, as determined by the Director; or

‘‘(iii) manufacturing and commercialization of a

product.

‘‘(2) A

GRICULTURAL TECHNOLOGY

.—The term ‘agricultural

technology’ means machinery and other equipment engineered

for an applicable and novel use in agriculture, natural re-

sources, and food relating to the research and development of

qualified products and projects.

‘‘(3) D

IRECTOR

.—The term ‘Director’ means the Director of

the Agriculture Advanced Research and Development Authority

established under subsection (b)(1).

‘‘(4) O

THER TRANSACTION

.—The term ‘other transaction’

means a transaction other than a procurement contract, grant,

or cooperative agreement, including a transaction described in

subsection (b)(6)(A).

‘‘(5) P

ERSON

.—The term ‘person’ means—

‘‘(A) an individual;

‘‘(B) a partnership;

‘‘(C) a corporation;

‘‘(D) an association;

‘‘(E) an entity;

‘‘(F) a public or private corporation;

‘‘(G) a Federal, State, or local government agency or de-

partment; and

‘‘(H) an institution of higher education, including a

land-grant college or university and a non-land-grant col-

lege of agriculture.

‘‘(6) Q

UALIFIED PRODUCT OR PROJECT

.—The term ‘qualified

product or project’ means—

‘‘(A) engineering, mechanization, or technology im-

provements that will address challenges relating to grow-

ing, harvesting, handling, processing, storing, packing, and

distribution of agricultural products;

315

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(B) plant disease or plant pest recovery counter-

measures to intentional or unintentional biological threats

(including naturally occurring threats), including—

‘‘(i) replacement or resistant plant cultivars or va-

rieties;

‘‘(ii) other enhanced management strategies, in-

cluding novel chemical, biological, or cultural ap-

proaches; or

‘‘(iii) diagnostic or surveillance technology; and

‘‘(C) veterinary countermeasures to intentional or unin-

tentional biological threats (including naturally occurring

threats), including—

‘‘(i) animal vaccine or therapeutic products (includ-

ing anti-infective products); or

‘‘(ii) diagnostic or surveillance technology.

‘‘(7) R

ESEARCH TOOL

.—The term ‘research tool’ means a de-

vice, technology, procedure, biological material, reagent, com-

puter system, computer software, or analytical technique that is

developed to assist in the discovery, development, or manufac-

ture of a qualified product or project.

‘‘(b) A

GRICULTURE

DVANCED

ESEARCH AND

EVELOPMENT

UTHORITY

.—

‘‘(1) E

STABLISHMENT

.—There is established within the De-

partment of Agriculture a pilot program that shall be known as

the Agriculture Advanced Research and Development Authority

(referred to in this section as the ‘AGARDA’) to carry out ad-

vanced research and development.

‘‘(2) G

OALS

.—The goals of the AGARDA are—

‘‘(A) to develop and deploy advanced solutions to pre-

vent, prepare, and protect against unintentional and inten-

tional threats to agriculture and food in the United States;

‘‘(B) to overcome barriers in the development of agricul-

tural technologies, research tools, and qualified products

and projects that enhance export competitiveness, environ-

mental sustainability, and resilience to extreme weather;

‘‘(C) to ensure that the United States maintains and

enhances its position as a leader in developing and deploy-

ing agricultural technologies, research tools, and qualified

projects and products that increase economic opportunities

and security for farmers, ranchers, and rural communities;

and

‘‘(D) to undertake advanced research and development

in areas in which industry by itself is not likely to do so

because of the technological or financial uncertainty.

‘‘(3) L

EADERSHIP

.—

‘‘(A) I

N GENERAL

.—The AGARDA shall be a component

of the Office of the Chief Scientist.

‘‘(B) D

IRECTOR

.—

‘‘(i) I

N GENERAL

.—The AGARDA shall be headed

by a Director, who shall be appointed by the Chief Sci-

entist.

‘‘(ii) Q

UALIFICATIONS

.—The Director shall be an in-

dividual who, by reason of professional background

and experience, is exceptionally qualified to advise the

Chief Scientist on, and manage advanced research and

316

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

development programs and other matters pertaining

to—

‘‘(I) qualified products and projects;

‘‘(II) agricultural technologies;

‘‘(III) research tools; and

‘‘(IV) challenges relating to the matters de-

scribed in subclauses (I) through (III).

‘‘(iii) R

ELATIONSHIP WITHIN THE DEPARTMENT OF

AGRICULTURE

.—The Director shall report to the Chief

Scientist.

‘‘(4) D

UTIES

.—To achieve the goals described in paragraph

(2), the Secretary, acting through the Director, shall accelerate

advanced research and development by—

‘‘(A) identifying and promoting advances in basic

sciences;

‘‘(B) translating scientific discoveries and inventions

into technological innovations;

‘‘(C) collaborating with other agencies, relevant indus-

tries, academia, international agencies, the Foundation for

Food and Agriculture Research, and other relevant persons

to carry out the goals described in paragraph (2), including

convening, at a minimum, annual meetings or working

groups to demonstrate the operation and effectiveness of ad-

vanced research and development of qualified products and

projects, agricultural technologies, and research tools;

‘‘(D) conducting ongoing searches for, and support calls

for, potential advanced research and development of agri-

cultural technologies, qualified products and projects, and

research tools;

‘‘(E) awarding grants and entering into contracts, coop-

erative agreements, or other transactions under paragraph

(6) for advanced research and development of agricultural

technology, qualified products and projects, and research

tools;

‘‘(F) establishing issue-based multidisciplinary teams

to reduce the time and cost of solving specific problems

that—

‘‘(i) are composed of representatives from Federal

and State agencies, professional groups, academia, and

industry;

‘‘(ii) seek novel and effective solutions; and

‘‘(iii) encourage data sharing and translation of re-

search to field use; and

‘‘(G) serving as a resource for interested persons regard-

ing requirements under relevant laws that impact the de-

velopment, commercialization, and technology transfer of

qualified products and projects, agricultural technologies,

and research tools.

‘‘(5) P

RIORITY

.—In awarding grants and entering into con-

tracts, cooperative agreements, or other transactions under

paragraph (4)(E), the Secretary shall give priority to projects

that accelerate the advanced research and development of quali-

fied products and projects that—

‘‘(A) address critical research and development needs

for technology for specialty crops; or

317

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(B) prevent, protect, and prepare against intentional

and unintentional threats to agriculture and food.

‘‘(6) O

THER TRANSACTION AUTHORITIES

.—

‘‘(A) I

N GENERAL

.—In carrying out the pilot program

under this section, the Secretary shall have the authority to

enter into other transactions in the same manner and sub-

ject to the same terms and conditions as transactions that

the Secretary of Defense may enter into under section 2371

of title 10, United States Code.

‘‘(B) S

COPE

.—The authority of the Secretary to enter

into contracts, cooperative agreements, and other trans-

actions under this subsection shall be in addition to the au-

thorities under this Act and title I of the Department of Ag-

riculture and Related Agencies Appropriation Act, 1964 (7

U.S.C. 3318a), to use contracts, cooperative agreements,

and grants in carrying out the pilot program under this

section.

‘‘(C) G

UIDELINES

.—The Secretary shall establish guide-

lines regarding the use of the authority under subpara-

graph (A).

‘‘(D) T

ECHNOLOGY TRANSFER

.—In entering into other

transactions, the Secretary may negotiate terms for tech-

nology transfer in the same manner as a Federal laboratory

under paragraphs (1) through (4) of section 12(b) of the

Stevenson-Wydler Technology Innovation Act of 1980 (15

U.S.C. 3710a(b)).

‘‘(7) A

VAILABILITY OF DATA

.—

‘‘(A) I

N GENERAL

.—The Secretary shall require that, as

a condition of being awarded a contract or grant or enter-

ing into a cooperative agreement or other transaction under

paragraph (4)(E), a person shall make available to the Sec-

retary on an ongoing basis, and submit to the Secretary on

request of the Secretary, all data relating to or resulting

from the activities carried out by the person pursuant to

this section.

‘‘(B) E

XEMPTION FROM DISCLOSURE

.—

‘‘(i) I

N GENERAL

.—This subparagraph shall be con-

sidered a statute described in section 552(b)(3)(B) of

title 5, United States Code.

‘‘(ii) E

XEMPTION

.—The following information shall

be exempt from disclosure under section 552 of title 5,

United States Code, and withheld from the public:

‘‘(I) Specific technical data or scientific infor-

mation that is created or obtained under this sec-

tion that reveals significant and not otherwise pub-

licly known vulnerabilities of existing agriculture

and food defenses against biological, chemical, nu-

clear, or radiological threats.

‘‘(II) Trade secrets or commercial or financial

information that is privileged or confidential

(within the meaning of section 552(b)(4) of title 5,

United States Code) and obtained in the conduct of

research or as a result of activities under this sec-

tion from a non-Federal party participating in a

318

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

contract, grant, cooperative agreement, or other

transaction under this section.

‘‘(iii) L

IMITATION

.—Information that results from

research and development activities conducted under

this section and that would be a trade secret or com-

mercial or financial information that is privileged or

confidential if the information had been obtained from

a non-Federal party participating in a cooperative

agreement or other transaction shall be withheld from

disclosure under subchapter II of chapter 5 of title 5,

United States Code, for 5 years.

‘‘(8) M

ILESTONE

BASED PAYMENTS ALLOWED

.—In awarding

contracts and grants and entering into cooperative agreements

or other transactions under paragraph (4)(E), the Secretary

may—

‘‘(A) use milestone-based awards and payments; and

‘‘(B) terminate a project for not meeting technical mile-

stones.

‘‘(9) U

SE OF EXISTING PERSONNEL AUTHORITIES

.—In car-

rying out this subsection, the Secretary may appoint highly

qualified individuals to scientific or professional positions on

the same terms and conditions as provided in subsections (b)(3),

(b)(4), (c), (d), (e), and (f) of section 620 of the Agricultural Re-

search, Extension, and Education Reform Act of 1998 (7 U.S.C.

7657).

‘‘(10) R

EPORT AND EVALUATION

.—

‘‘(A) R

EPORT

.—The Secretary shall submit to the Com-

mittee on Agriculture of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of

the Senate an annual report examining the actions under-

taken and results generated by the AGARDA.

‘‘(B) E

VALUATION

.—After the date on which the

AGARDA has been in operation for 3 years, the Comptroller

General of the United States shall conduct an evaluation—

‘‘(i) to be completed and submitted to the Com-

mittee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and For-

estry of the Senate not later than 1 year after the date

on which the Comptroller General began conducting

the evaluation;

‘‘(ii) describing the extent to which the AGARDA is

achieving the goals described in paragraph (2); and

‘‘(iii) including a recommendation on whether the

AGARDA should be continued, terminated, or ex-

panded.

‘‘(c) S

TRATEGIC

LAN

.—

‘‘(1) I

N GENERAL

.—Not later than 360 days after the date

of enactment of this section, the Secretary shall develop and

make publicly available a strategic plan describing the strategic

vision that the AGARDA shall use—

‘‘(A) to make determinations for future investments

during the period of effectiveness of this section; and

‘‘(B) to achieve the goals described in subsection (b)(2).

‘‘(2) D

ISSEMINATION

.—The Secretary shall disseminate the

information contained in the strategic plan under paragraph

319

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(1) to persons who may have the capacity to substantially con-

tribute to the activities described in that strategic plan.

‘‘(3) C

OORDINATION

;

CONSULTATION

.—The Secretary shall—

‘‘(A) update and coordinate the strategic coordination

plan under section 221(d)(7) of the Department of Agri-

culture Reorganization Act of 1994 with the strategic plan

developed under paragraph (1) for activities relating to ag-

riculture and food defense countermeasure development

and procurement; and

‘‘(B) in developing the strategic plan under paragraph

(1), consult with—

‘‘(i) the National Agricultural Research, Extension,

Education, and Economics Advisory Board established

under section 1408(a);

‘‘(ii) the specialty crops committee established

under section 1408A(a)(1);

‘‘(iii) relevant agriculture research agencies of the

Federal Government;

‘‘(iv) the National Academies of Sciences, Engineer-

ing, and Medicine;

‘‘(v) the National Veterinary Stockpile Intra-Gov-

ernment Advisory Committee for Strategic Steering;

and

‘‘(vi) other appropriate parties, as determined by

the Secretary.

‘‘(d) F

UNDS

.—

‘‘(1) E

STABLISHMENT

.—There is established in the Treasury

the Agriculture Advanced Research and Development Fund,

which shall be administered by the Secretary, acting through

the Director—

‘‘(A) for the purpose of carrying out this section; and

‘‘(B) in the same manner and subject to the same terms

and conditions as are applicable to the Secretary of Defense

under section 2371 of title 10, United States Code.

‘‘(2) D

EPOSITS INTO FUND

.—

‘‘(A) I

N GENERAL

.—The Secretary, acting through the

Director, may accept and deposit into the Fund monies re-

ceived pursuant to cost recovery, contribution, or royalty

payments under a contract, grant, cooperative agreement,

or other transaction under this section.

‘‘(B) A

VAILABILITY OF AMOUNTS IN FUND

.—Amounts de-

posited into the fund shall remain available until ex-

pended, without further appropriation, and may be used to

carry out the purposes of this section.

‘‘(C) C

LARIFICATION

.—Nothing in this paragraph au-

thorizes the use of the funds of the Commodity Credit Cor-

poration to carry out this section.

‘‘(3) F

UNDING

.—In addition to funds otherwise deposited in

the Fund under paragraph (1) or (2), there is authorized to be

appropriated to the Fund $50,000,000 for each of fiscal years

2019 through 2023, to remain available until expended.

‘‘(e) T

ERMINATION OF

FFECTIVENESS

.—

‘‘(1) I

N GENERAL

.—Except as provided under paragraph (2),

the authority provided by this section terminates on the date

320

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

that is 5 years after the date of the enactment of the Agriculture

Improvement Act of 2018.

‘‘(2) E

XCEPTIONS

.—Paragraph (1) shall not apply with re-

spect to—

‘‘(A) subsection (b)(7)(B); and

‘‘(B) grants awarded or contracts, cooperative agree-

ments, or other transactions entered into before the end of

the 5-year period referred to in such clause.’’.

SEC. 7133. AQUACULTURE ASSISTANCE PROGRAMS.

Section 1477(a)(2) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7134. RANGELAND RESEARCH PROGRAMS.

Section 1483(a)(2) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7135. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING

AND RESPONSE.

Section 1484 of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the end

and inserting ‘‘; and’’; and

‘‘(3) $30,000,000 for each of fiscal years 2019 through

2023.’’; and

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by inserting

‘‘and cooperative agreements’’ after ‘‘competitive grants’’;

(B) in paragraph (3), by striking ‘‘make competitive

grants’’ and inserting ‘‘award competitive grants and coop-

erative agreements’’; and

‘‘(5) To coordinate the tactical science activities of the Re-

search, Education, and Economics mission area of the Depart-

ment that protect the integrity, reliability, sustainability, and

profitability of the food and agricultural system of the United

States against biosecurity threats from pests, diseases, contami-

nants, and disasters.’’.

SEC. 7136. DISTANCE EDUCATION AND RESIDENT INSTRUCTION

GRANTS PROGRAM FOR INSULAR AREA INSTITUTIONS OF

HIGHER EDUCATION.

(a) D

ISTANCE

DUCATION

RANTS FOR

NSULAR

REAS

.—Sec-

tion 1490(f)(2) of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended

by striking ‘‘2018’’ and inserting ‘‘2023’’.

(b) R

ESIDENT

NSTRUCTION

RANTS FOR

NSULAR

REAS

.—Sec-

tion 1491(c)(2) of the National Agricultural Research, Extension,

and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended

by striking ‘‘2018’’ and inserting ‘‘2023’’.

321

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

Subtitle B—Food, Agriculture,

Conservation, and Trade Act of 1990

SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.

Section 1624 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5814) is amended in the first sentence by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.

Section 1627(d) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT

AND TRANSFER PROGRAM.

Section 1628(f)(2) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7204. NATIONAL TRAINING PROGRAM.

Section 1629(i) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR COL-

LECTION ASSESSMENT AND UTILIZATION PLAN.

(a) I

ENERAL

.—Section 1632(d) of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amend-

ed—

(1) in paragraph (5), by striking ‘‘and’’ at the end;

(2) by redesignating paragraph (6) as paragraph (7); and

(3) by inserting after paragraph (5) the following:

‘‘(6) develop and implement a national strategic germplasm

and cultivar collection assessment and utilization plan that

takes into consideration the resources and research necessary to

address the significant backlog of characterization and mainte-

nance of existing accessions considered to be critical to preserve

the viability of, and public access to, germplasm and cultivars;

and’’.

(b) P

LAN

UBLICATION

.—Section 1633 of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended

by adding at the end the following:

‘‘(f) P

LAN

UBLICATION

.—On completion of the development of

the plan described in section 1632(d)(6), the Secretary shall make

the plan available to the public.’’.

SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.

(a) A

DVISORY

OUNCIL

.—Section 1634 of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended—

(1) in subsection (a)—

(A) in the first sentence, by striking ‘‘The Secretary’’

and inserting the following:

‘‘(1) I

N GENERAL

.—The Secretary’’;

(B) in the second sentence of paragraph (1) (as so des-

ignated), by striking ‘‘The advisory’’ and inserting the fol-

lowing:

‘‘(2) M

EMBERSHIP

.—The advisory’’;

322

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘nine’’ and inserting ‘‘13’’; and

(D) by adding at the end the following:

‘‘(3) R

ECOMMENDATIONS

.—

‘‘(A) I

N GENERAL

.—In making recommendations under

paragraph (1), the advisory council shall include rec-

ommendations on—

‘‘(i) the state of public cultivar development, in-

cluding—

‘‘(I) an analysis of existing cultivar research

investments;

‘‘(II) the research gaps relating to the develop-

ment of cultivars across a diverse range of crops;

and

‘‘(III) an assessment of the state of commer-

cialization of federally funded cultivars;

‘‘(ii) the training and resources needed to meet fu-

ture breeding challenges;

‘‘(iii) the appropriate levels of Federal funding for

cultivar development for underserved crops and geo-

graphic areas; and

‘‘(iv) the development of the plan described in sec-

tion 1632(d)(6).’’; and

(2) in subsection (c)—

(A) in paragraph (1)—

(i) by striking ‘‘Two-thirds’’ and inserting ‘‘6’’; and

(ii) by inserting ‘‘economics and policy,’’ after ‘‘agri-

cultural sciences,’’;

(B) in paragraph (2)—

(i) by striking ‘‘One-third’’ and inserting ‘‘3’’; and

(ii) by inserting ‘‘community development,’’ after

‘‘public policy,’’; and

‘‘(3) 4 of the members shall be appointed from among indi-

viduals with expertise in public cultivar and animal breed de-

velopment.

‘‘(4) 4 of the members shall be appointed from among indi-

viduals representing—

‘‘(A) 1862 Institutions (as defined in section 2 of the

Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7601));

‘‘(B) 1890 Institutions (as defined in section 2 of the

Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7601));

‘‘(C) Hispanic-serving institutions (as defined in section

1404 of the National Agricultural Research, Extension, and

Teaching Policy Act of 1977 (7 U.S.C. 3103)); or

‘‘(D) 1994 Institutions (as defined in section 532 of the

Equity in Educational Land-Grant Status Act of 1994 (7

U.S.C. 301 note; Public Law 103–382)).’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 1635(b)(2) of

the Food, Agriculture, Conservation, and Trade Act of 1990 (7

U.S.C. 5844(b)(2)) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

323

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7207. NATIONAL AGRICULTURAL WEATHER INFORMATION SYS-

TEM.

Section 1641(c) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE.

Section 1671 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5924) is amended—

(1) in the section heading, by inserting ‘‘

TO PHENOME

’’ after

‘‘

GENOME

’’;

(2) by striking subsection (a) and inserting the following:

‘‘(a) G

OALS

.—The goals of this section are—

‘‘(1) to expand knowledge concerning genomes and

phenomes of crops and animals of importance to the agriculture

sector of the United States;

‘‘(2) to understand how variable weather, environments,

and production systems impact the growth and productivity of

specific varieties of crops and species of animals in order to pro-

vide greater accuracy in predicting crop and animal perform-

ance under variable conditions;

‘‘(3) to support research that leverages plant and animal

genomic information with phenotypic and environmental data

through an interdisciplinary framework, leading to a novel un-

derstanding of plant and animal processes that affect growth,

productivity, and the ability to predict performance, which will

result in the deployment of superior varieties and species to pro-

ducers and improved crop and animal management rec-

ommendations for farmers and ranchers;

‘‘(4) to catalyze and coordinate research that links genomics

and predictive phenomics at different sites across the United

States to achieve advances in crops and animals that generate

societal benefits;

‘‘(5) to combine fields such as genetics, genomics, plant

physiology, agronomy, climatology, and crop modeling with

computation and informatics, statistics, and engineering;

‘‘(6) to combine fields such as genetics, genomics, animal

physiology, meat science, animal nutrition, and veterinary

science with computation and informatics, statistics, and engi-

neering;

‘‘(7) to focus on crops and animals that will yield scientif-

ically important results that will enhance the usefulness of

many other crops and animals;

‘‘(8) to build on genomic research, such as the Plant Ge-

nome Research Project and the National Animal Genome Re-

search Program, to understand gene function in production en-

vironments that is expected to have considerable returns for

crops and animals of importance to the agriculture of the

United States;

‘‘(9) to develop improved data analytics to enhance under-

standing of the biological function of genes;

‘‘(10) to allow resources developed under this section, in-

cluding data, software, germplasm, and other biological mate-

rials, to be openly accessible to all persons, subject to any con-

fidentiality requirements imposed by law; and

324

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(11) to encourage international partnerships with each

partner country responsible for financing its own research.’’;

(3) by striking subsection (b) and inserting the following:

‘‘(b) D

UTIES OF

ECRETARY

.—The Secretary of Agriculture (re-

ferred to in this section as the ‘Secretary’) shall conduct a research

initiative, to be known as the ‘Agricultural Genome to Phenome Ini-

tiative’, for the purpose of—

‘‘(1) studying agriculturally significant crops and animals

in production environments to achieve sustainable and secure

agricultural production;

‘‘(2) ensuring that current gaps in existing knowledge of ag-

ricultural crop and animal genetics and phenomics are filled;

‘‘(3) identifying and developing a functional understanding

of relevant genes from animals and agronomically relevant

genes from crops that are of importance to the agriculture sector

of the United States;

‘‘(4) ensuring future genetic improvement of crops and ani-

mals of importance to the agriculture sector of the United

States;

‘‘(5) studying the relevance of diverse germplasm as a

source of unique genes that may be of importance in the future;

‘‘(6) enhancing genetics to reduce the economic impact of

pathogens on crops and animals of importance to the agri-

culture sector of the United States;

‘‘(7) disseminating findings to relevant audiences; and

‘‘(8) otherwise carrying out this section.’’;

(4) in subsection (c)(1), by inserting ‘‘, acting through the

National Institute of Food and Agriculture,’’ after ‘‘The Sec-

retary’’;

(5) in subsection (e), by inserting ‘‘to Phenome’’ after ‘‘Ge-

nome’’; and

(6) by adding at the end the following:

‘‘(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $40,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.

Section 1672 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5925) is amended—

(1) in subsection (d)—

(A) in paragraph (8)—

(i) in the heading, by striking ‘‘A

LFALFA AND FOR

AGE

’’ and inserting ‘‘A

LFALFA SEED AND ALFALFA FOR

AGE SYSTEMS

’’;

(ii) by striking ‘‘alfalfa and forage’’ and inserting

‘‘alfalfa seed and alfalfa forage systems’’; and

(iii) by striking ‘‘alfalfa and other forages, and’’

and inserting ‘‘alfalfa seed and other alfalfa forage’’;

and

(B) by adding at the end the following new para-

graphs:

‘‘(11) M

ACADAMIA TREE HEALTH INITIATIVE

.—Research and

extension grants may be made under this section for the pur-

poses of—

325

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(A) developing and disseminating science-based tools

and treatments to combat the macadamia felted coccid

(Eriococcus ironsidei); and

‘‘(B) establishing an areawide integrated pest manage-

ment program in areas affected by, or areas at risk of being

affected by, the macadamia felted coccid.

‘‘(12) N

ATIONAL TURFGRASS RESEARCH INITIATIVE

.—Re-

search 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, fer-

tilizer, and pesticide use;

‘‘(D) selecting genetically superior turfgrasses and de-

veloping 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 water-

ways; 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 devel-

oping biologic products to enhance soil, enrich plants, and

mitigate pests.

‘‘(13) F

ERTILIZER MANAGEMENT INITIATIVE

.—

‘‘(A) I

N 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) P

RIORITY

.—In awarding grants under subpara-

graph (A), the Secretary shall give priority to research ex-

amining the impact of the source, rate, timing, and place-

ment of plant nutrients.

‘‘(14) C

ATTLE FEVER TICK PROGRAM

.—Research and exten-

sion grants may be made under this section to study cattle fever

ticks—

‘‘(A) to facilitate the understanding of the role of wild-

life 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;

326

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(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 cat-

tle 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 sustain-

ability of best practices.

‘‘(15) L

AYING HEN AND TURKEY RESEARCH PROGRAM

.—Re-

search 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, nutri-

tion, gut health, and alternative housing systems under extreme

seasonal weather conditions.

‘‘(16) C

HRONIC WASTING DISEASE

.—Research and extension

grants may be made under this section for the purposes of sup-

porting research projects at land-grant colleges and universities

(as defined in section 1404 of the National Agricultural Re-

search, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3103)) with established deer research programs for the purposes

of treating, mitigating, or eliminating chronic wasting disease.

‘‘(17) A

LGAE AGRICULTURE RESEARCH PROGRAM

.—Research

and extension grants may be made under this section for the de-

velopment and testing of algae and algae systems (including

micro- and macro-algae systems).

‘‘(18) N

UTRIENT MANAGEMENT

.—Research and extension

grants may be made under this section for the purposes of ex-

amining nutrient management based on the source, rate, tim-

ing, and placement of crop nutrients.

‘‘(19) D

RYLAND FARMING AGRICULTURAL SYSTEMS

.—Re-

search and extension grants may be made under this section for

the purposes of carrying out or enhancing research on the utili-

zation of big data for more precise management of dryland

farming agricultural systems.

‘‘(20) H

OP PLANT HEALTH INITIATIVE

.—Research and exten-

sion grants may be made under this section for the purposes of

developing and disseminating science-based tools and treat-

ments to combat diseases of hops caused by the plant pathogens

Podosphaera macularis and Pseudoperonospora humuli.’’;

(2) in subsection (e)(5), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(3) in subsection (f)(5), by striking ‘‘2018’’ and inserting

‘‘2023’’;

(4) in subsection (g)—

(A) in paragraphs (1)(B), (2)(B), and (3), by striking

‘‘2018’’ each place it appears and inserting ‘‘2023’’;

327

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(B) by redesignating paragraphs (4) and (5) as para-

graphs (5) and (6), respectively; and

paragraph:

‘‘(4) E

NHANCED COORDINATION OF HONEYBEE AND POLLI

NATOR RESEARCH

.—

‘‘(A) I

N GENERAL

.—The Chief Scientist of the Depart-

ment of Agriculture shall coordinate research, extension,

education, and economic activities in the Department of Ag-

riculture relating to native and managed pollinator health

and habitat.

‘‘(B) D

UTIES

.—In carrying out subparagraph (A), the

Chief Scientist shall—

‘‘(i) assign an individual to serve in the Office of

the Chief Scientist as a Honeybee and Pollinator Re-

search Coordinator who shall be responsible for lead-

ing the efforts of the Chief Scientist in carrying out

such subparagraph;

‘‘(ii) implement and coordinate pollinator health

research efforts of the Department, as recommended by

the Pollinator Health Task Force;

‘‘(iii) establish annual strategic priorities and goals

for the Department for native and managed pollinator

research;

‘‘(iv) communicate such priorities and goals to each

agency or office of the Department of Agriculture, the

managed pollinator industry, and relevant grant re-

cipients under programs administered by the Secretary;

and

‘‘(v) coordinate and identify all research on native

and managed pollinator health needed and conducted

by the Department of Agriculture and relevant grant

recipients under programs administered by the Sec-

retary to ensure consistency and reduce unintended du-

plication of effort.

‘‘(C) R

ESEARCH

.—In coordinating research activities

under subparagraph (A), the Chief Scientist shall ensure

that such research—

‘‘(i) identifies and addresses the multiple stressors

on pollinator health, including pests and pathogens, re-

duced habitat, lack of nutritional resources, and expo-

sure to pesticides;

‘‘(ii) evaluates stewardship and management prac-

tices of managed pollinators that would impact man-

aged pollinator health;

‘‘(iii) documents the prevalence of major pests, such

as varroa destructor (commonly referred to as the

varroa mite), and diseases that are transported be-

tween States through practices involving managed pol-

linators;

‘‘(iv) evaluates the impact of overcrowding of colo-

nies for pollination services and the impact of such

overcrowding on pollinator health status and polli-

nator health recovery;

328

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(v) evaluates and reports on the health differences

of managed pollinators in—

‘‘(I) crops not requiring contract pollination;

‘‘(II) crops requiring contract pollination; and

‘‘(III) native habitat;

‘‘(vi) evaluates the impact of horticultural and ag-

ricultural pest management practices on native and

managed pollinator colonies in diverse agroecosystems;

‘‘(vii) documents pesticide residues that are—

‘‘(I) found in native and managed pollinator

colonies; and

‘‘(II) associated with typical localized commer-

cial crop pest management practices;

‘‘(viii) with respect to native and managed polli-

nator colonies visiting crops for crop pollination or

honey production purposes, documents—

‘‘(I) the strength and health of such colonies;

‘‘(II) the survival, growth, reproduction, and

production of such colonies;

‘‘(III) pests, pathogens, and viruses that affect

such colonies;

‘‘(IV) environmental conditions of such colo-

nies;

‘‘(V) beekeeper practices; and

‘‘(VI) any other relevant information, as deter-

mined by the Chief Scientist;

‘‘(ix) documents, with respect to healthy popu-

lations of managed pollinators, best management prac-

tices and other practices for managed pollinators and

crop managers;

‘‘(x) evaluates the effectiveness of—

‘‘(I) conservation practices that target the spe-

cific needs of native and managed pollinator habi-

tats;

‘‘(II) incentives that allow for the expansion of

native and managed pollinator forage acreage; and

‘‘(III) managed pollinator breeding practices

and efforts to, with respect to managed pollinators,

avoid creating a genetic bottleneck and improve ge-

netic diversity;

‘‘(xi) in the case of commercially managed polli-

nator colonies, continues to gather data—

‘‘(I) on an annual basis with respect to losses

of such colonies, splits of such colonies, and the

total number of pollinator colonies;

‘‘(II) on rising input costs; and

‘‘(III) overall economic value to the food econ-

omy; and

‘‘(xii) addresses any other issue relating to native

and managed pollinators, as determined by the Chief

Scientist, in consultation with scientific experts.

‘‘(D) P

UBLICATION

.—The Chief Scientist, to the max-

imum extent practicable, shall—

‘‘(i) make publicly available the results of the re-

search described in subparagraph (C); and

329

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(ii) in the case of the research described in sub-

paragraph (C)(vi), publish any data or reports that

were produced by the Department of Agriculture but

not made publicly available during the period begin-

ning on January 1, 2008, and ending on the date of the

enactment of the Agriculture Improvement Act of

2018.’’; and

(5) in subsection (h), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INI-

TIATIVE.

Section 1672B of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5925b) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by inserting ‘‘using funds made available under

subsection (e),’’ after ‘‘Board,’’; and

(ii) by inserting ‘‘in each of fiscal years 2019

through 2023’’ after ‘‘grants’’; and

(B) in paragraph (7), by inserting ‘‘, soil health,’’ after

‘‘conservation’’; and

(2) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (B), by striking ‘‘and’’ at the

end;

(ii) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

(iii) by adding at the end the following new sub-

paragraphs:

‘‘(D) $20,000,000 for each of fiscal years 2019 through

2020;

‘‘(E) $25,000,000 for fiscal year 2021;

‘‘(F) $30,000,000 for fiscal year 2022; and

‘‘(G) $50,000,000 for fiscal year 2023 and each fiscal

year thereafter.’’; and

(B) in paragraph (2)—

(i) in the paragraph heading, by striking ‘‘

FOR FIS

CAL YEARS 2014 THROUGH 2018

’’; and

(ii) by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7211. FARM BUSINESS MANAGEMENT.

Section 1672D of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5925f) is amended—

(1) by amending subsection (a) to read as follows:

‘‘(a) I

ENERAL

.—The Secretary may make competitive re-

search and extension grants for the purpose of improving the farm

management knowledge and skills of agricultural producers by

maintaining and expanding a national, publicly available farm fi-

nancial management database to support improved farm manage-

ment.’’;

(2) in subsection (b)—

(A) in paragraph (2), by striking ‘‘and producer’’ and

inserting ‘‘educational programs and’’; and

(B) in paragraph (4), by striking ‘‘use and support’’ and

inserting ‘‘contribute data to’’; and

330

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(3) in subsection (d)(2), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL

PRODUCTION RESEARCH, EDUCATION, AND EXTENSION

INITIATIVE.

(a) I

ENERAL

.—The Food, Agriculture, Conservation, and

Trade Act of 1990 is amended by inserting after section 1672D (7

U.S.C. 5925f) the following:

‘‘SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL

PRODUCTION RESEARCH, EDUCATION, AND EXTENSION

INITIATIVE.

‘‘(a) C

OMPETITIVE

ESEARCH AND

XTENSION

RANTS

UTHOR

IZED

.—In consultation with the Urban Agriculture and Innovative

Production Advisory Committee established under section 222(b) of

the Department of Agriculture Reorganization Act of 1994, the Sec-

retary may make competitive grants to support research, education,

and extension activities for the purposes of facilitating the develop-

ment of urban, indoor, and other emerging agricultural production,

harvesting, transportation, aggregation, packaging, distribution,

and markets, including by—

‘‘(1) assessing and developing strategies to remediate con-

taminated sites;

‘‘(2) determining and developing the best production man-

agement and integrated pest management practices;

‘‘(3) identifying and promoting the horticultural, social,

and economic factors that contribute to successful urban, in-

door, and other emerging agricultural production;

‘‘(4) analyzing the means by which new agricultural sites

are determined, including an evaluation of soil quality, condi-

tion of a building, or local community needs;

‘‘(5) exploring new technologies that minimize energy, light-

ing systems, water, and other inputs for increased food produc-

tion;

‘‘(6) examining building material efficiencies and structural

upgrades for the purpose of optimizing growth of agricultural

products;

‘‘(7) developing new crop varieties and agricultural prod-

ucts to connect to new markets; or

‘‘(8) examining the impacts of crop exposure to urban ele-

ments on environmental quality and food safety.

‘‘(b) G

RANT

YPES AND

ROCESS

.—Subparagraphs (A) through

(E) of paragraph (4), paragraph (7), and paragraph (11)(B) of sub-

section (b) of the Competitive, Special, and Facilities Research

Grant Act (7 U.S.C. 3157) shall apply with respect to the making

of grants under this section.

‘‘(c) P

RIORITY

.—The Secretary may give priority to grant pro-

posals that involve—

‘‘(1) the cooperation of multiple entities; or

‘‘(2) States or regions with a high concentration of or sig-

nificant interest in urban farms, rooftop farms, and indoor pro-

duction facilities.

‘‘(d) F

UNDING

.—

‘‘(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall use to carry out this sec-

331

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

tion $10,000,000 for fiscal year 2019, to remain available until

expended.

‘‘(2) A

UTHORIZATION OF APPROPRIATIONS

.—In addition to

amounts made available under paragraph (1), there is author-

ized to be appropriated to carry out this section $10,000,000 for

each of fiscal years 2019 through 2023.’’.

(b) D

ATA

OLLECTION ON

RBAN

, I

NDOOR

AND

MERGING

RICULTURAL

RODUCTION

.—

(1) I

N GENERAL

.—Not later than one year after the date of

enactment of this Act, the Secretary shall conduct as a follow-

on study to the census of agriculture conducted in the calendar

year 2017 under section 2 of the Census of Agriculture Act of

1997 (7 U.S.C. 2204g) a census of urban, indoor, and other

emerging agricultural production, including information

about—

(A) community gardens and farms located in urban

areas, suburbs, and urban clusters;

(B) rooftop farms, outdoor vertical production, and

green walls;

technology farms;

(D) hydroponic, aeroponic, and aquaponic farm facili-

ties; and

(E) other innovations in agricultural production, as de-

termined by the Secretary.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $14,000,000

for the period of fiscal years 2019 through 2021.

SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.

Section 1673 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5926) is amended by adding at the end the

following:

‘‘(d) C

ENTERS OF

XCELLENCE AT

1890

NSTITUTIONS

.—

‘‘(1) R

ECOGNITION

.—The Secretary shall recognize not less

than 3 centers of excellence, each led by an 1890 Institution (as

defined in section 2 of the Agricultural Research, Extension,

and Education Reform Act of 1998 (7 U.S.C. 7601)), to focus on

1 or more of the areas described in paragraph (2).

‘‘(2) A

REAS OF FOCUS

.—

‘‘(A) S

TUDENT SUCCESS AND WORKFORCE DEVELOP

MENT

.—A center of excellence established under paragraph

(1) may engage in activities to ensure that students have

the skills and education needed to work in agriculture and

food industries, agriculture science, technology, engineer-

ing, mathematics, and related fields of study.

‘‘(B) N

UTRITION

HEALTH

WELLNESS

AND QUALITY OF

LIFE

.—A center of excellence established under paragraph

(1) may carry out research, education, and extension pro-

grams that increase access to healthy food, improve nutri-

tion, mitigate preventive disease, and develop strategies to

assist limited resource individuals in accessing health and

nutrition resources.

‘‘(C) F

ARMING SYSTEMS

RURAL PROSPERITY

AND ECO

NOMIC SUSTAINABILITY

.—A center of excellence established

under paragraph (1) may share best practices with farmers

332

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

to improve agricultural production, processing, and mar-

keting, reduce urban food deserts, examine new uses for

traditional and nontraditional crops, animals, and natural

resources, and continue activities carried out by the Center

for Innovative and Sustainable Small Farms, Ranches, and

Forest Lands.

‘‘(D) G

LOBAL FOOD SECURITY AND DEFENSE

.—A center

of excellence established under paragraph (1) may engage

in international partnerships that strengthen agricultural

development in developing countries, partner with inter-

national researchers regarding new and emerging animal

and plant pests and diseases, engage in agricultural dis-

aster recovery, and continue activities carried out by the

Center for International Engagement.

‘‘(E) N

ATURAL RESOURCES

ENERGY

AND ENVIRON

MENT

.—A center of excellence established under paragraph

(1) may focus on protecting and managing domestic nat-

ural resources for current and future production of food

and agricultural products.

‘‘(F) E

MERGING TECHNOLOGIES

.—A center of excellence

established under paragraph (1) may focus on the develop-

ment of emerging technologies to increase agricultural pro-

ductivity, enhance small farm economic viability, and im-

prove rural communities by developing genetic and sensor

technologies for food and agriculture and providing tech-

nology training to farmers.

‘‘(3) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $10,000,000

for each of fiscal years 2019 through 2023.

‘‘(4) R

EPORT

.—Not later than 1 year after the date of enact-

ment of the Agriculture Improvement Act of 2018, and every

year thereafter, the Secretary shall submit to the Committee on

Agriculture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a report

describing—

‘‘(A) the resources invested in the centers of excellence

established under paragraph (1); and

‘‘(B) the work being done by those centers of excel-

lence.’’.

SEC. 7214. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE

TECHNOLOGY PROGRAM FOR FARMERS WITH DISABIL-

ITIES.

Section 1680 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 5933) is amended—

(1) in subsection (a), by adding at the end the following

new paragraph:

‘‘(7) C

LARIFICATION OF APPLICATION OF PROVISIONS TO VET

ERANS WITH DISABILITIES

.—This subsection shall apply with re-

spect to veterans with disabilities, and their families, who—

‘‘(A) are engaged in farming or farm-related occupa-

tions; or

‘‘(B) are pursuing new farming opportunities.’’;

(2) in subsection (b)—

(A) by inserting ‘‘(including veterans)’’ after ‘‘individ-

uals’’; and

333

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(B) by inserting ‘‘or, in the case of veterans with dis-

abilities, who are pursuing new farming opportunities’’ be-

fore the period at the end; and

(3) in subsection (c)(1)(B), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.

Section 2381(e) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

Subtitle C—Agricultural Research, Exten-

sion, and Education Reform Act of 1998

SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTEN-

SION, OUTREACH, AND TECHNICAL ASSISTANCE PRO-

GRAM.

(a) E

NDING

IMITATION ON

UNDING

.—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:

‘‘(3) T

ERM OF GRANT

.—A grant under this section shall

have a term that is not more than 3 years.’’.

(b) N

ATIONAL

OOD

AFETY

RAINING

, E

DUCATION

, E

XTENSION

UTREACH

AND

ECHNICAL

SSISTANCE

ROGRAM

.—Section 405(j)

of the Agricultural Research, Extension, and Education Reform Act

of 1998 (7 U.S.C. 7625(j)) is amended by striking ‘‘there are author-

ized’’ and all that follows through the period at the end and insert-

ing ‘‘there is authorized to be appropriated $10,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION

COMPETITIVE GRANTS PROGRAM.

Section 406(e) of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,

TRITICALE, AND BARLEY CAUSED BY FUSARIUM

GRAMINEARUM OR BY TILLETIA INDICA.

Section 408 of the Agricultural Research, Extension, and Edu-

cation Reform Act of 1998 (7 U.S.C. 7628) is amended—

(1) in subsection (e)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period at the end

and inserting ‘‘; and’’; and

‘‘(3) $15,000,000 for each of fiscal years 2019 through

2023.’’; and

(2) by adding at the end the following new subsection:

‘‘(f) L

IMITATION ON

NDIRECT

OSTS

.—A recipient of a grant

under this section may not use more than 10 percent of the funds

provided by the grant for the indirect costs of carrying out the ini-

tiatives described in subsection (a).’’.

334

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.

Section 410(d)(2) of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.

(a) I

NDUSTRY

EEDS

.—Section 412(b) of the Agricultural Re-

search, Extension, and Education Reform Act of 1998 (7 U.S.C.

7632(b)) is amended—

(1) in paragraph (1)—

(A) by redesignating subparagraphs (B) through (E) as

subparagraphs (C) through (F); and

(B) by inserting after subparagraph (A) the following:

‘‘(B) size-controlling rootstock systems for perennial

crops;’’;

(2) in paragraph (2), by striking ‘‘including threats to spe-

cialty crop pollinators;’’ and inserting the following: ‘‘includ-

ing—

‘‘(A) threats to specialty crop pollinators;

‘‘(B) emerging and invasive species; and

‘‘(C) a more effective understanding and utilization of

existing natural enemy complexes;’’;

(3) in paragraph (3)—

(A) by striking ‘‘efforts to improve’’ and inserting the

following: ‘‘efforts—

‘‘(A) to improve’’;

(B) in subparagraph (A) (as so designated), by adding

‘‘and’’ at the end; and

‘‘(B) to achieve a better understanding of—

‘‘(i) the soil rhizosphere microbiome;

‘‘(ii) pesticide application systems and certified

drift-reduction technologies; and

‘‘(iii) systems to improve and extend the storage life

of specialty crops;’’; and

(4) in paragraph (4), by striking ‘‘including improved mech-

anization and technologies that delay or inhibit ripening; and’’

and inserting the following: ‘‘including—

‘‘(A) mechanization and automation of labor-intensive

tasks in production and processing;

‘‘(B) technologies that delay or inhibit ripening;

‘‘(C) decision support systems driven by phenology and

environmental factors;

‘‘(D) improved monitoring systems for agricultural

pests; and

‘‘(E) effective systems for preharvest and postharvest

management of quarantine pests; and’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 412(k)(2) of

the Agricultural Research, Extension, and Education Reform Act of

1998 (7 U.S.C. 7632(k)(2)) is amended—

(1) in the subsection heading, by striking ‘‘2018’’ and insert-

ing ‘‘2023’’; and

(2) by striking ‘‘2018’’ and inserting ‘‘2023’’.

335

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.

Section 604(e) of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.

Section 614(f)(2) of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.

Section 617(f)(1) of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended by

striking ‘‘2018’’ and inserting ‘‘2023’’.

Subtitle D—Food, Conservation, and

Energy Act of 2008

PART I—AGRICULTURAL SECURITY

SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.

Section 14112(c)(2) of the Food, Conservation, and Energy Act

of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL

BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.

Section 14113 of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 8913) is amended—

(1) in subsection (a)(2)(B), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in subsection (b)(2)(B), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUN-

TERMEASURES.

Section 14121(b)(2) of the Food, Conservation, and Energy Act

of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.

Section 14122(e)(2) of the Food, Conservation, and Energy Act

of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

PART II—MISCELLANEOUS

SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.

Section 7502 of the Food, Conservation, and Energy Act of 2008

(Public Law 110–246; 122 Stat. 2019) is amended by striking ‘‘10-

year period’’ and inserting ‘‘15-year period’’.

SEC. 7412. FARM AND RANCH STRESS ASSISTANCE NETWORK.

Section 7522 of the Food, Conservation, and Energy Act of 2008

(7 U.S.C. 5936) is amended—

(1) in subsection (a), by striking ‘‘to support cooperative pro-

grams between State cooperative extension services and non-

336

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

profit organizations’’ and inserting ‘‘to eligible entities described

in subsection (c)’’;

(2) in subsection (b)—

(A) by striking paragraph (5);

(B) by redesignating paragraphs (1) through (4) as sub-

paragraphs (A) through (D), respectively, and indenting the

subparagraphs appropriately;

and inserting the following:

‘‘(B) training, including training programs and work-

shops, for—

‘‘(i) advocates for individuals who are engaged in

farming, ranching, and other occupations relating to

agriculture; and

‘‘(ii) other individuals and entities that may assist

individuals who—

‘‘(I) are engaged in farming, ranching, and

other occupations relating to agriculture; and

‘‘(II) are in crisis;’’;

(D) in subparagraph (C) (as so redesignated), by add-

ing ‘‘and’’ after the semicolon at the end;

(E) in subparagraph (D) (as so redesignated), by strik-

ing ‘‘activities; and’’ and inserting ‘‘activities, including the

dissemination of information and materials; or’’;

(F) in the matter preceding subparagraph (A) (as so re-

designated), by striking ‘‘be used to initiate’’ and inserting

the following: ‘‘be used—

‘‘(1) to initiate’’; and

(G) by adding at the end the following:

‘‘(2) to enter into contracts, on a multiyear basis, with com-

munity-based, direct-service organizations to initiate, expand,

or sustain programs described in paragraph (1) and subsection

(a).’’; and

(3) by striking subsections (c) and (d) and inserting the fol-

lowing:

‘‘(c) E

LIGIBLE

ECIPIENTS

.—The Secretary may award a grant

under this section to—

‘‘(1) an Indian tribe (as defined in section 4 of the Indian

Self-Determination and Education Assistance Act (25 U.S.C.

5304));

‘‘(2) a State department of agriculture;

‘‘(3) a State cooperative extension service;

‘‘(4) a qualified nonprofit organization, as determined by

the Secretary;

‘‘(5) an entity providing appropriate services, as determined

by the Secretary, in 1 or more States; or

‘‘(6) a partnership carried out by 2 or more entities de-

scribed in paragraphs (1) through (5).

‘‘(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to the Secretary to carry out this section

$10,000,000 for each of fiscal years 2019 through 2023.

‘‘(e) R

EPORT TO

ONGRESS

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of this subsection, the Secretary, in coordination with

the Secretary of Health and Human Services, shall submit to

337

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

Congress and any other relevant Federal department or agency,

and make publicly available, a report describing the state of be-

havioral and mental health of individuals who are engaged in

farming, ranching, and other occupations relating to agri-

culture.

‘‘(2) C

ONTENTS

.—The report under paragraph (1) shall in-

clude—

‘‘(A) an inventory and assessment of efforts to support

the behavioral and mental health of individuals who are

engaged in farming, ranching, and other occupations relat-

ing to agriculture by—

‘‘(i) the Federal Government, States, and units of

local government;

‘‘(ii) communities comprised of those individuals;

‘‘(iii) health care providers;

‘‘(iv) State cooperative extension services; and

‘‘(v) other appropriate entities, as determined by

the Secretary;

‘‘(B) a description of the challenges faced by individ-

uals who are engaged in farming, ranching, and other oc-

cupations relating to agriculture that may impact the be-

havioral and mental health of farmers and ranchers;

‘‘(C) a description of how the Department of Agriculture

can improve coordination and cooperation with Federal

health departments and agencies, including the Depart-

ment of Health and Human Services, the Substance Abuse

and Mental Health Services Administration, the Health Re-

sources and Services Administration, the Centers for Dis-

ease Control and Prevention, and the National Institutes of

Health, to best address the behavioral and mental health

of individuals who are engaged in farming, ranching, and

other occupations relating to agriculture;

‘‘(D) a long-term strategy for responding to the chal-

lenges described under subparagraph (B) and recommenda-

tions based on best practices for further action to be carried

out by appropriate Federal departments or agencies to im-

prove Federal Government response and seek to prevent sui-

cide among individuals who are engaged in farming,

ranching, and other occupations relating to agriculture;

and

‘‘(E) an evaluation of the impact that behavioral and

mental health challenges and outcomes (including suicide)

among individuals who are engaged in farming, ranching,

and other agriculture related occupations have on—

‘‘(i) the agricultural workforce;

‘‘(ii) agricultural production;

‘‘(iii) rural families and communities; and

‘‘(iv) succession planning.

‘‘(f) S

TATE

EFINED

.—For purposes of this section, the term

‘State’ has the meaning given such term in section 1404 of the Na-

tional Agricultural Research, Extension, and Teaching Policy Act of

1977 (7 U.S.C. 3103).’’.

338

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM.

Section 7525(e) of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 5937(e)) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7414. SUN GRANT PROGRAM.

Section 7526(g) of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 8114(g)) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

Subtitle E—Amendments to Other Laws

SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.

(a) H

EMP

ESEARCH

.—Section 5(b)(9) of the Critical Agricul-

tural Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting ‘‘,

and including hemp (as defined in section 297A of the Agricultural

Marketing Act of 1946)’’ after ‘‘hydrocarbon-containing plants’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 16(a)(2) of

the Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF

1994.

(a) 1994 I

NSTITUTION

EFINED

.—

(1) I

N GENERAL

.—Section 532 of the Equity in Educational

Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law

103–382) is amended to read as follows:

‘‘SEC. 532. DEFINITION OF 1994 INSTITUTION.

‘‘In this part, the term ‘1994 Institution’ means any of the fol-

lowing colleges:

‘‘(1) Aaniiih Nakoda College.

‘‘(2) Bay Mills Community College.

‘‘(3) Blackfeet Community College.

‘‘(4) Cankdeska Cikana Community College.

‘‘(5) Chief Dull Knife College.

‘‘(6) College of Menominee Nation.

‘‘(7) College of the Muscogee Nation.

‘‘(8) D–Q University.

‘‘(9) Dine College.

‘‘(10) Fond du Lac Tribal and Community College.

‘‘(11) Fort Peck Community College.

‘‘(12) Haskell Indian Nations University.

‘‘(13) Ilisagvik College.

‘‘(14) Institute of American Indian and Alaska Native Cul-

ture and Arts Development.

‘‘(15) Keweenaw Bay Ojibwa Community College.

‘‘(16) Lac Courte Oreilles Ojibwa Community College.

‘‘(17) Leech Lake Tribal College.

‘‘(18) Little Big Horn College.

‘‘(19) Little Priest Tribal College.

‘‘(20) Navajo Technical University.

‘‘(21) Nebraska Indian Community College.

‘‘(22) Northwest Indian College.

‘‘(23) Nueta Hidatsa Sahnish College.

‘‘(24) Oglala Lakota College.

339

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(25) Red Lake Nation College.

‘‘(26) Saginaw Chippewa Tribal College.

‘‘(27) Salish Kootenai College.

‘‘(28) Sinte Gleska University.

‘‘(29) Sisseton Wahpeton College.

‘‘(30) Sitting Bull College.

‘‘(31) Southwestern Indian Polytechnic Institute.

‘‘(32) Stone Child College.

‘‘(33) Tohono O’odham Community College.

‘‘(34) Turtle Mountain Community College.

‘‘(35) United Tribes Technical College.

‘‘(36) White Earth Tribal and Community College.’’.

(2) E

FFECTIVE DATE

.—The amendment made by paragraph

(1) shall take effect on the date of the enactment of this Act.

(b) E

NDOWMENT FOR

1994 I

NSTITUTIONS

.—Section 533(b) of the

Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301

note; Public Law 103–382) is amended in the first sentence by strik-

ing ‘‘2018’’ and inserting ‘‘2023’’.

NSTITUTIONAL

APACITY

UILDING

RANTS

.—Section 535 of

the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.

301 note; Public Law 103–382) is amended by striking ‘‘2018’’ each

place it appears in subsections (b)(1) and (c) and inserting ‘‘2023’’.

(d) R

ESEARCH

RANTS

.—Section 536(c) of the Equity in Edu-

cational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public

Law 103–382) is amended in the first sentence by striking ‘‘2018’’

and inserting ‘‘2023’’.

SEC. 7503. RESEARCH FACILITIES ACT.

(a) A

GRICULTURAL

ESEARCH

ACILITY

EFINED

.—The Re-

search Facilities Act is amended—

(1) in section 2(1) (7 U.S.C. 390(1)) by striking ‘‘a college,

university, or nonprofit institution’’ and inserting ‘‘an entity eli-

gible to receive funds under a capacity and infrastructure pro-

gram (as defined in section 251(f)(1)(C) of the Department of

Agriculture Reorganization Act of 1994 (7 U.S.C.

6971(f)(1)(C)))’’; and

(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by striking

‘‘recipient college, university, or nonprofit institution’’ and in-

serting ‘‘recipient entity’’.

(b) L

ONG

TERM

UPPORT

.—Section 3(c)(2)(D) of the Research

Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection (a),

is further amended by striking ‘‘operating costs’’ and inserting ‘‘op-

erating and maintenance costs’’.

OMPETITIVE

RANT

ROGRAM

.—The Research Facilities Act

is amended by inserting after section 3 (7 U.S.C. 390a) the following

new section:

‘‘SEC. 4. COMPETITIVE GRANT PROGRAM.

‘‘The Secretary shall establish a program to make competitive

grants to assist in the construction, alteration, acquisition, mod-

ernization, renovation, or remodeling of agricultural research facili-

ties.’’.

(d) A

UTHORIZATION OF

PPROPRIATIONS AND

UNDING

IMITA

TIONS

.—Section 6 of the Research Facilities Act (7 U.S.C. 390d) is

amended—

(1) in subsection (a)—

340

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(A) by striking ‘‘subsection (b),’’ and inserting ‘‘sub-

sections (b), (c), and (d),’’;

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’; and

‘‘Funds appropriated pursuant to the preceding sentence

shall be available until expended.’’; and

(2) by adding at the end the following new subsections:

‘‘(c) M

AXIMUM

MOUNT

.—Not more than 25 percent of the funds

made available pursuant to subsection (a) for any fiscal year shall

be used for any single agricultural research facility project.

‘‘(d) P

ROJECT

IMITATION

.—An entity eligible to receive funds

under this Act may receive funds for only one project at a time.’’.

SEC. 7504. AGRICULTURE AND FOOD RESEARCH INITIATIVE.

Subsection (b) of the Competitive, Special, and Facilities Re-

search Grant Act (7 U.S.C. 3157(b)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (D)—

(i) by redesignating clauses (iii) through (vii) as

clauses (iv) through (viii), respectively; and

(ii) by inserting after clause (ii) the following new

clause:

‘‘(iii) soil health;’’;

(B) in subparagraph (E)—

(i) in clause (iii), by striking ‘‘and’’ at the end;

(ii) in clause (iv), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following new clause:

‘‘(v) tools that accelerate the use of automation or

mechanization for labor-intensive tasks in the produc-

tion and distribution of crops.’’; and

(i) in clause (vi), by striking ‘‘and’’ at the end;

(ii) in clause (vii), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following new clause:

‘‘(viii) barriers and bridges to entry and farm via-

bility for young, beginning, socially disadvantaged, vet-

eran, and immigrant farmers and ranchers, including

farm succession, transition, transfer, entry, and profit-

ability issues.’’;

(2) in paragraph (6)—

(A) in subparagraph (D), by striking ‘‘and’’ at the end;

(B) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(F) to an institution to carry out collaboration in bio-

medical and agricultural research using existing research

models.’’; and

(3) in paragraph (11)(A)—

(A) in the matter preceding clause (i), by striking

‘‘2018’’ and inserting ‘‘2023’’; and

(B) in clause (ii), by striking ‘‘4’’ and inserting ‘‘5’’.

341

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7505. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.

(a) I

ENERAL

.—The Competitive, Special, and Facilities Re-

search Grant Act (7 U.S.C. 3157) is amended by inserting after sub-

section (c) the following:

‘‘(d) E

XTENSION

ESIGN AND

EMONSTRATION

NITIATIVE

.—

‘‘(1) P

URPOSE

.—The purpose of this subsection is to encour-

age the design of adaptive prototype systems for improving ex-

tension and education that seek to advance the application,

translation, and demonstration of scientific discoveries and

other agricultural research for the adoption and understanding

of food, agricultural, and natural resources practices, tech-

niques, methods, and technologies using digital or other novel

platforms.

‘‘(2) G

RANTS

.—The Secretary shall award grants each fiscal

year on a competitive basis—

‘‘(A) for the design of 1 or more extension and edu-

cation prototype systems—

‘‘(i) that leverage digital platforms or other novel

means of translating, delivering, or demonstrating ag-

ricultural research; and

‘‘(ii) to adapt, apply, translate, or demonstrate sci-

entific findings, data, technology, and other research

outcomes to producers, the agricultural industry, and

other interested persons or organizations; and

‘‘(B) to demonstrate, by incorporating analytics and

specific metrics, the value, impact, and return on the Fed-

eral investment of a prototype system designed under sub-

paragraph (A) as a model for use by other eligible entities

described in paragraph (3) for improving, modernizing,

and adapting applied research, demonstration, and exten-

sion services.

‘‘(3) E

LIGIBLE ENTITIES

.—An entity that is eligible to receive

a grant under paragraph (2) is—

‘‘(A) a State agricultural experiment station (as defined

in section 1404 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));

‘‘(B) a cooperative extension service (as defined in such

section); and

‘‘(C) a land-grant college or university (as defined in

such section) .

‘‘(4) R

EQUIREMENT

.—The Secretary shall award grants

under paragraph (2) to not fewer than 2 and not more than 5

eligible entities described in paragraph (3) that represent a di-

versity of regions, commodities, and agricultural or food pro-

duction issues.

‘‘(5) T

ERM

.—The term of a grant awarded under paragraph

(2) shall be not longer than 5 years.

‘‘(6) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $5,000,000

for each of fiscal years 2019 through 2023, to remain available

until expended.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—The Competi-

tive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is

amended—

342

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(1) in subsection (c)(2), in the matter preceding subpara-

graph (A), by striking ‘‘subsection—’’ and all that follows

through ‘‘for the planning’’ in subparagraph (B) and inserting

‘‘subsection for the planning’’; and

(2) in subsection (h), by inserting ‘‘, (d),’’ after ‘‘subsections

(b)’’.

SEC. 7506. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH SERV-

ICE.

Section 7404 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 3101 note; Public Law 107–171) is repealed.

SEC. 7507. BIOMASS RESEARCH AND DEVELOPMENT.

Section 9008 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8108) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking ‘‘or’’ at the end;

(B) in subparagraph (B), by striking the period at the

end and inserting ‘‘; or’’; and

‘‘(C) carbon dioxide that—

‘‘(i) is intended for permanent sequestration or uti-

lization; and

‘‘(ii) is a byproduct of the production of the prod-

ucts described in subparagraphs (A) and (B).’’;

(2) in subsection (d)(2)(A)—

(A) in clause (xii), by striking ‘‘and’’ at the end;

(B) by redesignating clause (xiii) as clause (xiv); and

‘‘(xiii) an individual with expertise in carbon diox-

ide capture, utilization, and sequestration; and’’;

(3) in subsection (e)—

(A) in paragraph (2)(B)—

(i) in clause (ii), by striking ‘‘and’’ at the end; and

(ii) by adding at the end the following:

‘‘(iv) to permanently sequester or utilize carbon di-

oxide described in subsection (a)(1)(C); and’’; and

(B) in paragraph (3)(B)—

(i) in clause (i), by striking ‘‘and’’ at the end;

(ii) in clause (ii), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(iii) the development of technologies to perma-

nently sequester or utilize carbon dioxide described in

subsection (a)(1)(C).’’; and

(4) in subsection (h)(2), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 7508. REINSTATEMENT OF MATCHING REQUIREMENT FOR FED-

ERAL FUNDS USED IN EXTENSION WORK AT THE UNIVER-

SITY OF THE DISTRICT OF COLUMBIA.

(a) I

ENERAL

.—Section 209(c) of the District of Columbia

Public Postsecondary Education Reorganization Act (Public Law

93–471; sec. 38–1202.09(c), D.C. Official Code) is amended by in-

serting after the first sentence the following: ‘‘Such sums may be

used to pay not more than

⁄

of the total cost of providing such ex-

tension work.’’.

343

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act.

SEC. 7509. RENEWABLE RESOURCES EXTENSION ACT OF 1978.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 6 of the Re-

newable Resources Extension Act of 1978 (16 U.S.C. 1675) is

amended in the first sentence by striking ‘‘2018’’ and inserting

‘‘2023’’.

(b) T

ERMINATION

ATE

.—Section 8 of the Renewable Resources

Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95–306) is

amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 7510. NATIONAL AQUACULTURE ACT OF 1980.

Section 10 of the National Aquaculture Act of 1980 (16 U.S.C.

2809) is amended by striking ‘‘2018’’ each place it appears and in-

serting ‘‘2023’’.

SEC. 7511. FEDERAL AGRICULTURE RESEARCH FACILITIES.

Section 1431 of the National Agricultural Research, Extension,

and Teaching Policy Act Amendments of 1985 (title XIV of Public

Law 99–198; 99 Stat. 1556) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

Subtitle F—Other Matters

SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.

(a) T

RANSITION TO

ERMANENT

ROGRAM

.—Section 308 of the

Federal Crop Insurance Reform and Department of Agriculture Re-

organization Act of 1994 (7 U.S.C. 3125a note) is amended—

(1) in the section heading, by striking ‘‘

PILOT

’’; and

(2) in subsection (a), by striking ‘‘pilot’’.

(b) T

ERMINATION OF

UTHORITY

XTENDED

.—Section

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 September 30, 2023’’.

EPORTS

.—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 insert-

ing ‘‘Not later than September 30, 2021’’.

SEC. 7602. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER POR-

TION OF HENRY A. WALLACE BELTSVILLE AGRICULTURAL

RESEARCH CENTER, BELTSVILLE, MARYLAND.

(a) T

RANSFER

UTHORIZED

.—Subject to subsection (e), the Sec-

retary may transfer to the Secretary of the Treasury administrative

jurisdiction over a parcel of real property at the Henry A. Wallace

Beltsville Agricultural Research Center consisting of approximately

100 acres, which was originally acquired by the United States

through land acquisitions in 1910 and 1925, and is generally lo-

cated off of Poultry Road lying between Powder Mill Road and

Odell Road in Beltsville, Maryland, for the purpose of facilitating

the establishment of Bureau of Engraving and Printing facilities on

the parcel.

(b) L

EGAL

ESCRIPTION AND

.—

344

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(1) P

REPARATION

.—The Secretary shall prepare a legal de-

scription and map of the parcel of real property to be trans-

ferred under subsection (a).

(2) F

ORCE OF LAW

.—The legal description and map pre-

pared under paragraph (1) shall have the same force and effect

as if included in this Act, except that the Secretary may correct

errors in the legal description and map.

ERMS AND

ONDITIONS

.—The transfer of administrative ju-

risdiction under subsection (a) shall be subject to easements, valid

existing rights, and such other reservations, terms, and conditions

as the Secretary considers to be necessary.

(d) W

AIVER

.—The parcel of real property under subsection (a) is

exempt from Federal screening for other possible use due to an iden-

tified Federal need for the parcel as the site of Bureau of Engraving

and Printing facilities.

(e) C

ONDITIONS FOR

RANSFER

.—As a condition of the transfer

of administrative jurisdiction under subsection (a) with respect to

the parcel described in such subsection—

(1) the Secretary of the Treasury shall agree to pay the Sec-

retary the costs incurred to carry out such transfer, including

the costs for—

(A) any environmental or administrative analysis re-

quired by law with respect to the parcel to be so trans-

ferred;

(B) a survey of such parcel, if necessary; and

to be so transferred; and

(2) except as provided in subsection (d), the Secretary shall

enter into a binding memorandum of agreement with the Sec-

retary of the Treasury regarding the responsibilities, including

financial responsibilities, of each party for evaluating and, if

necessary, remediating or otherwise addressing hazardous sub-

stances, pollutants, or contaminants found at the parcel de-

scribed in subsection (a).

(f) H

AZARDOUS

ATERIALS

.—Nothing in this section, or the

amendments made by this section, amends, alters, or affects the rel-

evant Federal and State environmental laws, including the Com-

prehensive Environmental Response, Compensation, and Liability

Act of 1980 (42 U.S.C. 9601 et seq.), or the application of such laws

to the parcel of real property transferred under subsection (a).

SEC. 7603. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.

Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) is

amended—

(1) in subsection (d)(1)—

(A) in subparagraph (B)—

(i) in clause (ii), by striking ‘‘conflicts;’’ and insert-

ing ‘‘conflicts, specifically at the Department of Agri-

culture; and’’; and

(ii) by adding at the end the following new clause:

‘‘(iii) document the consultation process and in-

clude a summary of the results in the annual report re-

quired in subsection (f)(3)(B)’’; and

(B) in subparagraph (D), by inserting ‘‘and agriculture

stakeholders’’ after ‘‘community’’;

(2) in subsection (e)—

345

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(A) in paragraph (2)(C)(ii)(I), by inserting ‘‘agriculture

or’’ before ‘‘agricultural research’’; and

(B) in paragraph (4)(A)—

(i) in clause (iii), by striking ‘‘and’’ at the end;

(ii) by redesignating clause (iv) as clause (v); and

(iii) by inserting after clause (iii) the following:

‘‘(iv) actively solicit and accept funds, gifts, grants,

devises, or bequests of real or personal property made

to the Foundation, including from private entities;

and’’;

(3) in subsection (f)—

(A) in paragraph (2)(A)(iii), by striking ‘‘any’’; and

(B) in paragraph (3)(B)—

(i) in clause (i)(I)—

(I) in the matter preceding item (aa), by insert-

ing ‘‘and post online’’ before ‘‘a report’’;

(II) in item (aa), by striking ‘‘accomplishments;

and’’ and inserting ‘‘accomplishments and how

those activities align to the challenges identified in

the strategic plan under clause (iv);’’;

(III) in item (bb), by striking the period at the

end and inserting ‘‘; and’’; and

(IV) by adding at the end the following:

‘‘(cc) a description of available agricul-

tural research programs and priorities for the

upcoming fiscal year.’’; and

(ii) by adding at the end the following:

‘‘(iii) S

TAKEHOLDER NOTICE

.—The Foundation

shall publish an annual notice with a description of

agricultural research priorities under this section for

the upcoming fiscal year, including—

‘‘(I) a schedule for funding competitions;

‘‘(II) a discussion of how applications for fund-

ing will be evaluated; and

‘‘(III) how the Foundation will communicate

information about funded awards to the public to

ensure that grantees and partners understand the

objectives of the Foundation.

‘‘(iv) S

TRATEGIC PLAN

.—Not later than 1 year after

the date of enactment of the Agriculture Improvement

Act of 2018, the Foundation shall submit to the Com-

mittee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and For-

estry of the Senate a strategic plan describing a path

for the Foundation to become self-sustaining, includ-

ing—

‘‘(I) a forecast of major agricultural challenge

opportunities identified by the scientific advisory

councils of the Foundation and approved by the

Board, including short- and long-term objectives;

‘‘(II) an overview of the efforts that the Foun-

dation will take to be transparent in each of the

processes of the Foundation, including—

346

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(aa) processes relating to grant awards,

including the selection, review, and notifica-

tion processes;

‘‘(bb) communication of past, current, and

future research priorities; and

‘‘(cc) plans to solicit and respond to public

input on the opportunities identified in the

strategic plan;

‘‘(III) a description of financial goals and

benchmarks for the next 10 years, including a de-

tailed plan for—

‘‘(aa) raising funds in amounts greater

than the amounts required under subsection

(g)(1)(B);

‘‘(bb) soliciting additional resources pursu-

ant to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii);

and

‘‘(cc) managing and leveraging such re-

sources pursuant to subsection (f)(2)(A)(vii);

and

‘‘(IV) other related issues, as determined by the

Board.’’; and

(4) in subsection (g)(1)—

(A) in the paragraph heading, by striking ‘‘M

ANDATORY

FUNDING

’’ and inserting ‘‘F

UNDING

’’;

(B) in subparagraph (A)—

(i) by striking ‘‘On the date’’ and inserting the fol-

lowing:

‘‘(i) E

STABLISHMENT FUNDING

.—On the date’’; and

(ii) by adding at the end the following:

‘‘(ii) E

NHANCED FUNDING

.—On the date on which

the strategic plan described in subsection (f)(3)(B)(iv) is

submitted, of the funds of the Commodity Credit Cor-

poration, the Secretary shall transfer to the Foundation

to carry out this section $185,000,000, to remain avail-

able until expended.’’; and

(i) by striking ‘‘The Foundation’’ and inserting the

following:

‘‘(i) I

N GENERAL

.—The Foundation’’;

(ii) in clause (i) (as so designated)—

(I) by striking ‘‘purposes’’ and inserting ‘‘pur-

poses, duties, and powers’’; and

(II) by striking ‘‘non-Federal matching funds

for each expenditure’’ and inserting ‘‘matching

funds from a non-Federal source, including an ag-

ricultural commodity promotion, research, and in-

formation program’’; and

(iii) by adding at the end the following:

‘‘(ii) E

FFECT

.—Nothing in this section requires the

Foundation to require a matching contribution from an

individual grantee as a condition of receiving a grant

under this section.’’.

347

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7604. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE

MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.

Section 2 of Public Law 87–788 (commonly known as the

‘‘McIntire-Stennis Cooperative Forestry Act’’) (16 U.S.C. 582a–1) is

amended in the second sentence—

(1) by striking ‘‘and’’ before ‘‘1890 Institutions’’; and

(2) by inserting ‘‘and 1994 Institutions (as defined in sec-

tion 532 of the Equity in Educational Land-Grant Status Act

of 1994 (7 U.S.C. 301 note; Public Law 103–382)) that offer an

associate’s degree or a baccalaureate degree in forestry,’’ before

‘‘and (b)’’.

SEC. 7605. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.

(a) I

ENERAL

.—Section 7606 of the Agricultural Act of 2014

(7 U.S.C. 5940) is amended—

(1) by redesignating subsections (a) and (b) as subsections

(b) and (a), respectively, and moving the subsections so as to ap-

pear in alphabetical order;

(2) in subsection (a) (as so redesignated)—

(A) by redesignating paragraph (3) as paragraph (4);

and

(B) by inserting after paragraph (2) the following:

‘‘(3) S

TATE

.—The term ‘State’ has the meaning given such

term in section 297A of the Agricultural Marketing Act of

1946.’’;

(3) in subsection (b) (as so redesignated), in the subsection

heading, by striking ‘‘I

ENERAL

’’ and inserting ‘‘I

NDUSTRIAL

EMP

ESEARCH

’’; and

(4) by adding at the end the following:

‘‘(c) S

TUDY AND

EPORT

.—

‘‘(1) I

N GENERAL

.—The Secretary shall conduct a study of

agricultural pilot programs—

‘‘(A) to determine the economic viability of the domestic

production and sale of industrial hemp; and

‘‘(B) that shall include a review of—

‘‘(i) each agricultural pilot program; and

‘‘(ii) any other agricultural or academic research

relating to industrial hemp.

‘‘(2) R

EPORT

.—Not later than 12 months after the date of

enactment of this subsection, the Secretary shall submit to Con-

gress a report describing the results of the study conducted

under paragraph (1).’’.

(b) R

EPEAL

.—Effective on the date that is 1 year after the date

on which the Secretary establishes a plan under section 297C of the

Agricultural Marketing Act of 1946, section 7606 of the Agricultural

Act of 2014 (7 U.S.C. 5940) is repealed.

SEC. 7606. COLLECTION OF DATA RELATING TO BARLEY AREA PLANT-

ED AND HARVESTED.

For all acreage reports published after the date of enactment of

this Act, the Secretary, acting through the Administrator of the Na-

tional Agricultural Statistics Service, shall include the State of New

York in the States surveyed to produce the table entitled ‘‘Barley

Area Planted and Harvested’’ in those reports.

348

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

SEC. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND LOCA-

TION OF DAIRY FARMS.

(a) I

ENERAL

.—Not later than 60 days after the date on

which the 2017 Census of Agriculture is released, the Secretary, act-

ing through the Administrator of the Economic Research Service,

shall update the report entitled ‘‘Changes in the Size and Location

of US Dairy Farms’’ contained in the report of the Economic Re-

search Service entitled ‘‘Profits, Costs, and the Changing Structure

of Dairy Farming’’ and published in September 2007.

(b) R

EQUIREMENT

.—In updating the report described in sub-

section (a), the Secretary shall, to the maximum extent practicable,

use the same unit of measurement for reporting the full range of

herd sizes in Table 1 and Table 2 of the report while maintaining

confidentiality of individual producers.

SEC. 7608. AGRICULTURE INNOVATION CENTER DEMONSTRATION

PROGRAM.

Section 6402 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 1632b) is amended—

(1) in subsection (d)(2)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘representatives of each of the following groups’’ and in-

serting ‘‘a diverse group of representatives of public and

private entities, including the following:’’;

(B) in subparagraph (A), by striking ‘‘The 2’’ and in-

serting ‘‘Two’’;

lator,’’ after ‘‘agency,’’; and

(D) by amending subparagraph (C) to read as follows:

‘‘(C) Four entities representing commodities produced

in the State.’’;

(2) in subsection (e)(1), by striking ‘‘subsection (i)’’ and in-

serting ‘‘subsection (g)’’; and

(3) by striking subsections (g), (h), and (i) and inserting the

following new subsection:

‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $15,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 7609. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.

(a) I

ENERAL

.—Section 3(d) of the Smith-Lever Act (7 U.S.C.

343(d)) is amended by adding at the end the following new sentence:

‘‘A 1994 Institution (as defined in section 532 of the Equity in Edu-

cational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public

Law 103–382)) may compete for and receive funds directly from the

Secretary of Agriculture for the Children, Youth, and Families at

Risk funding program and the Federally Recognized Tribes Exten-

sion Program.’’.

(b) C

ONFORMING

MENDMENT

.—Section 533(a)(2)(A) of the Eq-

uity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301

note; Public Law 103–382) is amended by striking clause (ii) and

inserting the following:

‘‘(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), ex-

cept as provided under—

‘‘(I) section 3(b)(3) of that Act (7 U.S.C.

343(b)(3)); or

349

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(II) the third sentence of section 3(d) of that

Act (7 U.S.C. 343(d)); or’’.

SEC. 7610. MECHANIZATION AND AUTOMATION FOR SPECIALTY

CROPS.

(a) I

ENERAL

.—Not later than 180 days after the date of en-

actment of this Act, the Secretary shall conduct a review of the pro-

grams of the Department of Agriculture that affect the production

or processing of specialty crops.

(b) R

EQUIREMENTS

.—The review under subsection (a) shall

identify—

(1) programs that currently are, or previously have been, ef-

fectively used to accelerate the development and use of automa-

tion or mechanization in the production or processing of spe-

cialty crops; and

(2) programs that may be more effectively used to accelerate

the development and use of automation or mechanization in the

production or processing of specialty crops.

TRATEGY

.—With respect to programs identified under sub-

section (b), the Secretary shall develop and implement a strategy to

accelerate the development and use of automation and mechaniza-

tion in the production or processing of specialty crops.

SEC. 7611. EXPERIENCED SERVICES PROGRAM.

Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851)

is amended—

(1) in the section heading, by striking ‘‘

AGRICULTURE CON

SERVATION

’’;

(2) in subsection (a)—

(A) in the first sentence—

(i) by striking ‘‘a conservation’’ and inserting ‘‘an’’;

(ii) by striking ‘‘(in this section referred to as the

‘ACES Program’)’’ and inserting ‘‘(referred to in this

section as the ‘program’)’’; and

(iii) by striking ‘‘provide technical’’ and inserting

the following: ‘‘provide—

‘‘(1) technical’’; and

(B) in paragraph (1) (as so designated)—

(i) by striking ‘‘Secretary. Such technical services

may include’’ and inserting ‘‘Secretary, including’’;

(ii) by striking the period at the end and inserting

‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(2) technical, professional, and administrative services to

support the research, education, and economics mission area of

the Department of Agriculture (including the Agricultural Re-

search Service, the Economic Research Service, the National

Agricultural Library, the National Agricultural Statistics Serv-

ice, the Office of the Chief Scientist, and the National Institute

of Food and Agriculture), including—

‘‘(A) supporting agricultural research and information;

‘‘(B) advancing scientific knowledge relating to agri-

culture;

‘‘(C) enhancing access to agricultural information;

350

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(D) providing statistical information and research re-

sults to farmers, ranchers, agribusiness, and public offi-

cials; and

‘‘(E) assisting research, education, and extension pro-

grams in land-grant colleges and universities (as defined in

section 1404 of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).’’;

(3) by striking ‘‘ACES’’ each place it appears;

(4) by striking ‘‘technical services’’ each place it appears

(other than in subsection (a)) and inserting ‘‘technical, profes-

sional, or administrative services, as applicable,’’; and

(5) in subsection (c)—

(A) in paragraph (1)—

(i) by striking the paragraph heading and insert-

ing ‘‘C

ONSERVATION TECHNICAL SERVICES

.—’’; and

(ii) by inserting ‘‘with respect to subsection (a)(1),’’

before ‘‘the Secretary’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) R

ESEARCH

EDUCATION

AND ECONOMICS SERVICES

.—

With respect to services referred to in subsection (a)(2), the Sec-

retary may carry out the program under the mission area re-

ferred to in such subsection to the extent that funds are specifi-

cally appropriated to provide such services under such mission

area.’’.

SEC. 7612. SIMPLIFIED PLAN OF WORK.

(a) S

MITH

-L

EVER

.—The Smith-Lever Act is amended—

(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking sub-

paragraph (D); and

(2) in section 4(c) (7 U.S.C. 344(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

(7 U.S.C. 361c(i)(2)).

‘‘(4) A description of matching funds provided by the State

with respect to the previous fiscal year.’’.

(b) H

ATCH

.—The Hatch Act of 1887 is amended—

(1) in section 3 (7 U.S.C. 361c)—

(A) by amending subsection (h) to read as follows:

‘‘(h) P

EER

EVIEW

.—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 sat-

isfy the merit review requirements of section 103(e) of the Agricul-

tural Research, Extension, and Education Reform Act of 1998 (7

U.S.C. 7613(e)).’’; and

(B) in subsection (i)(2), by striking subparagraph (D);

and

(2) in section 7(e) (7 U.S.C. 361g(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.

351

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(2) A description of the manner in which the State will

meet the requirements of subsections (c)(3) and (i)(2) of section

‘‘(3) A description of matching funds provided by the State

with respect to the previous fiscal year.’’.

XTENSION AND

ESEARCH AT

1890 I

NSTITUTIONS

.—

(1) E

XTENSION

.—Section 1444(d)(3) of the National Agri-

cultural Research, Extension, and Teaching Policy Act of 1977

(7 U.S.C. 3221(d)(3)) is amended by striking subparagraphs (A)

through (E) and inserting the following new subparagraphs:

‘‘(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.’’.

(2) R

ESEARCH

.—Section 1445(c)(3) of the National Agricul-

tural Research, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3222(c)(3)) is amended by striking subparagraphs (A)

through (E) and inserting the following new subparagraphs:

‘‘(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.’’.

SEC. 7613. REVIEW OF LAND-GRANT TIME AND EFFORT REPORTING RE-

QUIREMENTS.

(a) I

ENERAL

.—The Secretary, in consultation with the Office

of Management and Budget, shall review and revise current report-

ing requirements related to compensation charges, documentation of

personnel expenses, and other requirements that are commonly re-

ferred to as time and effort reporting for entities that receive funds

under a program referred to in clause (iii), (iv), (vii), (viii), or (xii)

of section 251(f)(1)(C) of the Department of Agriculture Reorganiza-

tion Act of 1994 (7 U.S.C. 6971(f)(1)(C)).

(b) R

EVISIONS

.—The Secretary shall ensure that any revision

made pursuant to subsection (a)—

(1) is developed in collaboration with entities described in

subsection (a); and

(2) reduces the amount of paperwork and time required by

the requirements referred to in such subsection, as such require-

ments are in effect on the date of the enactment of this Act.

SEC. 7614. MATCHING FUNDS REQUIREMENT.

(a) R

EPEAL

.—Subtitle P of the National Agricultural Research,

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is re-

pealed.

(b) C

ONFORMING

MENDMENTS

.—

(1) N

ATIONAL AGRICULTURAL RESEARCH

EXTENSION

AND

TEACHING POLICY ACT OF 1977

.—

(A) G

RANTS TO ENHANCE RESEARCH CAPACITY IN

SCHOOLS OF VETERINARY MEDICINE

.—Section 1415(a) of the

National Agricultural Research, Extension, and Teaching

Policy Act of 1977 (7 U.S.C. 3151(a)) is amended—

(i) by striking ‘‘The Secretary’’ and inserting the

following:

‘‘(1) I

N GENERAL

.—The Secretary’’; and

(ii) by adding at the end the following:

352

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(2) M

ATCHING REQUIREMENT

.—A State receiving a grant

under paragraph (1) shall provide State matching funds equal

to not less than the amount of the grant.’’.

(B) A

QUACULTURE ASSISTANCE GRANT PROGRAM

.—Sec-

tion 1475(b) of the National Agricultural Research, Exten-

sion, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is

amended by striking ‘‘The Secretary’’ and all that follows

through the period at the end and inserting the following:

‘‘(1) I

N GENERAL

.—Subject to paragraph (3), the Secretary

may make competitive grants to entities eligible for grants

under paragraph (2) for research and extension to facilitate or

expand promising advances in the production and marketing of

aquacultural food species and products and to enhance the safe-

ty and wholesomeness of those species and products, including

the development of reliable supplies of seed stock and thera-

peutic compounds.

‘‘(2) E

LIGIBLE ENTITIES

.—The Secretary may make a com-

petitive grant under paragraph (1) to—

‘‘(A) a land-grant or seagrant college or university;

‘‘(B) a State agricultural experiment station;

‘‘(C) a college, university, or Federal laboratory having

a demonstrable capacity to conduct aquacultural research,

as determined by the Secretary; or

‘‘(D) a nonprofit private research institution.

‘‘(3) M

ATCHING STATE GRANTS

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), the Secretary shall not make a grant under paragraph

(1) unless the State in which the grant recipient is located

makes a grant to that recipient in an amount equal to not

less than the amount of the grant under paragraph (1) (of

which State amount an in-kind contribution shall not ex-

ceed 50 percent).

‘‘(B) F

EDERAL LABORATORIES

.—Subparagraph (A) shall

not apply to a grant to a Federal laboratory.’’.

ANGELAND RESEARCH

.—Section 1480 of the Na-

tional Agricultural Research, Extension, and Teaching Pol-

icy Act of 1977 (7 U.S.C. 3333) is amended—

(i) by striking ‘‘The Secretary’’ and inserting ‘‘(a) I

ENERAL

.—The Secretary’’; and

(ii) by adding at the end the following new sub-

section:

‘‘(b) M

ATCHING

EQUIREMENTS

.—

‘‘(1) I

N GENERAL

.—Except as provided in paragraph (2),

this grant program shall be based on a matching formula of 50

percent Federal and 50 percent non-Federal funding (including

funding from an agricultural commodity promotion, research,

and information program).

‘‘(2) E

XCEPTION

.—Paragraph (1) shall not apply to a grant

to a Federal laboratory or a grant under subsection (a)(2).’’.

(2) F

OOD

AGRICULTURE

CONSERVATION

AND TRADE ACT OF

1990

.—

(A) F

EDERAL

STATE MATCHING GRANT PROGRAM

.—Sec-

tion 1623(d)(2) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by

striking the second sentence.

353

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

(B) A

GRICULTURAL GENOME INITIATIVE

.—Section 1671

of the Food, Agriculture, Conservation, and Trade Act of

1990 (7 U.S.C. 5924) (as amended by section 7208) is

amended—

(i) by redesignating subsection (f) as subsection (g);

and

(ii) by inserting after subsection (e) the following:

‘‘(f) M

ATCHING

UNDS

EQUIREMENT

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (3), with respect to

a grant or cooperative agreement under this section that pro-

vides a particular benefit to a specific agricultural commodity,

the recipient of funds under the grant or cooperative agreement

shall provide non-Federal matching funds (including funds

from an agricultural commodity promotion, research, and infor-

mation program) equal to not less than the amount provided

under the grant or cooperative agreement.

‘‘(2) I

KIND SUPPORT

.—Non-Federal matching funds de-

scribed in paragraph (1) may include in-kind support.

‘‘(3) W

AIVER

.—The Secretary may waive the matching funds

requirement under paragraph (1) with respect to a research

project if the Secretary determines that—

‘‘(A) the results of the project are of a particular benefit

to a specific agricultural commodity, but those results are

likely to be applicable to agricultural commodities gen-

erally; or

‘‘(B)(i) the project—

‘‘(I) involves a minor commodity; and

‘‘(II) deals with scientifically important research;

and

‘‘(ii) the recipient is unable to satisfy the matching

funds requirement.’’.

IGH

PRIORITY RESEARCH AND EXTENSION INITIA

TIVES

.—Section 1672(a) of the Food, Agriculture, Conserva-

tion, and Trade Act of 1990 (7 U.S.C. 5925(a)) is amend-

ed—

(i) by striking ‘‘The Secretary of Agriculture’’ and

inserting the following:

‘‘(1) I

N GENERAL

.—The Secretary of Agriculture’’;

(ii) in paragraph (1) (as so designated), in the sec-

ond sentence, by striking ‘‘The Secretary shall’’ and in-

serting the following:

‘‘(3) C

ONSULTATION

.—The Secretary shall’’; and

(iii) by inserting after paragraph (1) the following:

‘‘(2) M

ATCHING FUNDS REQUIREMENT

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (C), an en-

tity receiving a grant under paragraph (1) shall provide

non-Federal matching funds (including funds from an agri-

cultural commodity promotion, research, and information

program) equal to not less than the amount of the grant.

‘‘(B) I

KIND SUPPORT

.—Non-Federal matching funds

described in subparagraph (A) may include in-kind sup-

port.

‘‘(C) W

AIVER

.—The Secretary may waive the matching

funds requirement under subparagraph (A) with respect to

a research project if the Secretary determines that—

354

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(i) the results of the project are of a particular

benefit to a specific agricultural commodity, but those

results are likely to be applicable to agricultural com-

modities generally; or

‘‘(ii)(I) the project—

‘‘(aa) involves a minor commodity; and

‘‘(bb) deals with scientifically important re-

search; and

‘‘(II) the recipient is unable to satisfy the matching

funds requirement.’’.

(D) O

RGANIC AGRICULTURE RESEARCH AND EXTENSION

INITIATIVE

.—Section 1672B of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (7 U.S.C. 5925b) (as

amended by section 7210) is amended—

(i) by redesignating subsections (c), (d), and (e) as

subsections (d), (e), and (f), respectively; and

(ii) by inserting after subsection (b) the following:

‘‘(c) M

ATCHING

EQUIREMENT

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (3), an entity re-

ceiving a grant under subsection (a) shall provide non-Federal

matching funds (including funds from an agricultural com-

modity promotion, research, and information program) equal to

not less than the amount of the grant.

‘‘(2) I

KIND SUPPORT

.—Non-Federal matching funds de-

scribed in paragraph (1) may include in-kind support.

‘‘(3) W

AIVER

.—The Secretary may waive the matching funds

requirement under paragraph (1) with respect to a research

project if the Secretary determines that—

‘‘(A) the results of the project are of a particular benefit

to a specific agricultural commodity, but those results are

likely to be applicable to agricultural commodities gen-

erally; or

‘‘(B)(i) the project—

‘‘(I) involves a minor commodity; and

‘‘(II) deals with scientifically important research;

and

‘‘(ii) the recipient is unable to satisfy the matching

funds requirement.’’.

(3) A

GRICULTURAL RESEARCH

EXTENSION

AND EDUCATION

REFORM ACT OF 1998

.—

(A) I

NTEGRATED RESEARCH

EDUCATION

AND EXTEN

SION COMPETITIVE GRANTS PROGRAM

.—Section 406 of the

Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7626) is amended—

(i) by redesignating subsections (d) and (e) as sub-

sections (e) and (f), respectively; and

(ii) by inserting after subsection (c) the following:

‘‘(d) M

ATCHING

UNDS

EQUIREMENT

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (3), with respect to

a grant under this section that provides a particular benefit to

a specific agricultural commodity, the recipient of the grant

shall provide non-Federal matching funds (including funds

from an agricultural commodity promotion, research, and infor-

mation program) equal to not less than the amount of the

grant.

355

O:\RYA\RYA18A18.xml [file 8 of 13] S.L.C.

‘‘(2) I

KIND SUPPORT

.—Non-Federal matching funds de-

scribed in paragraph (1) may include in-kind support.

‘‘(3) W

AIVER

.—The Secretary may waive the matching funds

requirement under paragraph (1) with respect to a grant if the

Secretary determines that—

‘‘(A) the results of the grant are of a particular benefit

to a specific agricultural commodity, but those results are

likely to be applicable to agricultural commodities gen-

erally; or

‘‘(B)(i) the grant—

‘‘(I) involves a minor commodity; and

‘‘(II) deals with scientifically important research;

and

‘‘(ii) the recipient is unable to satisfy the matching

funds requirement.’’.

(B) S

PECIALTY CROP RESEARCH INITIATIVE

.—Section

412(g) of the Agricultural Research, Extension, and Edu-

cation Reform Act of 1998 (7 U.S.C. 7632(g)) is amended—

(i) by redesignating paragraph (3) as paragraph

(4); and

(ii) by inserting after paragraph (2) the following:

‘‘(3) M

ATCHING REQUIREMENT

.—

‘‘(A) I

N GENERAL

.—An entity receiving a grant under

this section shall provide non-Federal matching funds (in-

cluding funds from an agricultural commodity promotion,

research, and information program) equal to not less than

the amount of the grant.

‘‘(B) I

KIND SUPPORT

.—Non-Federal matching funds

described in subparagraph (A) may include in-kind sup-

port.’’.

(4) O

THER LAWS

.—

(A) S

UN GRANT PROGRAM

.—Section 7526(c)(1)(C)(iv) of

the Food, Conservation, and Energy Act of 2008 (7 U.S.C.

8114(c)(1)(C)(iv)) is amended by striking subclause (IV).

(B) A

GRICULTURE AND FOOD RESEARCH INITIATIVE

.—

Subsection (b)(9) of the Competitive, Special, and Facilities

Research Grant Act (7 U.S.C. 3157(b)(9)) is amended—

(i) in subparagraph (A), by striking clause (iii);

(ii) in subparagraph (B)—

(I) in clause (i), by striking ‘‘clauses (ii) and

(iii),’’ and inserting ‘‘clause (ii),’’; and

(II) by striking clause (iii); and

(iii) by adding at the end the following:

‘‘(C) A

PPLIED RESEARCH

.—An entity receiving a grant

under paragraph (5)(B) for applied research that is com-

modity-specific and not of national scope shall provide non-

Federal matching funds equal to not less than the amount

of the grant.’’.

PPLICATION OF

MENDMENTS

.—

(1) A

WARDS MADE AFTER DATE OF ENACTMENT

.—The

amendments made by subsections (a) and (b) shall apply with

respect to grants, cooperative agreements, or other awards de-

scribed in subsection (b) that are made after the date of the en-

actment of this Act.

356

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(2) A

WARDS MADE ON OR BEFORE DATE OF ENACTMENT

.—

Notwithstanding the amendments made by subsections (a) and

(b), a matching funds requirement in effect on the day before

the date of enactment of this Act under a provision of law

amended by subsection (a) or (b) shall continue to apply to a

grant, cooperative agreement, or other award described in sub-

section (b) that is made on or before the date of the enactment

of this Act.

TITLE VIII—FORESTRY

Subtitle A—Cooperative Forestry Assistance

Act of 1978

SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR

FOREST RESOURCES.

Section 2A(f)(1) of the Cooperative Forestry Assistance Act of

1978 (16 U.S.C. 2101a(f)(1)) is amended by striking ‘‘2018’’ and in-

serting ‘‘2023’’.

SEC. 8102. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORA-

TION PROGRAM.

(a) I

ENERAL

.—Section 13A of the Cooperative Forestry As-

sistance Act of 1978 (16 U.S.C. 2109a) is amended to read as fol-

lows:

‘‘SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORA-

TION PROGRAM.

‘‘(a) P

URPOSE

.—The purpose of this section is to encourage col-

laborative, science-based restoration of priority forest landscapes.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) I

NDIAN TRIBE

.—The term ‘Indian tribe’ has the mean-

ing given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 5304).

‘‘(2) N

ONINDUSTRIAL PRIVATE FOREST LAND

.—The term

‘nonindustrial private forest land’ means land that—

‘‘(A) is rural, as determined by the Secretary;

‘‘(B) has existing tree cover or is suitable for growing

trees; and

‘‘(C) is owned by any private individual, group, asso-

ciation, corporation, Indian tribe, or other private legal en-

tity.

‘‘(3) S

TATE FOREST LAND

.—The term ‘State forest land’

means land that—

‘‘(A) is rural, as determined by the Secretary; and

‘‘(B) is under State or local governmental ownership

and considered to be non-Federal forest land.

‘‘(c) E

STABLISHMENT

.—The Secretary, in consultation with State

foresters or appropriate State agencies, shall establish a competitive

grant program to provide financial and technical assistance to en-

courage collaborative, science-based restoration of priority forest

landscapes.

‘‘(d) E

LIGIBILITY

.—To be eligible to receive a grant under this

section, an applicant shall submit to the Secretary, through the

State forester or appropriate State agency, a State and private forest

357

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

landscape-scale restoration proposal based on a restoration strategy

that—

‘‘(1) is complete or substantially complete;

‘‘(2) is for a multiyear period;

‘‘(3) covers nonindustrial private forest land or State forest

land;

‘‘(4) is accessible by wood-processing infrastructure; and

‘‘(5) is based on the best available science.

‘‘(e) P

LAN

RITERIA

.—A State and private forest landscape-scale

restoration proposal submitted under this section shall include

plans—

‘‘(1) to reduce the risk of uncharacteristic wildfires;

‘‘(2) to improve fish and wildlife habitats, including the

habitats of threatened and endangered species;

‘‘(3) to maintain or improve water quality and watershed

function;

‘‘(4) to mitigate invasive species, insect infestation, and dis-

ease;

‘‘(5) to improve important forest ecosystems;

‘‘(6) to measure ecological and economic benefits, including

air quality and soil quality and productivity; and

‘‘(7) to take other relevant actions, as determined by the

Secretary.

‘‘(f) P

RIORITIES

.—In making grants under this section, the Sec-

retary shall give priority to plans that—

‘‘(1) further a statewide forest assessment and resource

strategy;

‘‘(2) promote cross boundary landscape collaboration; and

‘‘(3) leverage public and private resources.

‘‘(g) C

OLLABORATION AND

ONSULTATION

.—The Chief of the

Forest Service, the Chief of the Natural Resources Conservation

Service, and relevant stakeholders shall collaborate and consult on

an ongoing basis regarding—

‘‘(1) administration of the program established under this

section; and

‘‘(2) identification of other applicable resources for land-

scape-scale restoration.

‘‘(h) M

ATCHING

UNDS

EQUIRED

.—As a condition of receiving

a grant under this section, the Secretary shall require the recipient

of the grant to provide funds or in-kind support from non-Federal

sources in an amount that is at least equal to the amount of Federal

funds.

‘‘(i) C

OORDINATION AND

ROXIMITY

NCOURAGED

.—In making

grants under this section, the Secretary may consider coordination

with and proximity to other landscape-scale projects on other land

under the jurisdiction of the Secretary, the Secretary of the Interior,

or a Governor of a State, including under—

‘‘(1) the Collaborative Forest Landscape Restoration Pro-

gram established under section 4003 of the Omnibus Public

Land Management Act of 2009 (16 U.S.C. 7303);

‘‘(2) landscape areas designated for insect and disease

treatments under section 602 of the Healthy Forests Restoration

Act of 2003 (16 U.S.C. 6591a);

‘‘(3) good neighbor authority under section 19;

358

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(4) stewardship end result contracting projects authorized

under section 604 of the Healthy Forests Restoration Act of

2003 (16 U.S.C. 6591c);

‘‘(5) appropriate State-level programs; and

‘‘(6) other relevant programs, as determined by the Sec-

retary.

‘‘(j) R

EGULATIONS

.—The Secretary shall promulgate such regu-

lations as the Secretary determines necessary to carry out this sec-

tion.

‘‘(k) R

EPORT

.—Not later than 3 years after the date of enact-

ment of this section, the Secretary shall submit to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report on—

‘‘(1) the status of development, execution, and administra-

tion of selected projects;

‘‘(2) the accounting of program funding expenditures; and

‘‘(3) specific accomplishments that have resulted from land-

scape-scale projects.

‘‘(l) F

UND

.—

‘‘(1) I

N GENERAL

.—There is established in the Treasury a

fund, to be known as the ‘State and Private Forest Landscape-

Scale Restoration Fund’ (referred to in this subsection as the

‘Fund’), to be used by the Secretary to make grants under this

section.

‘‘(2) C

ONTENTS

.—The Fund shall consist of such amounts

as are appropriated to the Fund under paragraph (3).

‘‘(3) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to the Fund $20,000,000 for each fiscal

year beginning with the first full fiscal year after the date of en-

actment of this subsection through fiscal year 2023, to remain

available until expended.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Section 13B of the Cooperative Forestry Assistance Act

of 1978 (16 U.S.C. 2109b) is repealed.

(2) Section 19(a)(4)(C) of the Cooperative Forestry Assist-

ance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by strik-

ing ‘‘sections 13A and 13B’’ and inserting ‘‘section 13A’’.

Subtitle B—Forest and Rangeland

Renewable Resources Research Act of 1978

SEC. 8201. REPEAL OF RECYCLING RESEARCH.

Section 9 of the Forest and Rangeland Renewable Resources Re-

search Act of 1978 (16 U.S.C. 1648) is repealed.

SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.

Section 10 of the Forest and Rangeland Renewable Resources

Research Act of 1978 (16 U.S.C. 1649) is repealed.

359

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

Subtitle C—Global Climate Change

Prevention Act of 1990

SEC. 8301. REPEALS RELATING TO BIOMASS.

(a) B

IOMASS

NERGY

EMONSTRATION

ROJECTS

.—Section

2410 of the Global Climate Change Prevention Act of 1990 (7 U.S.C.

6708) is repealed.

(b) I

NTERAGENCY

OOPERATION TO

AXIMIZE

IOMASS

ROWTH

.—Section 2411 of the Global Climate Change Prevention

Act of 1990 (7 U.S.C. 6709) is amended in the matter preceding

paragraph (1) by striking ‘‘to—’’ and all that follows through ‘‘such

forests and lands’’ in paragraph (2) and inserting ‘‘to develop a pro-

gram to manage forests and land on Department of Defense military

installations’’.

Subtitle D—Healthy Forests Restoration Act

of 2003

SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.

Section 103 of the Healthy Forests Restoration Act of 2003 (16

U.S.C. 6513) is amended by adding at the end the following:

‘‘(e) C

ROSS

BOUNDARY

AZARDOUS

UEL

EDUCTION

ROJECTS

.—

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) H

AZARDOUS FUEL REDUCTION PROJECT

.—The term

‘hazardous fuel reduction project’ means a hazardous fuel

reduction project described in paragraph (2).

‘‘(B) N

FEDERAL LAND

.—The term ‘non-Federal land’

includes—

‘‘(i) State land;

‘‘(ii) county land;

‘‘(iii) Tribal land;

‘‘(iv) private land; and

‘‘(v) other non-Federal land.

‘‘(2) G

RANTS

.—The Secretary may make grants to State for-

esters to support hazardous fuel reduction projects that incor-

porate treatments in landscapes across ownership boundaries

on Federal and non-Federal land, particularly in areas identi-

fied as priorities in applicable State-wide forest resource assess-

ments or strategies under section 2A(a) of the Cooperative For-

estry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually

agreed to by the State forester and the Regional Forester.

‘‘(3) L

AND TREATMENTS

.—To conduct and fund treatments

for hazardous fuel reduction projects carried out by State for-

esters using grants under paragraph (2), the Secretary may use

the authorities of the Secretary relating to cooperation and tech-

nical and financial assistance, including the good neighbor au-

thority under—

‘‘(A) section 8206 of the Agricultural Act of 2014 (16

U.S.C. 2113a); and

‘‘(B) section 331 of the Department of the Interior and

Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011

note; Public Law 106–291).

360

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(4) C

OOPERATION

.—In carrying out a hazardous fuel re-

duction project using a grant under paragraph (2) on non-Fed-

eral land, the State forester, in consultation with the Sec-

retary—

‘‘(A) shall consult with any applicable owners of the

non-Federal land; and

‘‘(B) shall not implement the hazardous fuel reduction

project on non-Federal land without the consent of the

owner of the non-Federal land.

‘‘(5) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this subsection $20,000,000

for each of fiscal years 2019 through 2023.’’.

SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS

FUEL REDUCTION ON FEDERAL LAND.

Section 108 of the Healthy Forests Restoration Act of 2003 (16

U.S.C. 6518) is amended by striking ‘‘$760,000,000 for each fiscal

year’’ and inserting ‘‘$660,000,000 for each of fiscal years 2019

through 2023’’.

SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT

PROGRAM.

(a) I

ENERAL

.—Section 203 of the Healthy Forests Restora-

tion Act of 2003 (16 U.S.C. 6531) is repealed.

(b) C

ONFORMING

MENDMENT

.—The table of contents for the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Pub-

lic Law 108–148) is amended by striking the item relating to section

203.

SEC. 8404. WATER SOURCE PROTECTION PROGRAM.

(a) I

ENERAL

.—Title III of the Healthy Forests Restoration

Act of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at the

end the following:

‘‘SEC. 303. WATER SOURCE PROTECTION PROGRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

ND WATER USER

.—The term ‘end water user’ means a

non-Federal entity, including—

‘‘(A) a State;

‘‘(B) a political subdivision of a State;

‘‘(C) an Indian tribe;

‘‘(D) a utility;

‘‘(E) a municipal water system;

‘‘(F) an irrigation district;

‘‘(G) a nonprofit organization; and

‘‘(H) a corporation.

‘‘(2) F

OREST MANAGEMENT ACTIVITY

.—The term ‘forest man-

agement activity’ means a project carried out by the Secretary

on National Forest System land.

‘‘(3) F

OREST PLAN

.—The term ‘forest plan’ means a land

management plan prepared by the Forest Service for a unit of

the National Forest System pursuant to section 6 of the Forest

and Rangeland Renewable Resources Planning Act of 1974 (16

U.S.C. 1604).

‘‘(4) N

FEDERAL PARTNER

.—The term ‘non-Federal part-

ner’ means an end water user with whom the Secretary has en-

tered into a partnership agreement under subsection (c)(1).

361

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(5) P

ROGRAM

.—The term ‘Program’ means the Water

Source Protection Program established under subsection (b).

‘‘(6) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of Agriculture, acting through the Chief of the Forest Service.

‘‘(7) W

ATER SOURCE MANAGEMENT PLAN

.—The term ‘water

source management plan’ means the water source management

plan developed under subsection (d)(1).

‘‘(b) E

STABLISHMENT

.—The Secretary shall establish and main-

tain a program, to be known as the ‘Water Source Protection Pro-

gram’, to carry out watershed protection and restoration projects on

National Forest System land.

‘‘(c) W

ATER

OURCE

NVESTMENT

ARTNERSHIPS

.—

‘‘(1) I

N GENERAL

.—In carrying out the Program, the Sec-

retary may enter into water source investment partnership

agreements with end water users to protect and restore the con-

dition of National Forest watersheds that provide water to the

end water users.

‘‘(2) F

ORM

.—A partnership agreement described in para-

graph (1) may take the form of—

‘‘(A) a memorandum of understanding;

‘‘(B) a cost-share or collection agreement;

‘‘(C) a long-term funding matching commitment; or

‘‘(D) another appropriate instrument, as determined by

the Secretary.

‘‘(d) W

ATER

OURCE

ANAGEMENT

LAN

.—

‘‘(1) I

N GENERAL

.—In carrying out the Program, the Sec-

retary, in cooperation with the non-Federal partners and appli-

cable State, local, and Tribal governments, may develop a water

source management plan that describes the proposed implemen-

tation of watershed protection and restoration projects under

the Program.

‘‘(2) R

EQUIREMENT

.—A water source management plan

shall be conducted in a manner consistent with the forest plan

applicable to the National Forest System land on which the wa-

tershed protection and restoration project is carried out.

‘‘(3) E

NVIRONMENTAL ANALYSIS

.—The Secretary may con-

duct a single environmental impact statement or similar anal-

ysis required under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.)—

‘‘(A) for each watershed protection and restoration

project included in the water source management plan; or

‘‘(B) as part of the development of, or after the finaliza-

tion of, the water source management plan.

‘‘(e) F

OREST

ANAGEMENT

CTIVITIES

.—

‘‘(1) I

N GENERAL

.—To the extent that forest management ac-

tivities are necessary to protect, maintain, or enhance water

quality, and in accordance with paragraph (2), the Secretary

shall carry out forest management activities as part of water-

shed protection and restoration projects carried out on National

Forest System land, with the primary purpose of—

‘‘(A) protecting a municipal water supply system;

‘‘(B) restoring forest health from insect infestations and

disease; or

‘‘(C) any combination of the purposes described in sub-

paragraphs (A) and (B).

362

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(2) C

OMPLIANCE

.—The Secretary shall carry out forest

management activities under paragraph (1) in accordance

with—

‘‘(A) this Act;

‘‘(B) the applicable water source management plan;

‘‘(C) the applicable forest plan; and

‘‘(D) other applicable laws.

‘‘(f) E

NDANGERED

PECIES

CT OF

1973.—In carrying out the

Program, the Secretary may use the Manual on Adaptive Manage-

ment of the Department of the Interior, including any associated

guidance, to comply with the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

‘‘(g) F

UNDS AND

ERVICES

.—

‘‘(1) I

N GENERAL

.—In carrying out the Program, the Sec-

retary may accept and use funding, services, and other forms of

investment and assistance from non-Federal partners to imple-

ment the water source management plan.

‘‘(2) M

ATCHING FUNDS REQUIRED

.—The Secretary shall re-

quire the contribution of funds or in-kind support from non-

Federal partners to be in an amount that is at least equal to

the amount of Federal funds.

‘‘(3) M

ANNER OF USE

.—The Secretary may accept and use

investments described in paragraph (1) directly or indirectly

through the National Forest Foundation.

‘‘(4) W

ATER SOURCE PROTECTION FUND

.—

‘‘(A) I

N GENERAL

.—Subject to the availability of appro-

priations, the Secretary may establish a Water Source Pro-

tection Fund to match funds or in-kind support contributed

by non-Federal partners under paragraph (1).

‘‘(B) U

SE OF APPROPRIATED FUNDS

.—There is author-

ized to be appropriated to carry out this section

$10,000,000 for each of fiscal years 2019 through 2023.

‘‘(C) P

ARTNERSHIP AGREEMENTS

.—The Secretary may

make multiyear commitments, if necessary, to implement 1

or more partnership agreements under subsection (c).’’.

(b) C

ONFORMING

MENDMENT

.—The table of contents for the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Pub-

lic Law 108–148) is amended by striking the item relating to section

303 and inserting the following:

‘‘Sec. 303. Water Source Protection Program.’’.

SEC. 8405. WATERSHED CONDITION FRAMEWORK.

(a) I

ENERAL

.—Title III of the Healthy Forests Restoration

Act of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a))

is amended by adding at the end the following:

‘‘SEC. 304. WATERSHED CONDITION FRAMEWORK.

‘‘(a) I

ENERAL

.—The Secretary of Agriculture, acting through

the Chief of the Forest Service (referred to in this section as the ‘Sec-

retary’), may establish and maintain a Watershed Condition Frame-

work for National Forest System land—

‘‘(1) to evaluate and classify the condition of watersheds,

taking into consideration—

‘‘(A) water quality and quantity;

‘‘(B) aquatic habitat and biota;

‘‘(C) riparian and wetland vegetation;

363

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(D) the presence of roads and trails;

‘‘(E) soil type and condition;

‘‘(F) groundwater-dependent ecosystems;

‘‘(G) relevant terrestrial indicators, such as fire regime,

risk of catastrophic fire, forest and rangeland vegetation,

invasive species, and insects and disease; and

‘‘(H) other significant factors, as determined by the Sec-

retary;

‘‘(2) to identify for protection and restoration up to 5 pri-

ority watersheds in each National Forest, and up to 2 priority

watersheds in each national grassland, taking into consider-

ation the impact of the condition of the watershed condition

on—

‘‘(A) wildfire behavior;

‘‘(B) flood risk;

‘‘(C) fish and wildlife;

‘‘(D) drinking water supplies;

‘‘(E) irrigation water supplies;

‘‘(F) forest-dependent communities; and

‘‘(G) other significant impacts, as determined by the

Secretary;

‘‘(3) to develop a watershed protection and restoration ac-

tion plan for each priority watershed that—

‘‘(A) takes into account existing restoration activities

being implemented in the watershed; and

‘‘(B) includes, at a minimum—

‘‘(i) the major stressors responsible for the im-

paired condition of the watershed;

‘‘(ii) a set of essential projects that, once completed,

will address the identified stressors and improve wa-

tershed conditions;

‘‘(iii) a proposed implementation schedule;

‘‘(iv) potential partners and funding sources; and

‘‘(v) a monitoring and evaluation program;

‘‘(4) to prioritize protection and restoration activities for

each watershed restoration action plan;

‘‘(5) to implement each watershed protection and restoration

action plan; and

‘‘(6) to monitor the effectiveness of protection and restora-

tion actions and indicators of watershed health.

‘‘(b) C

OORDINATION

.—In carrying out subsection (a), the Sec-

retary shall—

‘‘(1) coordinate with interested non-Federal landowners and

State, Tribal, and local governments within the relevant water-

shed; and

‘‘(2) provide for an active and ongoing public engagement

process.

‘‘(c) E

MERGENCY

ESIGNATION

.—Notwithstanding paragraph

(2) of subsection (a), the Secretary may identify a watershed as a

priority for rehabilitation in the Watershed Condition Framework

without using the process described in that subsection if a Forest

Supervisor determines that—

‘‘(1) a wildfire has significantly diminished the condition of

the watershed; and

364

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(2) the emergency stabilization activities of the Burned

Area Emergency Response Team are insufficient to return the

watershed to proper function.’’.

(b) C

ONFORMING

MENDMENT

.—The table of contents for the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Pub-

lic Law 108–148) (as amended by section 8404(b)) is amended by in-

serting after the item relating to section 303 the following:

‘‘Sec. 304. Watershed Condition Framework.’’.

SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT

INFESTATIONS AND RELATED DISEASES.

(a) I

ENERAL

.—Section 406 of the Healthy Forests Restora-

tion Act of 2003 (16 U.S.C. 6556) is amended to read as follows:

‘‘SEC. 406. TERMINATION OF EFFECTIVENESS.

‘‘The authority provided by this title terminates effective October

1, 2023.’’.

(b) C

ONFORMING

MENDMENT

.—The table of contents for the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Pub-

lic Law 108–148) is amended by striking the item relating to section

406 and inserting the following:

‘‘Sec. 406. Termination of effectiveness.’’.

SEC. 8407. HEALTHY FORESTS RESTORATION ACT OF 2003 AMEND-

MENTS.

(a) H

EALTHY

ORESTS

ESERVE

ROGRAM

.—

(1) A

DDITIONAL PURPOSE OF PROGRAM

.—Section 501(a) of

the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a))

is amended—

(A) by striking ‘‘and’’ at the end of paragraph (2);

(B) by redesignating paragraph (3) as paragraph (4);

and

paragraph:

‘‘(3) to conserve forest land that provides habitat for species

described in section 502(b); and’’.

(2) E

LIGIBILITY FOR ENROLLMENT

.—Subsection (b) of sec-

tion 502 of the Healthy Forests Restoration Act of 2003 (16

U.S.C. 6572) is amended to read as follows:

‘‘(b) E

LIGIBILITY

.—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 En-

dangered 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 spe-

cies, or a special concern species; or

‘‘(B) is deemed a species of greatest conservation need

by a State wildlife action plan.’’.

(3) O

THER ENROLLMENT CONSIDERATIONS

.—Section 502(c)

of the Healthy Forests Restoration Act of 2003 (16 U.S.C.

6572(c)) is amended—

365

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(A) by striking ‘‘and’’ at the end of paragraph (1);

(B) by redesignating paragraph (2) as paragraph (3);

and

paragraph:

‘‘(2) conserve forest land that provides habitat for species

described in subsection (b); and’’.

(4) E

LIMINATION OF LIMITATION ON USE OF EASEMENTS

.—

Section 502(e) of the Healthy Forests Restoration Act of 2003

(16 U.S.C. 6572(e)) is amended by striking paragraph (2) and

redesignating paragraph (3) as paragraph (2).

(5) E

NROLLMENT OF ACREAGE OWNED BY AN INDIAN

TRIBE

.—Paragraph (2) of section 502(e) of the Healthy Forests

Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated by

paragraph (4)) is amended, in subparagraph (B), by striking

clauses (ii) and (iii) and inserting the following new clauses:

‘‘(ii) a 10-year cost-share agreement;

‘‘(iii) a permanent easement; or

‘‘(iv) any combination of the options described in

clauses (i) through (iii).’’.

(6) E

NROLLMENT PRIORITY

.—Section 502(f)(1)(B) of the

Healthy Forests Restoration Act of 2003 (16 U.S.C.

6572(f)(1)(B)) is amended by striking clause (ii) and inserting

the following:

‘‘(ii)(I) are candidates for such listing, State-listed

species, or special concern species; or

‘‘(II) are deemed a species of greatest conservation

need under a State wildlife action plan.’’.

(7) R

ESTORATION 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) P

RACTICES

.—The restoration plan shall require such res-

toration practices and measures as are necessary to restore and en-

hance habitat for species described in section 502(b), including the

following:

‘‘(1) Land management practices.

‘‘(2) Vegetative treatments.

‘‘(3) Structural practices and measures.

‘‘(4) Practices to increase carbon sequestration.

‘‘(5) Practices to improve biological diversity.

‘‘(6) Other practices and measures.’’.

(8) F

UNDING

.—Section 508(b) of the Healthy Forests Res-

toration Act of 2003 (16 U.S.C. 6578(b)) is amended—

(A) in the subsection heading, by striking ‘‘F

ISCAL

EARS

2014 T

HROUGH

2018’’ and inserting ‘‘A

UTHORIZA

TION OF

PPROPRIATIONS

’’; and

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’.

(9) T

ECHNICAL CORRECTION

.—Section 503(a) of the Healthy

Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended

by striking ‘‘Secretary of Interior’’ and inserting ‘‘Secretary of

the Interior’’.

(b) I

NSECT AND

ISEASE

NFESTATION

.—

(1) T

REATMENT 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

366

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

of, or increase the resilience to, insect or disease infestation in

the areas.’’ and inserting the following: ‘‘subsection (b)—

‘‘(A) to reduce the risk or extent of, or increase the resil-

ience to, insect or disease infestation; or

‘‘(B) to reduce hazardous fuels.’’.

(2) E

XTENSION OF AUTHORITY

.—Section 602(d)(2) of the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2))

is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION

OF TREATMENT AREAS.

Section 602 of the Healthy Forests Restoration Act of 2003 (16

U.S.C. 6591a) is amended by striking subsection (f).

Subtitle E—Repeal or Reauthorization of

Miscellaneous Forestry Programs

SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST IN-

VENTORY AND ANALYSIS.

Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642

note; Public Law 113–79) is repealed.

SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.

Section 1243(d) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) is

amended by striking ‘‘annually’’ and inserting ‘‘for each of fiscal

years 2019 through 2023’’.

SEC. 8503. NATIONAL FOREST FOUNDATION ACT.

(a) M

ATCHING

UNDS

.—Section 405(b) of the National Forest

Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking ‘‘2018’’

and inserting ‘‘2023’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—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. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.

Section 503(f) of the Forest Service Facility Realignment and

Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–

54) is amended by striking ‘‘2016’’ and inserting ‘‘2023’’.

Subtitle F—Forest Management

SEC. 8601. DEFINITION OF NATIONAL FOREST SYSTEM.

In this subtitle, the term ‘‘National Forest System’’ has the

meaning given the term in section 11(a) of the Forest and Range-

land Renewable Resources Planning Act of 1974 (16 U.S.C.

1609(a)).

367

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

PART I—EXPEDITED ENVIRONMENTAL ANAL-

YSIS AND AVAILABILITY OF CATEGORICAL

EXCLUSIONS TO EXPEDITE FOREST MANAGE-

MENT ACTIVITIES

SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE

AND MULE DEER HABITAT.

(a) I

ENERAL

.—Title VI of the Healthy Forests Restoration

Act of 2003 (16 U.S.C. 6591 et seq.) is amended by adding at the

end the following:

‘‘SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE

AND MULE DEER HABITAT.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) C

OVERED VEGETATION MANAGEMENT ACTIVITY

.—

‘‘(A) I

N GENERAL

.—The term ‘covered vegetation man-

agement activity’ means any activity described in subpara-

graph (B) that—

‘‘(i)(I) is carried out on National Forest System

land administered by the Forest Service; or

‘‘(II) is carried out on public land administered by

the Bureau of Land Management;

‘‘(ii) with respect to public land, meets the objec-

tives of the order of the Secretary of the Interior num-

bered 3336 and dated January 5, 2015;

‘‘(iii) conforms to an applicable forest plan or land

use plan;

‘‘(iv) protects, restores, or improves greater sage-

grouse or mule deer habitat in a sagebrush steppe eco-

system as described in—

‘‘(I) Circular 1416 of the United States Geo-

logical Survey entitled ‘Restoration Handbook for

Sagebrush Steppe Ecosystems with Emphasis on

Greater Sage-Grouse Habitat—Part 1. Concepts for

Understanding and Applying Restoration’ (2015);

‘‘(II) the habitat guidelines for mule deer pub-

lished by the Mule Deer Working Group of the

Western Association of Fish and Wildlife Agencies;

‘‘(v) will not permanently impair—

‘‘(I) the natural state of the treated area;

‘‘(II) outstanding opportunities for solitude;

‘‘(III) outstanding opportunities for primitive,

unconfined recreation;

‘‘(IV) economic opportunities consistent with

multiple-use management; or

‘‘(V) the identified values of a unit of the Na-

tional Landscape Conservation System;

‘‘(vi)(I) restores native vegetation following a nat-

ural disturbance;

‘‘(II) prevents the expansion into greater sage-

grouse or mule deer habitat of—

‘‘(aa) juniper, pinyon pine, or other associated

conifers; or

‘‘(bb) nonnative or invasive vegetation;

368

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(III) reduces the risk of loss of greater sage-grouse

or mule deer habitat from wildfire or any other natural

disturbance; or

‘‘(IV) provides emergency stabilization of soil re-

sources after a natural disturbance; and

‘‘(vii) provides for the conduct of restoration treat-

ments that—

‘‘(I) maximize the retention of old-growth and

large trees, as appropriate for the forest type;

‘‘(II) consider the best available scientific infor-

mation to maintain or restore the ecological integ-

rity, including maintaining or restoring structure,

function, composition, and connectivity;

‘‘(III) are developed and implemented through

a collaborative process that—

‘‘(aa) includes multiple interested persons

representing diverse interests; and

‘‘(bb)(AA) is transparent and nonexclusive;

‘‘(BB) meets the requirements for a re-

source advisory committee under subsections

Rural Schools and Community Self-Deter-

mination Act of 2000 (16 U.S.C. 7125); and

‘‘(IV) may include the implementation of a pro-

posal that complies with the eligibility require-

ments of the Collaborative Forest Landscape Res-

toration Program under section 4003(b) of the Om-

nibus Public Land Management Act of 2009 (16

U.S.C. 7303(b)).

‘‘(B) D

ESCRIPTION OF ACTIVITIES

.—An activity referred

to in subparagraph (A) is—

‘‘(i) manual cutting and removal of juniper trees,

pinyon pine trees, other associated conifers, or other

nonnative or invasive vegetation;

‘‘(ii) mechanical mastication, cutting, or mowing,

mechanical piling and burning, chaining, broadcast

burning, or yarding;

‘‘(iii) removal of cheat grass, medusa head rye, or

other nonnative, invasive vegetation;

‘‘(iv) collection and seeding or planting of native

vegetation using a manual, mechanical, or aerial meth-

od;

‘‘(v) seeding of nonnative, noninvasive, ruderal

vegetation only for the purpose of emergency stabiliza-

tion;

‘‘(vi) targeted use of an herbicide, subject to the

condition that the use shall be in accordance with ap-

plicable legal requirements, Federal agency procedures,

and land use plans;

‘‘(vii) targeted livestock grazing to mitigate haz-

ardous fuels and control noxious and invasive weeds;

‘‘(viii) temporary removal of wild horses or burros

in the area in which the activity is being carried out

to ensure treatment objectives are met;

369

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(ix) in coordination with the affected permit hold-

er, modification or adjustment of permissible usage

under an annual plan of use of a grazing permit issued

by the Secretary concerned to achieve restoration treat-

ment objectives;

‘‘(x) installation of new, or modification of existing,

fencing or water sources intended to control use or im-

prove wildlife habitat; or

‘‘(xi) necessary maintenance of, repairs to, rehabili-

tation of, or reconstruction of an existing permanent

road or construction of temporary roads to accomplish

the activities described in this subparagraph.

‘‘(C) E

XCLUSIONS

.—The term ‘covered vegetation man-

agement activity’ does not include—

‘‘(i) any activity conducted in a wilderness area or

wilderness study area;

‘‘(ii) any activity for the construction of a perma-

nent road or permanent trail;

‘‘(iii) any activity conducted on Federal land on

which, by Act of Congress or Presidential proclama-

tion, the removal of vegetation is restricted or prohib-

ited;

‘‘(iv) any activity conducted in an area in which

activities under subparagraph (B) would be incon-

sistent with the applicable land and resource manage-

ment plan; or

‘‘(v) any activity conducted in an inventoried

roadless area.

‘‘(2) S

ECRETARY CONCERNED

.—The term ‘Secretary con-

cerned’ means—

‘‘(A) the Secretary of Agriculture, with respect to Na-

tional Forest System land; and

‘‘(B) the Secretary of the Interior, with respect to public

land.

‘‘(3) T

EMPORARY ROAD

.—The term ‘temporary road’ means

a road that is—

‘‘(A) authorized—

‘‘(i) by a contract, permit, lease, other written au-

thorization; or

‘‘(ii) pursuant to an emergency operation;

‘‘(B) not intended to be part of the permanent transpor-

tation system of a Federal department or agency;

‘‘(C) not necessary for long-term resource management;

‘‘(D) designed in accordance with standards appro-

priate for the intended use of the road, taking into consider-

ation—

‘‘(i) safety;

‘‘(ii) the cost of transportation; and

‘‘(iii) impacts to land and resources; and

‘‘(E) managed to minimize—

‘‘(i) erosion; and

‘‘(ii) the introduction or spread of invasive species.

‘‘(b) C

ATEGORICAL

XCLUSION

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of this section, the Secretary concerned shall develop

370

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

a categorical exclusion (as defined in section 1508.4 of title 40,

Code of Federal Regulations (or a successor regulation)) for cov-

ered vegetation management activities carried out to protect, re-

store, or improve habitat for greater sage-grouse or mule deer.

‘‘(2) A

DMINISTRATION

.—In developing and administering

the categorical exclusion under paragraph (1), the Secretary

concerned shall—

‘‘(A) comply with the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.);

‘‘(B) with respect to National Forest System land, apply

the extraordinary circumstances procedures under section

220.6 of title 36, Code of Federal Regulations (or successor

regulations), in determining whether to use the categorical

exclusion;

‘‘(C) with respect to public land, apply the extraor-

dinary circumstances procedures under section 46.215 of

title 43, Code of Federal Regulations (or successor regula-

tions), in determining whether to use the categorical exclu-

sion; and

‘‘(D) consider—

‘‘(i) the relative efficacy of landscape-scale habitat

projects;

‘‘(ii) the likelihood of continued declines in the pop-

ulations of greater sage-grouse and mule deer in the

absence of landscape-scale vegetation management;

and

‘‘(iii) the need for habitat restoration activities after

wildfire or other natural disturbances.

‘‘(c) I

MPLEMENTATION OF

OVERED

EGETATIVE

ANAGEMENT

CTIVITIES

ITHIN THE

ANGE OF

REATER

AGE

GROUSE AND

ULE

EER

.—If the categorical exclusion developed under sub-

section (b) is used to implement a covered vegetative management

activity in an area within the range of both greater sage-grouse and

mule deer, the covered vegetative management activity shall protect,

restore, or improve habitat concurrently for both greater sage-grouse

and mule deer.

‘‘(d) L

ONG

TERM

ONITORING AND

AINTENANCE

.—Before com-

mencing any covered vegetation management activity that is covered

by the categorical exclusion under subsection (b), the Secretary con-

cerned shall develop a long-term monitoring and maintenance plan,

covering at least the 20-year period beginning on the date of com-

mencement, to ensure that management of the treated area does not

degrade the habitat gains secured by the covered vegetation man-

agement activity.

‘‘(e) D

ISPOSAL OF

EGETATIVE

ATERIAL

.—Subject to applicable

local restrictions, any vegetative material resulting from a covered

vegetation management activity that is covered by the categorical ex-

clusion under subsection (b) may be—

‘‘(1) used for—

‘‘(A) fuel wood; or

‘‘(B) other products; or

‘‘(2) piled or burned, or both.

‘‘(f) T

REATMENT FOR

EMPORARY

OADS

.—

‘‘(1) I

N GENERAL

.—Notwithstanding subsection (a)(1)(B)(xi),

any temporary road constructed in carrying out a covered vege-

371

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

tation management activity that is covered by the categorical

exclusion under subsection (b)—

‘‘(A) shall be used by the Secretary concerned for the

covered vegetation management activity for not more than

2 years; and

‘‘(B) shall be decommissioned by the Secretary con-

cerned not later than 3 years after the earlier of the date

on which—

‘‘(i) the temporary road is no longer needed; and

‘‘(ii) the project is completed.

‘‘(2) R

EQUIREMENT

.—A treatment under paragraph (1)

shall include reestablishing native vegetative cover—

‘‘(A) as soon as practicable; but

‘‘(B) not later than 10 years after the date of completion

of the applicable covered vegetation management activity.

‘‘(g) L

IMITATIONS

.—

‘‘(1) P

ROJECT SIZE

.—A covered vegetation management ac-

tivity that is covered by the categorical exclusion under sub-

section (b) may not exceed 4,500 acres.

‘‘(2) L

OCATION

.—A covered vegetation management activity

carried out on National Forest System land that is covered by

the categorical exclusion under subsection (b) shall be limited

to areas designated under section 602(b), as of the date of enact-

ment of this section.’’.

(b) C

ONFORMING

MENDMENTS

.—The table of contents for the

Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Pub-

lic Law 108–148) is amended by adding at the end of the items re-

lating to title VI the following:

‘‘Sec. 602. Designation of treatment areas.

‘‘Sec. 603. Administrative review.

‘‘Sec. 604. Stewardship end result contracting projects.

‘‘Sec. 605. Wildfire resilience projects.

‘‘Sec. 606. Categorical exclusion for greater sage-grouse and mule deer habitat.’’.

PART II—MISCELLANEOUS FOREST

MANAGEMENT ACTIVITIES

SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF

SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND.

(a) I

NCREASE IN

AXIMUM

ALUE OF

MALL

ARCELS

.—Section

3 of Public Law 97–465 (commonly known as the ‘‘Small Tract Act

of 1983’’) (16 U.S.C. 521e) is amended in the matter preceding para-

graph (1) by striking ‘‘$150,000’’ and inserting ‘‘$500,000’’.

(b) A

DDITIONAL

ONVEYANCE

URPOSES

.—Section 3 of Public

Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is

amended—

(1) in paragraph (2), by striking ‘‘; or’’ and inserting a

semicolon;

(2) in paragraph (3), by striking the period at the end and

inserting a semicolon; and

(3) by adding at the end the following:

‘‘(4) parcels of 40 acres or less that are determined by the

Secretary—

‘‘(A) to be physically isolated from other Federal land;

‘‘(B) to be inaccessible; or

372

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(C) to have lost National Forest character;

‘‘(5) parcels of 10 acres or less that are not eligible for con-

veyance under paragraph (2) but are encroached on by a perma-

nent habitable improvement for which there is no evidence that

the encroachment was intentional or negligent; or

‘‘(6) parcels used as a cemetery (including a parcel of not

more than 1 acre adjacent to the parcel used as a cemetery), a

landfill, or a sewage treatment plant under a special use au-

thorization issued or otherwise authorized by the Secretary.’’.

ISPOSITION OF

ROCEEDS

.—Section 2 of Public Law 97–465

(16 U.S.C. 521d) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘The

Secretary is authorized’’ and inserting the following:

‘‘(a) C

ONVEYANCE

UTHORITY

; C

ONSIDERATION

.—The Secretary

is authorized’’;

(2) in paragraph (2), in the second sentence, by striking

‘‘The Secretary shall insert’’ and inserting the following:

‘‘(b) I

NCLUSION OF

ERMS

, C

OVENANTS

, C

ONDITIONS

AND

ERVATIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall insert’’;

(3) in subsection (b) (as so designated)—

(A) by striking ‘‘convenants’’ and inserting ‘‘covenants’’;

and

(B) in the second sentence by striking ‘‘The preceding

sentence shall not’’ and inserting the following:

‘‘(2) L

IMITATION

.—Paragraph (1) shall not’’; and

(4) by adding at the end the following:

‘‘(c) D

ISPOSITION OF

ROCEEDS

.—

‘‘(1) D

EPOSIT IN SISK FUND

.—The net proceeds derived from

any sale or exchange conducted under paragraph (4), (5), or (6)

of section 3 shall be deposited in the fund established under

Public Law 90–171 (commonly known as the ‘Sisk Act’) (16

U.S.C. 484a).

‘‘(2) U

.—Amounts deposited under paragraph (1) shall be

available to the Secretary until expended for—

‘‘(A) the acquisition of land or interests in land for ad-

ministrative sites for the National Forest System in the

State from which the amounts were derived;

‘‘(B) the acquisition of land or interests in land for in-

clusion in the National Forest System in that State, includ-

ing land or interests in land that enhance opportunities for

recreational access; or

‘‘(C) the reimbursement of the Secretary for costs in-

curred in preparing a sale conducted under the authority

of section 3 if the sale is a competitive sale.’’.

SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.

Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a)

is amended—

(1) by striking ‘‘The Secretary’’ and inserting the following:

‘‘(a) I

ENERAL

.—The Secretary’’; and

(2) by adding at the end the following:

‘‘(b) T

ERMINATION OF

FFECTIVENESS

.—The authority provided

to the Secretary to carry out this section terminates effective October

1, 2023.’’.

373

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.

(a) D

EFINITIONS

.—In this section:

(1) A

DMINISTRATIVE SITE

.—

(A) I

N GENERAL

.—The term ‘‘administrative site’’

means—

(i) any facility or improvement, including

curtilage, that was acquired or is used specifically for

purposes of administration of the National Forest Sys-

tem;

(ii) any Federal land that—

(I) is associated with a facility or improvement

described in clause (i) that was acquired or is used

specifically for purposes of administration of For-

est Service activities; and

(II) underlies or abuts the facility or improve-

ment; and

(iii) for each fiscal year, not more than 10 isolated,

undeveloped parcels of not more than 40 acres each.

(B) E

XCLUSIONS

.—The term ‘‘administrative site’’ does

not include—

(i) any land within a unit of the National Forest

System that is exclusively designated for natural area

or recreational purposes;

(ii) any land within—

(I) a component of the National Wilderness

Preservation System;

(II) a component of the National Wild and

Scenic Rivers System; or

(III) a National Monument; or

(iii) any Federal land that the Secretary deter-

mines—

(I) is needed for resource management pur-

poses or to provide access to other land or water;

(II) would be in the public interest not to lease.

(2) F

ACILITY OR IMPROVEMENT

.—The term ‘‘facility or im-

provement’’ includes—

(A) a forest headquarters;

(B) a ranger station;

(D) a dwelling;

(E) a warehouse;

(F) a scaling station;

(G) a fire-retardant mixing station;

(H) a fire-lookout station;

(I) a guard station;

(J) a storage facility;

(K) a telecommunication facility; and

(L) any other administrative installation for con-

ducting Forest Service activities.

(3) M

ARKET ANALYSIS

.—The term ‘‘market analysis’’ means

the identification and study of the market for a particular eco-

nomic good or service.

374

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(b) A

UTHORIZATION

.—The Secretary may lease an administra-

tive site that is under the jurisdiction of the Secretary in accordance

with this section.

DENTIFICATION OF

LIGIBLE

ITES

.—A regional forester, in

consultation with forest supervisors in the region, may submit to the

Secretary a recommendation for administrative sites in the region

that the regional forester considers eligible for leasing under this

section.

(d) C

ONSULTATION

ITH

OCAL

OVERNMENT AND

UBLIC

TICE

.—Before making an administrative site available for lease

under this section, the Secretary shall—

(1) consult with government officials of the community and

of the State in which the administrative site is located; and

(2) provide public notice of the proposed lease.

(e) L

EASE

EQUIREMENTS

.—

(1) S

IZE

.—An administrative site or compound of adminis-

trative sites under a single lease under this section may not ex-

ceed 40 acres.

(2) C

ONFIGURATION OF ADMINISTRATIVE SITES

.—

(A) I

N GENERAL

.—To facilitate the lease of an adminis-

trative site under this section, the Secretary may configure

the administrative site—

(i) to maximize the marketability of the adminis-

trative site; and

(ii) to achieve management objectives.

(B) S

EPARATE TREATMENT OF FACILITY OR IMPROVE

MENT

.—A facility or improvement on an administrative site

to be leased under this section may be severed from the

land and leased under a separate lease under this section.

(3) C

ONSIDERATION

.—

(A) I

N GENERAL

.—A person to which a lease of an ad-

ministrative site is made under this section shall provide to

the Secretary consideration described in subparagraph (B)

in an amount that is not less than the market value of the

administrative site, as determined in accordance with sub-

paragraph (C).

(B) F

ORM OF CONSIDERATION

.—The consideration re-

ferred to in subparagraph (A) may be—

(i) cash;

(ii) in-kind, including—

(I) the construction of new facilities or im-

provements, the title to which shall be transferred

by the lessee to the Secretary;

(II) the maintenance, repair, improvement, or

restoration of existing facilities or improvements;

and

(III) other services relating to activities that

occur on the administrative site, as determined by

the Secretary; or

(iii) any combination of the consideration described

in clauses (i) and (ii).

ETERMINATION OF MARKET VALUE

.—

(i) I

N GENERAL

.—The Secretary shall determine the

market value of an administrative site to be leased

under this section—

375

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(I) by conducting an appraisal in accordance

with—

(aa) the Uniform Appraisal Standards for

Federal Land Acquisitions established in ac-

cordance with the Uniform Relocation Assist-

ance and Real Property Acquisition Policies

Act of 1970 (42 U.S.C. 4601 et seq.); and

(bb) the Uniform Standards of Profes-

sional Appraisal Practice; or

(II) by competitive lease.

(ii) I

KIND CONSIDERATION

.—The Secretary shall

determine the market value of any in-kind consider-

ation under subparagraph (B)(ii).

(4) C

ONDITIONS

.—The lease of an administrative site under

this section shall be subject to such conditions, including bond-

ing, as the Secretary determines to be appropriate.

(5) R

IGHT OF FIRST REFUSAL

.—Subject to terms and condi-

tions that the Secretary determines to be necessary, the Sec-

retary shall offer to lease an administrative site to the munici-

pality or county in which the administrative site is located be-

fore seeking to lease the administrative site to any other person.

(f) R

ELATION TO

THER

AWS

.—

(1) F

EDERAL PROPERTY DISPOSAL

.—Chapter 5 of title 40,

United States Code, shall not apply to the lease of an adminis-

trative site under this section.

(2) L

EAD

BASED PAINT AND ASBESTOS ABATEMENT

.—

(A) I

N GENERAL

.—Notwithstanding any provision of

law relating to the mitigation or abatement of lead-based

paint or asbestos-containing building materials, the Sec-

retary shall not be required to mitigate or abate lead-based

paint or asbestos-containing building materials with re-

spect to an administrative site to be leased under this sec-

tion.

(B) P

ROCEDURES

.—With respect to an administrative

site to be leased under this section that has lead-based

paint or asbestos-containing building materials, the Sec-

retary shall—

(i) provide notice to the person to which the admin-

istrative site will be leased of the presence of the lead-

based paint or asbestos-containing building material;

and

(ii) obtain written assurance from that person that

the person will comply with applicable Federal, State,

and local laws relating to the management of lead-

based paint and asbestos-containing building mate-

rials.

(3) E

NVIRONMENTAL REVIEW

.—The National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the

lease of an administrative site under this section, except that,

in any environmental review or analysis required under that

Act for the lease of an administrative site under this section, the

Secretary shall be required only—

(A) to analyze the most reasonably foreseeable use of

the administrative site, as determined through a market

analysis;

376

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(B) to determine whether to include any conditions

under subsection (e)(4); and

istrative site in accordance with the National Environ-

mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(4) C

OMPLIANCE WITH LOCAL LAWS

.—A person that leases

an administrative site under this section shall comply with all

applicable State and local zoning laws, building codes, and per-

mit requirements for any construction activities that occur on

the administrative site.

(g) P

ROHIBITION

.—No agency of the Federal Government shall

make any cash payments to a leaseholder relating to the use or oc-

cupancy of any administrative site or facility that has been im-

proved under this section.

(h) C

ONGRESSIONAL

OTIFICATIONS

.—

(1) A

NTICIPATED USE OF AUTHORITY

.—As part of the annual

budget justification documents provided to the Committee on

Appropriations of the House of Representatives and the Com-

mittee on Appropriations of the Senate, the Secretary shall in-

clude—

(A) a list of the anticipated leases to be made, includ-

ing the anticipated revenue that may be obtained, under

this section;

(B) a description of the intended use of any revenue ob-

tained under a lease under this section, including a list of

any projects that cost more than $500,000; and

years using the authority of the Secretary under this sec-

tion.

(2) C

HANGES TO LEASE LIST

.—If the Secretary desires to

lease an administrative site under this section that is not in-

cluded on a list provided under paragraph (1)(A), the Secretary

shall submit to the congressional committees described in para-

graph (3) a notice of the proposed lease, including the antici-

pated revenue that may be obtained from the lease.

(3) U

SE OF AUTHORITY

.—Not less frequently than once each

year, the Secretary shall submit to the Committee on Agri-

culture, the Committee on Appropriations, and the Committee

on Natural Resources of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry, the Com-

mittee on Appropriations, and the Committee on Energy and

Natural Resources of the Senate a report describing each lease

made by the Secretary under this section during the period cov-

ered by the report.

(i) E

XPIRATION OF

UTHORITY

.—

(1) I

N GENERAL

.—The authority of the Secretary to make a

lease of an administrative site under this section expires on Oc-

tober 1, 2023.

(2) E

FFECT ON LEASE AGREEMENT

.—Paragraph (1) shall

not affect the authority of the Secretary to carry out this section

in the case of any lease agreement that was entered into by the

Secretary before October 1, 2023.

SEC. 8624. GOOD NEIGHBOR AUTHORITY.

(a) I

NCLUSION OF

NDIAN

RIBES

.—Section 8206(a) of the Agri-

cultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—

377

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(1) in paragraph (1)(A), by striking ‘‘land and non-Federal

land’’ and inserting ‘‘land, non-Federal land, and land owned

by an Indian tribe’’;

(2) in paragraph (5), by inserting ‘‘or Indian tribe’’ after

‘‘affected State’’;

(3) by redesignating paragraphs (6) through (8) as para-

graphs (7) through (9), respectively; and

(4) by inserting after paragraph (5) (as so redesignated) the

following:

‘‘(6) I

NDIAN TRIBE

.—The term ‘Indian tribe’ has the mean-

ing given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 5304).’’.

(b) I

NCLUSION OF

OUNTIES

.—Section 8206 of the Agricultural

Act of 2014 (16 U.S.C. 2113a) is amended—

(1) in subsection (a)—

(A) in paragraph (1)(B), by inserting ‘‘or county, as ap-

plicable,’’ after ‘‘Governor’’;

(B) by redesignating paragraphs (2) through (9) (as

amended by subsection (a)) as paragraphs (3) through (10),

respectively;

‘‘(2) C

OUNTY

.—The term ‘county’ means—

‘‘(A) the appropriate executive official of an affected

county; or

‘‘(B) in any case in which multiple counties are af-

fected, the appropriate executive official of a compact of the

affected counties.’’; and

(D) in paragraph (5) (as so redesignated), by inserting

‘‘or county, as applicable,’’ after ‘‘Governor’’; and

(2) in subsection (b)—

(A) in paragraph (1)(A), by inserting ‘‘or county’’ after

‘‘Governor’’;

(B) in paragraph (2)(A), by striking ‘‘cooperative agree-

ment or contract entered into under subsection (a)’’ and in-

serting ‘‘good neighbor agreement’’;

‘‘Governor’’; and

(D) by adding at the end the following:

‘‘(4) R

ECEIPTS

.—Notwithstanding any other provision of

law, any payment made by a county to the Secretary under a

project conducted under a good neighbor agreement shall not be

considered to be monies received from National Forest System

land or Bureau of Land Management land, as applicable.’’.

REATMENT OF

EVENUE

ROM

IMBER

ALE

ONTRACTS

.—

Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C.

2113a(b)(2)) is amended by adding at the end the following:

‘‘(C) T

REATMENT OF REVENUE

.—

‘‘(i) I

N GENERAL

.—Funds received from the sale of

timber by a Governor of a State under a good neighbor

agreement shall be retained and used by the Gov-

ernor—

‘‘(I) to carry out authorized restoration services

on Federal land under the good neighbor agree-

ment; and

378

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(II) if there are funds remaining after car-

rying out subclause (I), to carry out authorized res-

toration services on Federal land within the State

under other good neighbor agreements.

‘‘(ii) T

ERMINATION OF EFFECTIVENESS

.—The au-

thority provided by this subparagraph terminates effec-

tive October 1, 2023.’’.

SEC. 8625. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND AD-

JUSTMENT.

(a) F

INDINGS

.—Congress finds that—

(1) certain National Forest System land in the State of

Georgia consists of isolated tracts that are inefficient to manage

or have lost their principal value for National Forest purposes;

(2) the disposal of that National Forest System land would

be in the public interest; and

(3) proceeds from the sale of National Forest System land

under subsection (b)(1) would be used best by the Forest Service

to purchase land for National Forest purposes in the State of

Georgia.

(b) L

AND

ONVEYANCE

UTHORITY

.—

(1) I

N GENERAL

.—Under such terms and conditions as the

Secretary may prescribe, the Secretary may sell or exchange any

or all rights, title, and interest of the United States in and to

the National Forest System land described in paragraph (2)(A).

(2) L

AND AUTHORIZED FOR DISPOSAL

.—

(A) I

N GENERAL

.—The National Forest System land re-

ferred to in paragraph (1) is the 30 tracts of land totaling

approximately 3,841 acres that are generally depicted on

the 2 maps entitled ‘‘Priority Land Adjustments, State of

Georgia, U.S. Forest Service–Southern Region, Oconee and

Chattahoochee National Forests, U.S. Congressional Dis-

tricts–8, 9, 10 & 14’’ and dated September 24, 2013.

(B) M

APS

.—The maps described in subparagraph (A)

shall be on file and available for public inspection in the

Office of the Forest Supervisor, Chattahoochee-Oconee Na-

tional Forest, until such time as the land is sold or ex-

changed.

ODIFICATION OF BOUNDARIES

.—The Secretary

may modify the boundaries of the National Forest System

land described in subparagraph (A) based on land manage-

ment considerations.

(3) F

ORM OF CONVEYANCE

.—

(A) Q

UITCLAIM DEED

.—The Secretary shall convey Na-

tional Forest System land sold or exchanged under para-

graph (1) by quitclaim deed.

(B) R

ESERVATIONS

.—The Secretary may reserve any

rights-of-way or other rights or interests in National Forest

System land sold or exchanged under paragraph (1) that

the Secretary considers necessary for management purposes

or to protect the public interest.

(4) V

ALUATION

.—

(A) M

ARKET VALUE

.—The Secretary may not sell or ex-

change National Forest System land under paragraph (1)

for less than market value, as determined by appraisal or

through competitive bid.

379

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(B) A

PPRAISAL REQUIREMENTS

.—Any appraisal under

subparagraph (A) shall be—

(i) consistent with the Uniform Appraisal Stand-

ards for Federal Land Acquisitions or the Uniform

Standards of Professional Appraisal Practice; and

(ii) subject to the approval of the Secretary.

(5) C

ONSIDERATION

.—

(A) C

ASH

.—Consideration for a sale of National Forest

System land or equalization of an exchange under para-

graph (1) shall be paid in cash.

(B) E

XCHANGE

.—Notwithstanding section 206(b) of the

Federal Land Policy and Management Act of 1976 (43

U.S.C. 1716(b)), the Secretary may accept a cash equali-

zation payment in excess of 25 percent of the value of any

National Forest System land exchanged under paragraph

(1).

(6) M

ETHOD OF SALE

.—

(A) O

PTIONS

.—The Secretary may sell National Forest

System land under paragraph (1) at public or private sale,

including competitive sale by auction, bid, or otherwise, in

accordance with such terms, conditions, and procedures as

the Secretary determines are in the best interest of the

United States.

(B) S

OLICITATIONS

.—The Secretary may—

(i) make public or private solicitations for the sale

or exchange of National Forest System land under

paragraph (1); and

(ii) reject any offer that the Secretary determines is

not adequate or not in the public interest.

(7) B

ROKERS

.—The Secretary may—

(A) use brokers or other third parties in the sale or ex-

change of National Forest System land under paragraph

(1); and

(B) from the proceeds of a sale, pay reasonable commis-

sions or fees.

REATMENT OF

ROCEEDS

.—

(1) D

EPOSIT

.—Subject to subsection (b)(7)(B), the Secretary

shall deposit the proceeds of a sale or a cash equalization pay-

ment received from the sale or exchange of National Forest Sys-

tem land under subsection (b)(1) in the fund established under

Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16

U.S.C. 484a).

(2) A

VAILABILITY

.—Subject to paragraph (3), amounts de-

posited under paragraph (1) shall be available to the Secretary

until expended, without further appropriation, for the acquisi-

tion of land for National Forest purposes in the State of Geor-

gia.

(3) P

RIVATE PROPERTY PROTECTION

.—Nothing in this sec-

tion authorizes the use of funds deposited under paragraph (1)

to be used to acquire land without the written consent of the

owner of the land.

SEC. 8626. TENNESSEE WILDERNESS.

(a) D

EFINITIONS

.—In this section:

380

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(1) M

.—The term ‘‘Map’’ means the map entitled ‘‘Pro-

posed Wilderness Areas and Additions-Cherokee National For-

est’’ and dated January 20, 2010.

(2) S

TATE

.—The term ‘‘State’’ means the State of Tennessee.

(b) A

DDITIONS TO

HEROKEE

ATIONAL

OREST

.—

(1) D

ESIGNATION OF WILDERNESS

.—In accordance with the

Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of

Federal land in the Cherokee National Forest in the State are

designated as wilderness and as additions to the National Wil-

derness Preservation System:

(A) Certain land comprising approximately 9,038 acres,

as generally depicted as the ‘‘Upper Bald River Wilderness’’

on the Map and which shall be known as the ‘‘Upper Bald

River Wilderness’’.

(B) Certain land comprising approximately 348 acres,

as generally depicted as the ‘‘Big Frog Addition’’ on the

Map and which shall be incorporated in, and shall be con-

sidered to be a part of, the Big Frog Wilderness.

as generally depicted as the ‘‘Little Frog Mountain Addition

NW’’ on the Map and which shall be incorporated in, and

shall be considered to be a part of, the Little Frog Moun-

tain Wilderness.

(D) Certain land comprising approximately 336 acres,

as generally depicted as the ‘‘Little Frog Mountain Addition

NE’’ on the Map and which shall be incorporated in, and

shall be considered to be a part of, the Little Frog Moun-

tain Wilderness.

(E) Certain land comprising approximately 2,922

acres, as generally depicted as the ‘‘Sampson Mountain Ad-

dition’’ on the Map and which shall be incorporated in, and

shall be considered to be a part of, the Sampson Mountain

Wilderness.

(F) Certain land comprising approximately 4,446 acres,

as generally depicted as the ‘‘Big Laurel Branch Addition’’

on the Map and which shall be incorporated in, and shall

be considered to be a part of, the Big Laurel Branch Wil-

derness.

(G) Certain land comprising approximately 1,836

acres, as generally depicted as the ‘‘Joyce Kilmer-Slickrock

Addition’’ on the Map and which shall be incorporated in,

and shall be considered to be a part of, the Joyce Kilmer-

Slickrock Wilderness.

(2) M

APS AND LEGAL DESCRIPTIONS

.—

(A) I

N GENERAL

.—As soon as practicable after the date

of enactment of this Act, the Secretary shall file maps and

legal descriptions of the wilderness areas designated by

paragraph (1) with the appropriate committees of Congress.

(B) P

UBLIC AVAILABILITY

.—The maps and legal de-

scriptions filed under subparagraph (A) shall be on file and

available for public inspection in the office of the Chief of

the Forest Service and the office of the Supervisor of the

Cherokee National Forest.

ORCE OF LAW

.—The maps and legal descriptions

filed under subparagraph (A) shall have the same force and

381

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

effect as if included in this Act, except that the Secretary

may correct typographical errors in the maps and descrip-

tions.

(3) A

DMINISTRATION

.—

(A) I

N GENERAL

.—Subject to valid existing rights, the

Federal land designated as wilderness by paragraph (1)

shall be administered by the Secretary in accordance with

the Wilderness Act (16 U.S.C. 1131 et seq.), except that any

reference in that Act to the effective date of that Act shall

be deemed to be a reference to the date of enactment of this

Act.

(B) F

ISH AND WILDLIFE MANAGEMENT

.—In accordance

with section 4(d)(7) of the Wilderness Act (16 U.S.C.

1133(d)(7)), nothing in this section affects the jurisdiction

of the State with respect to fish and wildlife management,

including the regulation of hunting, fishing, and trapping,

in the wilderness areas designated by paragraph (1).

SEC. 8627. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.

(a) F

INDING

.—Congress finds that it is in the public interest to

authorize the conveyance of certain Federal land in the Kisatchie

National Forest in the State of Louisiana for market value consider-

ation.

(b) D

EFINITIONS

.—In this section:

(1) C

OLLINS CAMP PROPERTIES

.—The term ‘‘Collins Camp

Properties’’ means Collins Camp Properties, Inc., a corporation

incorporated under the laws of the State.

(2) S

TATE

.—The term ‘‘State’’ means the State of Louisiana.

UTHORIZATION OF

ONVEYANCES

, K

ISATCHIE

ATIONAL

OREST

, L

OUISIANA

.—

(1) A

UTHORIZATION

.—

(A) I

N GENERAL

.—Subject to valid existing rights and

paragraph (2), the Secretary may convey the Federal land

described in subparagraph (B) by quitclaim deed at public

or private sale, including competitive sale by auction, bid,

or other methods.

(B) D

ESCRIPTION OF LAND

.—The Federal land referred

to in subparagraph (A) consists of—

(i) all Federal land within sec. 9, T. 10 N., R. 5

W., Winn Parish, Louisiana; and

(ii) a 2.16-acre parcel of Federal land located in

the SW

⁄

of sec. 4, T. 10 N., R. 5 W., Winn Parish,

Louisiana, as depicted on a certificate of survey dated

March 7, 2007, by Glen L. Cannon, P.L.S. 4436.

(2) F

IRST RIGHT OF PURCHASE

.—Subject to valid existing

rights and subsection (e), during the 1-year period beginning on

the date of enactment of this Act, on the provision of consider-

ation by the Collins Camp Properties to the Secretary, the Sec-

retary shall convey, by quitclaim deed, to Collins Camp Prop-

erties all right, title, and interest of the United States in and

to—

(A) the not more than 47.92 acres of Federal land com-

prising the Collins Campsites within sec. 9, T. 10 N., R. 5

W., in Winn Parish, Louisiana, as generally depicted on a

certificate of survey dated February 28, 2007, by Glen L.

Cannon, P.L.S. 4436; and

382

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(B) the parcel of Federal land described in paragraph

(1)(B)(ii).

(3) T

ERMS AND CONDITIONS

.—The Secretary may—

(A) configure the Federal land to be conveyed under

this section—

(i) to maximize the marketability of the convey-

ance; or

(ii) to achieve management objectives; and

(B) establish any terms and conditions for the convey-

ances under this section that the Secretary determines to be

in the public interest.

(4) C

ONSIDERATION

.—Consideration for a conveyance of

Federal land under this section shall be—

(A) in the form of cash; and

(B) in an amount equal to the market value of the Fed-

eral land being conveyed, as determined under paragraph

(5).

(5) M

ARKET VALUE

.—The market value of the Federal land

conveyed under this section shall be determined—

(A) in the case of Federal land conveyed under para-

graph (2), by an appraisal that is—

(i) conducted in accordance with the Uniform Ap-

praisal Standards for Federal Land Acquisitions; and

(ii) approved by the Secretary; or

(B) if conveyed by a method other than the methods de-

scribed in paragraph (2), by competitive sale.

(6) H

AZARDOUS SUBSTANCES

.—

(A) I

N GENERAL

.—In any conveyance of Federal land

under this section, the Secretary shall meet disclosure re-

quirements for hazardous substances, but shall otherwise

not be required to remediate or abate the substances.

(B) E

FFECT

.—Except as provided in subparagraph (A),

nothing in this subsection affects the application of the

Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the

conveyances of Federal land.

(d) P

ROCEEDS

ROM THE

ALE OF

AND

.—The Secretary shall

deposit the proceeds of a conveyance of Federal land under sub-

section (c) in the fund established under Public Law 90–171 (com-

monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

(e) A

DMINISTRATION

.—

(1) C

OSTS

.—As a condition of a conveyance of Federal land

to Collins Camp Properties under subsection (c), the Secretary

shall require Collins Camp Properties to pay at closing—

(A) reasonable appraisal costs; and

(B) the cost of any administrative and environmental

analyses required by law (including regulations).

(2) P

ERMITS

.—

(A) I

N GENERAL

.—An offer by Collins Camp Properties

for the acquisition of the Federal land under subsection (c)

shall be accompanied by a written statement from each

holder of a Forest Service special use authorization with re-

spect to the Federal land that specifies that the holder

agrees to relinquish the special use authorization on the

conveyance of the Federal land to Collins Camp Properties.

383

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(B) S

PECIAL USE AUTHORIZATIONS

.—If any holder of a

special use authorization described in subparagraph (A)

fails to provide a written authorization in accordance with

that subparagraph, the Secretary shall require, as a condi-

tion of the conveyance, that Collins Camp Properties ad-

minister the special use authorization according to the

terms of the special use authorization until the date on

which the special use authorization expires.

SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION SERV-

ICE PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.

(a) F

INDINGS

.—Congress finds as follows:

(1) Since 1935, the United States has owned a parcel of

land in Riverside, California, consisting of approximately 8.75

acres, more specifically described in subsection (b)(1) (in this

section referred to as the ‘‘property’’).

(2) The property is under the jurisdiction of the Department

of Agriculture and has been variously used for research and

plant materials purposes.

(3) Since 1998, the property has been administered by the

Natural Resources Conservation Service of the Department of

Agriculture.

(4) Since 2002, the property has been co-managed under a

cooperative agreement between the Natural Resources Conserva-

tion Service and the Riverside Corona Resource Conservation

District, which is a legal subdivision of the State of California

under section 9003 of the California Public Resources Code.

(5) The Conservation District wishes to purchase the prop-

erty and use it for conservation, environmental, and related

educational purposes.

(6) As provided in subsection (b), the purchase of the prop-

erty by the Conservation District would promote the conserva-

tion education and related activities of the Conservation Dis-

trict and result in savings to the Federal Government.

(b) L

AND

URCHASE

, N

ATURAL

ESOURCES

ONSERVATION

ERVICE

ROPERTY

, R

IVERSIDE

OUNTY

, C

ALIFORNIA

.—

(1) P

URCHASE AUTHORIZED

.—The Secretary shall sell and

quitclaim to the Riverside Corona Resource Conservation Dis-

trict (in this section referred to as the ‘‘Conservation District’’)

all right, title, and interest of the United States in and to a par-

cel of real property, including improvements thereon, that is lo-

cated at 4500 Glenwood Drive in Riverside, California, consists

of approximately 8.75 acres, and is administered by the Natural

Resources Conservation Service of the Department of Agri-

culture. As necessary or desirable to facilitate the purchase of

the property under this subsection, the Secretary or the Con-

servation District may survey all or portions of the property.

(2) C

ONSIDERATION

.—As consideration for the purchase of

the property under this subsection, the Conservation District

shall pay to the Secretary an amount equal to the appraised

value of the property.

(3) P

ROHIBITION ON RESERVATION OF INTEREST

.—The Sec-

retary shall not reserve any future interest in the property to be

conveyed under this subsection, except such interest as may be

acceptable to the Conservation District.

384

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(4) H

AZARDOUS SUBSTANCES

.—Notwithstanding section

120(h) of the Comprehensive Environmental Response, Com-

pensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the

Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the case

of the property purchased by the Conservation District under

this subsection, the Secretary shall be only required to meet the

disclosure requirements for hazardous substances, pollutants,

or contaminants, but shall otherwise not be required to reme-

diate or abate any such releases of hazardous substances, pol-

lutants, or contaminants, including petroleum and petroleum

derivatives.

(5) C

OOPERATIVE AUTHORITY

.—

(A) L

EASES

CONTRACTS

AND COOPERATIVE AGREE

MENTS AUTHORIZED

.—In conjunction with, or in addition

to, the purchase of the property by the Conservation District

under this subsection, the Secretary may enter into leases,

contracts and cooperative agreements with the Conservation

District.

(B) S

OLE SOURCE

.—Notwithstanding sections 3105,

3301, and 3303 to 3305 of title 41, United States Code, or

any other provision of law, the Secretary may lease real

property from the Conservation District on a noncompeti-

tive basis.

EXCLUSIVE AUTHORITY

.—The authority pro-

vided by this subsection is in addition to any other author-

ity of the Secretary.

SEC. 8629. COLLABORATIVE FOREST LANDSCAPE RESTORATION PRO-

GRAM.

(a) W

AIVER

UTHORITY

.—Section 4003(d) of the Omnibus Pub-

lic Land Management Act of 2009 (16 U.S.C. 7303(d)) is amended

by adding at the end the following:

‘‘(4) W

AIVER

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), after

consulting with the advisory panel established under sub-

section (e), if the Secretary determines that a proposal that

has been selected under paragraph (1) and is being carried

out continues to meet the eligibility criteria established by

subsection (b), the Secretary, on a case-by-case basis, may

issue for the proposal a 1-time extension of the 10-year pe-

riod requirement under paragraph (1)(B) of that subsection.

‘‘(B) L

IMITATION

.—The extension described in subpara-

graph (A)—

‘‘(i) shall be for the shortest period of time prac-

ticable to complete implementation of the proposal, as

determined by the Secretary; and

‘‘(ii) shall not exceed 10 years.’’.

(b) W

AIVER

IMITATION

.—Section 4003(f)(4) of the Omnibus

Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is

amended by adding at the end the following:

‘‘(C) E

XCEPTION

.—The limitation described in subpara-

graph (B)(i) shall not apply to a proposal for which a 1-

time extension is granted under subsection (d)(4).’’.

EAUTHORIZATION

.—Section 4003(f)(6) of the Omnibus Pub-

lic Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended

by striking ‘‘$40,000,000 for each of fiscal years 2009 through 2019’’

385

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

and inserting ‘‘$80,000,000 for each of fiscal years 2019 through

2023’’.

(d) R

EPORTING

EQUIREMENTS

.—Section 4003(h) of the Omni-

bus Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is

amended—

(1) in paragraph (3), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (4), by striking the period at the end and

inserting ‘‘; and’’;

(3) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively;

(4) by inserting after paragraph (2) the following:

‘‘(3) the Committee on Agriculture, Nutrition, and Forestry

of the Senate;’’; and

(5) by adding at the end the following:

‘‘(6) the Committee on Agriculture of the House of Rep-

resentatives.’’.

SEC. 8630. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION

MANAGEMENT PILOT PROGRAM.

(a) D

EFINITIONS

.—In this section:

(1) N

ATIONAL FOREST SYSTEM LAND

.—

(A) I

N GENERAL

.—The term ‘‘National Forest System

land’’ means land within the National Forest System, as

defined in section 11(a) of the Forest and Rangeland Re-

newable Resources Planning Act of 1974 (16 U.S.C.

1609(a)).

(B) E

XCLUSIONS

.—The term ‘‘National Forest System

land’’ does not include—

(i) a National Grassland; or

(ii) a land utilization project on land designated as

a National Grassland and administered pursuant to

sections 31, 32, and 33 of the Bankhead-Jones Farm

Tenant Act (7 U.S.C. 1010, 1011, 1012).

(2) P

ASSING WILDFIRE

.—The term ‘‘passing wildfire’’ means

a wildfire that originates outside of a right-of-way.

(3) P

ILOT PROGRAM

.—The term ‘‘pilot program’’ means the

pilot program established by the Secretary under subsection (b).

(4) R

IGHT

WAY

.—The term ‘‘right-of-way’’ means a spe-

cial use authorization issued by the Forest Service allowing the

placement of utility infrastructure.

(5) U

TILITY INFRASTRUCTURE

.—The term ‘‘utility infrastruc-

ture’’ means electric transmission lines, natural gas infrastruc-

ture, or related structures.

(b) E

STABLISHMENT

.—

(1) I

N GENERAL

.—To encourage owners or operators of

rights-of-way on National Forest System land to partner with

the Forest Service to voluntarily conduct vegetation manage-

ment projects on a proactive basis to better protect utility infra-

structure from potential passing wildfires, the Secretary may es-

tablish a limited, voluntary pilot program, in the manner de-

scribed in this section, to conduct vegetation management

projects on National Forest System land adjacent to those

rights-of-way.

(2) A

PPLICATION

.—The pilot program shall not apply in a

right-of-way described in paragraph (1).

LIGIBLE

ARTICIPANTS

.—

386

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(1) I

N GENERAL

.—A participant in the pilot program shall

be the owner or operator of a right-of-way on National Forest

System land.

(2) S

ELECTION PRIORITY

.—In selecting participants for the

pilot program, the Secretary shall give priority to an owner or

operator of a right-of-way that has developed the utility infra-

structure protection prescriptions of the owner or operator in co-

ordination with Forest Service fire scientists or fire managers.

(d) V

EGETATION

ANAGEMENT

ROJECTS

.—

(1) I

N GENERAL

.—A vegetation management project con-

ducted under the pilot program shall involve only limited vege-

tation management activities that—

(A) shall create the least ground disturbance and least

disturbance to wildlife reasonably necessary to protect util-

ity infrastructure from passing wildfires based on applica-

ble models, including Forest Service fuel models;

(B) may include thinning and treatment of surface

fuels, ladder fuels, and activity fuels to create or maintain

shaded fuel breaks or other appropriate measures rec-

ommended by Forest Service fire scientists or fire man-

agers;

(C)(i) shall only be conducted on National Forest Sys-

tem land; and

(ii) shall not—

(I) extend for more than 150 feet from the electric

transmission line for which the applicable participant

has a right-of-way; or

(II) comprise an overall width, for both sides of

that electric transmission line, that totals more than

200 feet; and

(D) shall not be conducted on—

(i) a component of the National Wilderness Preser-

vation System;

(ii) a designated wilderness study area;

(iii) an inventoried roadless area; or

(iv) Federal land on which, by Act of Congress or

Presidential proclamation, the removal of vegetation is

restricted or prohibited.

(2) A

PPROVAL

.—Each vegetation management project de-

scribed in paragraph (1) shall be subject to approval by the For-

est Service in accordance with this section.

(3) F

IRE PREVENTION

.—In carrying out a vegetation man-

agement project under the pilot program, a participant shall

adhere to—

(A) Forest Service regulations relating to spark arrest-

ing devices;

(B) Forest Service regulations limiting and prohibiting

certain activities conducted by contractors in an area,

based on weather conditions and fire danger;

removing vegetation on National Forest System land pursu-

ant to a timber sale or stewardship contract, including reg-

ulations relating to—

(i) protection of residual trees and timber damaged

by contractors;

387

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(ii) protection measures needed for plants, ani-

mals, cultural resources, and cave resources;

(iii) streamcourse protection and erosion control;

(iv) fire plans, precautions, and precautionary pe-

riods;

(v) fire suppression costs; and

(vi) employment of eligible workers; and

(D) State regulations relating to the prevention of

wildfires and contractors removing vegetation.

(4) T

REATMENT OF SLASH

.—In carrying out a vegetation

management project under the pilot program, a participant

shall treat any activity fuels in a manner that—

(A) is satisfactory to the Forest Service;

(B) does not result in a fire hazard; and

(e) P

ROJECT

OSTS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2) and

subsection (f)(2), a participant in the pilot program shall be re-

sponsible for all costs, as determined by the Secretary, incurred

in participating in the pilot program.

(2) F

EDERAL FUNDING

.—The Secretary may contribute

funds for a vegetation management project conducted under the

pilot program if the Secretary determines that the contribution

is in the public interest.

(f) L

IABILITY

.—

(1) A

CTIVITIES WITHIN RIGHTS

WAY

.—Participation in

the pilot program shall not affect any legal obligations or liabil-

ity standards that arise under the right-of-way for activities in

the right-of-way.

(2) W

ILDFIRES

.—

(A) O

PERATIONS FIRES

.—

(i) I

N GENERAL

.—With respect to fire suppression

costs for a wildfire caused by the operations of a partic-

ipant in the pilot program (other than an operation or

activity of a participant described in subparagraph (B)

or (C)), the participant shall reimburse the Forest Serv-

ice for those costs, subject to a maximum dollar

amount to which the Forest Service and the participant

shall agree prior to the commencement of the project.

(ii) C

REDIT FOR ACTIONS BY PARTICIPANTS

.—

(I) I

N GENERAL

.—If a participant in the pilot

program provides actions, supplies, or equipment

for use to suppress a wildfire described in clause

(i) or at the request of the Forest Service, the cost

of those actions, supplies, or equipment shall be

credited toward the maximum dollar amount de-

scribed in that clause.

(II) R

EIMBURSEMENT

.—If the actual cost of a

participant described in subclause (I) exceeds the

maximum dollar amount described in clause (i),

the Forest Service shall reimburse the participant

for the excess.

(B) N

EGLIGENT FIRES

.—

(i) I

N GENERAL

.—Subject to clause (ii), if a wildfire

is caused by the negligence of a participant in the pilot

388

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

program, or an agent of the participant, including a

wildfire caused by smoking by persons engaged in the

operations of the participant, the participant shall bear

the cost of damages to Forest Service resources and the

fire suppression costs resulting from the wildfire.

(ii) L

IMITATION

.—Except as provided in clause (iii),

the costs borne by a participant under clause (i) shall

not exceed $500,000.

(iii) F

AILURE TO COMPLY

.—If the start or spread of

a wildfire described in clause (i) is caused by the fail-

ure of the participant to comply with specific safety re-

quirements expressly imposed by the Forest Service as

a condition of conducting a vegetation management

project under the pilot program or by this section, the

participant shall bear the cost of damages to Forest

Service resources and the fire suppression costs result-

ing from the wildfire.

XCEPTIONS

.—This paragraph shall not apply in

the case of a wildfire caused by the felling of a tree by a

participant in the pilot program, or an agent of the partici-

pant, onto an electric transmission line.

(3) E

FFECT

.—Nothing in this subsection relieves a partici-

pant in the pilot program of any liabilities to which the partici-

pant is subject—

(A) under State laws; or

(B) with regard to damages to property other than For-

est Service property.

(g) I

MPLEMENTATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (3), the

Secretary shall use the authority of the Secretary under other

laws (including regulations) to carry out the pilot program.

(2) C

OMPLIANCE WITH EXISTING LAWS

.—Except as provided

in paragraph (3), a vegetation management project under the

pilot program shall be—

(A) consistent with the applicable land management

plan for the area in which the project is located; and

(B) carried out in accordance with all applicable laws,

including the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.).

(3) M

ODIFICATION OF REGULATIONS

.—In order to implement

the pilot program in an efficient and expeditious manner, the

Secretary may waive or modify specific provisions of the Fed-

eral Acquisition Regulation, including waivers or modifications

to allow for the formation of contracts or agreements on a non-

competitive basis.

(h) T

REATMENT OF

ROCEEDS

.—Notwithstanding any other pro-

vision of law, the Secretary may—

(1) retain any funds provided to the Forest Service by a

participant in the pilot program; and

(2) use funds retained under paragraph (1), in such

amounts as may be appropriated, to carry out the pilot pro-

gram.

(i) R

EPORT TO

ONGRESS

.—Not later than December 31, 2020,

and 2 years thereafter, the Secretary shall submit a report describ-

389

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

ing the status of the pilot program and vegetation management

projects conducted under the pilot program to—

(1) the Committees on Agriculture, Nutrition, and Forestry

and Energy and Natural Resources of the Senate; and

(2) the Committees on Agriculture and Natural Resources

of the House of Representatives.

(j) D

URATION

.—The authority to carry out the pilot program, in-

cluding any vegetation management project conducted under the

pilot program, expires on October 1, 2023.

SEC. 8631. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND

CONVEYANCE.

(a) D

EFINITION OF

LLIANCE

.—In this section, the term ‘‘Alli-

ance’’ means the Scenic Rivers Development Alliance.

(b) R

EQUEST

.—Subject to the requirements of this section, if the

Alliance submits a written request for conveyance by not later than

180 days after the date of enactment of this Act and the Secretary

determines that it is in the public interest to convey the National

Forest System Land described in subsection (c), the Secretary shall

convey to the Alliance all right, title, and interest of the United

States in and to the National Forest System land described in sub-

section (c) by quitclaim deed through a public or private sale, in-

cluding a competitive sale by auction or bid.

ESCRIPTION OF

ATIONAL

OREST

YSTEM

AND

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the National

Forest System land referred to in subsection (b) is the approxi-

mately 150 acres of real property located in sec. 6, T. 5 N. R.

4 E., Franklin County, Mississippi, and further described as—

(A) the portion of the NW

⁄

lying south of the

south boundary of Berrytown Road;

(B) the portion of the W

⁄

lying south of

the south boundary of Berrytown Road;

⁄

lying east of the east

boundary of U.S. Highway 98;

(D) the W

⁄

;

(E) the portion of the NW

⁄

lying east of the east

boundary of U.S. Highway 98;

(F) the portion of the NE

⁄

commencing at the

southwest corner of the NE

⁄

, said point being the

point of beginning, thence running east 330 feet along the

south boundary of the NE

⁄

to a point in Lake

Okhissa, thence running northeasterly to a point in Lake

Okhissa on the east boundary of the NE

⁄

330 feet

south of the northeast corner thereof, thence running north

330 feet along the east boundary of the NE

⁄

to the

northeast corner thereof, thence running west along the

north boundary of the NE

⁄

to the NW corner there-

of; thence running south along the west boundary of the

⁄

to the point of beginning; and

(G) the portion of the SE

⁄

commencing at

the southeast corner of the SE

⁄

, said point being

the point of beginning, and running northwesterly to the

northwest corner of the SE

⁄

SE1⁄

⁄

, thence running

south along the west boundary of the SE

⁄

the southwest corner thereof, thence running east along the

390

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

south boundary of the SE

⁄

to the point of be-

ginning.

(2) S

URVEY

.—The exact acreage and legal description of the

National Forest System land to be conveyed under this section

shall be determined by a survey satisfactory to the Secretary.

(d) C

ONSIDERATION

.—

(1) I

N GENERAL

.—The consideration for the conveyance of

any National Forest System land under this section shall be—

(A) provided in the form of cash; and

(B) in an amount equal to the fair market value of the

National Forest System land being conveyed, as determined

under paragraph (2).

(2) F

AIR MARKET VALUE DETERMINATION

.—The fair market

value of the National Forest System land conveyed under this

section shall be determined—

(A) in the case of a method of conveyance described in

subsection (b), by an appraisal that is—

(i) conducted in accordance with the Uniform Ap-

praisal Standards for Federal Land Acquisitions; and

(ii) approved by the Secretary; or

(B) in the case of a conveyance by a method other than

a method described in subsection (b), by competitive sale.

(e) T

ERMS AND

ONDITIONS

.—The conveyance under this section

shall be subject to—

(1) valid existing rights; and

(2) such other terms and conditions as the Secretary con-

siders to be appropriate to protect the interests of the United

States.

(f) P

ROCEEDS

ROM

ALE

.—The Secretary shall deposit the pro-

ceeds of the conveyance of any National Forest System land under

this section in the fund established under Public Law 90–171 (com-

monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

(g) C

OSTS

.—As a condition for the conveyance under this sec-

tion, the Secretary shall require the Alliance to pay at closing—

(1) any reasonable appraisal costs; and

(2) the costs of any administrative or environmental anal-

ysis required by applicable law (including regulations).

SEC. 8632. REMOTE SENSING TECHNOLOGIES.

The Chief of the Forest Service shall—

(1) continue to find efficiencies in the operations of the for-

est inventory and analysis program under section 3(e) of the

Forest and Rangeland Renewable Resources Research Act of

1978 (16 U.S.C. 1642(e)) through the improved use and integra-

tion of advanced remote sensing technologies to provide esti-

mates for State- and national-level inventories, where appro-

priate; and

(2) partner with States and other interested stakeholders to

carry out the program described in paragraph (1).

PART III—TIMBER INNOVATION

SEC. 8641. DEFINITIONS.

In this part:

391

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(1) I

NNOVATIVE WOOD PRODUCT

.—The term ‘‘innovative

wood product’’ means a type of building component or system

that uses large panelized wood construction, including mass

timber.

(2) M

ASS TIMBER

.—The term ‘‘mass timber’’ includes—

(A) cross-laminated timber;

(B) nail laminated timber;

(D) laminated strand lumber; and

(E) laminated veneer lumber.

(3) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary,

acting through the Research and Development deputy area and

the State and Private Forestry deputy area of the Forest Serv-

ice.

(4) T

ALL WOOD BUILDING

.—The term ‘‘tall wood building’’

means a building designed to be—

(A) constructed with mass timber; and

(B) more than 85 feet in height.

SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PRO-

GRAM FOR WOOD BUILDING CONSTRUCTION.

(a) I

ENERAL

.—The Secretary shall conduct performance-

driven research and development, education, and technical assist-

ance for the purpose of facilitating the use of innovative wood prod-

ucts in wood building construction in the United States.

(b) A

CTIVITIES

.—In carrying out subsection (a), the Secretary

shall—

(1) after receipt of input and guidance from, and collabora-

tion with, the wood products industry, conservation organiza-

tions, and institutions of higher education, conduct research

and development, education, and technical assistance at the

Forest Products Laboratory or through the State and Private

Forestry deputy area that meets measurable performance goals

for the achievement of the priorities described in subsection (c);

and

(2) after coordination and collaboration with the wood

products industry and conservation organizations, make com-

petitive grants to institutions of higher education to conduct re-

search and development, education, and technical assistance

that meets measurable performance goals for the achievement of

the priorities described in subsection (c).

RIORITIES

.—The research and development, education, and

technical assistance conducted under subsection (a) shall give pri-

ority to—

(1) ways to improve the commercialization of innovative

wood products;

(2) analyzing the safety of tall wood building materials;

(3) calculations by the Forest Products Laboratory of the

lifecycle environmental footprint, from extraction of raw mate-

rials through the manufacturing process, of tall wood building

construction;

(4) analyzing methods to reduce the lifecycle environmental

footprint of tall wood building construction;

(5) analyzing the potential implications of the use of inno-

vative wood products in building construction on wildlife; and

392

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(6) 1 or more other research areas identified by the Sec-

retary, in consultation with conservation organizations, institu-

tions of higher education, and the wood products industry.

(d) T

IMEFRAME

.—To the maximum extent practicable, the meas-

urable performance goals for the research and development, edu-

cation, and technical assistance conducted under subsection (a)

shall be achievable within a 5-year timeframe.

SEC. 8643. WOOD INNOVATION GRANT PROGRAM.

(a) D

EFINITIONS

.—In this section:

(1) E

LIGIBLE ENTITY

.—The term ‘‘eligible entity’’ means—

(A) an individual;

(B) a public or private entity (including a center of ex-

cellence that consists of 1 or more partnerships between for-

estry, engineering, architecture, or business schools at 1 or

more institutions of higher education); or

(2) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary,

acting through the Chief of the Forest Service.

(b) G

RANT

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary, in carrying out the wood

innovation grant program of the Secretary described in the no-

tice of the Secretary entitled ‘‘Request for Proposals: 2016 Wood

Innovations Funding Opportunity’’ (80 Fed. Reg. 63498 (Octo-

ber 20, 2015)), may make a wood innovation grant to 1 or more

eligible entities each year for the purpose of advancing the use

of innovative wood products.

(2) P

ROPOSALS

.—To be eligible to receive a grant under this

subsection, an eligible entity shall submit to the Secretary a

proposal at such time, in such manner, and containing such in-

formation as the Secretary may require.

NCENTIVIZING

SE OF

XISTING

ILLING

APACITY

.—In se-

lecting among proposals of eligible entities under subsection (b)(2),

the Secretary shall give priority to proposals that include the use or

retrofitting (or both) of existing sawmill facilities located in counties

in which the average annual unemployment rate exceeded the na-

tional average unemployment rate by more than 1 percent in the

previous calendar year.

(d) M

ATCHING

EQUIREMENT

.—As a condition of receiving a

grant under subsection (b), an eligible entity shall provide funds

equal to the amount received by the eligible entity under the grant,

to be derived from non-Federal sources.

SEC. 8644. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PRO-

GRAM.

Section 9013 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8113) is amended to read as follows:

‘‘SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PRO-

GRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) C

OMMUNITY WOOD ENERGY SYSTEM

.—

‘‘(A) I

N GENERAL

.—The term ‘community wood energy

system’ means an energy system that—

‘‘(i) produces thermal energy or combined thermal

energy and electricity where thermal is the primary en-

ergy output;

393

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(ii) services public facilities owned or operated by

State or local governments (including schools, town

halls, libraries, and other public buildings) or private

or nonprofit facilities (including commercial and busi-

ness facilities, such as hospitals, office buildings,

apartment buildings, and manufacturing and indus-

trial buildings); and

‘‘(iii) uses woody biomass, including residuals—

‘‘(I) that have not been adulterated with glue

or other chemical treatments from wood processing

facilities, as the primary fuel; and

‘‘(II) for which the use of that biomass for en-

ergy production does not cause conversion of for-

ests to nonforest use.

‘‘(B) I

NCLUSIONS

.—The term ‘community wood energy

system’ includes single-facility central heating, district

heating systems serving multiple buildings, combined heat

and electric systems where thermal energy is the primary

energy output, and other related biomass energy systems.

‘‘(2) I

NNOVATIVE WOOD PRODUCT FACILITY

.—The term ‘inno-

vative wood product facility’ means a manufacturing or proc-

essing plant or mill that produces—

‘‘(A) building components or systems that use large

panelized wood construction, including mass timber;

‘‘(B) wood products derived from nanotechnology or

other new technology processes, as determined by the Sec-

retary; or

‘‘(C) other innovative wood products that use low-value,

low-quality wood, as determined by the Secretary.

‘‘(3) M

ASS TIMBER

.—The term ‘mass timber’ includes—

‘‘(A) cross-laminated timber;

‘‘(B) nail-laminated timber;

‘‘(C) glue-laminated timber;

‘‘(D) laminated strand lumber; and

‘‘(E) laminated veneer lumber.

‘‘(4) P

ROGRAM

.—The term ‘Program’ means the Community

Wood Energy and Wood Innovation Program established under

subsection (b).

‘‘(b) C

OMPETITIVE

RANT

ROGRAM

.—The Secretary, acting

through the Chief of the Forest Service, shall establish a competitive

grant program to be known as the ‘Community Wood Energy and

Wood Innovation Program’.

‘‘(c) M

ATCHING

RANTS

.—

‘‘(1) I

N GENERAL

.—Under the Program, the Secretary shall

make grants to cover not more than 35 percent of the capital

cost for installing a community wood energy system or building

an innovative wood product facility.

‘‘(2) S

PECIAL CIRCUMSTANCES

.—The Secretary may estab-

lish special circumstances, such as in the case of a community

wood energy system project or innovative wood product facility

project involving a school or hospital in a low-income commu-

nity, under which grants under the Program may cover up to

50 percent of the capital cost.

394

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(3) S

OURCE OF MATCHING FUNDS

.—Matching funds re-

quired pursuant to this subsection from a grant recipient shall

be derived from non-Federal funds.

‘‘(d) P

ROJECT

.—The total amount of grants under the Pro-

gram for a community wood energy system project or innovative

wood product facility project may not exceed—

‘‘(1) in the case of grants under the general authority pro-

vided under subsection (c)(1), $1,000,000; and

‘‘(2) in the case of grants for which the special cir-

cumstances apply under subsection (c)(2), $1,500,000.

‘‘(e) S

ELECTION

RITERIA

.—In selecting applicants for grants

under the Program, the Secretary shall consider the following:

‘‘(1) The energy efficiency of the proposed community wood

energy system or innovative wood product facility.

‘‘(2) The cost effectiveness of the proposed community wood

energy system or innovative wood product facility.

‘‘(3) The extent to which the proposed community wood en-

ergy system or innovative wood product facility represents the

best available commercial technology.

‘‘(4) The extent to which the proposed community wood en-

ergy system uses the most stringent control technology that has

been required or achieved in practice for a wood-fired boiler of

similar size and type.

‘‘(5)(A) The extent to which the proposed community wood

energy system will displace conventional fossil fuel generation.

‘‘(B) Whether the proposed community wood energy system

minimizes emission increases to the greatest extent possible.

‘‘(6) The extent to which the proposed community wood en-

ergy system will increase delivered thermal efficiency of the sys-

tems replaced.

‘‘(7) The extent to which the applicant has demonstrated a

high likelihood of project success by completing detailed engi-

neering and design work in advance of the grant application.

‘‘(8) Other technical, economic, conservation, and environ-

mental criteria that the Secretary considers appropriate.

‘‘(f) G

RANT

RIORITIES

.—In selecting applicants for grants

under the Program, the Secretary shall give priority to proposals

that use the most stringent control technology that has been re-

quired or achieved in practice for a wood-fired boiler and—

‘‘(1) would be carried out in a location where markets are

needed for the low-value, low-quality wood;

‘‘(2) would be carried out in a location with limited access

to natural gas pipelines;

‘‘(3) would include the use or retrofitting (or both) of exist-

ing sawmill facilities located in a location where the average

annual unemployment rate exceeded the national average un-

employment rate by more than 1 percent during the previous

calendar year; or

‘‘(4) would be carried out in a location where the project

will aid with forest restoration.

‘‘(g) L

IMITATIONS

.—

‘‘(1) C

APACITY OF COMMUNITY WOOD ENERGY SYSTEMS

.—A

community wood energy system acquired with grant funds

under the Program shall not exceed nameplate capacity of 5

395

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

megawatts of thermal energy or combined thermal and electric

energy.

‘‘(2) F

UNDING FOR INNOVATIVE WOOD PRODUCT FACILI

TIES

.—Not more than 25 percent of funds provided as grants

under the Program for a fiscal year may go to applicants pro-

posing innovative wood product facilities, unless the Secretary

has received an insufficient number of qualified proposals for

community wood energy systems.

‘‘(h) F

UNDING

.—There is authorized to be appropriated to carry

out the Program $25,000,000 for each of fiscal years 2019 through

2023.’’.

Subtitle G—Other Matters

SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES.

Section 2371(d)(2) of the Food, Agriculture, Conservation, and

Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking

‘‘2018’’ and inserting ‘‘2023’’.

SEC. 8702. RESOURCE ADVISORY COMMITTEES.

Section 205 of the Secure Rural Schools and Community Self-

Determination Act of 2000 (16 U.S.C. 7125) is amended—

(1) in subsection (d)—

(A) in paragraph (1), by striking ‘‘Each’’ and inserting

‘‘Except as provided in paragraph (6), each’’;

(B) in paragraph (2), in the matter preceding subpara-

graph (A), by striking ‘‘Committee’’ and inserting ‘‘Except as

provided in paragraph (6), committee’’; and

‘‘(6) C

OMMITTEE COMPOSITION WAIVER AUTHORITY

.—

‘‘(A) N

OTICE

.—On notice from the applicable regional

forester that an adequate number of qualified candidates

are not interested or available to serve on a resource advi-

sory committee, the Secretary concerned shall publish a no-

tice in the Federal Register seeking candidates for the re-

source advisory committee.

‘‘(B) M

ODIFICATION OF MEMBERSHIP REQUIREMENTS

.—

If, by the date that is 30 days after the date of publication

of notice under subparagraph (A), an inadequate number of

qualified candidates have applied to serve on a resource

advisory committee, the Secretary concerned may reduce—

‘‘(i) the membership requirement under paragraph

(1) to not fewer than 9; and

‘‘(ii) the membership requirements under subpara-

graphs (A), (B), and (C) of paragraph (2) to 3 in each

category described in that paragraph, except that

where a vacancy exists on a resource advisory com-

mittee, the Secretary concerned may not reject a quali-

fied applicant from any category.

‘‘(C) T

ERMINATION OF AUTHORITY

.—The authority pro-

vided under this paragraph terminates on October 1,

2023.’’; and

(2) by adding at the end the following:

‘‘(g) R

EGIONAL

PPOINTMENT

ILOT

ROGRAM

.—

396

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

‘‘(1) D

EFINITION OF APPLICABLE DESIGNEE

.—In this sub-

section, the term ‘applicable designee’ means the applicable re-

gional forester.

‘‘(2) P

ILOT PROGRAM

.—The Secretary concerned shall carry

out a pilot program (referred to in this subsection as the ‘pilot

program’) to allow an applicable designee to appoint members

of resource advisory committees.

‘‘(3) G

EOGRAPHIC LIMITATION

.—The pilot program shall

only apply to resource advisory committees chartered in—

‘‘(A) the State of Montana; and

‘‘(B) the State of Arizona.

‘‘(4) R

ESPONSIBILITIES OF APPLICABLE DESIGNEE

.—

‘‘(A) R

EVIEW

.—Before appointing a member of a re-

source advisory committee under the pilot program, an ap-

plicable designee shall conduct the review and analysis

that would otherwise be conducted for an appointment to a

resource advisory committee if the pilot program was not in

effect, including any review and analysis with respect to

civil rights and budgetary requirements.

‘‘(B) S

AVINGS CLAUSE

.—Nothing in this subsection re-

lieves an applicable designee from any requirement devel-

oped by the Secretary concerned for making an appoint-

ment to a resource advisory committee that is in effect on

the date of enactment of this subsection, including any re-

quirement for advertising a vacancy.

‘‘(5) T

ERMINATION OF EFFECTIVENESS

.—The authority pro-

vided under this subsection terminates on October 1, 2023.

‘‘(6) R

EPORT TO CONGRESS

.—Not later than the date that is

180 days after the date described in paragraph (5), the Sec-

retary concerned shall submit to Congress a report that in-

cludes—

‘‘(A) with respect to appointments made under the pilot

program compared to appointments to resource advisory

committees not made under the pilot program, a descrip-

tion of the extent to which—

‘‘(i) appointments were faster or slower; and

‘‘(ii) the requirements described in paragraph (4)

differ; and

‘‘(B) a recommendation with respect to whether Con-

gress should terminate, continue, modify, or expand the

pilot program.’’.

SEC. 8703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

(a) I

ENERAL

.—The Secretary of the Interior and the Sec-

retary may carry out demonstration projects by which federally rec-

ognized Indian Tribes or Tribal organizations may contract to per-

form administrative, management, and other functions of programs

of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.)

through contracts entered into under the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 5304 et seq.).

(b) R

EQUIREMENTS

.—With respect to any contract or project car-

ried out under subsection (a)—

(1) on National Forest System land, the Secretary shall

carry out all functions delegated to the Secretary of the Interior

under the Indian Self-Determination and Education Assistance

Act (25 U.S.C. 5304 et seq.);

397

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(2) the Secretary or the Secretary of the Interior, as applica-

ble, shall make any decisions required to be made under—

(A) the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.); and

(B) the Tribal Forest Protection Act of 2004 (25 U.S.C.

3115a et seq.); and

(3) the contract or project shall be entered into under, and

in accordance with, section 403(b)(2) of the Indian Self-Deter-

mination and Education Assistance Act (25 U.S.C. 5363(b)(2)).

SEC. 8704. TECHNICAL CORRECTIONS.

(a) W

ILDFIRE

UPPRESSION

UNDING AND

OREST

ANAGE

MENT

CTIVITIES

.—

(1) I

N GENERAL

.—The Wildfire Suppression Funding and

Forest Management Activities Act (Public Law 115–141) is

amended—

(A) in section 102(a)(2), by striking ‘‘the date of enact-

ment’’ and inserting ‘‘the date of the enactment’’; and

(B) in section 401(a)(1), by inserting ‘‘of 2000’’ after

‘‘Self-Determination Act’’.

(2) E

FFECTIVE DATE

.—The amendments made by para-

graph (1) shall take effect as if enacted as part of the Wildfire

Suppression Funding and Forest Management Activities Act

(Public Law 115–141).

(b) A

GRICULTURAL

CT OF

2014.—Section 8206(a) of the Agri-

cultural Act of 2014 (16 U.S.C. 2113a(a)) (as amended by section

8624(b)) is amended—

(1) in paragraph (4)(B)(i)(II), by striking ‘‘Good Neighbor

Authority Improvement Act’’ and inserting ‘‘Wildfire Suppres-

sion Funding and Forest Management Activities Act’’; and

(2) in paragraph (8), by striking ‘‘Good Neighbor Authority

Improvement Act’’ and inserting ‘‘Wildfire Suppression Funding

and Forest Management Activities Act’’.

SEC. 8705. STREAMLINING THE FOREST SERVICE PROCESS FOR CON-

SIDERATION OF COMMUNICATIONS FACILITY LOCATION

APPLICATIONS.

(a) D

EFINITIONS

.—In this section:

(1) C

OMMUNICATIONS FACILITY

.—The term ‘‘communica-

tions facility’’ includes—

(A) any infrastructure, including any transmitting de-

vice, tower, or support structure, and any equipment,

switches, wiring, cabling, power sources, shelters, or cabi-

nets, associated with the licensed or permitted unlicensed

wireless or wireline transmission of writings, signs, signals,

data, images, pictures, and sounds of all kinds; and

(B) any antenna or apparatus that—

(i) is designed for the purpose of emitting radio fre-

quency;

(ii) is designed to be operated, or is operating, from

a fixed location pursuant to authorization by the Fed-

eral Communications Commission or is using duly au-

thorized devices that do not require individual licenses;

and

(iii) is added to a tower, building, or other struc-

ture.

398

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(2) C

OMMUNICATIONS SITE

.—The term ‘‘communications

site’’ means an area of covered land designated for communica-

tions uses.

(3) C

OMMUNICATIONS USE

.—The term ‘‘communications

use’’ means the placement and operation of a communications

facility.

(4) C

OMMUNICATIONS USE AUTHORIZATION

.—The term

‘‘communications use authorization’’ means an easement, right-

of-way, lease, license, or other authorization to locate or modify

a communications facility on covered land by the Forest Service

for the primary purpose of authorizing the occupancy and use

of the covered land for communications use.

(5) C

OVERED LAND

.—The term ‘‘covered land’’ means Na-

tional Forest System land.

(6) F

OREST SERVICE

.—The term ‘‘Forest Service’’ means the

United States Forest Service of the Department of Agriculture.

(7) O

RGANIZATIONAL UNIT

.—The term ‘‘organizational unit’’

means, within the Forest Service—

(A) a regional office;

(B) the headquarters;

(D) a ranger district office.

(b) R

EGULATIONS

.—Notwithstanding section 6409 of the Middle

Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) or

section 606 of the Repack Airwaves Yielding Better Access for Users

of Modern Services Act of 2018 (Public Law 115–141), not later

than 1 year after the date of enactment of this Act, the Secretary

shall issue regulations—

(1) to streamline the process for considering applications to

locate or modify communications facilities on covered land;

(2) to ensure, to the maximum extent practicable, that the

process is uniform and standardized across the organizational

units of the Forest Service; and

(3) to require that the applications described in paragraph

(1) be considered and granted on a competitively neutral, tech-

nology neutral, and non-discriminatory basis.

EQUIREMENTS

.—The regulations issued under subsection

(b) shall include the following:

(1) Procedures for the tracking of applications described in

subsection (b)(1), including—

(A) identifying the number of applications—

(i) received;

(ii) approved; and

(iii) denied;

(B) in the case of an application that is denied, describ-

ing the reasons for the denial; and

of an application and the issuance of a final decision on an

application.

(2) Provision for minimum lease terms of not less than 15

years for leases with respect to the location of communications

facilities on covered land.

(3) A structure of fees for—

399

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(A) submitting an application described in subsection

(b)(1), based on the cost to the Forest Service of considering

such an application; and

(B) issuing communications use authorizations, based

on the cost to the Forest Service of any maintenance or

other activities required to be performed by the Forest Serv-

ice as a result of the location or modification of the commu-

nications facility.

(4) Provision for prioritization or streamlining of the con-

sideration of applications to locate or modify communications

facilities on covered land in a previously disturbed right-of-way.

(d) A

DDITIONAL

ONSIDERATIONS

.—In issuing regulations

under subsection (b), the Secretary shall consider—

(1) how discrete reviews in considering an application de-

scribed in subsection (b)(1) can be conducted simultaneously,

rather than sequentially, by any organizational units of the

Forest Service that must approve the location or modification;

and

(2) how to eliminate overlapping requirements among the

organizational units of the Forest Service with respect to the lo-

cation or modification of a communications facility on covered

land administered by those organizational units.

(e) C

OMMUNICATION OF

TREAMLINED

ROCESS TO

RGANIZA

TIONAL

NITS

.—The Secretary shall, with respect to the regulations

issued under subsection (b)—

(1) communicate the regulations to the organizational units

of the Forest Service; and

(2) ensure that the organizational units of the Forest Serv-

ice follow the regulations.

(f) D

EPOSIT AND

VAILABILITY OF

EES

.—

(1) S

PECIAL ACCOUNT

.—The Secretary of the Treasury shall

establish a special account in the Treasury for the Forest Serv-

ice for the deposit of fees collected by the Forest Service under

subsection (c)(3) for communications use authorizations on cov-

ered land granted, issued, or executed by the Forest Service.

(2) R

EQUIREMENTS FOR FEES COLLECTED

.—Fees collected by

the Forest Service under subsection (c)(3) shall be—

(A) based on the costs described in subsection (c)(3);

and

(B) competitively neutral, technology neutral, and non-

discriminatory with respect to other users of the commu-

nications site.

(3) D

EPOSIT OF FEES

.—Fees collected by the Forest Service

under subsection (c)(3) shall be deposited in the special account

established for the Forest Service under paragraph (1).

(4) A

VAILABILITY OF FEES

.—Amounts deposited in the spe-

cial account for the Forest Service shall be available, to the ex-

tent and in such amounts as are provided in advance in appro-

priation Acts, to the Secretary to cover costs incurred by the

Forest Service described in subsection (c)(3), including the fol-

lowing:

(A) Preparing needs assessments or other pro-

grammatic analyses necessary to designate communications

sites and issue communications use authorizations.

400

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(B) Developing management plans for communications

sites.

(D) Obtaining or improving access to communications

sites.

(5) N

O ADDITIONAL APPROPRIATIONS AUTHORIZED

.—Except

as provided in paragraph (4), no other amounts are authorized

to be appropriated to carry out this section.

(g) S

AVINGS

ROVISIONS

.—

(1) R

EAL PROPERTY AUTHORITIES

.—Nothing in this section,

or the amendments made by this section, shall be construed as

providing any executive agency with any new leasing or other

real property authorities not existing prior to the date of enact-

ment of this Act.

(2) E

FFECT ON OTHER LAWS

.—Nothing in this section, or

the amendments made by this section, and no actions taken

pursuant to this section, or the amendments made by this sec-

tion, shall impact a decision or determination by any executive

agency to sell, dispose of, declare excess or surplus, lease, reuse,

or redevelop any Federal real property pursuant to title 40,

United States Code, the Federal Assets Sale and Transfer Act

of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or any

other law governing real property activities of the Federal Gov-

ernment. No agreement entered into pursuant to this section, or

the amendments made by this section, may obligate the Federal

Government to hold, control, or otherwise retain or use real

property that may otherwise be deemed as excess, surplus, or

that could otherwise be sold, leased, or redeveloped.

SEC. 8706. REPORT ON WILDFIRE, INSECT INFESTATION, AND DISEASE

PREVENTION ON FEDERAL LAND.

Not later than 180 days after the date of the enactment of this

Act and every year thereafter, the Secretary and the Secretary of In-

terior shall submit to the Committee on Agriculture of the House of

Representatives, the Committee on Natural Resources of the House

of Representatives, the Committee on Agriculture, Nutrition, and

Forestry of the Senate, and the Committee on Energy and Natural

Resources of the Senate a jointly written report on—

(1) the number of acres of Federal land treated by the Sec-

retary or the Secretary of the Interior for wildfire, insect infesta-

tion, or disease prevention;

(2) the number of acres of Federal land categorized as a

high or extreme fire risk;

(3) the total timber production from Federal land;

(4) the number of acres and average fire intensity of

wildfires affecting Federal land treated for wildfire, insect in-

festation, or disease prevention;

(5) the number of acres and average fire intensity of

wildfires affecting Federal land not treated for wildfire, insect

infestation, or disease prevention;

(6) the Federal response time for each fire on greater than

25,000 acres;

(7) the number of miles of roads and trails on Federal land

in need of maintenance;

(8) the number of miles of roads on Federal land in need

of decommissioning;

401

O:\KEN\KEN18764.xml [file 9 of 13] S.L.C.

(9) the maintenance backlog, as of the date of the report, for

roads, trails, and recreational facilities on Federal land;

(10) other measures needed to maintain, improve, or restore

water quality on Federal land; and

(11) other measures needed to improve ecosystem function

or resiliency on Federal land.

SEC. 8707. WEST FORK FIRE STATION.

(a) D

EFINITIONS

.—In this section:

(1) C

OUNTY

.—The term ‘‘County’’ means Dolores County,

Colorado.

(2) W

EST FORK FIRE STATION CONVEYANCE PARCEL

.—The

term ‘‘West Fork Fire Station Conveyance Parcel’’ means the

parcel of approximately 3.61 acres of National Forest System

land in the County, as depicted on the map entitled ‘‘Map for

West Fork Fire Station Conveyance Parcel’’ and dated Novem-

ber 21, 2017.

(b) C

ONVEYANCE OF

EST

ORK

IRE

TATION

ONVEYANCE

ARCEL

, D

OLORES

OUNTY

, C

OLORADO

.—

(1) I

N GENERAL

.—On receipt of a request from the County

and subject to such terms and conditions as are mutually satis-

factory to the Secretary and the County, including such addi-

tional terms as the Secretary determines to be necessary, the

Secretary shall convey to the County without consideration all

right, title, and interest of the United States in and to the West

Fork Fire Station Conveyance Parcel.

(2) C

OSTS

.—Any costs relating to the conveyance under

paragraph (1), including processing and transaction costs, shall

be paid by the County.

(3) U

SE OF LAND

.—The land conveyed to the County under

paragraph (1) shall be used by the County only for a fire sta-

tion, related infrastructure, and roads to facilitate access to and

through the West Fork Fire Station Conveyance Parcel.

(4) R

EVERSION

.—If any portion of the land conveyed under

paragraph (1) is used in a manner that is inconsistent with the

use described in paragraph (3), the land shall, at the discretion

of the Secretary, revert to the United States.

SEC. 8708. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND ENVI-

RONMENTAL GRANTS PROGRAM.

Section 1232 of the Food, Agriculture, Conservation, and Trade

Act of 1990 (16 U.S.C. 582a–8) is amended—

(1) in subsection (a) by inserting ‘‘or forest restoration’’ after

‘‘research’’; and

(2) by amending subsection (c) to read as follows:

‘‘(c) P

RIORITIES

.—

‘‘(1) R

ESEARCH

.—In awarding the initial grants under sub-

section (a) the Secretary shall give priority to applicants who

will use such grants for research concerning—

‘‘(A) the biology of forest organisms, including physi-

ology, genetic mechanisms, and biotechnology;

‘‘(B) ecosystem function and management, including

forest ecosystem research, biodiversity, forest productivity,

pest management, water resources, and alternative silvicul-

tural systems;

402

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

‘‘(C) wood as a raw material, including forest products

and harvesting;

‘‘(D) human forest interactions, including outdoor

recreation, public policy formulation, economics, sociology,

and administrative behavior;

‘‘(E) international trade, competition, and cooperation

related to forest products;

‘‘(F) alternative native crops, products, and services

that can be produced from renewable natural resources as-

sociated with privately held forest lands;

‘‘(G) viable economic production and marketing systems

for alternative natural resource products and services;

‘‘(H) economic and environmental benefits of various

conservation practices on forest lands;

‘‘(I) genetic tree improvement; and

‘‘(J) market expansion.

‘‘(2) F

OREST RESTORATION

.—Grants may be used to support

programs that restore forest tree species native to American for-

ests that may have suffered severe levels of mortality caused by

non-native insects, plant pathogens, or others pests.

‘‘(A) R

EQUIRED COMPONENT OF FOREST RESTORATION

STRATEGY

.—To receive a grant under this subsection, an el-

igible institution shall demonstrate that it offers a program

with a forest restoration strategy that incorporates not less

than one of the following components:

‘‘(i) Collection and conservation of native tree ge-

netic material.

‘‘(ii) Production of propagules of native trees in

numbers large enough for landscape scale restoration.

‘‘(iii) Site preparation of former of native tree habi-

tat.

‘‘(iv) Planting of native tree seedlings.

‘‘(v) Post-planting maintenance of native trees.

‘‘(B) A

WARD OF GRANTS

.—The Secretary shall award

competitive grants under this subsection based on the de-

gree to which the applicant addresses the following criteria:

‘‘(i) Risk posed to the forests of that State by non-

native pests, as measured by such factors as the num-

ber of such pests present in the State.

‘‘(ii) The proportion of the State’s forest composed

of species vulnerable to non-native pests present in the

United States.

‘‘(iii) The pests’ rate of spread via natural or

human-assisted means.’’.

TITLE IX—ENERGY

SEC. 9001. DEFINITIONS.

Section 9001 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8101) is amended—

(1) in paragraph (4)(A), by striking ‘‘agricultural materials’’

and inserting ‘‘agricultural materials, renewable chemicals,’’;

(2) in paragraph (7)(A), by striking ‘‘into biofuels and

biobased products; and’’ and inserting the following: ‘‘or an in-

403

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

termediate ingredient or feedstock of renewable biomass into

any 1 or more, or a combination, of—

‘‘(i) biofuels;

‘‘(ii) renewable chemicals; or

‘‘(iii) biobased products; and’’; and

(3) in paragraph (16)—

(A) in subparagraph (A)—

(i) in the matter preceding clause (i), by striking

‘‘(B)’’ and inserting ‘‘(C)’’; and

(ii) by striking ‘‘that—’’ in the matter preceding

clause (i) and all that follows through the period at the

end of clause (ii) and inserting ‘‘that produces usable

energy from a renewable energy source.’’;

(B) by redesignating subparagraph (B) as subpara-

graph (C); and

‘‘(B) I

NCLUSIONS

.—The term ‘renewable energy system’

includes—

‘‘(i) distribution components necessary to move en-

ergy produced by a system described in subparagraph

(A) to the initial point of sale; and

‘‘(ii) other components and ancillary infrastructure

of a system described in subparagraph (A), such as a

storage system.’’.

SEC. 9002. BIOBASED MARKETS PROGRAM.

Section 9002 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8102) is amended—

(1) in subsection (b)(2)(A), by adding at the end the fol-

lowing:

‘‘(iii) R

ENEWABLE CHEMICALS

.—Not later than 180

days after the date of enactment of this clause, the Sec-

retary shall update the criteria issued under clause (i)

to provide criteria for determining which renewable

chemicals may qualify to receive the label under para-

graph (1).’’;

(2) by amending subsection (f) to read as follows:

‘‘(f) M

ANUFACTURERS OF

ENEWABLE

HEMICALS AND

IOBASED

RODUCTS

.—

‘‘(1) NAICS

CODES

.—The Secretary and the Secretary of

Commerce shall jointly develop North American Industry Clas-

sification System codes for—

‘‘(A) renewable chemicals manufacturers; and

‘‘(B) biobased products manufacturers.

‘‘(2) N

ATIONAL TESTING CENTER REGISTRY

.—The Secretary

shall establish a national registry of testing centers for biobased

products that will serve biobased product manufacturers.’’;

(3) by redesignating subsections (h) through (j) as sub-

sections (j) through (l), respectively;

(4) by inserting after subsection (g) the following:

‘‘(h) S

TREAMLINING

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of this subsection, the Secretary shall establish

guidelines for an integrated process under which biobased prod-

ucts may be, in 1 expedited approval process—

404

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

‘‘(A) determined to be eligible for a Federal procure-

ment preference under subsection (a); and

‘‘(B) approved to use the ‘USDA Certified Biobased

Product’ label under subsection (b).

‘‘(2) I

NITIATION

.—The Secretary shall ensure that a review

of a biobased product under the integrated qualification process

established pursuant to paragraph (1) may be initiated on re-

ceipt of a recommendation or petition from a manufacturer,

vendor, or other interested party.

‘‘(3) P

RODUCT DESIGNATIONS

.—The Secretary may issue a

product designation pursuant to subsection (a)(3)(B), or approve

the use of the ‘USDA Certified Biobased Product’ label under

subsection (b), through streamlined procedures, which shall not

be subject to chapter 7 of title 5, United States Code.

‘‘(i) R

EQUIREMENT OF

ROCURING

GENCIES

.—A procuring

agency (as defined in subsection (a)(1)) shall not establish regula-

tions, guidance, or criteria regarding the procurement of biobased

products, pursuant to this section or any other law, that impose lim-

itations on that procurement that are more restrictive than the limi-

tations established by the Secretary under the regulations to imple-

ment this section.’’;

(5) in subsection (k) (as so redesignated)—

(A) in paragraph (1), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(B) in paragraph (2), by striking ‘‘$2,000,000 for each

of fiscal years 2014 through 2018’’ and inserting

‘‘$3,000,000 for each of fiscal years 2019 through 2023’’;

and

(6) by adding at the end the following:

‘‘(m) R

URAL

EVELOPMENT

ISSION

REA

.—In carrying out

this section, except as provided in subsection (g), the Secretary shall

act through the rural development mission area.’’.

SEC. 9003. BIOREFINERY ASSISTANCE.

Section 9003 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8103) is amended—

(1) in subsection (b)(3)—

(A) in subparagraph (A), by striking ‘‘produces an ad-

vanced biofuel; and’’ and inserting the following: ‘‘produces

any 1 or more, or a combination, of—

‘‘(i) an advanced biofuel;

‘‘(ii) a renewable chemical; or

‘‘(iii) a biobased product; and’’; and

(B) in subparagraph (B), by striking ‘‘produces an ad-

vanced biofuel.’’ and inserting the following: ‘‘produces any

1 or more, or a combination, of—

‘‘(i) an advanced biofuel;

‘‘(ii) a renewable chemical; or

‘‘(iii) a biobased product.’’; and

(2) in subsection (g)—

(A) in paragraph (1)(A)—

(i) in clause (i), by striking ‘‘and’’ at the end;

(ii) in clause (ii), by striking the period at the end

and inserting a semicolon; and

(iii) by adding at the end the following:

‘‘(iii) $50,000,000 for fiscal year 2019; and

405

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

‘‘(iv) $25,000,000 for fiscal year 2020.’’; and

(B) in paragraph (2), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 9004. REPOWERING ASSISTANCE PROGRAM.

Section 9004 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8104) is repealed.

SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.

Section 9005 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8105) is amended—

(1) in subsection (e)—

(A) by striking ‘‘The Secretary may’’ and inserting the

following new paragraph:

‘‘(1) A

MOUNT

.—The Secretary shall’’; and

(B) by adding at the end the following new paragraph:

‘‘(2) F

EEDSTOCK

.—The total amount of payments made in a

fiscal year under this section to one or more eligible producers

for the production of advanced biofuels derived from a single el-

igible commodity, including intermediate ingredients of that

single commodity or use of that single commodity and its inter-

mediate ingredients in combination with another commodity,

shall not exceed one-third of the total amount of funds made

available under subsection (g).’’; and

(2) in subsection (g)—

(A) in paragraph (1)—

(i) in subparagraph (D), by striking ‘‘and’’ at the

end;

(ii) in subparagraph (E), by striking the period at

the end and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(F) $7,000,000 for each of fiscal years 2019 through

2023.’’; and

(B) in paragraph (2), by striking ‘‘2014 through 2018’’

and inserting ‘‘2019 through 2023’’.

SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.

Section 9006(d) of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 8106(d)) is amended to read as follows:

‘‘(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $2,000,000 for each of

fiscal years 2019 through 2023.’’.

SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.

Section 9007 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8107) is amended—

(1) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) I

N GENERAL

.—

‘‘(A) A

SSISTANCE

.—In addition to any similar author-

ity, the Secretary shall provide—

‘‘(i) loan guarantees and grants to agricultural

producers and rural small businesses—

‘‘(I) to purchase renewable energy systems, in-

cluding systems that may be used to produce and

sell electricity; and

406

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

‘‘(II) to make energy efficiency improvements;

and

‘‘(ii) loan guarantees to agricultural producers to

purchase and install energy efficient equipment or sys-

tems for agricultural production or processing that ex-

ceed—

‘‘(I) energy efficiency building codes, if applica-

ble;

‘‘(II) Federal or State energy efficiency stand-

ards, if applicable; and

‘‘(III) other energy efficiency standards deter-

mined appropriate by the Secretary.

‘‘(B) L

IMITATIONS

.—With respect to loan guarantees

under subparagraph (A)(ii)—

‘‘(i) if no codes or standards described in such sub-

paragraph apply to the energy efficient equipment or

system to be purchased or installed pursuant to such

subparagraph, the Secretary shall require, to the max-

imum extent practicable, such equipment or system to

meet the same efficiency measurements as the most effi-

cient available equipment or system in the market; and

‘‘(ii) the Secretary shall not provide such a loan

guarantee for the purchase or installation of any en-

ergy efficient equipment or system unless more than

one type of such equipment or system is available in

the market.’’; and

(B) in paragraph (3), by adding at the end the fol-

lowing:

‘‘(D) L

OAN GUARANTEES FOR ENERGY EFFICIENT EQUIP

MENT TO AGRICULTURAL PRODUCERS

.—Using funds made

available under paragraphs (1) and (3) of subsection (f), in

each fiscal year the Secretary may use for loan guarantees

under paragraph (1)(A)(ii) an amount that does not exceed

15 percent of such funds.’’;

(2) in subsection (e), by striking ‘‘subsection (g)’’ each place

it appears and inserting ‘‘subsection (f)’’;

(3) by striking subsection (f) and redesignating subsection

(g) as subsection (f); and

(4) in subsection (f)(3) (as so redesignated), by striking

‘‘2014 through 2018’’ and inserting ‘‘2019 through 2023’’.

SEC. 9008. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.

Section 9009 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8109) is repealed.

SEC. 9009. FEEDSTOCK FLEXIBILITY.

Section 9010(b) of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 8110(b)) is amended—

(1) in paragraph (1)(A), by striking ‘‘2018’’ and inserting

‘‘2023’’; and

(2) in paragraph (2)(A), by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.

Section 9011 of the Farm Security and Rural Investment Act of

2002 (7 U.S.C. 8111) is amended—

(1) in subsection (a)(6)—

407

O:\KEN\KEN18765.xml [file 10 of 13] S.L.C.

(A) in subparagraph (B)—

(i) in clause (ii)(II), by striking ‘‘and’’ at the end;

(ii) in clause (iii), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(iv) algae.’’; and

(B) in subparagraph (C)—

(i) by striking clause (iv); and

(ii) by redesignating clauses (v) through (vii) as

clauses (iv) through (vi), respectively; and

(2) in subsection (f)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $25,000,000 for

each of fiscal years 2019 through 2023.’’; and

(B) by amending paragraph (3) to read as follows:

‘‘(3) T

ECHNICAL ASSISTANCE

.—Effective for fiscal year 2014

and each subsequent fiscal year, funds made available under

this subsection shall be available for the provision of technical

assistance with respect to activities authorized under this sec-

tion.’’.

SEC. 9011. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.

Title IX of the Farm Security and Rural Investment Act of 2002

(7 U.S.C. 8101 et seq.) is amended by adding at the end the fol-

lowing:

‘‘SEC. 9014. CARBON UTILIZATION AND BIOGAS EDUCATION PROGRAM.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) C

ARBON DIOXIDE

.—The term ‘carbon dioxide’ means

carbon dioxide that is produced as a byproduct of the produc-

tion of a biobased product.

‘‘(2) E

LIGIBLE ENTITY

.—The term ‘eligible entity’ means an

entity that—

‘‘(A) is—

‘‘(i) an organization described in section 501(c)(3)

of the Internal Revenue Code of 1986 and exempt from

taxation under section 501(a) of that Code; or

‘‘(ii) an institution of higher education (as defined

in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)));

‘‘(B) has demonstrated knowledge about—

‘‘(i) sequestration and utilization of carbon dioxide;

‘‘(ii) aggregation of organic waste from multiple

sources into a single biogas system; and

‘‘(C) has a demonstrated ability to conduct educational

and technical support programs.

‘‘(b) E

STABLISHMENT

.—The Secretary, in consultation with the

Secretary of Energy, shall make competitive grants to eligible enti-

ties—

‘‘(1) to provide education to the public about the economic

and emissions benefits of permanent sequestration or utilization

of carbon dioxide with a primary objective of providing benefits

and opportunities for rural businesses, rural communities, and

utilities serving rural communities; or

408

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(2) to provide education to agricultural producers and

other stakeholders about opportunities for aggregation of or-

ganic waste from multiple sources into a single biogas system.

‘‘(c) F

UNDING

.—There are authorized to be appropriated for

each of fiscal years 2019 through 2023—

‘‘(1) $1,000,000 to carry out subsection (b)(1); and

‘‘(2) $1,000,000 to carry out subsection (b)(2).’’.

TITLE X—HORTICULTURE

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 insert-

ing ‘‘2023’’.

SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM.

(a) P

URPOSE

.—The purpose of this section is to combine the pur-

poses and coordinate the functions, as in effect on the day before the

date of enactment of this Act, of—

(1) the Farmers’ Market and Local Food Promotion Pro-

gram established under section 6 of the Farmer-to-Consumer

Direct Marketing Act of 1976 (7 U.S.C. 3005); and

(2) the value-added agricultural product market develop-

ment grants under section 231(b) of the Agricultural Risk Pro-

tection Act of 2000 (7 U.S.C. 1632a(b)).

(b) L

OCAL

GRICULTURE

ARKET

ROGRAM

.—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) D

EFINITIONS

.—In this section:

‘‘(1) B

EGINNING 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) D

IRECT PRODUCER

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) F

AMILY FARM

.—The term ‘family farm’ has the mean-

ing given the term in section 231(a) of the Agricultural Risk

Protection Act of 2000 (7 U.S.C. 1632a(a)).

‘‘(4) F

OOD 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 produc-

tion, 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 re-

gion, or other region designated by the food council or food

system network.

‘‘(5) M

AJORITY

CONTROLLED PRODUCER

BASED BUSINESS

VENTURE

.—

409

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—The term ‘majority-controlled pro-

ducer-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 owner-

ship and control of which is held by 1 or more pro-

ducers.

‘‘(B) E

NTITY DESCRIBED

.—For purposes of subpara-

graph (A), the term ‘entity’ means—

‘‘(i) a partnership;

‘‘(ii) a limited liability corporation;

‘‘(iii) a limited liability partnership; and

‘‘(iv) a corporation.

‘‘(6) M

TIER VALUE CHAIN

.—The term ‘mid-tier value

chain’ means a local or regional supply network that links inde-

pendent producers with businesses and cooperatives that mar-

ket value-added agricultural products in a manner that—

‘‘(A) targets and strengthens the profitability and com-

petitiveness 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) P

ARTNERSHIP

.—The term ‘partnership’ means a part-

nership entered into under an agreement between—

‘‘(A) 1 or more eligible partners (as defined in sub-

section (e)(1)); and

‘‘(B) 1 or more eligible entities (as defined in subsection

(e)(1)).

‘‘(8) P

ROGRAM

.—The term ‘Program’ means the Local Agri-

culture Market Program established under subsection (b).

‘‘(9) R

EGIONAL FOOD CHAIN COORDINATION

.—The term ‘re-

gional food chain coordination’ means coordination and col-

laboration along the supply chain to increase connections be-

tween producers and markets.

‘‘(10) S

ECRETARY

.—The term ‘Secretary’ means the Sec-

retary of Agriculture.

‘‘(11) S

OCIALLY DISADVANTAGED FARMER OR RANCHER

.—The

term ‘socially disadvantaged farmer or rancher’ has the mean-

ing given the term in section 355(e) of the Consolidated Farm

and Rural Development Act (7 U.S.C. 2003(e)).

‘‘(12) V

ALUE

ADDED AGRICULTURAL PRODUCT

.—The term

‘value-added agricultural product’ means any agricultural com-

modity 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 com-

modity or product;

410

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(iv) is a source of farm- or ranch-based renewable en-

ergy, 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 com-

modity 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) V

ETERAN 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) E

STABLISHMENT AND

URPOSE

.—The Secretary shall estab-

lish a program, to be known as the ‘Local Agriculture Market Pro-

gram’, 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 develop-

ment through community collaboration and expansion of mid-

tier value chains;

‘‘(5) improves income and economic opportunities for pro-

ducers and food businesses through job creation; and

‘‘(6) simplifies the application processes and the reporting

processes for the Program.

‘‘(c) A

DMINISTRATION

.—In administering the Program, the Sec-

retary 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 appro-

priate, 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) G

RANTS

.—

‘‘(1) I

N 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

411

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

the purposes of the Program described in subsection (b), for the

conduct of activities described in paragraph (2).

‘‘(2) E

LIGIBLE 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 mar-

keting;

‘‘(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 enter-

prises that engage as intermediaries in indirect producer-

to-consumer marketing;

‘‘(C) to support the processing, aggregation, distribu-

tion, and storage of—

‘‘(i) local and regional food products that are mar-

keted locally or regionally; and

‘‘(ii) value-added agricultural products;

‘‘(D) to encourage the development of value-added agri-

cultural products;

‘‘(E) to assist with business development plans and fea-

sibility 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 mar-

keting 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) C

RITERIA AND GUIDELINES

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish cri-

teria and guidelines for the submission, evaluation, and

funding of proposed projects under paragraph (1) as the

Secretary determines are appropriate.

‘‘(B) P

RODUCER OR FOOD BUSINESS BENEFITS

.—

‘‘(i) I

N 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 ap-

plicant to result from the proposed project within a rea-

sonable period of time after the receipt of the grant.

‘‘(ii) E

XCEPTION

.—Clause (i) shall not apply to a

planning or feasibility project.

‘‘(4) A

MOUNT

.—Unless otherwise determined by the Sec-

retary, the amount of a grant under this subsection shall be not

more than $500,000.

412

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(5) V

ALUE

ADDED PRODUCER GRANTS

.—In the case of a

grant provided under paragraph (1) to an eligible entity de-

scribed in subparagraph (B), the following shall apply:

‘‘(A) A

DMINISTRATION

.—The Secretary shall carry out

this subsection through the Administrator of the Rural

Business-Cooperative Service, in coordination with the Ad-

ministrator of the Agricultural Marketing Service.

‘‘(B) E

LIGIBLE 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 Sec-

retary).

‘‘(C) P

RIORITIES

.—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 ranch-

ers;

‘‘(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 increas-

ing marketing opportunities for producers described in

subclauses (I) through (IV) of clause (i).

‘‘(D) L

IMITATION ON USE OF FUNDS

.—

‘‘(i) I

N 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) E

XCEPTION

.—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) M

ATCHING 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) F

ARMERS

’

MARKETS AND LOCAL FOOD PROMOTION PRO

GRAM

.—In the case of a grant provided under paragraph (1) to

an eligible entity described in subparagraph (B), the following

shall apply:

‘‘(A) A

DMINISTRATION

.—The Secretary shall carry out

this subsection through the Administrator of the Agricul-

tural Marketing Service, in coordination with the Adminis-

trator of the Rural Business-Cooperative Service.

‘‘(B) E

LIGIBLE ENTITIES

.—An entity shall be eligible to

receive a grant under this paragraph if the entity is—

413

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(i) an agricultural cooperative or other agricul-

tural business entity or a producer network or associa-

tion, including a community-supported agriculture net-

work 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 des-

ignate.

‘‘(C) P

RIORITIES

.—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 region-

ally 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) L

IMITATION ON USE OF FUNDS

.—

‘‘(i) I

N 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) E

XCEPTION

.—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) M

ATCHING 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) P

ARTNERSHIPS

.—

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) E

LIGIBLE 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.

414

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(B) E

LIGIBLE 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 Sec-

retary.

‘‘(2) G

RANTS TO SUPPORT PARTNERSHIPS

.—

‘‘(A) I

N GENERAL

.—The Secretary, acting through the

Administrator of the Agricultural Marketing Service, in ac-

cordance 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) G

EOGRAPHICAL DIVERSITY

.—To the maximum ex-

tent practicable, the Secretary shall ensure geographical di-

versity in selecting partnerships to receive grants under

subparagraph (A).

‘‘(3) A

UTHORITIES OF PARTNERSHIPS

.—A partnership receiv-

ing a grant under paragraph (2) may—

‘‘(A) determine the scope of the regional food system to

be developed, including goals, outreach objectives, and eli-

gible 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, implemen-

tation 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 partner-

ship 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 desir-

ing to participate in eligible activities under the partner-

ship agreement, act on behalf of the producer or eligible en-

tity 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 agree-

ment; and

‘‘(ii) funds provided under paragraph (4).

‘‘(4) C

ONTRIBUTION

.—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) A

PPLICATIONS

.—

415

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—To be eligible to receive a grant

under paragraph (2), a partnership shall submit to the Sec-

retary an application at such time, in such manner, and

containing such information as the Secretary considers nec-

essary to evaluate and select applications.

‘‘(B) C

OMPETITIVE PROCESS

.—The Secretary—

‘‘(i) shall conduct a competitive process to select ap-

plications submitted under subparagraph (A);

‘‘(ii) may assess and rank applications with simi-

lar purposes as a group; and

‘‘(iii) shall make public the criteria to be used in

evaluating applications prior to accepting applications.

‘‘(C) P

RIORITY TO CERTAIN APPLICATIONS

.—The Sec-

retary 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-in-

come rural or urban communities, including areas

with persistent poverty; or

‘‘(iii) have multiple entities and partners in a part-

nership.

‘‘(D) P

RODUCER OR FOOD BUSINESS BENEFITS

.—

‘‘(i) I

N GENERAL

.—Except as provided in clause (ii),

an application submitted under subparagraph (A)

shall include a description of the direct or indirect pro-

ducer or food business benefits intended by the eligible

entity to result from the proposed project within a rea-

sonable period of time after the receipt of a grant.

‘‘(ii) E

XCEPTION

.—Clause (i) shall not apply to a

planning or feasibility project.

‘‘(6) T

ECHNICAL ASSISTANCE

.—On request of an eligible en-

tity, an eligible partner, or a partnership, the Secretary may

provide technical assistance in carrying out a partnership

agreement.

‘‘(f) S

IMPLIFICATION OF

PPLICATION AND

EPORTING

ROC

ESSES

.—

‘‘(1) A

PPLICATIONS

.—The Secretary shall establish a sim-

plified 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 sin-

gle application through partnership agreements under sub-

section (e).

‘‘(2) R

EPORTING

.—The Secretary shall—

‘‘(A) streamline and simplify the reporting process for

eligible entities; and

‘‘(B) obtain from eligible entities and maintain such in-

formation as the Secretary determines is necessary to ad-

minister and evaluate the Program.

‘‘(g) I

NTERDEPARTMENTAL

OORDINATION

.—In carrying out the

Program, to the maximum extent practicable, the Secretary shall en-

sure coordination among Federal agencies.

‘‘(h) E

VALUATION

.—

416

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(1) I

N 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 im-

proving 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 re-

gional food chain coordination and business develop-

ment;

‘‘(v) new business opportunities and marketing

strategies to reduce on-farm food waste;

‘‘(vi) the use of new technologies in producer-to-con-

sumer marketing, including direct producer-to-con-

sumer 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) R

EPORT

.—Not later than 4 years after the date of en-

actment of this section, the Secretary shall submit to the Com-

mittee 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 eval-

uation.

‘‘(i) F

UNDING

.—

‘‘(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall use to carry out this sec-

tion $50,000,000 for fiscal year 2019 and each fiscal year there-

after, to remain available until expended.

‘‘(2) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $20,000,000 for

fiscal year 2019 and each fiscal year thereafter, to remain avail-

able until expended.

‘‘(3) A

LLOCATION OF FUNDS

.—

‘‘(A) V

ALUE

ADDED PRODUCER GRANTS

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), of the

funds made available to carry out this section for a fis-

cal year, 35 percent shall be used for grants under sub-

section (d)(5).

‘‘(ii) R

ESERVATION OF FUNDS

.—

‘‘(I) M

AJORITY

CONTROLLED PRODUCER

BASED

BUSINESS VENTURES

.—The total amount of grants

under subsection (d)(5) provided to majority-con-

trolled producer-based business ventures for a fis-

cal year shall not exceed 10 percent of the amount

allocated under clause (i).

417

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(II) B

EGINNING

VETERAN

AND SOCIALLY DIS

ADVANTAGED FARMERS AND RANCHERS

.—Of the

funds made available for grants under subsection

(d)(5), 10 percent shall be reserved for grants pro-

vided to beginning, veteran, and socially disadvan-

taged farmers or ranchers.

‘‘(III) M

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) F

OOD 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) F

ARMERS

’

MARKET AND LOCAL FOOD PROMOTION

GRANTS

.—Of the funds made available to carry out this sec-

tion for a fiscal year, 47 percent shall be used for grants

under subsection (d)(6).

‘‘(C) R

EGIONAL PARTNERSHIPS

.—Of the funds made

available to carry out this section for a fiscal year, 10 per-

cent shall be used to provide grants to support partnerships

under subsection (e).

‘‘(D) U

NOBLIGATED FUNDS

.—Any funds under subpara-

graph (A), (B), or (C) that are not obligated for the uses de-

scribed in that subparagraph, as applicable, by September

30 of the fiscal year for which the funds were made avail-

able—

‘‘(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 Sec-

retary; and

‘‘(ii) may carry over to the next fiscal year.

‘‘(E) A

DMINISTRATIVE 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 ad-

ministrative expenses.’’.

ONFORMING

MENDMENTS

.—

(1) A

GRICULTURAL MARKETING RESOURCE CENTER PILOT

PROJECT

.—Section 231 of the Agricultural Risk Protection Act

of 2000 (7 U.S.C. 1632a) is amended—

(A) by striking the section heading and inserting ‘‘agri-

cultural marketing resource center pilot project.’’;

(B) by striking subsections (a), (b), (d), and (e);

(i) by redesignating paragraphs (1) and (2) as sub-

sections (a) and (b), respectively, and indenting appro-

priately; and

(ii) by striking the subsection designation and

heading;

(D) in subsection (a) (as so redesignated)—

(i) 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

418

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

the funds made available to carry out the Local Agri-

culture Market Program established under section

210A of the Agricultural Marketing Act of 1946 to es-

tablish a pilot project (to be known as the ‘Agricultural

Marketing Resource Center’) at an eligible institution

described in subsection (b)’’; and

(ii) by redesignating subparagraphs (A) and (B) as

paragraphs (1) and (2), respectively, and indenting ap-

propriately; and

(E) in subsection (b) (as so redesignated)—

(i) by redesignating subparagraphs (A) through (C)

as paragraphs (1) through (3), respectively, and indent-

ing appropriately; and

(ii) in paragraph (1) (as so redesignated), by strik-

ing ‘‘paragraph (1)(A)’’ and inserting ‘‘subsection

(a)(1)’’.

(2) A

GRICULTURE INNOVATION CENTER DEMONSTRATION

PROGRAM

.—Section 6402(f) of the Farm Security and Rural In-

vestment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the mat-

ter preceding paragraph (1) by striking ‘‘section 231(d) of the

Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note;

Public Law 106–224))’’ and inserting ‘‘section 210A(d)(2) of the

Agricultural Marketing Act of 1946’’.

(3) L

OCAL 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 estab-

lished under section 210A of the Agricultural Marketing Act of

1946’’.

(4) P

ROGRAM METRICS

.—Section 6209(a) of the Agricultural

Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking para-

graph (1) and inserting the following:

‘‘(1) section 210A of the Agricultural Marketing Act of

1946;’’.

(5) F

ARMER

CONSUMER DIRECT MARKETING ACT OF

1976

.—

(A) Section 4 of the Farmer-to-Consumer Direct Mar-

keting Act of 1976 (7 U.S.C. 3003) is amended—

(i) by striking ‘‘The Secretary’’ and inserting the

following:

‘‘(a) I

ENERAL

.—The Secretary’’; and

(ii) by adding at the end the following:

‘‘(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated such sums as are necessary to carry out this sec-

tion.’’.

(B) Sections 6, 7, and 8 of the Farmer-to-Consumer Di-

rect 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—

(1) in paragraph (1)—

419

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

(A) in the paragraph heading, by striking ‘‘

THROUGH

FISCAL YEAR 2012

’’; and

(B) by striking ‘‘$5,000,000, to remain available until

expended.’’ and inserting the following: ‘‘, to remain avail-

able until expended—

‘‘(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.’’;

(2) by striking paragraph (2);

(3) by redesignating paragraph (3) as paragraph (2); and

(4) in paragraph (2) (as so redesignated)—

(A) by striking ‘‘paragraphs (1) and (2)’’ and inserting

‘‘paragraph (1)’’; and

(B) by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 10104. ORGANIC CERTIFICATION.

(a) E

XCLUSIONS

ROM

ERTIFICATION

.—Not later than 1 year

after the date of enactment of this Act, the Secretary shall issue reg-

ulations to limit the type of organic operations that are excluded

from certification under section 205.101 of title 7, Code of Federal

Regulations, and from certification under any other related sections

under part 205 of title 7, Code of Federal Regulations.

(b) D

EFINITIONS

.—Section 2103 of the Organic Foods Produc-

tion Act of 1990 (7 U.S.C. 6502) is amended—

(1) in paragraph (3)—

(A) by striking ‘‘The term’’ and inserting the following:

‘‘(A) I

N GENERAL

.—The term’’; and

(B) by adding at the end the following:

‘‘(B) F

OREIGN OPERATIONS

.—When used in the context

of a certifying agent operating in a foreign country, the

term ‘certifying agent’ includes any person (including a pri-

vate entity)—

‘‘(i) accredited in accordance with section 2115(d);

‘‘(ii) accredited by a foreign government that acted

under an equivalency agreement negotiated between the

United States and the foreign government from which

the agricultural product is imported.’’;

(2) by redesignating paragraphs (13) through (21) as para-

graphs (14) through (22), respectively; and

(3) by inserting after paragraph (12) the following:

‘‘(13) N

ATIONAL 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 prod-

uct—

‘‘(i) the origin;

‘‘(ii) the destination;

‘‘(iii) the certifying agent issuing the national or-

ganic program import certificate;

420

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(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 agricul-

tural 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.’’.

CCREDITATION

ROGRAM

.—Section 2115 of the Organic

Foods Production Act of 1990 (7 U.S.C. 6514) is amended by strik-

ing subsection (c) and inserting the following:

‘‘(c) A

DDITIONAL

OCUMENTATION AND

ERIFICATION

.—The Sec-

retary, acting through the Deputy Administrator of the national or-

ganic 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) A

CCREDITATION OF

OREIGN

RGANIC

ERTIFICATION

GRAM

.—

‘‘(1) I

N GENERAL

.—For an agricultural product being im-

ported 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) T

RACKING SYSTEM

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish a sys-

tem to track national organic import certificates.

‘‘(B) I

NTEGRATION

.—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) D

URATION OF

CCREDITATION

.—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 ap-

propriate by the Secretary; and

‘‘(3) may be renewed.’’.

(d) R

EQUIREMENTS OF

ERTIFYING

GENTS

.—Section 2116 of

the Organic Foods Production Act of 1990 (7 U.S.C. 6515) is

amended—

(1) in subsection (i)—

(A) in paragraph (1), by inserting ‘‘or an entity acting

as an agent of the certifying agent’’ after ‘‘a certifying

agent’’;

(B) by redesignating paragraph (2) as paragraph (3);

and

421

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(2) O

VERSIGHT OF CERTIFYING OFFICES AND FOREIGN OPER

ATIONS

.—

‘‘(A) I

N 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, in-

cluding an office acting on behalf of a foreign-domi-

ciled entity.

‘‘(B) P

ROCESS 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

(2) by adding at the end the following:

‘‘(j) N

OTICE

.—Not later than 90 days after the date on which a

new certifying office performing certification activities opens, an ac-

credited certifying agent shall notify the Secretary of the opening.’’.

(e) C

ERTAIN

MPLOYEES

LIGIBLE TO

ERVE AS

ATIONAL

GANIC

TANDARDS

OARD

EMBERS

.—Section 2119(b) of the Or-

ganic Foods Production Act of 1990 (7 U.S.C. 6518(b)) is amend-

ed—

(1) in paragraph (1), by inserting ‘‘, or employees of such

individuals’’ after ‘‘operation’’;

(2) in paragraph (2), by inserting ‘‘, or employees of such

individuals’’ after ‘‘operation’’; and

(3) in paragraph (3), by inserting ‘‘, or an employee of such

individual’’ after ‘‘products’’.

(f) N

ATIONAL

RGANIC

TANDARDS

OARD

.—Section 2119(i) of

the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is

amended—

(1) by striking ‘‘Two-thirds’’ and inserting the following:

‘‘(1) I

N GENERAL

.—

⁄

’’; and

(2) by adding at the end the following:

‘‘(2) N

ATIONAL LIST

.—Any vote on a motion proposing to

amend the national list shall be considered to be a decisive vote

that requires

⁄

of the votes cast at a meeting of the Board at

which a quorum is present to prevail.’’.

(g) I

NVESTIGATIONS

.—Section 2120(b) of the Organic Foods Pro-

duction Act (7 U.S.C. 6519(b)) is amended by adding at the end the

following:

‘‘(3) I

NFORMATION SHARING DURING ACTIVE INVESTIGA

TION

.—In carrying out this title, all parties to an active inves-

tigation (including certifying agents, State organic certification

programs, and the national organic program) shall share con-

fidential business information with Federal Government officers

and employees involved in the investigation as necessary to

fully investigate and enforce potential violations of this title.’’.

(h) D

ATA

RGANIZATION AND

CCESS

.—Section 2122 of the Or-

ganic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by

adding at the end the following:

‘‘(c) A

CCESS TO

ATA

OCUMENTATION

YSTEMS

.—The Sec-

retary shall have access to available data from cross-border docu-

mentation systems administered by other Federal agencies, includ-

422

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

ing the Automated Commercial Environment system of U.S. Cus-

toms and Border Protection.

‘‘(d) R

EPORTS

.—

‘‘(1) I

N GENERAL

.—Not later than March 1, 2020, and an-

nually 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) R

EQUIREMENTS

.—The data described in paragraph (1)

shall be broken down by agricultural product, quantity, value,

and month.

‘‘(3) E

XCEPTION

.—Any data determined by the Secretary to

be confidential business information shall not be provided in

the report under paragraph (1).’’.

(i) O

RGANIC

GRICULTURAL

RODUCT

MPORTS

NTERAGENCY

ORKING

ROUP

.—The Organic Foods Production Act of 1990 is

amended by inserting after section 2122 (7 U.S.C. 6521) the fol-

lowing:

‘‘SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTER-

AGENCY WORKING GROUP.

‘‘(a) E

STABLISHMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary and the Secretary of

Homeland Security shall jointly establish a working group to

facilitate coordination and information sharing between the De-

partment of Agriculture and U.S. Customs and Border Protec-

tion relating to imports of organically produced agricultural

products (referred to in this section as the ‘working group’).

‘‘(2) M

EMBERS

.—The working group—

‘‘(A) shall include—

‘‘(i) the Secretary (or a designee); and

‘‘(ii) the Secretary of Homeland Security (or a des-

ignee); and

‘‘(B) shall not include any non-Federal officer or em-

ployee.

‘‘(3) D

UTIES

.—The working group shall facilitate coordina-

tion and information sharing between the Department of Agri-

culture and U.S. Customs and Border Protection for the pur-

poses of—

‘‘(A) identifying imports of organically produced agri-

cultural products;

‘‘(B) verifying the authenticity of organically produced

agricultural product import documentation, such as na-

tional organic program import certificates;

‘‘(C) ensuring imported agricultural products rep-

resented as organically produced meet the requirements

under this title;

‘‘(D) collecting and organizing quantitative data on im-

ports 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) D

ESIGNATED EMPLOYEES AND OFFICIALS

.—An employee

or official designated to carry out the duties of the Secretary or

423

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

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 min-

imum annual rate of basic pay for GS–12 under section 5332

of title 5, United States Code.

‘‘(b) R

EPORTS

.—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 Pro-

tection the following reports:

‘‘(1) O

RGANIC TRADE ENFORCEMENT INTERAGENCY COORDI

NATION REPORT

.—A report—

‘‘(A) identifying existing barriers to cooperation between

the agencies involved in agricultural product import inspec-

tion, trade data collection and organization, and organi-

cally produced agricultural product trade enforcement, in-

cluding—

‘‘(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 or-

ganically 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 Protec-

tion 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 agricul-

tural 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 organi-

cally produced by the exporter; and

‘‘(F) describing staffing needs and additional resources

at U.S. Customs and Border Protection and the Depart-

ment of Agriculture needed to ensure compliance.

‘‘(2) R

EPORT ON ENFORCEMENT ACTIONS TAKEN ON ORGANIC

IMPORTS

.—A report—

424

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(A) providing detailed quantitative data (broken down

by agricultural product, quantity, value, month, and ori-

gin) on imports of agricultural products represented as or-

ganically 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 or-

ganically produced, including the number and type of ac-

tions taken by United States officials at ports of entry in re-

sponse to violations of this title;

‘‘(C) providing data on fumigation of agricultural prod-

ucts 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 com-

pliance 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.’’.

(j) A

UTHORIZATION OF

PPROPRIATIONS FOR

ATIONAL

RGANIC

ROGRAM

.—Section 2123 of the Organic Foods Production Act of

1990 (7 U.S.C. 6522) is amended—

(1) by striking the section heading and inserting ‘‘

FUND

ING

’’;

(2) 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

(3) by striking subsection (c) and inserting the following:

‘‘(c) M

ODERNIZATION AND

MPROVEMENT OF

NTERNATIONAL

RADE

ECHNOLOGY

YSTEMS AND

ATA

OLLECTION

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish a new sys-

tem or modify an existing data collection and organization sys-

tem to collect and organize in a single system quantitative data

on imports of each organically produced agricultural product

accepted into the United States.

‘‘(2) A

CTIVITIES

.—In carrying out paragraph (1), the Sec-

retary shall modernize trade and transaction certificates to en-

sure full traceability to the port of entry without unduly hin-

dering trade or commerce, such as through an electronic trade

document exchange system.

‘‘(3) A

CCESS

.—The single system established under para-

graph (1) shall be accessible by any agency with the direct au-

thority 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.

425

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(4) F

UNDING

.—Of the funds of the Commodity Credit Cor-

poration, the Secretary shall make available $5,000,000 for fis-

cal year 2019 for the purposes of—

‘‘(A) carrying out this subsection; and

‘‘(B) maintaining the database and technology up-

grades previously carried out under this subsection, as in

effect on the day before the date of enactment of the Agri-

culture Improvement Act of 2018.

‘‘(5) A

VAILABILITY

.—The amounts made available under

paragraph (4) are in addition to any other funds made avail-

able for the purposes described in that paragraph and shall re-

main available until expended.’’.

(k) T

RADE

AVINGS

ROVISION

.—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 PRO-

GRAM.

(a) E

LIMINATION OF

IRECTED

ELEGATION

.—Section 10606(a)

of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.

6523(a)) is amended by striking ‘‘(acting through the Agricultural

Marketing Service)’’.

(b) F

UNDING

.—Section 10606 of the Farm Security and Rural

Investment Act of 2002 (7 U.S.C. 6523) is amended by striking sub-

section (d) and inserting the following:

‘‘(d) M

ANDATORY

UNDING

.—

‘‘(1) I

N 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) A

VAILABILITY

.—Amounts made available under para-

graph (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 insert-

ing ‘‘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—

(1) in subsection (a)—

(A) by striking ‘‘2018’’ and inserting ‘‘2023’’; and

(B) by striking ‘‘solely to enhance the competitiveness of

specialty crops.’’ and inserting the following: ‘‘to enhance

the competitiveness of specialty crops, including—

‘‘(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

426

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

crop stakeholders and relevant State departments of agri-

culture.’’;

(2) in subsection (j)—

(A) by redesignating paragraphs (1) through (5) as sub-

paragraphs (A) through (E), respectively, and indenting ap-

propriately;

(B) in the matter preceding subparagraph (A) (as so re-

designated), by striking ‘‘Not later’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—Not later’’; and

‘‘(2) A

DMINISTRATION OF MULTISTATE PROJECTS FROM NON

PARTICIPATING STATES

.—The Secretary of Agriculture may di-

rectly administer all aspects of multistate projects under this

subsection for applicants in a nonparticipating State.’’;

(3) in subsection (k), by adding at the end the following:

‘‘(3) E

VALUATION

.—

‘‘(A) P

ERFORMANCE MEASURES AND REVIEW

.—

‘‘(i) D

EVELOPMENT

.—The Secretary of Agriculture

and the State departments of agriculture, in consulta-

tion with specialty crop stakeholders, shall develop per-

formance measures to be used as the sole means of per-

forming any evaluation of the grant program estab-

lished under this section.

‘‘(ii) R

EVIEW

.—The Secretary of Agriculture, in con-

sultation with the State departments of agriculture,

shall periodically evaluate the performance of the grant

program established under this section.

‘‘(B) C

OOPERATIVE AGREEMENTS

.—The Secretary of Ag-

riculture 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

(4) in subsection (l)(2)(E), by inserting ‘‘and each fiscal year

thereafter’’ after ‘‘2018’’.

SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.

(a) A

SEXUALLY

EPRODUCED

EFINED

.—Section 41(a) of the

Plant Variety Protection Act (7 U.S.C. 2401(a)) is amended—

(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7),

(8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and

(10), respectively; and

(2) by inserting before paragraph (2), as so redesignated,

the following new paragraph:

‘‘(1) A

SEXUALLY REPRODUCED

.—The term ‘asexually repro-

duced’ means produced by a method of plant propagation using

vegetative material (other than seed) from a single parent, in-

cluding cuttings, grafting, tissue culture, and propagation by

root division.’’.

(b) R

IGHT TO

LANT

ARIETY

ROTECTION

; P

LANT

ARIETIES

ROTECTABLE

.—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’’.

427

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

NFRINGEMENT OF

LANT

ARIETY

ROTECTION

.—Section

111(a)(3) of the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is

amended by inserting ‘‘or asexually’’ after ‘‘sexually’’.

(d) F

ALSE

ARKETING

; C

EASE AND

ESIST

RDERS

.—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.

(a) I

ENERAL

.—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 assess-

ment modeling and mitigation for an active ingredient.

(b) S

UBMISSION

.—The Secretary shall submit to the Adminis-

trator of the Environmental Protection Agency and make publicly

available the survey described in subsection (a).

UNDING

.—

(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall use to carry out this sec-

tion $500,000 for fiscal year 2019, to remain available until ex-

pended.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $2,500,000, to

remain available until expended.

(d) C

ONFIDENTIALITY OF

NFORMATION

.—Section 1770 of the

Food Security Act of 1985 (7 U.S.C. 2276) is amended—

(1) in subsection (a)—

(A) by striking ‘‘(a) In the case’’ and inserting the fol-

lowing:

‘‘(a) I

ENERAL

.—In the case’’; and

(B) in paragraph (3), by striking ‘‘subsection (d)(12)’’

and inserting ‘‘paragraph (12) or (13) of subsection (d)’’;

and

(2) in subsection (d)—

(A) by striking ‘‘(d) For purposes’’ and inserting the fol-

lowing:

‘‘(d) P

ROVISIONS OF

EFERENCES

.—For purposes’’;

(B) in paragraph (11), by striking ‘‘or’’ at the end;

and inserting ‘‘; or’’; and

(D) 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 FOR-

EST PESTS THROUGH RESTRICTIONS ON THE IMPORTA-

TION OF CERTAIN PLANTS FOR PLANTING.

Not later than March 1, 2021, the Secretary shall submit to

Congress a report—

(1) evaluating the effectiveness of the Federal Government

in intercepting pests in international shipping and on plants for

planting;

(2) describing the geographic sources of intercepted pests

and the commodities or plant species most often associated with

infested shipments;

(3) quantifying the detection of forest pests in the national

surveillance networks, including the Cooperative Agricultural

428

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

Pest Survey and the Early Detection and Rapid Response net-

work of the Forest Service;

(4) describing new outbreaks of forest pests in the United

States and the spread of existing infestations;

(5) describing how the numbers of such interceptions, detec-

tions, and outbreaks described in a preceding paragraph have

changed since January 1, 2018;

(6) containing proposed additional actions to further reduce

the rate of arrival for forest pests across the borders of the

United States;

(7) identifying current challenges with intercepting, detect-

ing, and addressing outbreaks of tree and wood pests, as well

as challenges in achieving compliance with the Plant Protection

Act (7 U.S.C. 7701 et seq.) and recommendations with respect

to such challenges; and

(8) describing the coordination and collaboration occurring

between the Animal and Plant Health Inspection Service and

the Forest Service with respect to—

(A) identifying and prioritizing critical detection, sur-

veillance, and eradication needs for tree and wood pests;

and

(B) identifying the actions each agency takes within

their respective missions to address identified priorities.

SEC. 10111. REPORT ON PLANT BIOSTIMULANTS.

(a) R

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Secretary shall submit a report to the President

and Congress that identifies any potential regulatory, non-regu-

latory, and legislative recommendations, including the appropriate-

ness 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 pro-

ducers.

(b) C

ONSULTATION

.—The Secretary shall prepare the report re-

quired 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 deter-

mines necessary.

LANT

IOSTIMULANT

.—For the purposes of the report under

subsection (a), the Secretary—

(1) shall consider ‘‘plant biostimulant’’ to be a substance or

micro-organism that, when applied to seeds, plants, or the

rhizosphere, stimulates natural processes to enhance or benefit

nutrient uptake, nutrient efficiency, tolerance to abiotic stress,

or crop quality and yield; and

(2) may modify the description of plant biostimulant, as ap-

propriate.

SEC. 10112. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL AS-

SISTANCE.

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 pro-

vide technical assistance under title X of the Agriculture Improve-

ment Act of 2018 or an amendment made by that title’’.

429

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

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) H

EMP

.—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) I

NDIAN TRIBE

.—The term ‘Indian tribe’ has the mean-

ing given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 5304).

‘‘(3) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of Agriculture.

‘‘(4) S

TATE

.—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) S

TATE 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) T

RIBAL GOVERNMENT

.—The term ‘Tribal government’

means the governing body of an Indian tribe.

‘‘SEC. 297B. STATE AND TRIBAL PLANS.

‘‘(a) S

UBMISSION

.—

‘‘(1) I

N 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 Sec-

retary, through the State department of agriculture (in con-

sultation 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) C

ONTENTS

.—A State or Tribal plan referred to in para-

graph (1)—

‘‘(A) shall only be required to include—

‘‘(i) a practice to maintain relevant information re-

garding land on which hemp is produced in the State

or territory of the Indian tribe, including a legal de-

scription of the land, for a period of not less than 3 cal-

endar 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;

430

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(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 prac-

tices and procedures described in clauses (i) through

(vi); and

‘‘(B) may include any other practice or procedure estab-

lished by a State or Indian tribe, as applicable, to the ex-

tent that the practice or procedure is consistent with this

subtitle.

‘‘(3) R

ELATION TO STATE AND TRIBAL LAW

.—

‘‘(A) N

O PREEMPTION

.—Nothing in this subsection pre-

empts 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) R

EFERENCES IN PLANS

.—A State or Tribal plan re-

ferred 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) A

PPROVAL

.—

‘‘(1) I

N 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) A

MENDED 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 Gov-

ernor and chief law enforcement officer of the State) or the Trib-

al government, as applicable, may submit to the Secretary an

amended State or Tribal plan that complies with subsection (a).

‘‘(3) C

ONSULTATION

.—The Secretary shall consult with the

Attorney General in carrying out this subsection.

‘‘(c) A

UDIT OF

TATE

OMPLIANCE

.—

‘‘(1) I

N 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) N

ONCOMPLIANCE

.—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—

431

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(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) T

ECHNICAL

SSISTANCE

.—The Secretary may provide tech-

nical assistance to a State or Indian tribe in the development of a

State or Tribal plan under subsection (a).

‘‘(e) V

IOLATIONS

.—

‘‘(1) I

N GENERAL

.—A violation of a State or Tribal plan ap-

proved under subsection (b) shall be subject to enforcement sole-

ly in accordance with this subsection.

‘‘(2) N

EGLIGENT VIOLATION

.—

‘‘(A) I

N 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 sub-

paragraph (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) C

ORRECTIVE ACTION PLAN

.—A hemp producer de-

scribed in subparagraph (A) shall comply with a plan es-

tablished by the State department of agriculture or Tribal

government, as applicable, to correct the negligent viola-

tion, 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 agri-

culture 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 cal-

endar years.

‘‘(C) R

ESULT OF NEGLIGENT VIOLATION

.—A hemp pro-

ducer 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) R

EPEAT VIOLATIONS

.—A hemp producer that neg-

ligently 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) O

THER VIOLATIONS

.—

432

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—If the State department of agri-

culture or Tribal government in a State or the territory of

an Indian tribe for which a State or Tribal plan is ap-

proved 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) F

ELONY

.—

‘‘(i) I

N 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 in-

eligible, 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) E

XCEPTION

.—Clause (i) shall not apply to any

person growing hemp lawfully with a license, registra-

tion, or authorization under a pilot program author-

ized by section 7606 of the Agricultural Act of 2014 (7

U.S.C. 5940) before the date of enactment of this sub-

title.

‘‘(C) F

ALSE 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) E

FFECT

.—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 sec-

tion 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) D

EPARTMENT OF

GRICULTURE

LAN

.—

‘‘(1) I

N 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 accord-

ance with paragraph (2).

‘‘(2) C

ONTENT

.—A plan established by the Secretary under

paragraph (1) shall include—

‘‘(A) a practice to maintain relevant information re-

garding land on which hemp is produced in the State or

433

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

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 pro-

duced 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 pro-

duced in violation of this subtitle; and

‘‘(ii) products derived from those plants;

‘‘(D) a procedure to comply with the enforcement proce-

dures 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 sub-

title; 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) L

ICENSING

.—The Secretary shall establish a procedure to

issue licenses to hemp producers in accordance with a plan estab-

lished under subsection (a).

‘‘(c) V

IOLATIONS

.—

‘‘(1) I

N 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) N

EGLIGENT AND OTHER VIOLATIONS

.—A violation of a

plan established under subsection (a) shall be subject to enforce-

ment in accordance with paragraphs (2) and (3) of section

297B(e), except that the Secretary shall carry out that enforce-

ment instead of a State department of agriculture or Tribal gov-

ernment.

‘‘(3) R

EPORTING 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) I

NFORMATION

HARING FOR

NFORCEMENT

.—

‘‘(1) I

N GENERAL

.—The Secretary shall—

‘‘(A) collect the information described in paragraph (2);

and

‘‘(B) make the information collected under subpara-

graph (A) accessible in real time to Federal, State, terri-

torial, and local law enforcement.

‘‘(2) C

ONTENT

.—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 sec-

tion 297B(b); or

‘‘(ii) a plan is established by the Secretary under

this section;

434

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(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 subpara-

graph (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) P

ROMULGATION OF

EGULATIONS AND

UIDELINES

; R

PORT

.—

‘‘(1) R

EGULATIONS AND GUIDELINES

.—

‘‘(A) I

N GENERAL

.—The Secretary shall promulgate reg-

ulations and guidelines to implement this subtitle as expe-

ditiously as practicable.

‘‘(B) C

ONSULTATION WITH ATTORNEY GENERAL

.—The

Secretary shall consult with the Attorney General on the

promulgation of regulations and guidelines under subpara-

graph (A).

‘‘(2) R

EPORT

.—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) A

UTHORITY

.—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 sec-

tions 297B and 297C.

‘‘(c) E

FFECT ON

THER

.—Nothing in this subtitle shall af-

fect 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 de-

scribed 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 nec-

essary to carry out this subtitle.’’.

435

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

SEC. 10114. INTERSTATE COMMERCE.

(a) R

ULE OF

ONSTRUCTION

.—Nothing in this title or an

amendment made by this title prohibits the interstate commerce of

hemp (as defined in section 297A of the Agricultural Marketing Act

of 1946 (as added by section 10113)) or hemp products.

(b) T

RANSPORTATION OF

EMP AND

EMP

RODUCTS

.—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) I

NTERAGENCY WORKING GROUP

.—

‘‘(A) D

EFINITION OF COVERED AGENCY

.—In this para-

graph, the term ‘covered agency’ means any of the fol-

lowing:

‘‘(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) E

STABLISHMENT

.—The Administrator shall estab-

lish an interagency working group, to be comprised of rep-

resentatives from each covered agency, to provide rec-

ommendations 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) D

UTIES

.—The interagency working group estab-

lished under subparagraph (B) shall—

‘‘(i) analyze relevant Federal law (including regu-

lations) and case law for purposes of providing an out-

line of the legal and regulatory framework for the con-

sultation process referred to in that subparagraph, in-

cluding—

‘‘(I) requirements under this Act and the En-

dangered Species Act of 1973 (16 U.S.C. 1531 et

seq.);

‘‘(II) Federal case law regarding the intersec-

tion of this Act and the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.); and

‘‘(III) Federal regulations relating to the pes-

ticide consultation process;

‘‘(ii) provide advice regarding methods of—

‘‘(I) defining the scope of actions of the covered

agencies that are subject to the consultation re-

quirement referred to in subparagraph (B); and

‘‘(II) properly identifying and classifying ef-

fects 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 pro-

436

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

viding 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 in-

crease 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 co-

ordinate analyses among the Department of Agri-

culture, the Department of Commerce, the Depart-

ment of the Interior, and the Environmental Pro-

tection 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 pes-

ticide 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 Environ-

mental Protection Agency to better assist the De-

partment 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 imple-

ment approaches to consultations under the Endan-

gered Species Act of 1973 (16 U.S.C. 1531 et seq.) and

document that strategy in a memorandum of under-

standing, revised regulations, or another appropriate

format to promote durable cooperation among the cov-

ered agencies.

‘‘(D) R

EPORTS

.—

‘‘(i) P

ROGRESS REPORTS

.—

‘‘(I) I

N 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 Rep-

resentatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report de-

scribing the progress of the working group in de-

veloping the recommendations under subpara-

graph (B).

‘‘(II) R

EQUIREMENTS

.—The report under this

clause shall—

‘‘(aa) reflect the perspectives of each cov-

ered agency; and

‘‘(bb) identify areas of new consensus and

continuing topics of disagreement and debate.

437

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(ii) R

ESULTS

.—

‘‘(I) I

N GENERAL

.—Not later than 1 year after

the date of enactment of this paragraph, the Ad-

ministrator, in coordination with the head of each

other covered agency, shall submit to the Com-

mittee on Agriculture of the House of Representa-

tives 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) R

EQUIREMENTS

.—The report under this

clause shall—

‘‘(aa) reflect the perspectives of each cov-

ered agency; and

‘‘(bb) identify areas of consensus and con-

tinuing topics of disagreement and debate, if

any.

‘‘(iii) I

MPLEMENTATION

.—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 Com-

mittee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and For-

estry of the Senate a report describing—

‘‘(I) the implementation of the recommenda-

tions 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 im-

provements to the process described in subpara-

graph (B).

‘‘(iv) O

THER REPORTS

.—Not later than the date

that is 180 days after the date of submission of the re-

port 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 coordina-

tion 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, Nu-

trition, and Forestry of the Senate a report describ-

ing—

‘‘(I) the implementation of the recommenda-

tions 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 im-

provements to the process described in subpara-

graph (B).

‘‘(E) C

ONSULTATION WITH PRIVATE SECTOR

.—In car-

rying out the duties under this paragraph, the working

group shall, as appropriate—

438

O:\RYA\RYA18A12.xml [file 11 of 13] S.L.C.

‘‘(i) consult with, representatives of interested in-

dustry stakeholders and nongovernmental organiza-

tions; and

‘‘(ii) take into consideration factors, such as actual

and potential differences in interest between, and the

views of, those stakeholders and organizations.

‘‘(F) F

EDERAL 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) S

AVINGS CLAUSE

.—Nothing in this paragraph su-

persedes 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.

(a) D

EFINITIONS

.—In this section:

(1) E

MERGENCY EVENT

.—The term ‘‘emergency event’’ means

a situation—

(A) that occurs at a location on which a plant or com-

modity is grown or produced or facility providing for the

storage of, or other services with respect to, a plant or com-

modity;

(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 the location or facil-

ity or the owner, grower, or purchaser of the plant or com-

modity; and

logical, 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 alter-

natives to methyl bromide easily accessible by an entity re-

ferred 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 the location or facility.

(2) P

EST

.—The term ‘‘pest’’ has the meaning given the term

in section 2 of the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136).

(b) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary, in consultation with the

Secretary of State and the Administrator of the Environmental

Protection Agency, shall complete a study on the potential use

of methyl bromide in response to an emergency event.

(2) R

EQUIREMENTS

.—The study under paragraph (1) shall

include—

(A) a risk-benefit analysis of authorizing State, local,

or Tribal authorities, in accordance with appropriate re-

quirements and criteria, such as the recommendations de-

veloped under subparagraph (E)—

439

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

(i) to determine when the use of methyl bromide is

required; and

(ii) to authorize such use;

(B) a risk-benefit analysis of authorizing the Secretary,

in accordance with appropriate requirements and criteria,

such as the recommendations developed under subpara-

graph (E)—

(i) to determine when the use of methyl bromide is

required; and

(ii) to authorize such use;

after September 15, 1997, that could have been deemed

emergency events;

(D) a detailed assessment of the adherence of the

United States to international obligations of the United

States with respect to the prevention of ozone depletion; and

(E) an assessment and recommendations on appro-

priate 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 man-

ner that fully complies with the Montreal Protocol on Sub-

stances 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.

EPORT

.—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 Rep-

resentatives and the Committee on Agriculture, Forestry, and Nutri-

tion of the Senate.

TITLE XI—CROP INSURANCE

SEC. 11101. DEFINITIONS.

Section 502(b) of the Federal Crop Insurance Act (7 U.S.C.

1502(b)) is amended—

(1) by redesignating paragraphs (6), (7), (8), (9), (10), and

(11) as paragraphs (7), (8), (10), (11), (12), and (13) respectively;

(2) by inserting after paragraph (5) the following:

‘‘(6) C

OVER CROP TERMINATION

.—The term ‘cover crop ter-

mination’ means a practice that historically and under reason-

able circumstances results in the termination of the growth of

a cover crop.’’; and

(3) by inserting after paragraph (8) (as so redesignated) the

following:

‘‘(9) H

EMP

.—The term ‘hemp’ has the meaning given the

term in section 297A of the Agricultural Marketing Act of

1946.’’.

SEC. 11102. DATA COLLECTION.

Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C.

1506(h)(2)) is amended—

(1) by striking ‘‘The Corporation’’ and inserting the fol-

lowing:

440

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(A) I

N GENERAL

.—The Corporation’’; and

(2) by adding at the end the following:

‘‘(B) N

ATIONAL AGRICULTURAL STATISTICS SERVICE

.—

Data collected by the National Agricultural Statistics Serv-

ice, whether published or unpublished, shall be—

‘‘(i) provided in an aggregate form to the Corpora-

tion for the purpose of providing insurance under this

subtitle; and

‘‘(ii) kept confidential by the Corporation in the

same manner and to the same extent as is required

under—

‘‘(I) section 1770 of the Food Security Act of

1985 (7 U.S.C. 2276); and

‘‘(II) the Confidential Information Protection

and Statistical Efficiency Act of 2002 (44 U.S.C.

3501 note; Public Law 107–347).

‘‘(C) N

ONINSURED CROP DISASTER ASSISTANCE PRO

GRAM

.—In collecting data under this subsection, the Sec-

retary shall ensure that—

‘‘(i) appropriate data are collected through the non-

insured crop disaster assistance program established

by section 196 of the Federal Agriculture Improvement

and Reform Act of 1996 (7 U.S.C. 7333); and

‘‘(ii) not less frequently than annually, the Farm

Service Agency shares, and the Corporation considers,

the data described in clause (i).’’.

SEC. 11103. SHARING OF RECORDS.

Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C.

1506(h)(3)) is amended by inserting ‘‘applicants who have received

payment under section 522(b)(2)(E),’’ after ‘‘divisions,’’.

SEC. 11104. USE OF RESOURCES.

Section 507(f) of the Federal Crop Insurance Act (7 U.S.C.

1507(f)) is amended—

(1) by striking paragraphs (3) and (4) and inserting the fol-

lowing:

‘‘(3) the Farm Service Agency, in assisting the Board in—

‘‘(A) the determination of individual producer yields;

‘‘(B) sharing information on beginning farmers and

ranchers and veteran farmers and ranchers;

‘‘(C) investigating potential waste, fraud, or abuse;

‘‘(D) sharing information to support the transition of

crops and counties from the noninsured crop disaster as-

sistance program established by section 196 of the Federal

Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333) to insurance under this subtitle; and

‘‘(E) serving as a local point of contact for the dissemi-

nation of information on risk management options avail-

able to farmers and ranchers; and

‘‘(4) other Federal agencies, in assisting the Board in any

way the Board determines is necessary in carrying out this sub-

title.’’;

(2) in paragraph (2), by striking ‘‘(2) the’’ and inserting the

following:

‘‘(2) the’’; and

441

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

(3) by striking ‘‘(f) The Board’’ in the matter preceding

paragraph (1) and all that follows through the semicolon at the

end of paragraph (1) and inserting the following:

‘‘(f) U

SE OF

ESOURCES

, D

ATA

, B

OARDS

AND

OMMITTEES OF

EDERAL

GENCIES

.—If the Board determines it is necessary, the

Board shall use, to the maximum extent practicable, the resources,

data, boards, and the committees of—

‘‘(1) the Natural Resources Conservation Service, in assist-

ing the Board in—

‘‘(A) the classification of land as to risk and production

capability; and

‘‘(B) the consideration of acceptable conservation prac-

tices, including good farming practices with respect to con-

servation (such as cover crop termination);’’.

SEC. 11105. SPECIALTY CROPS.

(a) S

PECIALTY

ROPS

OORDINATOR

.—Section 507(g) of the Fed-

eral Crop Insurance Act (7 U.S.C. 1507(g)) is amended—

(1) by striking the subsection designation and all that fol-

lows through ‘‘The Corporation’’ in paragraph (1) and inserting

the following:

‘‘(g) S

PECIALTY

ROPS

OORDINATOR

.—

‘‘(1) I

N GENERAL

.—The Corporation’’; and

(2) by adding at the end the following:

‘‘(4) S

PECIALTY CROP LIAISONS

.—The Specialty Crops Coor-

dinator shall—

‘‘(A) designate a Specialty Crops Liaison in each re-

gional field office; and

‘‘(B) share the contact information of the Specialty

Crops Liaisons with specialty crop producers.

‘‘(5) W

EBSITE

.—The Specialty Crops Coordinator shall es-

tablish a website focused on the efforts of the Corporation to

provide and expand crop insurance for specialty crop pro-

ducers.’’.

(b) A

DDITION OF

PECIALTY

ROPS AND

THER

ALUE

ADDED

ROPS

.—Section 508(a)(6) of the Federal Crop Insurance Act (7

U.S.C. 1508(a)(6)) is amended—

(1) in the paragraph heading, by adding at the end the fol-

lowing: ‘‘

(INCLUDING VALUE

ADDED CROPS)

’’;

(2) by striking subparagraph (A) and inserting the fol-

lowing:

‘‘(A) A

NNUAL REVIEW

.—Not later than 1 year after the

date of enactment of the Agriculture Improvement Act of

2018, and annually thereafter, the manager of the Corpora-

tion shall prepare, to the maximum extent practicable,

based on data shared from the noninsured crop disaster as-

sistance program established by section 196 of the Federal

Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333), written agreements, or other data, and present to the

Board not less than 1 of each of the following:

‘‘(i) Research and development for a policy or plan

of insurance for a commodity for which there is no ex-

isting policy or plan of insurance.

‘‘(ii) Expansion of an existing policy or plan of in-

surance to additional counties or States, including

malting barley endorsements or contract options.

442

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(iii) Research and development for a new policy or

plan of insurance, or endorsement, for commodities

with existing policies or plans of insurance, such as

dollar plans.’’;

(3) in subparagraph (B), in the subparagraph heading, by

striking ‘‘A

DDITION OF NEW CROPS

’’ and inserting ‘‘R

EPORT

’’;

and

(4) by striking subparagraphs (C) and (D).

SEC. 11106. INSURANCE PERIOD.

Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C.

1508(a)(2)) is amended by striking ‘‘and sweet potatoes’’ and insert-

ing ‘‘sweet potatoes, and hemp’’.

SEC. 11107. COVER CROPS.

Section 508(a) of the Federal Crop Insurance Act (7 U.S.C.

1508(a)) is amended—

(1) in paragraph (3)(B), in the subparagraph heading, by

inserting ‘‘

DETERMINATION REVIEW

’’ after ‘‘

PRACTICES

’’; and

(2) by adding at the end the following:

‘‘(11) C

OVER CROPS

.—

‘‘(A) I

N GENERAL

.—The voluntary practice of cover

cropping shall be considered a good farming practice under

paragraph (3)(A)(iii) if the cover crop is terminated in ac-

cordance with subparagraph (B).

‘‘(B) T

ERMINATION

.—

‘‘(i) I

N GENERAL

.—The termination of a cover crop

shall be carried out according to—

‘‘(I) guidelines established by the Secretary; or

‘‘(II) an exception to the guidelines approved

under clause (ii).

‘‘(ii) E

XCEPTION TO GUIDELINES

.—The Corporation

shall approve an exception to the guidelines under

clause (i)(I) if that exception is recommended by—

‘‘(I) the Natural Resources Conservation Serv-

ice; or

‘‘(II) an agricultural expert, as determined by

the Corporation, unless the exception is determined

to be unreasonable by the Corporation.

‘‘(C) I

NSURABILITY OF SUBSEQUENT CROP

.—Cover crop

termination shall not affect the insurability of a subse-

quently planted insurable crop if the cover crop is termi-

nated in accordance with subparagraph (B).

‘‘(D) S

UMMER FALLOW

.—In a county in which summer

fallow is an insurable practice, a cover crop in that county

that is terminated in accordance with subparagraph (B)

shall be considered as summer fallow for the purpose of in-

surability.’’.

SEC. 11108. UNDERSERVED PRODUCERS.

Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C.

1508(a)(7)) is amended—

(1) in the paragraph heading, by inserting ‘‘

AND UNDER

SERVED PRODUCERS

’’ after ‘‘

STATES

’’;

(2) in subparagraph (A)—

(A) by striking the designation and heading and all

that follows through ‘‘the term’’ and inserting the following:

443

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(A) D

EFINITIONS

.—In this paragraph:

‘‘(i) A

DEQUATELY SERVED

.—The term’’;

(B) in clause (i) (as so designated), by striking ‘‘partici-

pation rate’’ and inserting ‘‘participation rate, by crop,’’;

and

‘‘(ii) U

NDERSERVED PRODUCER

.—The term ‘under-

served producer’ means an individual (including a

member of an Indian Tribe) that is—

‘‘(I) a beginning farmer or rancher;

‘‘(II) a veteran farmer or rancher; or

‘‘(III) a socially disadvantaged farmer or

rancher.’’;

(3) in subparagraph (B)—

(A) by striking ‘‘The Board’’ and inserting ‘‘Using re-

sources and information available to the Board or the Sec-

retary, the Board’’; and

(B) by striking ‘‘subtitle’’ and inserting ‘‘subtitle, in-

cluding policies and plans of insurance for underserved

producers,’’; and

(4) by striking subparagraph (C) and inserting the fol-

lowing:

‘‘(C) R

EPORT

.—

‘‘(i) I

N GENERAL

.—Not later than 30 days after

completion of the review under subparagraph (B), and

not less frequently than once every 3 years thereafter,

the Board shall make publicly available and submit to

the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutri-

tion, and Forestry of the Senate a report describing the

results of the review.

‘‘(ii) R

ECOMMENDATIONS

.—The report under clause

(i) shall include recommendations to increase partici-

pation in States and among underserved producers

that are not adequately served by the policies and

plans of insurance, including any plans for adminis-

trative action or recommendations for Congressional

action.’’.

SEC. 11109. TREATMENT OF FORAGE AND GRAZING.

(a) A

VAILABILITY OF

ATASTROPHIC

ISK

ROTECTION FOR

ROPS AND

RASSES

SED FOR

RAZING

.—Section 508(b)(1) of the

Federal Crop Insurance Act (7 U.S.C. 1508(b)(1)) is amended—

(1) by striking ‘‘(A) I

N GENERAL

.—Except as provided in

subparagraph (B), the’’ and inserting ‘‘The’’; and

(2) by striking subparagraph (B).

(b) C

OVERAGE FOR

ORAGE AND

RAZING

.—The Federal Crop

Insurance Act is amended by inserting after section 508C (7 U.S.C.

1508c) the following new section:

‘‘SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.

‘‘Notwithstanding section 508A, and in addition to any other

available coverage, for crops that can be both grazed and mechani-

cally harvested on the same acres during the same growing season,

producers shall be allowed to purchase separate policies for each in-

tended use, as determined by the Corporation, and any indemnity

444

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

paid under those policies for each intended use shall not be consid-

ered to be for the same loss for the purposes of section 508(n).’’.

SEC. 11110. ADMINISTRATIVE BASIC FEE.

Section 508(b)(5)(A) of the Federal Crop Insurance Act (7

U.S.C. 1508(b)(5)(A)) is amended by striking ‘‘$300’’ and inserting

‘‘$655’’.

SEC. 11111. ENTERPRISE UNITS.

Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.

1508(e)(5)) is amended by adding at the end the following:

‘‘(E) E

NTERPRISE UNITS ACROSS COUNTY LINES

.—The

Corporation may allow a producer to establish a single en-

terprise unit by combining an enterprise unit with—

‘‘(i) 1 or more other enterprise units in 1 or more

other counties; or

‘‘(ii) all basic units and all optional units in 1 or

more other counties.’’.

SEC. 11112. CONTINUED AUTHORITY.

Section 508(g) of the Federal Crop Insurance Act (7 U.S.C.

1508(g)) is amended by adding at the end the following new para-

graph:

‘‘(6) C

ONTINUED AUTHORITY

.—

‘‘(A) I

N GENERAL

.—The Corporation shall establish—

‘‘(i) underwriting rules that limit the decrease in

the actual production history of a producer, at the elec-

tion of the producer, to not more than 10 percent of the

actual production history of the previous crop year pro-

vided that the production decline was the result of

drought, flood, natural disaster, or other insurable loss

(as determined by the Corporation); and

‘‘(ii) actuarially sound premiums to cover addi-

tional risk.

‘‘(B) O

THER AUTHORITY

.—The authority provided under

subparagraph (A) is in addition to any other authority that

adjusts the actual production history of the producer under

this Act.

‘‘(C) E

FFECT

.—Nothing in this paragraph shall be con-

strued to require a change in the administration of any

provision of this Act as the Act was administered for the

2018 reinsurance year.’’.

SEC. 11113. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.

Section 508(h) of the Federal Crop Insurance Act (7 U.S.C.

1508(h)) is amended—

(1) in paragraph (1)(B)—

(A) by redesignating clauses (i) through (iii) as sub-

clauses (I) through (III), respectively, and indenting appro-

priately;

(B) in the matter preceding subclause (I) (as so redesig-

nated), by striking ‘‘The Corporation shall’’ and inserting

the following:

‘‘(i) I

N GENERAL

.—The Corporation shall’’;

‘‘subject to clause (ii),’’ before ‘‘will likely’’; and

(D) by adding at the end the following:

445

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(ii) W

AIVER FOR HEMP

.—The Corporation may

waive the viability and marketability requirement

under clause (i)(I) in the case of a policy or pilot pro-

gram relating to the production of hemp.’’; and

(2) in paragraph (3)(C)—

(A) in clause (ii), by striking ‘‘and’’ at the end;

(B) in clause (iii), by striking the period at the end and

inserting ‘‘; and’’; and

‘‘(iv) in the case of reviewing policies and other ma-

terials relating to the production of hemp, may waive

the viability and marketability requirement under sub-

paragraph (A)(ii)(I).’’.

SEC. 11114. CROP PRODUCTION ON NATIVE SOD.

Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.

1508(o)(2)(A)) is amended—

(1) by striking ‘‘During the’’ and inserting the following:

‘‘(i) F

IRST 4 CROP YEARS

.—During the’’;

(2) in clause (i) (as so designated), by striking ‘‘after the

date of enactment of the Agricultural Act of 2014’’ and inserting

‘‘beginning on February 8, 2014, and ending on the date of en-

actment of the Agriculture Improvement Act of 2018’’; and

(3) by adding at the end the following:

‘‘(ii) S

UBSEQUENT CROP YEARS

.—Native sod acre-

age that has been tilled for the production of an insur-

able crop after the date of enactment of the Agriculture

Improvement Act of 2018 shall be subject to a reduc-

tion in benefits under this subtitle as described in this

paragraph for not more than 4 cumulative years—

‘‘(I) during the first 10 years after initial till-

age; and

‘‘(II) during each of which a crop on that acre-

age is insured under subsection (c).’’.

SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE

DATA TO COMBAT WASTE, FRAUD, AND ABUSE.

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515)

is amended—

(1) in subsection (d)(1)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(D) using published aggregate data from the National

Agricultural Statistics Service or any other data source to—

‘‘(i) detect yield disparities or other data anomalies

that indicate potential fraud; and

‘‘(ii) target the relevant counties, crops, regions,

companies, or agents associated with that potential

fraud for audits and other enforcement actions.’’; and

(2) in subsection (f)(2)(A), by striking ‘‘pursuant to’’ each

place it appears and inserting ‘‘under’’.

SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.

Section 515(g) of the Federal Crop Insurance Act (7 U.S.C.

1515(g)) is amended—

446

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

(1) in paragraph (1), by adding at the end the following:

‘‘(D) The actual production history to be used to estab-

lish insurable yields.’’; and

(2) in paragraph (2)—

(A) by striking ‘‘The information required by para-

graph (1)’’ and inserting the following:

‘‘(A) I

N GENERAL

.—The information required to be sub-

mitted under subparagraphs (A) through (C) of paragraph

(1)’’; and

(B) by adding at the end the following:

‘‘(B) A

CTUAL PRODUCTION HISTORY

.—

‘‘(i) I

N GENERAL

.—The information required to be

submitted under paragraph (1)(D) with respect to an

applicable policy or plan of insurance for a covered

commodity (as defined in section 1111 of the Agricul-

tural Act of 2014 (7 U.S.C. 9011)) shall be submitted

so as to ensure receipt by the Corporation not later

than the Saturday of the week containing the calendar

day that is 30 days after the applicable production re-

porting date for the crop to be insured.

‘‘(ii) C

ORRECTION OF ERRORS

.—Nothing in clause

(i) limits the ability of an approved insurance provider

to correct any error in the information submitted under

paragraph (1)(D) after receipt of the information by the

Corporation in accordance with clause (i).’’.

SEC. 11117. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND

AGENTS.

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515)

is amended—

(1) by redesignating subsection (k) as subsection (l); and

(2) by inserting after subsection (j) the following:

‘‘(k) C

ONTINUING

DUCATION FOR

OSS

DJUSTERS AND

GENTS

.—

‘‘(1) I

N GENERAL

.—The Corporation shall establish require-

ments for continuing education for loss adjusters and agents of

approved insurance providers.

‘‘(2) R

EQUIREMENTS

.—The requirements for continuing edu-

cation described in paragraph (1) shall ensure that loss adjust-

ers and agents of approved insurance providers are familiar

with—

‘‘(A) the policies and plans of insurance available

under this Act, including the regulations promulgated to

carry out this Act;

‘‘(B) efforts to promote program integrity through the

elimination of waste, fraud, and abuse; and

‘‘(C) other aspects of adjusting, delivering, and serv-

icing policies and plans of insurance by adjustors and

agents, as determined by the Secretary, including conserva-

tion activities and agronomic practices (including organic

and sustainable practices) that are common and appro-

priate to the area in which the insured crop being inspected

is produced.’’.

447

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

SEC. 11118. PROGRAM ADMINISTRATION.

Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7

U.S.C. 1516(b)(2)(C)(i)) is amended by striking ‘‘$9,000,000’’ and in-

serting ‘‘$7,000,000’’.

SEC. 11119. AGRICULTURAL COMMODITY.

Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518)

is amended by inserting ‘‘hemp,’’ before ‘‘aquacultural species’’.

SEC. 11120. MAINTENANCE OF POLICIES.

(a) I

ENERAL

.—Section 522(b) of the Federal Crop Insurance

Act (7 U.S.C. 1522(b)) is amended—

(1) in paragraph (1), by amending subparagraph (B) to

read as follows:

‘‘(B) R

EIMBURSEMENT

.—

‘‘(i) I

N GENERAL

.—An applicant who submits a pol-

icy under section 508(h) shall be eligible for the reim-

bursement of reasonable research and development

costs if the policy is approved by the Board for sale to

producers.

‘‘(ii) R

EASONABLE COSTS

.—For the purpose of reim-

bursing research and development and maintenance

costs under this section, costs of the applicant shall be

considered reasonable costs if the costs are based on—

‘‘(I) for any employees or contracted personnel,

wage rates equal to not more than 2 times the

hourly wage rate plus benefits, as provided by the

Bureau of Labor Statistics for the year in which

such costs are incurred, calculated using the for-

mula applied to an applicant by the Corporation

in reviewing proposed project budgets under this

section on October 1, 2016; and

‘‘(II) other actual documented costs incurred

by the applicant.’’; and

(2) in paragraph (4)—

(A) in subparagraph (C), by striking ‘‘approved insur-

ance provider’’ and inserting ‘‘applicant’’; and

(B) in subparagraph (D)—

(i) in clause (i), by striking ‘‘determined by the ap-

proved insurance provider’’ and inserting ‘‘determined

by the applicant’’; and

(ii) by adding at the end the following:

‘‘(iii) R

EVIEW

.—After the Board approves the

amount of a fee under clause (ii), the fee shall remain

in effect and not be reviewed by the Board unless—

‘‘(I) the applicant petitions the Board for re-

consideration of the fee;

‘‘(II) a substantial change is made to the pol-

icy, as determined by the Board; or

‘‘(III) there is substantial evidence that the fee

is inhibiting sales or use of the policy, as deter-

mined by the Board.’’.

(b) A

PPLICABILITY

.—

(1) I

N GENERAL

.—The amendments made by this section

shall apply to reimbursement requests made on or after October

1, 2016.

448

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

(2) R

ESUBMISSION OF DENIED REQUEST

.—An applicant that

was denied all or a portion of a reimbursement request under

paragraph (1) of section 522(b) of the Federal Crop Insurance

Act (7 U.S.C. 1522(b)) during the period between October 1,

2016, and the date of the enactment of this Act shall be given

an opportunity to resubmit such request.

SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND

MAINTENANCE COSTS.

Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.

1522(b)) is amended—

(1) in paragraph (2), by adding at the end the following:

‘‘(K) W

AIVER FOR HEMP

.—The Board may waive the vi-

ability and marketability requirements under this para-

graph in the case of research and development relating to

a policy to insure the production of hemp.’’; and

(2) in paragraph (3)—

(A) by striking ‘‘The Corporation’’ and inserting the fol-

lowing:

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), the

Corporation’’; and

(B) by adding at the end the following:

‘‘(B) W

AIVER FOR HEMP

.—The Corporation may waive

the marketability requirement under subparagraph (A) in

the case of research and development relating to a policy to

insure the production of hemp.’’.

SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C.

1522(c)) is amended—

(1) by striking paragraphs (7) through (18) and (20)

through (23);

(2) by redesignating paragraphs (19) and (24) as para-

graphs (7) and (8), respectively;

(3) in paragraph (7) (as so redesignated) (entitled ‘‘Whole

farm diversified risk management insurance plan’’), by adding

at the end the following:

‘‘(E) R

EVIEW OF MODIFICATIONS TO IMPROVE EFFECTIVE

NESS

.—

‘‘(i) I

N GENERAL

.—Not later than 18 months after

the date of enactment of the Agriculture Improvement

Act of 2018—

‘‘(I) the Corporation shall hold stakeholder

meetings to solicit producer and agent feedback;

and

‘‘(II) the Board shall—

‘‘(aa) review procedures and paperwork re-

quirements on agents and producers; and

‘‘(bb) modify procedures and requirements,

as appropriate, to decrease burdens and in-

crease flexibility and effectiveness.

‘‘(ii) F

ACTORS

.—In carrying out items (aa) and (bb)

of subclause (i)(II), the Board shall consider—

‘‘(I) removing caps on nursery and livestock

production;

449

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(II) allowing a waiver to expand operations,

especially for small and beginning farmers;

‘‘(III) minimizing paperwork for producers and

agents;

‘‘(IV) implementing an option for producers

with less than $1,000,000 in gross revenue that re-

quires significantly less paperwork and record-

keeping;

‘‘(V) developing and using alternative records

such as time-stamped photographs or technology

applications to document planting and production

history;

‘‘(VI) treating the different growth stages of

aquaculture species as separate crops to recognize

the difference in perils at different phases of

growth;

‘‘(VII) moderating the impacts of disaster years

on historic revenue, such as—

‘‘(aa) using an average of the historic and

projected revenue;

‘‘(bb) counting indemnities as historic rev-

enue for loss years;

‘‘(cc) counting payments under section 196

of the Federal Agriculture Improvement and

Reform Act of 1996 (7 U.S.C. 7333) as historic

revenue for loss years; or

‘‘(dd) using an assigned yield floor similar

to the limitation described in section

508(g)(6)(A)(i), as determined by the Secretary;

‘‘(VIII) improving agent training and outreach

to underserved regions and sectors such as small

dairy farms; and

‘‘(IX) providing coverage and indemnification

of insurable losses—

‘‘(aa) after the losses exceed the deductible;

and

‘‘(bb) up to the maximum amount of total

coverage.

‘‘(F) B

EGINNING FARMER OR RANCHER DEFINED

.—Not-

withstanding section 502(b)(3), with respect to plans de-

scribed under this paragraph, the term ‘beginning farmer

or rancher’ means a farmer or rancher who has not actively

operated and managed a farm or ranch with a bona fide

insurable interest in a crop or livestock as an owner-oper-

ator, landlord, tenant, or sharecropper for more than 10

crop years.’’; and

(4) by inserting after paragraph (8) (as so redesignated) the

following:

‘‘(9) T

ROPICAL STORM OR HURRICANE INSURANCE

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development, regarding a policy to insure crops

(including tomatoes, peppers, and citrus) against losses due

to a tropical storm or hurricane.

450

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(B) R

ESEARCH AND DEVELOPMENT

.—Research and de-

velopment under subparagraph (A) shall—

‘‘(i) evaluate the effectiveness of risk management

tools for a low frequency and catastrophic loss weather

event; and

‘‘(ii) result in a policy that provides protection for

at least 1 of the following:

‘‘(I) Production loss.

‘‘(II) Revenue loss.

‘‘(C) R

EPORT

.—Not later than 1 year after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report that

describes—

‘‘(i) the results of the research and development

carried out under this paragraph; and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(10) Q

UALITY LOSS

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development, regarding the establishment of

each of the following alternative methods of adjusting for

quality losses:

‘‘(i) A method that does not impact the actual pro-

duction history of a producer.

‘‘(ii) A method that provides that, in circumstances

in which a producer has suffered a quality loss to the

insured crop of the producer that is insufficient to trig-

ger an indemnity payment, the producer may elect to

exclude that quality loss from the actual production

history of the producer.

‘‘(iii) 1 or more methods that combine the methods

described in clauses (i) and (ii).

‘‘(B) R

EQUIREMENTS

.—Notwithstanding subsections (g)

and (m) of section 508, any method developed under sub-

paragraph (A) that is used by the Corporation shall be—

‘‘(i) optional for a producer to use; and

‘‘(ii) offered at an actuarially sound premium rate.

‘‘(C) R

EPORT

.—Not later than 1 year after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report that

describes—

‘‘(i) the results of the research and development

carried out under subparagraph (A); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(11) C

ITRUS

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

451

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

search and development, regarding the insurance of citrus

fruit commodities and commodity types, including research

and development of—

‘‘(i) improvements to 1 or more existing policies, in-

cluding the whole-farm revenue protection pilot policy;

‘‘(ii) alternative methods of insuring revenue for

citrus fruit commodities and commodity types; and

‘‘(iii) the development of new, or expansion of exist-

ing, revenue policies for citrus fruit commodities and

commodity types.

‘‘(B) R

EPORT

.—Not later than 1 year after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report that

describes—

‘‘(i) the results of the research and development

carried out under subparagraph (A); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(12) H

OPS

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development, regarding a policy to insure the

production of hops or revenue derived from the production

of hops.

‘‘(B) R

EPORT

.—Not later than 1 year after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report that

describes—

‘‘(i) the results of the research and development

carried out under subparagraph (A); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(13) S

UBSURFACE IRRIGATION PRACTICES

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development, regarding the creation of a sepa-

rate practice for subsurface irrigation, including the estab-

lishment of a separate transitional yield within a county

that is reflective of the average gain in productivity and

yield associated with the installation of a subsurface irriga-

tion system.

‘‘(B) R

EPORT

.—Not later than 18 months after the date

of enactment of the Agriculture Improvement Act of 2018,

the Corporation shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a re-

port that describes—

‘‘(i) the results of the research and development

carried out under subparagraph (A); and

452

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(14) G

RAIN SORGHUM

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development—

‘‘(i) regarding improvements to 1 or more policies

to insure irrigated grain sorghum;

‘‘(ii) regarding alternative methods for producers

with not more than 4 years of production history to in-

sure irrigated grain sorghum; and

‘‘(iii) to assess, by county, the difference in the rate,

average yield, and coverage level of grain sorghum

policies compared to policies for other feed grains in

that county.

‘‘(B) R

EPORT

.—Not later than 18 months after the date

of enactment of the Agriculture Improvement Act of 2018,

the Corporation shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a re-

port that describes—

‘‘(i) the results of the research and development

carried out under subparagraph (A); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(15) L

IMITED IRRIGATION PRACTICES

.—

‘‘(A) A

UTHORITY

.—The Corporation shall—

‘‘(i) consider expanding the availability of the lim-

ited irrigation insurance program to neighboring and

similarly situated States (such as the States of Colo-

rado and Nebraska), as determined by the Secretary;

‘‘(ii) carry out research, or offer to enter into 1 or

more contracts with 1 or more qualified persons to

carry out research, on the marketability of the existing

limited irrigation insurance program; and

‘‘(iii) make recommendations on how to improve

participation in that program.

‘‘(B) R

ESEARCH

.—In carrying out research under sub-

paragraph (A), a qualified person shall—

‘‘(i) collaborate with researchers on the subjects

of—

‘‘(I) reduced irrigation practices or limited irri-

gation practices; and

‘‘(II) expected yield reductions following the

application of reduced irrigation;

‘‘(ii) collaborate with State and Federal officials re-

sponsible for the collection of water and the regulation

of water use for the purpose of irrigation;

‘‘(iii) provide recommendations to encourage pro-

ducers to carry out limited irrigation practices or re-

duced irrigation and water conservation practices; and

‘‘(iv) develop web-based applications that will

streamline access to coverage for producers electing to

conserve water use on irrigated crops.

453

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(C) R

EPORT

.—Not later than 18 months after the date

of enactment of the Agriculture Improvement Act of 2018,

the Corporation shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a re-

port that describes—

‘‘(i) the results of the research carried out under

subparagraphs (A) and (B);

‘‘(ii) any recommendations to encourage producers

to carry out limited irrigation practices or reduced irri-

gation and water conservation practices; and

‘‘(iii) the actions taken by the Corporation to carry

out the recommendations described in clause (ii).

‘‘(16) I

NSURABLE IRRIGATION PRACTICES FOR RICE

.—

‘‘(A) I

N GENERAL

.—The Corporation shall carry out re-

search and development, or offer to enter into 1 or more

contracts with 1 or more qualified persons to carry out re-

search and development, to include new and innovative ir-

rigation practices under the current rice policy or the devel-

opment of a distinct policy endorsement rated for rice pro-

duced using—

‘‘(i) alternate wetting and drying practices (also re-

ferred to as ‘intermittent flooding’); and

‘‘(ii) furrow irrigation practices.

‘‘(B) R

EPORT

.—Not later than 18 months after the date

of enactment of the Agriculture Improvement Act of 2018,

the Corporation shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry of the Senate a re-

port that describes—

‘‘(i) the results of the research and development

carried out under paragraph (1); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(17) G

REENHOUSE POLICY

.—

‘‘(A) I

N GENERAL

.—

‘‘(i) R

ESEARCH AND DEVELOPMENT

.—The Corpora-

tion shall carry out research and development, or offer

to enter into 1 or more contracts with 1 or more quali-

fied persons to carry out research and development, re-

garding a policy to insure in a controlled environment

such as a greenhouse—

‘‘(I) the production of floriculture, nursery, and

bedding plants;

‘‘(II) the establishment of cuttings or tissue cul-

ture in a growing medium; or

‘‘(III) other similar production, as determined

by the Secretary.

‘‘(ii) A

VAILABILITY OF POLICY

.—Notwithstanding

the last sentence of section 508(a)(1), and section

508(a)(2), the Corporation shall make a policy de-

scribed in clause (i) available if the requirements of

section 508(h) are met.

‘‘(B) R

ESEARCH AND DEVELOPMENT DESCRIBED

.—Re-

search and development described in subparagraph (A)(i)

454

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

shall evaluate the effectiveness of policies for the production

of plants in a controlled environment, including policies

that—

‘‘(i) are based on the risk of—

‘‘(I) plant diseases introduced from the envi-

ronment;

‘‘(II) contaminated cuttings, seedlings, or tis-

sue culture; or

‘‘(III) Federal or State quarantine or destruc-

tion orders associated with the contaminated items

described in subclause (II);

‘‘(ii) consider other causes of loss applicable to a

controlled environment, such as a loss of electricity due

to weather;

‘‘(iii) consider appropriate best practices to mini-

mize the risk of loss;

‘‘(iv) consider whether to provide coverage for var-

ious types of plants under 1 policy or to provide cov-

erage for 1 species or type of plant per policy;

‘‘(v) have streamlined reporting and paperwork re-

quirements that take into account short propagation

schedules, variable crop years, and the variety of

plants that may be produced in a single facility; and

‘‘(vi) provide protection for revenue losses.

‘‘(C) R

EPORT

.—Not later than 2 years after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report that

describes—

‘‘(i) the results of the research and development

carried out under subparagraphs (A)(i) and (B); and

‘‘(ii) any recommendations with respect to those re-

sults.

‘‘(18) L

OCAL FOODS

.—

‘‘(A) I

N GENERAL

.—

‘‘(i) F

EASIBILITY STUDY

.—The Corporation shall

carry out a study to determine the feasibility of, or offer

to enter into 1 or more contracts with 1 or more quali-

fied persons to carry out a study to determine the feasi-

bility of, a policy to insure production—

‘‘(I) of floriculture, fruits, vegetables, poultry,

livestock, or the products of floriculture, fruits,

vegetables, poultry, or livestock; and

‘‘(II) that is targeted toward local consumers

and markets.

‘‘(ii) A

VAILABILITY OF POLICY

.—Notwithstanding

the last sentence of section 508(a)(1), and section

508(a)(2), the Corporation shall make available a pol-

icy described in clause (i) if—

‘‘(I) the results of the feasibility study under

clause (i) are viable; and

‘‘(II) the requirements of section 508(h) are

met.

455

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

‘‘(B) F

EASIBILITY STUDY DESCRIBED

.—The feasibility

study described in subparagraph (A)(i) shall evaluate the

effectiveness of policies for production targeted toward local

consumers and markets, including policies that—

‘‘(i) consider small-scale production in various

areas, including urban, suburban, and rural areas;

‘‘(ii) consider a variety of marketing strategies;

‘‘(iii) allow for production in soil and in alternative

systems such as vertical systems, greenhouses, rooftops,

or hydroponic systems;

‘‘(iv) consider the price premium when accounting

for production or revenue losses;

‘‘(v) consider whether to provide coverage—

‘‘(I) for various types of production under 1

policy; and

‘‘(II) for 1 species or type of plant per policy;

and

‘‘(vi) have streamlined reporting and paperwork re-

quirements.

‘‘(C) R

EPORT

.—Not later than 2 years after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report

that—

‘‘(i) examines whether a version of existing policies

such as the whole-farm revenue protection insurance

plan may be tailored to provide improved coverage for

producers of local foods;

‘‘(ii) describes the results of the feasibility study

carried out under subparagraph (A)(i); and

‘‘(iii) includes any recommendations with respect to

those results.

‘‘(19) H

IGH

RISK

HIGHLY PRODUCTIVE BATTURE LAND POL

ICY

.—

‘‘(A) I

N GENERAL

.—

‘‘(i) R

ESEARCH AND DEVELOPMENT

.—The Corpora-

tion shall carry out research and development, or offer

to enter into 1 or more contracts with 1 or more quali-

fied persons to carry out research and development, re-

garding a policy to insure producers of corn, cotton,

and soybeans—

‘‘(I) with operations on highly productive

batture land within the Lower Mississippi River

Valley;

‘‘(II) that have a history of production of not

less than 5 years; and

‘‘(III) that have been impacted by more fre-

quent flooding over the past 10 years due to sedi-

mentation or federally constructed engineering im-

provements.

‘‘(ii) A

VAILABILITY OF POLICY

.—Notwithstanding

the last sentence of section 508(a)(1), and section

508(a)(2), the Corporation shall make a policy de-

456

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

scribed in clause (i) available if the requirements of

section 508(h) are met.

‘‘(B) R

ESEARCH AND DEVELOPMENT DESCRIBED

.—Re-

search and development described in subparagraph (A)(i)

shall evaluate the feasibility of less cost-prohibitive policies

for batture-land producers in high risk areas, including

policies that—

‘‘(i) consider premium rate adjustments;

‘‘(ii) consider automatic yield exclusion for consecu-

tive-year losses; and

‘‘(iii) allow for flexibility of final plant dates and

prevent plant regulations.

‘‘(C) R

EPORT

.—Not later than 2 years after the date of

enactment of the Agriculture Improvement Act of 2018, the

Corporation shall submit to the Committee on Agriculture

of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report

that—

‘‘(i) examines whether a version of existing policies

may be tailored to provide improved coverage for

batture-land producers;

‘‘(ii) describes the results of the research and devel-

opment carried out under subparagraphs (A) and (B);

and

‘‘(iii) includes any recommendations with respect to

those results.’’.

SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT.

Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.

1522(e)(2)(A)) is amended—

(1) by striking ‘‘not more than $12,500,000 for fiscal year

2008 and each subsequent fiscal year.’’ and inserting the fol-

lowing: ‘‘not more than—

‘‘(i) $12,500,000 for each of fiscal years 2008

through 2018; and’’; and

(2) by adding at the end the following:

‘‘(ii) $8,000,000 for fiscal year 2019 and each fiscal

year thereafter.’’.

SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS.

Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.

1523(i)(3)(A)) is amended by adding a period at the end.

SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE.

(a) E

DUCATION

SSISTANCE

.—Section 524(a) of the Federal

Crop Insurance Act (7 U.S.C. 1524(a)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘paragraph (5)’’ and all that follows through ‘‘the Sec-

retary’’ in subparagraph (B) and inserting ‘‘paragraph (4),

the Secretary’’; and

(B) by striking ‘‘paragraph (3)’’ and inserting ‘‘para-

graph (2)’’;

(2) by striking paragraph (2);

(3) by redesignating paragraphs (3) through (5) as para-

graphs (2) through (4), respectively;

457

O:\ELT\ELT18A60.xml [file 12 of 13] S.L.C.

(4) in paragraph (2) (as so redesignated), in subparagraph

(A)—

(A) by striking ‘‘about the full range of’’ and inserting

‘‘and providing technical assistance to agricultural pro-

ducers on a full range of farm viability and’’;

(B) by inserting ‘‘business planning, enterprise anal-

ysis, transfer and succession planning, management coach-

ing, market assessment, cash flow analysis,’’ after ‘‘insur-

ance,’’; and

‘‘benchmarking,’’;

(5) in paragraph (3) (as so redesignated)—

(A) in the matter preceding subparagraph (A)—

(i) by striking ‘‘programs established under para-

graphs (2) and (3)’’ and inserting ‘‘program established

under paragraph (2)’’;

(ii) by inserting ‘‘farm viability and’’ after ‘‘empha-

sis on’’; and

(iii) by inserting ‘‘, business planning and tech-

nical assistance, market assessment, transfer and suc-

cession planning, and crop insurance participation’’

after ‘‘benchmarking’’;

(B) in subparagraph (D)(i), by striking ‘‘and’’ at the

end; and

lowing:

‘‘(iii) are converting production and marketing sys-

tems to pursue new markets; and

‘‘(E) producers that are underserved by the Federal

crop insurance program established under this subtitle, as

determined by the Corporation.’’; and

(6) in paragraph (4) (as so redesignated)—

(A) in the matter preceding subparagraph (A), by strik-

ing ‘‘transferred’’ and all that follows through ‘‘for the part-

nerships’’ in subparagraph (B) and inserting ‘‘transferred

for the partnerships’’;

(B) by striking ‘‘paragraph (3), $5,000,000 for fiscal

year 2001’’ and inserting ‘‘paragraph (2), $10,000,000 for

fiscal year 2019’’; and

of which not less than $5,000,000 shall be used to carry out

paragraph (3)(E).’’.

(b) C

ONFORMING

MENDMENTS

.—Section 251(f)(1)(D)(ii) of the

Department of Agriculture Reorganization Act of 1994 (7 U.S.C.

6971(f)(1)(D)(ii)) is amended—

(1) by striking ‘‘section 524(a)(3)’’ and inserting ‘‘section

524(a)’’; and

(2) by striking ‘‘(7 U.S.C. 1524(a)(3))’’ and inserting ‘‘(7

U.S.C. 1524(a))’’.

SEC. 11126. REPEAL OF CROPLAND REPORT ANNUAL UPDATES.

Section 11014 of the Agricultural Act of 2014 (Public Law 113–

79; 128 Stat. 963) is amended by striking subsection (c).

458

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

TITLE XII—MISCELLANEOUS

Subtitle A—Livestock

SEC. 12101. ANIMAL DISEASE PREVENTION AND MANAGEMENT.

(a) D

EFINITION

.—Section 10403 of the Animal Health Protection

Act (7 U.S.C. 8302) is amended by adding at the end the following:

‘‘(18) V

ETERINARY COUNTERMEASURE

.—The term ‘veterinary

countermeasure’ means any biological product (including an

animal vaccine or diagnostic), pharmaceutical product (includ-

ing a therapeutic), non-pharmaceutical product (including a

disinfectant), or other product or equipment to prevent, detect,

respond to, or mitigate harm to public or animal health result-

ing from, animal pests or diseases.’’.

(b) A

NIMAL

ISEASE

REPAREDNESS AND

ESPONSE

.—Section

10409A of the Animal Health Protection Act (7 U.S.C. 8308A) is

amended—

(1) by striking the section heading and inserting ‘‘

ANIMAL

DISEASE PREVENTION AND MANAGEMENT

’’;

(2) in subsection (a), by striking ‘‘(a) D

EFINITION OF

LIGI

BLE

ABORATORY

.—In this section,’’ and inserting the following:

‘‘(a) N

ATIONAL

NIMAL

EALTH

ABORATORY

ETWORK

.—

‘‘(1) D

EFINITION OF ELIGIBLE LABORATORY

.—In this sub-

section,’’;

(3) in subsection (b)—

(A) in paragraph (2), by redesignating subparagraphs

(A) through (E) as clauses (i) through (v), respectively, and

moving the margins of such clauses (as so redesignated) 2

ems to the right;

(B) by redesignating paragraphs (1) through (3) as sub-

paragraphs (A) through (C), respectively, and moving the

margins of such subparagraphs (as so redesignated) 2 ems

to the right;

(4) by redesignating subsections (b) and (c) as paragraphs

(2) and (3), respectively, and moving the margins of such para-

graphs (as so redesignated) 2 ems to the right; and

(5) by adding at the end the following:

‘‘(b) N

ATIONAL

NIMAL

ISEASE

REPAREDNESS AND

ESPONSE

ROGRAM

.—

‘‘(1) P

ROGRAM REQUIRED

.—The Secretary shall establish a

program, to be known as the National Animal Disease Pre-

paredness and Response Program (referred to in this section as

‘the Program’), to address the increasing risk of the introduction

and spread within the United States of animal pests and dis-

eases affecting the economic interests of the livestock and re-

lated industries of the United States, including the mainte-

nance and expansion of export markets.

‘‘(2) P

ROGRAM ACTIVITIES

.—Activities under the 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 vulner-

able points in the safeguarding continuum.

459

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(D) Enhancing and strengthening threat identification

technology.

‘‘(E) Improving biosecurity.

‘‘(F) Enhancing emergency preparedness and response

capabilities, including training additional emergency re-

sponse personnel.

‘‘(G) Conducting technology development to enhance

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 dis-

ease, including—

‘‘(i) veterinary biologics and diagnostics;

‘‘(ii) animal drugs for minor uses and minor spe-

cies;

‘‘(iii) animal medical devices; and

‘‘(iv) emerging veterinary countermeasures.

‘‘(I) Such other activities as determined appropriate by

the Secretary, in consultation with eligible entities specified

in paragraph (3).

‘‘(3) E

LIGIBLE ENTITIES

.—To carry out the Program, the

Secretary shall offer to enter into cooperative agreements or

other legal instruments, as authorized under section 10413 (re-

ferred to in this section as ‘agreements’) with eligible entities, to

be selected by the Secretary, which may include any of the fol-

lowing entities, either individually or in combination:

‘‘(A) A State department of agriculture.

‘‘(B) The office of the chief animal health official of a

State.

‘‘(C) An entity eligible to receive funds under a capacity

and infrastructure program (as defined in section

251(f)(1)(C) of the Department of Agriculture Reorganiza-

tion Act of 1994 (7 U.S.C. 6971(f)(1)(C))).

‘‘(D) A college of veterinary medicine, including a vet-

erinary emergency team at such college.

‘‘(E) A State or national livestock producer organiza-

tion with direct and significant economic interest in live-

stock production.

‘‘(F) A State emergency agency.

‘‘(G) A State, national, allied, or regional veterinary or-

ganization or specialty board recognized by the American

Veterinary Medical Association.

‘‘(H) An Indian Tribe.

‘‘(I) A Federal agency.

‘‘(4) S

PECIAL FUNDING CONSIDERATIONS

.—In entering into

agreements under this subsection, the Secretary shall give pri-

ority 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 ac-

tivities in a State or region in which—

‘‘(i) an animal pest or disease is a Federal concern;

460

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(ii) the Secretary determines a potential exists 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 pest or dis-

ease in the State or region, such as the climate,

natural resources, and geography of, and native

and exotic wildlife species and other disease vec-

tors in, the State or region; and

‘‘(III) the movement of animals in the State or

region.

‘‘(5) C

ONSULTATION

.—For purposes of setting priorities

under this subsection, the Secretary shall consult with eligible

entities specified in paragraph (3). The Federal Advisory Com-

mittee Act (5 U.S.C. App.) shall not apply to consultation car-

ried out under this paragraph.

‘‘(6) A

PPLICATION

.—

‘‘(A) I

N GENERAL

.—An eligible entity specified in para-

graph (3) seeking to enter into an agreement under the Pro-

gram shall submit to the Secretary an application con-

taining such information as the Secretary may require.

‘‘(B) N

OTIFICATION

.—The Secretary shall notify each

applicant of—

‘‘(i) the requirements to be imposed on the eligible

entity that is the recipient of funds under the Program

for auditing of, and reporting on, the use of such

funds; and

‘‘(ii) the criteria to be used to ensure activities sup-

ported using such funds are based on sound scientific

data or thorough risk assessments.

‘‘(C) N

FEDERAL CONTRIBUTIONS

.—When deciding

whether to enter into an agreement under the Program with

an eligible entity described in paragraph (3), the Sec-

retary—

‘‘(i) may take into consideration an eligible entity’s

ability to contribute non-Federal funds to carry out

such an agreement; and

‘‘(ii) shall not require such an eligible entity to

make such a contribution as a condition to enter into

an agreement.

‘‘(7) U

SE OF FUNDS

.—

‘‘(A) U

SE CONSISTENT WITH TERMS OF COOPERATIVE

AGREEMENT

.—The recipient of funds under the Program

shall use the funds for the purposes and in the manner pro-

vided in the agreement under which the funds are pro-

vided.

‘‘(B) S

AGREEMENT

.—Nothing in this section pre-

vents an eligible entity from using funds received under the

Program to enter into sub-agreements with another eligible

entity or with a political subdivision of a State that has

legal responsibilities relating to animal disease prevention,

surveillance, or rapid response.

‘‘(8) R

EPORTING REQUIREMENT

.—Not later than 90 days

after the date of completion of an activity conducted using

461

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

funds provided under the Program, the recipient of such funds

shall submit to the Secretary a report that describes the pur-

poses and results of the activities.’’.

ATIONAL

NIMAL

ACCINE AND

ETERINARY

OUNTER

MEASURES

ANK

.—Section 10409A of the Animal Health Protection

Act (7 U.S.C. 8308A), as amended by subsection (b), is further

amended by inserting after subsection (b) (as added by subsection

(b)(5) of this section) the following:

‘‘(c) N

ATIONAL

NIMAL

ACCINE

ANK

.—

‘‘(1) E

STABLISHMENT

.—The Secretary shall establish a na-

tional animal vaccine and veterinary countermeasures bank (to

be known as the National Animal Vaccine and Veterinary

Countermeasures Bank and referred to in this subsection as the

‘Vaccine Bank’) to benefit the domestic interests of the United

States.

‘‘(2) E

LEMENTS OF VACCINE BANK

.—Through the Vaccine

Bank, the Secretary shall—

‘‘(A) maintain sufficient quantities of veterinary coun-

termeasures to appropriately and rapidly respond to the

most damaging animal diseases affecting or with potential

to affect human health or the economy of the United States;

and

‘‘(B) leverage, when appropriate, the mechanisms and

infrastructure that have been developed for the manage-

ment, storage, and distribution of the National Veterinary

Stockpile.

‘‘(3) P

RIORITY FOR RESPONSE TO FOOT AND MOUTH DIS

EASE

.—The Secretary shall prioritize the acquisition and main-

tenance of sufficient quantities of foot and mouth disease vac-

cine and accompanying diagnostic products for the Vaccine

Bank. As part of such prioritization, the Secretary may offer to

enter into one or more contracts with one or more entities that

are capable of producing foot and mouth disease vaccine and

that have surge production capacity of the vaccine.’’.

(d) F

UNDING

.—Section 10409A of the Animal Health Protection

Act (7 U.S.C. 8308A), as amended by subsections (b) and (c), is fur-

ther amended by striking subsection (d) and inserting the following:

‘‘(d) F

UNDING

.—

‘‘(1) M

ANDATORY FUNDING

.—

‘‘(A) F

ISCAL YEARS

2019

THROUGH

2022.—Of the funds

of the Commodity Credit Corporation, the Secretary shall

make available to carry out this section $120,000,000 for

the period of fiscal years 2019 through 2022, of which not

less than $5,000,000 shall be made available for each of

those fiscal years to carry out subsection (b).

‘‘(B) S

UBSEQUENT FISCAL YEARS

.—Of the funds of the

Commodity Credit Corporation, the Secretary shall make

available to carry out this section $30,000,000 for fiscal

year 2023 and each fiscal year thereafter, of which not less

than $18,000,000 shall be made available for each of those

fiscal years to carry out subsection (b).

‘‘(2) A

UTHORIZATION OF APPROPRIATIONS

.—

‘‘(A) N

ATIONAL ANIMAL HEALTH LABORATORY NET

WORK

.—In addition to the funds made available under

paragraph (1), there is authorized to be appropriated

462

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

$30,000,000 for each of fiscal years 2019 through 2023 to

carry out subsection (a).

‘‘(B) N

ATIONAL ANIMAL DISEASE PREPAREDNESS AND RE

SPONSE PROGRAM

;

NATIONAL ANIMAL VACCINE AND VETERI

NARY COUNTERMEASURES BANK

.—In addition to the funds

made available under paragraph (1), there is authorized to

be appropriated such sums as are necessary for each of fis-

cal years 2019 through 2023 to carry out subsections (b)

and (c).

‘‘(C) A

DDITIONALITY

.—The funds authorized for appro-

priation under this paragraph are in addition to any funds

authorized or otherwise made available under this section

or section 10417.

‘‘(3) A

DMINISTRATIVE COSTS

.—

‘‘(A) S

ECRETARY

.—Of the funds made available under

this section or section 10417 to carry out the National Ani-

mal Health Laboratory Network under subsection (a) and

the National Animal Disease Preparedness and Response

Program under subsection (b), not more than 4 percent may

be retained by the Secretary to pay administrative costs in-

curred by the Secretary.

‘‘(B) E

LIGIBLE ENTITIES

.—Of the funds made available

under this section or section 10417 to carry out the Na-

tional Animal Disease Preparedness and Response Program

under subsection (b), not more than 10 percent may be re-

tained by an eligible entity that receives funds under any

agreement entered into under such subsection, including

any sub-agreement under paragraph (7)(B) of such sub-

section to pay administrative costs incurred by the eligible

entity to carry out activities under the Program.

‘‘(4) D

URATION OF AVAILABILITY

.—Funds made available

under this subsection, including any proceeds credited under

paragraph (5), shall remain available until expended.

‘‘(5) P

ROCEEDS FROM VETERINARY COUNTERMEASURES

SALES

.—Any proceeds of a sale of veterinary countermeasures

from the Vaccine Bank shall be—

‘‘(A) deposited into the Treasury of the United States;

and

‘‘(B) credited to the account for the operation of the

Vaccine Bank to be made available for expenditure without

further appropriation.

‘‘(6) L

IMITATIONS ON USE OF FUNDS FOR CERTAIN PUR

POSES

.—Funds made available under the National Animal

Health Laboratory Network, the National Animal Disease Pre-

paredness and Response Program, and the Vaccine Bank shall

not be used for the construction of a new building or facility or

the acquisition or expansion of an existing building or facility,

including site grading and improvement and architect fees.

‘‘(e) A

VAILABILITY AND

URPOSE OF

UNDING

.—

‘‘(1) I

N GENERAL

.—Using the funds made available under

subsection (d), the Secretary of Agriculture shall offer to enter

into contracts, grants, cooperative agreements, or other legal in-

struments under subsections (a) through (c) during each of the

fiscal years 2019 through 2023.

463

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(2) E

FFECT

.—Nothing in paragraph (1) shall be construed

to terminate a contract, grant, cooperative agreement, or other

legal instrument entered into during the period specified in

such paragraph.’’.

SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.

Section 209(c) of the Agricultural Marketing Act of 1946 (7

U.S.C. 1627a(c)) is amended by striking ‘‘$1,500,000 for fiscal year

2014’’ and inserting ‘‘$2,000,000 for fiscal year 2019’’.

SEC. 12103. FEASIBILITY STUDY ON LIVESTOCK DEALER STATUTORY

TRUST.

(a) I

ENERAL

.—The Secretary shall conduct a study to deter-

mine the feasibility of establishing a livestock dealer statutory trust.

(b) C

ONTENTS

.—The study conducted under subsection (a)

shall—

(1) analyze how the establishment of a livestock dealer stat-

utory trust would affect buyer and seller behavior in markets

for livestock (as defined in section 2(a) of the Packers and

Stockyards Act, 1921 (7 U.S.C. 182));

(2) examine how the establishment of a livestock dealer

statutory trust would affect seller recovery in the event of a live-

stock dealer payment default;

(3) consider what potential effects a livestock dealer statu-

tory trust would have on credit availability, including impacts

on lenders and lending behavior and other industry partici-

pants;

(4) examine unique circumstances common to livestock

dealers and how those circumstances could impact the

functionality of a livestock dealer statutory trust;

(5) study the feasibility of the industry-wide adoption of

electronic funds transfer or another expeditious method of pay-

ment to provide sellers of livestock protection from nonsufficient

funds payments;

(6) assess the effectiveness of statutory trusts in other seg-

ments of agriculture, whether similar effects could be experi-

enced under a livestock dealer statutory trust, and whether au-

thorizing the Secretary to appoint an independent trustee under

the livestock dealer statutory trust would improve seller recov-

ery;

(7) consider the effects of exempting dealers with average

annual purchases under a de minimis threshold from being

subject to the livestock dealer statutory trust; and

(8) analyze how the establishment of a livestock dealer stat-

utory trust would affect the treatment of sellers of livestock as

it relates to preferential transfer in bankruptcy.

EPORT

.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall submit to the Committee on Agri-

culture of the House of Representatives and the Committee on Agri-

culture, Nutrition, and Forestry of the Senate a report describing

the findings of the study conducted under subsection (a).

SEC. 12104. DEFINITION OF LIVESTOCK.

Section 602(2) of the Emergency Livestock Feed Assistance Act

of 1988 (7 U.S.C. 1471(2)) is amended in the matter preceding sub-

paragraph (A) by striking ‘‘fish’’ and all that follows through

464

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘that—’’ and inserting ‘‘llamas, alpacas, live fish, crawfish, and

other animals that—’’.

SEC. 12105. NATIONAL AQUATIC ANIMAL HEALTH PLAN.

Section 11013 of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 8322) is amended—

(1) by striking subsection (d); and

(2) by redesignating subsection (e) as subsection (d).

SEC. 12106. VETERINARY TRAINING.

Section 10504 of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 8318) is amended—

(1) by inserting ‘‘and veterinary teams, including those

based at colleges of veterinary medicine,’’ after ‘‘veterinarians’’;

and

(2) by inserting before the period at the end the following:

‘‘and who are capable of providing effective services before, dur-

ing, and after emergencies’’.

SEC. 12107. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL

MEAT PROCESSORS.

(a) I

ENERAL

.—The Secretary shall offer to enter into a con-

tract with a land-grant college or university or a non-land-grant

college of agriculture (as those terms are defined in section 1404 of

the National Agricultural Research, Extension, and Teaching Policy

Act of 1977 (7 U.S.C. 3101)) to review the effectiveness of existing

Food Safety and Inspection Service guidance materials and other

tools used by small and very small establishments, as defined by

regulations issued by the Food Safety and Inspection Service, oper-

ating under Federal inspection, as in effect on the date of enactment

of this Act, including—

(1) the effectiveness of the outreach conducted by the Food

Safety and Inspection Service to small and very small establish-

ments;

(2) the effectiveness of the guidance materials and other

tools used by the Food Safety and Inspection Service to assist

small and very small establishments; and

(3) the responsiveness of Food Safety and Inspection Service

personnel to inquiries and issues from small and very small es-

tablishments.

(b) R

EPORT

.—Not later than 1 year after the date of the enact-

ment of this Act, the Secretary shall submit to the Committee on Ag-

riculture of the House of Representatives and the Committee on Ag-

riculture, Nutrition, and Forestry of the Senate a report that de-

scribes—

(1) the results of the review conducted under subsection (a);

and

(2) recommendations on measures the Food Safety and In-

spection Service should take to improve regulatory clarity and

consistency and ensure all guidance materials and other tools

take into account small and very small establishments.

SEC. 12108. REGIONAL CATTLE AND CARCASS GRADING CORRELATION

AND TRAINING CENTERS.

(a) I

ENERAL

.—The Secretary shall establish not more than

3 regional centers, to be known as Cattle and Carcass Grading Cor-

relation and Training Centers (referred to in this section as the

‘‘Centers’’), to provide education and training for cattle and carcass

465

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

beef graders of the Agricultural Marketing Service, cattle producers,

and other professionals involved in the reporting, delivery, and

grading of feeder cattle, live cattle, and carcasses—

(1) to limit the subjectivity in the application of beef grad-

ing standards;

(2) to provide producers with greater confidence in the price

of the producers’ cattle; and

(3) to provide investors with both long and short positions

more assurance in the cattle delivery system.

(b) L

OCATION

.—The Centers shall be located near cattle feeding

and slaughter populations and areas shall be strategically identi-

fied in order to capture regional variances in cattle production.

DMINISTRATION

.—Each Center shall be organized and ad-

ministered by offices of the Department of Agriculture in operation

on the date on which the respective Center is established, or in co-

ordination with other appropriate Federal agencies or academic in-

stitutions.

(d) T

RAINING

ROGRAM

.—The Centers shall offer intensive in-

structional programs involving classroom and field training work

for individuals described in subsection (a).

(e) C

OORDINATION OF

ESOURCES

.—Each Center, in carrying

out the functions of the Center, shall make use of information gen-

erated by the Department of Agriculture, the State agricultural ex-

tension and research stations, relevant designated contract markets,

and the practical experience of area cattle producers, especially cat-

tle producers cooperating in on-farm demonstrations, correlations,

and research projects.

(f) P

ROHIBITION ON

ONSTRUCTION

.—Funds made available to

carry out this section shall not be used for the construction of a new

building or facility or the acquisition, expansion, remodeling, or al-

teration of an existing building or facility (including site grading

and improvement, and architect fees). Notwithstanding the pre-

ceding sentence, the Secretary may use funds made available to

carry out this section to provide a Center with payment for the cost

of the rental of a space determined to be necessary by the Center for

conducting training under this section and may accept donations

(including in-kind contributions) to cover such cost.

Subtitle B—Agriculture and Food Defense

SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.

Section 14111 of the Food, Conservation, and Energy Act of

2008 (7 U.S.C. 8911) is repealed.

SEC. 12202. OFFICE OF HOMELAND SECURITY.

Subtitle A of the Department of Agriculture Reorganization Act

of 1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the

following:

‘‘SEC. 221. OFFICE OF HOMELAND SECURITY.

‘‘(a) D

EFINITION OF

GRICULTURE AND

OOD

EFENSE

.—In this

section, the term ‘agriculture and food defense’ means any action to

prevent, protect against, mitigate the effects of, respond to, or re-

cover from a naturally occurring, unintentional, or intentional

threat to the agriculture and food system.

466

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(b) A

UTHORIZATION

.—The Secretary shall establish in the De-

partment the Office of Homeland Security.

‘‘(c) E

XECUTIVE

IRECTOR

.—The Office of Homeland Security

shall be headed by an Executive Director, who shall be known as

the Executive Director of Homeland Security.

‘‘(d) D

UTIES

.—The Executive Director of Homeland Security

shall—

‘‘(1) serve as the principal advisor to the Secretary on home-

land security, including emergency management and agri-

culture and food defense;

‘‘(2) coordinate activities of the Department, including poli-

cies, processes, budget needs, and oversight relating to home-

land security, including emergency management and agri-

culture and food defense;

‘‘(3) act as the primary liaison on behalf of the Department

with other Federal departments and agencies in activities relat-

ing to homeland security, including emergency management

and agriculture and food defense, and provide for interagency

coordination and data sharing;

‘‘(4)(A) coordinate in the Department the gathering of infor-

mation relevant to early warning and awareness of threats and

risks to the food and agriculture critical infrastructure sector;

and

‘‘(B) share that information with, and provide assistance

with interpretation and risk characterization of that informa-

tion to, the intelligence community (as defined in section 3 of

the National Security Act of 1947 (50 U.S.C. 3003)), law en-

forcement agencies, the Secretary of Defense, the Secretary of

Homeland Security, the Secretary of Health and Human Serv-

ices, and State fusion centers (as defined in section 210A(j) of

the Homeland Security Act of 2002 (6 U.S.C. 124h(j));

‘‘(5) liaise with the Director of National Intelligence to as-

sist in the development of periodic assessments and intelligence

estimates, or other intelligence products, that support the de-

fense of the food and agriculture critical infrastructure sector;

‘‘(6) coordinate the conduct, evaluation, and improvement of

exercises to identify and eliminate gaps in preparedness and re-

sponse;

‘‘(7) produce a Department-wide centralized strategic co-

ordination plan to provide a high-level perspective of the oper-

ations of the Department relating to homeland security, includ-

ing emergency management and agriculture and food defense;

and

‘‘(8) carry out other appropriate duties, as determined by

the Secretary.

‘‘(e) A

GRICULTURE AND

OOD

HREAT

WARENESS

ARTNERSHIP

ROGRAM

.—

‘‘(1) I

NTERAGENCY EXCHANGE PROGRAM

.—The Secretary, in

partnership with the intelligence community (as defined in sec-

tion 3 of the National Security Act of 1947 (50 U.S.C. 3003))

and fusion centers (as defined in section 210A(j) of the Home-

land Security Act of 2002 (6 U.S.C. 124h(j)) that have analysis

and intelligence capabilities relating to the defense of the food

and agriculture critical infrastructure sector, shall establish

and carry out an interagency exchange program of personnel

467

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

and information to improve communication and analysis for

the defense of the food and agriculture critical infrastructure

sector.

‘‘(2) C

OLLABORATION WITH FEDERAL

STATE

AND LOCAL AU

THORITIES

.—To carry out the program established under para-

graph (1), the Secretary may—

‘‘(A) enter into 1 or more cooperative agreements or con-

tracts with Federal, State, or local authorities that have

analysis and intelligence capabilities and expertise relating

to the defense of the food and agriculture critical infra-

structure sector; and

‘‘(B) carry out any other activity under any other au-

thority of the Secretary that is appropriate to engage the

authorities described in subparagraph (A) for the defense of

the food and agriculture critical infrastructure sector, as

determined by the Secretary.’’.

SEC. 12203. AGRICULTURE AND FOOD DEFENSE.

(a) D

EFINITIONS

.—In this section:

(1) A

NIMAL

.—The term ‘‘animal’’ has the meaning given the

term in section 10403 of the Animal Health Protection Act (7

U.S.C. 8302).

(2) D

ISEASE OR PEST OF CONCERN

.—The term ‘‘disease or

pest of concern’’ means a plant or animal disease or pest that—

(A) is—

(i) a transboundary disease; or

(ii) an established disease; and

(B) is likely to pose a significant risk to the food and

agriculture critical infrastructure sector that warrants ef-

forts at prevention, protection, mitigation, response, and re-

covery.

(3) E

STABLISHED DISEASE

.—The term ‘‘established disease’’

means a plant or animal disease or pest that—

(A)(i) if it becomes established, poses an imminent

threat to agriculture in the United States; or

(ii) has become established, as defined by the Secretary,

within the United States; and

(B) requires management.

(4) H

IGH

CONSEQUENCE PLANT TRANSBOUNDARY DISEASE

.—

The term ‘‘high-consequence plant transboundary disease’’

means a transboundary disease that is—

(A)(i) a plant disease; or

(ii) a plant pest; and

(B) of high consequence, as determined by the Sec-

retary.

(5) P

EST

.—The term ‘‘pest’’—

(A) with respect to a plant, has the meaning given the

term ‘‘plant pest’’ in section 403 of the Plant Protection Act

(7 U.S.C. 7702); and

(B) with respect to an animal, has the meaning given

the term in section 10403 of the Animal Health Protection

Act (7 U.S.C. 8302).

(6) P

LANT

.—The term ‘‘plant’’ has the meaning given the

term in section 403 of the Plant Protection Act (7 U.S.C. 7702).

(7) P

LANT HEALTH MANAGEMENT STRATEGY

.—The term

‘‘plant health management strategy’’ means a strategy to timely

468

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

control and eradicate a plant disease or plant pest outbreak, in-

cluding through mitigation (such as chemical control), surveil-

lance, the use of diagnostic products and procedures, and the

use of existing resistant seed stock.

(8) T

RANSBOUNDARY DISEASE

.—

(A) I

N GENERAL

.—The term ‘‘transboundary disease’’

means a plant or animal disease or pest that is within 1

or more countries outside of the United States.

(B) I

NCLUSION

.—The term ‘‘transboundary disease’’ in-

cludes a plant or animal disease or pest described in sub-

paragraph (A) that—

(i) has emerged within the United States; or

(ii) has been introduced within the United States.

(9) V

ETERINARY COUNTERMEASURE

.—The term ‘‘veterinary

countermeasure’’ has the meaning given such term in section

10403 of the Animal Health Protection Act (7 U.S.C. 8302).

(b) D

ISEASE OR

EST OF

ONCERN

ESPONSE

LANNING

.—

(1) I

N GENERAL

.—The Secretary shall—

(A) establish a list of diseases or pests of concern by—

(i) developing a process to solicit and receive expert

opinion and evidence relating to the diseases or pests

of concern entered on the list; and

(ii) reviewing all available evidence relating to the

diseases or pests of concern entered on the list, includ-

ing classified information; and

(B) periodically update the list established under sub-

paragraph (A).

(2) R

ESPONSE PLANS

.—

(A) C

OMPREHENSIVE STRATEGIC RESPONSE PLAN OR

PLANS

.—The Secretary shall develop, in collaboration with

appropriate Federal, State, regional, and local officials, a

comprehensive strategic response plan or plans, as appro-

priate, for the diseases or pests of concern that are entered

on the list established under paragraph (1).

(B) S

TATE OR REGION RESPONSE PLAN OR PLANS

.—The

Secretary shall provide information to a State or region to

assist in producing a response plan or plans that shall in-

clude a concept of operations for a disease or pest of con-

cern or a platform concept of operations for responses to

similar diseases or pests of concern that are determined to

be a priority to the State or region that shall, as appro-

priate—

(i) describe the appropriate interactions among,

and roles of—

(I) Federal, State, Tribal, and units of local

government; and

(II) plant or animal industry partners;

(ii) include a decision matrix or dynamic decision

modeling tools that, as appropriate, include—

(I) information and timing requirements nec-

essary for the use of veterinary countermeasures;

(II) plant health management strategies;

(III) deployment of other key materials and re-

sources; and

469

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(IV) parameters for transitioning from out-

break response to disease management;

(iii) identify key response performance metrics to

establish—

(I) benchmarking to provide assessments of ca-

pabilities, capacity, and readiness to achieve re-

sponse goals and objectives;

(II) progressive exercise evaluation; and

(III) continuing improvement of a response

plan, including by providing for—

(aa) ongoing exercises;

(bb) improvement planning and the imple-

mentation of corrective actions to enhance a

response plan over time; and

(cc) strategic information to guide invest-

ment in any appropriate research to mitigate

the risk of a disease or pest of concern; and

(iv) be updated periodically, including in response

to—

(I) an exercise evaluation; or

(II) new risk information becoming available

regarding a disease or pest of concern.

(3) C

OORDINATION OF PLANS

.—Pursuant to section 221(d)(6)

of the Department of Agriculture Reorganization Act of 1994, as

added by section 12202, the Secretary shall, as appropriate, as-

sist in coordinating with other appropriate Federal, State, re-

gional, or local officials in the exercising of the plans developed

under paragraph (2).

ATIONAL

LANT

IAGNOSTIC

ETWORK

.—

(1) I

N GENERAL

.—The Secretary shall establish in the De-

partment of Agriculture a National Plant Diagnostic Network

to monitor and surveil through diagnostics threats to plant

health from diseases or pests of concern in the United States.

(2) R

EQUIREMENTS

.—The National Plant Diagnostic Net-

work established under paragraph (1) shall—

(A) provide for increased awareness, surveillance, early

identification, rapid communication, warning, and diag-

nosis of a threat to plant health from a disease or pest of

concern to protect natural and agricultural plant resources;

(B) coordinate and collaborate with agencies of the De-

partment of Agriculture and State agencies and authorities

involved in plant health;

(D) establish regional hubs throughout the United

States that provide expertise, leadership, and support to di-

agnostic labs relating to the agricultural crops and plants

in the covered regions of those hubs; and

(E) establish a national repository for records of en-

demic or emergent diseases and pests of concern.

(3) H

EAD OF NETWORK

.—

(A) I

N GENERAL

.—The Director of the National Insti-

tute of Food and Agriculture shall serve as the head of the

National Plant Diagnostic Network.

(B) D

UTIES

.—The head of the National Plant Diag-

nostic Network shall—

470

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(i) coordinate and collaborate with land-grant col-

leges and universities (as defined in section 1404 of the

National Agricultural Research, Extension, and Teach-

ing Policy Act of 1977 (7 U.S.C. 3103)) in carrying out

the requirements under paragraph (2), including

through cooperative agreements described in para-

graph (4);

(ii) partner with the Administrator of the Animal

and Plant Health Inspection Service for assistance

with plant health regulation and inspection; and

(iii) coordinate with other Federal agencies, as ap-

propriate, in carrying out activities relating to the Na-

tional Plant Diagnostic Network, including the sharing

of biosurveillance information.

(4) C

OLLABORATION WITH LAND

GRANT COLLEGES AND UNI

VERSITIES

.—The Secretary shall seek to establish cooperative

agreements with land-grant colleges and universities (as de-

fined in section 1404 of the National Agricultural Research, Ex-

tension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) that

have the appropriate level of skill, experience, and competence

with plant diseases or pests of concern.

(5) A

UTHORIZATION OF APPROPRIATIONS

.—In addition to the

amount authorized to carry out this subtitle under section

12205, there is authorized to be appropriated to carry out this

subsection $15,000,000 for each of fiscal years 2019 through

2023.

(d) N

ATIONAL

LANT

ISEASE

ECOVERY

YSTEM

.—

(1) R

ECOVERY SYSTEM

.—The Secretary shall establish in

the Department of Agriculture a National Plant Disease Recov-

ery System to engage in strategic long-range planning to recover

from high-consequence plant transboundary diseases.

(2) R

EQUIREMENTS

.—The National Plant Disease Recovery

System established under paragraph (1) shall—

(A) coordinate with disease or pest of concern concept

of operations response plans;

(B) make long-range plans for the initiation of future

research projects relating to high-consequence plant trans-

boundary diseases;

(D) plan for the identification and use of specific

genotypes, cultivars, breeding lines, and other disease-re-

sistant materials necessary for crop stabilization or im-

provement; and

(E) establish a watch list of high-consequence plant

transboundary diseases for the purpose of making long-

range plans under subparagraph (B).

SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.

Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protec-

tion Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended—

(1) in subclause (III), by striking ‘‘and’’ at the end;

(2) by redesignating subclause (IV) as subclause (V); and

(3) by inserting after subclause (III) the following:

‘‘(IV)(aa) whether such inclusion would have a

substantial negative impact on the research and

471

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

development of solutions for the animal or plant

disease caused by the agent or toxin; and

‘‘(bb) whether the negative impact described in

item (aa) would substantially outweigh the risk

posed by the agent or toxin to animal or plant

health if it is not included on the list; and’’.

SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.

In addition to other amounts made available under this sub-

title, there is authorized to be appropriated to carry out this subtitle

$5,000,000 for each of fiscal years 2019 through 2023.

Subtitle C—Historically Underserved

Producers

SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.

(a) R

EPEAL

.—

(1) I

N GENERAL

.—Section 7405 of the Farm Security and

Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.

(2) C

ONFORMING AMENDMENTS

.—

(A) Section 226B(e)(2)(B) of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B))

is amended by striking ‘‘the beginning farmer and rancher

development program established under section 7405 of the

Farm Security and Rural Investment Act of 2002 (7 U.S.C.

3319f).’’ and inserting ‘‘the beginning farmer and rancher

development grant program established under subsection

(d) of section 2501 of the Food, Agriculture, Conservation,

and Trade Act of 1990 (7 U.S.C. 2279).’’.

(B) Section 251(f)(1)(D) of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D))

is amended by striking clause (iv) and inserting the fol-

lowing:

‘‘(iv) The beginning farmer and rancher develop-

ment grant program established under subsection (d) of

section 2501 of the Food, Agriculture, Conservation,

and Trade Act of 1990 (7 U.S.C. 2279).’’.

ergy Act of 2008 (7 U.S.C. 7614c(e)) is amended—

(i) in paragraph (2)(C)—

(I) by striking clause (v);

(II) by redesignating clauses (i) through (iv) as

clauses (ii) through (v), respectively;

(III) by inserting before clause (ii) (as so redes-

ignated) the following:

‘‘(i) each grant and cooperative agreement awarded

under subsection (d) of section 2501 of the Food, Agri-

culture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279);’’;

(IV) in clause (ii) (as so redesignated), by

striking ‘‘450i(b)(2));’’ and inserting ‘‘3157(b)(2));’’;

and

(V) in clause (iv) (as so redesignated), by add-

ing ‘‘and’’ at the end; and

(ii) in paragraph (4)—

472

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(I) by striking subparagraph (E);

(II) by redesignating subparagraphs (A)

through (D) as subparagraphs (B) through (E), re-

spectively;

(III) by inserting before subparagraph (B) (as

so redesignated) the following:

‘‘(A) subsection (d) of section 2501 of the Food, Agri-

culture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279);’’;

(IV) in subparagraph (B) (as so redesignated),

by striking ‘‘450i(b));’’ and inserting ‘‘3157(b));’’;

(V) in subparagraph (D) (as so redesignated),

by adding ‘‘or’’ at the end; and

(VI) in subparagraph (E) (as so redesignated),

by striking ‘‘; or’’ and inserting a period.

(b) O

UTREACH AND

DUCATION FOR

OCIALLY

ISADVANTAGED

ARMERS AND

ANCHERS

, V

ETERAN

ARMERS AND

ANCHERS

AND

EGINNING

ARMERS AND

ANCHERS

.—Section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279)

is amended—

(1) by striking the section heading and inserting ‘‘

FARMING

OPPORTUNITIES TRAINING AND OUTREACH

’’;

(2) by redesignating subsection (i) as paragraph (5) (and

moving the margins of such paragraph 2 ems to the right) and

moving such paragraph (as so redesignated) so as to follow sub-

section (a)(4);

(3) by redesignating subsections (a) (as amended by para-

graph (2)), (b), (c), (d), (e), (g), and (h) as subsections (c), (g),

(k), (h), (a), (i), and (j), respectively, and moving the subsections

so as to appear in alphabetical order;

(4) by moving paragraph (5) of subsection (a) (as so redesig-

nated) so as to appear at the end of subsection (c) (as so redesig-

nated) and redesignating such paragraph as paragraph (6);

(5) in subsection (a) (as so redesignated)—

(A) by striking the subsection designation and heading

and inserting the following:

‘‘(a) D

EFINITIONS

.—In this section:’’;

(B) by redesignating paragraphs (1), (2), (3), (4), and

(6) as paragraphs (6), (5), (1), (3), and (4), respectively, and

moving the paragraphs so as to appear in numerical order;

by striking ‘‘As used in this section, the’’ each place it ap-

pears and inserting ‘‘The’’;

(D) in paragraph (1) (as so redesignated)—

(i) in the paragraph heading, by striking ‘‘

AGRI

CULTURE

’’ and inserting ‘‘

AGRICULTURAL

’’; and

(ii) in the matter preceding subparagraph (A), by

striking ‘‘agriculture’’ and inserting ‘‘agricultural’’; and

(E) by inserting after paragraph (1) (as so redesig-

nated) the following:

‘‘(2) B

EGINNING FARMER OR RANCHER

.—The term ‘beginning

farmer or rancher’ means a person that—

‘‘(A)(i) has not operated a farm or ranch; or

‘‘(ii) has operated a farm or ranch for not more than

10 years; and

473

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(B) meets such other criteria as the Secretary may es-

tablish.’’;

(6) by inserting after subsection (a) (as so redesignated) the

following:

‘‘(b) F

ARMING

PPORTUNITIES

RAINING AND

UTREACH

.—The

Secretary shall carry out this section to encourage and assist so-

cially disadvantaged farmers and ranchers, veteran farmers and

ranchers, and beginning farmers and ranchers in the ownership

and operation of farms and ranches through—

‘‘(1) education and training; and

‘‘(2) equitable participation in all agricultural programs of

the Department.’’;

(7) in subsection (c) (as so redesignated and as amended by

paragraph (4))—

(A) in the subsection heading, by inserting ‘‘

FOR

CIALLY

ISADVANTAGED AND

ETERAN

ARMERS AND

ANCHERS

’’ after ‘‘A

SSISTANCE

’’;

(B) by striking paragraph (4);

paragraphs (2), (3), (4), and (1), respectively, and moving

the paragraphs so as to appear in numerical order;

(D) in paragraph (1) (as so redesignated)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘The term’’ and inserting ‘‘In this subsection,

the term’’;

(ii) in subparagraph (A)(ii), by striking ‘‘subsection

(a)’’ and inserting ‘‘this subsection’’; and

(iii) in subparagraph (F), by striking ‘‘450b))’’ and

inserting ‘‘5304))’’;

(E) in paragraph (2) (as so redesignated)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘The Secretary of Agriculture shall carry out’’

and inserting ‘‘Using funds made available under sub-

section (l), the Secretary of Agriculture shall, for the pe-

riod of fiscal years 2019 through 2023, carry out’’; and

(ii) in subparagraph (B), by striking ‘‘agricultural’’

and inserting ‘‘agricultural, forestry, and related’’;

(iii) by striking ‘‘agricultural’’ and inserting ‘‘agri-

cultural, forestry, and related’’;

(F) in paragraph (3) (as so redesignated), by striking

‘‘(1)’’ in the matter preceding subparagraph (A) and insert-

ing ‘‘(2)’’; and

(G) in paragraph (4) (as so redesignated)—

(i) in subparagraph (A)—

(I) by striking the subparagraph heading and

inserting ‘‘O

UTREACH AND TECHNICAL ASSIST

ANCE

.—’’;

(II) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; and

(III) by inserting ‘‘to socially disadvantaged

farmers and ranchers and veteran farmers and

ranchers’’ after ‘‘assistance’’;

(ii) in subparagraph (C), by striking ‘‘(1)’’ and in-

serting ‘‘(2)’’;

(iii) in subparagraph (D), by adding at the end the

following:

474

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(v) The number of farms or ranches started, main-

tained, or improved as a result of funds made avail-

able under the program.

‘‘(vi) Actions taken by the Secretary in partnership

with eligible entities to enhance participation in agri-

cultural programs by veteran farmers or ranchers and

socially disadvantaged farmers or ranchers.

‘‘(vii) The effectiveness of the actions described in

clause (vi).’’; and

(iv) by adding at the end the following:

‘‘(E) M

AXIMUM TERM AND AMOUNT OF GRANT

CON

TRACT

OR AGREEMENT

.—A grant, contract, or agreement

entered into under subparagraph (A) shall be—

‘‘(i) for a term of not longer than 3 years; and

‘‘(ii) in an amount that is not more than $250,000

for each year of the grant, contract, or agreement.

‘‘(F) P

RIORITY

.—In making grants and entering into

contracts and other agreements under subparagraph (A),

the Secretary shall give priority to nongovernmental and

community-based organizations with an expertise in work-

ing with socially disadvantaged farmers and ranchers or

veteran farmers and ranchers.

‘‘(G) R

EGIONAL BALANCE

.—To the maximum extent

practicable, the Secretary shall ensure the geographical di-

versity of eligible entities to which grants are made and

contracts and other agreements are entered into under sub-

paragraph (A).

‘‘(H) P

ROHIBITION

.—A grant, contract, or other agree-

ment under subparagraph (A) may not be used for the

planning, repair, rehabilitation, acquisition, or construction

of a building or facility.

‘‘(I) P

EER REVIEW

.—The Secretary shall establish a fair

and efficient external peer review process that—

‘‘(i) the Secretary shall use in making grants and

entering into contracts and other agreements under

subparagraph (A); and

‘‘(ii) shall include a broad representation of peers

of the eligible entity.

‘‘(J) I

NPUT FROM ELIGIBLE ENTITIES

.—The Secretary

shall seek input from eligible entities providing technical

assistance under this subsection not less than once each

year to ensure that the program is responsive to the eligible

entities providing that technical assistance.’’;

(8) by inserting after subsection (c) (as so redesignated) the

following:

‘‘(d) B

EGINNING

ARMER AND

ANCHER

EVELOPMENT

RANT

ROGRAM

.—

‘‘(1) I

N GENERAL

.—Using funds made available under sub-

section (l), the Secretary, acting through the Director of the Na-

tional Institute of Food and Agriculture, shall, for the period of

fiscal years 2019 through 2023, make competitive grants or

enter into cooperative agreements to support new and estab-

lished local and regional training, education, outreach, and

technical assistance initiatives to increase opportunities for be-

ginning farmers and ranchers.

475

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(2) I

NCLUDED PROGRAMS AND SERVICES

.—Initiatives de-

scribed in paragraph (1) may include programs or services, as

appropriate, relating to—

‘‘(A) basic livestock, forest management, and crop farm-

ing practices;

‘‘(B) innovative farm, ranch, and private, nonindustrial

forest land transfer and succession strategies;

‘‘(C) entrepreneurship and business training;

‘‘(D) technical assistance to help beginning farmers or

ranchers acquire land from retiring farmers and ranchers;

‘‘(E) financial and risk management training, includ-

ing the acquisition and management of agricultural credit;

‘‘(F) natural resource management and planning;

‘‘(G) diversification and marketing strategies;

‘‘(H) curriculum development;

‘‘(I) mentoring, apprenticeships, and internships;

‘‘(J) resources and referral;

‘‘(K) farm financial benchmarking;

‘‘(L) agricultural rehabilitation and vocational training

for veteran farmers and ranchers;

‘‘(M) farm safety and awareness;

‘‘(N) food safety and recordkeeping; and

‘‘(O) other similar subject areas of use to beginning

farmers and ranchers.

‘‘(3) E

LIGIBILITY

.—

‘‘(A) I

N GENERAL

.—To be eligible to receive a grant or

enter into a cooperative agreement under this subsection,

the recipient of the grant or participant in the cooperative

agreement shall be a collaborative State, Tribal, local, or

regionally-based network or partnership of public or private

entities.

‘‘(B) I

NCLUSIONS

.—A recipient of a grant or a partici-

pant that enters into a cooperative agreement described in

subparagraph (A) may include—

‘‘(i) a State cooperative extension service;

‘‘(ii) a Federal, State, municipal, or Tribal agency;

‘‘(iii) a community-based or nongovernmental orga-

nization;

‘‘(iv) a college or university (including an institu-

tion awarding an associate’s degree) or foundation

maintained by a college or university; or

‘‘(v) any other appropriate partner, as determined

by the Secretary.

‘‘(4) T

ERMS OF GRANTS OR COOPERATIVE AGREEMENT

.—A

grant or cooperative agreement under this subsection shall—

‘‘(A) be for a term of not longer than 3 years; and

‘‘(B) provide not more than $250,000 for each year.

‘‘(5) M

ATCHING REQUIREMENT

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), to be eligible to receive a grant or enter into a coopera-

tive agreement under this subsection, a recipient or partici-

pant shall provide a match in the form of cash or in-kind

contributions in an amount equal to 25 percent of the funds

provided by the grant or cooperative agreement.

476

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(B) E

XCEPTION

.—The Secretary may waive or reduce

the matching requirement in subparagraph (A) if the Sec-

retary determines such a waiver or modification is nec-

essary to effectively reach an underserved area or popu-

lation.

‘‘(6) E

VALUATION CRITERIA

.—In making grants or entering

into cooperative agreements under this subsection, the Secretary

shall evaluate, with respect to applications for the grants or co-

operative agreements—

‘‘(A) relevancy;

‘‘(B) technical merit;

‘‘(C) achievability;

‘‘(D) the expertise and track record of 1 or more appli-

cants;

‘‘(E) the consultation of beginning farmers and ranch-

ers in design, implementation, and decisionmaking relating

to an initiative described in paragraph (1);

‘‘(F) the adequacy of plans for—

‘‘(i) a participatory evaluation process;

‘‘(ii) outcome-based reporting; and

‘‘(iii) the communication of findings and results be-

yond the immediate target audience; and

‘‘(G) other appropriate factors, as determined by the

Secretary.

‘‘(7) R

EGIONAL BALANCE

.—To the maximum extent prac-

ticable, the Secretary shall ensure the geographical diversity of

recipients of grants or participants in cooperative agreements

under this subsection.

‘‘(8) P

RIORITY

.—In making grants or entering into coopera-

tive agreements under this subsection, the Secretary shall give

priority to partnerships and collaborations that are led by or in-

clude nongovernmental, community-based organizations and

school-based educational organizations with expertise in new

agricultural producer training and outreach.

‘‘(9) P

ROHIBITION

.—A grant made or cooperative agreement

entered into under this subsection may not be used for the plan-

ning, repair, rehabilitation, acquisition, or construction of a

building or facility.

‘‘(10) C

OORDINATION PERMITTED

.—A recipient of a grant or

participant in a cooperative agreement under this subsection

may coordinate with a recipient of a grant or cooperative agree-

ment under section 1680 in addressing the needs of veteran

farmers and ranchers with disabilities.

‘‘(11) C

ONSECUTIVE AWARDS

.—A grant or cooperative agree-

ment under this subsection may be made to a recipient or par-

ticipant for consecutive years.

‘‘(12) P

EER REVIEW

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish a fair

and efficient external peer review process, which the Sec-

retary shall use in making grants or entering into coopera-

tive agreements under this subsection.

‘‘(B) R

EQUIREMENT

.—The peer review process under

subparagraph (A) shall include a review panel composed of

a broad representation of peers of the applicant for the

477

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

grant or cooperative agreement that are not applying for a

grant or cooperative agreement under this subsection.

‘‘(13) P

ARTICIPATION BY OTHER FARMERS AND RANCHERS

.—

Nothing in this subsection prohibits the Secretary from allow-

ing a farmer or rancher who is not a beginning farmer or

rancher (including an owner or operator that has ended, or ex-

pects to end within 5 years, active labor in a farming or ranch-

ing operation as a producer, retiring farmers, and non-farming

landowners) from participating in a program or service under

this subsection, to the extent that the Secretary determines that

such participation—

‘‘(A) is appropriate; and

‘‘(B) will not detract from the primary purpose of in-

creasing opportunities for beginning farmers and ranchers.

‘‘(14) E

DUCATION TEAMS

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish begin-

ning farmer and rancher education teams to develop cur-

ricula, conduct educational programs and workshops for

beginning farmers and ranchers in diverse geographical

areas of the United States, or provide training and tech-

nical assistance initiatives for beginning farmers or ranch-

ers or for trainers and service providers that work with be-

ginning farmers or ranchers.

‘‘(B) C

URRICULUM

.—In promoting the development of

curricula, educational programs and workshops, or train-

ing and technical assistance initiatives under subpara-

graph (A), the Secretary shall, to the maximum extent prac-

ticable, include content tailored to specific audiences of be-

ginning farmers and ranchers, based on crop diversity or

regional diversity.

‘‘(C) C

OMPOSITION

.—In establishing an education team

under subparagraph (A) for a specific program or work-

shop, the Secretary shall, to the maximum extent prac-

ticable—

‘‘(i) obtain the short-term services of specialists

with knowledge and expertise in programs serving be-

ginning farmers and ranchers; and

‘‘(ii) use officers and employees of the Department

with direct experience in programs of the Department

that may be taught as part of the curriculum for the

program or workshop.

‘‘(D) C

OOPERATION

.—

‘‘(i) I

N GENERAL

.—In carrying out this subsection,

the Secretary shall cooperate, to the maximum extent

practicable, with—

‘‘(I) State cooperative extension services;

‘‘(II) Federal, State, and Tribal agencies;

‘‘(III) community-based and nongovernmental

organizations;

‘‘(IV) colleges and universities (including an

institution awarding an associate’s degree) or

foundations maintained by a college or university;

and

‘‘(V) other appropriate partners, as determined

by the Secretary.

478

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(ii) C

OOPERATIVE AGREEMENTS

.—The Secretary

may enter into a cooperative agreement to reflect the

terms of any cooperation under subparagraph (A).

‘‘(15) C

URRICULUM AND TRAINING CLEARINGHOUSE

.—The

Secretary shall establish an online clearinghouse that makes

available to beginning farmers and ranchers education cur-

ricula and training materials and programs, which may in-

clude online courses for direct use by beginning farmers and

ranchers.

‘‘(e) A

PPLICATION

EQUIREMENTS

.—In making grants and enter-

ing into contracts and other agreements, as applicable, under sub-

sections (c) and (d), the Secretary shall make available a simplified

application process for an application for a grant that requests less

than $50,000.’’;

(9) by striking subsection (f) and inserting the following:

‘‘(f) S

TAKEHOLDER

NPUT

.—In carrying out this section, the Sec-

retary shall seek stakeholder input from—

‘‘(1) beginning farmers and ranchers;

‘‘(2) socially disadvantaged farmers and ranchers;

‘‘(3) veteran farmers and ranchers;

‘‘(4) national, State, Tribal, and local organizations and

other persons with expertise in operating programs for—

‘‘(A) beginning farmers and ranchers;

‘‘(B) socially disadvantaged farmers and ranchers; or

‘‘(C) veteran farmers and ranchers;

‘‘(5) the Advisory Committee on Beginning Farmers and

Ranchers established under section 5(b) of the Agricultural

Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public

Law 102–554);

‘‘(6) the Advisory Committee on Minority Farmers estab-

lished under section 14008 of the Food, Conservation, and En-

ergy Act of 2008 (7 U.S.C. 2279 note; Public Law 110–246); and

‘‘(7) the Tribal Advisory Committee established under sub-

section (b) of section 309 of the Federal Crop Insurance Reform

and Department of Agriculture Reorganization Act of 1994 (7

U.S.C. 6921).’’;

(10) in paragraph (3) of subsection (h) (as so redesignated),

by inserting ‘‘and not later than March 1, 2020,’’ after ‘‘1991,’’;

and

(11) by adding at the end the following:

‘‘(l) F

UNDING

.—

‘‘(1) M

ANDATORY FUNDING

.—Of the funds of the Commodity

Credit Corporation, the Secretary shall use to carry out this sec-

tion—

‘‘(A) $30,000,000 for each of fiscal years 2019 and

2020;

‘‘(B) $35,000,000 for fiscal year 2021;

‘‘(C) $40,000,000 for fiscal year 2022; and

‘‘(D) $50,000,000 for fiscal year 2023 and each fiscal

year thereafter.

‘‘(2) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $50,000,000 for

each of fiscal years 2019 through 2023.

‘‘(3) R

ESERVATION OF FUNDS

.—Of the amounts made avail-

able to carry out this section—

479

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(A) 50 percent shall be used to carry out subsection (c);

and

‘‘(B) 50 percent shall be used to carry out subsection

(d).

‘‘(4) A

LLOCATION OF FUNDS

.—

‘‘(A) I

N GENERAL

.—Not less than 5 percent of the

amounts made available to carry out subsection (d) for a

fiscal year shall be used to support programs and services

that address the needs of—

‘‘(i) limited resource beginning farmers and ranch-

ers, as defined by the Secretary;

‘‘(ii) socially disadvantaged farmers and ranchers

that are beginning farmers and ranchers; and

‘‘(iii) farmworkers desiring to become farmers or

ranchers.

‘‘(B) V

ETERAN FARMERS AND RANCHERS

.—Not less than

5 percent of the amounts made available to carry out sub-

section (d) for a fiscal year shall be used to support pro-

grams and services that address the needs of veteran farm-

ers and ranchers.

‘‘(5) I

NTERAGENCY FUNDING

.—Any agency of the Depart-

ment may participate in any grant, contract, or agreement en-

tered into under this section by contributing funds, if the con-

tributing agency determines that the objectives of the grant, con-

tract, or agreement will further the authorized programs of the

contributing agency.

‘‘(6) A

DMINISTRATIVE EXPENSES

.—Not more than 5 percent

of the amounts made available to carry out this section for a

fiscal year may be used for expenses relating to the administra-

tion of this section.

‘‘(7) L

IMITATION ON INDIRECT COSTS

.—A recipient of a grant

or a party to a contract or other agreement under subsection (c)

or (d) may not use more than 10 percent of the funds received

for the indirect costs of carrying out a grant, contract, or other

agreement.’’.

SEC. 12302. URBAN AGRICULTURE.

Subtitle A of the Department of Agriculture Reorganization Act

of 1994 (7 U.S.C. 6911 et seq.) (as amended by section 12202) is

amended by adding at the end the following:

‘‘SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE PRO-

DUCTION.

‘‘(a) O

FFICE

.—

‘‘(1) I

N GENERAL

.—The Secretary shall establish in the De-

partment an Office of Urban Agriculture and Innovative Pro-

duction.

‘‘(2) D

IRECTOR

.—The Secretary shall appoint a senior offi-

cial to serve as the Director of the Office of Urban Agriculture

and Innovative Production (referred to in this section as the ‘Di-

rector’).

‘‘(3) M

ISSION

.—The mission of the Office of Urban Agri-

culture and Innovative Production shall be to encourage and

promote urban, indoor, and other emerging agricultural prac-

tices, including—

480

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(A) community gardens and farms located in urban

areas, suburbs, and urban clusters;

‘‘(B) rooftop farms, outdoor vertical production, and

green walls;

‘‘(C) indoor farms, greenhouses, and high-tech vertical

technology farms;

‘‘(D) hydroponic, aeroponic, and aquaponic farm facili-

ties; and

‘‘(E) other innovations in agricultural production, as

determined by the Secretary.

‘‘(4) R

ESPONSIBILITIES

.—The Director shall be responsible

for engaging in activities to carry out the mission described in

paragraph (3), including by—

‘‘(A) managing programs, including for community

gardens, urban farms, rooftop agriculture, and indoor

vertical production;

‘‘(B) advising the Secretary;

‘‘(C) coordinating with the agencies and officials of the

Department to update relevant programs;

‘‘(D) engaging in stakeholder relations and developing

external partnerships;

‘‘(E) identifying common State and municipal best

practices for navigating local policies;

‘‘(F) coordinating networks of community gardens and

facilitating connections to local food banks, in partnership

with the Food and Nutrition Service; and

‘‘(G) collaborating with other Federal agencies.

‘‘(b) U

RBAN

GRICULTURE AND

NNOVATIVE

RODUCTION

DVI

SORY

OMMITTEE

.—

‘‘(1) I

N GENERAL

.—Not later than 180 days after the date

of enactment of this section, the Secretary shall establish an

Urban Agriculture and Innovative Production Advisory Com-

mittee (referred to in this subsection as the ‘Committee’) to ad-

vise the Secretary on—

‘‘(A) the development of policies and outreach relating

to urban, indoor, and other emerging agricultural produc-

tion practices; and

‘‘(B) any other aspects of the implementation of this sec-

tion.

‘‘(2) M

EMBERSHIP

.—

‘‘(A) I

N GENERAL

.—The Committee shall be composed of

12 members, of whom—

‘‘(i) 4 shall be individuals who are agricultural

producers, of whom—

‘‘(I) 2 individuals shall be agricultural pro-

ducers located in an urban area or urban cluster;

and

‘‘(II) 2 individuals shall be farmers that use

innovative technology;

‘‘(ii) 2 shall be representatives from an institution

of higher education or extension program;

‘‘(iii) 1 shall be an individual who represents a

nonprofit organization, which may include a public

health, environmental, or community organization;

481

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(iv) 1 shall be an individual who represents busi-

ness and economic development, which may include a

business development entity, a chamber of commerce, a

city government, or a planning organization;

‘‘(v) 1 shall be an individual with supply chain ex-

perience, which may include a food aggregator, whole-

sale food distributor, food hub, or an individual who

has direct-to-consumer market experience;

‘‘(vi) 1 shall be an individual from a financing en-

tity; and

‘‘(vii) 2 shall be individuals with related experience

or expertise in urban, indoor, and other emerging agri-

culture production practices, as determined by the Sec-

retary.

‘‘(B) I

NITIAL APPOINTMENTS

.—The Secretary shall ap-

point the members of the Committee not later than 180

days after the date of enactment of this section.

‘‘(3) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—

‘‘(A) I

N GENERAL

.—Except as provided in subparagraph

(B), a member of the Committee shall be appointed for a

term of 3 years.

‘‘(B) I

NITIAL APPOINTMENTS

.—Of the members first ap-

pointed to the Committee—

‘‘(i) 4 of the members, as determined by the Sec-

retary, shall be appointed for a term of 3 years;

‘‘(ii) 4 of the members, as determined by the Sec-

retary, shall be appointed for a term of 2 years; and

‘‘(iii) 4 of the members, as determined by the Sec-

retary, shall be appointed for a term of 1 year.

‘‘(C) V

ACANCIES

.—Any vacancy in the Committee—

‘‘(i) shall not affect the powers of the Committee;

and

‘‘(ii) shall be filled as soon as practicable in the

same manner as the original appointment.

‘‘(D) C

ONSECUTIVE TERMS

.—An initial appointee of the

committee may serve an additional consecutive term if the

member is reappointed by the Secretary.

‘‘(4) M

EETINGS

.—

‘‘(A) F

REQUENCY

.—The Committee shall meet not fewer

than 3 times per year.

‘‘(B) I

NITIAL MEETING

.—Not later than 180 days after

the date on which the members are appointed under para-

graph (2)(B), the Committee shall hold the first meeting of

the Committee.

‘‘(5) D

UTIES

.—

‘‘(A) I

N GENERAL

.—The Committee shall—

‘‘(i) develop recommendations and advise the Direc-

tor on policies, initiatives, and outreach administered

by the Office of Urban Agriculture and Innovative Pro-

duction;

‘‘(ii) evaluate and review ongoing research and ex-

tension activities relating to urban, indoor, and other

innovative agricultural practices;

482

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(iii) identify new and existing barriers to success-

ful urban, indoor, and other emerging agricultural pro-

duction practices; and

‘‘(iv) provide additional assistance and advice to

the Director as appropriate.

‘‘(B) R

EPORTS

.—Not later than 1 year after the date on

which the Committee is established, and every 2 years

through 2023, the Committee shall submit to the Secretary,

the Committee on Agriculture of the House of Representa-

tives, and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report describing the recommenda-

tions developed under subparagraph (A).

‘‘(6) P

ERSONNEL MATTERS

.—

‘‘(A) C

OMPENSATION

.—A member of the Committee

shall serve without compensation.

‘‘(B) T

RAVEL EXPENSES

.—A member of the Committee

shall be allowed travel expenses, including per diem in lieu

of subsistence, in accordance with section 5703 of title 5,

United States Code.

‘‘(7) T

ERMINATION

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), the

Committee shall terminate on the date that is 5 years after

the date on which the members are appointed under para-

graph (2)(B).

‘‘(B) E

XTENSIONS

.—Before the date on which the Com-

mittee terminates, the Secretary may renew the Committee

for 1 or more 2-year periods.

‘‘(c) G

RANTS

.—The Director shall award competitive grants to

support the development of urban agriculture and innovative pro-

duction to any of the following eligible entities:

‘‘(1) A nonprofit organization.

‘‘(2) A unit of local government.

‘‘(3) A Tribal government.

‘‘(4) Any school that serves any of grades kindergarten

through grade 12.

‘‘(d) P

ILOT

ROJECTS

.—

‘‘(1) U

RBAN AND SUBURBAN COUNTY COMMITTEES

.—

‘‘(A) I

N GENERAL

.—Not later than 1 year after the date

of enactment of this section, the Secretary shall establish a

pilot program for not fewer than 5 years that establishes 10

county committees in accordance with section

8(b)(5)(B)(ii)(II) of the Soil Conservation and Domestic Al-

lotment Act (16 U.S.C. 590h(b)(5)(B)(ii)(II)) to operate in

counties located in urban or suburban areas with a high

concentration of urban or suburban farms.

‘‘(B) E

FFECT

.—Nothing in this paragraph requires or

precludes the establishment of a Farm Service Agency office

in a county in which a county committee is established

under subparagraph (A).

‘‘(C) R

EPORT

.—For fiscal year 2019 and each fiscal

year thereafter through fiscal year 2023, the Secretary shall

submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutri-

tion, and Forestry of the Senate a report describing a sum-

mary of—

483

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(i) the status of the pilot program under subpara-

graph (A);

‘‘(ii) meetings and other activities of the committees

established under that subparagraph; and

‘‘(iii) the types and volume of assistance and serv-

ices provided to farmers in counties in which county

committees are established under that subparagraph.

‘‘(2) I

NCREASING COMMUNITY COMPOST AND REDUCING FOOD

WASTE

.—

‘‘(A) I

N GENERAL

.—The Secretary, acting through the

Director, shall carry out pilot projects under which the Sec-

retary shall offer to enter into cooperative agreements with

local or municipal governments in not fewer than 10 States

to develop and test strategies for planning and imple-

menting municipal compost plans and food waste reduction

plans.

‘‘(B) E

LIGIBLE ENTITIES AND PURPOSES OF PILOT

PROJECTS

.—Under a cooperative agreement entered into

under this paragraph, the Secretary shall provide assist-

ance to municipalities, counties, local governments, or city

planners, as appropriate, to carry out planning and imple-

menting activities that will—

‘‘(i) generate compost;

‘‘(ii) increase access to compost for agricultural

producers;

‘‘(iii) reduce reliance on, and limit the use of, fer-

tilizer;

‘‘(iv) improve soil quality;

‘‘(v) encourage waste management and

permaculture business development;

‘‘(vi) increase rainwater absorption;

‘‘(vii) reduce municipal food waste; and

‘‘(viii) divert food waste from landfills.

‘‘(C) E

VALUATION AND RANKING OF APPLICATIONS

.—

‘‘(i) C

RITERIA

.—Not later than 180 days after the

date of enactment of this section, the Secretary shall es-

tablish criteria for the selection of pilot projects under

this paragraph.

‘‘(ii) C

ONSIDERATION

.—In selecting, undertaking,

or funding pilot projects under this paragraph, the Sec-

retary shall consider any commonly known significant

impact on existing food waste recovery and disposal by

commercial, marketing, or business relationships.

‘‘(iii) P

RIORITY

.—In selecting a pilot project under

this paragraph, the Secretary shall give priority to an

application for a pilot project that—

‘‘(I) anticipates or demonstrates economic bene-

fits;

‘‘(II) incorporates plans to make compost easily

accessible to agricultural producers, including

community gardeners;

‘‘(III) integrates other food waste strategies, in-

cluding food recovery efforts; and

‘‘(IV) provides for collaboration with multiple

partners.

484

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(D) M

ATCHING REQUIREMENT

.—The recipient of assist-

ance for a pilot project under this paragraph shall provide

funds, in-kind contributions, or a combination of both from

sources other than funds provided through the grant in an

amount equal to not less than 25 percent of the amount of

the grant.

‘‘(E) E

VALUATION

.—The Secretary shall conduct an

evaluation of the pilot projects funded under this para-

graph to assess different solutions for increasing access to

compost and reducing municipal food waste, including an

evaluation of—

‘‘(i) the amount of Federal funds used for each

project; and

‘‘(ii) a measurement of the outcomes of each project.

‘‘(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section and the amendments

made by this section $25,000,000 for each of fiscal years 2019

through 2023.’’.

SEC. 12303. TRIBAL ADVISORY COMMITTEE.

Section 309 of the Federal Crop Insurance Reform and Depart-

ment of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is

amended—

(1) by striking ‘‘The Secretary’’ and inserting the following:

‘‘(a) I

ENERAL

.—The Secretary’’; and

(2) by adding at the end the following:

‘‘(b) T

RIBAL

DVISORY

OMMITTEE

.—

‘‘(1) D

EFINITIONS

.—In this subsection:

‘‘(A) I

NDIAN TRIBE

.—The term ‘Indian tribe’ has the

meaning given the term in section 4 of the Indian Self-De-

termination and Education Assistance Act (25 U.S.C.

5304).

‘‘(B) R

ELEVANT COMMITTEES OF CONGRESS

.—The term

‘relevant committees of Congress’ means—

‘‘(i) the Committee on Agriculture of the House of

Representatives;

‘‘(ii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate; and

‘‘(iii) the Committee on Indian Affairs of the Sen-

ate.

‘‘(C) T

RIBAL ORGANIZATION

.—The term ‘tribal organiza-

tion’ has the meaning given the term in section 4 of the In-

dian Self-Determination and Education Assistance Act (25

U.S.C. 5304).

‘‘(2) E

STABLISHMENT OF COMMITTEE

.—

‘‘(A) I

N GENERAL

.—The Secretary shall establish an ad-

visory committee, to be known as the Tribal Advisory Com-

mittee (referred to in this subsection as the ‘Committee’) to

provide advice and guidance to the Secretary on matters re-

lating to Tribal and Indian affairs.

‘‘(B) F

ACILITATION

.—The Committee shall facilitate,

but not supplant, government-to-government consultation

between the Department of Agriculture (referred to in this

subsection as the ‘Department’) and Indian tribes.

‘‘(3) M

EMBERSHIP

.—

485

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(A) C

OMPOSITION

.—The Committee shall be composed

of 11 members, of whom—

‘‘(i) 3 shall be appointed by the Secretary;

‘‘(ii) 1 shall be appointed by the chairperson of the

Committee on Indian Affairs of the Senate;

‘‘(iii) 1 shall be appointed by the ranking member

of the Committee on Indian Affairs of the Senate;

‘‘(iv) 1 shall be appointed by the chairperson of the

Committee on Agriculture, Nutrition, and Forestry of

the Senate;

‘‘(v) 1 shall be appointed by the ranking member of

the Committee on Agriculture, Nutrition, and Forestry

of the Senate;

‘‘(vi) 2 shall be appointed by the chairperson of the

Committee on Agriculture of the House of Representa-

tives; and

‘‘(vii) 2 shall be appointed by the ranking member

of the Committee on Agriculture of the House of Rep-

resentatives.

‘‘(B) N

OMINATIONS

.—The Secretary shall accept nomi-

nations for members of the Committee from any of the fol-

lowing:

‘‘(i) An Indian tribe.

‘‘(ii) A tribal organization.

‘‘(iii) A national or regional organization with ex-

pertise in issues relating to the duties of the Committee

described in paragraph (4).

‘‘(C) D

IVERSITY

.—To the maximum extent feasible, the

Secretary shall ensure that the members of the Committee

represent a diverse set of expertise on issues relating to geo-

graphic regions, Indian tribes, and the agricultural indus-

try.

‘‘(D) L

IMITATION

.—No member of the Committee shall

be an officer or employee of the Federal Government.

‘‘(E) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—

‘‘(i) I

N GENERAL

.—Each member of the Com-

mittee—

‘‘(I) subject to clause (ii), shall be appointed to

a 3-year term; and

‘‘(II) may be reappointed to not more than 3

consecutive terms.

‘‘(ii) I

NITIAL STAGGERING

.—The first 3 appoint-

ments by the Secretary under paragraph (3)(A)(i) shall

be for a 2-year term.

‘‘(iii) V

ACANCIES

.—Any vacancy in the Committee

shall be filled in the same manner as the original ap-

pointment not more than 90 days after the date on

which the position becomes vacant.

‘‘(F) M

EETINGS

.—

‘‘(i) I

N GENERAL

.—The Committee shall meet in

person not less than twice each year.

‘‘(ii) O

FFICE OF TRIBAL RELATIONS REPRESENTA

TIVE

.—Not fewer than 1 representative from the Office

of Tribal Relations of the Department shall be present

at each meeting of the Committee.

486

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(iii) D

EPARTMENT OF INTERIOR REPRESENTA

TIVE

.—The Assistant Secretary for Indian Affairs of the

Department of the Interior (or a designee) shall be

present at each meeting of the Committee.

‘‘(iv) N

ONVOTING REPRESENTATIVES

.—The individ-

uals described in clauses (ii) and (iii) shall be non-

voting representatives at meetings of the Committee.

‘‘(4) D

UTIES OF COMMITTEE

.—The Committee shall—

‘‘(A) identify evolving issues of relevance to Indian

tribes relating to programs of the Department;

‘‘(B) communicate to the Secretary the issues identified

under subparagraph (A);

‘‘(C) submit to the Secretary recommendations for, and

solutions to—

‘‘(i) the issues identified under subparagraph (A);

‘‘(ii) issues raised at the Tribal, regional, or na-

tional level; and

‘‘(iii) issues relating to any Tribal consultation car-

ried out by the Department;

‘‘(D) discuss issues and proposals for changes to the

regulations, policies, and procedures of the Department that

impact Indian tribes;

‘‘(E) identify priorities and provide advice on appro-

priate strategies for Tribal consultation on issues at the

Tribal, regional, or national level regarding the Depart-

ment;

‘‘(F) ensure that pertinent issues of the Department are

brought to the attention of an Indian tribe in a timely man-

ner so that timely feedback from an Indian tribe can be ob-

tained; and

‘‘(G) identify and propose solutions to any interdepart-

mental barrier between the Department and other Federal

agencies.

‘‘(5) R

EPORTS

.—

‘‘(A) I

N GENERAL

.—Not less frequently than once each

year, the Committee shall submit to the Secretary and the

relevant committees of Congress a report that describes—

‘‘(i) the activities of the Committee during the pre-

vious year; and

‘‘(ii) recommendations for legislative or adminis-

trative action for the following year.

‘‘(B) R

ESPONSE FROM SECRETARY

.—Not more than 45

days after the date on which the Secretary receives a report

under subparagraph (A), the Secretary shall submit a writ-

ten response to that report to—

‘‘(i) the Committee; and

‘‘(ii) the relevant committees of Congress.

‘‘(6) C

OMPENSATION OF MEMBERS

.—Members of the Com-

mittee shall be compensated at a rate equal to the daily equiva-

lent of the annual rate of basic pay prescribed for level IV of

the Executive Schedule under section 5315 of title 5, United

States Code, for each day (including travel time) during which

the member is engaged in the performance of the duties of the

Committee.

487

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(7) F

EDERAL ADVISORY COMMITTEE ACT EXEMPTION

.—Sec-

tion 14 of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the Committee.’’.

SEC. 12304. BEGINNING FARMER AND RANCHER COORDINATION.

Subtitle D of title VII of the Farm Security and Rural Invest-

ment Act of 2002 (as amended by sections 7506 and 12301(a)(1)) is

further amended by inserting after section 7403 (7 U.S.C. 3119b

note; Public Law 107–171) the following:

‘‘SEC. 7404. BEGINNING FARMER AND RANCHER COORDINATION.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) B

EGINNING FARMER OR RANCHER

.—The term ‘beginning

farmer or rancher’ has the meaning given such term in section

2501(a) of the Food, Agriculture, Conservation, and Trade Act

of 1990 (7 U.S.C. 2279(a)).

‘‘(2) N

ATIONAL COORDINATOR

.—The term ‘National Coordi-

nator’ means the National Beginning Farmer and Rancher Co-

ordinator established under subsection (b)(1).

‘‘(3) S

TATE COORDINATOR

.—The term ‘State coordinator’

means a State beginning farmer and rancher coordinator des-

ignated under subsection (c)(1)(A).

‘‘(4) S

TATE OFFICE

.—The term ‘State office’ means—

‘‘(A) a State office of—

‘‘(i) the Farm Service Agency;

‘‘(ii) the Natural Resources Conservation Service;

‘‘(iii) the Rural Business-Cooperative Service; or

‘‘(iv) the Rural Utilities Service; or

‘‘(B) a regional office of the Risk Management Agency.

‘‘(b) N

ATIONAL

EGINNING

ARMER AND

ANCHER

OORDI

NATOR

.—

‘‘(1) E

STABLISHMENT

.—The Secretary shall establish in the

Department the position of National Beginning Farmer and

Rancher Coordinator.

‘‘(2) D

UTIES

.—

‘‘(A) I

N GENERAL

.—The National Coordinator shall—

‘‘(i) advise the Secretary and coordinate activities

of the Department on programs, policies, and issues re-

lating to beginning farmers and ranchers; and

‘‘(ii) in consultation with the applicable State food

and agriculture council, determine whether to approve

a plan submitted by a State coordinator under sub-

section (c)(3)(B).

‘‘(B) D

ISCRETIONARY DUTIES

.—Additional duties of the

National Coordinator may include—

‘‘(i) developing and implementing new strategies—

‘‘(I) for outreach to beginning farmers and

ranchers; and

‘‘(II) to assist beginning farmers and ranchers

with connecting to owners or operators that have

ended, or expect to end within 5 years, actively

owning or operating a farm or ranch; and

‘‘(ii) facilitating interagency and interdepartmental

collaboration on issues relating to beginning farmers

and ranchers.

488

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(3) R

EPORTS

.—Not less frequently than once each year, the

National Coordinator shall distribute within the Department

and make publicly available a report describing the status of

steps taken to carry out the duties described in subparagraphs

(A) and (B) of paragraph (2).

‘‘(4) C

ONTRACTS AND COOPERATIVE AGREEMENTS

.—In car-

rying out the duties under paragraph (2), the National Coordi-

nator may enter into a contract or cooperative agreement with

an institution of higher education (as defined in section 101 of

the Higher Education Act of 1965 (20 U.S.C. 1001)), cooperative

extension services (as defined in section 1404 of the National

Agricultural Research, Extension, and Teaching Policy Act of

1977 (7 U.S.C. 3103)), or a nonprofit organization—

‘‘(A) to conduct research on the profitability of new

farms in operation for not less than 5 years in a region;

‘‘(B) to develop educational materials;

‘‘(C) to conduct workshops, courses, training, or cer-

tified vocational training; or

‘‘(D) to conduct mentoring activities.

‘‘(c) S

TATE

EGINNING

ARMER AND

ANCHER

OORDINA

TORS

.—

‘‘(1) I

N GENERAL

.—

‘‘(A) D

ESIGNATION

.—The National Coordinator, in con-

sultation with State food and agriculture councils and di-

rectors of State offices, shall designate in each State a State

beginning farmer and rancher coordinator from among em-

ployees of State offices.

‘‘(B) R

EQUIREMENTS

.—To be designated as a State co-

ordinator, an employee shall—

‘‘(i) be familiar with issues relating to beginning

farmers and ranchers; and

‘‘(ii) have the ability to coordinate with other Fed-

eral departments and agencies.

‘‘(2) T

RAINING

.—The Secretary shall develop a training

plan to provide to each State coordinator knowledge of pro-

grams and services available from the Department for begin-

ning farmers and ranchers, taking into consideration the needs

of all production types and sizes of agricultural operations.

‘‘(3) D

UTIES

.—A State coordinator shall—

‘‘(A) coordinate technical assistance at the State level to

assist beginning farmers and ranchers in accessing pro-

grams of the Department;

‘‘(B) develop and submit to the National Coordinator

for approval under subsection (b)(2)(A)(ii) a State plan to

improve the coordination, delivery, and efficacy of pro-

grams of the Department to beginning farmers and ranch-

ers, taking into consideration the needs of all types of pro-

duction methods and sizes of agricultural operation, at

each county and area office in the State;

‘‘(C) oversee implementation of an approved State plan

described in subparagraph (B);

‘‘(D) work with outreach coordinators in the State of-

fices to ensure appropriate information about technical as-

sistance is available at outreach events and activities; and

489

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(E) coordinate partnerships and joint outreach efforts

with other organizations and government agencies serving

beginning farmers and ranchers.’’.

SEC. 12305. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.

Subtitle D of title VII of the Farm Security and Rural Invest-

ment Act of 2002 (as amended by sections 7506, section 12301(a)(1),

and 12304) is further amended by inserting after section 7404, as

added by section 12304, the following:

‘‘SEC. 7405. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.

‘‘(a) A

UTHORIZATION

.—The Secretary shall establish in the De-

partment the position of Agricultural Youth Organization Coordi-

nator.

‘‘(b) D

UTIES

.—The Agricultural Youth Organization Coordi-

nator shall—

‘‘(1) promote the role of youth-serving organizations and

school-based agricultural education in motivating and pre-

paring young people to pursue careers in the agriculture, food,

and natural resources systems;

‘‘(2) work to help build youth awareness of the reach and

importance of agriculture, across a diversity of fields and dis-

ciplines;

‘‘(3) identify short-term and long-term interests of the De-

partment and provide opportunities, resources, input, and co-

ordination with programs and agencies of the Department to

youth-serving organizations and school-based agricultural edu-

cation, including the development of internship opportunities;

‘‘(4) share, internally and externally, the extent to which ac-

tive steps are being taken to encourage collaboration with, and

support of, youth-serving organizations and school-based agri-

cultural education;

‘‘(5) provide information to youth involved in food and agri-

culture organizations concerning the availability of, and eligi-

bility requirements for, participation in agricultural programs,

with particular emphasis on beginning farmer and rancher pro-

grams;

‘‘(6) serve as a resource for assisting youth involved in food

and agriculture organizations in applying for participation in

agriculture; and

‘‘(7) advocate on behalf of youth involved in food and agri-

culture organizations in interactions with employees of the De-

partment.

‘‘(c) C

ONTRACTS AND

OOPERATIVE

GREEMENTS

.—For purposes

of carrying out the duties under subsection (b), the Agricultural

Youth Organization Coordinator shall consult with the cooperative

extension and the land-grant university systems, and may enter into

contracts or cooperative agreements with the research centers of the

Agricultural Research Service, cooperative extension and the land-

grant university systems, non-land-grant colleges of agriculture, or

nonprofit organizations for—

‘‘(1) the conduct of regional research on the profitability of

small farms;

‘‘(2) the development of educational materials;

‘‘(3) the conduct of workshops, courses, and certified voca-

tional training;

490

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(4) the conduct of mentoring activities; or

‘‘(5) the provision of internship opportunities.’’.

SEC. 12306. AVAILABILITY OF DEPARTMENT OF AGRICULTURE PRO-

GRAMS FOR VETERAN FARMERS AND RANCHERS.

(a) D

EFINITION OF

ETERAN

ARMER OR

ANCHER

.—Paragraph

(7) of subsection (a) (as redesignated by section 12301(b)(3)) of sec-

tion 2501 of the Food, Agriculture, Conservation, and Trade Act of

1990 (7 U.S.C. 2279) is amended—

(1) in subparagraph (A), by striking ‘‘or’’ at the end;

(2) in subparagraph (B), by striking the period at the end

and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(C) is a veteran (as defined in section 101 of that title)

who has first obtained status as a veteran (as so defined)

during the most recent 10-year period.’’.

(b) F

EDERAL

ROP

NSURANCE

.—

(1) D

EFINITION OF VETERAN FARMER OR RANCHER

.—Section

502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) (as

amended by section 11101) is amended by adding at the end

the following:

‘‘(14) V

ETERAN FARMER OR RANCHER

.—The term ‘veteran

farmer or rancher’ means a farmer or rancher who—

‘‘(A) has served in the Armed Forces (as defined in sec-

tion 101 of title 38, United States Code); and

‘‘(B)(i) has not operated a farm or ranch;

‘‘(ii) has operated a farm or ranch for not more than

5 years; or

‘‘(iii) is a veteran (as defined in section 101 of that title)

who has first obtained status as a veteran (as so defined)

during the most recent 5-year period.’’.

(2) C

ROP INSURANCE

.—Section 508 of the Federal Crop In-

surance Act (7 U.S.C. 1508) is amended—

(A) in subsection (b)(5)(E)—

(i) by striking ‘‘The Corporation’’ and inserting the

following:

‘‘(i) I

N GENERAL

.—The Corporation’’; and

(ii) in clause (i) (as so designated), by striking the

period at the end and inserting the following: ‘‘, and

veteran farmers or ranchers.

‘‘(ii) C

OORDINATION

.—The Corporation shall co-

ordinate with other agencies of the Department that

provide programs or services to farmers and ranchers

described in clause (i) to make available coverage

under the waiver under that clause and to share eligi-

bility information to reduce paperwork and avoid du-

plication.’’;

(B) in subsection (e)(8)—

(i) in the paragraph heading, by inserting ‘‘

AND

VETERAN

’’ after ‘‘

BEGINNING

’’; and

(ii) by inserting ‘‘or veteran farmer or rancher’’

after ‘‘beginning farmer or rancher’’ each place it ap-

pears; and

(i) in paragraph (2)(B)(iii), in the matter preceding

subclause (I), by inserting ‘‘or veteran farmer or ranch-

491

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

er’’ after ‘‘beginning farmer or rancher’’ each place it

appears; and

(ii) in paragraph (4)(B)(ii)(II), by inserting ‘‘and

veteran farmers or ranchers’’ after ‘‘beginning farmers

or ranchers’’.

(3) E

DUCATION AND RISK MANAGEMENT ASSISTANCE

.—Para-

graph (3) of section 524(a) of the Federal Crop Insurance Act

(7 U.S.C. 1524(a)), as redesignated by section 11125(a)(3), is

amended—

(A) in subparagraph (D)(ii), by striking ‘‘and’’ at the

end;

(B) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(F) veteran farmers or ranchers.’’.

OWN

AYMENT

OAN

ROGRAM

.—Section 310E of the Con-

solidated Farm and Rural Development Act (7 U.S.C. 1935) is

amended—

(1) in subsection (a)(1), by striking ‘‘qualified beginning

farmers or ranchers and socially disadvantaged farmers or

ranchers’’ and inserting ‘‘eligible farmers or ranchers’’;

(2) in subsection (d)—

(A) in paragraph (2)(A), by striking ‘‘recipients of the

loans’’ and inserting ‘‘farmers or ranchers’’;

(B) by striking paragraph (3) and inserting the fol-

lowing:

‘‘(3) encourage retiring farmers and ranchers to assist in

the sale of their farms and ranches to eligible farmers or ranch-

ers by providing seller financing;’’;

ers or ranchers or socially disadvantaged farmers or ranch-

ers’’ and inserting the following: ‘‘for—

‘‘(A) beginning farmers or ranchers;

‘‘(B) socially disadvantaged farmers or ranchers, as de-

fined in section 355(e); or

‘‘(C) veteran farmers or ranchers, as defined in section

2501(a) of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 2279(a)); and’’; and

(D) in paragraph (5), by striking ‘‘a qualified beginning

farmer or rancher or socially disadvantaged farmer or

rancher’’ and inserting ‘‘an eligible farmer or rancher’’; and

(3) by striking subsection (e) and inserting the following:

‘‘(e) D

EFINITION OF

LIGIBLE

ARMER OR

ANCHER

.—In this

section, the term ‘eligible farmer or rancher’ means—

‘‘(1) a qualified beginning farmer or rancher;

‘‘(2) a socially disadvantaged farmer or rancher, as defined

in section 355(e); and

‘‘(3) a veteran farmer or rancher, as defined in section

2501(a) of the Food, Agriculture, Conservation, and Trade Act

of 1990 (7 U.S.C. 2279(a)).’’.

(d) I

NTEREST

ATE

EDUCTION

ROGRAM

.—Section 351(e)(2)(B)

of the Consolidated Farm and Rural Development Act (7 U.S.C.

1999(e)(2)(B)) is amended—

(1) in the subparagraph heading, by inserting ‘‘

AND VET

ERAN

’’ after ‘‘B

EGINNING

’’;

492

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(2) in clause (i), by inserting ‘‘or veteran farmers and

ranchers (as defined in section 2501(a) of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before

the period at the end; and

(3) in clause (ii), by striking ‘‘beginning’’.

(e) N

ATIONAL

OOD

AFETY

RAINING

, E

DUCATION

, E

XTENSION

UTREACH

AND

ECHNICAL

SSISTANCE

ROGRAM

.—Section 405(c)

of the Agricultural Research, Extension, and Education Reform Act

of 1998 (7 U.S.C. 7625(c)) is amended by inserting ‘‘veteran farmers

or ranchers (as defined in section 2501(a) of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))),’’ after ‘‘so-

cially disadvantaged farmers,’’.

(f) A

DMINISTRATION AND

PERATION OF

ONINSURED

ROP

SISTANCE

ROGRAM

.—Section 196 of the Federal Agriculture Im-

provement and Reform Act of 1996 (7 U.S.C. 7333) is amended—

(1) in subsection (k)(2), by inserting ‘‘, or a veteran farmer

or rancher (as defined in section 2501(a) of the Food, Agri-

culture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279(a)))’’ before the period at the end; and

(2) in subsection (l), in paragraph (3) (as redesignated by

section 1601(7)(D))—

(A) in the paragraph heading, by inserting ‘‘

VETERAN

,’’

before ‘‘

AND SOCIALLY

’’; and

(B) by inserting ‘‘and veteran farmers or ranchers (as

defined in section 2501(a) of the Food, Agriculture, Con-

servation, and Trade Act of 1990 (7 U.S.C. 2279(a)))’’ before

‘‘in exchange’’.

(g) F

UNDING FOR

RANSITION

PTION FOR

ERTAIN

ARMERS

ANCHERS

.—Section 1241(a)(1)(B) of the Food Security Act of

1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking ‘‘beginning

farmers or ranchers and socially disadvantaged farmers or ranch-

ers’’ and inserting ‘‘covered farmers or ranchers, as defined in sec-

tion 1235(f)(1)’’.

(h) S

UPPLEMENTAL

GRICULTURAL

ISASTER

SSISTANCE

.—

(1) D

EFINITION OF COVERED PRODUCER

.—Section 1501(a) of

the Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended—

(A) by redesignating paragraphs (1) through (4) as

paragraphs (2) through (5), respectively; and

(B) by inserting before paragraph (2) (as so redesig-

nated) the following:

‘‘(1) C

OVERED PRODUCER

.—The term ‘covered producer’

means an eligible producer on a farm that is—

‘‘(A) as determined by the Secretary—

‘‘(i) a beginning farmer or rancher;

‘‘(ii) a socially disadvantaged farmer or rancher; or

‘‘(iii) a limited resource farmer or rancher; or

‘‘(B) a veteran farmer or rancher, as defined in section

2501(a) of the Food, Agriculture, Conservation, and Trade

Act of 1990 (7 U.S.C. 2279(a)).’’.

(2) E

MERGENCY ASSISTANCE FOR LIVESTOCK

HONEY BEES

AND FARM

RAISED FISH

.—Section 1501(d) of the Agricultural Act

of 2014 (7 U.S.C. 9081(d)) is amended by adding at the end the

following:

‘‘(4) P

AYMENT RATE FOR COVERED PRODUCERS

.—In the case

of a covered producer that is eligible to receive assistance under

493

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

this subsection, the Secretary shall provide reimbursement of 90

percent of the cost of losses described in paragraph (1) or (2).’’.

Subtitle D—Department of Agriculture

Reorganization Act of 1994 Amendments

SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND INTERGOV-

ERNMENTAL AFFAIRS.

(a) A

SSISTANT

ECRETARIES OF

GRICULTURE

.—Section

218(a)(1) of the Department of Agriculture Reorganization Act of

1994 (7 U.S.C. 6918(a)(1)) is amended by striking ‘‘Relations’’ and

inserting ‘‘Relations and Intergovernmental Affairs’’.

(b) S

UCCESSION

.—Any official who is serving as the Assistant

Secretary of Agriculture for Congressional Relations on the date of

enactment of this Act and who was appointed by the President, by

and with the advice and consent of the Senate, shall not be required

to be reappointed as a result of the change made to the name of that

position under the amendment made by subsection (a).

SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.

Section 219 of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6919) is amended—

(1) in subsection (b)—

(A) in paragraph (3), by striking ‘‘and’’ at the end;

(B) in paragraph (4), by striking the period at the end

and inserting a semicolon; and

‘‘(5) establish and periodically update the website described

in subsection (d); and

‘‘(6) in carrying out the duties described in paragraphs (1)

through (5), consult with and provide technical assistance to

any Federal agency, including the Department of Defense, the

Department of Veterans Affairs, the Small Business Adminis-

tration, and the Department of Labor.’’; and

(2) by adding at the end the following:

‘‘(d) W

EBSITE

EQUIRED

.—

‘‘(1) I

N GENERAL

.—The website required under subsection

(b)(5) shall include the following:

‘‘(A) Positions identified within the Department of Agri-

culture that are available to veterans for apprenticeships.

‘‘(B) Apprenticeships, programs of training on the job,

and programs of education that are approved for purposes

of chapter 36 of title 38, United States Code.

‘‘(C) Employment skills training programs for members

of the Armed Forces carried out pursuant to section 1143(e)

of title 10, United States Code.

‘‘(D) Information designed to assist businesses, non-

profit entities, educational institutions, and farmers inter-

ested in developing apprenticeships, on-the-job training,

educational, or entrepreneurial programs for veterans in

navigating the process of having a program approved by a

State approving agency for purposes of chapter 36 of title

38, United States Code, including—

‘‘(i) contact information for relevant offices in the

Department of Defense, Department of Veterans Af-

494

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

fairs, Department of Labor, and Small Business Ad-

ministration;

‘‘(ii) basic requirements for approval by each State

approving agency;

‘‘(iii) recommendations with respect to training

and coursework to be used during apprenticeships or

on-the-job training that will enable a veteran to be eli-

gible for agricultural programs; and

‘‘(iv) examples of successful programs and curricu-

lums that have been approved for purposes of chapter

36 of title 38, United States Code (with consent of the

organization and without any personally identifiable

information).

‘‘(2) R

EVIEW OF WEBSITE

.—

‘‘(A) I

N GENERAL

.—Not later than 5 years after the date

of enactment of this paragraph, and once every 5 years

thereafter, the Secretary shall conduct a study to determine

if the website required under subsection (b)(5) is effective in

providing veterans the information required under para-

graph (1).

‘‘(B) I

NEFFECTIVE WEBSITE

.—If the Secretary deter-

mines that the website is not effective under subparagraph

(A), the Secretary shall—

‘‘(i) notify the agriculture and veterans committees

described in subparagraph (C) of that determination;

and

‘‘(ii) not earlier than 180 days after the date on

which the Secretary provides notice under clause (i),

terminate the website.

‘‘(C) A

GRICULTURE AND VETERANS COMMITTEES

.—The

agriculture and veterans committees referred to in subpara-

graph (B)(i) are—

‘‘(i) the Committee on Agriculture of the House of

Representatives;

‘‘(ii) the Committee on Agriculture, Nutrition, and

Forestry of the Senate;

‘‘(iii) the Committee on Veterans’ Affairs of the

House of Representatives; and

‘‘(iv) the Committee on Veterans’ Affairs of the Sen-

ate.

‘‘(e) C

ONSULTATION

EQUIRED

.—In carrying out this section, the

Secretary shall consult with organizations that serve veterans.

‘‘(f) R

EPORT

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of this subsection, and annually thereafter, the Mili-

tary Veterans Agricultural Liaison shall submit a report on be-

ginning farmer training for veterans and agricultural voca-

tional and rehabilitation programs for veterans to—

‘‘(A) the Committee on Agriculture of the House of Rep-

resentatives;

‘‘(B) the Committee on Veterans’ Affairs of the House of

Representatives;

‘‘(C) the Committee on Agriculture, Nutrition, and For-

estry of the Senate; and

‘‘(D) the Committee on Veterans’ Affairs of the Senate.

495

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(2) C

ONTENTS OF REPORT

.—The report submitted under

paragraph (1) shall include—

‘‘(A) a summary of the measures taken to carry out sub-

sections (b) and (c);

‘‘(B) a description of the information provided to vet-

erans under paragraphs (1) and (2) of subsection (b);

‘‘(C) recommendations for best informing veterans of

the programs described in paragraphs (1) and (2) of sub-

section (b);

‘‘(D) a summary of the contracts or cooperative agree-

ments entered into under subsection (c);

‘‘(E) a description of the programs implemented under

subsection (c);

‘‘(F) a summary of the employment outreach activities

directed to veterans;

‘‘(G) recommendations for how opportunities for vet-

erans in agriculture should be developed or expanded;

‘‘(H) a summary of veteran farm lending data and a

summary of shortfalls, if any, identified by the Military

Veterans Agricultural Liaison in collecting data with re-

spect to veterans engaged in agriculture; and

‘‘(I) recommendations, if any, on how to improve activi-

ties under subsection (b).

‘‘(g) P

UBLIC

ISSEMINATION OF

NFORMATION

.—

‘‘(1) I

N GENERAL

.—Not later than 1 year after the date of

enactment of this subsection, and annually thereafter, the Mili-

tary Veterans Agricultural Liaison shall make publicly avail-

able and share broadly, including by posting on the website of

the Department—

‘‘(A) the report of the Military Veterans Agricultural Li-

aison on beginning farmer training for veterans and agri-

cultural vocational and rehabilitation programs; and

‘‘(B) the information disseminated under paragraphs

(1) and (2) of subsection (b).

‘‘(2) F

URTHER DISSEMINATION

.—Not later than the day be-

fore the date on which the Military Veterans Agricultural Liai-

son makes publicly available the information under paragraph

(1), the Military Veterans Agricultural Liaison shall provide

that information to the Department of Defense, the Department

of Veterans Affairs, the Small Business Administration, and the

Department of Labor.’’.

SEC. 12403. CIVIL RIGHTS ANALYSES.

(a) I

ENERAL

.—The Secretary shall conduct civil rights im-

pact analyses in accordance with Departmental Regulation 4300-

004 issued by the Department of Agriculture on October 17, 2016,

with respect to the Department of Agriculture’s employment, feder-

ally-conducted programs and activities, and federally-assisted pro-

grams and activities.

(b) S

TUDY

; R

EPORT

.—

(1) S

TUDY

.—Not later than 2 years after the date of enact-

ment of this Act, the Comptroller General of the United States

(referred to in this section as the ‘‘Comptroller General’’) shall

conduct a study describing—

(A) the effectiveness of the Department of Agriculture in

processing and resolving civil rights complaints;

496

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(B) minority participation rates in farm programs, in-

cluding a comparison of overall farmer and rancher par-

ticipation with minority farmer and rancher participation

by considering particular aspects of the programs of the De-

partment of Agriculture for producers, such as ownership

status, program participation, usage of permits, and waiv-

ers;

Department of Agriculture, as outlined in Secretarial

Memorandum 1076–023 (March 9, 2018), including an

analysis of whether that realignment has any negative im-

plications on the civil rights functions of the Department;

(D) efforts of the Department of Agriculture to identify

actions, programs, or activities of the Department of Agri-

culture that may adversely affect employees, contractors, or

beneficiaries (including participants) of the action, pro-

gram, or activity based on the membership of the employ-

ees, contractors, or beneficiaries in a group that is protected

under Federal law from discrimination in employment,

contracting, or provision of an action, program, or activity,

as applicable; and

(E) efforts of the Department of Agriculture to strategi-

cally plan actions to decrease discrimination and civil

rights complaints within the Department of Agriculture or

in the carrying out of the programs and authorities of the

Department of Agriculture.

(2) R

EPORT

.—Not later than 60 days after the date of com-

pletion of the study under paragraph (1), the Comptroller Gen-

eral shall submit a report describing the results of the study

to—

(A) the Committee on Agriculture of the House of Rep-

resentatives; and

(B) the Committee on Agriculture, Nutrition, and For-

estry of the Senate.

SEC. 12404. FARM SERVICE AGENCY.

(a) I

ENERAL

.—Section 226 of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 6932) is amended—

(1) in the section heading, by striking ‘‘

CONSOLIDATED

FARM

’’ and inserting ‘‘

FARM

’’;

(2) in subsection (b), in the subsection heading, by striking

‘‘

ONSOLIDATED

ARM

ERVICE

GENCY

’’; and

(3) by striking ‘‘Consolidated Farm’’ each place it appears

and inserting ‘‘Farm’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Section 246 of the Department of Agriculture Reorga-

nization Act of 1994 (7 U.S.C. 6962) is amended—

(A) in subsection (c), by striking ‘‘Consolidated Farm’’

each place it appears and inserting ‘‘Farm’’; and

(B) in subsection (e)(2), by striking ‘‘Consolidated

Farm’’ each place it appears and inserting ‘‘Farm’’.

(2) Section 271(2)(A) of the Department of Agriculture Reor-

ganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended by

striking ‘‘Consolidated Farm’’ each place it appears and insert-

ing ‘‘Farm’’.

497

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(3) Section 275(b) of the Department of Agriculture Reorga-

nization Act of 1994 (7 U.S.C. 6995(b)) is amended by striking

‘‘Consolidated Farm’’ each place it appears and inserting

‘‘Farm’’.

SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUC-

TION AND CONSERVATION.

(a) O

FFICE OF

ISK

ANAGEMENT

.—Section 226A(d)(1) of the

Department of Agriculture Reorganization Act of 1994 (7 U.S.C.

6933(d)(1)) is amended by striking ‘‘Under Secretary of Agriculture

for Farm and Foreign Agricultural Services’’ and inserting ‘‘Under

Secretary of Agriculture for Farm Production and Conservation’’.

(b) M

ULTIAGENCY

ASK

ORCE

.—Section 242(b)(3) of the De-

partment of Agriculture Reorganization Act of 1994 (7 U.S.C.

6952(b)(3)) is amended by striking ‘‘Under Secretary for Farm and

Foreign Agricultural Services’’ and inserting ‘‘Under Secretary of

Agriculture for Farm Production and Conservation’’.

OOD

ONSULTATIVE

ROUP

.—Section 205(b)(2) of the

Food for Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking

‘‘Under Secretary of Agriculture for Farm and Foreign Agricultural

Services’’ and inserting ‘‘Under Secretary of Agriculture for Trade

and Foreign Agricultural Affairs’’.

(d) I

NTERAGENCY

OMMITTEE ON

INORITY

AREERS IN

NTER

NATIONAL

FFAIRS

.—Section 625(c)(1)(A) of the Higher Education

Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by striking

‘‘Under Secretary’’ and all that follows through ‘‘designee’’ and in-

serting ‘‘Under Secretary of Agriculture for Trade and Foreign Agri-

cultural Affairs, or the designee of that Under Secretary’’.

SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.

(a) C

HANGING

AME OF

FFICE

.—

(1) I

N GENERAL

.—Section 226B of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6934) is amend-

ed—

(A) in the section heading, by striking ‘‘

ADVOCACY AND

OUTREACH

’’ and inserting ‘‘

PARTNERSHIPS AND PUBLIC EN

GAGEMENT

’’; and

(B) by striking ‘‘Advocacy and Outreach’’ each place it

appears in subsections (a)(2), (b)(1), and (d)(4)(B) and in-

serting ‘‘Partnerships and Public Engagement’’.

(2) R

EFERENCES

.—Beginning on the date of the enactment

of this Act, any reference to the Office of Advocacy and Out-

reach established under section 226B of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6934) in any pro-

vision of Federal law shall be deemed to be a reference to the

Office of Partnerships and Public Engagement.

(b) I

NCREASING

UTREACH

.—Section 226B of the Department of

Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended

by subsection (a), is further amended—

(1) in subsection (b)(1)—

(A) in subparagraph (A), by striking ‘‘and’’ at the end;

(B) in subparagraph (B)—

(i) in clause (ii), by striking ‘‘and’’ at the end;

(ii) in clause (iii), by striking the period at the end

and inserting a semicolon; and

498

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(iii) by adding at the end the following new

clauses:

‘‘(iv) limited resource producers; and

‘‘(v) veteran farmers and ranchers; and’’; and

graph:

‘‘(C) to promote youth outreach.’’; and

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by inserting

‘‘veteran farmers and ranchers,’’ after ‘‘beginning farmers

or ranchers,’’;

(B) in paragraph (1), by striking ‘‘or socially disadvan-

taged’’ and inserting ‘‘socially disadvantaged, or veteran’’;

and

ranchers,’’ after ‘‘beginning farmers or ranchers,’’.

UTHORIZATION OF

PPROPRIATIONS

.—Section 226B(f)(3)(B)

of the Department of Agriculture Reorganization Act of 1994 (7

U.S.C. 6934(f)(3)(B)) is amended by striking ‘‘2018’’ and inserting

‘‘2023’’.

SEC. 12407. UNDER SECRETARY OF AGRICULTURE FOR RURAL DEVEL-

OPMENT.

Section 231 of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6941) is amended—

(1) in subsection (a), by striking ‘‘is authorized to’’ and in-

serting ‘‘shall’’; and

(2) in subsection (b), by striking ‘‘If the Secretary’’ and all

that follows through ‘‘the Under Secretary shall’’ and inserting

‘‘The Under Secretary of Agriculture for Rural Development

shall’’.

SEC. 12408. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.

(a) R

ATE OF

.—

(1) I

N GENERAL

.—Section 232(b) of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6942(b)) is amend-

ed to read as follows:

‘‘(b) A

DMINISTRATOR

.—

‘‘(1) A

PPOINTMENT

.—The Rural Utilities Service shall be

headed by an Administrator who shall be appointed by the

President.

‘‘(2) C

OMPENSATION

.—The Administrator of the Rural Utili-

ties Service shall receive basic pay at a rate not to exceed the

maximum amount of compensation payable to a member of the

Senior Executive Service under subsection (b) of section 5382 of

title 5, United States Code.’’.

(2) C

ONFORMING AMENDMENT

.—Section 5315 of title 5,

United States Code, is amended by striking ‘‘Administrator,

Rural Utilities Service, Department of Agriculture.’’.

(b) O

THER

MENDMENT

ELATING TO

DMINISTRATOR

.—Section

748 of the Agriculture, Rural Development, Food and Drug Admin-

istration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.

918b) is amended by inserting ‘‘the Secretary of Agriculture, acting

through’’ before ‘‘the Administrator of the Rural Utilities Service’’.

499

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

SEC. 12409. RURAL HEALTH LIAISON.

Subtitle C of title II of the Department of Agriculture Reorga-

nization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding

at the end the following:

‘‘SEC. 236. RURAL HEALTH LIAISON.

‘‘(a) A

UTHORIZATION

.—The Secretary shall establish in the De-

partment the position of Rural Health Liaison.

‘‘(b) D

UTIES

.—The Rural Health Liaison shall—

‘‘(1) in consultation with the Secretary of Health and

Human Services, coordinate the role of the Department with re-

spect to rural health;

‘‘(2) integrate across the Department the strategic planning

and activities relating to rural health;

‘‘(3) improve communication relating to rural health within

the Department and between Federal agencies;

‘‘(4) advocate on behalf of the health care and relevant in-

frastructure needs in rural areas;

‘‘(5) provide to stakeholders, potential grant applicants,

Federal agencies, State agencies, Indian Tribes, private organi-

zations, and academic institutions relevant data and informa-

tion, including the eligibility requirements for, and availability

and outcomes of, Department programs applicable to the ad-

vancement of rural health;

‘‘(6) maintain communication with public health, medical,

occupational safety, and telecommunication associations, re-

search entities, and other stakeholders to ensure that the De-

partment is aware of current and upcoming issues relating to

rural health;

‘‘(7) consult on programs, pilot projects, research, training,

and other affairs relating to rural health at the Department

and other Federal agencies;

‘‘(8) provide expertise on rural health to support the activi-

ties of the Secretary as Chair of the Council on Rural Commu-

nity Innovation and Economic Development; and

‘‘(9) provide technical assistance and guidance with respect

to activities relating to rural health to the outreach, extension,

and county offices of the Department.’’.

SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE.

(a) F

IELD

FFICES

.—Section 246 of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by

section 12404(b)(1)) is amended by adding at the end the following:

‘‘(g) F

IELD

FFICES

.—

‘‘(1) I

N GENERAL

.—The Secretary shall not close any field

office of the Natural Resources Conservation Service unless, not

later than 30 days before the date of the closure, the Secretary

submits to the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a notification of the closure.

‘‘(2) E

MPLOYEES

.—The Secretary shall not permanently re-

locate any field-based employees of the Natural Resources Con-

servation Service or the rural development mission area if

doing so would result in a field office of the Natural Resources

Conservation Service or the rural development mission area

with 2 or fewer employees, unless, not later than 30 days before

500

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

the date of the permanent relocation, the Secretary submits to

the Committee on Agriculture of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry of

the Senate a notification of the permanent relocation.

‘‘(3) S

UNSET

.—The requirements under paragraphs (1) and

(2) shall cease to be effective on September 30, 2023.’’.

(b) T

ECHNICAL

ORRECTIONS

.—Section 246 of the Department

of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as

amended by subsection (a)) is further amended—

(1) in subsection (b)—

(A) by striking paragraph (2);

(B) by redesignating paragraphs (3) through (6) as

paragraphs (2) through (5), respectively;

‘‘; Public Law 101–624’’ after ‘‘note’’; and

(D) in paragraph (5) (as so redesignated), by striking

‘‘3831–3836’’ and inserting ‘‘3831 et seq.’’; and

(2) in subsection (c), in the matter preceding paragraph (1),

by striking ‘‘paragraphs (1), (2), and (4) of subsection (b) and

the program under subchapter C of chapter 1 of subtitle D of

title XII of the Food Security Act of 1985 (16 U.S.C. 3837–

3837f)’’ and inserting ‘‘paragraphs (1) and (3) of subsection (b)’’.

ELOCATION IN

.—

(1) I

N GENERAL

.—Section 246 of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended

by subsections (a) and (b)) is—

(A) redesignated as section 228; and

(B) moved so as to appear at the end of subtitle B of

title II (7 U.S.C. 6931 et seq.).

(2) C

ONFORMING AMENDMENTS

.—

(A) Section 226 of the Department of Agriculture Reor-

ganization Act of 1994 (7 U.S.C. 6932) (as amended by sec-

tion 12404(a)) is amended—

(i) in subsection (b)(5), by striking ‘‘section 246(b)’’

and inserting ‘‘section 228(b)’’; and

(ii) in subsection (g)(2), by striking ‘‘section 246(b)’’

and inserting ‘‘section 228(b)’’.

(B) Section 271(2)(F) of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is amend-

ed by striking ‘‘section 246(b)’’ and inserting ‘‘section

228(b)’’.

SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.

(a) I

ENERAL

.—Section 251(e) of the Department of Agri-

culture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended—

(1) in the subsection heading, by striking ‘‘R

ESEARCH

, E

CATION

AND

XTENSION

FFICE

’’ and inserting ‘‘O

FFICE OF THE

HIEF

CIENTIST

’’;

(2) in paragraph (1), by striking ‘‘Research, Education, and

Extension Office’’ and inserting ‘‘Office of the Chief Scientist’’;

(3) in paragraph (2), in the matter preceding subparagraph

(A), by striking ‘‘Research, Education, and Extension Office’’

and inserting ‘‘Office of the Chief Scientist’’;

(4) in paragraph (3)(C), by striking ‘‘subparagraph (A)

shall not exceed 4 years’’ and inserting ‘‘clauses (i) and (iii) of

subparagraph (A) shall be for not less than 3 years’’;

501

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(5) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively;

(6) by inserting after paragraph (3) the following:

‘‘(4) A

DDITIONAL LEADERSHIP DUTIES

.—In addition to select-

ing the Division Chiefs under paragraph (3), using available

personnel authority under title 5, United States Code, the

Under Secretary shall select personnel—

‘‘(A) to oversee implementation, training, and compli-

ance with the scientific integrity policy of the Department;

‘‘(B)(i) to integrate strategic program planning and

evaluation functions across the programs of the Depart-

ment; and

‘‘(ii) to help prepare the annual report to Congress on

the relevance and adequacy of programs under the jurisdic-

tion of the Under Secretary;

‘‘(C) to assist the Chief Scientist in coordinating the

international engagements of the Department with the De-

partment of State and other international agencies and of-

fices of the Federal Government; and

‘‘(D) to oversee other duties as may be required by Fed-

eral law or Department policy.’’;

(7) in paragraph (5) (as so redesignated)—

(A) in subparagraph (A), by striking ‘‘Notwithstanding’’

and inserting the following:

‘‘(i) A

UTHORIZATION OF APPROPRIATIONS

.—There is

authorized to be appropriated such sums as are nec-

essary to fund the costs of Division personnel.

‘‘(ii) A

DDITIONAL FUNDING

.—In addition to

amounts made available under clause (i), notwith-

standing’’; and

(B) in subparagraph (C)—

(i) in clause (i), by striking ‘‘and’’ at the end;

(ii) in clause (ii), by striking the period at the end

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

‘‘(iii) provides strong staff continuity to the Office

of the Chief Scientist.’’; and

(8) in paragraph (6) (as so redesignated), by striking ‘‘Re-

search, Education and Extension Office’’ and inserting ‘‘Office

of the Chief Scientist’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Section 251(f)(5)(B) of the Department of Agriculture Re-

organization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended by

striking ‘‘Research, Education and Extension Office’’ and insert-

ing ‘‘Office of the Chief Scientist’’.

(2) Section 296(b)(6)(B) of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended

by striking ‘‘Research, Education, and Extension Office’’ and in-

serting ‘‘Office of the Chief Scientist’’.

SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING

OFFICERS.

Section 272(e) of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6992(e)) is amended to read as follows:

‘‘(e) D

IVISION

ERSONNEL

.—

502

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(1) I

N GENERAL

.—The Director shall recommend to the

Secretary persons for appointment as hearing officers as are

necessary for the conduct of hearings under section 277. The Di-

rector shall appoint such other employees as are necessary for

the administration of the Division. A hearing officer or other

employee of the Division shall have no duties other than those

that are necessary to carry out this subtitle. Each position of the

Division shall be filled by an individual who is not a political

appointee.

‘‘(2) P

OLITICAL APPOINTEE

.—In this subsection, the term ‘po-

litical appointee’ means an individual occupying—

‘‘(A) a position described under sections 5312 through

5316 of title 5, United States Code (relating to the Execu-

tive Schedule);

‘‘(B) a noncareer position in the Senior Executive Serv-

ice, as described under section 3132(a)(7) of that title;

‘‘(C) a position in the executive branch of the Govern-

ment of a confidential or policy-determining character

under schedule C of subpart C of part 213 of title 5, Code

of Federal Regulations; or

‘‘(D) a position which has been excepted from the com-

petitive service by reason of its confidential, policy-deter-

mining, policy-making, or policy-advocating character.’’.

SEC. 12413. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.

The Department of Agriculture Reorganization Act of 1994 is

amended—

(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as

subtitle K; and

(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.) the

following:

‘‘Subtitle J—Trade and Foreign

Agricultural Affairs

‘‘SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND FOR-

EIGN AGRICULTURAL AFFAIRS.

‘‘(a) E

STABLISHMENT

.—There is established in the Department

the position of Under Secretary of Agriculture for Trade and For-

eign Agricultural Affairs.

‘‘(b) A

PPOINTMENT

.—The Under Secretary of Agriculture for

Trade and Foreign Agricultural Affairs shall be appointed by the

President, by and with the advice and consent of the Senate.

‘‘(c) F

UNCTIONS

.—

‘‘(1) P

RINCIPAL FUNCTIONS

.—The Secretary shall delegate to

the Under Secretary of Agriculture for Trade and Foreign Agri-

cultural Affairs those functions and duties under the jurisdic-

tion of the Department that are related to trade and foreign ag-

ricultural affairs.

‘‘(2) A

DDITIONAL FUNCTIONS

.—The Under Secretary of Agri-

culture for Trade and Foreign Agricultural Affairs shall per-

form such other functions and duties as may be—

‘‘(A) required by law; or

‘‘(B) prescribed by the Secretary.’’.

503

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

SEC. 12414. REPEALS.

(a) D

EPARTMENT OF

GRICULTURE

EORGANIZATION

CT OF

1994.—The following provisions of the Department of Agriculture

Reorganization Act of 1994 are repealed:

(1) Section 211 (7 U.S.C. 6911).

(2) Section 213 (7 U.S.C. 6913).

(3) Section 214 (7 U.S.C. 6914).

(4) Section 217 (7 U.S.C. 6917).

(5) Section 247 (7 U.S.C. 6963).

(6) Section 252 (7 U.S.C. 6972).

(7) Section 295 (7 U.S.C. 7013).

(b) O

THER

ROVISION

.—Section 3208 of the Agricultural Act of

2014 (7 U.S.C. 6935) is repealed.

ULE OF

ONSTRUCTION

.—Nothing in the amendments

made by this section shall be construed as affecting—

(1) the authority of the Secretary to continue to carry out

a function vested in, and performed by, the Secretary as of the

date of enactment of this Act under any provision of Federal

law other than the provisions repealed by subsections (a) and

(b); or

(2) the authority of an agency, office, officer, or employee of

the Department of Agriculture to continue to perform all func-

tions delegated or assigned to the agency, office, officer, or em-

ployee as of the date of enactment of this Act any provision of

Federal law other than the provisions repealed by subsections

(a) and (b).

SEC. 12415. TECHNICAL CORRECTIONS.

(a) O

FFICE OF

ISK

ANAGEMENT

.—Section 226A(a) of the De-

partment of Agriculture Reorganization Act of 1994 (7 U.S.C.

6933(a)) is amended by striking ‘‘Subject to subsection (e), the Sec-

retary’’ and inserting ‘‘The Secretary’’.

(b) C

ORRECTION OF

RROR

.—

(1) A

SSISTANT SECRETARIES OF AGRICULTURE

.—Section 218

of the Department of Agriculture Reorganization Act of 1994 (7

U.S.C. 6918) (as in effect on the day before the effective date of

the amendments made by section 2(a)(1) of the Presidential Ap-

pointment Efficiency and Streamlining Act of 2011 (Public Law

112–166; 126 Stat. 1283, 1295)) is amended by striking ‘‘Sen-

ate.’’ in subsection (b) and all that follows through ‘‘responsi-

bility for—’’ in the matter preceding paragraph (1) of subsection

(d) and inserting the following: ‘‘Senate.

‘‘(c) D

UTIES OF

SSISTANT

ECRETARY OF

GRICULTURE FOR

IVIL

IGHTS

.—The Secretary may delegate to the Assistant Sec-

retary for Civil Rights responsibility for—’’.

(2) E

FFECTIVE DATE

.—The amendments made by para-

graph (1) take effect on the effective date described in section

6(a) of the Presidential Appointment Efficiency and Stream-

lining Act of 2011 (Public Law 112–166; 126 Stat. 1295).

SEC. 12416. TERMINATION OF AUTHORITY.

Section 296(b) of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the

following:

‘‘(9) The authority of the Secretary to carry out the amend-

ments made to this title by section 772 of the Agriculture, Rural

504

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

Development, Food and Drug Administration, and Related

Agencies Appropriations Act, 2018.

‘‘(10) The authority of the Secretary to carry out the amend-

ments made to this title by the Agriculture Improvement Act of

2018.’’.

Subtitle E—Other Miscellaneous Provisions

PART I—MISCELLANEOUS AGRICULTURE

PROVISIONS

SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.

Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.

1632c(f)) is amended by striking ‘‘2018’’ and inserting ‘‘2023’’.

SEC. 12502. PROTECTING ANIMALS WITH SHELTER.

(a) C

RIMES

ELATED TO

OMESTIC

IOLENCE AND

TALKING

ARGETING

ETS

.—

(1) I

NTERSTATE STALKING

.—Section 2261A of title 18,

United States Code, is amended—

(A) in paragraph (1)(A)—

(i) in clause (ii), by striking ‘‘or’’ at the end; and

(ii) by inserting after clause (iii) the following:

‘‘(iv) the pet, service animal, emotional support

animal, or horse of that person; or’’; and

(B) in paragraph (2)(A)—

(i) by inserting after ‘‘to a person’’ the following: ‘‘,

a pet, a service animal, an emotional support animal,

or a horse’’; and

(ii) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or (iv)’’.

(2) I

NTERSTATE VIOLATION OF PROTECTION ORDER

.—Section

2262 of title 18, United States Code, is amended—

(A) in subsection (a)—

(i) in paragraph (1), by inserting after ‘‘another

person’’ the following: ‘‘or the pet, service animal, emo-

tional support animal, or horse of that person’’; and

(ii) in paragraph (2), by inserting after ‘‘proximity

to, another person’’ the following ‘‘or the pet, service

animal, emotional support animal, or horse of that per-

son’’; and

(B) in subsection (b)(5), by inserting after ‘‘in any other

case,’’ the following: ‘‘including any case in which the of-

fense is committed against a pet, service animal, emotional

support animal, or horse,’’.

(3) R

ESTITUTION TO INCLUDE VETERINARY SERVICES

.—Sec-

tion 2264 of title 18, United States Code, is amended in sub-

section (b)(3)—

(A) by redesignating subparagraph (F) as subpara-

graph (G);

(B) in subparagraph (E), by striking ‘‘and’’ at the end;

and

‘‘(F) veterinary services relating to physical care for the

victim’s pet, service animal, emotional support animal, or

horse; and’’.

505

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(4) D

EFINITIONS

.—Section 2266 of title 18, United States

Code, is amended by inserting after paragraph (10) the fol-

lowing:

‘‘(11) P

.—The term ‘pet’ means a domesticated animal,

such as a dog, cat, bird, rodent, fish, turtle, or other animal

that is kept for pleasure rather than for commercial purposes.

‘‘(12) E

MOTIONAL SUPPORT ANIMAL

.—The term ‘emotional

support animal’ means an animal that is covered by the exclu-

sion specified in section 5.303 of title 24, Code of Federal Regu-

lations (or a successor regulation), and that is not a service ani-

mal.

‘‘(13) S

ERVICE ANIMAL

.—The term ‘service animal’ has the

meaning given the term in section 36.104 of title 28, Code of

Federal Regulations (or a successor regulation).’’.

(b) E

MERGENCY AND

RANSITIONAL

HELTER AND

OUSING

SSISTANCE

RANT

ROGRAM

.—

(1) G

RANT PROGRAM

.—

(A) I

N GENERAL

.—The Secretary, acting in consultation

with the Office of the Violence Against Women of the De-

partment of Justice, the Secretary of Housing and Urban

Development, and the Secretary of Health and Human

Services, shall award grants under this subsection to eligi-

ble entities to carry out programs to provide the assistance

described in paragraph (3) with respect to victims of do-

mestic violence, dating violence, sexual assault, or stalking

and the pets, service animals, emotional support animals,

or horses of such victims.

(B) M

EMORANDUM OF UNDERSTANDING

.—The Secretary

may enter into a memorandum of understanding with the

head of another Department or agency, as appropriate, to

carry out any of the authorities provided to the Secretary

under this section.

(2) A

PPLICATION

.—

(A) I

N GENERAL

.—An eligible entity seeking a grant

under this subsection shall submit an application to the

Secretary at such time, in such manner, and containing

such information as the Secretary may reasonably require,

including—

(i) a description of the activities for which a grant

under this subsection is sought;

(ii) such assurances as the Secretary determines to

be necessary to ensure compliance by the entity with

the requirements of this subsection; and

(iii) a certification that the entity, before engaging

with any individual domestic violence victim, will dis-

close to the victim any mandatory duty of the entity to

report instances of abuse and neglect (including in-

stances of abuse and neglect of pets, service animals,

emotional support animals, or horses).

(B) A

DDITIONAL REQUIREMENTS

.—In addition to the re-

quirements of subparagraph (A), each application sub-

mitted by an eligible entity under that subparagraph

shall—

506

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(i) not include proposals for any activities that

may compromise the safety of a domestic violence vic-

tim, including—

(I) background checks of domestic violence vic-

tims; or

(II) clinical evaluations to determine the eligi-

bility of such a victim for support services;

(ii) not include proposals that would require man-

datory services for victims or that a victim obtain a

protective order in order to receive proposed services;

and

(iii) reflect the eligible entity’s understanding of the

dynamics of domestic violence, dating violence, sexual

assault, or stalking.

ULES OF CONSTRUCTION

.—Nothing in this para-

graph shall be construed to require—

(i) domestic violence victims to participate in the

criminal justice system in order to receive services; or

(ii) eligible entities receiving a grant under this

subsection to breach client confidentiality.

(3) U

SE OF FUNDS

.—Grants awarded under this subsection

may only be used for programs that provide—

(A) emergency and transitional shelter and housing as-

sistance for domestic violence victims with pets, service ani-

mals, emotional support animals, or horses, including as-

sistance with respect to any construction or operating ex-

penses of newly developed or existing emergency and transi-

tional pet, service animal, emotional support animal, or

horse shelter and housing (regardless of whether such shel-

ter and housing is co-located at a victim service provider or

within the community);

(B) short-term shelter and housing assistance for do-

mestic violence victims with pets, service animals, emo-

tional support animals, or horses, including assistance

with respect to expenses incurred for the temporary shelter,

housing, boarding, or fostering of the pets, service animals,

emotional support animals, or horses of domestic violence

victims and other expenses that are incidental to securing

the safety of such a pet, service animal, emotional support

animal, or horse during the sheltering, housing, or reloca-

tion of such victims;

lence victim who is fleeing a situation of domestic violence,

dating violence, sexual assault, or stalking to—

(i) locate and secure—

(I) safe housing with the victim’s pet, service

animal, emotional support animal, or horse; or

(II) safe accommodations for the victim’s pet,

service animal, emotional support animal, or

horse; or

(ii) provide the victim with pet, service animal,

emotional support animal, or horse related services,

such as transportation, care services, and other assist-

ance; or

(D) for the training of relevant stakeholders on—

507

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(i) the link between domestic violence, dating vio-

lence, sexual assault, or stalking and the abuse and ne-

glect of pets, service animals, emotional support ani-

mals, and horses;

(ii) the needs of domestic violence victims;

(iii) best practices for providing support services to

such victims;

(iv) best practices for providing such victims with

referrals to victims’ services; and

(v) the importance of confidentiality.

(4) G

RANT CONDITIONS

.—An eligible entity that receives a

grant under this subsection shall, as a condition of such receipt,

agree—

(A) to be bound by the nondisclosure of confidential in-

formation requirements of section 40002(b)(2) of the Vio-

lence Against Women Act of 1994 (34 U.S.C. 12291(b)(2));

and

(B) that the entity shall not condition the receipt of

support, housing, or other benefits provided pursuant to

this subsection on the participation of domestic violence vic-

tims in any or all of the support services offered to such vic-

tims through a program carried out by the entity using

grant funds.

(5) D

URATION OF ASSISTANCE PROVIDED TO VICTIMS

.—

(A) I

N GENERAL

.—Subject to subparagraph (B), assist-

ance provided with respect to a pet, service animal, emo-

tional support animal, or horse of a domestic violence vic-

tim using grant funds awarded under this subsection shall

be provided for a period of not more than 24 months.

(B) E

XTENSION

.—An eligible entity that receives a

grant under this subsection may extend the 24-month pe-

riod referred to in subparagraph (A) for a period of not

more than 6 months in the case of a domestic violence vic-

tim who—

(i) has made a good faith effort to acquire perma-

nent housing for the victim and the victim’s pet, service

animal, emotional support animal, or horse during

that 24-month period; and

(ii) has been unable to acquire such permanent

housing within that period.

(6) R

EPORT TO THE SECRETARY

.—Not later than 1 year after

the date on which an eligible entity receives a grant under this

subsection and each year thereafter in which the grant funds

are used, the entity shall submit to the Secretary a report that

contains, with respect to assistance provided by the entity to do-

mestic violence victims with pets, service animals, emotional

support animals, or horses using grant funds received under

this subsection, information on—

(A) the number of domestic violence victims with pets,

service animals, emotional support animals, or horses pro-

vided such assistance; and

(B) the purpose, amount, type of, and duration of such

assistance.

(7) R

EPORT TO CONGRESS

.—

508

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(A) R

EPORTING REQUIREMENT

.—Not later than Novem-

ber 1 of each even-numbered fiscal year, the Secretary shall

submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutri-

tion, and Forestry of the Senate a report that contains a

compilation of the information contained in the reports sub-

mitted under paragraph (6).

(B) A

VAILABILITY OF REPORT

.—The Secretary shall

transmit a copy of the report submitted under subpara-

graph (A) to—

(i) the Office on Violence Against Women of the De-

partment of Justice;

(ii) the Office of Community Planning and Devel-

opment of the Department of Housing and Urban De-

velopment; and

(iii) the Administration for Children and Families

of the Department of Health and Human Services.

(8) A

UTHORIZATION OF APPROPRIATIONS

.—

(A) I

N GENERAL

.—There is authorized to be appro-

priated to carry out this subsection $3,000,000 for each of

fiscal years 2019 through 2023.

(B) L

IMITATION

.—Of the amount made available under

subparagraph (A) in any fiscal year, not more than 5 per-

cent may be used for evaluation, monitoring, salaries, and

administrative expenses.

(9) D

EFINITIONS

.—In this subsection:

(A) D

OMESTIC VIOLENCE VICTIM DEFINED

.—The term

‘‘domestic violence victim’’ means a victim of domestic vio-

lence, dating violence, sexual assault, or stalking.

(B) E

LIGIBLE ENTITY

.—The term ‘‘eligible entity’’

means—

(i) a State;

(ii) a unit of local government;

(iii) an Indian tribe; or

(iv) any other organization that has a documented

history of effective work concerning domestic violence,

dating violence, sexual assault, or stalking (as deter-

mined by the Secretary), including—

(I) a domestic violence and sexual assault vic-

tim service provider;

(II) a domestic violence and sexual assault co-

alition;

(III) a community-based and culturally spe-

cific organization;

(IV) any other nonprofit, nongovernmental or-

ganization; and

(V) any organization that works directly with

pets, service animals, emotional support animals,

or horses and collaborates with any organization

referred to in clauses (i) through (iv), including—

(aa) an animal shelter; and

(bb) an animal welfare organization.

MOTIONAL SUPPORT ANIMAL

.—The term ‘‘emo-

tional support animal’’ means an animal that is covered by

the exclusion specified in section 5.303 of title 24, Code of

509

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

Federal Regulations (or a successor regulation), and that is

not a service animal.

(D) P

.—The term ‘‘pet’’ means a domesticated ani-

mal, such as a dog, cat, bird, rodent, fish, turtle, or other

animal that is kept for pleasure rather than for commercial

purposes.

(E) S

ERVICE ANIMAL

.—The term ‘‘service animal’’ has

the meaning given the term in section 36.104 of title 28,

Code of Federal Regulations (or a successor regulation).

(F) O

THER TERMS

.—Except as otherwise provided in

this subsection, terms used in this section shall have the

meaning given such terms in section 40002(a) of the Vio-

lence Against Women Act of 1994 (34 U.S.C. 12291(a)).

ENSE OF

ONGRESS

.—It is the sense of Congress that States

should encourage the inclusion of protections against violent or

threatening acts against the pet, service animal, emotional support

animal, or horse of a person in domestic violence protection orders.

SEC. 12503. MARKETING ORDERS.

Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C.

608e–1(a)), reenacted with amendments by the Agricultural Mar-

keting Agreement Act of 1937, is amended by inserting ‘‘cherries, pe-

cans,’’ after ‘‘walnuts,’’.

SEC. 12504. 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 sections 12202,

12302, and 12403, is further amended by adding at the end the fol-

lowing:

‘‘SEC. 224. FOOD LOSS AND WASTE REDUCTION LIAISON.

‘‘(a) E

STABLISHMENT

.—The Secretary shall establish a Food

Loss and Waste Reduction Liaison to coordinate Federal, State,

local, and nongovernmental programs, and other efforts, to measure

and reduce the incidence of food loss and waste in accordance with

this section.

‘‘(b) I

ENERAL

.—The Food Loss and Waste Reduction Liaison

shall—

‘‘(1) coordinate food loss and waste reduction efforts within

the Department of Agriculture and with other Federal agencies,

including the Environmental Protection Agency and the Food

and Drug Administration;

‘‘(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, en-

tities engaged in food loss and waste reduction and food recov-

ery, including information about the availability of, and eligi-

bility requirements for, participation in Federal, State, local,

and nongovernmental 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 reduc-

tion and food recovery; and

510

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(5) make recommendations with respect to expanding inno-

vative food recovery models and reducing the incidence of food

loss and waste.

‘‘(c) C

OOPERATIVE

GREEMENTS

.—For purposes of carrying out

the duties under subsection (b), the Food Loss and Waste Reduction

Liaison may enter into contracts or cooperative agreements with the

research centers of the Research, Education, and Economics mission

area, institutions of higher education (as defined in section 101 of

the Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit or-

ganizations 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.

‘‘(d) S

TUDY ON

OOD

ASTE

.—The Secretary shall conduct a

study, in consultation with the Food Loss and Waste Reduction Li-

aison, to evaluate and determine—

‘‘(1) methods of measuring food waste;

‘‘(2) standards for the volume of food waste;

‘‘(3) factors that contribute to food waste;

‘‘(4) the cost and volume of food loss;

‘‘(5) the effectiveness of existing liability protections af-

forded under the Bill Emerson Good Samaritan Food Donation

Act (42 U.S.C. 1791); and

‘‘(6) measures to ensure that programs contemplated, un-

dertaken, or funded by the Department of Agriculture do not

disrupt existing food waste recovery and disposal efforts by

commercial, marketing, or business relationships.

‘‘(e) R

EPORTS

.—

‘‘(1) I

NITIAL REPORT

.—Not later than 1 year after the date

of enactment of this section, the Food Loss and Waste Liaison

shall submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition,

and Forestry of the Senate a report that describes the results of

the study conducted under subsection (d).

‘‘(2) R

EPORT

.—Not later than 1 year after the date of the

submission of the report under paragraph (1), the Secretary

shall submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition,

and Forestry of the Senate a report that contains, with respect

to the preceding year—

‘‘(A) an estimate of the quantity of food waste during

such year; and

‘‘(B) the results of the food waste reduction and loss

prevention activities carried out or led by the Department

of Agriculture.’’.

SEC. 12505. REPORT ON BUSINESS CENTERS.

(a) I

ENERAL

.—Not later than 365 days after the date of en-

actment of this Act, the Comptroller General of the United States

shall submit to the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and For-

estry of the Senate a report evaluating each business center estab-

lished in the Department of Agriculture.

(b) I

NCLUSIONS

.—The report under subsection (a) shall in-

clude—

511

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(1) an examination of the effectiveness of each business cen-

ter in carrying out its mission, including any recommendations

to improve the operation of and function of any of those busi-

ness centers; and

(2) an evaluation of—

(A) the impact the business centers have on customer

service of the Department of Agriculture;

(B) the impact on the annual budget for agencies the

budget offices of which have been relocated to the business

center, and the effectiveness of funds used to support the

business centers, including an accounting of all discre-

tionary and mandatory funding provided to the business

center for conservation and farm services from—

(i) the Natural Resources Conservation Service;

(ii) the Farm Service Agency; and

(iii) the Risk Management Agency;

formation technology modernizations;

(D) the impact that the business centers have had on

the human resources of the Department of Agriculture, in-

cluding hiring;

(E) any concerns or problems with the business centers;

and

(F) any positive or negative impact that the business

centers have had on the functionality of the Department of

Agriculture.

SEC. 12506. REPORT ON PERSONNEL.

For the period of fiscal years 2019 through 2023, the Secretary

shall submit to the Committee on Agriculture of the House of Rep-

resentatives and the Committee on Agriculture, Nutrition, and For-

estry of the Senate a biannual report describing the number of staff

years and employees of each agency of the Department of Agri-

culture.

SEC. 12507. REPORT ON ABSENT LANDLORDS.

(a) I

ENERAL

.—Not later than 1 year after the date of enact-

ment of this Act, the Secretary shall submit to Congress a report de-

scribing the effects of absent landlords on the long-term economic

health of agricultural production, including the effect of absent

landlords on—

(1) land valuation;

(2) soil health; and

(3) the economic stability of rural communities.

(b) C

ONTENTS

.—The report under subsection (a) shall include—

(1) a description of the positive and negative effects of an

absent landlord on the land owned by the landlord, including—

(A) the effect of an absent landlord on the long-term

value of the land; and

(B) the environmental and economic impact of an ab-

sent landlord on the surrounding community; and

(2) recommendations to policymakers concerning how to

mitigate those effects when necessary.

SEC. 12508. CENTURY FARMS PROGRAM.

The Secretary shall establish a program under which the Sec-

retary recognizes any farm that—

512

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(1) a State department of agriculture or similar statewide

agricultural organization recognizes as a Century Farm; or

(2)(A) is defined as a farm or ranch under section 4284.902

of title 7, Code of Federal Regulations (as in effect on the date

of enactment of this Act);

(B) has been in continuous operation for at least 100 years;

and

secutive years, as verified through deeds, wills, abstracts, tax

statements, or other similar legal documents considered appro-

priate by the Secretary.

SEC. 12509. REPORT ON IMPORTATION OF LIVE DOGS.

(a) I

ENERAL

.—Not later than 1 year after the date of the en-

actment of this Act, the Secretary shall submit to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report on the

importation of live dogs into the United States.

(b) C

ONTENTS

.—The report submitted under subsection (a) shall

include, with respect to the importation of live dogs into the United

States for each of the 3 most recent calendar years for which data

are available—

(1) the total number of live dogs imported;

(2) the number of live dogs imported as personal pets;

(3) the number of live dogs imported for resale (as defined

in section 18(a) of the Animal Welfare Act (7 U.S.C. 2148(a));

(4) the number of live dogs for which importation was re-

quested but denied due to the proposed importation failing to

meet the requirements under—

(A) section 18 of the Animal Welfare Act (7 U.S.C.

2148);

(B) section 71.51 of title 42, Code of Federal Regula-

tions (or any successor regulations); or

(5) any recommendations of the Secretary for modifications

to Federal law (including regulations) relating to the importa-

tion of live dogs, including for the protection of public health.

ROVISION OF

NFORMATION

.—To facilitate the preparation

of the report submitted under subsection (a), not later than 180 days

after the date of enactment of this Act, the Secretary of Commerce,

the Secretary of Health and Human Services, and the Secretary of

Homeland Security shall each provide to the Secretary of Agri-

culture all available data and information relating to the importa-

tion of live dogs into the United States, including—

(1) the data described in paragraphs (1) through (4) of sub-

section (b) for each of the 3 most recent calendar years for

which data is available; and

(2) any recommendations for modifications to Federal law

(including regulations) relating to the importation of live dogs,

including for the protection of public health.

SEC. 12510. TRIBAL PROMISE ZONES.

(a) I

ENERAL

.—In this section, the term ‘‘Tribal Promise

Zone’’ means an area that—

(1) is nominated by 1 or more Indian tribes (as defined in

section 4(13) of the Native American Housing Assistance and

513

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for des-

ignation as a Tribal Promise Zone (in this section referred to

as a ‘‘nominated zone’’);

(2) has a continuous boundary; and

(3) the Secretary designates as a Tribal Promise Zone, after

consultation with the Secretary of Commerce, the Secretary of

Education, the Attorney General, the Secretary of the Interior,

the Secretary of Housing and Urban Development, the Secretary

of Health and Human Services, the Secretary of Labor, the Sec-

retary of the Treasury, the Secretary of Transportation, and

other agencies as appropriate.

(b) A

UTHORIZATION AND

UMBER OF

ESIGNATIONS

.—Not later

than 1 year after the date of enactment of this Act, the Secretary

shall nominate a minimum number of nominated zones, as deter-

mined by the Secretary in consultation with Indian tribes, to be des-

ignated as Tribal Promise Zones.

ERIOD OF

ESIGNATIONS

.—

(1) I

N GENERAL

.—The Secretary shall designate nominated

zones as Tribal Promise Zones before January 1, 2020.

(2) E

FFECTIVE DATES OF DESIGNATIONS

.—The designation

of any Tribal Promise Zone shall take effect—

(A) for purposes of priority consideration in Federal

grant programs and initiatives (other than this section),

upon execution of the Tribal Promise Zone agreement with

the Secretary; and

(B) for purposes of this section, on January 1 of the

first calendar year beginning after the date of the execution

of the Tribal Promise Zone agreement.

(3) T

ERMINATION OF DESIGNATIONS

.—The designation of

any Tribal Promise Zone shall end on the earlier of—

(A)(i) with respect to a Tribal Promise Zone not de-

scribed in paragraph (4), the end of the 10-year period be-

ginning on the date that such designation takes effect; or

(ii) with respect to a Tribal Promise Zone described in

paragraph (4), the end of the 10-year period beginning on

the date the area was designated as a Tribal Promise Zone

before the date of the enactment of this Act; or

(B) the date of the revocation of such designation.

(4) A

PPLICATION TO CERTAIN ZONES ALREADY DES

IGNATED

.—In the case of any area designated as a Tribal Prom-

ise Zone by the Secretary before the date of the enactment of

this Act, such area shall be deemed a Tribal Promise Zone des-

ignated under this section (notwithstanding whether any such

designation has been revoked before the date of the enactment

of this Act) and shall reduce the number of Tribal Promise

Zones remaining to be designated under paragraph (1).

(d) L

IMITATIONS ON

ESIGNATIONS

.—No area may be des-

ignated under this section unless—

(1) the entities nominating the area have the authority to

nominate the area of designation under this section;

(2) such entities provide written assurances satisfactory to

the Secretary that the competitiveness plan described in the ap-

plication under subsection (e) for such area will be implemented

and that such entities will provide the Secretary with such data

regarding the economic conditions of the area (before, during,

514

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

and after the area’s period of designation as a Tribal Promise

Zone) as the Secretary may require; and

(3) the Secretary determines that any information furnished

is reasonably accurate.

(e) A

PPLICATION

.—No area may be designated under this sec-

tion unless the application for such designation—

(1) demonstrates that the nominated zone satisfies the eligi-

bility criteria described in subsection (a); and

(2) includes a competitiveness plan that—

(A) addresses the need of the nominated zone to attract

investment and jobs and improve educational opportuni-

ties;

(B) leverages the nominated zone’s economic strengths

and outlines targeted investments to develop competitive

advantages;

stakeholders;

(D) outlines a strategy that connects the nominated

zone to drivers of regional economic growth; and

(E) proposes a strategy for focusing on increased access

to high quality affordable housing and improved public

safety.

(f) S

ELECTION

RITERIA

.—

(1) I

N GENERAL

.—From among the nominated zones eligible

for designation under this section, the Secretary shall designate

Tribal Promise Zones on the basis of—

(A) the effectiveness of the competitiveness plan sub-

mitted under subsection (e) and the assurances made under

subsection (d);

(B) unemployment rates, poverty rates, vacancy rates,

crime rates, and such other factors as the Secretary may

identify, including household income, labor force participa-

tion, and educational attainment; and

(2) M

INIMAL STANDARDS

.—The Secretary may set minimal

standards for the levels of unemployment and poverty that must

be satisfied for designation as a Tribal Promise Zone.

SEC. 12511. PRECISION AGRICULTURE CONNECTIVITY.

(a) F

INDINGS

.—Congress finds the following:

(1) Precision agriculture technologies and practices allow

farmers to significantly increase crop yields, eliminate overlap

in operations, and reduce inputs such as seed, fertilizer, pes-

ticides, water, and fuel.

(2) These technologies allow farmers to collect data in real

time about their fields, automate field management, and maxi-

mize resources.

(3) Studies estimate that precision agriculture technologies

can reduce agricultural operation costs by up to 25 dollars per

acre and increase farm yields by up to 70 percent by 2050.

(4) The critical cost savings and productivity benefits of

precision agriculture cannot be realized without the availability

of reliable broadband Internet access service delivered to the ag-

ricultural land of the United States.

(5) The deployment of broadband Internet access service to

unserved agricultural land is critical to the United States econ-

515

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

omy and to the continued leadership of the United States in

global food production.

(6) Despite the growing demand for broadband Internet ac-

cess service on agricultural land, broadband Internet access

service is not consistently available where needed for agricul-

tural operations.

(7) The Federal Communications Commission has an im-

portant role to play in the deployment of broadband Internet ac-

cess service on unserved agricultural land to promote precision

agriculture.

(b) T

ASK

ORCE

.—

(1) D

EFINITIONS

.—In this subsection:

(A)(i) The term ‘‘broadband Internet access service’’

means a mass-market retail service by wire or radio that

provides the capability to transmit data to, and receive

data from, all or substantially all Internet endpoints, in-

cluding any capabilities that are incidental to, and enable

the operation of, the communications service, but excluding

dial up internet access service.

(ii) Such term includes any service the Commission

finds to be providing a functional equivalent of the service

described in clause (i).

(B) The term ‘‘Commission’’ means the Federal Com-

munications Commission.

Agriculture.

(D) The term ‘‘Secretary’’ means the Secretary of Agri-

culture.

(E) The term ‘‘Task Force’’ means the Task Force for

Reviewing the Connectivity and Technology Needs of Preci-

sion Agriculture in the United States established under

paragraph (2).

(2) E

STABLISHMENT

.—Not later than 1 year after the date

of enactment of this Act, the Commission shall establish the

Task Force for Reviewing the Connectivity and Technology

Needs of Precision Agriculture in the United States.

(3) D

UTIES

.—

(A) I

N GENERAL

.—The Task Force shall consult with

the Secretary, or a designee of the Secretary, and collabo-

rate with public and private stakeholders in the agriculture

and technology fields to—

(i) identify and measure current gaps in the avail-

ability of broadband Internet access service on agricul-

tural land;

(ii) develop policy recommendations to promote the

rapid, expanded deployment of broadband Internet ac-

cess service on unserved agricultural land, with a goal

of achieving reliable capabilities on 95 percent of agri-

cultural land in the United States by 2025;

(iii) promote effective policy and regulatory solu-

tions that encourage the adoption of broadband Inter-

net access service on farms and ranches and promote

precision agriculture;

(iv) recommend specific new rules or amendments

to existing rules of the Commission that the Commis-

516

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

sion should issue to achieve the goals and purposes of

the policy recommendations described in clause (ii);

(v) recommend specific steps that the Commission

should take to obtain reliable and standardized data

measurements of the availability of broadband Internet

access service as may be necessary to target funding

support, from future programs of the Commission dedi-

cated to the deployment of broadband Internet access

service, to unserved agricultural land in need of

broadband Internet access service; and

(vi) recommend specific steps that the Commission

should consider to ensure that the expertise of the Sec-

retary and available farm data are reflected in future

programs of the Commission dedicated to the infra-

structure deployment of broadband Internet access

service and to direct available funding to unserved ag-

ricultural land where needed.

(B) N

O DUPLICATE DATA REPORTING

.—In performing

the duties of the Commission under subparagraph (A), the

Commission shall ensure that no provider of broadband

Internet access service is required to report data to the

Commission that is, on the day before the date of enactment

of this Act, required to be reported by the provider of

broadband Internet access service.

OLD HARMLESS

.—The Task Force and the Com-

mission shall not interpret the phrase ‘‘future programs of

the Commission’’, as used in clauses (v) and (vi) of sub-

paragraph (A), to include the universal service programs of

the Commission established under section 254 of the Com-

munications Act of 1934 (47 U.S.C. 254).

(D) C

ONSULTATION

.—The Secretary, or a designee of

the Secretary, shall explain and make available to the Task

Force the expertise, data mapping information, and re-

sources of the Department that the Department uses to

identify cropland, ranchland, and other areas with agricul-

tural operations that may be helpful in developing the rec-

ommendations required under subparagraph (A).

(E) L

IST OF AVAILABLE FEDERAL PROGRAMS AND RE

SOURCES

.—Not later than 180 days after the date of enact-

ment of this Act, the Secretary and the Commission shall

jointly submit to the Task Force a list of all Federal pro-

grams or resources available for the expansion of

broadband Internet access service on unserved agricultural

land to assist the Task Force in carrying out the duties of

the Task Force.

(4) M

EMBERSHIP

.—

(A) I

N GENERAL

.—The Task Force shall be—

(i) composed of not more than 15 voting members

who shall—

(I) be selected by the Chairman of the Commis-

sion, in consultation with the Secretary; and

(II) include—

(aa) agricultural producers representing

diverse geographic regions and farm sizes, in-

517

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

cluding owners and operators of farms of less

than 100 acres;

(bb) an agricultural producer representing

tribal agriculture;

(cc) Internet service providers, including

regional or rural fixed and mobile broadband

Internet access service providers and tele-

communications infrastructure providers;

(dd) representatives from the electric coop-

erative industry;

(ee) representatives from the satellite in-

dustry;

(ff) representatives from precision agri-

culture equipment manufacturers, including

drone manufacturers, manufacturers of auton-

omous agricultural machinery, and manufac-

turers of farming robotics technologies;

(gg) representatives from State and local

governments; and

(hh) representatives with relevant exper-

tise in broadband network data collection,

geospatial analysis, and coverage mapping;

and

(ii) fairly balanced in terms of technologies, points

of view, and fields represented on the Task Force.

(B) P

ERIOD OF APPOINTMENT

;

VACANCIES

.—

(i) I

N GENERAL

.—A member of the Committee ap-

pointed under subparagraph (A)(i) shall serve for a

single term of 2 years.

(ii) V

ACANCIES

.—Any vacancy in the Task Force—

(I) shall not affect the powers of the Task

Force; and

(II) shall be filled in the same manner as the

original appointment.

OFFICIO MEMBER

.—The Secretary, or a designee

of the Secretary, shall serve as an ex-officio, nonvoting

member of the Task Force.

(5) R

EPORTS

.—Not later than 1 year after the date on

which the Commission establishes the Task Force, and annu-

ally thereafter, the Task Force shall submit to the Chairman of

the Commission a report, which shall be made public not later

than 30 days after the date on which the Chairman receives the

report, that details—

(A) the status of fixed and mobile broadband Internet

access service coverage of agricultural land;

(B) the projected future connectivity needs of agricul-

tural operations, farmers, and ranchers; and

availability of broadband Internet access service on agricul-

tural land and the limitations of current, as of the date of

the report, measurement processes.

(6) T

ERMINATION

.—The Commission shall renew the Task

Force every 2 years until the Task Force terminates on January

1, 2025.

518

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

DDITIONAL

UNDS

UTHORIZED

.—No additional funds

is authorized to be appropriated to carry out this section. This sec-

tion shall be carried out using amounts otherwise authorized.

SEC. 12512. IMPROVEMENTS TO UNITED STATES DROUGHT MONITOR.

(a) I

ENERAL

.—The Secretary shall coordinate with the Di-

rector of the National Drought Mitigation Center and the Adminis-

trator of the National Oceanic and Atmospheric Administration to

enhance the collection of data to improve the accuracy of the United

States Drought Monitor.

(b) U

TILIZATION

.—To the maximum extent practicable, the Sec-

retary shall utilize a consistent source or sources of data for pro-

grams that are based on drought or precipitation indices, such as

the livestock forage disaster program established under section

1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) or policies

or plans of insurance established under the Federal Crop Insurance

Act (7 U.S.C. 1501 et seq.).

EVIEW

.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall conduct a review of—

(1) the types of data currently utilized by the United States

Drought Monitor;

(2) the geographic coverage and density of existing data col-

lection sites; and

(3) other meteorological or climatological data that is being

collected by other Federal agencies, State and local govern-

ments, and non-Federal entities that could be utilized by the

United States Drought Monitor.

(d) I

MPROVEMENTS

.—

(1) I

N GENERAL

.—Upon the completion of the review pre-

scribed in subsection (c), the Secretary shall—

(A) seek to expand the collection of relevant data in

States or geographic areas where coverage is currently lack-

ing as compared to other States or geographic areas; and

(B) to the maximum extent practicable, develop stand-

ards to allow the integration of meteorological or climato-

logical data into the United States Drought Monitor de-

rived from—

(i) in-situ soil moisture profile measuring devices;

(ii) citizen science (as defined in the

Crowdsourcing and Citizen Science Act (15 U.S.C.

3724)), including data from the Cooperative Observer

Program of the National Weather Service; and

(iii) other Federal agencies, State and local govern-

ments, and non-Federal entities.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—There is to be au-

thorized to be appropriated to the Secretary to carry out this

subsection $5,000,000 for each of fiscal years 2019 through

2023.

SEC. 12513. DAIRY BUSINESS INNOVATION INITIATIVES.

(a) D

EFINITIONS

.—In this section:

(1) D

AIRY BUSINESS

.—The term ‘‘dairy business’’ means a

business that develops, produces, markets, or distributes dairy

products.

519

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(2) I

NITIATIVE

.—The term ‘‘initiative’’ means a dairy prod-

uct and business innovation initiative established under sub-

section (b).

(b) E

STABLISHMENT

.—The Secretary shall establish not less

than 3 regionally-located dairy product and business innovation ini-

tiatives for the purposes of—

(1) diversifying dairy product markets to reduce risk and

develop higher-value uses for dairy products;

(2) promoting business development that diversifies farmer

income through processing and marketing innovation; and

(3) encouraging the use of regional milk production.

ELECTION OF

NITIATIVES

.—An initiative—

(1) shall be positioned to draw on existing dairy industry

resources, including activities conducted by the National Dairy

Promotion and Research Board and other dairy promotion enti-

ties, research capacity, academic and industry expertise, a den-

sity of dairy farms or farmland suitable for dairying, and dairy

businesses; and

(2) may serve a certain product niche, such as specialty

cheese, or serve dairy businesses with dairy products derived

from the milk of a specific type of dairy animal, including dairy

products made from cow milk, sheep milk, and goat milk.

(d) E

NTITIES

LIGIBLE

OST

NITIATIVE

.—

(1) I

N GENERAL

.—Subject to paragraph (2), any of the fol-

lowing entities may submit to the Secretary an application to

host an initiative:

(A) A State department of agriculture or other State en-

tity.

(B) A nonprofit organization.

(D) A cooperative extension service.

(2) C

APACITY OF ELIGIBLE ENTITY

.—Any entity described in

subparagraphs (A) through (D) of paragraph (1) shall be eligi-

ble to submit an application under that paragraph if the entity

has—

(A) a capacity to provide consultation and expertise

necessary to advance the purpose and activities of the pro-

posed initiative; and

(B) expertise in grant distribution and tracking.

(3) I

NELIGIBLE ENTITY

.—A dairy promotion program shall

not be eligible to host an initiative under this section.

(e) P

ARTNERS

.—

(1) I

N GENERAL

.—An entity described in subsection (d)(1)

may establish as a partner an organization or entity described

in paragraph (2)—

(A) prior to the submission of the application under

that subsection; or

(B) after approval of the application, in consultation

with the Secretary.

(2) P

ARTNER DESCRIBED

.—A partner under paragraph (1)

shall be an organization or entity with expertise or experience

in dairy, including the marketing, research, education, or pro-

motion of dairy.

(f) A

CTIVITIES OF

NITIATIVES

.—

520

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(1) D

IRECT ASSISTANCE TO DAIRY BUSINESSES

.—An initia-

tive shall provide nonmonetary assistance directly to dairy busi-

nesses through private consultation or widely available dis-

tribution—

(A) by the entity that hosts the initiative under sub-

section (d)(1);

(B) through contracting with industry experts;

as informational websites, webinars, conferences, trainings,

plant tours, and field days; or

(D) through research institutions, including cooperative

extension services.

(2) T

YPES OF ASSISTANCE

.—Eligible forms of assistance in-

clude—

(A) business consulting, including business plan devel-

opment for processed dairy products, strategic planning as-

sistance, and distribution and supply chain innovation;

(B) marketing and branding assistance, including mar-

ket messaging, packaging innovation, consumer assess-

ments, innovation in emerging market opportunities, and

evaluation of regional, national, and international markets;

velopment of value-added products, innovation in byprod-

uct reprocessing and use maximization, and dairy product

production training, including in new, rare, or innovative

techniques; and

(D) other nonmonetary assistance, as determined by the

Secretary.

(3) G

RANTS TO DAIRY BUSINESSES

.—

(A) I

N GENERAL

.—An initiative shall provide grants on

a competitive basis to new and existing dairy businesses for

the purposes of—

(i) modernization, specialization, and grazing tran-

sition on dairy farms;

(ii) value chain and commodity innovation and fa-

cility and process updates for dairy processors; and

(iii) product development, packaging, and mar-

keting of dairy products.

(B) G

RANTS TO CERTAIN ENTITIES

.—An initiative may

provide a grant on a noncompetitive basis to an entity that

receives assistance under paragraph (1) to advance the

business activities recommended as a result of that assist-

ance.

RANT AMOUNTS

.—Grants provided under this

paragraph shall not exceed $500,000, unless a greater

amount is approved by the Secretary.

(4) C

ONSULTATION

.—An entity that hosts an initiative shall

consult with the National Dairy Promotion and Research

Board, the Secretary, and the Administrator of the Agricultural

Marketing Service in carrying out the initiative.

(5) C

ONFLICT OF INTEREST

.—

(A) I

N GENERAL

.—The Secretary shall establish guide-

lines and procedures to prevent any conflict of interest or

the appearance of a conflict of interest by an initiative (in-

cluding a partner of the initiative) during the allocation of

521

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

direct assistance under paragraph (1) or grant funding

under paragraph (3).

(B) P

ENALTY

.—The Secretary may suspend or termi-

nate an initiative if the initiative (including a partner of

the initiative) is found to be in violation of the guidelines

and procedures established under subparagraph (A).

(g) D

ISTRIBUTION OF

UNDS

.—

(1) I

N GENERAL

.—Using the funds made available to carry

out this section, the Secretary—

(A) shall provide not less than 3 awards to eligible en-

tities described in subsection (d) for the purposes of car-

rying out the activities under subsection (f); and

(B) is encouraged to award funds under subparagraph

(A) in multiyear funding allocations.

(2) U

SE OF FUNDS

.—Not less than 50 percent of the funds

made available under subsection (i) shall be allocated to grants

under subsection (f)(3).

(3) P

RIORITY

.—An entity hosting an initiative shall give

priority to the provision of direct assistance under subsection

(f)(1) and grants under subsection (f)(3) to—

(A) dairy farms and dairy businesses with limited ac-

cess to other forms of assistance;

(B) employee-owned dairy businesses;

(D) dairy businesses that seek to create dairy products

that add substantial value in processing or marketing, such

as specialty cheeses.

(4) R

EQUIREMENT

.—Assistance or a grant shall not be

made available to a foreign person making direct investment

(as those terms are defined in section 801.2 of title 15, Code of

Federal Regulations (or successor regulations)) in the United

States in the case of—

(A) direct assistance under subsection (f)(1) that is pro-

vided to a specific dairy business and is not publicly avail-

able, as determined by the Secretary; or

(B) a grant under subsection (f)(3).

(5) S

UPPLEMENTATION

.—To the extent practicable, the Sec-

retary shall ensure that funds provided to an initiative supple-

ment, and do not duplicate or replace, existing dairy product re-

search, development, and promotion activities.

(h) R

EPORT

.—Not later than January 31, 2022, the Secretary

shall submit to Congress a report on the outcomes of the program

under this section and any related activities and opportunities to

further increase dairy innovation.

(i) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section $20,000,000 for each fiscal

year.

SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF

FOOD AND AGRICULTURE AND OTHER EXTENSION PRO-

GRAMS.

(a) I

ENERAL

.—Not later than 2 years after the date on

which the census of agriculture required to be conducted in calendar

year 2017 under section 2 of the Census of Agriculture Act of 1997

(7 U.S.C. 2204g) is released, the Secretary shall submit to the Com-

mittee on Agriculture of the House of Representatives and the Com-

522

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

that describes the funding necessary to adequately address the

needs of the National Institute of Food and Agriculture, activities

carried out under the Smith-Lever Act (7 U.S.C. 341 et seq.), and

research and extension programs carried out at an 1890 Institution

(as defined in section 2 of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7601)) or an institution

designated under the Act of July 2, 1862 (commonly known as the

‘‘First Morrill Act’’) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.),

to provide adequate services for the growth and development of the

economies of rural communities based on the changing demographic

in the rural and farming communities in the various States.

(b) R

EQUIREMENTS

.—In preparing the report under subsection

(a), the Secretary shall focus on the funding needs of the programs

described in subsection (a) with respect to carrying out activities re-

lating to small and diverse farms and ranches, veteran farmers and

ranchers, value-added agriculture, direct-to-consumer sales, and

specialty crops.

SEC. 12515. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR

HUMAN CONSUMPTION.

(a) I

ENERAL

.—Except as provided in subsection (c), no per-

son may—

(1) knowingly slaughter a dog or cat for human consump-

tion; or

(2) knowingly ship, transport, move, deliver, receive, pos-

sess, purchase, sell, or donate—

(A) a dog or cat to be slaughtered for human consump-

tion; or

(B) a dog or cat part for human consumption.

(b) S

COPE

.—Subsection (a) shall apply only with respect to con-

duct—

(1) in or affecting interstate commerce or foreign commerce;

(2) within the special maritime and territorial jurisdiction

of the United States.

XCEPTION FOR

NDIAN

RIBES

.—The prohibition in sub-

section (a) shall not apply to an Indian (as defined in section 4 of

the Indian Self-Determination and Education Assistance Act (25

U.S.C. 5304)) carrying out any activity described in subsection (a)

for the purpose of a religious ceremony.

(d) P

ENALTY

.—Any person who violates subsection (a) shall be

subject to a fine in an amount not greater than $5,000 for each vio-

lation.

(e) E

FFECT

TATE

.—Nothing in this section—

(1) limits any State or local law or regulation protecting the

welfare of animals; or

(2) prevents a State or unit of local government from adopt-

ing and enforcing an animal welfare law or regulation that is

more stringent than this section.

SEC. 12516. LABELING EXEMPTION FOR SINGLE INGREDIENT FOODS

AND PRODUCTS.

The food labeling requirements under section 403(q) of the Fed-

eral Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) shall not re-

quire that the nutrition facts label of any single-ingredient sugar,

honey, agave, or syrup, including maple syrup, that is packaged

523

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

and offered for sale as a single-ingredient food bear the declaration

‘‘Includes X g Added Sugars.’’.

SEC. 12517. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEA-

NUT PRODUCING REGION.

Section 1308(c)(2)(B)(iii) of the Farm Security and Rural In-

vestment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by

striking ‘‘Virginia and North Carolina’’ and inserting ‘‘Virginia,

North Carolina, and South Carolina’’.

SEC. 12518. FOREST SERVICE HIRE AUTHORITY.

(a) I

ENERAL

.—The Secretary of Agriculture may appoint,

without regard to the provisions of subchapter I of chapter 33 of

title 5, United States Code, other than sections 3303 and 3328 of

such title, a qualified candidate described in subsection (b) directly

to a position with the Department of Agriculture, Forest Service for

which the candidate meets Office of Personnel Management quali-

fication standards.

(b) Q

UALIFICATIONS

.—Subsection (a) applies to a former re-

source assistant (as defined in section 203 of the Public Land Corps

Act (16 U.S.C. 1722)) who—

(1) completed a rigorous internship with a land managing

agency, such as the Forest Service Resource Assistant Program;

(2) successfully fulfilled the requirements of the internship

program; and

(3) earned an undergraduate or graduate degree from an

accredited institution of higher education (as defined in section

101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

IMITATION

.—The direct hire authority under this section

may not be exercised with respect to a specific qualified candidate

after the end of the 2-year period beginning on the date on which

the candidate completed the undergraduate or graduate degree, as

the case may be, or has successfully fulfilled the requirements of the

internship program, whichever is later.

SEC. 12519. CONVERSION AUTHORITY.

The Secretary may, notwithstanding subchapter I of chapter 33

of title 5, United States Code, governing appointments in the com-

petitive or excepted service, noncompetitively convert to an appoint-

ment in the competitive service, in an agency or office within the De-

partment of Agriculture, a recent graduate or student who is a

United States citizen and has been awarded and successfully com-

pleted a scholarship program granted to the individual by the De-

partment through the 1890 National Scholars Program or the 1994

Tribal Scholars Program carried out by the Department, provided

the individual meets the requirements for such conversion and

meets Office of Personnel Management qualification standards, as

determined by the Secretary. Nothing in the preceding sentence

shall be construed as requiring the Secretary to convert an indi-

vidual under the authority under such sentence.

SEC. 12520. AUTHORIZATION OF PROTECTION OPERATIONS FOR THE

SECRETARY OF AGRICULTURE AND OTHERS.

(a) I

ENERAL

.—The Department of Agriculture is authorized

to employ qualified law enforcement officers or special agents to pro-

vide—

(1) protection for the Secretary and the Deputy Secretary

during the performance of official duties by each such officer

524

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

and during any activity that is preliminary or postliminary to

the performance of official duties by each such officer;

(2) protection, incidental to the protection provided pursu-

ant to paragraph (1), to an individual accompanying each such

officer who is participating in an activity or event relating to

the official duties of each such officer when there is an

articulable threat to such individual;

(3) continuous protection to the Secretary and Deputy Sec-

retary (including during periods not described in paragraph

(1)) if there is an articulable threat of physical harm, in accord-

ance with guidelines established by the Secretary; and

(4) protection of another senior officer representing the Sec-

retary (including a person nominated to be the Secretary during

the pendency of such nomination) if there is an articulable

threat of physical harm, in accordance with guidelines estab-

lished by the Secretary.

(b) A

UTHORITIES OF THE

ROTECTIVE

PERATION

.—

(1) I

N GENERAL

.—The Secretary may authorize officers or

special agents employed pursuant to subsection (a)—

(A) to carry firearms;

(B) to conduct criminal investigations into potential

threats to the security of persons protected under this sec-

tion;

against the United States committed in the presence of such

officer or special agent;

(D) to perform protective intelligence work, including

identifying and mitigating potential threats and conducting

advance work to review security matters relating to sites

and events; and

(E) to coordinate with local law enforcement agencies.

(2) G

UIDELINES

.—The authority conveyed under this section

shall be exercised in accordance with any—

(A) guidelines issued by the Attorney General; and

(B) such additional guidelines as may be issued by the

Secretary.

XCEPTION

.—The authorities granted under this section may

be exercised notwithstanding section 1343(b)(1) of title 31, United

States Code.

(d) R

EPORT

.—Not later than September 30, 2019, and each Sep-

tember 30 through 2024, the Secretary shall provide to the Com-

mittee on Agriculture of the House of Representatives and Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

describing the protection provided, and accounting for the expendi-

tures made, pursuant to this section.

PART II—NATIONAL OILHEAT RESEARCH

ALLIANCE

SEC. 12531. NATIONAL OILHEAT RESEARCH ALLIANCE.

(a) I

ENERAL

.—Section 713 of the National Oilheat Research

Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is

amended by striking ‘‘18 years’’ and inserting ‘‘28 years’’.

(b) L

IMITATION ON

BLIGATIONS OF

UNDS

.—The National

Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public

525

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

Law 106–469) is amended by inserting after section 707 the fol-

lowing:

‘‘SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.

‘‘(a) I

ENERAL

.—In each calendar year of the covered period,

the Alliance may not obligate an amount greater than the sum of—

‘‘(1) 75 percent of the amount of assessments estimated to

be collected under section 707 in that calendar year;

‘‘(2) 75 percent of the amount of assessments actually col-

lected under section 707 in the most recent calendar year for

which an audit report has been submitted under section

706(f)(2)(B) as of the beginning of the calendar year for which

the amount that may be obligated is being determined, less the

estimate made pursuant to paragraph (1) for that most recent

calendar year; and

‘‘(3) amounts permitted in preceding calendar years to be

obligated pursuant to this subsection that have not been obli-

gated.

‘‘(b) E

XCESS

MOUNTS

EPOSITED IN

SCROW

CCOUNT

.—As-

sessments collected under section 707 in excess of the amount per-

mitted to be obligated under subsection (a) in a calendar year shall

be deposited in an escrow account for the duration of the covered

period.

‘‘(c) T

REATMENT OF

MOUNTS IN

SCROW

CCOUNT

.—

‘‘(1) I

N GENERAL

.—During the covered period, the Alliance

may not obligate, expend, or borrow against amounts required

under subsection (b) to be deposited in the escrow account.

‘‘(2) I

NTEREST

.—Any interest earned on amounts described

in paragraph (1) shall be—

‘‘(A) deposited in the escrow account; and

‘‘(B) unavailable for obligation for the duration of the

covered period.

‘‘(d) R

ELEASE OF

MOUNTS IN

SCROW

CCOUNT

.—Beginning

on October 1, 2028, the Alliance may withdraw and obligate any

amount in the escrow account.

‘‘(e) C

OVERED

ERIOD

EFINED

.—In this section, the term ‘cov-

ered period’ means the period that begins on February 6, 2019, and

ends on September 30, 2028.’’.

ONFORMING

MENDMENTS

.—The National Oilheat Re-

search Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–

469) is amended—

(1) in section 706(d)(1), by striking ‘‘not exceed 7 percent of

the amount of assessments collected in any calendar year, ex-

cept that during the first year of operation of the Alliance such

expenses and amounts shall not exceed 10 percent of the

amount of assessments’’ and inserting ‘‘not exceed 7 percent of

the amount of assessments collected in any calendar year that

are permitted to be obligated in that calendar year’’; and

(2) in section 707—

(A) in subsection (e), by inserting ‘‘that are permitted to

be obligated’’ after ‘‘amount of assessments collected in the

State’’ each place it appears; and

(B) in subsection (f), by inserting ‘‘and permitted to be

obligated’’ after ‘‘assessments collected’’ each place it ap-

pears.

526

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

Subtitle F—General Provisions

SEC. 12601. BAITING OF MIGRATORY GAME BIRDS.

(a) D

EFINITIONS

.—In this section:

(1) N

ORMAL AGRICULTURAL OPERATION

.—The term ‘‘normal

agricultural operation’’ has the meaning given the term in sec-

tion 20.11 of title 50, Code of Federal Regulations (as in effect

on the date of enactment of this Act).

(2) P

OST

DISASTER FLOODING

.—The term ‘‘post-disaster

flooding’’ means the destruction of a crop through flooding in

accordance with practices required by the Federal Crop Insur-

ance Corporation for agricultural producers to obtain crop in-

surance under the Federal Crop Insurance Act (7 U.S.C. 1501

et seq.) on land on which a crop was not harvestable due to a

natural disaster (including any hurricane, storm, tornado,

flood, high water, wind-driven water, tidal wave, tsunami,

earthquake, volcanic eruption, landslide, mudslide, drought,

fire, snowstorm, or other catastrophe that is declared a major

disaster by the President in accordance with section 401 of the

Robert T. Stafford Disaster Relief and Emergency Assistance

Act (42 U.S.C. 5170)) in the crop year—

(A) in which the natural disaster occurred; or

(B) immediately preceding the crop year in which the

natural disaster occurred.

(3) R

ICE RATOONING

.—The term ‘‘rice ratooning’’ means the

agricultural practice of harvesting rice by cutting the majority

of the aboveground portion of the rice plant but leaving the

roots and growing shoot apices intact to allow the plant to re-

cover and produce a second crop yield.

(b) R

EGULATIONS TO

XCLUDE

ICE

ATOONING AND

OST

DIS

ASTER

LOODING

.—Not later than 30 days after the date of enact-

ment of this Act, the Secretary of the Interior, in consultation with

the Secretary of Agriculture, shall revise part 20 of title 50, Code

of Federal Regulations, to clarify that rice ratooning and post-dis-

aster flooding, when carried out as part of a normal agricultural

operation, do not constitute baiting.

EPORTS

.—Not less frequently than once each year—

(1) the Secretary of Agriculture shall submit to the Sec-

retary of the Interior a report that describes any changes to nor-

mal agricultural operations across the range of crops grown by

agricultural producers in each region of the United States in

which the official recommendations described in section

20.11(h) of title 50, Code of Federal Regulations (as in effect on

the date of enactment of this Act), are provided to agricultural

producers; and

(2) the Secretary of the Interior, in consultation with the

Secretary of Agriculture and after seeking input from the heads

of State departments of fish and wildlife or the Regional Migra-

tory Bird Flyway Councils of the United States Fish and Wild-

life Service, shall publicly post a report on the impact that rice

ratooning and post-disaster flooding have on the behavior of

migratory game birds that are hunted in the area in which rice

ratooning and post-disaster flooding, respectively, have oc-

curred.

527

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

SEC. 12602. PIMA AGRICULTURE COTTON TRUST FUND.

Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101

note; Public Law 113–79) is amended—

(1) by striking ‘‘2018’’ each place it appears and inserting

‘‘2023’’;

(2) by striking ‘‘calendar year 2013’’ each place it appears

and inserting ‘‘the prior calendar year’’;

(3) in subsection (b)(2)—

(A) by redesignating subparagraphs (A) and (B) as

clauses (i) and (ii), respectively;

(B) in the matter preceding clause (i) (as so redesig-

nated), by striking ‘‘(2) Twenty-five’’ and inserting the fol-

lowing:

‘‘(2)(A) Except as provided in subparagraph (B), twenty-

five’’;

ing ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and

(D) by adding at the end the following:

‘‘(B)(i) A yarn spinner shall not receive an amount under

subparagraph (A) that exceeds the cost of pima cotton that—

‘‘(I) was purchased during the prior calendar year; and

‘‘(II) was used in spinning any cotton yarns.

‘‘(ii) The Secretary shall reallocate any amounts reduced by

reason of the limitation under clause (i) to spinners using the

ratio described in subparagraph (A), disregarding production of

any spinner subject to that limitation.’’;

(4) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

‘‘(b)(2)(A)’’ and inserting ‘‘(b)(2)(A)(i)’’;

(B) in paragraph (2), by striking ‘‘and’’ at the end;

and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(4) the dollar amount of pima cotton purchased during the

prior calendar year—

‘‘(A) that was used in spinning any cotton yarns; and

‘‘(B) for which the producer maintains supporting doc-

umentation.’’;

(5) in subsection (e)—

(A) in the matter preceding paragraph (1), by striking

‘‘by the Secretary—’’ and inserting ‘‘by the Secretary not

later than March 15 of the applicable calendar year.’’; and

(B) by striking paragraphs (1) and (2); and

(6) in subsection (f), by striking ‘‘subsection (b)—’’ in the

matter preceding paragraph (1) and all that follows through

‘‘not later than’’ in paragraph (2) and inserting ‘‘subsection (b)

not later than’’.

SEC. 12603. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST

FUND.

Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101

note; Public Law 113–79) is amended—

(1) by striking ‘‘2019’’ each place it appears and inserting

‘‘2023’’;

(2) in subsection (b)—

(A) in paragraph (1)—

528

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(i) in subparagraph (A)—

(I) in the matter preceding clause (i), by strik-

ing ‘‘the payment—’’ and inserting ‘‘the payment,

payments in amounts authorized under that para-

graph.’’; and

(II) by striking clauses (i) and (ii); and

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i), by strik-

ing ‘‘4002(c)—’’ and inserting ‘‘4002(c), payments

in amounts authorized under that paragraph.’’;

and

(II) by striking clauses (i) and (ii); and

(B) in paragraph (2), by striking ‘‘submitted—’’ in the

matter preceding subparagraph (A) and all that follows

through ‘‘to the Secretary’’ in subparagraph (B) and insert-

ing ‘‘submitted to the Secretary’’; and

(3) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking

‘‘subsection (b)—’’ and inserting ‘‘subsection (b) not later

than April 15 of the year of the payment.’’; and

(B) by striking paragraphs (1) and (2).

SEC. 12604. WOOL RESEARCH AND PROMOTION.

Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C. 7101

note; Public Law 113–79) is amended by striking ‘‘2015 through

2019’’ and inserting ‘‘2019 through 2023’’.

SEC. 12605. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOP-

MENT TRUST FUND.

(a) D

EFINITION OF

ITRUS

.—In this section, the term ‘‘citrus’’

means edible fruit of the family Rutaceae, including any hybrid of

that fruit and any product of that hybrid that is produced for com-

mercial purposes in the United States.

(b) E

STABLISHMENT OF

RUST

UND

.—There is established in

the Treasury of the United States a trust fund, to be known as the

Emergency Citrus Disease Research and Development Trust Fund

(referred to in this section as the ‘‘Citrus Trust Fund’’), consisting

of such amounts as shall be transferred to the Citrus Trust Fund

pursuant to subsection (d).

SE OF

UND

.—From amounts in the Citrus Trust Fund,

the Secretary shall, beginning in fiscal year 2019, carry out the

Emergency Citrus Disease Research and Extension Program in sec-

tion 412(j) of the Agricultural Research, Extension, and Education

Reform Act of 1998 (7 U.S.C. 7632(j)).

(d) F

UNDING

.—Of the funds of the Commodity Credit Corpora-

tion, the Secretary shall transfer to the Citrus Trust Fund

$25,000,000 for each of fiscal years 2019 through 2023, to remain

available until expended.

SEC. 12606. EXTENSION OF MERCHANDISE PROCESSING FEES.

Section 503 of the United States–Korea Free Trade Agreement

Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is

amended by striking ‘‘February 24, 2027’’ and inserting ‘‘May 26,

2027’’.

529

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

SEC. 12607. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP

DATA COLLECTION.

(a) L

AND

CCESS

.—Not later than 1 year after the date of enact-

ment of this Act, the Secretary of Agriculture, in consultation with

the Chief Economist, shall submit to Congress and make publicly

available a report identifying—

(1) the barriers that prevent or hinder the ability of begin-

ning farmers and ranchers (as defined in section 2501(a) of the

Food, Agriculture, Conservation, and Trade Act of 1990 (7

U.S.C. 2279(a))) and socially disadvantaged farmers and

ranchers (as defined in such section) to acquire or access farm-

land;

(2) the extent to which Federal programs, including agri-

cultural conservation easement programs, land transition pro-

grams, and financing programs, are improving—

(A) farmland access and tenure for beginning farmers

and ranchers and socially disadvantaged farmers and

ranchers; and

(B) farmland transition and succession; and

(3) the regulatory, operational, or statutory changes that

are necessary to improve—

(A) the ability of beginning farmers and ranchers and

socially disadvantaged farmers and ranchers to acquire or

access farmland;

(B) farmland tenure for beginning farmers and ranch-

ers and socially disadvantaged farmers and ranchers; and

(b) F

ARMLAND

WNERSHIP

.—The Secretary shall collect and,

not less frequently than once every 3 years report, data and analysis

on farmland ownership, tenure, transition, and entry of beginning

farmers and ranchers and socially disadvantaged farmers and

ranchers (as those terms are defined in section 2501(a) of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

2279(a))). In carrying out this subsection, the Secretary shall, at a

minimum—

(1) collect and distribute comprehensive reporting of trends

in farmland ownership, tenure, transition, barriers to entry,

profitability, and viability of beginning farmers and ranchers

and socially disadvantaged farmers and ranchers;

(2) develop surveys and report statistical and economic

analysis on farmland ownership, tenure, transition, barriers to

entry, profitability, and viability of beginning farmers and

ranchers, including a regular follow-on survey to each Census

of Agriculture with results of the follow-on survey made public

not later than 3 years after the previous Census of Agriculture;

and

(3) require the National Agricultural Statistics Service to

include in the Tenure, Ownership, and Transition of Agricul-

tural Land survey questions relating to—

(A) the extent to which non-farming landowners are

purchasing and holding onto farmland for the sole purpose

of real estate investment;

(B) the impact of these farmland ownership trends on

the successful entry and viability of beginning farmers and

ranchers and socially disadvantaged farmers and ranchers;

530

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

divided interests and no administrative authority identified

have farms or ranches operating on that land; and

(D) the impact of land tenure patterns, categorized by—

(i) race, gender, and ethnicity; and

(ii) region.

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section $3,000,000 for each fiscal

years 2019 through 2023, to remain available until expended.

SEC. 12608. REAUTHORIZATION OF RURAL EMERGENCY MEDICAL

SERVICES TRAINING AND EQUIPMENT ASSISTANCE PRO-

GRAM.

Section 330J of the Public Health Service Act (42 U.S.C. 254c–

15) is amended—

(1) in subsection (a), by striking ‘‘in rural areas’’ and insert-

ing ‘‘in rural areas or to residents of rural areas’’;

(2) by striking subsections (b) through (f) and inserting the

following:

‘‘(b) E

LIGIBILITY

; A

PPLICATION

.—To be eligible to receive grant

under this section, an entity shall—

‘‘(1) be—

‘‘(A) an emergency medical services agency operated by

a local or tribal government (including fire-based and non-

fire based); or

‘‘(B) an emergency medical services agency that is de-

scribed in section 501(c) of the Internal Revenue Code of

1986 and exempt from tax under section 501(a) of such

Code; and

‘‘(2) submit an application to the Secretary at such time, in

such manner, and containing such information as the Secretary

may require.

‘‘(c) U

SE OF

UNDS

.—An entity—

‘‘(1) shall use amounts received through a grant under sub-

section (a) to—

‘‘(A) train emergency medical services personnel as ap-

propriate to obtain and maintain licenses and certifications

relevant to service in an emergency medical services agency

described in subsection (b)(1);

‘‘(B) conduct courses that qualify graduates to serve in

an emergency medical services agency described in sub-

section (b)(1) in accordance with State and local require-

ments;

‘‘(C) fund specific training to meet Federal or State li-

censing or certification requirements; and

‘‘(D) acquire emergency medical services equipment;

and

‘‘(2) may use amounts received through a grant under sub-

section (a) to—

‘‘(A) recruit and retain emergency medical services per-

sonnel, which may include volunteer personnel;

‘‘(B) develop new ways to educate emergency health

care providers through the use of technology-enhanced edu-

cational methods; or

531

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(C) acquire personal protective equipment for emer-

gency medical services personnel as required by the Occu-

pational Safety and Health Administration.

‘‘(d) G

RANT

MOUNTS

.—Each grant awarded under this section

shall be in an amount not to exceed $200,000.

‘‘(e) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘emergency medical services’—

‘‘(A) means resources used by a public or private non-

profit licensed entity to deliver medical care outside of a

medical facility under emergency conditions that occur as

a result of the condition of the patient; and

‘‘(B) includes services delivered (either on a com-

pensated or volunteer basis) by an emergency medical serv-

ices provider or other provider that is licensed or certified

by the State involved as an emergency medical technician,

a paramedic, or an equivalent professional (as determined

by the State).

‘‘(2) The term ‘rural area’ means—

‘‘(A) a nonmetropolitan statistical area;

‘‘(B) an area designated as a rural area by any law or

regulation of a State; or

‘‘(C) a rural census tract of a metropolitan statistical

area (as determined under the most recent rural urban

commuting area code as set forth by the Office of Manage-

ment and Budget).

‘‘(f) M

ATCHING

EQUIREMENT

.—The Secretary may not award a

grant under this section to an entity unless the entity agrees that

the entity will make available (directly or through contributions

from other public or private entities) non-Federal contributions to-

ward the activities to be carried out under the grant in an amount

equal to 10 percent of the amount received under the grant.’’; and

(3) in subsection (g)(1), by striking ‘‘2002 through 2006’’

and inserting ‘‘2019 through 2023’’.

SEC. 12609. COMMISSION ON FARM TRANSITIONS—NEEDS FOR 2050.

(a) E

STABLISHMENT

.—There is established a commission to be

known as the Commission on Farm Transitions–Needs for 2050 (re-

ferred to in this section as the ‘‘Commission’’).

(b) S

TUDY

.—The Commission shall conduct a study on issues

impacting the transition of agricultural operations from established

farmers and ranchers to the next generation of farmers and ranch-

ers, including—

(1) access to, and availability of—

(A) quality land and necessary infrastructure;

(B) affordable credit;

(D) apprenticeship and mentorship programs;

(2) agricultural asset transfer strategies in use as of the

date of the enactment of this Act and improvements to such

strategies;

(3) incentives that may facilitate agricultural asset trans-

fers to the next generation of farmers and ranchers, including

an assessment of, and recommendations for, how existing and

new Federal tax policies—

(A) facilitate lifetime and estate transfers; and

532

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(B) impact individuals seeking to farm who do not

have family farm lineage or access to farmland;

(4) the causes of the failures of such transitions, if any; and

(5) the effectiveness of programs and incentives providing

assistance with respect to such transitions in effect on the date

of the enactment of this Act and opportunities for the revision

or improvement of such programs.

EMBERSHIP

.—

(1) C

OMPOSITION

.—The Commission shall be composed of

10 members, as follows:

(A) 3 members appointed by the Secretary.

(B) 3 members appointed by the Committee on Agri-

culture, Nutrition, and Forestry of the Senate.

culture of the House of Representatives.

(D) The Chief Economist of the Department of Agri-

culture.

(2) F

EDERAL GOVERNMENT EMPLOYMENT

.—In addition to

the Chief Economist of the Department of Agriculture, the mem-

bership of the Commission may include 1 or more employees of

the Department of Agriculture or other Federal agencies.

(3) D

ATE OF APPOINTMENTS

.—The appointment of all mem-

bers of the Commission shall be made not later than 60 days

after the date of enactment of this Act.

(4) T

ERM

;

VACANCIES

.—

(A) T

ERM

.—A member shall be appointed for the life of

the Commission.

(B) V

ACANCIES

.—A vacancy on the Commission—

(i) shall not affect the powers of the Commission;

and

(ii) shall be filled in the same manner as the origi-

nal appointment was made.

(5) I

NITIAL MEETING

.—Not later than 30 days after the date

on which all members of the Commission have been appointed,

the Commission shall hold the initial meeting of the Commis-

sion.

(d) Q

UORUM

.—A majority of the members of the Commission

shall constitute a quorum for the transaction of business, but a less-

er number of members may hold hearings.

(e) C

HAIRPERSON

.—The Secretary shall appoint 1 of the mem-

bers of the Commission to serve as Chairperson of the Commission.

(f) R

EPORT

.—Not later than 1 year after the date of enactment

of this Act, the Commission shall submit to the President, the Com-

mittee on Agriculture of the House of Representatives, and the Com-

mittee on Agriculture, Nutrition, and Forestry of the Senate a report

containing the results of the study required by subsection (b), in-

cluding such recommendations as the Commission considers appro-

priate.

(g) H

EARINGS

.—The Commission may hold such hearings, meet

and act at such times and places, take such testimony, and receive

such evidence as the Commission considers advisable to carry out

this section.

(h) I

NFORMATION

ROM

EDERAL

GENCIES

.—The Commission

may secure directly from a Federal agency such information as the

Commission considers necessary to carry out this section. On re-

533

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

quest of the Chairperson of the Commission, the head of the agency

shall provide the information to the Commission.

(i) P

OSTAL

ERVICES

.—The Commission may use the United

States mail in the same manner and under the same conditions as

other agencies of the Federal Government.

(j) A

SSISTANCE

ROM

ECRETARY

.—The Secretary may provide

to the Commission appropriate office space and such reasonable ad-

ministrative and support services as the Commission may request.

(k) C

OMPENSATION OF

EMBERS

.—

(1) N

FEDERAL EMPLOYEES

.—A member of the Commis-

sion who is not an officer or employee of the Federal Govern-

ment shall be compensated at a rate equal to the daily equiva-

lent of the annual rate of basic pay prescribed for level IV of

the Executive Schedule under section 5315 of title 5, United

States Code, for each day (including travel time) during which

the member is engaged in the performance of the duties of the

Commission.

(2) F

EDERAL EMPLOYEES

.—A member of the Commission

who is an officer or employee of the Federal Government shall

serve without compensation in addition to the compensation re-

ceived for the services of the member as an officer or employee

of the Federal Government.

(3) T

RAVEL EXPENSES

.—A member of the Commission shall

be allowed travel expenses, including per diem in lieu of sub-

sistence, at rates authorized for an employee of an agency under

subchapter I of chapter 57 of title 5, United States Code, while

away from the home or regular place of business of the member

in the performance of the duties of the Commission.

(l) F

EDERAL

DVISORY

OMMITTEE

.—Sections 9 and 14 of

the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply

to the Commission or any proceeding of the Commission.

(m) T

ERMINATION

.—The Commission shall terminate on Sep-

tember 30, 2023.

SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS

ACT.

(a) G

EOGRAPHIC

OUNDARIES FOR

FFICIAL

GENCIES

.—Section

7 of the United States Grain Standards Act (7 U.S.C. 79) is amend-

ed—

(1) in subsection (f)(2)—

(A) by redesignating subparagraphs (A), (B), and (C)

as clauses (i), (iii), and (iv), respectively, and indenting ap-

propriately;

(B) in the matter preceding clause (i) (as so redesig-

nated), by striking ‘‘Not more’’ and inserting the following:

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), not

more’’;

ter preceding clause (i) (as so redesignated), by striking

‘‘Secretary, except that, if’’ and inserting the following: ‘‘Sec-

retary.

‘‘(B) E

XCEPTIONS

.—Subject to subsection (g)(4)(A), if’’;

(D) in subparagraph (B) (as so designated), by insert-

ing after clause (i) the following:

‘‘(ii) a person requesting inspection services in that

geographic area has not been receiving official inspec-

534

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

tion services from the current designated official agency

for that geographic area;’’; and

(E) by adding at the end the following:

‘‘(C) T

ERMINATION OF NONUSE OF SERVICE EXCEP

TION

.—The exception under subparagraph (B)(ii) may only

be terminated if all parties to that exception jointly agree

on the termination, unless terminated according to sub-

section (g)(4)(A).

‘‘(D) R

ESTORATION OF CERTAIN EXCEPTIONS

.—

‘‘(i) D

EFINITION OF ELIGIBLE GRAIN HANDLING FA

CILITY

.—In this subparagraph, the term ‘eligible grain

handling facility’ means a grain handling facility

that—

‘‘(I) was granted an exception under the final

rule entitled ‘Exceptions to Geographic Areas for

Official Agencies Under the USGSA’ (68 Fed. Reg.

19137 (April 18, 2003)); and

‘‘(II) had that exception revoked between Sep-

tember 30, 2015, and the date of enactment of the

Agriculture Improvement Act of 2018.

‘‘(ii) R

ESTORATION OF EXCEPTIONS

.—Within 90

days of notification from an eligible grain handling fa-

cility, the Secretary shall restore an exception described

in clause (i)(I) with an official agency if—

‘‘(I) the eligible grain handling facility and the

former excepted official agency agree to restore that

exception; and

‘‘(II) the eligible grain handling facility noti-

fies the Secretary of the preferred date for restora-

tion of the exception within 90 days of enactment

of the Agriculture Improvement Act of 2018.’’; and

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

‘‘(4) E

FFECT ON EXCEPTIONS

.—

‘‘(A) I

N GENERAL

.—The exceptions under clauses (ii)

and (iv) of subsection (f)(2)(B) shall not apply if the des-

ignation of an official agency is terminated, pursuant to

paragraph (1).

‘‘(B) D

ESIGNATION RENEWED OR RESTORED

.—If the des-

ignation of an official agency is renewed or restored after

being terminated under paragraph (1), the Secretary may

renew or restore the exceptions under subsection (f)(2)(B) in

accordance with that subsection.’’.

(b) U

NAUTHORIZED

EIGHING

ROHIBITED

.—Section 7A(i)(2) of

the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is

amended—

(1) by redesignating subparagraphs (A) and (B) as clauses

(i) and (iii), respectively, and indenting appropriately;

(2) in the matter preceding clause (i) (as so redesignated),

by striking ‘‘Not more’’ and inserting the following:

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), not

more’’;

(3) in subparagraph (A) (as so designated), in the matter

preceding clause (i) (as so redesignated), by striking ‘‘Secretary,

except that, if’’ and inserting the following: ‘‘Secretary.

‘‘(B) E

XCEPTIONS

.—If’’;

535

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(4) in subparagraph (B) (as so designated)—

(A) in clause (i), by striking ‘‘or’’ at the end; and

(B) by inserting after clause (i) the following:

‘‘(ii) a person requesting weighing services in that

geographic area has not been receiving official weigh-

ing services from the current designated official agency

for that geographic area; or’’; and

(5) by adding after subparagraph (B) (as so designated)—

‘‘(C) R

ESTORATION OF CERTAIN EXCEPTIONS

.—

‘‘(i) D

EFINITION OF ELIGIBLE GRAIN HANDLING FA

CILITY

.—In this subparagraph, the term ‘eligible grain

handling facility’ means a grain handling facility

that—

‘‘(I) was granted an exception under the final

rule entitled ‘Exceptions to Geographic Areas for

Official Agencies Under the USGSA’ (68 Fed. Reg.

19137 (April 18, 2003)); and

‘‘(II) had that exception revoked between Sep-

tember 30, 2015 and the date of enactment of the

Agriculture Improvement Act of 2018.

‘‘(ii) R

ESTORATION OF EXCEPTIONS

.—Within 90

days of notification from an eligible grain handling fa-

cility, the Secretary shall restore an exception described

in clause (i)(I) with an official agency if—

‘‘(I) the eligible grain handling facility and the

former excepted official agency agree to restore that

exception; and

‘‘(II) the eligible grain handling facility noti-

fies the Secretary of the preferred date for restora-

tion of the exception within 90 days of enactment

of the Agriculture Improvement Act of 2018.’’.

ECHNICAL

ORRECTION

.—Section 7(f)(1) of the United

States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by in-

denting subparagraph (C) appropriately.

SEC. 12611. CONFERENCE REPORT REQUIREMENT THRESHOLD.

Section 14209(a)(3)(A) of the Food, Conservation, and Energy

Act of 2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking

‘‘$10,000’’ and inserting ‘‘$50,000’’.

SEC. 12612. NATIONAL AGRICULTURE IMAGERY PROGRAM.

(a) I

ENERAL

.—The Secretary of Agriculture, acting through

the Administrator of the Farm Service Agency, shall carry out a na-

tional agriculture imagery program to annually acquire aerial im-

agery during agricultural growing seasons from the continental

United States.

(b) D

ATA

.—The aerial imagery acquired under this section

shall—

(1) consist of high resolution processed digital imagery;

(2) be made available in a format that can be provided to

Federal, State, and private sector entities;

(3) be technologically compatible with geospatial informa-

tion technology; and

(4) be consistent with the standards established by the Fed-

eral Geographic Data Committee.

536

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

UPPLEMENTAL

ATELLITE

MAGERY

.—The Secretary of Agri-

culture may supplement the aerial imagery collected under this sec-

tion with satellite imagery.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $23,000,000 for fiscal

year 2019 and each fiscal year thereafter.

SEC. 12613. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS IN

COMMODITY PROMOTION, RESEARCH, AND INFORMATION

ACT OF 1996.

Not later than 180 days after the date of the enactment of this

Act, the Secretary of Agriculture shall submit to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report exam-

ining the effect the establishment of a Natural Stone Research and

Promotion Board pursuant to the Commodity Promotion, Research,

and Information Act of 1996 (7 U.S.C. 7401 et seq.) would have on

the natural stone industry, including how such a program would ef-

fect—

(1) research conducted on, and the promotion of, natural

stone;

(2) the development and expansion of domestic markets for

natural stone;

(3) economic activity of the natural stone industry subject

to such a Board;

(4) economic development in rural areas; and

(5) benefits to consumers in the United States of natural

stone products.

SEC. 12614. ESTABLISHMENT OF FOOD ACCESS LIAISON.

(a) I

ENERAL

.—Subtitle A of the Department of Agriculture

Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by

sections 12202, 12302, 12403, and 12504, is amended by adding at

the end the following:

‘‘SEC. 225. FOOD ACCESS LIAISON.

‘‘(a) E

STABLISHMENT

.—The Secretary shall establish the posi-

tion of Food Access Liaison to coordinate Department programs to

reduce barriers to food access and monitor and evaluate the

progress of such programs in accordance with this section.

‘‘(b) D

UTIES

.—The Food Access Liaison shall—

‘‘(1) coordinate the efforts of the Department, including re-

gional offices, to experiment and consider programs and policies

aimed at reducing barriers to food access for consumers, includ-

ing but not limited to participants in nutrition assistance pro-

grams;

‘‘(2) provide outreach to entities engaged in activities to re-

duce barriers to food access in accordance with the statutory

authorization for each program;

‘‘(3) provide outreach to entities engaged in activities to re-

duce barriers to food access, including retailers, markets, pro-

ducers, and others involved in food production and distribution,

with respect to the availability of, and eligibility for, Depart-

ment programs;

‘‘(4) raise awareness of food access issues in interactions

with employees of the Department;

537

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

‘‘(5) make recommendations to the Secretary with respect to

efforts to reduce barriers to food access; and

‘‘(6) submit to Congress an annual report with respect to

the efforts of the Department to reduce barriers to food access.’’.

(b) T

ECHNICAL

SSISTANCE

.—The Secretary shall provide tech-

nical assistance to entities that are participants, or seek to partici-

pate, in Department of Agriculture programs related to reduction of

barriers to food access.

SEC. 12615. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND

TO OBTAIN A FARM NUMBER.

(a) D

EFINITIONS

.—In this section:

(1) E

LIGIBLE DOCUMENTATION

.—The term ‘‘eligible docu-

mentation’’, with respect to land for which a farm operator

seeks assignment of a farm number under subsection (b)(1), in-

cludes—

(A) in States that have adopted a statute consisting of

an enactment or adoption of the Uniform Partition of Heirs

Property Act, as approved and recommended for enactment

in all States by the National Conference of Commissioners

on Uniform State Laws in 2010—

(i) a court order verifying the land meets the defi-

nition of heirs property (as defined in that Act); or

(ii) a certification from the local recorder of deeds

that the recorded owner of the land is deceased and not

less than 1 heir of the recorded owner of the land has

initiated a procedure to retitle the land in the name of

the rightful heir;

(B) a fully executed, unrecorded tenancy-in-common

agreement that sets out ownership rights and responsibil-

ities among all of the owners of the land that—

(i) has been approved by a majority of the owner-

ship interests in that property;

(ii) has given a particular owner the right to man-

age and control any portion or all of the land for pur-

poses of operating a farm or ranch; and

(iii) was validly entered into under the authority of

the jurisdiction in which the land is located;

erty with undivided interests for each of the 5 years pre-

ceding the date on which the farm operator submits the tax

returns as eligible documentation under subsection (b);

(D) self-certification that the farm operator has control

of the land for purposes of operating a farm or ranch; and

(E) any other documentation identified by the Secretary

under subsection (c).

(2) F

ARM NUMBER

.—The term ‘‘farm number’’ has the

meaning given the term in section 718.2 of title 7, Code of Fed-

eral Regulations (as in effect on the date of enactment of this

Act).

(b) F

ARM

UMBER

.—

(1) I

N GENERAL

.—The Secretary shall provide for the as-

signment of a farm number to any farm operator who provides

any form of eligible documentation for purposes of dem-

onstrating that the farm operator has control of the land for

purposes of defining that land as a farm.

538

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

(2) E

LIGIBILITY

.—Any farm number provided under para-

graph (1) shall be sufficient to satisfy any requirement of the

Secretary to have a farm number to participate in a program

of the Secretary.

LIGIBLE

OCUMENTATION

.—The Secretary shall identify al-

ternative forms of eligible documentation that a farm operator may

provide in seeking the assignment of a farm number under sub-

section (b)(1).

SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE

TERRITORIES.

(a) I

ENERAL

.—Section 26 of the Animal Welfare Act (7

U.S.C. 2156) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘Except as provided

in paragraph (3), it’’ and inserting ‘‘It’’; and

(B) by striking paragraph (3);

(2) by striking subsection (d); and

(3) by redesignating subsections (e), (f), (g), (h), (i), and (j)

as subsections (d), (e), (f), (g), (h), and (i), respectively.

(b) U

SE OF

OSTAL

ERVICE OR

THER

NTERSTATE

NSTRU

MENTALITIES

.—Section 26(c) of the Animal Welfare Act (7 U.S.C.

2156(c)) is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’.

RIMINAL

ENALTIES

.—Subsection (i) of section 26 of the

Animal Welfare Act (7 U.S.C. 2156), as redesignated by section 2(3),

is amended by striking ‘‘(e)’’ and inserting ‘‘(d)’’.

(d) E

NFORCEMENT OF

NIMAL

IGHTING

ROHIBITIONS

.—Sec-

tion 49(a) of title 18, United States Code, is amended by striking

‘‘(e)’’ and inserting ‘‘(d)’’.

(e) E

FFECTIVE

ATE

.—The amendments made by this section

shall take effect on the date that is one year after the date of the

enactment of this Act.

SEC. 12617. EXEMPTION OF EXPORTATION OF CERTAIN ECHINODERMS

FROM PERMISSION AND LICENSING REQUIREMENTS.

(a) D

EFINITIONS

.—In this section:

(1) C

ONSERVATION AND MANAGEMENT

.—The term ‘‘con-

servation and management’’ has the meaning given the term in

section 3 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1802).

(2) M

ARINE FISHERIES COMMISSION

.—The term ‘‘Marine

Fisheries Commission’’ means an interstate commission (as that

term is used in the Interjurisdictional Fisheries Act of 1986 (16

USC 4101 et seq.)).

(3) S

TATE JURISDICTION

.—The term ‘‘State jurisdiction’’

means areas under the jurisdiction and authority of a State as

described in section 306(a)(2) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1856(a)(2)).

(b) E

XEMPTION

.—Not later than 90 days after the date of enact-

ment of this Act, the Director of the United States Fish and Wildlife

Service shall amend section 14.92 of title 50, Code of Federal Regu-

lations, to clarify that—

(1) except as provided in paragraph (2) and subsection

(d)(2)—

(A) fish and wildlife described in subsection (c) are

fishery products exempt from the export permission require-

539

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

ments of section 9(d)(1) of the Endangered Species Act of

1973 (16 U.S.C. 1538(d)(1)); and

(B) any person may engage in business as an exporter

of fish or wildlife described in subsection (c) without pro-

curing—

(i) permission under section 9(d)(1) of the Endan-

gered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or

(ii) an export license under subpart I of part 14 of

title 50, Code of Federal Regulations (or successor reg-

ulations); and

(2) notwithstanding paragraph (1), unless the person has

qualified for and obtained an export license described in para-

graph (1)(B)(ii), any person that has been convicted of 1 or more

violations of a Federal law relating to the importation, trans-

portation, or exportation of wildlife shall not be permitted, dur-

ing the 5-year period beginning on the date of the most recent

conviction, to engage in business as an exporter of fish or wild-

life described in subsection (c).

OVERED

ISH OR

ILDLIFE

.—The fish or wildlife referred

to in subsection (b) are members of the species Strongylocentrotus

droebachiensis (commonly known as the ‘‘green sea urchin’’), includ-

ing any products of that species, that—

(1) do not require a permit under part 16, 17, or 23 of title

50, Code of Federal Regulations (or successor regulations);

(2)(A) are harvested in waters under State jurisdiction; or

(B) are imported for processing in the United States pursu-

ant to an import license as required under section 14.91 of title

50, Code of Federal Regulations (or a successor regulation), and

not exempt from import license requirements under section

14.92 of that title (as in effect on the day before the date of en-

actment of this Act); and

(3) are exported for purposes of human or animal consump-

tion.

(d) I

NFORMATION

OLLECTION ON

XPORTS

.—

(1) I

N GENERAL

.—The State agency that regulates or other-

wise oversees a State fishery in which the fish and wildlife de-

scribed in subsection (c) are harvested shall annually transmit

the conservation and management data (as defined in sub-

section (a)) to the Interstate Fisheries Management Program

Policy Board of the applicable Marine Fisheries Commission.

(2) P

RIVACY

.—Such data thereafter shall not be released

and shall be maintained as confidential by such applicable Ma-

rine Fisheries Commission, including data requested under the

section 552 of title 5, United States Code, unless disclosure is

required under court order or unless the data is essential for an

enforcement action under Federal wildlife management laws.

(3) E

XCLUSION

.—The exemption under subsection (b)(1)

shall not apply in a State if—

(A) the State fails to transmit the data required under

paragraph (1); or

(B) the applicable Marine Fisheries Commission deter-

mines, in consultation with the primary research agency of

such Commission, after notice and an opportunity to com-

ment, that the data required under paragraph (1) fails to

prove that the State agency or official is engaged in con-

540

O:\RYA\RYA18A05.xml [file 13 of 13] S.L.C.

servation and management of the fish or wildlife described

in subsection (c).

SEC. 12618. DATA ON CONSERVATION PRACTICES.

Subtitle E of title XII of the Food Security Act of 1985 (16

U.S.C. 3841 et seq.) is amended by adding at the end the following:

‘‘SEC. 1247. DATA ON CONSERVATION PRACTICES.

‘‘(a) D

ATA ON

ONSERVATION

RACTICES

.—The Secretary shall

identify available data sets within the Department of Agriculture re-

garding the use of conservation practices and the effect of such prac-

tices on farm and ranch profitability (including such effects relating

to crop yields, soil health, and other risk-related factors).

‘‘(b) R

EPORT

.—Not later than 1 year after the date of enactment

of the Agriculture Improvement Act of 2018, the Secretary shall sub-

mit 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—

‘‘(1) a summary of the data sets identified under subsection

(a);

‘‘(2) a summary of the steps the Secretary would have to

take to provide access to such data sets by university research-

ers, including taking into account any technical, privacy, or ad-

ministrative considerations;

‘‘(3) a summary of safeguards the Secretary employs when

providing access to data to university researchers;

‘‘(4) a summary of appropriate procedures to maximize the

potential for research benefits while preventing any violations of

privacy or confidentiality; and

‘‘(5) recommendations for any necessary authorizations or

clarifications of Federal law to allow access to such data sets

to maximize the potential for research benefits.’’.

SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES

ACT.

(a) I

ENERAL

.—Section 102(16) of the Controlled Substances

Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to

subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and insert-

ing the following:

‘‘(B) The term ‘marihuana’ does not include—

‘‘(i) hemp, as defined in section 297A of the Agricultural

Marketing Act of 1946; or

‘‘(ii) the’’.

(b) T

ETRAHYDROCANNABINOL

.—Schedule I, as set forth in sec-

tion 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is

amended in subsection (c)(17) by inserting after

‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for

tetrahydrocannabinols in hemp (as defined under section 297A of

the Agricultural Marketing Act of 1946)’’.

And the Senate agree to the same.

Joint Explanatory Statement of the Committee of Conference

The managers on the part of the Senate and the House at the conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill, H.R. 2, to provide for the reform and

continuation of agricultural and other programs of the Department of Agriculture through fiscal year

2023, and for other purposes, submit the following joint statement to the Senate and the House in

explanation of the effect of the action agreed upon by the managers and recommended in the

accompanying conference report:

The Senate amendment struck all of the House bill after the enacting clause and inserted a substitute

text.

The House recedes from its disagreement to the amendment of the Senate with an amendment that is a

substitute for the House bill and the Senate amendment.

The differences between the House bill, the Senate amendment, and the substitute agreed to in

conference are noted below, except for clerical corrections, conforming changes made necessary by

agreements reached by the conferees, and minor drafting and clarifying changes.

Title I – Commodities

(1) Definitions

The House bill proposes a freestanding version of the farm program statutory

framework, and provides definitions for 24 terms applicable to the commodity program

provisions in subtitles A and B of the Act. Most are the same as current law, with

exceptions in the following paragraphs of section 1111: (4) Base Acres: technical

change is made to cross reference the same definition in the 2014 Act; (5) Covered

Commodities: updated to include seed cotton in the underlying definition; (7) Effective

Reference Price: defined to mean the lesser of: (A) An amount equal to 115% of the

reference price for such covered commodity; or (B) An amount equal to the greater of—

(i) the reference price for such covered commodity; or (ii) 85 percent of the average of

the marketing year average price of the covered commodity for the most recent 5 crop

years, excluding each of the crop years with the highest and lowest marketing year

average price. (9) Marketing Year Average Price: included as defined term in lieu of

repeated references to “national average market price received by producers during the

12-month marketing year for a covered commodity”; (13) Payment Yield: conforming

amendment is included to reflect reenactment of new Title I provisions. (21) Temperate

Japonica Rice: the reference to one-time reallocation of base acres under the Agriculture

Act of 2014 is deleted. The House bill also deletes the current law definitions of “County

Coverage” and “Individual Coverage”, consistent with the House bill’s proposal to repeal

the Agriculture Risk Coverage (ARC) individual program. The definition of “Generic

Base Acres” is also omitted. (Section 1111)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to add

a definition of “effective reference price” to section 1111 of the Agricultural Act of 2014.

(Section 1101)

(2) Base Acres

The House bill deletes the provisions in section 1112(a) of the Agricultural Act of

2014 governing the 2009 through 2012 crop year-based 1-time base reallocation.

(Section 1112(a)-(c)(2))

The Senate amendment amends section 1112(c)(2) to make a technical correction

to update the reference to the wetlands reserve program to wetland reserve easements.

(Section 1709(a))

The Conference substitute adopts the Senate provision. (Section 1102(a))

The Managers expect the Farm Service Agency (FSA) to provide information to

producers regarding the treatment of base on a farm prior to a producer making a decision

on whether or not to reenroll the farm in a CRP contract.

(3) Base Acres-Treatment of Unplanted Base Acres

The House bill requires that in the case of a farm on which no covered

commodities (including seed cotton) were planted during 2009 through 2017, the

Secretary shall allocate all base acres on the farm to unassigned crop base for which no

payment shall be made under the Price Loss Coverage (PLC) or ARC programs.

The House bill also requires the Secretary to ensure that producers do not

reconstitute the farm to void or change the treatment of base acres section 1112. (Section

1112(c)((3)-(c)(4))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

provide that in the case of a farm on which all of the cropland was planted to grass or

pasture (including cropland that was idle or fallow), as determined by the Secretary,

during 2009 through 2017, the Secretary shall maintain all base acres and payment yields

for the covered commodities on the farm, except that no payment shall be made with

respect to those base acres under the PLC or ARC programs for the 2019 through 2023

crop years. In addition, producers on a farm for which all the base acres are maintained

under this provision are ineligible for the option to change their PLC / ARC election

under new section 1115(h) of the Agricultural Act of 2014 as added by section 1105 of

the bill. (Section 1102(b))

The Managers intend for base acreage on entire farms planted to grass and pasture

to be limited to include only FSA crop codes for grass (subcategories of grass and native

grass) and idle (subcategories of fallow and idle) for the purposes of the provision. The

Managers intend for FSA to electronically maintain all of the base acres on the farm as

the crop base for the covered commodity, along with program payment yields for the

farm. The Managers do not intend for the base acres to be categorized as unassigned crop

base, nor that unassigned crop base will be affected by this provision.

The Managers do not intend for base acreage planted to annual forages, such as

sorghum-sudangrass or grazed commodities, to be considered planted to grass and

pasture for the purposes of the provision. The Managers do not intend for base acreage

assigned to idle crop codes (other than those for the subcategories of idle and fallow) and

for base acreage under a CRP contract to be considered planted to grass and pasture for

the purposes of the provision.

The Managers expect FSA to consult with the Committees during the process of

identifying the base acreage that they determine to be subject to new section 1112(d)(3).

(4) Payment Yields – Designated Oilseeds

The House bill provides for the establishment of designated oilseed yields for a

farm that does not have a payment yield under the Agricultural Act of 2014 (same as

current law).

The House bill also increases the payment yield for designated oilseeds from 75

percent to 90 percent of the average yield per planted acre for the most recent 5 years.

(Section 1113)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

clarify that the payment yield for designated oilseeds shall be established at 90 percent of

the average yield per planted acre for the most recent 5 years shall apply only with

respect to oilseed designated after the date of enactment of the Agriculture Improvement

Act of 2018. (Section 1103(a))

(5) Payment Yields-Single Opportunity to Update Yields in Counties Affected by Drought

The House bill provides: (1) a single opportunity for the owner of a farm to

update yields only where the farm is physically located in a county that experienced 20 or

more consecutive weeks of exceptional drought during 2008 through 2012; (2) by

covered-commodity, yields may be updated at 90% of average yield per planted acre for

the 2013 through 2017 crop years (excluding any year in which the acreage planted to the

covered commodity was zero); (3) if the farm-level yield is less than 75% of the average

county yield for a covered commodity for any of the years, then the Secretary shall assign

75% of the 2013-2017 average county yield for the covered commodity for that crop

year; (4) the election must be made in time for the 2019 crop year; and (5) the average

yield for seed cotton per planted acre equals 2.4 times the average yield for upland cotton

per planted acre. (Section 1113(c))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

provide the owners of all farms in the country a one-time opportunity to update the

payment yield that would otherwise be used in calculating any PLC payment for each

covered commodity on the farm, based on a formula specified in the statute, to be in

effect beginning with the 2020 crop year. (Section 1103(b))

(6) Payment Acres

The House bill amends the minimum 10 base acre test for PLC or ARC payments

to provide an exception for producers who collectively have more than 10 base acres

across all farms in which they have an interest. Section 1114(c)(4) provides that for each

crop year for which fruits, vegetables (other than mung beans and pulse crops), or wild

rice are planted to base acres on a farm for which a reduction in payment acres is made,

the Secretary shall consider such base acres to be planted, or prevented from planting, to

a covered commodity for purposes of any adjustment or reduction of base acres for the

farm under section 1112 of the Agricultural Act of 2014. (Section 1114)

The Senate amendment amends current law section 1114(e) of the Agricultural

Act of 2014 to provide that: (A) if the Secretary recalculates base acres for a farm while

a farm is engaged in planting and production of fruits, vegetables, or wild rice on base

acres for which a reduction in payment acres was made, that planting and production

shall be considered to be the same as the planting and production of a covered

commodity; and (B) this provision does not authorize the Secretary to recalculate base

acres for a farm (Section 1101)

The Conference substitute adopts the House provision with an amendment to add

beginning and veteran farmers or ranchers to the current law exception for socially

disadvantaged farmers and ranchers from the minimum 10 base acre test for PLC or ARC

payments. (Section 1104)

(7) Producer Election

The House bill deletes references to ARC Individual coverage, but otherwise is

consistent with current law, providing that failure to make a unanimous election for the

2019 crop year results in no program payments on the farm for the 2019 crop year, and

that the producers on the farm are deemed to have elected PLC for all covered

commodities on the farm for the 2020-2023 crop years. (Section 1115)

The Senate amendment makes current law section 1115(a) applicable for the 2019

through 2023 crop years. The Senate amendment also amends current law 1115(c) to

provide that failure to make a unanimous election for the 2019 crop year results in no

program payments to the farm for the 2019 crop year, and the producers on the farm are

deemed to have elected ARC county coverage for all covered commodities on the farm

for the 2020-2023 crop years. (Section 1102)

The Conference substitute adopts the Senate provision with an amendment that

failure to make a unanimous election for the 2019 crop year results in no program

payments to the farm for the 2019 crop year, and the producers on the farm are deemed to

have elected the same coverage for each covered commodity on the farm for the 2020

through 2023 crop years as was applicable for the 2015 through 2018 crop years.

(Section 1105)

(8) Option to Change Producer Election

The Senate amendment amends section 1115 by adding a new subsection (h) to

provide that for the 2021 crop year, all of the producers on a farm may make a one-time,

irrevocable election to change the election applicable to the producers on the farm to PLC

or ARC, which shall apply to the producers on the farm for each of the 2021, 2022, and

2023 crop years. (Section 1106)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

allow producers an opportunity to change program elections annually beginning with

crop year 2021. (Section 1105(5))

The Managers intend for eligible producers to have the opportunity to voluntarily

change program elections annually beginning with crop year 2021 under similar terms as

the crop year 2019 election, including unanimous elections on a farm-by-farm and

covered commodity-by-covered commodity basis. However, the Managers do not intend

for FSA to require producers to make a new election or to reaffirm previous elections in

crop year 2021 or each crop year thereafter. This is an option to be exercised solely at the

discretion of the producers on the farm.

(9) One time filing for ARC and PLC

The House bill provides the following: (a) During the first enrollment period

announced by the Farm Service Agency (FSA) after the date of the enactment, producers

on a farm may file a one-time program contract with the Secretary to enroll in ARC or

PLC through crop year 2023. (b) In the case of a change in a farming operation for which

producers on a farm have filed a one-time program contract, the producers must file an

updated program contract with the Secretary not later than one year after such change in

the farming operation occurs. (c) The Secretary shall provide to each producer that files a

one-time program contract a notice that includes the applicable annual and other periodic

reporting requirements. (d) The Secretary shall issue regulations necessary to carry out

this section; and revise section 1412.41of title 7, Code of Federal Regulations, in

accordance with this section. (Section 1612)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(10) Price Loss Coverage

The House bill, effective for crop years 2019-2023, sets the PLC payment rate as

the difference between (1) the effective reference price and (2) the effective price.

In order to reflect price premiums, the House bill provides a reference price for

temperate japonica rice in an amount equal to (1) the effective price established for long

grain rice, multiplied by the ratio obtained by dividing: (A) the simple average of the

marketing year average price of medium grain rice from the 2012 through 2016 crop

years; by (B) the simple average of the marketing year average price of all rice from the

2012 through 2016 crop years. (Section 1116)

The Senate amendment amends section 1116 of the Agricultural Act of 2014 to

extend PLC provisions through crop year 2023, with an amendment to require that within

30 days after the end of each applicable 12 month marketing year for each covered

commodity, the Secretary shall publish the payment rate determined under 1116(c).

(Section 1103)

The Conference substitute adopts the House provision with an amendment to

require that within 30 days after the end of each applicable 12-month marketing year for

each covered commodity, the Secretary shall publish the payment rate determined under

1116(c). (Section 1106)

(11) Agriculture Risk Coverage

The House bill enacts the same provisions as current law for ARC county

coverage applicable to crop years 2019 through 2023. By omission ARC individual

would expire at the end of the 2018 crop year.

The House bill also enacts the same provisions as current law, with the following

changes: (1) deletes section 1117(g)(3) provisions to delete the ARC individual

provisions; (2) amends section 1117(g)(4) to require the Secretary to assign an actual or

benchmark county yield for each planted acre for the crop year for the covered

commodity – (A) for a county for which county data collected by the Risk Management

Agency (RMA) is sufficient to offer a county-wide insurance product using the actual

average county yield determined by RMA; or (B) for other counties using, as determined

by the Secretary – (i) other sources of yield information; or (ii) the yield history of

representative farms in the State, region, or crop reporting district; (3) adds a new

requirement that the Secretary make ARC payments to producers using the payment rate

of the county of the physical location of the base acres of a farm; and (4) deletes “to the

maximum extent practicable” from section 1117(g)(2), thus requiring the Secretary to

calculate a separate actual crop revenue and ARC guarantee for irrigated and nonirrigated

covered commodities. (Section 1117)

The Senate amendment amends section 1117(a) to: (1) reauthorize the ARC

County and ARC Individual Programs for the 2019 through 2023 crop years; and (2)

require ARC payments to be paid based on the physical location of the farm.

The Senate amendment also amends section 1117(c) to extend ARC coverage

guarantee provisions though the 2023 crop year; to increase the transitional (plug) yield

from 70 percent to 75 percent of the transitional yield; and to require the use of a trend

adjusted yield factor to adjust the yields in determining the actual county yield and the

benchmark county revenue for ARC county coverage, not to exceed the trend-adjusted

yield factor used to increase yield history under the endorsement under the Federal Crop

Insurance Act for that crop and county.

The Senate amendment requires the Secretary to publish the county payment rate

for a covered commodity no later than thirty days after the end of each marketing year for

each covered commodity.

The Senate amendment requires the Secretary to – (1) assign an actual yield for

the covered commodity by giving priority to the use of actual county yields from a single

source that provides the greatest national coverage of county-level data; and (2) prorate

the base acres and payments in the case of a farm that has a tract with base acres that

crosses a county boundary.

The Senate amendment also requires the Secretary, on request of a county FSA

State Committee, to consider a 1-time request to calculate a separate actual crop revenue

and ARC guarantee for irrigated and nonirrigated covered commodities in a county if,

during the 2014 through 2018 crop years – (1) an average of not less than 5 percent of the

planted and considered planted acreage of a covered commodity in the county was

irrigated; and (2) an average of not less than 5 percent of the planted and considered

planted acreage of the covered commodity in the county was nonirrigated. It also

authorizes the Secretary to use other sources of yield information, including the yield

history of representative farms in the State, region, or crop reporting district, when

considering or recalculating separate actual crop revenue and ARC guarantee. (Section

1104)

The Conference substitute adopts the Senate provisions with amendments to: (1)

make payments based on the payment rate of the county where the base acre on the farm

is physically located; (2) increase the transitional yield plug to 80 percent; (3) utilize the

“effective reference price” to calculate the guarantee; (4) calculate a separate irrigated

and nonirrigated yield in each county; and (5) prioritize RMA data in the calculation of

the guarantee and actual yields. The substitute deletes a Senate provision regarding the

case of a farm that has a tract with base acres that crosses a county boundary. (Section

1107)

In applying the yield plug, when actual yields drop below 80% of the transitional

yield for the county, the Managers expect the FSA Administrator to consult with the

Administrator of the Risk Management Agency (RMA) to ensure that the transitional

yield utilized is current and reflective of recent yields within the county.

In the case of a farm that has a tract with base acres that crosses a county

boundary, the Managers intend for FSA to prorate the base acres based on the quantity of

cropland of the tract in each county and calculate any ARC-County payments to the farm

on that basis.

For determining a separate irrigated and non-irrigated yield for a covered

commodity within a county with limited data for a practice, the Managers intend for the

Secretary to utilize other sources of yield information such as representative farms in

adjacent counties or the crop reporting district to determine a county yield that is

representative of the applicable practice.

The Managers intend for FSA to implement the trend yield adjustment such that it

has a similar result as the Federal Crop Insurance endorsement to adjust either the

guarantee or actual yield to account for the long-term increase in production that is not

accounted for otherwise. The Managers expect this will include using more than just the

five years of the guarantee to calculate a trend, which will also help avoid the potential

anomalies from using limited data. The Managers also expect all trend yield adjustments

to be positive or neutral.

(12) Agriculture Risk Coverage-Publication of Coverage Guarantee, Yield, and Price

The Senate amendment requires the publication of the county risk coverage

guarantee, average historical county yield, and the national average market price for each

covered commodity in each county, not later than 30 days after the end of the applicable

12-month marketing year; provides an exception to the reporting deadline in the case of a

covered commodity, such as temperate japonica rice, for which the Secretary cannot

determine the national average market price for the most recent 12-month marketing year

for the national average market price due to insufficient reporting of timely pricing data

by one or more nongovernmental entities, including a marketing cooperative for the

covered commodity. (Section 1104(6))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with a technical

amendment to clarify the information that the Secretary shall publish. (Section 1107)

(13) Administrative Units

The Senate amendment adds a new subsection to section 1117 of the Agricultural

Act of 2014 providing that, for purposes of ARC payments in the case of county

coverage, a county may be divided into not greater than two administrative units.

Eligible counties are those that are larger than 1,400 square miles, are in a State that is

larger than 140,000 square miles, and contain more than 190,000 base acres. (Section

12611)

The House bill contains no comparable provisions.

The Conference substitute adopts the Senate provision with an amendment to

delete the requirement the county be contained within a State that is larger than 140,000

square miles. The substitute adds a limit of 25 counties that may be divided into

administrative units, and provides direction for the preference to the division of counties

that have greater variation in climate, soils, and expected productivity between the

proposed administrative units. (Section 1107)

(14) Producer Agreements

The House bill restates current law except that it omits subsection (d), consistent

with the cessation of ARC individual coverage. (Section 1118)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(15) Repeal of Transition Assistance for Producers of Upland Cotton

The Senate amendment repeals section 1119 of the Agricultural Act of 2014.

(Section 1105)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 1108)

(16) Availability of Nonrecourse Marketing Assistance Loans for Loan Commodities

The House bill restates current law to make available nonrecourse marketing

assistance loans for the 2019 through 2023 crops. (Section 1201)

The Senate amendment amends section 1201(b) (1) of the 2014 Act to extend

current law for the availability of nonrecourse marketing assistance loans through 2023.

(Section 1201(a))

The Conference substitute adopts the Senate provision. (Section 1108)

(17) Loan Rates for Nonrecourse Marketing Assistance Loans

The House bill provides that for the 2019 through 2023 crop years the loan rate

for extra long staple cotton is increased to 95 cents per pound; the loan rate formula for

upland cotton is prevented from declining by more than two percent in any one crop year;

and that seed cotton shall be deemed to have a loan rate of 25 cents per pound for

purposes of calculating the effective price under PLC and actual crop revenue under

ARC. (Section 1202)

The Senate amendment amends section 1201(b)(1) of the 2014 Act to extend the

availability of nonrecourse marketing assistance loans through 2023. (Section 1201(b))

The Conference substitute adopts the House provision with amendments to adjust

the loan rates for wheat, corn, grain sorghum, barley, oats, long grain rice, medium grain

rice, soybeans, dry peas, lentils, small chickpeas, large chickpeas, and raw cane sugar for

the 2019 through 2023 crop years. (Sections 1202 and 1301(a))

(18) Loan Deficiency Payments

The House bill includes provisions that are the same as current law, effective for

the 2019 through 2023 crop years. (Section 1205)

The Senate amendment extends through the 2023 crop year the provisions of

section 1205(a)(2)(B) of the Agricultural Act of 2014 authorizing the Secretary to make

loan deficiency payments for hay and silage derived from a loan commodity.

The Senate amendment also repeals the authority of the Secretary to make loan

deficiency payments for nongraded wool in the form of unshorn pelts. (Section

1201(d)(1) & 1202)

The Conference substitute adopts the Senate provision with an amendment to

delete the repeal of the authority of the Secretary to make loan deficiency payments for

nongraded wool in the form of unshorn pelts. (Section 1201(c))

(19) Special Marketing Loan Provisions for Upland Cotton; Economic Adjustment

Assistance to Users of Upland Cotton

The House bill is the same as current law applicable beginning with the 2019 crop

year, except with regard to the changes to the Economic Adjustment Assistance to Users

of Upland Cotton, for which the House bill increases the payment rate of economic

adjustment assistance 3 cents to 3.15 cents per pound of cotton used, and renames the

program as “Economic Adjustment Assistance for Textile Mills.” (Section 1207)

The Senate bill amends section 1207(c) of the 2014 Act to extend the Economic

Adjustment Assistance to Users of Upland Cotton at the rate of 3 cents per pound through

July 31, 2021. For subsequent years, the program is extended at the same payment rate,

subject to funding available through annual appropriations. (Section 1203(b))

The Conference substitute adopts the House provision with an amendment to

continue the payment rate of economic adjustment assistance at 3 cents per pound of

cotton used, and to strike a redundant authority to provide economic adjustment

assistance under section 1207(c) of the Food, Conservation, and Energy Act of 2008 (7

U.S.C. 8737). (Section 1202)

The Managers believe timely shipment and delivery of cotton to the end-user is

essential to maintain the competitiveness of the U.S. cotton industry. The Managers urge

the Secretary to work with representatives of the U.S. cotton industry to identify how best

to update and modernize the current Cotton Storage Agreement for U.S. cotton

warehouses. The Managers expect any updates to be based on consensus

recommendations of all segments of the industry. As necessary, the Secretary should

make changes to the provider agreement between USDA and the electronic warehouse

receipt provider to facilitate the implementation of those industry recommendations to

improve the flow of cotton.

(20) Special Competitive Provisions for Extra Long Staple Cotton

The House bill is the same as current law, except the House bill maintains the

value of assistance available to domestic users of extra long staple cotton by making a

conforming change in new section 1208(b) to reflect the increase in the extra long staple

cotton loan rate. (Section 1208)

The Senate amendment extends current law through July 31, 2024. (Section

1201(d)(3)).

The Conference substitute adopts the House provision to make a conforming

change to reflect the increase in the extra long staple cotton loan rate, and extends the

authority through July 31, 2024. (Section 1204)

(21) Availability of Recourse Loans for High Moisture Feed Grains and Seed Cotton

The House bill (1) extends current law with respect to high moisture feed grains

and seed cotton for the 2019 through 2023 crops; and (2) requires the Secretary to make

available recourse commodity loans at the loan rate for a marketing assistance loan for a

loan commodity that is ineligible for 100 percent of the nonrecourse marketing loan rate

in the county due to a determination that the commodity is contaminated yet still

merchantable. (Section 1209)

The Senate amendment extends current law with respect to high moisture feed

grains and seed cotton through the 2023 crops. (Section 1201(d)(4))

The Conference substitute adopts the House provision. (Section 1205)

(22) Adjustment of Loans

The House bill (1) continues the authorization for the Secretary to adjust loan

rates for loan commodities in the same matter as current law; and (2) adds a requirement

that the Secretary shall consider methods to enhance the support, loan, or assistance

provided under this title in a manner that further minimizes the potential for forfeitures.

(Section 1210)

The Senate amendment has no comparable provision.

The Conference substitute deletes the House provision.

(23) Dairy Risk Management Production for Dairy Producers – Reports; Collection and

Review of Data

The House bill requires the Secretary to submit a report to the relevant

congressional committees evaluating the accuracy of the data used by the Secretary to

reevaluate the average cost of feed used by a dairy operation to produce a hundredweight

of milk.

The House bill also requires the Secretary to submit a report to the relevant

congressional committees detailing the costs incurred by the dairy operation in the use of

corn silage as feed and the difference between the feed cost of corn silage and the feed

cost of corn.

The House bill also requires the Secretary to revise monthly price survey reports

to include prices for high-quality alfalfa hay in the top five milk producing States.

(Section 1401(a) through (c))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provisions. (Section 1401(a) through

(c))

(24) Margin Protection Program for Dairy Producers – Name of Program

The House bill (1) renames the program as the Dairy Risk Management Program

for Dairy Producers (DRMP), defined in section 1401(5) and referred to throughout as

the “dairy risk management program” (2) makes conforming amendments throughout

section 1401, and specifically in subsection (i). (Section 1401 generally & subsection

(i))

The Senate amendment (1) renames the program as Dairy Risk Coverage (DRC),

defined in section 1401(5) and referred to throughout as “dairy risk coverage;” and (2)

makes amendments throughout current law section 1401 to conform to the renaming of

the program to “Dairy Risk Coverage.” (Section 1401)

The Conference substitute adopts the House provision with an amendment to

rename the program Dairy Margin Coverage (DMC). (Section 1401)

(25) Margin Protection Program for Dairy Producers- Definition of Catastrophic

Coverage

The Senate amendment amends current law section 1401 to add a definition of

“catastrophic coverage.” (Section 1401(b))

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(26) Establishment of Margin Protection Program for Dairy Producers

The House bill amends section 1403 to require the Secretary to continue to

administer a dairy risk program.

The House bill also provides that the amendments made by section 1401 shall

take effect 60 days after the date of enactment. (Section 1401 (i) & (j))

The Senate amendment amends current law section 1403(a), to require the

Secretary to administer DRC beginning with the 2019 calendar year.

The Senate amendment also provides that Subpart A of part 1430 of title 7, Code

of Federal Regulations (as in effect on the date of enactment), shall remain in effect for

DRC beginning with the 2019 calendar year, except to the extent that the regulations are

inconsistent with any provision of this Act. (Section 1401(d))

The Conference substitute adopts the Senate provision with amendments that

specify that MPP regulations that do not conflict with the new structure of DMC are to

remain in place and do not need to be reissued. (Section 1401(k))

(27) Margin Protection Program for Dairy Producers-Registration of Multiproducer

Dairy Operations

The House bill amends section 1404(b) to allow a multiproducer dairy operation

to elect to exclude from registration under the DRMP one or more individual owners –

(1) who individually owns less than five percent of the operation; or (2) who is entitled to

less than five percent of the income, revenue, profit, or one of other specified financial

measures of the operation.

The House bill also would require a reduction in DRMP payments to such

operations corresponding to the reduction in ownership excluded from registration.

(Section 1401(d))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

ensure a multiproducer dairy will be treated as a single operation under the program, and

to clarify that operations are not allowed to reduce their production history to impact

eligibility for tier I or tier II premiums. (Section 1401(d))

The Managers intend for FSA to ensure a more efficient sign-up process for dairy

operations with multiple owners. The Managers intend for operations to be allowed to

sign-up for coverage without every owner participating, and that those participating

operations be treated as a single operation consistent with existing law. After coverage

elections are made, the total premiums due and payments made may be adjusted

downward to reflect the proportion of ownership participating. Nothing in this section is

intended to allow a participating dairy operation to reduce the production history for the

dairy operation to impact eligibility for tier I or tier II premiums.

(28) Margin Protection Program for Dairy Producers-Catastrophic Coverage

The Senate amendment amends section 1404(b) to provide that a participating

dairy operation may elect to receive catastrophic coverage instead of paying a premium

under section 1407.

The Senate amendment also amends section 1404(c) to provide that, in addition to

the $100 administrative fee under section 1404(c)(1)(A), a participating dairy operation

that elects to receive catastrophic coverage shall pay an additional administrative fee of

$100. (Section 1401(e))

The House bill contains no comparable provision.

The Conference substitute allows participating dairy operations to elect to receive

a $4 coverage level instead of paying a premium. (Section 1401(h))

(29) Margin Protection Program for Dairy Producers-Relation to Livestock Gross

Margin for Dairy Program

The House bill amends section 1404(d) to allow a dairy operation to participate in

both the DRMP and the Livestock Gross Margin (LGM) for dairy program. (Section

1401(e))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with a modification

permitting participating dairy operations to participate in both programs on the same

production, and to allow producers who were locked out of the improved 2018 MPP due

to LGM participation to retroactively participate in MPP for the months in 2018 in which

they were excluded from participation. (Section 1401(e))

Given that Dairy Margin Coverage (DMC) is a new program option for dairy

operations, the Managers note the importance of USDA-led outreach and education

efforts to operations that are currently participating in the Margin Protection Program

(MPP), those that have ceased participation, and those that have never participated

(including organic dairy farmers that may not be aware of their eligibility). In advance of

2019 program sign-up, the Managers expect FSA to conduct outreach to eligible

operations through repeated contacts and multiple modes such as mailings, phone calls

and local meetings, and to collaborate with state licensing boards, cooperatives, producer

groups, institutions of higher education, and other stakeholders to thoroughly inform

producers of their operations’ new affordable options under DMC, MPP credit or refund

values, and the new safety net options provided under DMC.

Specifically with regard to the credit or refund under section 1407(f) of the

Agricultural Act of 2014 (7 USC 9057), the Managers recognize the potential complexity

of tracing former owners of operations that have ceased operation, but expect operations

that have continued operation unabated to be offered the option of a credit or refund in

conjunction with the 2019 program sign-up. Additionally, this title removes restrictions

between DMC and any Federal Crop Insurance product. Therefore the Managers expect

FSA and the Risk Management Agency (RMA) to coordinate to ensure that each

agency’s employees, along with crop insurance companies, agents and customers, are

aware of the change in rules and additional opportunities for complementary coverage.

(30) Margin Protection Program for Dairy Producers – Production History of

Participating Dairy Operations

The House bill amends current law section 1405 (a)(2) to limit the application of

the adjustments to the production history of participating dairy operations to “calendar

years ending before January 1, 2019.”

The House bill also adds a new section 1405(d) to prevent DRMP payments to a

participating dairy operation if the Secretary determines that the participating dairy

operation has reorganized the operation solely for the purpose of qualifying as a new

operation. (Section 1401(f))

The Senate amendment amends current law section 1405(a)(2) to limit the

application of the adjustments to the production history of participating dairy operations

to “during each of the 2014 through 2019 calendar years.” (Section 1401(f))

The Conference substitute adopts the House provision with an amendment to

provide equitable treatment to newly-participating dairies. (Section 1401(f))

(31) Margin Protection Program - Payments

The House bill amends section 1406(a) of the Agricultural Act of 2014 to provide

that, for purposes of receiving DRMP payments for a month, a participating dairy

operation shall elect – (1) a coverage level threshold that is equal to $4.00, $4.50, $5.00,

$5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 “(and in the case of production subject to Tier

1 premiums (under section 1407(b)), also $8.50 or $9.00)”; and (2) a percentage of

coverage, in 5-percent increments, but not to exceed 90 percent of the production history

of the participating dairy operation.

The House bill further amends section 1406 by adding a new subsection (d)

requiring that, within 90 days after the date of enactment, each participating dairy

operation shall elect a coverage level threshold under subsection (a)(1) and a coverage

percentage under subsection (q) (2) to be used to determine DRMP payments. This

election shall remain in effect for the participating dairy operation through December 31,

2023 (for the duration of the DRMP, as specified in section 1409). (Section 1401(h))

The Senate amendment amends section 1406(a) of the Agricultural Act of 2014 to

provide that, for purposes of receiving margin protection payments for a month, a

participating dairy operation shall annually elect – (1) a coverage level threshold that is

equal to – (A) in the case of catastrophic coverage, $5.00; (B) $5.50, $6.00, $6.50, $7.00,

$7.50, $8.00, $8.50, or $9.00; and (2)(A) a percentage of coverage, in 5-percent

increments, that does not exceed 90 percent of the production history of the participating

dairy operation; or (2)(B) in the case of catastrophic coverage, a coverage level of 40

percent of the production history of the participating dairy operation. (Section 1401(g))

The Conference substitute adopts the House provision with an amendment to

require the participating dairy operation to elect a coverage level threshold that is equal to

$4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, $8.00, $8.50, $9.00, or $9.50 for

their first five million pounds of participating production. The amendment allows an

operation that elects coverage on its first five million pounds of $8.00, $8.50, or $9.50 to

make a second election of a coverage level threshold that is equal to $4.00, $4.50, $5.00,

$5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 for production over five million pounds. The

amendment also allows operations to cover between five percent and ninety-five percent

of their production history. (Section 1401(g))

(32) Margin Protection Program – Premium Rates

The House bill amends section 1407(b)(2) to set the Tier 1 premium rates for the

first 5 million pounds of milk marketings included in the production history of a

participating dairy operation, for each coverage level ranging from $5.50 to $9.00 per

hundredweight. (Section 1401(h))

The Senate amendment amends section 1407(b)(2) to set the Tier 1 premium rates

for the first 5 million pounds of milk marketings included in the production history of a

participating dairy operation, the premium per hundredweight for each coverage level

ranging from $5.50 to $8.00 per hundredweight. (Section 1401(h))

The Conference substitute adopts the House provision with an amendment to

modify premium rates from the $4.00 to $9.50-coverage options. The amendment also

modifies premium rates for operations covering more than five million pounds. (Section

1401(h))

(33) Margin Protection Program – Small and Medium Farmer Discount

The Senate amendment adds a new subsection (f) to section 1407 to require that

the Tier I and Tier II premium per hundredweight for each coverage level shall be

reduced by – (1) 50 percent for a participating dairy operation with a production history

that is less than 2 million pounds; and (2) 25 percent for a participating dairy operation

with a production history that is less than 2 million pounds and not greater than 1 million

pounds. (Section 1401(h)(6))

The House bill contains no comparable provision.

The Conference substitute provides that any operation that signs up in 2019 and

commits to maintaining their coverage decisions, including coverage level and covered

production, through 2023 will receive a 25% discount on their premiums each year. Any

producer who makes this commitment will be unable to change that coverage decision at

any time over the life of the bill. Operations electing not to commit to five-year decisions

may continue to make annual coverage decisions but will be ineligible for this discount.

(Section 1401(j))

(34) Margin Protection Program- Repayment of Premiums

The Senate amendment adds a new subsection (g) to section 1407 to require the

Secretary to repay each dairy operation that participated in the MPP as in effect for each

of calendar years 2014 through 2017, an amount equal to the difference between – (1) the

premiums paid by the participating dairy operation for the calendar year; and (2) the total

amount of margin protection payments made to the participating dairy operation for the

calendar year. (Section 1401(h)(6))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments

clarifying that eligible dairy operations must apply for the repayment and to establish the

percentages for repayments as credit at 75 percent and direct cash repayment at 50

percent. (Section 1401(i))

The Managers expect, with regard to the credit or refund under section 1407(f) of

the Agricultural Act of 2014 (7 USC 9057), for FSA to make the credit or refund

available to the operation that paid the premiums for coverage during 2014 through

2017. In the event that the ownership and production history of an operation has been

sold or transferred, the Managers expect the current operation to receive the credit or

refund. In the case of an operation that participated in MPP during 2014, 2015, 2016, or

2017 and has since ceased operating or been dissolved, the Managers expect FSA to offer

the owners of the operation a credit or refund based on their respective ownership share.

(35) Margin Protection Program for Dairy Producers-Duration

The House bill amends section 1409(k) to authorize the DRMP through

December 31, 2023. (Section 1401(k))

The Senate Amendment amends section 1409 to authorize DRC through

December 31, 2023. (Section 1401(j))

The Conference substitute provides an authorization for the DMC program

through December 31, 2023. (Section 1401(l)). The Conference substitute also provides

that the effective date of the amendments made by Section 1401 is January 1, 2019.

(Section 1401(m))

While DMC is replacing MPP, the Managers expect FSA to continue utilizing any

existing regulations that are not contradicted by the new provisions including the

regulations related to intergenerational transfer and the regulation that provides the

maximum coverage percentage at a $4 margin, even if an operation selects a lower

percentage under buy-up.

(36) Dairy Product Donation Program

The House bill repeals the current law Dairy Product Donation Program (Section

1431 of the 2014 Act). (Section 1406)

The Senate amendment amends current law section 1431 in its entirety to

establish and administer a milk donation program to reimburse eligible dairy

organizations’ costs incurred for donating milk by accounting to the Federal Milk

Marketing Order pool the difference in the Class I milk value and the lowest classified

price for the applicable month (either Class III milk or Class IV milk).

The Senate amendment defines eligible dairy organization, eligible distributor,

eligible milk, eligible partnership, and participating partnership for purposes of the

program. The amendment also establishes the purposes and administrative provisions

governing the program, donation and distribution plans, and the reimbursement of

qualified expenses. It prohibits the resale of products, and requires the conduct of audits

to insure program integrity.

The amendment provides mandatory funding for the program in the amount of $8

million for fiscal year 2019, and $5 million each fiscal year thereafter. (Section 1413)

The Conference substitute adopts the Senate provision with an amendment to

repeal the Dairy Product Donation Program in current law and establish a new fluid milk

donation program that makes it easier for producers, processors, and co-operatives to

donate fluid milk to food banks and other feeding organizations. The amendment

provides mandatory funding for the program at $9 million in 2019 and at $5 million in

each of the following years. (Section 1404)

(37) Supplemental Agricultural Disaster Assistance

The House bill amends the Livestock Indemnity Program (LIP) to cover death or

sale loss as a result of diseases that are “caused or transmitted by a vector and that is not

able to be controlled by vaccination or other acceptable management practices.

The House bill also eliminates the payment limitation of $125,000 per crop year

for Emergency Assistance for Livestock, Honey Bees, and Farm Raised-Fish (ELAP).

The amendment applies the limitation to any person or “qualified pass through entity,”

and excludes such a person or pass through entity from the Adjusted Gross Income (AGI)

limitation if 75 percent or more of the person or entity’s average AGI comes from

farming, ranching, or silviculture.

The House bill also requires that the amendments made by this section shall be

effective for losses incurred on or after January 1, 2017. (Section 1501)

The Senate amendment adds an Indian Tribe or tribal organization (as those terms

are defined in section 4 of the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 5304) as an eligible producer for purposes of supplemental agricultural

assistance.

The Senate amendment also allows the Secretary to provide assistance for

coverage under LIP for the death of unweaned livestock due to adverse weather,

including those that have not been vaccinated; and requires the Secretary to seek input

annually from the bison industry to ensure LIP rates are consistent with market value.

The Senate amendment also provides that funds made available for emergency

assistance include for the purpose of reducing losses from inspections of cattle tick fever.

The Senate amendment also requires an increased cost reimbursement of 75

percent for beginning farmers, ranchers and veterans under the Tree Assistance Program

(TAP). (Sections 1501 & 12610)

The Conference substitute adopts the House provisions with amendments to add

Indian Tribes or tribal organizations as an eligible producer, provide assistance for

coverage under LIP for the death of unweaned livestock due to adverse weather, make

available ELAP funds for inspections of cattle tick fever, increase the cost share available

under TAP to 75 percent for beginning farmers, ranchers, and veterans, and to exclude

the changes related to “qualified pass thru entities”, AGI, and retroactive application.

(Section 1501)

The Managers encourage the Secretary to seek input and data from the bison

industry (including bison producer groups) annually relating to the market value of bison

to ensure that Livestock Indemnity Program (LIP) payments are consistent with the

market value of bison.

The Managers intend for livestock death losses that occur due to a cause of loss

that is not eligible for indemnification under LIP to still be eligible for compensation

under Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish (ELAP).

The Managers note the ongoing struggle faced by beekeepers due to the

persistence of Colony Collapse Disorder (CCD). In determining a normal mortality rate

for honeybees for the purposes of calculating ELAP assistance for beekeepers, the

Managers expect FSA to use mortality rates known to be normal prior to the emergence

of CCD and other serious honeybee health declines.

(38) Loss of Peach and Blueberry Crops due to Extreme Cold

The Senate amendment requires the Secretary to provide compensation for

expenses relating to losses of peach and blueberry crops that occurred during calendar

year 2017 due to extreme cold, as determined by the Secretary. It provides $18 million in

mandatory funding from CCC. (Section 1502)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(39) Administration and Operation of Noninsured Crop Assistance Program – Eligible

Crops

The House bill amends section 196(a)(2) of the Federal Agriculture Improvement

and Reform Act to define “eligible crops” for the purposes of non-insured assistance as

commercial crops or other agricultural commodities which are produced for food or fiber

(except livestock) for which catastrophic risk protection or certain other additional

coverage is not available. (Section 11501)

The Senate amendment amends section 196(a)(1) of the Federal Agriculture

Improvement and Reform Act of 1996 to direct the Secretary to coordinate between the

agencies of the Department data collection, eligibility, and reduced paperwork for the

Noninsured Crop Assistance Program (NAP).

The Senate amendment also amends section 196(a)(4) to clarify required

reductions in benefits for eligible crops for any 4 years after native sod acreage has been

tilled by producers in Iowa, Minnesota, Montana, Nebraska, North Dakota, and South

Dakota. The Senate amendment allows a governor of another State to elect to have the

provision apply to the State. It also requires a producer, as a condition of receiving

noninsured crop assistance, to certify to the Secretary if the producer has tilled native sod

for the production of an insurable crop. The Senate amendment directs the Secretary to

submit an annual report to the House and Senate Agriculture Committees describing the

tilled native sod acreage in each country and state.

The Senate amendment also amends section 196(b) to add a new paragraph (4)

requiring the Secretary to establish a streamlined process for the submission of records

and acreage reports for small-scale, direct-to-consumer, and divers urban production

systems.

The amendment also amends section 196(i)(2) to establish separate payment

limitations of $125,000 for catastrophic coverage and $300,000 for additional coverage.

(Section 1601)

The Conference substitute adopts the Senate provisions with amendments to

define “eligible crops”, clarify that native sod acreage that has been tilled would be

subject to a reduction in benefits not more than four cumulative years during the first ten

years after initial tillage, and exclude the authority for a governor of a state to elect to

have the requirements apply to a state not currently covered by native sod rules.

(Section 1601)

The Managers observe that FSA implements the Noninsured Crop Disaster

Assistance Program (NAP) in a manner that is appropriate for conventional row-crop

agriculture with entire fields and farms planted to one, or a small number of crops, that

are harvested in a single crop year. The Managers note that producers who grow a variety

of crops, often on small acreage with multiple rotations each crop year, have a paperwork

burden under existing NAP that can act as a barrier to obtaining adequate risk protection.

The Managers direct FSA to streamline reporting requirements through an

equivalent process as described in the regulations for microloan operating loans under

parts 761 and 764 of title 7, Code of Federal Regulations (as in effect on the date of

enactment) and implement any other additional streamlining, as determined appropriate.

The Managers also encourage FSA to coordinate with RMA to ensure that participation

data are collected in a form useful to support the development and expansion of Federal

Crop Insurance to new crops and counties.

(40) Noninsured Crop Assistance Program – Service Fee

The House bill amends section 196(k)(1) to increase the service fees for eligible

crops to the lesser of – (a) $350 per crop per county; or (B) $1,050 per producer per

county, but not to exceed a total of $2,100 per producer (Section 11502)

The Senate amendment amends section 196(k)(l) to increase the service fees for

eligible crops to the lesser of – (A) $325 per crop per county; or (B) $825 per producer

per county, but not to exceed a total of $1,950 per producer. (Section 1601(6))

The Conference substitute adopts the Senate provision. (Section 1601(6))

(41) Noninsured Crop Assistance Program – Payment Equivalent to Additional Coverage

The House bill amends section 196(1)(2)(b)(i) to add the producer’s share of the

crop to the list of multipliers used to calculate the service fee or premium required to be

paid by the producer in order to receive payments under noninsured assistance.

The House bill strikes obsolete current law section 196(1)(3) that addressed

assistance for losses to certain 2012 annual fruit crops grown on a bush or tree related to

losses due to a freeze or frost.

The House bill also amends section 196(1)(5) to extend the availability of

additional coverage under subsection (l) through the 2023 crop year. (Section 11503)

The Senate amendment amends section 196(1)(l) to add “the producer’s share of

the total acres devoted to the crop” to the list of multipliers used to calculate the NAP

payment amount that is equivalent to an indemnity for additional coverage under section

508(c) of the Federal Crop Insurance Act.

The Senate amendment amends section 196(1)(1)(C) to clarify the “market price”

used to calculate the NAP payment amount to also include the “contract price, or other

premium price (such as a local, organic, or direct market price, as elected by the

producer.)”

The Senate amendment strikes the same obsolete current law section 196(1)(3).

The Senate amendment also strikes section 196(1)(5), thus making additional

coverage under subsection (1) available permanently. (Section 1601(7))

The Conference substitute adopts the Senate provision. (Section 1601(7))

The Managers recognize that the expiration of the authority to offer additional

coverage (also referred to as NAP buy-up) creates both an administrative burden on the

agency and can cause uncertainty or even limited coverage for producers of crops with

fall or winter sign-up periods. The Managers intend to avoid these issues in the future and

have made permanent the authority for NAP buy-up. The Managers also removed the 30-

day limit before coverage can attach in order to provide more flexibility and allow FSA

to restart NAP buy-up immediately following enactment.

(42) Additional Assistance for Certain Producers – Losses Due to Volcanic Activity

The Senate amendment requires the Secretary, as soon as practicable after

October 1, 2018, under the section 196 related to NAP to make available assistance to

producers of an eligible crop that suffered losses in a county covered by a qualifying

natural disaster declaration for production losses due to volcanic activity. The Secretary

shall make assistance available under in an amount equal to the amount of assistance

determined under section 196(d), less any service fees that are owed by producers under

section 196(k). (Section 1602)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(43) Administration Generally

The House bill continues the expedited rulemaking and other provisions in current

law, with amended section references updated to reflect the House Bill. (Section 1601)

The Senate amendment continues the expedited rulemaking and other provisions

as current law, with amended section references updated to reflect the amendments made

by title I (commodities) and section 10109 (multiple crop and pesticide use survey) of the

Senate Amendment (Section 1701)

The Conference substitute adopts the Senate provision. (Section 1709)

(44) Suspension of Permanent Price Support Authority

The House bill continues the suspension of the same permanent price support

authorities (and related wheat marketing quotas) through 2023, with an amendment.

The House bill amends section 201(a) of the Agricultural Act of 1949 to (1) add

eleven additional commodities to the current list of eleven commodities for which the

Secretary would be required to provide price support in the event that the 1949 Act were

to become effective, including crambe, cottonseed, sesame seed, dry peas, lentils, small

chickpeas, large chickpeas, graded wool, nongraded wool, mohair and peanuts; and (2)

clarify that if price support were to be required under section 201, it would be provided at

a level not less than 75 percent and not greater than 90 percent of the parity price of the

commodity. (Section 1602)

The Senate amendment extends the suspension of permanent price support

authorities through 2023. (Section 1702)

The Conference substitute adopts the Senate provision. (Section 1702)

(45) Payment Limitations

The House bill amends section 1001 of the Food Security Act of 1985 to limit to

$125,000 the total amount of payments a person or a legal entity can receive from PLC or

ARC payments under Subtitle A – (1) for the sum of all covered commodities (except

peanuts); and (2) separately, for peanuts.

The House bill amends the definition of family member to include first cousins,

nieces, and nephews.

The House bill adds a new definition of “qualified pass through entity” to mean “a

partnership (within the meaning of subchapter K of chapter 2 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.”

The House bill amends sections 1001(b) and 1001(c) of the Food Security Act of

1985 to remove marketing loan gains and loan deficiency payments from the limitations

on payments for peanuts under subsection (c) and all other covered commodities under

subsection (b).

The House bill also amends section 1001(f) of the Food Security Act of 1985 to

require the Secretary to apply reductions in PLC or ARC payments due to a sequester

before applying payment limitations under section 1001.

The House bill also amends section 1001(e)(3)(B) of the Food Security Act of

1985 to attribute payments to all qualified pass through entities on the same basis as joint

ventures and general partnerships under current law. (Section 1603)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provisions with amendments to

delete the definition of ‘qualified pass through entity’ and related provisions that would

have attributed payments to all qualified pass through entities on the same basis as joint

ventures and general partnerships. (Section 1703)

(46) Definition of Significant Contribution of Active Personal Management

The Senate amendment amends section 1001 of the Food Security Act of 1985 to

add a new definition for a “significant contribution of active personal management”.

(Section 1704)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(47) Payments Limited to Active Farmers

The Senate amendment amends section 1001A(b) of the Food Security Act of

1985 to require the Secretary to consider not more than 1 person or legal entity per

farming operation to be actively engaged in farming using active personal management,

and to establish detailed criteria for determining when a person may be considered to be

actively engaged in farming using active personal management. (Section 1705)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(48) Adjusted Gross Income Limitation

The House bill amends section 1001D(b)(2) of the Food Security Act of 1985 to

exempt Marketing Loan Gains (MLG) and Loan Deficiency Payments (LDP) from

Adjusted Gross Income (AGI) limitations.

The House bill also amends Section 1001D(b) of the Food Security Act of 1985 to

– (1) provide an exception from the AGI limitation for a qualified pass through entity;

and (2) authorize the Secretary to waive, on a case-by-case basis, the AGI limitation to

protect environmentally sensitive land of special significance. (Section 1604)

The Senate amendment amends section 1001D(b)(1) of the Food Security Act of

1985 to reduce the AGI limitation from $900,000 to $700,000. (Section 1706)

The Conference substitute adopts the House provision with an amendment to

delete the exception for marketing loan gains and loan deficiency payments and for a

qualified pass through entity. The substitute also clarifies that the AGI limitation applies

to conservation benefits under title II of the Agriculture Improvement Act of 2018.

(Section 1704)

(49) Prevention of Deceased Individual Receiving Payments Under Farm Commodity

Programs

The House bill would reenact the current law requirement. (Section 1605)

The Senate amendment contains no comparable provision–current law continues

to apply.

The Conference substitute deletes the House provision.

(50) Assignment of Payments

The House bill would reenact and continue the assignment of payments

provisions in the same manner as current law. (Section 1606)

The Senate amendment contains no comparable provision–current law continues

to apply.

The Conference substitute deletes the House provision.

(51) Tracking of Benefits

The House bill would reenact and continue the tracking of benefits in the same

manner as current law. (Section 1607)

The Senate amendment contains no comparable provision–current law continues

to apply.

The Conference substitute deletes the House provision.

(52) Signature Authority

The House bill would reenact and continue the signature authority of a producer

in the same manner as current law, with a conforming amendment. (Section 1608)

The Senate amendment contains no comparable provision – current law continues

to apply.

The Conference substitute deletes the House provision.

(53) Base Acres Review

The Senate amendment requires the Secretary to review the establishment,

calculation, reallocation, adjustment, and reduction of base acres under Subtitle A of Title

I of the Agricultural Act of 2014, and to report to the House and Senate Agriculture

Committees on the results of the review. (Section 1707)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(54) Farm Service Agency Accountability

The Senate amendment requires the Secretary to establish policies, procedures

and plans to improve program accountability and integrity through activities including

utilizing data mining to identify and reduce errors, waste, fraud, and abuse in Farm

Service Agency programs and to report to the House and Senate Agriculture Committees.

(Section 1708)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

delete some of the prescriptive requirements for the report. (Section 1705)

The Managers intend the report to include a summary of the existing USDA

efforts to eliminate errors, waste, fraud, and abuse, including existing and planned data

sampling and mining activities of FSA, and efforts that involve coordination with other

departments or agencies. The report should include identified weaknesses or program

integrity issues, any plans for action and recommendations for legislative changes to

address errors, waste, fraud, and abuse in FSA programs.

(55) Personal Liability of Producers for Deficiencies

The House bill reenacts and continues provisions regarding the personal liability

of producers for deficiencies in the same manner as current law. (Section 1609)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(56) Technical Corrections

The Senate amendment revises sections 1112(c)(2) and 1614(d) of the

Agricultural Act of 2014 to make 2 technical corrections. (Section 1709(b))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

exclude the modification to section 1614(d). (Section 1102(a))

(57) Implementation

The House bill requires the Secretary to continue to maintain base acres and

payment yields for each covered commodity in the same manner as current law.

The House bill also requires the Secretary to continue to streamline administrative

burdens and costs under the Acreage Crop Reporting and Streamlining Initiative

(ACRSI).

The House bill adds a new requirement that the Secretary shall ensure that no

agent, Approved Insurance Provider (AIP), or employee or contractor of an agency or

AIP, bears responsibility or liability under the ACRSI for the eligibility of a producer for

programs administered by USDA that are not policies or plans of insurance offered under

the Federal Crop Insurance Act except in cases of misrepresentation, fraud, or scheme

and device.

The House bill allows producers an option to remotely and electronically sign

annual contracts.

The House bill requires the Secretary to make $25,000,000 available to the FSA

to implement this title.

The House bill also amends section 1614(d) of the Agricultural Act of 2014 to

extend the loan implementation provisions to the provisions of the Agriculture and

Nutrition Act of 2018. (Section 1610)

The Senate amendment amends section of 1614(b) of the Agricultural Act of 2014

to update the requirements of ACSRI to make available more detailed USDA data across

agencies and accessible via a single department-wide login.

The Senate amendment also amends section 1614 by adding a new requirement

that any USDA commodity program payment obligations that have not been disbursed or

liquidated, and remain outstanding five years after the date on which the payment was

obligated or made available, shall be deobligated and revert to the U.S. Treasury. The

Secretary may delay the date of deobligation in the event of an ongoing appeal or

litigation, settlement of an estate, or where otherwise equitable. (Section 1703)

The Conference substitute adopts the House provision with amendments to allow

crop insurance agents and AIPs access to records necessary for program delivery held by

FSA, include NRCS in coordination and data sharing efforts, provide producers an

opportunity to sign a multi-year contract, reduces the mandatory funding available to the

FSA for implementation to $15.5 million, and to consolidate required reports on the

tillage of native sod. (Section 1706)

The Managers recognize significant progress has been made to implement the

Acreage Crop Reporting Streamlining Initiative (ACRSI) to allow for sharing of producer

information across common fields in FSA and RMA data collection. The Managers

would note that the goal of one-stop reporting for producers at either RMA or FSA has

yet to be realized, additionally widespread acceptance of geospatial data has not been

achieved. The Managers expect the Undersecretary for Farm Production and

Conservation (FPAC) to make acceptance of geospatial data a priority for the next phase

of improvements to ACRSI, as well as begin the process of integrating data from the

Natural Resource Conservation Service (NRCS) to allow for the seamless transfer of

producers’ information across the agencies within the FPAC mission area.

The Managers encourage FSA to add temporary refrigerated beehive storage

facility to the list of eligible uses for the Farm Storage Facility Loan Program, in order to

help beekeepers more effectively fight mites and CCD.

The Managers note that the reports on tillage of native sod and the cropland report

were consolidated in section 1614(f) of the Agricultural Act of 2014, as added by section

1706(f) in Title 1 of this bill. The Managers expect FSA and RMA to coordinate on

completing this report, and to provide data similar to that provided in the previous

separate reports to allow a comparison over time in addition to any new information.

(58) Exemption from Certain Reporting Requirements for Certain Producers

The House bill exempts producers who participate in any conservation or

commodity program, or who are eligible for indemnity or compensation payments, from

the same reporting requirements as under section 1244(m), with respect to assistance

received through NRCS, APHIS, or FSA.

The House bill strikes current law section 1244(m). (Sections 1611 and 2503(1))

The Senate amendment amends current law section 1244(m) to add producers

participating in commodity programs through FSA to the exemption from the reporting

requirements. (Section 2503(d))

The Conference substitute adopts the House provision with amendments to clarify

the term ‘‘exempted producer’’ means an individual or entity that is eligible to participate

in a conservation program under title II of the Agriculture Improvement Act of 2018 or a

law amended by title II; an indemnity or disease control program under the Animal

Health Protection Act (7 U.S.C. 8301 et seq.) or the Plant Protection Act (7 U.S.C. 7701

et seq.); or a commodity program under title I of the Agricultural Act of 2014 (7 U.S.C.

9011 et seq.), excluding the assistance provided to users of cotton under sections 1207(c)

and 1208 of that Act (7 U.S.C. 9037(c), 9038). (Section 1707)

Title II– Conservation

(1) Extension and enrollment requirements of conservation reserve program

The House bill amends the Food Security Act of 1985 (the “’85 Act”) to cap

Conservation Reserve Program (“CRP”) enrollment at 25 million acres for FY 2019, 26

million acres for FY 2020, 27 million acres for FY 2021, 28 million acres for FY 2022,

and 29 million acres for FY 2023. It requires the Secretary of Agriculture (the

“Secretary”) to enroll a minimum of 3 million acres of grassland by the end of FY 2023

and sets maintenance goals for each of those fiscal years. It requires the Secretary to

reserve remaining acres for a fiscal year when the grassland 3 million acre or the

applicable maintenance goal is not reached. The bill requires the Secretary to hold a

signup for contracts not available on a continuous basis at least once every other year. It

also directs the Secretary to enroll and maintain acreage in accordance with historical

State enrollment rates. It maintains current law regarding the general contract duration,

strikes the special rule for certain land (owner specified duration), and sets certain

continuous contract duration at 15 or 30 years. The bill caps land to one reenrollment if it

is devoted to hardwood tress. (Section 2201)

The Senate amendment strikes the previous farm bill reference and inserts the

new 2018 short title. It also caps enrollment at 25 million acres for each of fiscal years

2019 through 2023. It reauthorizes the 2-million-acre limitation regarding grassland

enrollment through FY 2023. It authorizes a new clean water initiative and the State

Acres for Wildlife Enhancement Program. (Section 2101)

The Conference substitute adopts the House provision with an amendment. The

overall acreage limit is increased to 27 million by FY 2023, including 8.6 million acres to

be devoted to continuous practices, and 2 million for grasslands. Contract lengths will be

between 10 and 15 years, after which the land is eligible for reenrollment, with some

exceptions. A proportional, historic State acreage allocation was included for a portion

of the acres available for enrollment. The Conference substitute adopts the House

provision with amendments to continuous enrollment procedure and eligibility, including

making certain water quality practices eligible. (Section 2201)

The Managers codify the Clean Lakes, Estuaries, and Rivers Initiative

(“CLEAR”) in order to guarantee that it remains a priority in CRP. The Managers expect

the Farm Service Agency (“FSA”) to target CLEAR practices in high priority watersheds

where they will maximize environmental benefits. The Managers expect that at least 40

percent of continuous CRP acres will be devoted to CLEAR. The Managers expect

USDA to take greater steps to report on the water quality benefits from these practices

through the annual report.

The Managers recognize the benefits of native vegetation to improve water and

air quality and enhance soil health. By encouraging the adoption of native vegetation

seed blends, USDA programs are supporting habitat restoration for the northern

bobwhite, lesser prairie-chicken, greater sage-grouse, other upland game birds, songbirds,

monarch butterflies and pollinators. The Managers encourage the use of native vegetation

where practicable.

(2) Farmable wetland program

The House bill amends the ’85 Act to strike the buffer acreage authority for

certain land that enhances a wildlife benefit in terms of upland to wetland ratios. It caps

overall program acreage at 500,000 acres. It also directs the Secretary to also consider the

submission of bids in the method of determination when looking at these offers and

amounts of rental payments. (Section 2202)

The Senate amendment extends the reauthorization through FY 2023. (Section

2102)

The Conference substitute adopts the Senate provision. (Section 2203)

(3) Duties of owners and operators

The House bill authorizes management to include the use of grazing for limited

purpose of management. It authorizes thinning and other practices for certain purposes

on land devoted to hardwood or other trees. It clarifies the conservation plan will set

forth commercial use of enrolled lands. (Section 2203)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 2205)

(4) Duties of the Secretary

The House bill authorizes the Secretary to make rental payments. It expands

opportunities for haying, grazing, and other management tools. It limits haying to no

more frequently than that once in every three years with certain parameters. The bill

further allows for intermittent or seasonal vegetative buffer practices incidental to

production activity on adjacent land, and for program acres to be eligible for grazing

when livestock assistance program is engaged because of drought. The bill gives the

Secretary discretion to waive planned mid-contract management requirements in

response to a natural disaster or adverse weather it results in the same effect on the cover

as planned management activity. (Section 2204)

The Senate amendment authorizes cost-share for fencing and other water

distribution practices. It provides for managed harvesting, grazing, and other commercial

use, consistent with the conservation of soil, water quality and wildlife habitat,

management, in exchange for a reduction in the annual rental rate of 25 percent. It also

provides certain disaster designation authority to States. (Section 2103)

The Conference substitute adopts the House provision with amendments.

Conservation practices cost-share and soil rental rate payments are authorized, as well as

haying and grazing, with conditions. Natural disasters may fulfill contractual land

management requirements imposing conditions on haying and grazing, including

restricting it to non-primary wildlife nesting season. (Section 2206)

The Managers provide greater flexibility for haying and grazing on acres enrolled

in CRP, with appropriate protections to maintain the conservation and wildlife value.

The Managers direct the Secretary to allow for these specified activities on both general

and continuous acres, including on acres enrolled in practices like CP-25 rare and

declining bird habitat.

Similar to current USDA practice, the Managers intend to provide flexibility to

allow haying, grazing or other use of forage under section 1233(b)(1)(B) with appropriate

safeguards under section 1233(b)(1)(A) or section 1233(b)(2) of the Food Security Act of

1985. The Managers also recognize that the impact of haying on some species of wildlife

and habitat quality may be more significant than grazing (which can be adjusted through

limits on the stocking rate) and therefore intend the FSA to have discretion to set more

stringent limitations on haying and under what circumstances haying is allowed.

Specifically as part of the authority for the Secretary to allow emergency haying, grazing

or other emergency use of forage outside the primary nesting season (section

1233(b)(1)(B)(i)(I)(aa)), the Managers intend for FSA to maintain the current procedures

where the respective county committees have the ability to request such authorization

from the respective state FSA committee when any part of the county is designated as a

level "D2 Drought - Severe" or worse according to the U.S. Drought Monitor.

(5) Payments

The House bill directs the Secretary to pay not more than 40 percent cost-share

and limits cost share for seed of cover. It caps incentive payments for installing practices

and prohibits a cost share payment for mid-contract management. It authorizes forest

management payments, and limits payments to not more than 100 percent of the total

cost. It directs the Secretary to consider the impact on local farmland rental markets

when determining annual rental payments. It directs the Secretary to limit rental

payments for initial enrollment to not more than 80 percent of the estimated average

county rental rate. It also directs the Secretary to limit payments for subsequent re-

enrollments. It increases the frequency of the rental rate estimate survey from every

other year to be published by September 15 each year. The bill directs the Secretary to

use estimates derived from the survey to determine these rental rates. It limits CREP

rental payments to States to no more than 50 percent of the cost of activities. (Section

2205)

The Senate amendment authorizes incentive payments for continuous enrollment

contracts under certain circumstances based upon prices for major covered commodities.

It directs the Secretary to prioritize the enrollment of marginal and environmentally

sensitive land when considering offers. The amendment adds a rental rate limitation of

88.5 percent. It strikes paragraph (2) of subsection (g) and replaces it with an exemption

for payments received by rural water districts or association for lands enrolled for the

purpose of protecting a wellhead and conforms subsection (g) to the new paragraph (2).

(Section 2104)

The Conference substitute adopts the House provision with amendments that limit

practice cost-share payments to actual cost of practice installation, and 50 percent for the

cost of seed. Soil rental rates for general and continuous enrollment are limited to 85

percent and 90 percent of the county average, respectively, with secretarial requirement

to account for potential impact on local farmland rental market. Incentive payments for

continuous practices and forest management are also authorized. It amends the rental rate

calculation methods for reenrolled land, to allow for state and Conservation Reserve

Enhancement Program (“CREP”) partner input, and to maintain incentives for specific

practices or areas like wellhead protection zones. (Section 2207)

The Managers recognize that rental rates vary significantly across the different

production regions of the country. The Managers direct USDA to use average rental

rates that are more reflective of local rental rates, including offering the opportunity for

State FSA and CREP partners to recommend alternative rates with supporting

information. The impact of reducing the rental rates in CRP may be greater on dryland

production areas where soil conservation is a significant resource concern. The

Managers encourage USDA to work with producers to address soil conservation concerns

in semi-arid production regions.

The Managers increased CRP’s annual enrollment acreage cap and reduced the

soil rental rate limits in hopes that CRP will more accurately serve one of its fundamental

purposes: retiring the most sensitive lands without competing with local farmland rental

markets (which may preclude some farmers from having access to prime farmland). By

incorporating changes in the program that are more market-based, the Managers are

hopeful that highly productive land will not be taken out of production while remaining

affordable for those who wish to utilize it for production agriculture.

Furthermore, the Managers are concerned that the complexity and expenses

associated with seed mixes under CRP have led to frustration on the part of landowners, a

waste of taxpayer dollars, and in some cases inferior cover on the ground if the mix fails

to take root. The Managers hope that USDA will consider the hardiness and suitability of

seed mixtures when recommending multiple species blends, and consider seed mixtures

that contain fewer, hardier species and provide adequate cover for wildlife and pollinators

on sites where cover is difficult to establish or maintain.

The Managers maintained continuous enrollment and incentives for continuous

practices, including signing incentives, incentives to provide additional cost-share, and

those related to specific practices, such as buffers, and wellhead areas, for certain high

conservation value practices. These continuous practices are typically smaller, more

targeted, and implemented only on parts of fields or farms with higher practice

establishment costs, which often require higher payment rates.

(6) Conservation reserve enhancement program

The Senate amendment authorizes CREP in the ’85 Act, which applies to not less

than 20 percent of continuous acres. The Secretary is required to provide cost share

payments as components are completed. The Secretary is also required to make incentive

payments for a program that includes riparian buffers, but not to exceed 100 percent of

the management cost. (Section 2105)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments limiting

eligible partners and requiring a 30 percent minimum contribution from nongovernmental

organizations. CREP is expressly authorized, including drought and water conservation

agreements to address regional drought concerns. (Section 2202)

The Managers encourage USDA to continue the enrollment of acres in CREP in

all regions of the country. The Managers incentivize more enrollment of riparian buffers,

including forested riparian buffers, in CREP by authorizing the Secretary to make-cost

share payments for forested riparian buffer maintenance throughout the length of the

agreement and to cover up to 100 percent of the cost incurred by the owner or operator.

The Managers build upon past provisions that increase flexibility for harvesting

and grazing within CRP by authorizing harvesting of products from food-producing

woody plants on forested riparian buffers, provided that conservation benefits are

maintained and only native plants are planted within 35 feet of the watercourse. The

Managers expect USDA to make cost-share payments for installing stream fencing,

crossings, and alternative water development on marginal pastureland to reflect the fair

market value of the cost of installation.

(7) Contracts

The House bill amends the authority to allow a 1-time early termination in fiscal

year 2019. It authorizes a transition option to beginning farmers and ranchers to prepare

land for crop use, to provide extended time certification under OFPA, and directs the

Secretary to provide technical and financial assistance to carry out plan requirements.

(Section 2206)

The Senate amendment strikes early termination authority. It authorizes a

transition option from contract holders beginning 2 years before termination of the

contract, includes short-term leases in the transition authority, provides for certain new

priorities and provides for reenrollment for grasslands. It provides an authority for owner

or operator election relating to easements. (Section 2106)

The Conference substitute adopts the House provision, with an amendment to

maintain the current law transition option into the Conservation Stewardship Program

(“CSP”). It reauthorizes a transition option for land that will be prepared for organic

production or enrolled in CSP or the Environmental Quality Incentives Program

(“EQIP”). Land under contract may simultaneously be enrolled in the Agricultural

Conservation Easement Program (“ACEP”). (Section 2204)

(8) Conservation reserve easements

The Senate Amendment defines terms, makes requirements for the agreement

between the owner and the Secretary, sets out the terms and conditions of the easement,

addresses violations of the easement, and authorizes compatible economic uses in certain

circumstances. (Section 2107)

The House bill contains no comparable provision.

The Conference substitute accepts the Senate provision with amendment to

change the easement authority to a pilot program for 30 year contracts for Clean Lakes

Estuaries and Rivers (CLEAR) practices and to include a Soil Health and Income

Protection Pilot Program. (Section 2204)

The Managers require FSA to carry out a pilot to incentivize the use of 30-year

contracts for the water quality practices authorized through the CLEAR initiative. The

Managers would like producers to be given the opportunity to enroll in and capitalize on

the benefits of longer-term contracts beyond the traditional 10-year contract, while

simultaneously maximizing environmental benefits associated with the CRP. The

Managers intend for this pilot to serve as a tool for measuring demand for longer-term

CRP contracts and to provide insights into the conservation benefits associated with long-

term contracts.

(9) Eligible land; State law requirements

The Senate amendment directs the Secretary, in consultation with the State

technical committee, to make certain land eligible for enrollment through regulation.

(Section 2108)

The House bill contains no comparable provision.

The Conference substitute accepts the Senate amendment with an amendment to

limit the provision to partnerships established before 2014. (Section 2209)

(10) Definitions

The Senate amendment amends the definitions used in Subchapter B, the

Conservation Stewardship Program, by adding more “conservation activities” and

amends the definition of “stewardship threshold” to direct the Secretary to use certain

criteria, tools or models, data and other methods. (Section 2201)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with technical changes.

(Section 2308)

(11) Establishment

The Senate amendment extends the authority through FY 2023 and amends the

conversion provision to precede enactment of the 2018 farm bill. (Section 2202)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with technical changes.

(Section 2308)

(12) Stewardship contracts

The Senate amendment requires environmental benefits be part of the

measurement concept for types of performance. It authorizes contract renewals and

requires for renewals a higher level of performance with respect to 2 existing priority

resource concerns in the initial contract. (Section 2203)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with technical changes.

(Section 2308)

The Managers direct the NRCS to ensure that existing and future CSP participants

are given the opportunity to renew expiring contracts before their original 5-year contract

is set to expire. Given that expiring contracts will no longer be eligible for automatic

renewals and instead must compete within the same pool as applicants applying for a new

contract, the Managers direct NRCS to ensure that the renewal process begins at the

beginning of the fifth year of the original contract so that contracts are re-enrolled before

they expire. The Managers expect USDA to rank the renewal offers according to the

same two primary ranking criteria used for new contracts, in addition to including the

results from previous contracts.

(13) Duties of Secretary

The Senate amendment changes the annual program enrollment to 8.797 million

acres each fiscal year. It directs the Secretary to manage the program to achieve a

national average payment rate. It authorizes payments for cover crop activities and

advanced grazing management. It authorizes a 1-time payment to a producer for

comprehensive conservation plan. The amendment authorizes the Secretary to allocate

State funding for organic and transition to organic production. It requires the Secretary,

to the maximum extent feasible, to manage the program to enhance soil health. (Section

2204)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with an amendment to

strike the annual acreage allocation and the national average payment rate. (Section

2308)

The Managers removed the acre-based funding method and the $18 per acre

national average payment rate for CSP. The Managers intend this change to give NRCS

greater flexibility in administering the program to maximize the Federal investment to

achieve higher conservation benefits. This change should allow NRCS to further the

locally-led mission of addressing local concerns by allowing greater investment in local

priorities. The Managers intend for NRCS to limit contract offers that have an

exceptionally high per-acre or per-unit cost or that score lower for addressing applicable

priority resource concerns.

The Managers support USDA recognizing the use of innovative technology such

as enhanced efficiency fertilizers. Enhanced efficiency fertilizers, which reduce nitrate

losses to the environment, help protect water quality, and reduce greenhouse gas

emissions, include slow- and controlled-release fertilizers (absorbed, coated, occluded or

reacted) and stabilized nitrogen fertilizers (nitrification inhibitors and nitrogen

stabilizers). These tools are recognized in USDA’s conservation standards and

specifications for nutrient management and related practices and by State regulators of

fertilizers.

The Managers intend for USDA to provide program resources for the

development of a comprehensive conservation plan. The Managers intend that payments

for these plans can be prorated over the life of the 5 year contract or paid in full the year

it is completed. The Managers intend for the plan to be implemented in a subsequent

CSP contract or through a different conservation program, like EQIP.

When determining State funding allocations under CSP for organics, the

Managers intend for USDA to take into account the number of certified organic and

transitioning to organic operations and the number of acres in certified organic and

transitioning to organic production in a State. Both criteria are important to ensure that

States with smaller organic operations can compete fairly for funding with States with

larger organic operations.

The Managers intend for USDA to encourage States to give higher consideration

to contracts that include conservation activities to improve soil health, where this

consideration is appropriate and in line with local conservation priorities. This can take

the form of higher-ranking points or other similar prioritization of soil health in producer

applications.

The Managers direct NRCS to report on the payment rates for conservation

activities offered under CSP in each fiscal year and analyze whether payment rates can be

reduced for the most expensive conservation activities. The Managers encourage NRCS

to evaluate payment rates to determine the most impactful utilization of limited program

dollars.

(14) Purposes

The Senate amendment adds adaption and mitigation regarding weather volatility

to the practices that sustain food and fiber production in program purposes. It also

authorizes new program purpose authority regarding producer assistance to address new

or expected resource concerns, including crops and drought resistant measures. (Section

2301)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification

regarding the program’s purpose of assisting producers. (Section 2302)

The Managers added the modifiers “identified or expected” to resource concerns

to help ensure that animal agriculture producers who do not yet have livestock in their

facility, but have a contract for the animals to be delivered within a reasonable timeframe,

may apply for and be eligible for EQIP.

(15) Definitions

The House bill adds the following new inclusions to the term “practice”:

conservation activities, precision conservation, management planning, and the use of

cover crops and resource conserving crop rotations. It defines the term “priority resource

concern” and the term “stewardship practice”. (Section 2301)

The Senate amendment defines the term “conservation planning survey”. It adds

an inclusion to the definition of “eligible land”. It amends the concept of other

agricultural land in the definition of the term “eligible land” to include “identified or

expected” resource concerns. The amendment adds 2 new inclusions to the term

“practice” improvements. It adds new inclusions to the term “practice” conservation

activities. It adds a definition of the term “producer”. (Section 2302)

The Conference substitute adopts the Senate amendment with modifications,

defining the terms conservation planning assessment, incentive practice, priority resource

concern, soil remediation and soil testing and amending the definition of eligible land.

(Section 2303)

The Managers expand eligible land inclusions for EQIP to environmentally

sensitive areas. The Managers intend for these areas to be limited to associated

agricultural land with natural resource concerns, such as road-stream crossings that a

producer would use to access a field. These areas may include land that producers use as

part of their normal agricultural operation, but is not limited to land in active agricultural

production where the natural resource concern exists. Many of these areas are considered

eligible by NRCS today, but by including it in statute the Managers intend for this to be

implemented uniformly in all States.

The Managers recognize that by providing assistance to producers to improve soil

health on eligible land it may be necessary to provide targeted assistance to test not only

the biological and physiological health of the soil, but also to test for contaminants,

including heavy metals, volatile organic compounds, and polycyclic aromatic

hydrocarbons. Not only should the Secretary provide funding to cover the cost for this

category of targeted soil testing covered under section 1240A, but funding should also be

provided for conducting scientifically based soil remediation practices to be carried out

by the producer. The Managers do not intend for the Secretary to provide assistance that

would be covered under services provided through the Brownfields Program at the

Environmental Protection Agency (EPA), but do intend that the Secretary provide an

assessment of soil testing, as well as recommendations and technical assistance (as

covered under section 1242), to improve overall quality and health of soil by removing

potential contaminants. In the event that the expertise for making this assistance is not

available at a local or regional level, the Secretary may draw upon outside expertise

and/or provide training to agency staff so that they may provide assistance and customer

service to producers.

The Managers direct the Secretary to conduct education and outreach to producers

regarding the uses of soil and methods of addressing soil contamination and soil health

degradation. This outreach may include the sharing of current information regarding soil

testing protocols made available by the EPA Administrator. Furthermore, on the request

of a producer, where soil is found to pose an imminent hazard to human or animal health,

the Secretary may refer the producer to the EPA for additional assistance for remediation

under section 104(k) of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9604(k)).

(16) Establishment and administration

The House bill authorizes a wildlife carveout at 5 percent for each of FYs 2019

through 2023. It amends the availability of payments for water conservation or irrigation

efficiency practice and the list types of practices available for water conservation and

irrigation efficiency. It makes amendments to priorities for payments for water reduction

and cost-shared practices. It authorizes a new authority for stewardship contracts.

(Section 2302)

The Senate amendment authorizes additional term authority for wildlife practices.

It makes amendments to the advance payment authority. The amendment authorizes

review and guidance for cost share rates, conservation practice standards. The

amendment authorizes an increase payment for high-priority practices. It decreases the

livestock carveout from 60 percent to 50 percent, including for grazing management

practices, and increases the wildlife carveout from 5 percent to 10 percent. The

amendment allows the Secretary to provide water conservation and system efficiency

payments. It amends organic production payment limits to $160,000 during FY 2019

through FY 2023. It authorizes a micro-EQIP pilot program. (Section 2303)

The Conference substitute adopts the Senate amendment with several

modifications. The amendment moves section 2303(2) of the Senate amendment, to

section 2304(d) of this bill. It modifies the Senate provision on advanced payments for

beginning farmers by striking the opt out concept, amending it to be an assurance of

notification to producers. It also moves the cost-share provision and practice standards

provisions to section 1241 of the ’85 Act. It also moves high-priority practices to section

2304 of the substitute. The amendment includes the Senate provision on irrigation,

livestock carve-out and wildlife carve-out, and the House authority on stewardship

contracts with a technical amendment, but modifies the payment limit provision, and does

not include the Micro-EQIP pilot program. (Section 2304)

The Managers believe that conservation practices adopted solely for the benefit of

wildlife should be fostered with contracts of maximum length allowed by law. Wildlife

practices often diminish agronomic value on working agricultural lands because they

have real implementation costs and increase operational risks by reducing yield. These

practices are therefore highly unlikely to be sustained by farmers without longer-term,

incentives-based partnerships with NRCS. In taking this action to encourage longer-term

contracts, the Managers intend that contracts for the benefit of wildlife should not be

limited by previous agency interpretation limiting the length or term of these contracts to

three years or any other term less than 10 years.

The Managers authorize the Secretary to enter into expedited contracting

arrangements to deliver EQIP surface and groundwater cost-share assistance for both on

and off farm conservation measures. The Managers provide that the expedited cost-share

assistance authorized by this drought authority is specifically limited by project type, and

shall only be made available by the Secretary for a watershed-wide project that will

effectively conserve water, provide fish or wildlife habitat, or provide for drought-related

environmental mitigation. The Managers further direct the Secretary to prioritize

assistance provided under this authority to producers participating in efforts to stabilize

water resources of state or regional significance, and to prioritize cost-share practices

which improve agricultural drought resiliency and productivity. In order to ensure that

EQIP cost-share assistance made available under this provision does not disadvantage

other regions and conservation concerns, the Managers specifically state that the

Secretary is not authorized to modify the process for determining the annual allocation of

EQIP funding to States. Rather these efforts should be addressed within each State’s

locally led priorities with input from State Technical Committees. Furthermore, the

Managers intend that the AGI waiver authority made available under this provision apply

only to the eligible entity, not to individual producers.

The Managers recognize the broad and significant role of EQIP in promoting

environmental stewardship. In addressing water quality as a resource concern, the

Committee believes that conservation programs should prioritize funding for producers

implementing fertilizer management practices that incorporate the use of the right

fertilizer source, the right rate (amount of fertilizer), the right placement of fertilizer

(including precision application) and the right timing of fertilizer applications (making

the nutrients available when the crop needs them). These practices are recognized by the

USDA–NRCS Nutrient Management Standard (590) and have been proven to help

producers optimize production potential and protect the environment.

The Managers intend that conservation programs should recognize the use of

innovative technology, such as enhanced efficiency fertilizers (including slow and

controlled-release fertilizers, stabilized nitrogen fertilizers). This innovative technology

can help producers to protect water quality and reduce greenhouse emissions. In the case

of EQIP applications involving manure-to-energy projects, the Managers encourage the

Secretary to consider whether the projects include an integrative approach to addressing

nutrient management and water quality issues.

The Managers make changes to the advance payment option under EQIP by

requiring notification of an advance payment option to beginning, limited resource, and

socially disadvantaged producers. The Managers recognize that the historic low

utilization rate by these groups is likely due to challenges with implementation and

outreach, rather than lack of interest. Advance payments should be timed so that the 90

day period to expend all funds commences at the time practice installation begins. The

Managers encourage USDA to explore options to provide assistance to small-scale and

limited resource agricultural producers to access EQIP to address natural resource

concerns.

The Managers believe that states should increase EQIP incentives for those

practices which are especially effective at addressing local or regionalized priority

resource concerns. The Managers intend for the increased incentives to promote further

adoption of these highly beneficial practices by producers in high priority watersheds.

The Managers intend that increased payments to producers under this provision shall not

exceed 90 percent of costs, even in the case of producers who would otherwise qualify

for increased payments.

The Managers direct the Secretary to ensure conservation practice standards

reflect the use of integrated irrigation and nutrient management technologies, such as

micro-irrigation systems (e.g., drip irrigation). Such technology, in addition to providing

increased water efficiency, can be used to distribute fertilizers and other nutrients directly

to plant roots, improve soil health, both water quantity and quality, and reduce nutrient

runoff. In the case of EQIP applications involving irrigation projects, the Managers

encourage the Secretary to consider whether the projects include an integrative approach

to addressing nutrient management and water efficiency issues.

The Managers intend for the new incentive contracts to be available to producers

for not less than five years, but no more than 10 years to receive annual and cost-share

payments for adoption, installation, required management and maintenance of incentive

practices that attain increased natural resource levels of conservation on the applicable

portion of the farm, ranch or forest as determined by the producer. The Managers

anticipate incentive practices with broad resource benefits (including, but not limited to,

cover crops, transition to resource conserving crop rotations, and incorporation of

precision agriculture technologies into agriculture operations) will be available to

producers within the program. Similarly, a broad suite of incentive practices relating to

grazing lands and forest lands will be available to incentivize increased levels of

conservation around locally-established resource priorities.

(17) Evaluation of application

The Senate amendment authorizes application priority for the consideration of the

most effective practices to address natural resource concerns. (Section 2304)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification,

moving the priority to section 2503 of the substitute, as an implementation provision.

(Section 2503)

(18) Duties of the Secretary

The Senate amendment authorizes the Secretary, to the maximum extent feasible,

to streamline and coordinate between the EQIP plan and CSP and manage the program

for soil health. (Section 2305)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment in section 2304 of the

Conference substitute. (Section 2308)

(19) Environmental quality incentives program plan

The Senate amendment amends the requirement for a CAFO plan of operation to

include “progressive” implementation. (Section 2306)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2305)

The Managers intend for the Comprehensive Nutrient Management Plan

(“CNMP”) to remain a comprehensive and whole farm plan. However, during a

particular EQIP contract period, it is not necessary for an existing facility with a CNMP

to achieve every aspect of the CNMP all at once if doing so would be practically or

economically infeasible. In such instances, progressive implementation should include

an appropriate and realistic timeframe for the remaining implementation factors after the

end of the contract period, including, if warranted, with additional EQIP assistance.

(20) Conservation innovation grants and payments

The House bill caps conservation innovation grants at not more than $25 million

for each of FYs 2019 through 2023 and increases air quality funding at $37.5 million for

each of FYs 2019 through 2023. The amendment also includes new on farm

conservation innovation trials. (Section 2304)

The Senate amendment authorizes new program uses. It reauthorizes the funding

provision through fiscal year 2023. (Section 2308).

The Conference substitute adopts the House provision with amendment. The

modifications include a provision specific to community colleges and an authorization of

partnerships with farmers for certain innovative conservation practices, as well as edge-

of-field, emerging agricultural practices, and other monitoring practices. The substitute

does not include the House cap on conservation innovation grant funds. The amendment

includes a soil health demonstration trial within the authority for On-Farm Conservation

Innovation Trials. (Section 2307)

The Managers intend for the conservation innovation grants to promote

innovative conservation approaches that increase green space, pollinator habitat,

stormwater management, carbon sequestration, and access to agricultural production sites

through land tenure agreements and other contracts.

The Managers believe that conservation innovation and technological

advancement should be farmer-centric and support experimentation by farmers. It should

harness leading-edge technology and data science while also leveraging private expertise

and capital. Producers are also reluctant to introduce new conservation practices across

the entire farming operation without first testing how they work in practice. Current law

has focused on innovation of practices but not enough on testing and adoption at field

scale in partnership with farmers. An important component of innovation trials is

involving the private sector and the Managers intend commercial entities to work

together with NRCS to test and prove new conservation practices.

The Managers intend that innovation trials take place on a variety of operations

that reflect the diversity of producers and natural resource concerns present across the

United States, and that payments be made to producers across a range of operation sizes.

Included in the innovation trials is a Soil Health Demonstration Trial, which USDA

should implement by drawing upon the expertise and resources of outside partners

(including commodity groups and producers) to mirror and build upon existing soil health

projects.

Furthermore, the Managers intend that the conservation practice database be a

publicly available and continuously updated resource that informs the public on USDA

conservation practice standards and contributes to the conservation efforts of partners and

producers in the agricultural community.

The Managers intend for the Secretary to ensure all producers in the innovation

trials meet EQIP eligibility requirements before participation in the program. The explicit

statutory language requiring the Secretary to enforce adjusted gross income requirements

for producers shall not preclude or impact enforcement of these requirements in other

conservation programs.

(21) Soil health demonstration pilot project

The Senate amendment authorizes a soil health demonstration pilot project that

includes financial incentives for producers in appropriate geographic regions, including at

least 1 drought prone region, and establishes protocols for measuring gains in soil health.

The amendment also authorizes a study on soil health and economic outcomes, report to

Congress and provides $15 million annually through fiscal year 2023 to carry out the

pilot. (Section 2309)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications

within the authority for On-Farm Conservation Innovation Trials. (Section 2307)

(22) Wetland conservation

The House bill requires the Secretary to identify regulatory categorical

exemptions within 180 days of enactment of the 2018 farm bill as it relates to the

minimal effects exemption. It further provides $10 million in mandatory funds for

wetlands mitigation banking beginning in FY 2019, which funds shall remain available

until expended. It also authorizes appropriations of $5 million for each of FYs 2019

through 2023. (Sections 2101 and 2102)

The Senate amendment requires that the requisite on-site inspection occur in the

presence of the affected person, as long as they are available for such inspection. It

clarifies that no person shall become ineligible if the Secretary determines an exemption

under section 1222(b) of the ’85 Act applies to that person. It directs the Secretary, within

1 year, to identify categorical minimal effect exemptions in compliance with certain laws

and regulations and in consultation with particular groups. The amendment eliminates

mandatory funding for mitigation banking and instead authorizes $5 million in

appropriations for each of fiscal years 2019 through 2023. (Sections 2401, 2412, and

2413)

The Conference substitute adopts the Senate amendment to section 1221(d) of the

’85 Act with a modification to the authority for on-site visits without the affected person

present. The substitute also deletes the House and Senate provisions on minimal effects

under 1222(d). (Sections 2101 and 2102)

(23) Conservation security program

The House bill repeals the conservation security program and conservation

stewardship program authorities. It clarifies that the amendment does not have an impact

on existing contracts. It also prohibits the Secretary from renewing existing contracts.

(Section 2801)

The Senate amendment repeals subchapter A of chapter 2 of subtitle D of the ’85

Act. (Section 2402)

The Conference substitute repeals both conservation programs and establishes the

subchapter B of chapter 2 authority in subchapter B of chapter 4 of the ’85 Act. It also

provides transition authority, monetizes the acreage cap, and establishes the Grasslands

Incentive Program. (Sections 2301 and 2308)

With the combination of CSP and EQIP under Chapter 4, the Managers intend for

the Secretary to implement the programs in coordination with each other while also

maintaining each subchapter as a separate and distinguishable program with a distinct

purpose. The Managers intend for USDA to continue to seek applications and enroll

producers in both EQIP and CSP each year, and to promote both programs equally

among producers.

This reorganization of programs provides an opportunity to streamline procedures

for both programs so that they complement each other and provide a better customer

service experience for producers, while maximizing the conservation potential of this

chapter. Streamlining efforts for these programs should include applications, contracting,

conservation planning, conservation practices, and related administrative procedures.

The Managers encourage USDA to provide outreach and technical assistance to

producers to assist them in resolving priority resource concerns through adaptive

management and continual improvement through both programs.

The Managers intend for CSP and EQIP under Chapter 4 to provide flexibility at

the local level to address issues for all production systems, especially those in semi-arid

areas where there is a need for practices to increase water savings and climate resiliency.

For example, wheat growers need to be able to access the program through conservation

practices that are specific to local production needs and that includes areas with lower

rainfall. The Managers believe USDA should provide appropriate conservation practice

and enhancement options for producers that focus on drought mitigation and dryland

agriculture. The Managers also believe USDA should also provide assistance at varying

levels of conservation performance, to enable all producers to access conservation

assistance.

The Conference substitute establishes a new Grassland Conservation Initiative

within Subchapter B of the Conservation Stewardship Program. The Managers require

USDA to establish this initiative beginning in fiscal year 2019 and intend the first

opportunity to enroll be provided in fiscal year 2019 to eligible land on a voluntary basis.

The Managers expect that additional enrollments also be offered in each subsequent fiscal

year at a time determined appropriate by the Department. Regardless of the fiscal year,

eligible land, as defined, shall be enrolled only once in the program. The Managers

expect FSA and NRCS to work concurrently to identify and provide program information

to producers who have eligible acres to enroll in the program. The Grassland

Conservation Initiative establishes a statutory $18 per acre payment rate and payments

shall be made on an annual basis. The Managers do not intend for the Grassland

Conservation Initiative to be administered in the same exact manner as CSP and have

established separate program requirements. The Managers do not intend to require that

the eligible land enrolled has to be in grass at the time of enrollment or maintained as

grass for the life of the contract for purposes of addressing a resource concern. The

Managers do not intend for the grassland contracts to be subject to CSP payment limits.

The Managers provide an early termination of the contract at any time without penalty to

the producer, and all land enrolled during a crop year shall be planted or considered

planted to an agricultural commodity during that crop year.

(24) Conservation of private grazing land

The Senate amendment adds authority for partnerships. (Section 2403)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2404)

(25) Soil health and income protection program

The Senate amendment authorizes the soil health and income protection program

to assist landowners with conserving and improving soil, water and wildlife resources. It

allows agreements entered under this program to be for 3, 4, or 5 years. Provides an

authorization of appropriations to carry out this program. (Section 2404)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification

authorizing a pilot program in the Conservation Reserve Program. (Section 2204)

(26) Grassroots source water protection program

The House bill extends this authority through FY 2023. It authorizes $5 million in

mandatory funding beginning in FY 2019, to remain available until expended. (Section

2402)

The Senate amendment authorizes $25 million in appropriations for each of fiscal

years 2019 through 2023. (Section 2405)

The Conference substitute adopts the House provision. (Section 2405)

(27) Soil testing and remediation assistance

The Senate amendment authorizes soil testing and remediation assistance. It

requires the Secretary to work with producers to mitigate the presence of contaminants in

soil, including by establishing a soil testing protocol, providing technical assistance for

testing and remediation, education, outreach. It also authorizes a referral to the

Environmental Protection Agency if necessary for additional remediation assistance.

(Section 2406)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications,

including to the definition of “practice” under EQIP authorities. (Section 2303)

(28) Voluntary public access and habitat incentive program

The House bill authorizes $50 million in mandatory funding for the period of FY

2019 through 2023. (Section 2403)

The Senate amendment merges the conservation innovation grant authority with

the voluntary public access and habitat incentive program authority. It authorizes $40

million of mandatory funding from Chapter 5 of the ’85 Act for the period of FY 2019

through 2023 towards the voluntary public access and habitat incentive program. (Section

2407)

The Conference substitute adopts the House provision. It simplifies the current

grant application process, increases funding in response to increased popularity, and

includes additional incentives intended to encourage owners of private land to allow

public recreation on land containing wetland reserve easements. (Section 2406)

The Managers intend the $3 million for enhancing access to Wetland Reserve

Easements (“WRE”) to be utilized to determine the level of interest among States in

providing public access for hunting, fishing, and other recreational activities on

WRP/WRE acreage. Because there are legitimate concerns about the scarcity of public

access and the quality of wildlife habitat on wetland easements, landowners who are not

utilizing or underutilizing enrolled land for personal use could potentially be incentivized

to open their enrolled land to public use. After making a reasonable effort to conduct

landowner outreach, if the Secretary determines that exchanging incentives for public

access for recreation on WRE/WRP acreage would not be realistic, remaining funds are

to be available for the other purposes of the program.

(29) Agriculture conservation experienced services program

The Senate amendment sunsets the ACES authority on October 1, 2023. (Section

2408)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(30) Remote telemetry data system

The Senate amendment directs the Secretary to encourage the use of remote

telemetry data systems for irrigation scheduling in the environmental quality incentives

program. (Section 2409)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

The Managers recommend that USDA recognize as a best management practice

in conservation programs the use of remote telemetry data systems for irrigation

scheduling. Remote telemetry data systems, as used for irrigation scheduling, combine

the use of field, weather, crop and soil data, which ensures that the precise amount of

water is applied to crops to promote water and energy efficiency while also increasing

crop yields. The Managers encourage USDA to incorporate remote telemetry data

systems as a best management practice under the Environmental Quality Incentives

Program.

(31) Agricultural conservation easement program

The House bill clarifies that one of the program purposes of the Agricultural

Conservation Easement Program is to limit non-agricultural uses of land that negatively

affect the agricultural uses and conservation values. It strikes “restoring and” and inserts

“restoring or”. It amends the definition of “eligible land” to include up to 100 percent of

the described parcel under certain enrollment circumstances. It strikes the consultation

requirement with the Department of the Interior. The bill defines the term “monitoring

report”. It authorizes technical assistance to implement the program. The bill allows for

other forms of contributions from the eligible entities: cash contribution, charitable

donation or funding from a non-USDA federal source. It continues the same cap for

grasslands. The bill amends minimum terms and conditions to also require those are

consistent with the agricultural use of the land. The bill further clarifies that the current

right of enforcement does not extend a right of inspection unless the holder of the

easement does not provide timely monitoring reports. The bill also strikes the

Agricultural Land Easement “(ALE)” plan requirements and requires a conservation plan

for highly erodible cropland. It requires proof of fraud or gross negligence to require a

refund. The bill authorizes additional provisions regarding mineral development and

environmental services markets. It authorizes within the entity certification a process to

allow a certified eligible entity to use its own terms and conditions. It adds certification

criteria regarding those accredited by the Land Trust Accreditation Commission with

certain requirements. The bill amends subsection (d) of the ’85 Act by amending the

technical assistance authority to assist in compliance with the terms and conditions of

easements. It requires the terms and conditions of a wetland easement to comply with a

grazing management plan that is modified at least every 5 years. The bill strikes “or off-

site” in paragraph (4) of subsection (a) of the ’85 Act and the term “proposed or”, which

is replaced with “permitted or”. It separates out and provides new modification and

termination authorities. It prohibits the limitation in section 1001D(B)(1) of the’85 Act

from applying to a landowner with respect to any benefit described in paragraph (2)(B) of

that section, related to the purchase of the easement. (Sections 2601-2605)

The Senate amendment clarifies that one of the purposes of ACEP is to limit non-

agricultural uses of land that may negatively impact the agricultural uses and

conservation values. It adds acequias to the list of eligible entities. It amends the

definition of “eligible land” to reflect the additional requirements for eligibility of certain

land. The amendment authorizes buy-protect-sell transactions and authorizes technical

assistance to implement the program, including for the development of a conservation

plan. It strikes clause (ii) of subsection (b)(2)(B) of the ’85 Act regarding the source of

contribution and replaces it with a charitable donation, certain costs related to securing a

deed and other costs, as determined by the Secretary. The amendment requires an

applicant to develop an agricultural land easement plan. It adds an additional priority for

applications that maintain agricultural viability. It amends minimum terms and

conditions to also require those are consistent with the agricultural activities to be

covered. The amendment strikes the ALE plan requirements in clause (iv) of the ‘85 Act

and requires in a new subparagraph the terms and conditions exclude a right of

inspection, unless monitoring reports are not provided. It authorizes additional terms and

conditions. It also adds an additional term and condition authorizing the certified eligible

entity to use its own terms and conditions to account for geographic differences. The

amendment adds two certification criteria for those accredited by the Land Trust

Commission with certain different requirements or State Departments of Agriculture or

other State agencies. It adds acequias as an entity that may enroll in a 30-year contract. It

adds as a consideration the ability of the land to sequester carbon. The amendment adds

as a priority the improvement of water quality. It adds acequias as eligible entities for a

contract or agreement regarding technical assistance and to carry out special wetland

reserve enhancements. The amendment authorizes the Secretary to establish or restore

alternative vegetative communities. It provides that subsection (a)(2) of the ’85 Act (new

subparagraph (B)) is subject to the new acequia authority. It provides authority for the

Secretary to acquire land owned by acequias. The amendment authorizes the Secretary to

terminate or modify a contract under section 1231(a) of the ’85 Act if the land is enrolled

in an ALE easement under section 1265C(b). It authorizes the Secretary to

simultaneously enroll land subject to an easement in a CRP contract under subchapter B

of chapter 1 of the ’85 Act. (Section 2410)

The Conference substitute adopts the House provision with amendments. It narrows

existing limitation on nonagricultural uses to those that negatively affect agricultural and

conservation values while expanding cost-share and program eligibility, including land

subject to buy-protect-sell transactions, and broadens secretarial authority to set

application criteria and modifies authority to conduct enforcement, subordination,

modification, exchange, and termination of easements. It also provides additional

allowable conditions an easement holder may place on the agreement and prioritizes

water quality improvement on wetland reserve easements. It authorizes alternative

vegetative communities. Land enrolled under ALE may simultaneously be enrolled

under a CRP contract. (Subtitle F)

The Managers make amendments to both Agricultural Land Easements and

Wetland Reserve Easements in order to improve program deliverability. The Managers

expect the agency to prioritize the maintenance and enhancement of the functions and

values of currently enrolled WRE. While some States have effectively achieved

increased wetland functions and values, including optimum wildlife habitat, more could

be done by States to achieve these goals. By including these statutory changes for WRE,

the Managers hope to ensure these wetlands and associated upland areas will be managed

so the taxpayers receive the wildlife habitat and water quality benefits they have paid for

and deserve.

The Managers included language on alternative plant communities and intend for

the agency to eliminate the 30 percent restriction on restoration of alternative plant

communities as part of a wetland reserve easement, and to provide flexibility in wetland

restoration to enhance wetland functions and migratory bird habitat values and contribute

to the goals of state, regional, and local conservation initiatives.

Riparian areas are critical to wildlife conservation and water quality, especially in

the Southwest where non-contiguous riparian habitats constitute a major portion of those

States’ wetlands. These riparian areas in the Southwest that are not connected to

permanently protected wetlands are eligible for WRE, and the Managers urge the

Secretary to invest the resources needed to make WRE a useful and well-used tool in

those states where riparian areas are so critical to wildlife, including in New Mexico and

Arizona.

The Managers’ intent behind allowing flexibility and additional options in the

non-federal share of cost share assistance (matching funds) is to broaden the ability of

entities to participate in ALE, including for grasslands of special environmental

significance, across a more diverse geography. The intention of the language is to

provide better access to the program to states where farm and ranchland preservation

funding is not readily available like South Dakota, Texas, and Alabama. The Managers

do not believe the program should be limited only to entities that can provide cash match.

It is important to acknowledge other expenses that an entity must take on, such as the

long-term expense of monitoring an easement or other additional upfront costs. The

Managers believe that the long-term strength of the program is derived from making the

program available as broadly and equitably as possible across diverse regions of the

country. The Managers do not intend for USDA to reject cash match entirely but to

broaden the options available to eligible entities.

The Managers have made two main changes to certification language in the

Conference substitute. The first is to clarify the intent of Congress that a certified entity

should be able to write its own deed terms, subject to minimum deed terms set by NRCS.

This was the intent in the Agricultural Act of 2014 and is clarified here. The Department

should not put undue burden on an entity’s ability to write its own deed terms. Second,

the Managers have provided three pathways for eligible entities to be certified. The first

is the Agricultural Act of 2014’s retained provision enabling any eligible entity to be

certified if it demonstrates to the Secretary certain capabilities around acquiring,

administering and enforcing agricultural land easements. Two additional pathways have

been created – one for accredited land trusts, and the other for State agencies with

statutory authority for farm and ranch land protection. In order to become certified, the

entity must have acquired a certain number of easements through a Federal easement

program and successfully met program responsibilities in doing so.

The Managers limit the Secretary’s authority to the right of enforcement under the

program and clarify that such right only extends to a right of inspection in two cases: (1)

where a monitoring report is not supplied or (2) when there is reasonable evidence of

violation of the terms of the easement. The Managers intend for entities to be the primary

agent for enforcement of the deed terms reinforcing Congressional intent back to the

Food, Conservation, and Energy Act of 2008.

The Managers defined a monitoring report in order to provide clarity to NRCS on

the documentation required by eligible entities. The Managers believe that this

clarification is needed to ensure that NRCS respects the role of the eligible entity and

does not pursue an inspection role while the eligible entity is fulfilling responsibilities

under their agreements and providing reports to NRCS.

The Managers modified the definition of eligible land to allow for agricultural

land to be owned by an eligible entity on a transitional basis to qualify for program

participation, provided that the land subject to the agricultural land easement be

transitioned to farmer or rancher ownership within 3 years. The language provides two

pathways for these “Buy-Protect-Sell”-type projects, both of which allow an application

to the program for purchase of an agricultural land easement without a pending offer and

without identification of the farmer or rancher to whom the land will eventually transfer.

The Managers recognize the value of “Buy-Protect-Sell” projects, which are

intended to help farmers and ranchers gain access to affordable farmland, and the need

for flexibility in the program to facilitate their use. The Managers recognize that the

process of identifying a farmer or rancher to purchase the protected land and effecting the

sale of that land can take time, and that unforeseen circumstances can delay a sale. With

this in mind, the timeline—and option for extension—laid out in this section is intended

to provide as much flexibility as possible, while at the same time holding eligible entities

to the terms of their initial application.

By striking the consultation with the Secretary of the Interior, the Managers do

not intend to exclude the Department of the Interior from involvement in WRE. It is the

intent of the Managers that the Secretary of Agriculture continue to implement the

program in close partnership with the Department of the Interior at the local level.

While the Conference substitute removes the requirement for an ALE plan as part

of the minimum deed terms (except for land with highly erodible soil), the Managers

encourage USDA and eligible entities to work with landowners entering into an ALE

easement to undertake conservation planning activities on their land in order to maximize

the environmental value of the protected land.

The Managers recognize the substantial investment taxpayers make in easements

and understand the importance of ensuring taxpayer dollars are wisely spent. However,

on limited occasions, there may be justifications for changes to easements. Entities

participating in the ALE program take the obligations that come with stewarding

perpetual easements very seriously. Modifying an easement can be necessary from time

to time for a variety of reasons. Modifications should be done to (1) add acreage; (2)

improve conservation values; or (3) improve the administration of the easement.

Alternative options should always be considered before administrative action is taken to

change or modify the terms of the easement. Terminating an easement should only be

done in very rare cases and the Conference substitute does not weaken the current

requirements for termination actions. In the case of termination actions, the United States

should be fully compensated, including for any restoration costs. However, the Managers

understand there needs to be some flexibility and straight forward rules in these rare

instances of termination. The Managers expect that the Department will provide entities

with the flexibility to properly administer perpetual easements, but to be prudent in the

use of this flexibility. The Managers intend that a contribution shall not fail to be

considered a qualified contribution under the Internal Revenue Code of 1986 based solely

on the termination authority granted to the Secretary under this section.

The Managers include the consideration of agricultural viability as a priority for

the Secretary in evaluating applications under the program. The Managers consider the

components of agricultural viability to include those that enable a producer to

productively operate a farm or ranch on the protected land; maintain the long-term

affordability of the protected land; maintain an economically sustainable farm business

on the protected land; and maintain the protected land in a way that enables its

agricultural use by future generations of farmers and ranchers.

The Managers intend to provide explicit authorization for eligible entities to add

deed terms to the agricultural land easement that address farmland affordability and keep

the protected parcel in farmer ownership. The Managers envision that these deed terms

include those that NRCS has permitted in ALE easement purchases in Vermont and

Massachusetts, known as the Option to Purchase at Agricultural Value, as well as deed

terms with a similar purpose, such as a Preemptive Purchase Right.

The Managers allow for entities holding an ALE to add deed terms that address

mineral development. The intent of the Managers is to provide statutory clarity to the

issue of mineral development on easement lands. The Managers have determined that

instances when the ALE program prohibits subsurface mineral development on lands

where mineral rights have been severed, they are limiting the applicability and impact of

the program by eliminating otherwise high value conservation lands from program

eligibility. This provision does not negate or supersede any other applicable laws,

including State laws, which may otherwise apply to any mineral development activities.

In the event that mineral development rights are reserved and exercised under the

program, the activity should be consistent with the conservation and agricultural purposes

of the land and all provisions of the program. It is not the intention of the Managers to

have a massive expansion of mineral rights exploration on ALE lands but it is intended to

provide clarity, especially on lands where mineral rights are severed and not owned by

the landowner. This language is not intended to require States that have specific

prohibitions against mineral development on eased lands to allow mineral rights

development on eased lands.

(32) Regional conservation partnership program

The House bill amends the term “covered program” to include CRP and the

Watershed Protection and Flood Prevention Act. It amends the term “eligible activity” to

include “resource-conserving crop rotations”. It amends the same term to include

protection of source waters for drinking water. The bill amends the length of the

partnership agreements to limit an agreement and renewal to 5 years, and one extension

up to 12 months. The bill further authorizes the Secretary to enter into a partnership

agreement, including a renewal under subsection (d)(5) of the ’85 Act for longer than 5

years if necessary to meet the objectives. It amends subsection (c)(1)(E) of the ‘85 Act to

include quantification of the project’s environmental outcomes. It also directs the

Secretary to conduct a “simplified” competitive process. The bill authorizes applications

for renewals for certain purposes. It also amends the Adjusted Gross Income (“AGI”)

waiver authority under section 1001D of the Act to create an exemption to the limitation

of paragraph (2), as well as any limitations related to the covered programs for producers.

The bill authorizes mandatory funding at $250 million for each of fiscal years 2019

through 2023. It directs the Secretary to provide guidance on how to quantify and report

environmental outcomes and the progress being made towards quantifying and reporting

the same. It eliminates the limitation applying the Small Watershed Program to only

Critical Conservation Areas (“CCA”). (Sections 2701-2706)

The Senate amendment amends the program to simplify and streamline the

program. The Senate amendment eliminates the requirement for USDA to operate the

program through the terms and conditions of the covered programs and instead requires

USDA to operate it as a stand-alone program using a new program contract for

producers. The Senate bill included new authority for renewal of partnership agreements,

provided more flexibility in the partner funding contributions, eliminated and replaced

Alternative Funding Arrangement authority with a new grant authority limited to 30

percent of annual funding, eliminated the national funding pool and created a new

multistate funding pool, increased mandatory funding to $200 million per year, retained

the 7 percent reservation of funds from the covered programs, and revised criteria for

CCA designations.

(Section 2411)

The Conference substitute adopts the Senate amendment with modifications. The

conference report maintains most of the Senate bill reforms, with a few amendments. The

two Senate bill funding pools will be fund equally between states and multistate CCAs.

The new grant authority from the Senate bill is revised to allow USDA to enter into up to

15 grants or Alternative Funding Arrangements per year with eligible partners.

Mandatory funding is increased to $300 million per year and the 7 percent reservation of

funds is eliminated. (Subtitle G)

The Managers streamline the operation of the Regional Conservation Partnership

Program (RCPP) to increase program adoption by eligible partners and producers alike.

The Managers intend for USDA to use the covered programs (as defined in statute) as a

guide for what conservation activities can be done through partnership agreements and

contracts with producers, but do not intend for USDA to continue to implement RCPP

through the rules and regulations of the covered programs. NRCS shall run RCPP as a

stand-alone program, with its own rules and regulations, and shall revise the program to

focus on increasing producer access, improving conservation outcomes, and simplifying

procedures.

The Managers do not intend for the change in RCPP’s eligible activities to, in any

way, lessen the prioritization of projects that may include drought mitigation, flood

prevention, water retention or water quantity and groundwater recharge activities. The

availability of funding to address these issues remains of utmost importance in many

regions of the country.

The Managers continue to believe that initiatives developed at the local level and

with local input are critical to ensuring the success of this program. Therefore, the

Managers encourage potential project partners to engage with conservation districts

within the boundaries of a proposed project for input and feedback on the natural

resource priorities that have been identified. The Managers encourage NRCS to include

conservation district engagement within its ranking criteria.

The Managers modified the terms in the establishment of RCPP to ensure eligible

partners entering into agreements can be funded through alternative funding

arrangements and grant agreements through which the eligible partners can implement

projects and provide financial assistance directly to producers. It also modifies the

purposes of the program by striking the use of covered programs under RCPP and

refocuses the program on carrying out conservation activities through program contracts

outside of covered programs. The Managers intend for this to change how NRCS carries

out RCPP by moving away from implementation directly through the covered programs.

The definition of ‘covered program’ under RCPP is revised to be a “purpose,

activity, or agreement” of EQIP, CSP, ACEP, CRP, Healthy Forest Reserve Program, and

the Watershed Act. The Managers intend this change to mean that a partnership

agreement must include a purpose, activity or agreement that is authorized in one of the

covered programs, but not be carried out through the covered program.

The definition of eligible partner is updated to specifically include acequias, land

trusts and other organizations who have authority to hold conservation easements, and

conservation districts. The Managers note that these entities are already considered

eligible partners by NRCS, but wanted to make that clear in statute so they continue to be

eligible in the future.

While the Managers intend to allow a partnership agreement longer than 5 years

under RCPP, they expect the Secretary to only allow longer agreements in select

situations, like if the longer period is concurrent with a deadline established under a State

or Federal program that relates specifically to the project.

The Managers emphasize the importance of a partner’s duty to quantify the

environmental outcomes of their RCPP projects, and partners are encouraged to assess

and report on the economic and social outcomes of their projects, as partners may be able

to encourage increased adoption of conservation practices. The Managers expect the

Secretary to provide guidance to partners on how to quantify and report on the outcomes

of their projects. This guidance should include methods and tools that can be used to

quantify outcomes at varying scales appropriate to projects (regional, state, county,

watershed, field, etc.), and for the various natural resource concerns addressed by

projects. The Managers emphasize the importance of presenting the progress of partners

and participating producers in regular reports to Congress, while recognizing that

different conservation practices have differing timelines for their full effects to be

realized.

The Managers clarified the partner contribution requirements to ensure that a

partner contribution can be a combination of financial or in-kind contributions, and that

time spent between the announcement of the project award and the signing of the

partnership agreement can be counted toward the partner contribution.

The Managers intend for NRCS to ensure that there is a staff person in every state

to serve as an RCPP coordinator. This person should be available to assist partners with

implementing the project and provide reports and other information required by the

Secretary. While the Managers did not include the requirement for modification of

conservation practice standards from the Senate bill within RCPP, this authority was

moved to Section 1242 of the Food Security Act of 1985 so that the modification of

conservation practice standards can be allowed for all conservation programs.

The Managers direct USDA to create a simplified application process for eligible

entities, particularly new partners and small organizations.

The Managers intend NRCS to develop a separate, noncompetitive process for

renewing successful partnership agreements. NRCS should ensure that only the most

successful projects qualify for renewal, and the Managers do not intend for renewals to

use a majority of funding available each fiscal year. Since the national funding pool is

eliminated, the Managers intend that any eligible partner that was funded through the

national funding pool and otherwise meets the requirements for renewal of that

partnership agreement shall be renewed with funding from the applicable State or

multiple State competitive process.

The Managers encourage the Secretary to provide all RCPP applicants who are

not awarded a partnership agreement, information and feedback, including written

information and feedback as appropriate, for improvements that could be made to the

application to make it more competitive if the partner chooses to apply again in the

future.

The Managers provided new authority for the Secretary to deliver RCPP through

a new program contract with producers that is not a contract from a covered program.

The Managers intend the Secretary to have greater flexibility in setting the terms of the

program contract and the type of conservation activities to be undertaken by producers.

New application bundles are authorized to give higher priority to projects where a

majority of producers in a watershed agree to submit applications for conservation

activities. The Managers intend the Secretary to utilize this authority when there would

be a greater conservation benefit to the watershed.

The Managers authorize USDA to enter into both alternative funding

arrangements and grant agreements with eligible partners, depending on the specific

requirements of the project. The alternative funding arrangement or grant agreements

provision replaces the problematic “alternative funding arrangement” (AFA) provision in

the current law. The current AFA provision proved to be time-intensive and difficult to

contract for multi-producer, irrigation infrastructure projects and other watershed scale

projects, and only two AFA contracts were completed nation-wide under the current law.

This section addresses the short-comings of the current AFA provision by providing new

statutory authority for straight-forward contracting with an eligible partner implementing

an RCPP project directly with multiple producers, such as a project to upgrade water

delivery or irrigation infrastructure owned by a canal company, ditch company, or

irrigation district.

The Conference substitute limits AFA and grant projects to no more than 15

projects per year. The Managers encourage the Secretary to use discretion to ensure that

the project can truly be carried out more effectively through the alternative funding

arrangement or grant than through the traditional partnership agreement model. The

Managers also intend for the eligible partners to ensure that the projects under this

authority directly benefit and involve producers.

While the eligible partner will be responsible for contracting with producers and

making payments to producers, the Secretary may provide technical and administrative

assistance to support the eligible partner. Such assistance includes checking producer

eligibility requirements, including conservation compliance, adjusted gross income, and

payment limits.

While the Conference substitute included alternative funding arrangements

alongside grants within this authority, it is the intent of the Managers that the Secretary

utilize alternative funding arrangements to provide both flexibility in implementation and

support for eligible partners. The Managers recognize that AFAs may provide the

Department with more administrative flexibility, but intend for these to run very similar

to a grant agreement. If the eligible partner and the Secretary so choose, they may simply

enter directly into a grant agreement in lieu of an AFA.

In order to simplify the application process, the national funding pool is

eliminated. Partners can apply if they are in a critical conservation area, or under a new

state and multistate funding pool. The Managers intend the state and multistate funding

pool to fund both large and small projects. For the multistate authority, the State

Conservationist for each state involved should agree to fund the project in order for it to

be awarded.

There has been considerable frustration among partners regarding the use of

technical assistance by NRCS in implementing the program. The Managers intend NRCS

to be straightforward and up front with partners about the amount of technical assistance

that will be needed to implement projects and to report publicly on that information. To

help further its capacity to get conservation on the ground, NRCS should increase efforts

to engage third-party providers in technical assistance for projects.

The Managers intend for NRCS to continue to apply conservation compliance

requirements to producers participating in projects through RCPP, including through the

alternative funding arrangement or grant agreement authority.

The Managers expect the Secretary to work with eligible partners to ensure

participation in projects by beginning farmers and ranchers, veteran farmers and ranchers,

socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers.

Both USDA and eligible partners shall conduct outreach and provide technical assistance

to historically underserved producer groups to ensure that these groups actively

participate in RCPP projects.

The Managers intend the current Critical Conservation Areas (CCA) to remain in

place for the duration of the 2018 Farm Bill, unless the Secretary can demonstrate the

resource concerns have been fully addressed for the CCA. In addition, some partners

believe that some project awards in a CCA were not directly addressing the primary

resource concerns for the respective CCA. The Managers intend for the Secretary to only

award projects in the CCA directly related to the primary resource concerns for a CCA.

The Managers expect the Secretary to provide guidance to partners on how to

quantify and report on the outcomes of their projects. This guidance should include

methods and tools that can be used to quantify outcomes at varying scales appropriate to

projects (regional, state, county, watershed, field, etc.) and for the various natural

resource concerns addressed by projects. The Managers emphasize the importance of

presenting the progress of partners and participating producers in regular reports to

Congress, while recognizing that different conservation practices have differing times for

their effects to be realized.

(33) Emergency conservation program

The House bill restructures section 401 of the Agricultural Credit Act of 1978 (the

“ACA”) into two subsections amending existing law to add wildfires and creating a new

subsection for repair and replacement of fencing with option to receive the payment in

advance. It adds new section 402A to the ACA, providing maximum cost-share rate,

exceptions for Limited Resource Farmers and Ranchers, Beginning Farmers and

Ranchers, or Socially Disadvantaged Farmers and Ranchers, and a maximum payment

limitation. (Section 2406)

The Senate amendment amends section 403 of the ACA and adds two new

sections (authorities). It provides a payment limit and establishes a set-aside of program

funds for repair and restoration of fencing. Section 12614 of the Senate amendment is

identical to section 2406 of the House bill, with the exception of the 25 percent maximum

pre-payment limit and return of funds requirement. (Section 2414 & 12614)

The Conference substitute adopts the House provision with an amendment.

Losses due to wildfire are made eligible. Fencing repair and replacement cost-share are

authorized for up to 75 percent of the total cost, with an advance disbursement option

available to the producer. A payment limit of $500,000 is established. (Section 2403)

(34) Watershed protection and flood prevention

The House bill maintains the current authorization of appropriations structure for

flood prevention and includes new $100 million in mandatory spending for the overall

program during each of fiscal years 2019 through 2023. (Section 2404)

The Senate amendment authorizes $200 million in appropriations for each of

fiscal years 2019 through 2023. (Section 2415)

The Conference substitute adopts the House bill with amendment. The substitute

includes a waiver for the watershed plan under certain instances and provides $50 million

in mandatory funding for each fiscal year thereafter. (Section 2401)

(35) Small watershed rehabilitation program

The Senate amendment authorizes the Watershed Protection and Flood Prevention

Act authorization of appropriations at $20 million annually through FY 2023. (Section

2416)

The House bill maintains the current authorization level of $85 million through

FY 2023. This program is also covered by the new mandatory money above.

The Conference adopts the House provision. (Section 2401)

(36) Repeal of conservation corridor demonstration program

The Senate amendment repeals the conservation corridor demonstration program.

(Section 2417)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2811)

(37) Repeal of cranberry acreage reserve program

The Senate amendment repeals the cranberry acreage reserve program. (Section

2418)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2812)

(38) Repeal of National Natural Resources Foundation

The Senate amendment repeals the National Natural Resources Foundation.

(Section 2419)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2813)

(39) Repeal of flood risk reduction

The Senate amendment repeals the flood risk reduction. (Section 2420)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2814)

(40) Repeal of study of land use for expiring contracts and extension of authority

The Senate amendment repeals the authority. (Section 2421)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2815)

(41) Repeal of integrated farm management program option

The Senate amendment repeals the integrated farm management program option

authority. (Section 2422)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2816)

(42) Repeal of clarification of definition of agricultural lands

The Senate amendment repeals the authority. (Section 2423)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 2817)

(43) Resource conservation and development program

The Senate amendment authorizes the program through FY 2023. (Section 2424)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(44) Wildlife management

The Senate amendment codifies the working lands for wildlife conservation

partnership between the Department of Agriculture and the Department of Interior and

expands the authority to the conservation reserve program in the Farm Service Agency. It

also authorizes the Secretary to assist a requesting federal, state or local agency regarding

regulatory certainty through conservation practices, under certain conditions. (Section

2425)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a technical change.

(Section 2407)

The Managers recognize the success of the Working Lands for Wildlife model of

conservation established between USDA’s Natural Resource Conservation Service and

the U.S. Fish and Wildlife Services as a model of effective species conservation on

private lands that can provide regulatory certainty for farmers, ranchers, and landowners.

The Managers support the regulatory predictability that the model of conservation

provides to producers who voluntarily implement agreed upon conservation practices that

promote species recovery. In the event that a species is listed as threatened or

endangered under the Endangered Species Act in the future, producers in the Working

Lands for Wildlife model of conservation who voluntarily implement agreed upon

conservation practices are able to continue to operate their farms and businesses without

potential disruptions related to the listing. Protections under this initiative include up to

30 years of certainty related to protections from incidental take under the Endangered

Species Act as long as the producer or landowner voluntarily maintains the agreed upon

conservation practice. The Managers expand the Working Lands for Wildlife model of

conservation to apply to the Farm Service Agency for programs like the Conservation

Reserve Program and expect the same regulatory certainty to apply.

(45) Healthy forests reserve program

The House bill includes this provision within the forestry title. (Section 8107)

The Senate amendment makes amendments to the Healthy Forests Reserve

Program and adds as a purpose of the program to conserve habitats for candidate,

threatened, endangered species or species of greatest conservation under State wildlife

action plans. The provision eliminates the limitation on the use of cost-share agreements

and easements. It also directs that restoration plans under the program include land

management practices, vegetative treatments, structural practices and measure, practices

that improve biological diversity, carbon sequestration, and other appropriate activities. It

strikes (e)(2). It authorizes certain practices. (Section 2426)

The Conference substitute deletes the Senate amendment and addresses it within

Title VIII.

(46) Watershed protection

The Senate amendment amends the definition of “works of improvement” in the

Watershed Protection and Flood Prevention Act and authorizes a waiver for the

watershed plan under certain circumstances. (Section 2427)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications that

do not include a change to the definition and modify the requirements for a waiver.

(Section 2401)

The Managers authorize a waiver for watershed plans where the Secretary

determines that it is unnecessary or duplicative. The Managers intend that the Secretary

exercise this waiver authority in instances where the proposed work of improvement

would not require the same type of plan or analysis provided for in a PL-566 plan if the

activity were conducted under other USDA conservation program authority, for work

which is categorically excluded from more significant USDA or other Federal agency

review, or where adequate planning has already been conducted. The watershed plan

waiver authority does not authorize the Secretary to waive the National Environmental

Policy Act (NEPA) or other federal environmental laws applicable to a proposed PL-566

work of improvement. The Managers included this waiver to improve the deliverability

of the program and ensure financial resources are devoted to implementing watershed

protection measures that benefit producers, rural communities, and the environment.

(47) Modifications to conservation easement program

The Senate amendment provides authority for the Secretary to modify or

exchange land in a covered program and modify an agreement, contract or an easement in

a covered program if such modifications meet certain requirements and costs are covered

by the party requesting the modification or exchange. (Section 2429)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(48) Feral swine eradication and control pilot program

The House bill provides the Secretary the authority to establish a pilot project for

eradication and control of feral swine. It enumerates the duties of the Secretary in

carrying out the pilot including assessment, control methods, restoration, and the

provision for financial assistance to producers. It also enumerates the actions for which

financial assistance will be provided. The bill requires coordination between the Natural

Resources Conservation Service and the Animal and Plant Health Inspection Service with

State Technical Committees to determine the pilot areas for the project. It provides that

areas considered for the pilot will demonstrate feral swine impacts as a threat to

agriculture, native ecosystems, or human or animal health. It establishes the cost-share

level of 75 percent and provides for in-kind contributions of materials and services. The

bill allocates $100 million in mandatory funds for the period of 2019 through 2023 and

distributes the funding at 50 percent to each agency and the scope of their work. It further

limits the use of these funds to no more than 10 percent for administrative expenses

associated with the pilot project. (Section 2405)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

providing $75 million in mandatory funding. (Section 2408)

(49) Soil and water resources conservation

The House bill reauthorizes the Soil and Water Resource Conservation Act

through FY 2023 and expands USDA's ability to assess natural resource concerns through

enhanced measurement, evaluation, and reporting on conservation program outcomes.

(Section 2408)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

reauthorizing the authority. (Section 2402)

(50) Funding; Report on program enrollments and assistance

The House bill amends the ’85 Act to extend CRP funding under both paragraphs

(A) and (B) through FY 2023. It authorizes ACEP funding at $500 million for each fiscal

year 2019 through 2023. It conforms this section with CSP repeals. The bill retains the

current authorization of EQIP funding for 2018, and authorizes funding at $2 billion for

2019, $2.5 billion for 2020, $2.75 billion for 2021, $2.935 billion for 2022 and $3 billion

for 2023. It strikes 2 reports due in 2014. It also strikes the regional equity authority. The

bill extends the authority through FY 2023 and conforms paragraph (1) regarding the

CSP repeal. It strikes paragraph (h)(3) regarding an authority to repool acres. It requires

a report each FY 2018 through 2023 by Dec. 15 regarding different activities. (Section

2501)

The Senate amendment amends the funding for section 1234(c)(1)(A) of the ’85

Act to $11 million for the period of FY 2019 through 2023 and (B) to $50 million for the

period of FY 2019 through 2023 to carry out section 1235(f), capping outreach and

assistance spending at $5 million and conforming retiring owners and operators with

previous changes to “contract holders”. It authorizes ACEP funding at $400 million for

each fiscal year 2019 through 2021, $425 million for FY 2022 and $450 million for FY

2023. It authorizes EQIP funding at $1.473 billion for 2019, $1.478 billion for 2020,

$1.541 billion for 2021, $1.571 billion for 2022, and $1.595 billion for 2023.

The amendment strikes a 2012 review. It extends the authority through FY 2023. It

targets 15 percent of funding to assist beginning farmers and ranchers and the same for

socially disadvantaged farmers and ranchers. The amendment provides new conservation

standards and requirements. It strikes certain activities. (Sections 2501 & 2602)

The Conference substitute adopts the House provision, including funding for

various programs, reports, an extension of a funding authority for certain farmers and

ranchers, and provides for interagency coordination on conservation standards and

requirements. (Section 2501)

While the Conference substitute does not increase the set-aside for beginning

farmers or socially disadvantaged producers, the Managers recognize the importance of

updating funding allocations in the conservation programs to better reflect the changing

demographics among farmers and ranchers and encourage USDA to continue to improve

enrollment in conservation programs by these producers.

(51) Delivery of technical assistance

The House bill amends the definition of “eligible participant” to remove

eligibility under section 524 of the Federal Crop Insurance Act. It also defines “third-

party provider”. It authorizes a new alternative certification process. (Section 2502)

The Senate amendment defines “third-party provider”. It authorizes a new

certification process for third-party providers as well as a streamlined process. It strikes

the current authorization and inserts new authority for the expedited revision of

conservation practice standards. It also requires a report. (Section 2502)

The Conference substitute adopts the House provision with amendments to the

certification process and review of conservation practice standards, and includes the

expedited revision of standards provision in the Senate amendment. (Section 2502)

The Managers believe technical service providers are an important part of the

conservation delivery system. The Managers intend for USDA to use the vast technical

knowledge available in the private sector as a way of complementing NRCS reach and

expertise. The Conference substitute clarified the definition of a TSP to specifically

include commercial entities. The Conference substitute provides authority for non-

Federal entities to certify technical service providers. The Managers intend for USDA to

implement this and make this available nationwide.

The Managers encourage NRCS to continue to work with the U.S. Forest Service

and state forestry agencies to streamline and align forest management plan requirements

in private forestry assistance programs administered by each of these agencies. The

Managers also encourage NRCS to allow use of landscape-wide or area-wide forest

management plans to meet the requirements of forest management plans in NRCS

programs.

(52) Administrative requirements for conservation programs

The House bill strikes subsection (m) of the ’85 Act because expanded language

related to that exemption is not in Title I of this bill and adds a new authority for targeting

conservation practices for source water protection which includes a reservation of funds

at not less than 10 percent of conservation funds (not including CRP) for each of fiscal

years 2019 through 2023. (Section 2503)

The Senate amendment adds Acequias to the authority for certain incentives in

section 1244 of the ’85 Act. It increases the cap from 10 percent to 15 percent for

cropland in a county that can be subject to a wetland reserve easement. It updates the

calculation authority regarding acreage to reflect 2018 farm bill enactment. The Senate

amendment adds new authority to the pollinator authority in subsection (h) of the ’85

Act. It applies commodity program eligibility to the definition of an exempted producer

and conforms paragraph (2) of subsection (m) of the ’85 Act. It directs the Secretary to

enter into alternative funding arrangements with tribes under certain circumstances. The

amendment adds an authority for source water protection. It authorizes a waiver and

contract limitation to payments made to acequias. (Sections 2503 & 12613)

The Conference substitute adopts the Senate amendment with modifications,

including deleting subsections (a) and (f) of the ’85 Act, providing an authority for the

review and guidance for practice costs and payment rates, amending the authority for

alternative funding arrangements for Indian tribes. The substitute also adopts the House

provision on source water protection and a modification to its reservation of funds, does

not include the pollinator authority within this title, does not include the regulatory relief

provision within this title (moved to title I), establishes authority for environmental

services market, and addresses regulatory certainty. (Section 2503)

The Managers encourage the Secretary to expand upon existing work at USDA to

encourage the protection of pollinators and the enhancement of pollinator habitat through

adoption of conservation practices. This work may be accomplished through the

development of area-wide conservation plans and strategies to increase the use of

integrated pest management, as well as providing technical assistance to producers

relating to background science, promotion, and implementation of conservation habitat

enhancement for beneficial insects. Examples of assistance that USDA could provide to

producers include, but are not limited to, sharing best management practices that integrate

natural predators and parasites of crop pests into agricultural systems and promoting

additional practices that enhance natural habitat for these insects, providing an alternative

to pesticide application on farms.

The Managers intend for the Department to emphasize the importance of

protecting sources of drinking water throughout the title because of the direct public

health benefit such activities would provide. Protection of sources of drinking water not

only means emphasizing practices that have a significant water quality or water quantity

benefit, but also focusing those practices in watersheds where source waters can be

protected or improved. Water quality and quantity practices do not address source water

protection if those waters are not used as water system sources or if they do not address

water system concerns.

The Managers understand that some programs do not have purposes that directly

align with source water, but the Managers intend at least ten percent of the total amount

of conservation title funding go towards source water protection, not necessarily from

each individual program. For example, this could mean EQIP could in practice provide

more than its 10 percent minimum share to satisfy the overall requirement if the

Agricultural Conservation Easement Program could not. The Managers do not intend for

this to be a “check the box” activity of retrospectively accounting for funds that

addressed protection of source water, but instead represents a clear priority for the

Department to identify watersheds where potable water is at risk and to target those areas

for conservation implementation.

The Managers provide authority to incentivize practices that have a beneficial

environmental impact on protecting drinking water. This tool is intended to address

practices that might have limited adoption because of the cost to the producer or because

the benefits are largely off-farm. Examples include edge of field practices such as

saturated buffers, woodchip denitrifying bioreactors, or drainage water management.

The Managers believe that USDA actively seeking partnerships to identify

targeted areas helps amplify the importance of voluntary, incentive-based conservation.

One of those critical partnerships is with water utilities and the Managers expect the

Department to work with drinking water utilities to identify key areas in each state to

focus on protecting source water. The Managers intend for this to be used in priority

areas in each state; not just certain areas of the country.

The Managers believe environmental markets have the potential to play a

significant role in addressing natural resource concerns. Producers enrolled in

conservation programs under this title should not be precluded from participating in those

markets as long as the landowner is providing additive conservation above and beyond

the protections provided under the program. This could be an important market for

landowners, and not allowing them to participate in these markets could serve as a

disincentive for permanent farmland protection such as those provided under ACEP. For

instance, landowners could undertake management changes that could increase the

amount of carbon sequestered above and beyond that amount of carbon that is

sequestered simply by preventing conversion of grassland or timberland.

(53) Definition of acequia

The Senate amendment defines an acequia in the ’85 Act. (Section 2504)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(54) Authorization of appropriations for water bank program

The Senate amendment authorizes appropriations at $5 million for each of fiscal

years 2019 through 2023, to remain available until expended. It strikes a provision that

applied through FY 1980. (Section 2505)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(55) Report on land access, tenure, and transition

The Senate amendment authorizes a report on land access, tenure, and transition.

(Section 2506)

The House bill contains no comparable provision.

The Conference substitute addressed the Senate amendment in title XII.

(56) Report on small wetlands

The Senate amendment authorizes a report on small wetlands. (Section 2507)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications to the

report. (Section 2409)

The Managers request that USDA, acting through the Chief of NRCS, conduct a

report on small wetlands to be completed within 6 months following enactment. The

Managers require that the report include the number of small wetlands that have been

delineated in each of the states during fiscal years 2014 through 2018. The Managers

request that USDA provide additional reports that look at years prior to 2014 and that

those reports be made available by the end of each fiscal year after the enactment of this

Act. The Managers intend for this report to provide information on small wetlands and

ensure that NRCS is using the same methodology across each of the states identified in

determining wetlands that are small in nature.

(57) State technical committees

The House bill adds the State 1862 Institution to the State technical committee.

(Section 2504)

The Senate amendment directs State technical committees to review technologies

and practices and make recommendations to the Secretary. It amends section 1261(b)(2)

of the ’85 Act to strike “under section 1262(b)”. (Sections 2508 & 2604)

The Conference substitute adopts the House provision with an amendment to

include section 2604 of the Senate amendment and the addition of the State cooperative

extension and the land grant university in the State. (Section 2822)

The Managers recognize the importance of State Technical Committees and how

they provide important State input on natural resource concerns and the delivery of

USDA conservation programs. The Managers believe that focusing National programs to

meet the needs of agricultural producers in each state should be done with input from

representatives within the State and include the diversity of production. State technical

Committees should balance representation between grower representatives, conservation

organizations, Tribal, State, local government agencies, and other interested

organizations within the State.

(58) Farmable wetland reform

The Senate amendment is a technical correction. (Section 2601)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(59) Drought and water conservation agreements

The Senate amendment amends 1231A of the ’85 Act and authorizes the

Secretary to enter into agreements that address regional drought concerns. (Section

12612)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(60 & 61) Repeal of terminal lakes assistance

The House bill repeals the authority for terminal lakes assistance. (Section 2802)

The Senate amendment contains no comparable provision.

The Conference substitute strikes the authorization of appropriations and makes a

technical change. (Section 2821)

Title III – Trade

(1) Generation and use of currencies by private voluntary organizations and

cooperatives

The House bill allows the generation of proceeds from the sale of commodities by

private voluntary organizations to be used as enumerated in this section. (Section 3004)

The Senate amendment allows the Administrator of USAID to permit private

voluntary organizations to sell commodities distributed under nonemergency programs

under this title to generate proceeds to be used as enumerated in this section. (Section

3102)

The Conference substitute adopts the House provision. (Section 3103)

(2) Food aid consultative group

The House bill reauthorizes the authority for the group through FY 2023. (Section

3006)

The Senate amendment reduces the consultation period for proposed regulations,

handbooks, or guidelines concerning this title to 30 days. It reauthorizes the Food Aid

Consultative Group through FY 2023. (Section 3104)

The Conference substitute adopts the Senate provision. (Section 3105)

The Managers expect that reducing the Food Aid Consultative Group (FACG)

review period from 45 days to 30 days will streamline and expedite the approval of

agreements and that efforts will be taken to ensure such change does not reduce the

opportunity for FACG members to provide feedback on proposed regulations,

handbooks, or guidelines.

Furthermore, the Managers believe food aid transportation efficiency and

transparency can be improved and expect the FACG to review and recommend any

specific changes needed in regulations and procedures governing food aid transportation

to enhance program delivery, maximize program efficiency, and improve transparency,

including specifically reviewing the shipment schedules, and terms and conditions of

governing contracts and freight solicitations.

(3) Oversight, monitoring, and evaluation

The House bill amends section 207(f) of the Food for Peace Act to allow up to 1.5

percent of the funds made available under this section to pay for program oversight,

monitoring, and evaluation. It extends funding authority for the early warning

assessments and systems to FY 2023 and eliminates requirement that matching funds

come from Chapter 1, Part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et

seq.). (Section 3008)

The Senate Amendment amends section 207(f) of the Food for Peace Act to allow

the Administrator to use to up 1.5 percent, but not less than $17,000,000, of appropriated

funds made available under this section for program oversight, monitoring, and

evaluation. It extends funding authority for the early warning assessments and systems to

FY 2023. (Section 3105)

The Conference substitute adopts the Senate provision with an amendment to

eliminate the requirement that matching funds come from Chapter 1, Part 1 of the

Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (Section 3107)

The Managers affirm the importance of the Famine Early Warning Systems

Network (FEWS NET) to effectively and efficiently respond to crises around the world.

However, the U.S. Agency for International Development (USAID) should better utilize

FEWS NET to provide advance information and inform interventions to mitigate the

effects of drought in areas where livestock production is a critical source of food and

income.

(4) Assistance for stockpiling and rapid transportation, delivery, and distribution of

shelf-stable prepackaged foods

The House bill extends authority for the appropriation of funding for the program

through FY 2023. It changes the name of the section to “International Food Relief

Partnership” (Section 3009).

The Senate amendment amends section 208(f) of the Food for Peace Act to

reauthorize funding for distribution of shelf-stable prepackaged foods. (Section 3106)

The Conference substitute adopts the House provision. (Section 3108)

(5) Allowance of distribution costs

The Senate amendment amends section 406(b)(6) of the Food for Peace Act to

clarify allowable distribution costs, including a variety of activities for which costs were

paid prior to FY 2017. (Section 3107)

The House bill has no comparable provision.

The Conference substitute incorporates the Senate provision with an amendment

clarifying that the costs include distribution and program implementation costs to use the

commodities provided under the Food for Peace Act. (Section 3110)

The Managers intend for the allowable uses of internal transportation, storage and

handling (ITSH) funds authorized under section 406(b)(6) of the Food for Peace Act to

include the types of activities for which costs were paid under such paragraph prior to

fiscal year 2017. Such activities must be associated with the use of agricultural

commodities. The Managers do not intend for the changes made by this provision to

result in increased levels of annual ITSH spending as compared to the average annual

ITSH spending levels in recent years by dollar value or as a percentage of overall Food

for Peace funding.

(6) Annual report regarding food aid programs and activities

The House bill amends section 407(f) of the Food for Peace Act to allow the

Administrator and Secretary of Agriculture to file annual reports relating to their

respective food aid programs and activities, jointly or separately. It requires the

Administrator and Secretary to notify Congress if their reports will be delayed and

provide reasons for the delay. The bill requires a detailed account of the funds expended

for the purposes of 202(e), 406(b)(6) and 407(c)(1)(B). Additionally, it restructures

reporting requirements by moving requirements under section 403(m) of the Food for

Peace Act, so they shall be included within the report required under section 407(f). It

includes conforming repeal of section 403(m). (Section 3012)

The Senate amendment amends 407(f)(1)(A) of the Food for Peace Act to allow

USAID Administrator and Secretary of Agriculture to file annual reports relating to their

respective food aid programs and activities, jointly or separately. (Section 3109)

The Conference substitute adopts the House provision with an amendment to

remove the provision requiring Congressional notification relating to reasons for delay in

production of the report. (Section 3112)

The Managers acknowledge information provided in the annual report regarding

food assistance programs and activities is essential for Congressional and public

oversight of these programs. The Managers expect the relevant agencies to cooperate to

ensure that annual reporting of food assistance is provided either jointly or separately in a

concise, transparent, and timely manner. Agencies should promptly publish data on food

aid programs and activities as available, regardless of when full reporting requirements

will be met.

(7) Nonemergency Food Assistance

The House bill amends section 412(e) of the Food for Peace Act to provide not

less than $365 million of the amounts made available to carry out Title II, nor more than

30% of such amounts to be expended for nonemergency food assistance programs for FY

2019 through FY 2023. It also amends section 412(e) to allow community development

funds appropriated to carry out part I of the Foreign Assistance Act of 1961 that are made

available through grants or cooperative agreements and that assist in implementing

certain activities—income-generating community development, health, nutrition,

cooperative development, agriculture, and other development—to be deemed to have

been expended on nonemergency food assistance programs for the purposes of this

section. (Section 3014)

The Senate amendment amends section 412(e) of the Food for Peace Act to

provide not less than $365 million of the amounts made available to carry out this title for

nonemergency food assistance programs for fiscal years through FY 2023. It amends

section 412(e) of the Food for Peace Act to allow funds expended under the Farmer-to-

Farmer Program (section 501 of the Food for Peace Act) to be considered amounts

expended for the nonemergency food assistance programs under section 412. The

amendment also amends section 412(e) of the Food for Peace Act to allow funds

expended through Part I of the Foreign Assistance Act of 1961 through grants or

cooperative agreements and consistent with the goals of Title II, to be considered

amounts expended for nonemergency food assistance programs under certain

circumstances. (Section 3111)

The Conference substitute adopts the House provision with a modification to

amend section 412(e) to allow funds expended under the Farmer-to-Farmer Program

(section 501 of the Food for Peace Act) to be considered amounts expended for the

nonemergency food assistance programs under section 412. (Section 3114)

The Managers emphasize the importance of nonemergency development

assistance to strengthen resiliency and transition countries from food aid recipients to

trading partners. The Managers authorize the Administrator to count Community

Development Funds (CDF) toward the minimum level of nonemergency food assistance.

The Managers support the use of CDF to complement Title II resources and expect that

the Administrator will continue to use these funds to provide direct funding to Food for

Peace Title II nonemergency programs through the Office of Food for Peace or its

successor. The Managers further expect that any reduction in the use of commodities in

non-emergency programs that result from the use of the CDF will be offset by additional

commodities used in emergency food aid operations.

(8) John Ognowski and Doug Bereuter Farmer-to-Farmer program

The House bill amends section 501 of the Food for Peace Act to clarify that

assistance provided under the program should be “technical” in nature. The bill amends

section 501 of the Food for Peace Act to add retired extension staff of USDA as able to

work in conjunction with agricultural producers and farm organizations on a voluntary

basis. It also amends section 501 to expand the scope of issues the program can focus on

to include selection of seed varieties and plant stocks, knowledge of insecticide and

sanitation procedures to prevent crop destruction, use and maintenance of agricultural

equipment and irrigation systems, and selection of fertilizers and methods of soils

treatment. The bill further amends section 501 to encourage the fostering of investments

in institutional capacity-building to allow for longer-term sequenced assignments to

provide deeper engagement and greater continuity of projects. It extends authority for

appropriations at existing levels for each of FY 2019 through FY 2023. It allows for

funds used under this section to be counted toward the minimum level of non-emergency

food assistance under 412(e). The bill adds the establishment of geographically defined

crop yield metrics system, a public database to assess improvements in crop yields, and

creates a new grant program to facilitate new and innovative partnerships and activities. It

extends authority for appropriations at existing levels for each fiscal year FY 2019

through FY 2023. (Section 3016)

The Senate amendment amends section 501 of the Food for Peace Act to allow

employees or staff of a State cooperative institution as defined by subparagraphs (A)

through (D) of section 1404(18) of the National Agricultural Research Extension, and

Teaching Policy Act of 1977 to volunteer for the purposes enumerated under section 501.

It extends authority for minimum levels of assistance at existing levels for each fiscal

year FY 2019 through FY 2023. The amendment extends authority for appropriations at

existing levels for each fiscal year FY 2019 through FY 2023. (Section 3113)

The Conference substitute adopts the Senate provision with an amendment that

clarifies that the nature of assistance should be “technical,” expands the scope of issues

the program can focus on to include selection of seed varieties and plant stocks,

knowledge of insecticide and sanitation procedures to prevent crop destruction, use and

maintenance of agricultural equipment and irrigation systems, and selection of fertilizers

and methods of soils treatment, and creates a new grant program to facilitate new and

innovative partnerships and activities. (Section 3116)

The Managers support the United States’ work to advance food security in

developing countries and open new markets for agricultural trade through programs that

leverage the unique capabilities of Federal departments and agencies and that improve

coordination between donors, beneficiaries, and the private sector. The Department of

Agriculture (USDA) plays an important role in establishing trade between the United

States and other nations and should enhance its role in facilitating the transfer of the

knowledge, skills, and experience of American farmers, land grant universities, and

extension services through the John Ogonowski and Doug Bereuter Farmer-To-Farmer

Program.

The Managers intend for the Farmer-to-Farmer Program to foster appropriate

investments in institutional capacity-building and allow longer-term and sequenced

assignments and partnerships to provide deeper engagement and greater continuity on

such projects.

(9) Priority trade promotion, development, and assistance

Section 3102(a) of the House bill amends section 205 of the Agricultural Trade

Act of 1978 to create the International Market Development Program, a consolidation of

the current Market Access Program (MAP), the Foreign Market Development (FMD),

Technical Assistance for Specialty Crops (TASC), and the E Kika de la Garza programs.

Section 3102(b) of the House bill amends section 211(c) to provide $255 million in

annual mandatory funding for the International Market Development Program, subject to

the allocation of $253.5 million as follows: MAP not less than $200 million annually;

FMD not less than $34.5 million annually; E. (Kika) de la Garza Emerging Markets

Program (EMP), not more than $10 million annually; TASC not more than $9 million

annually; and the remaining unallocated balance of $1.5 million per year will be available

for the Secretary to make available for the MAP and/or FMD programs. Section 3102(c)

of the bill repeals the current law authorizations for the MAP, FMD, TASC, and de la

Garza programs. It also repeals section 1302 of the Omnibus Budget Reconciliation Act

of 1993 to eliminate the suggested five-year limitation on promotion of a specific

branded product in a single market, and other administrative guidelines. Section 3102(d)

of the bill makes conforming amendments. (Section 3102)

The Senate amendment amends Title II of the Agricultural Trade Act of 1978 to

add a new Subtitle C — Priority Trade Promotion, Development, and Assistance. It

consolidates the MAP, FMD, de la Garza, and TASC programs under subtitle C. The

Senate amendment provides a total of $259.5 million in annual mandatory funding for the

Priority Trade Promotion, Development, and Assistance program, subject to the

allocation of $253.5 million as follows: MAP not less than $200 million annually; FMD

not less than $34.5 million annually; E (Kika) de la Garza Agricultural Fellowship

Program not more than $10 million annually; TASC not less than $9 million annually;

and the remaining balance of $6 million annually will be available for use among the four

programs, as determined by the Secretary under a new Priority Trade Fund. The Senate

amendment repeals current law authorizations for the MAP, FMD, TASC and de la Garza

programs, and makes several changes, including: clarifies definition of “emerging

market” to include a “territory, customs union, or other economic market” in addition to

the current law “country” for the de la Garza Fellowship Program; adds section 255(d) to

the Agricultural Trade Act of 1978 to authorize the Secretary to provide assistance under

TASC to a project for longer than a five-year period if the Secretary determines it would

effectively support the purpose of the program; and section 226(d) authorizes the use of

funds to carry out MAP and FMD in Cuba, consistent with directives under the National

Security Presidential Memorandum of June 16, 2017 entitled “Strengthening the Policy

of the United States Toward Cuba”, during the period in which that memorandum is in

effect. (Section 3201)

The Conference substitute adopts the Senate provision with an amendment that

consolidates the current MAP, FMD, TASC, and EMP programs under one Agricultural

Trade Promotion and Facilitation section in the Agricultural Trade Act of 1978. The

amendment provides a total of $255 million in annual mandatory funding subject to

allocation as follows: MAP not less than $200 million annually; FMD not less than $34.5

million annually; EMP not more than $8 million annually; TASC at $9 million annually;

and the Priority Trade Fund at $3.5 million annually to be distributed at the Secretary’s

discretion. Further, the substitute repeals section 1302 of the Omnibus Budget

Reconciliation Act of 1993 to eliminate the suggested five-year limitation on promotion

for specific branded product in a single market. (Section 3201)

The Managers intend for the consolidation of the Market Access Program, the

Foreign Market Development Cooperator Program, the Kika de la Garza Emerging

Markets Program, and the Technical Assistance for Specialty Crops Program under one

Agricultural Trade Promotion and Facilitation Program to establish permanent mandatory

funding for agricultural trade promotion activities. The Managers intend to maintain the

unique functions of each program.

The Managers recognize that specialty crops are uniquely challenged by sanitary

and phytosanitary barriers and other non-tariff barriers to trade, including a lack of

international harmonization for maximum residue levels (MRLs). While the Managers

affirm the importance of TASC in addressing these barriers, they recognize that the

TASC program has been underutilized in recent years. The Managers intend for the

Secretary to consider and, as necessary, make reforms to streamline the application,

approval, and compliance processes and requirements for eligible organizations,

particularly for smaller grants and shorter-term or time-sensitive projects. The Managers

direct USDA to have substantial, ongoing engagement with specialty crop stakeholders

and the Committees in carrying out the requirements of this section to improve the

program, including as USDA reviews program procedures and requirements and makes

improvements to streamline and facilitate assistance.

The Managers recognize that expanding trade with Cuba not only represents an

opportunity for American farmers and ranchers, but also a chance to improve engagement

with the Cuban people in support of democratic ideas and human rights. They note that

the June 2017 National Security Presidential Memorandum toward Cuba affirmatively

supports the sale of United States agricultural commodities and does not impair or

otherwise affect the authority otherwise granted by law to an executive department or

agency. The Managers expect that the Secretary will work closely with eligible trade

organizations to educate them about allowable activities to improve exports to Cuba

under the Market Access and Foreign Market Development Cooperator Programs.

(10) Food for Progress Act of 1985

The House bill reauthorizes the section through FY 2023, and adds colleges and

universities as defined by Section 1404(4) of the Food and Agriculture Act of 1977 (7

U.S.C. 3103(4)) as eligible entities to furnish commodities or provide financial assistance

under this section. (Section 3204)

The Senate amendment reauthorizes the section through FY 2023 and clarifies

that the Secretary retains the authority to administer the programs applicable to this

section. It adds land grant colleges and universities as defined by Section 1404 of the

National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3103) as eligible entities to furnish commodities or provide financial assistance under this

section and clarifies that when providing humanitarian or developmental aid, "internal"

transportation costs may be considered a covered expense. The section adds paragraph

(5) at the end of subsection (l) to require a certain amount of assistance be provided in

direct funds, in the amount of 30 percent of the funds of the “transportation cap”, 30

percent of existing administrative funds, and $26 million in funds of the Commodity

Credit Corporation for each of FY 2019 through FY 2023, specified to be used to pay for

any of the costs in paragraph (4). Additionally, the Senate amendment strikes existing

"Requirements" and instructs the Secretary to issue regulations and revisions to agency

guidance and procedures necessary to implement the amendments made to this section

within 270 days of enactment of this Act. The section instructs the Secretary to consult

with the Committee on Agriculture and the Committee on Foreign Affairs of the House

of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the

Senate relating to agency regulations, guidance and procedures that are to be revised

within 270 days of enactment of this Act. (Section 3301)

The Conference substitute adopts the House provision with an amendment

requiring the Secretary to include information on the "rate of return" for a commodity in

the annual report, and includes a section authorizing pilot agreements for FY 2019

through FY 2023 to directly provide financial assistance to eligible entities to cover the

costs of activities consistent with the humanitarian and development purposes listed in

(l)(4)(A). (Section 3302)

The Managers affirm the importance of Food for Progress in improving

agricultural productivity and strengthening food security in developing countries by

providing training and technical assistance to producers, developing extension services,

increasing access to quality inputs, improving access to capital, and numerous other

activities.

The Managers encourage the Secretary to use the pilot agreement authority to test

and evaluate the effectiveness of directly providing funds to eligible entities to implement

the same types of development activities that are typically funded by proceeds from

monetization under this program.

(11) Cochran emerging market fellowship program

The House bill amends section 1543 of the Food, Agriculture, Conservation, and

Trade Act of 1990 to clarify that the purpose of the fellowship includes enhancing trade

linkages involving regulatory systems governing sanitary and phytosanitary standards for

agricultural products, and permits study in foreign colleges or universities that have met

certain criteria including having sufficient scientific and technical facilities, having an

established partnership with at least one college or university in the United States, and

having substantial participation by U.S. faculty in the design of the fellowship curriculum

and classroom instruction under the fellowship. (Section 3206)

The Senate amendment amends section 1543 of the Food, Agriculture,

Conservation, and Trade Act of 1990 to add to the purposes of the program the

development of agricultural extension services and regulatory systems governing sanitary

and phytosanitary standards for agricultural products. It increases the authorization of

appropriations for the 3 country categories, respectively, to (1) $4 million, (2) $3 million,

and (3) $6 million. (Section 3304)

The Conference substitute adopts the Senate provision with an amendment that

permits study in foreign colleges or universities that have sufficient scientific and

technical facilities, have established a partnership with at least one college or university

in the United States, and have substantial participation by U.S. faculty in the design of the

fellowship curriculum and classroom instruction under the fellowship. (Section 3305)

The Managers intend to provide the Secretary discretion to improve program

efficiency by permitting fellowships to occur at a college or university located outside the

United States, subject to certain eligibility requirements, where appropriate. The

Managers expect the Secretary to work closely with Congress in implementing this

provision to ensure the original intent of the program is preserved.

(12) Borlaug International Agricultural Science and Technology Fellowship Program –

Developing country fellowship recipients

The House bill amends section 1473G to add a new authorization for fellowship

recipients from eligible developing countries to receive scientific training or study at a

college or university outside of the United States, subject to specific criteria. It authorizes

appropriations of $6 million for the Borlaug fellowship program and requires that not less

than $2.8 million appropriated be used for participants from eligible foreign countries.

(Section 3207)

The Senate amendment amends section 1473G to add the development of

agricultural extension services in foreign countries to the purpose of the program. It

requires the Secretary to encourage the ongoing engagement of prior fellowship

recipients to contribute to new or ongoing agricultural development projects, with a

priority for capacity-building projects. (Section 3305)

The Conference substitute adopts the Senate provision. (Section 3306)

(13) Borlaug International Agricultural Science and Technology Fellowship Program –

Proposed United States fellowships

The House bill adds a new subsection (a)(3) to section 1473G of the National

Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a new

program under which the Secretary shall provide U.S. citizens with fellowships, to assist

eligible countries in developing school-based agriculture and youth extension programs.

It requires that the new U.S. citizen fellowships develop globally minded U.S.

agriculturists with experience living abroad, focus on meeting the food and fiber needs of

eligible countries, and strengthen and enhance trade linkages between eligible countries

and the U.S. agricultural industry. The section authorizes the Secretary to provide

fellowships under subsection (a)(3) to U.S. citizens who hold at least a bachelor's degree

in an agricultural related field of study and have an understanding of U.S. school-based

agricultural education and youth extension programs. It requires the Secretary to consult

with the National FFA Organization, the National 4-H Council, and other entities to

identify candidates for fellowships. The section requires the Secretary to manage,

coordinate, evaluate, and monitor the fellowship program, either directly or by contract

with an outside organization with experience in implementing fellowship programs

focused on building capacity for school-based agricultural education and youth extension

programs in developing countries. (Section 3207)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

establishing the International Agricultural Education Fellowship Program in the

Agriculture Improvement Act of 2018 as a new program separate from the Borlaug

Fellowship Program, and authorizing appropriations for the program. (Section 3307)

The Managers recognize the importance of youth engagement in agricultural

development and intend for these fellowships to provide valuable opportunities to young

agriculturalists in eligible countries as well as international experience for emerging

American agricultural leaders.

(14) International food security technical assistance

The Senate amendment amends the Food, Agriculture, Conservation, and Trade

Act of 1990 by adding at the end of Title XV, a provision directing the Secretary to

compile and make available information on the improvement of international food

security. It authorizes the Secretary to provide technical assistance to certain entities to

implement programs for the improvement of international food security. (Section 3306)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 3308)

(15) McGovern-Dole international food for education and child nutrition program

The House bill amends the section by requiring, to the extent practicable, the

assistance provided under this section coincide with the start of the school year and is

available when needed throughout the relevant school year. It authorizes appropriations

in the existing amount through FY 2023. (Section 3205)

The Senate amendment directs the Secretary of Agriculture to ensure that

assistance provided under this section is provided in a timely manner and is made

available when needed throughout the applicable school year. It authorizes appropriations

in the existing amount through FY 2023. The section allows not more than 10% of

available funds to be used for commodities produced in and procured from a developing

country that is a recipient country or developing country within the same region of the

recipient country and that meet nutritional, quality and labeling standards of the recipient

countries, and allows funding to cover the associated costs of transporting those

commodities. (Section 3307)

The Conference substitute adopts the Senate provision. (Section 3309)

The McGovern-Dole program has successfully addressed hunger and

malnutrition, improved school attendance, and increased literacy and academic

achievement for children around the world. The Managers expect the Secretary to use the

new authority authorized in this provision to incorporate locally and regionally grown

commodities into multi-year McGovern-Dole programs, particularly in the final years of

a program, to support the transition to full local ownership and implementation.

The Managers strongly support the graduation of McGovern-Dole feeding

programs, while also recognizing less-developed countries may need additional, longer-

term assistance and should still be considered for inclusion in the program.

Additionally, the Managers encourage the Secretary to consider extending the

length of a project if the Secretary determines that a project needs additional time to

sustain the benefits and such an extension would support the overall purposes of the

program.

(16) Global Crop Diversity Trust

The House bill amends the Food, Conservation, and Energy Act of 2008 to

increase the authorized aggregate contribution of U.S. funds to the trust to 33% of the

total funds contributed from all sources. It authorizes appropriations at existing levels

through FY 2023. (Section 3208)

The Senate amendment reauthorizes section 3202 of the Food, Conservation, and

Energy Act of 2008 maintaining the 25% contribution limit. It authorizes appropriations

at existing levels through FY 2023. (Section 3308)

The Conference substitute adopts the House provision with an amendment

increasing the authorized contribution to 33% of total funds contributed from all sources

beginning in fiscal year 2019 and extending appropriations at existing levels through FY

2023, while limiting the annual contribution of funds to $5,500,000 for each of FY 2019

through FY 2023. (Section 3310)

The Managers affirm the importance of the Global Crop Diversity Trust for

ensuring the conservation and availability of genetic resources for food security

worldwide, while recognizing the importance of other international agricultural research

and development efforts including the Consultative Group for International Agricultural

Research (CGIAR) and Feed the Future Innovation Labs.

The Managers applaud the Trust for having raised contributions of over $367

million and concessional loans of more than $60 million from sources other than the

United States. The Managers expect the Trust to continue to secure substantial new

contributions to the endowment from other donors.

(17) Local and regional food aid procurement projects

The House bill reauthorizes appropriations at existing levels through FY 2023.

(Section 3201)

The Senate amendment amends section 3206(e)(1) of the Food, Conservation, and

Energy Act of 2008 to include the "Secretary" as the proper entity to receive

appropriations and reauthorizes appropriations at existing levels through FY 2023.

(Section 3309)

The Conference substitute adopts the Senate provision. (Section 3311)

(18) Foreign trade missions

The Senate amendment directs the Secretary of Agriculture to support greater

inclusion of Tribal agricultural and food products in trade-related activities. (Section

3310)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 3312)

(19) Findings

The House bill states the United States is the world's largest donor of international

food assistance, American farmers are instrumental in providing commodities, and due to

the efforts of the maritime industry and private organizations commodities have been

delivered to millions of people around the globe. The section provides the United States

should continue to use is agricultural productivity to promote foreign policy and enhance

food security around the world. (Section 3001)

The Senate amendment contains no comparable provision.

The Conference substitute does not include the House provision.

The Managers recognize that the United States has long been the world’s largest

donor of international food assistance, and that American farmers have been instrumental

in the success of United States international food assistance programs by providing an

affordable, safe, and reliable source of nutritious agricultural commodities.

Furthermore, the Managers commend the efforts of the United States maritime

industry and private voluntary organizations in delivering U.S. agricultural commodities

to millions of people in need around the globe.

(20) Labeling requirements

The House bill amends section 202(g) of Food for Peace to require agricultural

commodities and other assistance provided under this title, to the extent practicable, to be

clearly identified as being furnished by the people of the United States. The section

provides in the case of other assistance, that the identification take place on other printed

material accompanying the assistance. (Section 3002)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 3101)

The Managers intend for the Administrator of USAID to continue to use

discretion in applying this requirement in situations where labeling assistance furnished

by the United States could result in safety or security concerns.

(21) Issuance of regulations

The House bill amends section 207(c)(1) of the Food for Peace Act to strike "the

Agricultural Act of 2014" and inserts the "Agriculture Improvement Act of 2018" to

require regulations be issued within 270 days of enactment. (Section 3007)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 3106)

(22) Consideration of impact of provision of agricultural commodities and other

assistance on local farmers and economy

The House bill amends section 403 of the Food for Peace Act by adding “food

procured outside of the United States, food vouchers, or cash transfers for food" to the list

of types of assistance subject to market impact analysis prior to being provided to a

recipient country. It amends the section to clarify that consideration of storage facilities is

only necessary where the provision of an agricultural commodity is at issue. It amends

the section to include the distribution of "agricultural commodity or use of the food

procured outside of the United States, food vouchers, or cash transfers of food" as

considerations in the calculation of whether a substantial disincentive to, or interference

with, domestic production or marketing in that country will take place if that specific type

of assistance is provided. The section requires that in addition to commodities, the

Secretary or Administrator shall ensure that "food procured outside of the United States,

food vouchers, and cash transfers for food" will not have a disruptive impact on the

farmers or the local economy within the recipient country. (Section 3010)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 3109)

(23) Findings

The House bill states that U.S. export programs increase demand for U.S.

agriculture products in foreign markets, acknowledges that, comparatively, global

competitors are outspending the U.S. on export programs, and that preservation and

streamlining of the U.S. export market programs is consistent with USDA reorganization

efforts focusing on increasing U.S. agricultural trade across the globe. (Section 3101)

The Senate amendment contains no comparable provision.

The Conference substitute does not include the House provision.

United States trade promotion programs leverage federal dollars to significantly

bolster demand in foreign markets for United States agricultural products, which

increases agricultural export volume and overall net farm income. At the same time, our

global competitors continue to provide substantially more public support for export

promotion than is provided to our own agricultural exporters. Thus, the Managers

underscore the critical importance of maintaining support for U.S. agricultural trade

promotion efforts.

Finally, the Managers note the preservation and streamlining of United States

international market development programs complements the recent reorganization

within USDA by ensuring the newly established Under Secretary for Trade and Foreign

Agricultural Affairs has the tools necessary to enhance the competitiveness of the United

States agricultural industry on the global stage.

(24) Growing American Food Exports Act of 2018

The House bill amends section 1543A of the Food, Agriculture, Conservation,

and Trade Act of 1990 to assist with the removal of nontariff and other trade barriers to

U.S. agricultural products produced with biotechnology and other agricultural

technologies. It removes the restriction of section 102 of such Act relating to the

definition of agricultural commodities and states that "policy advocacy and targeted

projects" should address issues relating to U.S. Agricultural commodities produced with

the use of biotechnology or new agricultural technologies, advocacy for science based

regulation in foreign markets of biotechnology or new agricultural production

technologies, and quick-response intervention regarding non-tariff barriers to United

States exports produced through biotechnology or new agricultural production

technologies. (Section 3209)

The Senate amendment contains no comparable provision.

The Conference substitute modifies the House provision by expanding the

existing program to cover projects to address quick response interventions involving U.S.

agricultural commodities produced through new agricultural production technologies and

authorizes appropriations of $2,000,000 for each of FY 2019 through FY 2023. (Section

3301)

Additional Report Language

Bill Emerson Humanitarian Trust (Sec 3020)

The Managers affirm the importance of the Bill Emerson Humanitarian Trust as a

reserve to meet unanticipated emergency food assistance needs and are concerned that the

Trust has not been utilized since 2014 despite unprecedented food assistance needs in

recent years and the continued risk of famine in multiple countries. The Managers note

that the Trust, which currently holds over $280 million, can be used to purchase U.S.

commodities to assist in averting an emergency, responding to an emergency, and for

recovery and rehabilitation after an emergency. They urge USAID and USDA to consider

the Trust as a significant resource to meet those objectives.

Title IV – Nutrition

(1) Definition of certification period

The Senate amendment amends section 3 of the Food and Nutrition Act of 2008

(FNA) to allow a State agency to extend the supplemental nutrition assistance program

(SNAP) certification period for elderly and disabled households who have no earned

income at the time of certification to up to 36 months. (Section 4101)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(2) Food distribution program on Indian reservations

The House bill amends section 4(b) of the FNA by reauthorizing the Traditional

and Locally-Grown Food Fund in the Food Distribution Program on Indian Reservations

(FDPIR), adding the concept of regionally grown food, eliminating the requirement to

conduct a survey of traditional foods, and authorizing funds made available to carry out

FDPIR to remain available for obligation for a period of 2 fiscal years. (Section 4005)

The Senate amendment authorizes an 80 percent floor for the Federal share of

administrative costs and authorizes funds made available to carry out FDPIR to remain

available for obligation by the State agency or tribe for 2 fiscal years. The Senate

amendment also establishes a demonstration project for one or more tribal organizations

to enter into a self-determination contract to purchase agricultural commodities for

FDPIR. (Section 4102)

The Conference substitute adopts the House provision with amendments to

authorize an 80 percent floor for the Federal share of administrative costs, to specify that

funds made available to carry out FDPIR remain available for obligation by the State

agency or tribe for 2 fiscal years, and to establish a demonstration project for one or more

tribal organizations to enter into a self-determination contract to purchase agricultural

commodities for FDPIR. (Section 4003)

The Managers intend for tribal organizations to have an increased role in

procuring and distributing more locally, regionally and tribal produced foods under

FDPIR. The Managers encourage the Secretary of Agriculture to work with the Secretary

of the Interior and with Indian tribes to establish and determine the process and criteria

under which tribal organizations may participate in demonstration projects to purchase

agricultural commodities under FDPIR. The Managers also encourage the Secretary of

Agriculture to consult with the Secretary of the Interior regarding the familiarity with

self-determination contracts and with the capacity of tribal organizations to successfully

administer a demonstration project.

(3) Work requirements for supplemental nutrition assistance program

The House bill amends the FNA by creating a single work requirement in section

6(d) that requires SNAP household members age 18 to 59 to work, participate in

employment and training or a work program, or any combination of work, participation

in employment and training or a work program with a minimum of 20 hours per week in

fiscal years 2021 through 2025 and 25 hours per week in fiscal year 2026 and each fiscal

year thereafter. The House bill strikes the existing general work requirement in section

6(d)(1) and the existing able-bodied adult without dependents (ABAWD) work

requirement in section 6(o). The House bill limits the criteria that States may use to

request a geographic waiver of the work requirement, including requiring the approval of

the State’s chief executive officer, makes changes to the “15-percent” exemption criteria,

and decreases the “15-percent” exemption to 12-percent starting in fiscal year 2026.

The House bill amends section 6(d)(4) of the FNA to require States to offer

minimum services in employment and training so that every covered individual may meet

the new work requirements; adds case management to the definition of an “employment

and training program” (E&T program); and includes supervised job search programs,

apprenticeships, subsidized employment, family literacy, and financial literacy as

allowable components of E&T programs.

Furthermore, the House bill amends section 16(h) of the FNA to provide funds for

E&T at $90 million for fiscal year 2019, $250 million for fiscal year 2020, and $1 billion

for each fiscal year thereafter. The allocation of E&T funding is based on current law for

fiscal year 2019 and 2020, but for fiscal year 2021, and each fiscal year thereafter, the

allocation of E&T funds is based on the new work requirements in 6(d)(1)(B). The House

bill strikes the reallocation authority and requires the return of unused E&T funds to the

Treasury. The House bill also increases the minimum allocation of E&T funds from

$50,000 to $100,000. (Section 4015)

The Senate amendment retains the SNAP work requirements under current law

but consolidates those work requirements in the FNA by moving the ABAWD work

requirement from section 6(o) to section 6(d)(2). Section 6(d)(4) is amended to require a

State agency consult with the state workforce development board, private employers or

organizations in designing its E&T program and to require that its E&T program meet

state or local workforce needs. The Senate amendment adds a new requirement that an

E&T program containing a job search component contain at least 1 additional

component, and expands the definition of an E&T program to include any E&T pilot

activities under 16(h)(1)(F) that are determined effective at increasing employment or

earnings for participants. The Senate bill also authorizes workforce partnerships, which

are programs operated by private employers or non-profits that would provide

participants with at least 20 hours per week of training, work, or experience. The Senate

amendment requires the State agency to refer individuals determined to be ill-suited for

an E&T component to an appropriate E&T component or workforce partnership, to

reassess the mental and physical fitness of the individual, or to the maximum extent

practicable, to coordinate with other programs to identify work opportunities or

assistance for the individual.

The Senate amendment amends section 16(h) to authorize additional funds for

E&T pilot projects, $92.5 million for each of fiscal years 2019 and 2020, to remain

available until expended. The Senate bill authorizes 8 or more additional pilot projects,

prioritizing projects that target certain individuals, including those over age 50; formerly

incarcerated individuals; those in substance abuse treatment; and homeless, disabled, and

other individuals with significant barriers to employment; and projects that are integrated

and family-focused in providing supportive services. The Senate amendment also adds an

option for states to report data from workforce partnerships and includes new reporting

requirements to ensure that the E&T components are responsive to State or local

workforce needs. (Section 4103)

The Conference substitute adopts the House provision with amendments. The

amendments retain the general work requirement and ABAWD work requirement in

current law; strike modifications to the criteria that States may use to request a

geographic waiver of the work requirement; specify that the State’s request for a

geographic waiver have the support of the State’s chief executive officer; strike the

changes to the “15-percent” exemption criteria; and decrease the “15-percent” exemption

to 12-percent starting in fiscal year 2020.

The amendments require State agency consultation with the state workforce

development board or private employers or organizations in designing its E&T program

and for the E&T program to meet state or local workforce needs. Additionally, the

amendments expand the definition of an E&T program to include supervised job search

programs, apprenticeships, subsidized employment, and any E&T pilot activities under

section 16(h)(1)(F) that are determined effective at increasing employment or earnings

for participants. The amendments also authorize workforce partnerships operated by

private employers or non-profits that would provide participants with at least 20 hours

per week of training, work, or experience. The amendments require the State agency to

refer individuals who have been determined to be ill-suited to an E&T component to an

appropriate E&T component or workforce partnership, to reassess the mental and

physical fitness of the individual, or to coordinate with other programs to identify work

opportunities or assistance for the individual. The amendments also add an option for

States to report data from workforce partnerships.

The Conference substitute provides for an increase in funding for E&T under

section 16(h)(1) of the FNA from $90 million to $103.9 million for each fiscal year and

prioritizes the reallocation of unused E&T funding in the following manner: not less than

50 percent for E&T programs and activities currently being piloted under section

16(h)(1)(F) that have the most demonstrable impact on the ability of participants to find

and retain employment; not less than 30 percent for E&T programs and activities under

section 6(d)(4)(B)(i) that have the most demonstrable impact on the ability of participants

to find and retain employment and that are targeted to those 50 years of age or over;

formerly incarcerated individuals; those in substance abuse treatment; homeless,

disabled, and other individuals with significant barriers to employment; and households

facing multi-generational poverty; and any remaining funds for E&T programs and

activities under section 6(d)(4)(B)(i) that have the most demonstrable impact on the

ability of participants to find and retain employment. (Section 4005)

The Managers acknowledge that neither the Department nor Congress can

enumerate every ABAWD’s situation as it relates to possible exemption from the time

limit, and subsequently, the work requirement. States will maintain the ability to exempt

up to 12% of their SNAP population subject to ABAWD work requirements, down from

15%, and continue to accrue exemptions and retain any carryover exemptions from

previous years, consistent with current law. These exemptions are meant to excuse

individuals who need short-term reprieve from requirements or for those specific

populations the State determines should be excluded.

The Managers also acknowledge that waivers from the ABAWD time limit are

necessary in times of recession and in areas with labor surpluses or higher rates of

unemployment. The Managers intend to maintain the practice that bestows authority on

the State agency responsible for administering SNAP to determine when and how waiver

requests for ABAWDs are submitted. In response to concerns that have been raised by

some Members that State agencies have not fully communicated to the chief executive

their intent to request a waiver under section 6(o), the Managers have included a

provision to encourage communication between the State agency and the chief executive

officer of the State. The Managers agree that State agencies should have the support of

these officials in their application for waiver, ensuring maximum State coordination. It is

not the Managers’ intent that USDA undertake any new rulemaking in order to facilitate

support for requests from State agencies, nor should the language result in any additional

paperwork or administrative steps under the waiver process.

The Managers recognize the importance of E&T as a means to improve SNAP

participants’ ability to gain and retain employment and reduce reliance on public

assistance. The Managers expect USDA and State agencies to review and bolster the

quality and accountability of State E&T programs for SNAP participants.

The Managers revamped current E&T programming to include evidence-based

components that have proven to assist individuals in obtaining education credentials, and

gaining and retaining employment. Case management, including, but not limited to,

comprehensive intake assessments, individualized service plans, progress monitoring, or

coordination with service providers, is now a required component of all State E&T

programs. This is neither meant to be an impediment to the State nor the individual.

States should have options as to how to best serve their participants and ensure there is an

increased level of engagement and accountability for both the State and individual. The

Managers expect such case management activities by State agencies to be included in

State plan reporting requirements under section 11(e) of the FNA. Additionally, the

Managers agreed to allow supervised job search programs, subsidized employment, and

apprenticeships as additional E&T components. The Managers note that unsupervised job

search may be a subsidiary component for the purposes of meeting a work requirement,

only as long as such component is less than half the requirement. The Managers also

encourage States to establish a process for referral or reassessment of individuals subject

to an E&T requirement who were determined to be ill-suited to the E&T component to

which they had been referred.

The Managers expect State agencies to engage SNAP households, specifically

those without earned income at their point of recertification, to be aware of and promote

participation in available E&T options. The Managers acknowledge that earnings have

the potential to significantly improve the economic stability of households without earned

income, and expect States to leverage every opportunity to provide households with a

pathway forward.

The Managers encourage USDA and State agencies to continue pursuing effective

methods for SNAP participants to attain sustainable employment. To encourage

continued innovation by State agencies and incentivize result-driven activities, the

Managers amended the process for reallocation of unused E&T funds to go toward State

programs and activities that have demonstrated success in participants finding and

retaining employment and reducing reliance on public assistance. The Managers intend

for the reallocated funds to fund programs developed by the pilots authorized under the

Agricultural Act of 2014, new E&T activities, and programs that build upon effective

E&T components. The Managers encourage USDA to continually prioritize projects and

activities that focus on certain populations facing employment barriers, such as those

older than 50 years old; formerly incarcerated, disabled, or homeless individuals; and

those recovering from substance abuse. USDA should also prioritize projects with

family-focused approaches. The Managers intend to focus these reallocated resources on

programs and activities that are most effective, as measured by independent evaluations,

and that demonstrate upfront how these activities are sustainable and can be transitioned

into or adopted as part of currently allowable employment and training components.

The Managers included Department of Labor and Department of Veterans Affairs

E&T programs as part of the programs eligible to satisfy the SNAP work requirement, in

order to provide additional options to SNAP participants and encourage coordination

among federal E&T programs.

The Managers also encourage State E&T programs to increase coordination with

State Workforce Innovation and Opportunity Act (WIOA) workforce boards and local

employers when establishing and evaluating programs to increase program accountability

and maximize the ability for SNAP participants to meet any work requirements. The

Managers strongly encourage State agencies to engage and seek input from local

employers when designing and selecting E&T programs to ensure the skills being offered

are those that are needed and match the local workforce needs.

The Managers expect workforce partnerships (WFPs) to serve as an option for

individuals to fulfill work requirements under SNAP. The Managers intend for WFPs to

provide a non-government option for E&T programming, through nonprofit or private

organizations to supplement—not supplant—Federal and State E&T programs for SNAP

participants.

The Managers intend to allow private employers, organizations of private

employers, or non-profit organizations that provide quality, work-relevant skills, training,

or experience to qualify as a WFP, which will fulfill work or training requirements for

SNAP participants.

While enrollment by SNAP participants is voluntary, the Managers expect

participation in WFPs to fulfill either mandatory or voluntary work requirements. WFPs

are intended to allow businesses to provide more industry-specific training or soft skills

workforce preparation for individuals. WFPs are also intended to allow non-profit

organizations that provide quality, work-related training to qualify as E&T programs.

The Managers expect that an organization may establish or have an ongoing

training program certified as a WFP by a State or USDA if the program:

(A) provides work-related training or experience of 20 or more hours per week;

(B) will serve as a reference for the participant fulfilling work requirements or for

future employment; and

Once certified, a WFP’s reporting should be limited to notifying a State agency when a

SNAP participant enters or leaves the program or is no longer meeting the program’s

requirements. While State agencies may refer applicants to a WFP, a WFP should be

allowed to maintain an independent application and screening process.

The Managers intend for WFP providers to be allowed to receive grants or

funding through other sources and partner with non-profit organizations, community or

technical colleges, a consortium of private employers, or industry and trade associations.

(4) Improvements to electronic benefit transfer system

The House bill amends section 7(h)(2) of the FNA to require the Secretary to

review and modify regulations related to evolving electronic benefit transfer (EBT)

technology and to develop standards using risk-based measures to maximize the security,

ease of use, and effectiveness of the technology. (Section 4016)

The House bill amends section 7(h)(14) by requiring that before the Secretary

authorizes use of mobile technologies to access SNAP benefits in all States, the Secretary

shall approve no more than five demonstration projects that will pilot the use of mobile

technologies, while maintaining recipient protections and access. (Section 4017).

The House bill amends section 7(h)(13) to prohibit States, and agents, contractors,

and subcontractors of the State from imposing fees for switching or routing EBT

transactions. (Section 4018)

The House bill amends section 7(d) of the FNA to expand the entities over which

the Secretary shall implement controls related to the delivery of benefits. Section 9(c) is

amended to authorize the Secretary to require that applicant retailers submit contracts for

EBT services and equipment and records necessary to validate the FNS authorization

number to accept and redeem benefits. (Section 4022)

The House bill amends section 7(h)(8) of the FNA to require the head of

household to review program rights and responsibilities after two or more lost cards in a

12-month period. (Section 4019)

Finally, the House bill amends section 7(h)(12) to: (1) require a State to establish

a procedure for the recovery of benefits due to the death of all members of the household;

(2) modify the time period for benefit storage from 6 months to 3 months for inactivity;

and (3) modify the time period for expunging benefits from 12 months to 6 months or

upon verification all members of the household are deceased. (Section 4020)

The Senate amendment: (1) amends section 7(h) by inserting a new authority

regarding prohibited fees, effective through fiscal year 2022; (2) adds a new authority to

section 7(f) to allow a farmers market or direct marketing farmer to operate a point of

sale device at more than one location if certain requirements are met; (3) directs GAO to

study the state EBT systems and evaluate fees, outages, emerging entities and

technologies, and entities that participate in the EBT system, and submit findings to

Congress; (4) requires the Secretary to conduct a review of EBT systems and issue

guidance or regulation based on the findings of the GAO study and the Secretary’s

review; and (5) allows the Secretary to require applicant retailers to submit EBT

equipment information and requires that the Secretary also consider information about

the ability of an applicant retailer’s EBT equipment and service provider to provide

sufficient EBT data to minimize fraudulent transactions. (Section 4104)

The Conference substitute adopts the House provision with amendments (1)

prohibiting the imposition of fees for switching and routing EBT transactions through

fiscal year 2023; (2) striking the House expansion of the parties for which the Secretary

shall implement controls over related to the delivery of benefits; (3) striking the House

requirement that the head of household review program rights and responsibilities after

two or more lost cards in a 12-month period; (4) allowing a farmers market or direct

marketing farmer to operate a point of sale device at more than one location if certain

requirements are met; (5) allowing the Secretary to require applicant retailers to submit

EBT equipment information; (6) requiring that the Secretary consider information about

the ability of an applicant retailer’s EBT equipment and service provider to provide

sufficient EBT data to minimize fraudulent transactions; and (7) making other technical

changes. (Section 4006)

The Managers recognize that the acceptance of SNAP benefits at farmers markets

has increased participants’ access to fresh, healthy food while improving sales for local

farmers. In 2017, over $22.4 million in SNAP benefits were redeemed by farmers

markets or direct marketing farmers. While this represents a significant expansion over

previous years, these transactions remain a small percentage of total SNAP transactions.

A persistent challenge to increasing SNAP acceptance at farmers markets has

been the cost and availability of wireless EBT point-of-sale equipment. This barrier has

been compounded by the recent announcement that a major provider of mobile EBT

technology plans to discontinue service. The Managers direct the Secretary to take

appropriate action to ensure that EBT service is not disrupted and SNAP customers

maintain the ability to use their benefits at farmers markets.

Another challenge is the requirement for each farmers market location to obtain

its own EBT authorization and equipment, even if the locations are operated and

managed by a single organization. The Managers intend for the Secretary to allow a

farmers market or direct-marketing farmer to operate an individual point-of-sale device at

more than one location under the same SNAP authorization, while maintaining

appropriate safeguards to ensure program integrity.

The Managers are aware that some State-contracted EBT processors are charging

switching or routing fees in connection with the routing of SNAP benefits. These fees

require retailers and/or those routing transactions on behalf of retailers (often referred to

as third party processors) to pay for switching or routing EBT transactions to the State

EBT processor that handles the client EBT account. These fees may seek to offset

artificially low cost-per-case-month fees that are bid as part of State contracts, and

therefore, adversely affect competition among existing or new EBT processors. So, for

the next five years, in the interest of maintaining competitiveness for EBT transaction

routing, the Managers extend existing statutory prohibitions against the charging of fees

by State-contracted EBT processors in connection with the redemption of SNAP benefits

to include the charging of gateway switching or routing fees to SNAP authorized retailers

or their third party processors. This five-year prohibition will provide interim certainty

while allowing stakeholders to coordinate and find practical compromise.

The Managers recognize USDA has existing authority to review State EBT

systems, as well as fees, outages, emerging entities and technologies, and the

participating entities within the EBT system. The Managers also understand the Secretary

has begun a feasibility study related to a potential national gateway system. In addition to

the gateway study, the Managers strongly encourage the Secretary to review other

components within the EBT system, including, but not limited to, security, use of

innovative technology, and improved monitoring.

The marketplace continues to develop innovative technologies, such as third-party

mobile applications, which can assist SNAP participants with managing their benefits.

The Managers encourage USDA to use existing authority to review the effectiveness of

third-party mobile applications for SNAP EBT cards and to inform States on how to

ensure these new technologies have a secure system in place to protect personal account

information; do not sell, distribute or make available personal account information for

commercial marketing purposes; and that participants have consistent access to

information that would otherwise be made available to that household member.

Although the Managers agreed to reduce the time limit before benefits are stored

and expunged, the intent is for SNAP participants to be provided appropriate opportunity

to restore benefits after they have been stored and before they are expunged. Further,

when determining whether clients have used their benefits within the required

timeframes, the Managers direct States to track account activity using the “first in, first

out” method.

(5) Requirements for online acceptance of benefits

The House bill amends section 3(o)(1) of the FNA to include online entities

within the definition of retail food store. It also amends section 7(k) to strike the required

report to Congress and require the nationwide implementation of the online acceptance of

benefits post-pilot. (Section 4021)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 4001)

The Managers recognize the importance of modernizing SNAP to improve the

efficiency of the program through online redemption of benefits. While the online pilots

at USDA have yet to begin, in spite of the deadline established by the Agricultural Act of

2014, the Managers encourage the Secretary to promptly implement those pilots and

adopt online acceptance nationwide following completion of such pilots. In order to

expedite nationwide implementation, the Managers agreed to remove the reporting

requirement from the online pilots. The Managers expect USDA to continue to

incorporate appropriate protections and monitoring to ensure program integrity.

(6) National gateway

The House bill requires the Secretary to create a national gateway through which

to route all SNAP EBT transactions. Prior to implementing the national gateway in all

States, the Secretary is required to conduct a feasibility study. The House bill authorizes

$10.5 million for fiscal year 2019 and $9.5 million for each of fiscal years 2020 through

2023, and requires benefit issuers and third-party processors to pay fees, proportionate to

the number of transactions and operating costs, to the gateway operator. (Section 4022)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(7) Supplemental nutrition assistance program benefit transfer transaction data report

The House bill amends section 9 of the FNA by authorizing the Secretary to

collect a statistically significant sample of SNAP retailer transaction data, including the

cost and description of food purchased with SNAP, to the extent practicable. The House

bill also exempts certain transaction data from the Freedom of Information Act disclosure

requirements. (Section 4026)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(8) Required action on data match information

The Senate amendment requires State agencies to contact the household to clarify

or verify, if applicable, certain information relating to household circumstances received

from data matches for the purpose of ensuring an accurate eligibility and benefit

determination. (Section 4106)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 4009)

Procedures for required action on data matches have been established through

regulation at 7 CFR 273.12(c)(3). The Managers do not intend for the Department to

change or reconsider this regulation. Rather, this provision is intended to codify existing

regulation and make a conforming change to address the establishment of the National

Accuracy Clearinghouse.

(9) Transitional benefits

The House bill requires State agencies to provide transitional SNAP benefits to

households that cease to receive cash assistance through TANF or to households with

children that cease to receive cash assistance through a State-funded public assistance

program, for 5 months after the date on which cash assistance is terminated. (Section

4024)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(10) Incentivizing technology modernization

The House bill modifies the eligibility for grants under section 11(t) to limit

grants to projects to develop and implement SNAP simplified application and eligibility

determination systems. (Section 4025)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

making technical changes. (Section 4010)

(11) Interstate data matching to prevent multiple issuances

The House bill requires an interstate database or system of databases to prevent

participants from receiving duplicative benefits in multiple States, and includes state data

collection and requirements to submit uniform data to USDA, including for each member

of a participating household: social security number, employment status, amount of

income, the member’s portion of the household monthly allotment, and portion of

household assets attributed to that member. (Section 4001)

The Senate amendment requires data matching through an interstate data system

to prevent simultaneous issuance of benefits to an individual by more than one State.

(Section 4109)

The Conference substitute adopts the House provision with amendments that

include parts of the Senate amendment to protect participant privacy and that make

technical changes. (Section 4011)

The amendments also modify the House provision that requires state data

collection by instead requiring the Secretary to approve the establishment of longitudinal

databases for research purposes that include, if available, household demographic

characteristics, income and financial resources, employment status, household

circumstances such as deductible expenses, and the monthly SNAP allotment amount,

while protecting participant privacy. To award grants to States to establish and maintain

the longitudinal databases, the Secretary is provided $20 million for fiscal year 2019 to

remain available through fiscal year 2021 and $5 million for fiscal year 2022 and each

fiscal year thereafter. (Section 4015)

The Managers intend to build upon the successful pilot program authorized under

the Agricultural Act of 2014 to prevent duplicate, simultaneous receipt of SNAP benefits

in two or more States. The Managers recognize that certification in more than one State is

frequently due to a household moving between States and the State failing to properly

close or adjust benefits as a result of household relocation, not a household committing

fraud. The Managers expect the expansion of the National Accuracy Clearinghouse will

create efficiencies in the process by which States address this issue. However, the

Managers do not intend for this data matching to impede access to SNAP or delay

certification of eligible households. The Managers provide discretion to the Secretary to

determine the most effective system and vendor(s) to carry out this section. The

Managers expect State agencies to participate in and take action on data matching that

indicates multiple benefit issuances, consistent with required action on data match

information (Section 4009) in the conference substitute agreement.

The Managers intend for longitudinal databases to better assess households’

participation in SNAP and SNAP program operations, and to improve SNAP program

design and effectiveness. The Managers intend for the creation of State-based

longitudinal databases to improve research on participation in the program, including

duration of participation in SNAP. Longitudinal data can serve as an important

measurement of program impact and success, and can be used by States and the Secretary

to improve program administration. This provision directs the Secretary to establish a

database framework to maximize potential consistency among States and, in addition to

administrative cost share, incentivize States to develop and maintain databases through

grant allocation. The Managers recognize that State computer systems and certification

processes may vary between States and some variations will need to be accommodated.

The Managers also ask that, to the maximum extent practicable, States strive to

include all households in the datasets. While ensuring minimal burden on States and

program participants is paramount, robust sets of data are important in informing future

policy. However, this is not intended to preclude the funding of longitudinal databases in

States that are not able to include all households or participants within the State. The

Managers expect that all States that have an interest in creating a database will be given

an opportunity to participate, even if the State is not able to include all SNAP households

or faces higher data management costs due to population size. The Managers intend for

longitudinal databases to be established on the initiative of the State, and encourage

States that establish longitudinal databases to do so in a thoughtful, deliberate manner,

with adequate consideration of potential data uses and needed security practices.

The Managers expect the Secretary to direct and States to ensure personally

identifiable information is not used or stored in longitudinal databases of SNAP

participants. Further, the Managers urge the Secretary to adopt the highest practical

privacy and data security standards for any approved data to be used in any longitudinal

database storage systems operated by States or using Department funds. The Managers

encourage the Department to consult with other Federal agencies, such as the Census

Bureau and the Treasury Department about how those agencies have protected the

identity of individuals whose information is contained in Federal databases.

The Secretary should allow for the sharing of aggregated information not

including personally identifiable information by States from a longitudinal database to

researchers who are qualified and have the capacity to protect such data. However, the

Managers intend for the data stored in longitudinal databases to be subject to neither

Federal nor State Freedom of Information Act requests.

The Managers do not intend for this section to restrict States that have already or

will in the future establish their own longitudinal databases in accordance with other

provisions of the Food and Nutrition Act of 2008. Further, the Managers encourage the

Secretary and States establishing new longitudinal databases to utilize the lessons learned

by States that have already established longitudinal databases.

(12) Income verification

The Senate amendment requires pilot projects in up to 8 states to test strategies to

improve the accuracy or efficiency of the income verification process, and fund projects

at $10 million total. (Section 4107)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(13) Retail incentives

The House bill amends the FNA to establish a pilot project through which

authorized retail food stores may provide bonuses to participating SNAP households

based on household purchases of fruits, vegetables, and fluid milk. Retail food stores

participating in the pilot project may be reimbursed in an amount not to exceed 25

percent of the dollar value of bonuses earned by households and used to purchase SNAP-

eligible foods. The House bill provides the Secretary with not more than $120 million

each fiscal year for such reimbursements. (Section 4002)

The Senate amendment amends section 9 of the FNA to direct the Secretary to

promulgate regulations to clarify the process by which retailers may seek a waiver to

offer an incentive for the purchase of certain foods recommended for increased

consumption by the Dietary Guidelines for Americans. (Section 4105)

The Senate amendment also amends section 17 of the FNA to establish pilot

projects to increase the purchase of fluid milk in a manner consistent with the Dietary

Guidelines for Americans, and authorizes appropriations of $20 million to remain

available until expended. (Section 4108)

The Conference substitute adopts the House provision with amendments to strike

(1) the reimbursement to retail food stores participating in pilot projects for not more than

25 percent of the dollar value of bonuses earned by household and used to purchase

SNAP-eligible food and (2) the $120 million funding authority. The amendments

authorize fluid milk incentive projects to increase the purchase of fluid milk; specify that

the Secretary shall issue guidance to clarify the process by which retail food stores may

seek waivers to offer an incentive for the purchase of fruits, vegetables, whole grains, or

dairy (or products thereof) that are staple foods identified for increased consumption

consistent with the most recent dietary recommendations; and make other technical

changes. (Sections 4008 and 4208)

The Managers recognize the necessity of the public-private partnership between

USDA and retail food stores to implement SNAP, and encourage retailers to offer

incentives for the purchase of fruits, vegetables, whole grains, and dairy staple foods with

SNAP benefits. While the Managers understand that USDA currently allows retail food

stores to offer incentives under a waiver, the waiver requests are not widely understood

or utilized. The Managers encourage USDA to develop a more formal process to engage

a variety of retailers, and provide incentive options to a broader SNAP population. This

provision is not intended to permit retailers to waive any other aspects of SNAP equal

treatment.

(14) Adjustment to percentage of recovered funds retained by states

The House bill amends section 16(a) of the FNA to allow States to retain 50

percent of recovered funds, instead of 35 percent, and limits the use of such funds to

carrying out SNAP, including technology investments, improvements in administration

and distribution, and fraud prevention. (Section 4027)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(15) Quality control

The House bill amends section 11(a)(3) of the FNA to require that State agencies

provide the Secretary with access to entire state information systems containing SNAP-

related records for inspection and audit, subject to data and security protocols agreed to

by the State agency and Secretary. The provision amends section 16(c) to require State

agencies to provide the Secretary with the records and access to the entire information

systems in which such records are contained necessary to determine the State’s payment

error rate. The House bill also amends section 16(g) to add to the list of criteria for

receiving federal administrative cost-share for the planning, design, development,

installation, and operation of state information systems, a requirement that the Secretary

be provided with access to the entirety of such system. (Section 4023)

The Senate amendment is substantially similar to the House bill, but without the

requirement that data and security protocols be agreed to by the State agency and

Secretary, without the amendment to section 16(c) to require access to entire information

systems necessary to determine the State’s payment error rate, and with technical

differences. (Section 4110)

The Conference substitute adopts the House provision with amendments making

technical changes. (Section 4013(a), (c), and (e))

The Managers recognize the oversight and administration problems with the

quality control (QC) process identified over the last several years, both at the Federal and

State level, which resulted in a multi-year gap in publication of SNAP error rates. The

Managers acknowledge the Office of Inspector General audit of the Food and Nutrition

Service (FNS) and State QC processes for fiscal year 2011 and fiscal year 2012, as well

as the subsequent Department of Justice investigation of the use of a third-party

contractor in 20 States.

The Managers recognize the updates and improvements to the QC process made

by FNS through clarified guidance, corrective action plans with States, and the

publication of a fiscal year 2017 error rate. The Managers intend to reinforce these efforts

to obtain statistically-valid data, and intend for States to cooperate in the QC process by

making data available to FNS when requested.

The federal government has a responsibility to evaluate SNAP for program

improvement, program access and program integrity. In order to do so, USDA needs

sufficient access, in accordance with agreements with States, to State systems and

records. In particular, this allows for more transparency and a greater ability to detect and

reduce errors and fraud. The Managers direct USDA to access records and information

systems and, as appropriate, to better manage the program in this regard.

(16) Quality control

The House bill amends section 16(c) of the FNA by reducing the tolerance level

for payment errors from $37 to $0 and by changing the criteria for when the State is held

liable for its payment error rates. (Section 4028)

The House bill amends section 16(d) by eliminating the $48 million performance

bonuses beginning in fiscal year 2019 while retaining requirements regarding

performance criteria including actions taken to correct payment errors, reduce error rates,

and improve eligibility determinations. (Section 4029)

The Senate amendment amends section 16(c) by providing authority regarding

quality control system integrity, including directing the Secretary to issue interim final

regulations within 180 days and requiring the Secretary to debar any person who

knowingly submits or causes to be submitted false information to the Secretary. The

Senate amendment also requires that starting for fiscal year 2018 performance, $48

million in performance bonuses be reduced to $6 million for each fiscal year for

application processing timeliness. (Section 4110)

The Conference substitute adopts the House provision with amendments that

strike the changes to the tolerance level for payment error, that strike the changes to when

States are held liable for payment error rates, that include authority regarding quality

control system integrity, that specifies performance bonuses are eliminated starting for

fiscal year 2018 performance, and that make other technical changes. (Section 4013(b)

and (d))

The Managers also recognize the role that performance bonuses have historically

played in motivating States to pursue low error rates, but acknowledge that some States

have implemented problematic practices in recent years. As a result, the Managers chose

to eliminate bonuses awarded based on error rates. States will continue to be held

responsible for administering SNAP, and legally bound to processing applications in a

timely manner, ensuring households receive the accurate amount of SNAP benefits, and

making certain the program is administered in the most effective and efficient manner.

The Managers intend State performance indicators to include case and procedural error

rates (CAPERs) and metrics on timeliness of application processing and program access.

(17) Requirement of live-production environments for certain pilot projects relating to

cost sharing for computerization

The Senate amendment amends section 16 of the FNA to require that State

agencies test the automatic data processing and information retrieval systems in a live

production environment prior to implementation. (Section 4111)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 4012)

The Managers intend to provide cost-sharing funds for State agencies to test

changes to state SNAP systems through the use of “live” pilots and receive approval from

the Secretary prior to fully implementing changes to state SNAP systems. The Managers

intend for this testing and approval to address concerns with recent cases of State

agencies adopting changes or implementing integrated eligibility systems that have

resulted in errors in benefits issuances.

(18) Public-private partnerships

The House bill amends section 17 of the FNA to allow the Secretary to conduct

pilot projects to support public-private partnerships that address food insecurity and

poverty, and authorizes appropriations of $5 million to carry out such projects (Section

4030)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendments to

require an independent evaluation of the public-private partnership pilot projects and to

make other technical changes. (Section 4021)

SNAP, by design, is a partnership between public and private entities, with the

goal of reducing food insecurity. The Secretary may permit not more than 10 eligible

entities to carry out pilot projects that support these necessary cooperative arrangements.

The Managers agree that any and all of these pilots must address food insecurity and

poverty by improving the coordination of programs that promote independence, develop

contextualized solutions to poverty, and strengthen the capacity for regions/communities

to address and mitigate food insecurity and poverty. Additionally, the Managers expect

independent evaluations of these projects to ensure a robust and impartial assessment of

activities, best practices, and overall effectiveness of the pilots.

(19) Assistance for community food projects

The Senate amendment provides $5 million for fiscal year 2019 and each fiscal

year thereafter for Community Food Projects. (Section 4113)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 4017)

(20) Nutrition education state plans

The House bill amends section 28 of the FNA: (1) to require that the Secretary,

acting through the Director of the National Institute of Food and Agriculture (NIFA), in

consultation with the FNS Administrator, implement a nutrition education and obesity

prevention program; (2) to provide annual funding to 1862 and 1890 institutions to

deliver nutrition education services that, to the extent practicable, provide for the

employment and training of professional and paraprofessional aides to engage in direct

nutrition education, and to partner with other public and private entities to optimize

program delivery; (3) to allow State agencies to use SNAP 50/50 administrative funds to

prepare state plans on nutrition education and to notify eligible participants about the

availability of the program; (4) to increase mandatory funding for the program to $485

million beginning in fiscal year 2019, indexed to inflation; (5) to allow for reallocation of

unexpended funds to other eligible institutions during the fiscal year or subsequent fiscal

year; (6) to authorize additional appropriations for the program of $65 million for each of

fiscal years 2019 through 2023; (7) to update the allocation of funds so that, beginning in

fiscal year 2019, funds are allocated based solely on States’ SNAP populations; and (8) to

limit administrative costs for eligible institutions to 10 percent.

The House provision also amends section 18 to reflect the repeal of the Expanded

Food and Nutrition Education Program (EFNEP) by section 7110 of the House bill.

(Section 4033)

The Senate amendment: (1) requires that the state plan describe how the State

agency will use an electronic reporting system to evaluate SNAP-Ed projects; (2) requires

increased coordination with the expanded food and nutrition education program and

additional consultation with the Director of NIFA; and (3) requires the State agency to

submit an annual evaluation report. (Section 4114)

The Conference substitute adopts the Senate provision with amendments to (1)

require that the electronic reporting system used to evaluate SNAP-Ed projects also be

used to account for State agency administrative costs; (2) establish an information

clearinghouse to share best practices ensuring that SNAP-Ed projects are appropriate for

the target population; (3) require the Secretary to provide technical assistance to State

agencies in developing and implementing a SNAP-Ed state plan; (4) require an annual

State report to the Secretary; (5) require an annual federal report to Congress that

includes an evaluation of the level of coordination between SNAP-Ed, EFNEP, and other

USDA nutrition education programs; and (6) make other technical changes. (Section

4019)

The Managers recognize the importance of offering nutrition education, especially

in conjunction with SNAP benefits. The Managers also recognize the role of partner

organizations who implement nutrition education programs. The Managers note that

SNAP-Ed programs are not evaluated in a standardized manner across States or partner

organizations. However, the Managers expect both States and partner organizations to

make improvements to the evaluation process of their SNAP-Ed programs and to

leverage evaluation results to deliver nutrition education in the most effective manner.

When appropriate, partners are encouraged to share longitudinal data, especially for

multiyear projects. The Managers intend for States to use the Information Clearinghouse

to share best practices in planning, implementing, and evaluating SNAP-Ed programs.

The Managers encourage nonprofit partners to work with research-capable organizations

to improve program evaluations.

The Managers recognize the role of land grant colleges and universities in

implementing, evaluating, and improving nutrition education, whether through SNAP-Ed

or EFNEP. The Managers expect those implementing SNAP-Ed and EFNEP to

coordinate programming, as appropriate, to efficiently serve target populations without

duplicating efforts.

The Managers also expect that States provide an accounting of allowable State

agency administrative costs. This is necessary to ensure all program funds are used in the

most appropriate manner and that beneficiaries of nutrition education receive the most

effective programming and services. The Managers expect USDA to work with States to

provide appropriate aggregated data in a way that does not increase the administrative

burden related to reporting.

(21) Emergency food assistance

The House bill amends section 27 of the FNA by increasing the Emergency Food

Assistance Program (TEFAP) entitlement commodity funding. The House bill extends

funding authority at $250 million per year, adjusted for Thrifty Food Plan (TFP) changes,

through fiscal year 2023, in addition to $60 million in funds starting in fiscal year 2019,

the total of which is adjusted by changes from the June 2018 TFP in subsequent fiscal

years. The House bill also establishes a Farm-to-Food-Bank fund, which authorizes $20

million to be distributed to States to procure, or to enter into agreements with food banks

to procure, excess fresh fruits and vegetables grown in the State or surrounding region to

be provided to eligible recipient agencies under section 201A(3) of the Emergency Food

Assistance Act of 1983. (Section 4032)

The Senate amendment increases the TEFAP entitlement commodity funding by

extending funding authority at $250 million per year, adjusted for TFP changes, through

fiscal year 2023, added to the following: for fiscal year 2019, $23 million and for each of

fiscal years 2020 through 2023, $35 million. Funding for fiscal year 2024 and each

subsequent fiscal year will be indexed from the fiscal year 2023 funding level.

The Senate amendment amends the Emergency Food Assistance Act of 1983 to

provide $4 million per year in mandatory funding through fiscal year 2023 for State

agencies to partner with emergency feeding organizations to establish projects to harvest,

process, or package unharvested, unprocessed, or unpackaged commodities that are

donated by agricultural producers, processors, or distributors and to pay for up to 50

percent of the cost of such projects. It also provides emergency feeding organizations and

eligible recipient agencies the opportunity to provide input on the commodity needs and

preferences of those entities. Additionally, the Senate amendment requires the Secretary

to issue guidance outlining best practices to minimize food waste of donated commodities

and reauthorizes TEFAP infrastructure funding through fiscal year 2023. (Section 4115)

The Conference substitute adopts the Senate provision with an amendment

specifying that projects to harvest, process, or package unharvested, unprocessed, or

unpackaged donated commodities also include the transportation of such commodities.

(Section 4018)

The Managers support State efforts to channel unused, raw agricultural

commodities or food from commercial sources into food donations and to minimize food

waste in the food donation process. The Managers intend for funding provided for such

efforts to be used to convert raw commodities, unprocessed foods, or other foods that are

not in a consumable or shelf-stable form to be used or stored by emergency feeding

organizations. The funds for such projects are not intended to be used for food or

commodity purchases, since such funds are already provided through separate funding for

TEFAP. The Managers intend for any funds provided for transportation under subsection

(d) to be used to support a project under this subsection, not for transportation related to

other activities within TEFAP.

The Managers expect the guidance to include best practices to minimize food

waste within the procurement, processing, and distribution of food donations to State

agencies and emergency feeding organizations.

The Managers encourage State agencies to engage stakeholders, including

emergency feeding organizations and eligible recipient agencies, in the development of

the State plan, especially when determining selection of USDA commodities, in order to

best meet State and local needs.

(22) Retail food store and recipient trafficking

The House bill amends section 29 of the FNA by extending to fiscal year 2023 the

authorization of appropriations for tracking and preventing SNAP trafficking using data

mining technologies. (Section 4034)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 4020)

(23) Technical and conforming amendments

The House bill provides technical corrections. (Section 4035)

The Senate amendment provides technical corrections. (Section 4116)

The Conference substitute adopts the House provision. (Section 4022)

(24) Re-evaluation of thrifty food plan

The House bill amends section 3(u) of the FNA to, by 2022, and at five-year

intervals, require a re-evaluation and publication of the TFP based on current food prices,

food composition data, and consumption patterns. (Section 4004)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

specifying that the re-evaluation of the TFP also be based on dietary guidance. (Section

4002)

SNAP benefits are based on USDA calculations of the cost of food. However,

SNAP benefits can become out-of-date based on inconsistent review of the TFP. The

Managers require that the TFP be re-evaluated every five years to ensure it reflects

current eating habits of Americans, including patterns of food preparation, and the items

most often purchased by consumers.

(25) Update to categorical eligibility

The House bill amends section 5(a) and 5(j) of the FNA such that categorical

eligibility may only be used in instances where a beneficiary is receiving either cash

assistance or ongoing and substantial services such as transportation, childcare,

counseling, or other services funded under part A of title IV of the Social Security Act

with an income eligibility limit of not more than 130 percent (200 percent for elderly or

disabled) of the poverty line. (Section 4006)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(26) Basic allowance for housing

The House bill amends section 5(d) of the FNA to exclude up to $500 of a

housing allowance received under section 403 of title 37 of the United States Code from

the calculation of income when determining SNAP eligibility, and amends section

5(e)(6)(A) of the FNA so a household that receives an allowance under section 403 of

title 37 of the United States Code can only claim expenses in excess of that allowance

when determining the household’s expenses for the excess shelter deduction. (Section

4007)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(27) Earned income deduction

The House bill amends section 5(e)(2)(B) of the FNA to increase from 20 to 22,

the percentage of a household’s earned income that may be deducted for purposes of

calculating income when determining SNAP eligibility. (Section 4008)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(28) Simplified homeless housing costs

The House bill amends section 5(e)(6)(D) of the FNA to require that States

provide a simplified homeless housing deduction of $143, adjusted for inflation, for

homeless households who are not receiving free housing during the month and not

claiming an excess shelter expense deduction under section 5(e)(6)(A). (Section 4009)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 4004)

In order to ensure equal treatment across States, the Managers agree that homeless

households that are not receiving free shelter throughout the month should receive a

standardized deduction of $143.

(29) Availability of standard utility allowances based on receipt of energy assistance

The House bill amends section 5(e)(6)(C) of the FNA by limiting the availability

of the standard utility allowance for heating and cooling costs to those households

consisting of an elderly or disabled member and amends section 5(k)(4) of the FNA so

that third party energy assistance payments are considered money payable directly to

households without an elderly or disabled member for purposes of calculating exclusions

to income, and are no longer considered out-of-pocket expenses for such households for

determination of the excess shelter expense deduction. (Section 4010)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(30) Child support; cooperation with child support agencies

The House bill amends section 5(e) of the FNA by striking the State option to

provide a deduction from income for child support payments, therefore requiring all

States to provide an exclusion for child support payments. It amends sections 6(l) and

6(m) of the FNA, striking the State option to require child support cooperation for

custodial and noncustodial parents, thus requiring cooperation. The House bill also

strikes section 6(n), eliminating the State option to disqualify SNAP participants for child

support arrears, thus not allowing States the option to disqualify SNAP participants for

child support arrears. (Section 4011)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendments to strike

the changes to the State options in section 5(e) and sections 6(l) through 6(n) and to

require that the Secretary conduct an independent evaluation that includes, among other

things: (1) an assessment of the impact of the eligibility requirements in sections 6(l)

through (n) in States that have formerly implemented or continue to implement those

requirements, and of the feasibility of implementing those requirements in other States;

(2) an assessment of the factors that contributed to the decision of States that formerly

implemented those requirements to cease such implementation; and (3) a review of

alternatives to those requirements that are used by other States to assist SNAP

participants to make or receive child support payments and the effectiveness of such

alternatives. (Section 4014)

The Managers agreed to include an evaluation of child support enforcement

cooperation requirements. The Managers intend for this study to evaluate a representative

sample of States of the types indicated in subparagraph (A), including those that have

implemented, those that formerly implemented, and those that have not implemented

State options on eligibility related to child support enforcement. The Managers also

intend for USDA to assess the impact of mandatory child support cooperation on food

security, including reviewing relevant data about individuals who choose not to

participate in SNAP due to mandated child support cooperation.

(31) Adjustment to asset limitations

The House bill amends section 5(g)(1) of the FNA by increasing from $2,000 to

$7,000 the maximum allowable value of assets for participating households, and from

$3,000 to $12,000 for households including an elderly or disabled member, and adjusts

such values for inflation for each fiscal year starting on October 1, 2019. (Section 4012)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(32) Updated vehicle allowance

The House bill amends section 5(g) of the FNA to require all States to exclude

$12,000 (adjusted annually for inflation) of the value of one vehicle per licensed driver

from household asset calculations, and strikes the alternative vehicle allowance. (Section

4013)

The Senate bill contains no comparable provision.

The Conference substitute deletes the House provision.

(33) Savings excluded from assets

The House bill amends section 5(g) of the FNA to exclude up to $2,000 (adjusted

annually for inflation) in savings from household assets in determining SNAP eligibility.

(Section 4014)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(34) Implementation funds

The House bill provides $150 million under section 18(a) of the FNA for fiscal

year 2019 to remain available until expended to implement the amendments made by

subtitle A of Title IV of the House bill. (Section 4036)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(35) Multivitamin-mineral dietary supplements eligible for purchase with supplemental

nutrition assistance benefits

The House bill amends section 3(k) of the FNA to allow certain “multivitamin-

mineral dietary supplements” to qualify as a food item that may be purchased with SNAP

benefits. (Section 4037)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(36) Review of supplemental nutrition assistance program operations

The House bill amends section 9 of the FNA by adding a new subsection to

require the Secretary to review and report on a representative sample of certain types of

authorized group-living facilities to determine whether SNAP benefits are properly being

used by households residing in such facilities and requiring reports to Congress within 3

years. The House bill also specifies that nothing in section 9 authorizes the Secretary to

deny an application for authorization, including continued authorization, or a request to

withdraw the authorization of such group-living facilities based on a determination that

the residents of those facilities are residents of an institution prior to the submission of

the report or 3 years after the date of enactment, whichever is earlier. (Section 4038)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendments that

make technical changes and specify that nothing in the new subsection authorizes the

Secretary to deny an application for authorization, including continued authorization, or a

request to withdraw the authorization of such group-living facilities based on a

determination that the residents of those facilities are residents of an institution prior to

18 months after the date of enactment. (Section 4007)

The Managers expect the Secretary to review and conduct oversight of authorized

facilities to prevent the issuance of duplicative benefits for food and ensure program

integrity of SNAP. In addition, the Managers intend for the Secretary to review the

procurement of benefits on behalf of SNAP eligible individuals by residential drug and

alcohol treatment facilities, and conduct oversight as necessary.

(37) Disqualification of certain convicted felons

The House bill amends section 6 of the FNA to disqualify certain convicted felons

from participating in SNAP. (Section 4039)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(38) Determination of amount of block grant payable to Puerto Rico

The House bill requires the Secretary to study the feasibility and impact of using a

TFP exclusive to Puerto Rico in calculating the amount of the block grant for Puerto

Rico, and authorizes such sums as necessary to be appropriated to carry out the study.

(Section 4040)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(39) Service of traditional foods in public facilities

The House bill amends section 4033 of the Agricultural Act of 2014 to expand the

public facilities eligible for the service of traditional foods under that section. (Section

4041)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

amend 4033(d)(1) of the Agricultural Act of 2014 to limit the liability of States, counties

or county equivalents, local education agencies, and other entities authorized to facilitate

the donation, storage, preparation, or serving of traditional food. (Section 4203)

The Managers intend to update the liability protection for the donation or serving

of traditional foods to include States, counties or county equivalents, local educational

agencies, entities, and persons authorized by the operator of a food service program.

(40) Extension of study on comparable access to supplemental nutrition assistance for

Puerto Rico

The House bill amends section 4142 of the Food, Conservation, and Energy Act

of 2008 to renew an authorization for a study on the feasibility of including the

Commonwealth of Puerto Rico in the SNAP program, in lieu of providing Puerto Rico

with a block grant. (Section 4042)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(41) Administrative flexibility for States

The House bill amends section 11(e)(6)(B) of the FNA to allow, at the option of

the State agency, non-State agency employees to undertake certification or carry out any

other function of the State agency under SNAP. (Section 4043)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

The Managers determined, after reviewing USDA’s December 2017 guidance,

that certification and eligibility functions must be performed by public, merit system

employees. The Managers encourage the Secretary to consult with States about the

efficiency and effectiveness of SNAP certification systems and believe States should

continue to improve customer service through methods that neither affect privacy nor

eligibility determinations. The Managers determined a statutory change to this system

was unwarranted. However, the Managers encourage the Secretary to continue to work

with States to find the appropriate balance to protect SNAP integrity and access and

address requests for flexibility through the existing process in a timely fashion.

(42) Commodity supplemental food program

The House bill authorizes a minimum certification period of one year, which at

the request of the State, can be extended based on certain criteria. (Section 4103)

The Senate amendment authorizes a certification period of not less than one year,

and subject to the approval of the Secretary, a certification period of more than 1 year,

but not more than 3 years, and temporary certification. (Section 4202)

The Conference substitute adopts the Senate provision with an amendment

making technical changes. (Section 4102)

The Managers understand the importance of providing nutritious food to low-

income seniors. The Managers intend to extend the certification period to up to three

years for seniors, with an annual contact to confirm continued eligibility information and

interest in the program. The Managers also intend to allow temporary certification of an

individual for the Commodity Supplemental Food Program. The Managers made these

changes to reduce administrative burden for participants and implementers, and to make

the most efficient use of program funds.

(43) Health food financing initiative

The House bill amends the authorization of appropriations by striking “until

expended” and instead authorizing the funds to remain available until Oct. 1, 2023.

(Section 4203)

The Senate amendment authorizes “enterprises” for program loans, grants and

funding projects and limits eligibility to projects that accept SNAP benefits, as

applicable. (Section 12409)

The Conference substitute adopts the Senate provision. (Section 4204)

The Managers recognize that access to healthy food may require a variety of retail

settings in some areas, particularly in rural areas and Tribal communities. To encompass

a broader variety of Healthy Food Financing Initiative (HFFI) projects that will increase

the supply of and demand for healthy foods in underserved communities, the bill expands

eligible projects to include healthy food enterprises. These enterprises could include food

hubs, mobile markets, direct to consumer markets, or food business incubators. As

healthy food enterprises do not necessarily involve the direct sale of food to low-income

consumers, the Managers intend to clarify that direct acceptance of SNAP benefits should

be required if applicable to the project’s structure. The Managers also seek to clarify that

HFFI should provide equal consideration to projects regardless of whether they intend to

serve an urban or a rural community.

(44) The Gus Schumacher food insecurity nutrition incentive

The House bill amends section 4405 of the Food, Conservation, and Energy Act

of 2008 by (1) renaming the program the Gus Schumacher Food Insecurity Nutrition

Incentive Program; (2) limiting program incentives to financial incentives; (3) striking

the independent evaluation requirement and requiring instead that projects have adequate

plans to collect data for reporting and agree to participate in a program evaluation; (4)

updating program priorities to include, among other priorities, prioritizing projects that

coordinate with multiple stakeholders; and (5) requiring the Secretary to consult with the

Director of NIFA to establish a training, evaluation, and information center for use by

program grantees and for generating an annual report to Congress on grant outcomes

based on program data from grantees.

The House bill authorizes mandatory funds at $45 million for fiscal year 2019,

$50 million for fiscal year 2020, $55 million for fiscal year 2021, $60 million for fiscal

year 2022, and $65 million for fiscal year 2023 and each fiscal year thereafter. Of the

mandatory funds made available, the House provision provides the training, evaluation,

and information center $2 million for each of fiscal years 2019 and 2020, and $1 million

each fiscal year thereafter. (Section 4003)

The Senate amendment amends section 4405 by (1) renaming the program the

Gus Schumacher Food Insecurity Nutrition Incentive; (2) making certain definition

changes, including amending the definition of “supplemental nutrition assistance

program” to include programs for nutrition assistance under section 19 of the FNA; (3)

specifying that grantees may partner with or make subgrants to public, private, nonprofit,

or for-profit entities; (4) providing authority to the Secretary to allow a tribal agency to

use certain types of federal funds for the non-federal program match; (5) requiring that

projects must increase the purchase of fruits and vegetables by SNAP participants by

providing an incentive for the purchase of fruits and vegetables at the point of purchase to

a household purchasing food with SNAP benefits, and that projects (excepting those

receiving $100,000 or less) measure the purchase of fruits and vegetables by SNAP

participants; (6) striking the independent evaluation requirement and requiring projects

have adequate plans to collect data for reporting and share information with the Training

and Technical Assistance Centers and Information and Evaluation Centers; (7) updating

program priorities; (8) authorizing Training and Technical Assistance Centers to assist

grantees and subgrantees, including entities applying for a grant or subgrant; and (9)

authorizing Information and Evaluation Centers to collect program data and prepare an

annual report with project outcomes to submit to the Secretary.

The Senate amendment authorizes $50 million of mandatory funds for fiscal year

2019 and each fiscal year thereafter. Of the mandatory funds made available, the Senate

provision authorizes a cost cap of 15 percent for carrying out the Training and Technical

Assistance Centers and the Information and Evaluation Centers and program

administrative costs. (Section 4303)

The Conference substitute adopts the House provision with amendments that (1)

rename the program “The Gus Schumacher Nutrition Incentive Program”; (2) make

certain definition changes, including amending the definition of “supplemental nutrition

assistance program” to include programs for nutrition assistance under section 19 of the

FNA; (3) specify that grantees may partner with or make subgrants to public, private,

nonprofit, or for-profit entities; (4) provide authority to the Secretary to allow a tribal

agency to use certain types of federal funds for the non-federal program match; (5) strike

the limitation of program incentives to financial incentives, and require instead that

projects must increase purchase of fruits and vegetables by SNAP participants by

providing an incentive for the purchase of fruits and vegetables at point of purchase to a

household purchasing food with SNAP benefits, and that projects (excepting those

receiving $100,000 or less over 1 year) measure the purchase of fruits and vegetables by

SNAP participants; (6) strike the independent evaluation requirement and require that

projects have adequate plans to collect data for reporting and share information with the

Nutrition Incentive Program Training, Technical Assistance, Evaluation, and Information

Centers; (7) require the Secretary to consult with the Director of NIFA to establish 1 or

more Nutrition Incentive Program Training, Technical Assistance, Evaluation, and

Information Centers to assist grantees and applicants, and to collect project data and

generate an annual report with grant outcomes to submit to Congress; (8) establish a

produce prescription program to improve dietary health through increased consumption

of fruits and vegetables; (9) provide mandatory funding of $45,000,000 for fiscal year

2019, $48,000,000 for each of fiscal years 2020 and 2021, $53,000,000 for fiscal year

2022, and $56,000,000 for fiscal year 2023 and each fiscal year thereafter; (10) set a cost

cap of $17,000,000 total for fiscal years 2019 and 2020 and $7,000,000 for fiscal years

2021 through 2023 for the Nutrition Incentive Program Training, Technical Assistance,

Evaluation, and Information Centers; and (11) of the annual funding provided for fiscal

years 2019 through 2023, limit funds to not more than 10 percent for produce

prescriptions and 8 percent for administration. (Section 4205)

The Managers note the success of the Food Insecurity Nutrition Incentive (FINI)

program established by the Agricultural Act of 2014. Building on that success, the

Managers establish permanent funding and authority for FINI. This section also

establishes one or more training, evaluation, and information centers to provide

information and support as FINI continues to expand.

The Managers believe it is important that information and results of FINI-funded

programs be made available to Congress, USDA agencies, researchers, grantees and the

public. Collecting information should not, however, be duplicative or place such an

administrative burden on grantees that it interferes with their ability to effectively

implement SNAP produce incentive programs. The Managers intend for the Information

and Evaluation Center/s to collect standard data from FINI grantees, facilitate grantees'

production of NIFA annual reports, and create a website on which program information is

easily searchable. This should be done in a manner that also protects the privacy of SNAP

participants and retail food stores. The Managers encourage the Secretary to consult with

past FINI program managers on the data to collect, collection instruments, and website

design.

The Managers also intend for the Training and Technical Assistance (T&TA)

Center/s to develop best practices and ensure that information and supportive services are

available to all regions and types of communities, including areas that are geographically

remote or lack strong public or private institutional infrastructure upon which grantees

can rely for technical support.

The Managers are aware that software and point of sale equipment to facilitate

incentive transactions can be costly. The Managers encourage T&TA Center/s to

cooperate with FNS and grocery, farm, and electronic payment groups to develop or

adapt existing systems/technology and make options available to current and future FINI

grantees.

The Managers also agree the FINI and Produce Prescription should be renamed

the Gus Schumacher Nutrition Incentive Program, in recognition of Mr. Schumacher’s

role in the establishment of nutrition incentives nationwide. Mr. Schumacher was a

magnificent advocate for farmers and families and saw the importance in building access

and affordability through incentive programs.

(45) Harvesting health pilot projects

The Senate amendment provides $4 million of mandatory funds for each fiscal

year 2019 through 2023 to establish a pilot project for nonprofit organizations or State or

local agencies to partner with healthcare providers to prescribe fresh fruits and vegetables

or provide to certain low-income individuals that suffer from, or are at-risk of developing

a diet-related health conditions. (Section 4304)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments to (1)

establish a produce prescription program instead of a pilot project; (2) require eligible

entities participating in the produce prescription program to agree to share information

with the Nutrition Incentive Program Training, Technical Assistance, Evaluation, and

Information Centers; (3) allow not more than 10 percent of funds made available for the

Gus Schumacher Nutrition Incentive Program to carry out the produce prescription

program; (4) make technical changes; and (5) incorporate language for this provision into

a single section as part of the Gus Schumacher Nutrition Incentive Program. (Section

4205)

Previously, produce prescription projects have been eligible for funding through

the FINI program. While similar in concept, these programs are often different in

implementation and goals. The Managers chose to establish a separate produce

prescription program with dedicated funding to increase coordination with the healthcare

community and better evaluate the impact of these types of projects on dietary health,

food security, and health care use and costs. Because produce prescription programs do

not always require a purchase, the Managers do not intend that the procedure established

by the Secretary to screen and verify eligibility for members to participate in a

prescription project will require that a healthcare partner verify that an individual has an

active SNAP balance.

(46) Amendments to the fruit and vegetable program

The House bill amends section 19 of the Richard B. Russell National School

Lunch Act to provide grants to purchase all forms (fresh, canned, dried, frozen, or

pureed) of fruit and vegetable snacks. (Section 4204)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(47) Review and revision of certain nutrition regulations

The House bill requires the Secretary to review certain nutrition final regulations

published by the Department of Agriculture, and revise and finalize new regulations that

are based on research specific to school-age children, do not have additional costs beyond

reimbursements required by current law, and maintain healthy meals for students.

(Section 4205)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(48) Study of marketplace fraud of traditional foods and tribal seeds

The Senate amendment requires the Comptroller General of the United States to

conduct a study on the impact of fraudulent foods that mimic traditional foods or Tribal

seeds that are available in the commercial marketplace. (Section 12518)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

(49) Food donation standards

The Senate amendment amends the Emergency Food Assistance Act of 1983 to

require the Secretary to issue guidance to promote awareness of food donations protected

under section 22(c) of the Child Nutrition Act of 1966. (Section 12615)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 4104)

The Managers expect the Secretary to provide guidance and stakeholder outreach

to increase donations of unused food from retail food stores, restaurants, caterers, and

foodservice facilities who may need additional guidance regarding the types of foods that

may be donated and covered under liability protections provided under the Bill Emerson

Good Samaritan Food Donation Act.

(50) Micro-grants for food security

The Senate amendment amends the Food, Conservation, and Energy Act of 2008

to require the Secretary to distribute funds to Alaska, Hawaii, American Samoa, Northern

Mariana Islands, Puerto Rico, Micronesia, Guam, Marshall Islands, Palau, and U.S.

Virgin Islands for the purpose of providing subgrants to eligible entities to promote

small-scale gardening, herding, and livestock operations. (Section 12616)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

making technical changes. (Section 4206)

The Managers intend for this program to operate as a funding-match program, but

provide discretion on the level of matching to the Secretary for eligible entities who may

not be financially capable of providing such matching requirements.

(51) Buy American requirements

The Senate Amendment requires the Secretary to enforce compliance of the Buy

American provisions applicable to domestic food assistance programs administered by

FNS, including for the purchase of fish or fish products. (Section 12622)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

specifying that the Secretary shall enforce full compliance with the requirements of

section 12(n) of the Richard B. Russell National School Lunch Act for purchases of

agricultural commodities including fish, meats, vegetables, and fruits, and the products

thereof, and making technical changes. (Section 4207)

The Managers encourage USDA to ensure State agencies and school food

authorities are fully aware of their respective responsibilities to enforce Buy American

requirements in accordance with section 12(n) of the Richard B. Russell National School

Lunch Act, 42 U.S.C. 1760(n), and to submit to Congress a report that demonstrates the

actions the Secretary has taken to increase awareness of and compliance with Buy

American requirements.

Title V – Credit

(1) Modification of the 3-Year Experience Requirement for Purposes of Eligibility for

Farm Ownership Loans

The House bill amends section 302(b) of the Consolidated Farm and Rural

Development Act to authorize the reduction of the 3-year experience requirement for

qualified beginning farmers or ranchers to: (1) 2 years if the farmer has certain

educational, management, or mentor-based experience, or was honorably discharged

from the armed forces of the United States; (2) 1 year if the farmer or rancher has

military leadership or management experience from having completed an acceptable

military leadership course; and (3) waive the requirement with certain combinations of

experiences in items (1) and (2). (Section 5101)

The Senate amendment amends section 302(b) to authorize the Secretary to: (1)

reduce the 3-year experience requirement to 2 years or less if the farmer or rancher has

certain farm labor or mentor-based experience; and (2) waive the requirement if the

farmer or rancher has 1 year of management responsibilities as a hired farm laborer and

has a mentor relationship with a farmer in an approved program. (Section 5101)

The Conference substitute adopts the House provision with an amendment. The

conference substitute amends section 302(b) to provide the Secretary of Agriculture with

authority to reduce the 3-year experience requirement for qualified beginning farmers or

ranchers to 1 or 2 years if the farmer or rancher has met specified education, business,

management, loan repayment, or experience requirements; or to waive the 3-year

requirement altogether if the farmer or rancher has at least 1 year of experience as hired

farm labor with substantial management responsibilities and a specified established

mentee relationship. (Section 5101)

(2) Conservation Loan and Loan Guarantee

The House bill amends section 304(h) of the Consolidated Farm and Rural

Development Act to: (1) extend the authorization of appropriations for the program to

2023; and (2) reduce the authorization level from $150,000,000 to $75,000,000. (Section

5102)

The Senate amendment amends section 304(h) to extend the authorization of

appropriations to 2023. (Section 5102)

The Conference substitute adopts the Senate provision. (Section 5102)

(3) Farm Ownership Loan Limits

The House bill amends section 305(a) of the Consolidated Farm and Rural

Development Act to: (1) increase the indebtedness limit for guaranteed ownership loans

from $700,000 to $1,750,000; and (2) change the baseline date for the inflation adjuster

from 2000 to 2019. (Section 5103)

The Senate amendment amends section 305 to increase the indebtedness limit for:

(1) direct ownership loans from $300,000 to $600,000 for FYs 2019 through 2023; and

(2) guaranteed ownership loans from $700,000 to $1,750,000 for FYs 2019 through 2023.

The Senate amendment bill also strikes the increase in the guaranteed ownership loan

limit based on an inflation adjuster. (Section 5103)

The Conference substitute adopts the Senate provision with an amendment to

continue and clarify the application of the inflation adjuster. (Section 5103)

(4) Limitations on Amounts of Operating Loans

The House bill amends section 313(a)(1) of the Consolidated Farm and Rural

Development Act to increase the indebtedness limit for guaranteed operating loans from

$700,000 to $1,750,000 and to change the baseline date for the inflation adjuster from

2000 to 2019. (Section 5201)

The Senate amendment amends section 313(a)(1) to increase the indebtedness

limit for direct operating loans from $300,000 to $400,000 for FYs 2019 through 2023

and for guaranteed operating loans from $700,000 to $1,750,000 for FYs 2010 through

2023.The Senate amendment strikes the increase in the guaranteed operating loan limit

based on an inflation adjuster. (Section 5201)

The Conference substitute adopts the Senate provision with an amendment to

continue and clarify the application of the inflation adjuster. (Section 5201)

(5) Microloans; Limitations

The House bill amends section 313(c)(2) of the Consolidated Farm and Rural

Development Act to strike the reference to “title” and insert “subsection”, thus limiting

the total principal microloan indebtedness outstanding to any 1 borrower to $50,000, only

for the purposes of section 313(c). (Section 5202)

The Senate amendment has no comparable provision.

The Conference substitute adopts the House provision. (Section 5202)

(6) Microloans; Cooperative Pilot

The Senate amendment amends section 313(c)(4)(A) of the Consolidated Farm

and Rural Development Act to extend the microloan cooperative lending pilot project

until 2023. (Section 5202)

The House bill has no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5203)

(7) Loans to purchasers of Land with Undivided Interest and No Administrative Authority

The Senate amendment extends the authorization of the pilot in section 333B of

the Consolidated Farm and Rural Development Act pilot for one additional year (through

FY2024). The amendment enacts a new section 333E authorizing the Secretary to

conduct pilot projects under the real estate, operating, emergency, and rural development

authorities of the Consolidated Farm and Rural Development Act that may improve the

efficiency and effectiveness of those programs. It also enacts a new section 3101 that

authorized the Secretary to make or guarantee loans to cooperatives, credit unions and

nonprofit organizations to relend to individuals and entities to assist heirs with undivided

ownership interests to resolve ownership and succession on farmland that has multiple

owners. Furthermore, it establishes loan terms and conditions, and preferences for

certain eligible entities. (Section 12624)

The House bill has no comparable provision.

The Conference substitute adopts the Senate provision with an amendment. The

substitute amends the Consolidated Farm and Rural Development Act by adding a new

section 3101 that authorizes the Secretary to make loans to cooperatives, credit unions

and nonprofit organizations to relend for projects that assist heirs with undivided

ownership interests to resolve ownership and succession on farmland that has multiple

owners. The substitute establishes loan terms and conditions, preferences for certain

eligible entities, and requires a report to Congress describing the operation and outcomes

of the program and providing recommendations on how to strengthen the program. The

substitute authorizes appropriations of $10 million annually for each of fiscal years 2019

through 2023. (Section 5104)

The Managers encourage USDA to conduct pilot projects of limited scope and

duration consistent with subtitles A, B, C and D of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1981 et seq.) to evaluate processes and techniques that may

improve the efficiency and effectiveness of the programs carried out under these

subtitles. It is the intent of the Managers that the Department consult with stakeholder

groups when determining regulations and procedures to define entities eligible for loans

provided under section 5104 of this Act.

(8) Loan Authorization Levels

The House bill amends section 346(b)(1) of the Consolidated Farm and Rural

Development Act to extend the authorization for subtle A (ownership) and B (operating)

Farm Loan Program loans through 2023. (Section 5302)

The Senate amendment amends section 346(b)(1) by increasing the overall loan

authorization level for subtitles A and B Farm Loan Program loans from $4.226 billion to

$12 billion for each of FYs 2019 through 2023. The provision also increases the specific

loan limits for direct loans from $1.2 billion to $4 billion, with $2 billion for farm

ownership loans and $2 billion for farm operating loans. The provision also increases the

specific loan limitations for guaranteed loans from $3.026 billion to $8 billion, with $4

billion for farm ownership loan guarantees and $4 billion for farm operating loan

guarantees. (Section 5302)

The Conference substitute adopts the Senate amendment with an amendment to

increase the overall loan authorization level for subtitles A and B Farm Loan Program

loans from $4.226 billion to $10 billion for each of FYs 2019 through 2023; to increase

the specific loan limits for direct loans from $1.2 billion to $3 billion, with $1.5 billion

for farm ownership loans and $1.5 billion for farm operating loans; and to increase the

specific loan limitations for guaranteed loans from $3.026 billion to $7 billion, with $3.5

billion for farm ownership loan guarantees and $3.5 billion for farm operating loan

guarantees. (Section 5302)

(9) Use of Additional Funds for Direct Operating Microloans Under Certain Conditions

The Senate Amendment amends section 346(b) of the Consolidated Farm and

Rural Development Act to add a new paragraph (5) requiring the Secretary to make

available up to $5 million in Commodity Credit Corporation (CCC) funds for farm

operating microloans if the Secretary determines the amount of funds otherwise available

for operating loans for the fiscal year is insufficient. The Secretary must notify Congress

not later than 15 days before using this authority. (Section 12617)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

strike the provision of mandatory funding and to authorize appropriations of $5 million

each year to carry out new section 346(b)(5). (Section 5304)

(10) Equitable Relief

The Senate amendment amends the Consolidated Farm and Rural Development

Act by adding a new section 366 that authorizes the Secretary to provide equitable relief

to farm loan program borrowers based on good faith actions of a borrower who relied on

the actions or advice of an authorized representative of the Secretary. The amendment

provides that administrative determinations are final and not subject to administrative

appeal or judicial review. (Section 5304)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5305)

(11) Socially Disadvantaged Farmers and Ranchers; Qualified Beginning Farmers and

Ranchers

The Senate amendment amends the Consolidated Farm and Rural Development

Act by adding a new section 367 that requires the Secretary to waive the guarantee fee of

1.5% and provide a 95% guarantee for guaranteed loans to a socially disadvantaged

farmer or rancher or a qualified beginning farmer or rancher. (Section 5305)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

authorize the Secretary to provide a 95% guarantee for guaranteed loans to a socially

disadvantaged farmer or rancher or a qualified beginning farmer or rancher. (Section

5306)

(12) Emergency Loan Eligibility

The Senate amendment amends section 373(b)(2)(B) to exempt write-downs and

restructurings under section 353 from what is considered “debt forgiveness” for the

purposes of applying the debt forgiveness loan eligibility limitations. (Section 5306)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5307)

(13) Technical Corrections

The House bill includes a series of technical corrections to correct errors to

provisions in sections 310E(d)(3), 321(a), 331D(e), 333A(f)(1)(A), 339(d)(3),

343(a)(11)(C), 343(b), and 346(a) of the Consolidated Farm and Rural Development Act.

(Section 5401)

The Senate amendment contains no comparable provisions.

The Conference substitute adopts the House provision with an amendment to

exclude the amendment to paragraph (3) of section 310E(d) as this paragraph is

substantively amended in section 12306, obviating the need for this correction. (Section

5401)

(14) State Agricultural Mediation Programs

The House bill amends section 506 of the Agricultural Credit Act of 1987 to

extend the authorization of appropriations for the State Mediation Programs through

2023. (Section 5601)

The Senate amendment amends section 506 to extend the authorization of

appropriations to 2023. The Senate amendment also amends Section 501 of the

Agricultural Credit Act of 1987 to: (1) eliminate the requirement that issues that may be

mediated be tied to the jurisdiction of USDA; (2) include issues under the national

organics program (Organic Foods Production Act of 1990), land & equipment lease

issues, family farm transition issues, and farmer-neighbor disputes; (3) authorize the use

of Program funds for credit counseling either prior to any mediation involving USDA or

for issues unrelated to any dispute or mediation involving USDA; (4) expand the

participants in mediation to include other parties to issues addressed in the mediation; and

(5) ensure USDA receives adequate notice of issues in mediation. The Senate

Amendment amends section 505 to require a report to Congress from the Secretary

regarding State mediation programs within 2 years. (Section 5401)

The Conference substitute adopts the Senate provision with an amendment to

clarify that the list of persons eligible for mediation is expanded to include any other

persons involved in an issue for which mediation services are provided by a mediation

program described under section 501(c)(1)(B) of the Agricultural Credit Act of 1987.

(Section 5402)

The Conference substitute allow state mediation programs to cover additional

agriculture mediation services, including: organic disputes, land and equipment lease

issues, family farm transition, farmer to neighbor disputes and provides credit counseling,

through State mediation programs. The Managers recognize the importance of agriculture

mediation services provided to farmers and support these efforts to mitigate potential

financial and legal disputes.

(15) Socially Disadvantaged Farmers and Ranchers

The Senate amendment amends section 4.19 of the Farm Credit Act of 1971 by

adding socially disadvantaged farmers and ranchers to the Farm Credit System’s Young,

Beginning, and Small Farmers Program, and makes a conforming amendment to section

5.17. (Section 5402)

The House bill contains no comparable provisions.

The Conference substitute requires the Comptroller General of the United States

to conduct a study to assess the credit and related services provided by agricultural credit

providers to socially disadvantaged farmers and ranchers; review the overall participation

of socially disadvantaged farmers and ranchers in such services; and identify barriers that

limit the availability of agricultural credit to socially disadvantaged farmers and ranchers.

The Conference substitute also requires the Comptroller General to provide

recommendations on how agricultural credit providers may improve outreach to socially

disadvantaged farmers and ranchers relating to the availability of credit and related

services. The Comptroller General must report to Congress within 120 days on the

findings and recommendations of the study. (Section 5416)

(16) Quarters and Facilities for the Farm Credit Administration

The House bill amends section 5.16 of the Farm Credit Act of 1971 to require the

headquarters of the Farm Credit Administration to be the Washington DC metro area.

(Section 5503)

The Senate amendment amends section 5.16 of the Farm Credit Act of 1971 to the

same effect. (Section 5407(28))

The Conference substitute adopts the House provision. (Section 5405)

(17) Removal and Prohibition Authority; Industry-Wide Prohibition

The Senate amendment adds section 5.29A to the Farm Credit Act of 1971 to

require that a person removed or suspended at a Farm Credit System Institution, or

prohibited from serving at a System institution for a period of time, shall not serve at

FCA or any other Federal financial regulator or the institutions that they regulate, with

limited exception authority. (Section 5404)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5406)

(18) Expansion of Acreage Exception to Loan Amount Limitations

The House bill amends section 8.8(c)(2) of the Farm Credit Act of 1971 to

increase the acreage exception to the loan amount limitation under section 8.8(c)(1) from

1,000 to 2,000 acres. The effective date of this provision is one year after the submission

to the Committees on Agriculture of the Congress of the study required to be conducted

by the Farm Credit Administration pursuant to section 5602 of the House bill. (Section

5507)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with a conforming

amendment to reflect the updated section number of the study required under Section

5414 of the conference substitute. (Section 5410)

(19) Compensation of Bank Directors

The House bill repeals section 4.21 of the Farm Credit Act of 1971 placing a

below market limitation on compensation of System Bank directors. (Section 5508)

The Senate amendment contains no comparable provisions.

The Conference substitute adopts the House provision. (Section 5403)

The Managers intent for repealing section 4.21 of the Farm Credit Act of 1971 is

to remove the statutory limitation on the compensation of the members of the boards of

directors of Farm Credit System Banks. However, it is not the intent of the Managers to

prevent the Farm Credit Administration (FCA) from examining, and taking actions

regarding, the reasonableness of the compensation of directors of Farm Credit System

Banks in carrying out FCA’s obligations to regulate and supervise Farm Credit System

Banks.

(20) Prohibition on Use of Funds

The House bill amends section 5.65 of the Farm Credit Act of 1971 to prohibit the

use of funds of the Farm Credit System Insurance Fund or administrative funds to

provide assistance to the Federal Agricultural Mortgage Corporation. (Section 5509)

The Senate amendment contains no comparable provision

The Conference substitute adopts the House provision. (Section 5409)

(21) Elimination or Repeal of Obsolete References; Technical Corrections & Conforming

Repeals

The House bill makes a number of corrections to the Farm Credit Act of 1971 to

remove references to entities that no longer exist and authorities that have expired, and

makes conforming repeals. The House bill repeals Subtitle A of Title VI of the 1971 Act,

which established the Farm Credit System Financial Assistance Board. (Sections 5501 &

5502)

The Senate amendment makes nearly all of the same corrections and repeals as

found in the House provisions, and more. The Senate Amendment repeals Title VI of the

1971 Act in its entirety, including (1) Subtitle A, which established the Farm Credit

System Financial Assistance Board; and (2) Subtitle B, which established the Farm

Credit System Financial Assistance Corporation. (Section 5407)

The Conference substitute adopts the Senate provision with a few minor

conforming amendments to reflect amendments made elsewhere in the bill, including the

adoption of section 5503 of the House bill as described in item (16) above. (Section

5411)

(22) Corporation as Conservator or Receiver; Certain Other Powers

The Senate amendment adds a new section 5.61C to the Farm Credit Act of 1971

that clarifies and establishes updated authorities for the Farm Credit System Insurance

Corporation (FCSIC) and the handling of claims in the event that FCSIC is appointed as a

conservator or receiver of a System Institution pursuant to section 4.12 of the Act. The

amendment provides express statutory receivership and conservatorship authorities

comparable to those of other Federal financial regulators, including the Federal Deposit

Insurance Corporation, National Credit Union Administration, and the Federal Housing

Finance Agency. The provision clarifies FCSIC’s treatment of “qualified financial

contracts” (including securities contracts, commodity contracts, swap agreements, and

derivatives) in its role as receiver, and authorizes FCSIC and the Farm Credit

Administration to create a bridge bank to assist in addressing a situation where one or

more System banks are in default or are anticipated to go into default. (Section 5408)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5412)

The Farm Credit Act of 1971 is amended by adding a new section that clarifies

and establishes statutory authorities for the Farm Credit System Insurance Corporation

and the handling of claims in the case of the Corporation being appointed as a

conservator or receiver of a System institution. The Managers intend for the authorities of

the Corporation to be functionally equivalent to the parallel authorities of the Federal

Deposit Insurance Corporation.

(23) Reporting

The Senate amendment requires the Secretary of Agriculture to prepare an annual

report to Congress that identifies certain characteristics with respect to borrowers of farm

loans made and guaranteed, the borrowers’ operations, and other data, for each State and

county in the United States. It also requires that the Secretary prepare a comprehensive

review of these annual reports to Congress every 5 years. (Section 5409)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 5413)

(24) Sense of the Senate

The Senate amendment declares that it is the Sense of the Senate that all

participants of the Farm Service Agency loan programs should strive to encourage

beginning farmers and ranchers and socially disadvantaged farmers to use Farm Service

Agency loans. (Section 5410)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate provision.

It is the sense of the Managers that all participants of the Farm Service Agency

loan programs should strive to encourage beginning farmers and ranchers and socially

disadvantaged farmers to use Farm Service Agency loans.

(25) Study on Loan Risk

The House bill requires the Farm Credit Administration to conduct a study that:

(1) analyzes and compares the financial risks of Farm Credit banks, associations, and the

Federal Agricultural Mortgage Corporation, and how these risks are required to be

capitalized; and (2) assesses the feasibility of increasing the acreage exception in section

8.8(c)(2) of the Farm Credit Act of 1971 to 2,000 acres. The report is due 180 days after

the date of enactment. (Section 5602)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 5414)

As a part of its study, the Managers are interested in the opinion of the FCA on

alternatives —other than the current acreage limitation—to adequately address any safety

and soundness issues.

(26) GAO Report on Ability of the Farm Credit System to Meet the Agricultural Credit

Needs of Indian Tribes and Their Members

The House bill requires the GAO to study the agricultural credit needs of farms,

ranches, and related businesses owned or operated by Indian tribes or tribal members, and

whether the Farm Credit System has the authority and resources to meet such needs. The

report is due within 90 days after the date of enactment. If the Comptroller General finds

that the System lacks the authority or resources to meet the stated needs, the report shall

include recommendations to meet the needs. (Section 5603)

The Senate amendment contains no comparable provisions.

The Conference substitute adopts the House provision. (Section 5415)

Title VI – Rural Development

(1) Prioritizing Projects to Meet Health Crises in Rural America/Distance Learning and

Telemedicine; Community Facilities Direct Loans and Grants for Substance Use

Disorder Treatment Services; Rural Health and Safety Education Programs

The House bill amends Title VI of the Rural Development Act of 1972 to include

a new section which provides the Secretary with the authority to announce a renewable,

one-year, temporary reprioritization for certain USDA Rural Development (“RD”) loan

and grant applications to assist rural communities in responding to a specific rural health

emergency. It requires the Secretary of Agriculture (“Secretary”) to issue an

announcement that specifies the emergency, and to provide notice to the relevant

Congressional committees and the Secretary of Health and Human services. The bill also

amends Section 2333(c) of the Food, Agriculture, Conservation, and Trade Act of 1990

to provide that, pursuant to an announcement under subsection (a), at least 10% of

Distance Learning and Telemedicine Programs funds are reserved for projects that

address the rural health emergency.

The House bill amends Section 306(a) of the Consolidated Farm and Rural

Development Act to provide that, pursuant to an announcement under subsection (a),

Community Facilities Program funds may be prioritized for projects that address the rural

health emergency, including facilities that provide prevention, treatment, and recovery

services.

The House bill also amends Section 502(i) of the Rural Development Act to

provide that, pursuant to an announcement under subsection (a), Rural Health and Safety

Education Program funds may be prioritized for projects that address the rural health

emergency. (Section 6001)

The Senate amendment amends section 2333(c) of the Food, Agriculture,

Conservation, and Trade Act of 1990 to set aside 20% of Distance Learning and

Telemedicine grant funding for applications related to substance use disorder treatment

services.

The Senate amendment amends section 306(a) of the Consolidated Farm and

Rural Development Act to provide that in selecting recipients of loans or grants for the

development of essential community facilities, the Secretary shall give priority to entities

to develop facilities to provide substance use disorder (including opioids) prevention,

treatment, and recovery services; and that employ staff trained to identify and treat

individuals with substance use disorders.

The Senate amendment amends section 502(i) of the Rural Development Act to

require the Secretary, in making grants under the Rural Health and Safety Education

Program, to give priority to an applicant that will use the grant for substance use disorder

education, prevention, or treatment. (Sections 6301(a), 6105, and 6303)

The Conference substitute adopts the House provision with an amendment that

prioritizes funding through the year 2025 for Community Facility, Distance Learning and

Telemedicine and Rural Health and Safety Education Programs that provide substance

abuse prevention, treatment, and recovery services. The substitute also authorizes the

Secretary to make temporary prioritizations for certain Rural Development programs on a

regional or state basis for other public health disruptions. (Section 6101)

(2) Distance Learning and Telemedicine

The House bill reauthorizes the program through FY2023; and increases the

authorization of appropriations to $82,000.000 per fiscal year. (Section 6002)

The Senate amendment reauthorizes the program through 2023. (Section 6301(b)-

(c))

The Conference substitute adopts the House provision. (Section 6102)

(3) Supporting Agricultural Association Health Plans

The House bill establishes a new loan and grant program to assist in the

establishment of agricultural association health plans. The House bill provides the

Secretary with the authority to make not more than 10 loans for the purposes of

establishing agricultural association health plans and provides for the terms of such loans.

The House bill provides the Secretary with the authority to make grants for the purposes

of providing technical assistance in establishing agricultural association health plans. The

House bill authorizes a one-time appropriation of $65 million to be available until

expended during FYs 2019 through 2022. (Section 6004)

The Senate amendment contains no comparable provision.

The Conference substitute does not include the House provision.

(4) Refinancing of Certain Rural Hospital Debt

The House bill authorizes assistance for a community facility under section

306(a) for a business, non-profit or any other entity under section 310B to include the

refinancing of a debt obligation of a rural hospital as an eligible loan or loan guarantee

purpose if the assistance would help preserve access to health service in a rural

community and meaningfully improve the financial position of the hospital. (Section

6005)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

requires hospitals seeking refinancing to meet USDA’s financial feasibility and adequacy

of security requirements. (Section 6103)

The Managers emphasize the necessity that USDA work with rural hospitals to improve

their financial health as a part of a refinancing agreement. The Managers also encourage

USDA to build on its current technical assistance efforts to improve the long-term

operations of rural hospitals in order to continue providing vital services to rural

communities.

(5) Requiring Loans, Guaranteed Loans, and Grants for Rural Broadband

The House bill amends section 601(c)(1) of the Rural Electrification Act of 1936

to require that the Secretary “shall make loans and shall guarantee loans” to finance rural

broadband projects. (Section 6103)

The Senate amendment amends subsections (a) and (c) of section 601 to require

that the Secretary “shall make grants and make or guarantee loans” to finance rural

broadband projects and makes several conforming amendments throughout section 601.

(Section 6206(1)-(2))

The Conference substitute adopts the Senate provision with an amendment to

clarify that the Secretary is required to make grants, make loans, and guarantee loans to

finance rural broadband projects. (Section 6201)

In implementing the Guaranteed Loan Program to help expand broadband access

in rural areas, the Managers encourage RUS to consider development of a certified lender

program that will encourage public-private partnerships and expedite investment into

rural broadband infrastructure.

(6) Simplified Application Window

The House bill amends section 601(c)(2)(A) of the Rural Electrification Act of

1936 to require the Secretary to establish 1 evaluation period per year for broadband loan

program applications. (Section 6108)

The Senate amendment rewrites section 601(c)(2) in its entirety and deletes any

requirement regarding the number of application evaluation periods each year. (Section

6206(2))

The Conference substitute adopts the Senate provision. (Section 6201)

(7) Elimination of Requirement to Give Priority to Certain Applicants

The House bill amends section 601(c)(2) of the Rural Electrification Act of 1936

to strike the subparagraph (D) priority category. (Section 6109)

The Senate amendment rewrites section 601(c)(2) in its entirety and deletes the

same subparagraph (D) priority category. (Section 6206(2))

The Conference substitute adopts the Senate provision with an amendment

clarifying that the most unserved communities are those without residential broadband

service of at least 10 Mbps downstream transmission capacity and 1 Mbps upstream

transmission capacity. (Section 6201)

(8) Fees for Guaranteed Broadband Loans

The House bill amends section 601(c) of the Rural Electrification Act of 1936 to

require the Secretary to collect fees on loan guarantees in amounts that when combined

with any appropriated funds equal the subsidy on such guarantees. (Section 6203(b))

The Senate amendment is substantially similar to the House bill. The Senate

amendment amends section 601(c) to require the Secretary to charge lenders of

guaranteed loans a fee to offset subsidy costs. (Section 6117(b))

The Conference substitute adopts the Senate provision with an amendment to

require the Secretary to charge and collect fees from lenders in such amounts as to bring

down the cost of subsidies for guaranteed loans, but that do not act as a bar to

participation in the program. (Section 6201)

(9) Access to Broadband Telecommunications Services in Rural Areas; Broadband

Standards; Grants

The House bill amends section 601(d)(1)(A)(i) to require broadband loan or loan

guarantee applicants to demonstrate the ability to furnish or improve service in order to

meet the new broadband service standards established under section 6101 of the House

Bill in all or part of an unserved or underserved rural area. (Section 6101(a)(1))

The Senate amendment amends section 601(d)(1)(A) to make it applicable to

grants as well as loans and loan guarantees; conforming amendments to section 601 run

throughout section 6206. (Section 6206(3)(A)(i) & (3)(C) through (G))

The Conference substitute adopts the House provision. (Section 6201)

(10) Modification of Buildout Requirement

The House bill amends section 601(d)(1)(A)(iii) of the Rural Electrification Act

of 1936 to provide 5 years for applicants to complete the buildout of broadband

infrastructure financed under this section. (Section 6110)

The Senate amendment is the same as the House bill, with a conforming

amendment to clarify that it applies to grants as well as loans. (Section 6206(3)(A)(i))

The Conference substitute adopts the House provision with technical

amendments. (Section 6201)

(11) Access to Broadband Telecommunications Services in Rural Areas; Unserved Area,

Incumbent Service Providers

The Senate amendment amends section 601(d)(2)(A) of the Rural Electrification

Act of 1936 to: (1) increase from 15 percent to 90 percent the share of households in a

proposed service area that must be unserved or have service levels below the minimum

acceptable service level of fixed broadband service, whether terrestrial or wireless; and

(2) reduce from 3 to 2 the number of incumbent service providers in any part of the

proposed service area that would make the area ineligible for financing. (Section

6206(3)(B))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

increasing from 15 percent to 90 percent the share of households in a proposed service

area that must be unserved for broadband projects funded by grants, loan/grant

combinations, loans with subsidized interest rates, and payment assistance loans. The

amendment increases from 15 percent to 50 percent the share of households in a proposed

service area that must be unserved for broadband projects funded by loans or loan

guarantees. The amendment does not adopt the Senate provision decreasing the number

of incumbent service providers. (Section 6201)

(12) Access to Broadband Telecommunications Services in Rural Areas; Application

Process

The Senate amendment amends section 601(d)(7) to: (1) require the Secretary to

provide feedback and decisions on funding to an applicant of a grant, loan, or loan

guarantee in a timely manner; (2) clarify that in addition to a determination of area

eligibility prior to preparing a loan application, a prospective applicant may also submit

to the Secretary a proposal for a project on which the Secretary shall provide feedback

regarding how the proposal could be changed to improve the likelihood that the Secretary

would approve the application. (Section 6206(3)(H)-(I))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

specifies that only applicants proposing to serve communities without residential

broadband service of at least 10 Mbps downstream transmission capacity and 1 Mbps

upstream transmission capacity are eligible for technical assistance and training. (Section

6201)

(13) Elimination of Unnecessary Reporting Requirements

The House bill: amends section 601(d)(8)(A)(ii) to eliminate reporting

requirements with respect to: (1) the location of residences and businesses that will

receive broadband service; and (2) changes in broadband service adoption rates. (Section

6112)

The Senate amendment contains no comparable provisions.

The Conference substitute adopts the House provision with an amendment

creating new reporting requirements for all USDA broadband projects. (Section 6207)

(14) Establishing Forward-Looking Broadband Standards/Access to Broadband

Telecommunications Services in Rural Areas

The House bill amends Section 601(e) of the Rural Electrification Act of 1936 to

require the Secretary to establish broadband service standards for rural areas that provide

for: (1) speed to be at least 25 megabits per second (Mbps) downstream transmission

capacity and 3 Mbps upstream transmission capacity; and (2) projections of minimum

acceptable standards of service for 5, 10, 15, 20, and 30 years into the future. The

amendment further prohibits the Secretary from making any loan to finance a project that

the Secretary determines cannot meet the projected minimum acceptable standard of

service at any time while the loan or loan guarantee is outstanding. The amendment

allows the Secretary and the applicant to agree to substitute standards if the standards are

cost-prohibitive to meet.

The House bill also provides that, to the extent possible, the loan terms and

conditions require for the lifetime of the loan that the project will be capable of meeting

either the minimum standard currently in effect or the projected standard in place at the

time the loan was agreed to. (Section 6101(a)(2)-(3))

The Senate amendment amends Section 601(e) of the Rural Electrification Act of

1936 to codify USDA’s current definition of minimum acceptable broadband service of

25 Mbps downstream transmission capacity and 3Mbps upstream transmission capacity.

(Section 6206(4))

The Conference substitute adopts the House provision with an amendment

modifying the broadband buildout requirements that the Secretary shall establish for

projects with agreement lengths of 5 to 10 years, 11 to 15 years, 16 to 20 years, and more

than 20 years. (Section 6201)

The Managers are acutely aware of the challenges created by the ever-increasing

bandwidth needs of applications running over the Internet. These bandwidth needs mean

that the expectation for “broadband-quality service” in urban, suburban, and rural

communities increases over time. While protecting project areas provided assistance from

a competing USDA-assisted project is essential for program integrity, such protections

can result in a lack of further investment in rural broadband systems and rural residents

receiving levels of service which degrade relative to expectations over time.

In establishing the broadband buildout speeds, the Managers intend the Secretary

establish requirements for applicants to build systems capable of providing higher quality

broadband service as the term of assistance lengthens, to help to ensure that USDA-

financed broadband systems are able to meet the connectivity needs of rural residents for

the entirety of the length of time such system is protected from overbuilding under

USDA’s broadband programs.

(15) Improving Access by Providing Certainty to Broadband Borrowers

The House bill amends title II of the Rural Electrification Act of 1936 to permit

the Secretary to obligate, but not disperse, funds under section 601 to approved

applications while conditioning the disbursement of funds on the successful completion

of environmental, historic, or other reviews. Further, it permits the Secretary to de-

obligate funds if the reviews cannot be completed in a reasonable amount of time.

The House bill amends section 601(d) of the Rural Electrification Act of 1936 to

permit the Secretary to obligate, but not disperse, funds under section 601 to approved

applications while conditioning the disbursement of funds on the successful completion

of environmental, historic, or other reviews. Further, it permits the Secretary to de-

obligate funds if the reviews cannot be completed in a reasonable amount of time.

(Section 6107)

The Senate amendment amends section 601 of the Rural Electrification Act of

1936 to authorize the Secretary to obligate, but not disperse, funds under this Act before

the completion of otherwise required environmental, historical, or other types of reviews

if the Secretary determines that a subsequent site-specific review shall be adequate and

easily accomplished for the location of towers, poles, or other broadband facilities in the

service area of the borrower without compromising the project or the required reviews.

The Senate Amendment also amends section 601 of the Rural Electrification Act

of 1936 to require, as a condition of receiving a grant, loan, or loan guarantee, a recipient

of assistance to provide to the Secretary complete, reliable, and precise geolocation that

indicates the location of new broadband service that is being provided or upgraded within

the service territory supported by the grant, loan, or loan guarantee at specified times.

(Section 6206(8))

The Conference substitute adopts the Senate provision with an amendment that

moves the language dealing with geolocation data to the new section requiring public

notice, assessments, and reporting. (Sections 6207 and 6208)

(16) Improving Borrower Refinancing Options/Refinancing of Broadband

The House bill amends section 601(i) of the Rural Electrification Act of 1936 to

permit the Broadband Loan Program to refinance telecommunications loans other than

those made under the Act. (Section 6111(b))

The Senate amendment amends section 601(i) of the rural Electrification Act of

1936 to provide RUS the authority to refinance telephone and broadband loans other than

those made under the Act. (Section 6209(b))

The Conference substitute adopts the Senate provision as a new section 703 of the

Rural Electrification Act of 1936. (Section 6209)

(17) Unified Broadband Reporting Requirements

The House bill amends section 601(j) and (k)(2) of the Rural Electrification Act

of 1936 to require the Secretary to submit a single report to Congress describing all the

broadband financing activities administered by the Secretary including the loans, loan

guarantees, and grants applied for and provided under the programs. (Section 6106)

The Senate amendment amends section 601(j) of the Rural Electrification Act of

1936 to add grants to the reporting requirements (Section 6206(6))

The Conference substitute adopts the House provision (Section 6207).

In adopting a substitute amendment, the Managers have established a single

process for reporting across multiple USDA broadband programs. The amendment will

ensure that applicants will be reporting similar, comparable data to the Secretary. The

amendment similarly requires the Secretary to combine that data into a single report to

Congress which covers the entirety of the Department’s broadband assistance activities.

In addition, the substitute amendment combines in a single section these reporting

requirements with the amended notice and assessment requirements. The Managers

recognize that these two processes – one pre-application and one post-application – are

interrelated and each are essential to promoting program integrity. The Managers intend

for the Secretary to establish requirements which are complementary, wherever possible,

both to facilitate implementation and to ease compliance for applicants and existing

providers.

Finally, the Managers recognize the importance of oversight and integrity within

the broadband programs, as well as the significant work entailed in verifying the

eligibility of unserved communities. To that end, the Conference report provides

significant resources to the Secretary to carry out oversight of the broadband programs.

These funds shall be utilized without distinction to provide oversight across all of the

broadband programs that the Secretary administers.

(18) Access to Broadband Telecommunications Services in Rural Areas

The House bill amends section 601(k) of the Rural Electrification Act of 1936 by

increasing the authorization of appropriations to $150 million for each of fiscal years

2019 through 2023 and reauthorizing the program through fiscal year 2023.

The House bill also amends section 601(l) of the Rural Electrification Act of 1936

to extend the termination of authority to make loans and loan guarantees until September

30, 2023. (Section 6113)

The Senate amendment amends section 601(m) of the Rural Electrification Act of

1936 (as redesignated) to: (1) increase the authorization of appropriations to

$150,000,000 for each of the fiscal years 2019 through 2023 and reauthorizing the

program through fiscal year 2023 (same as the House Bill); and (2) require the Secretary,

from amounts made available each fiscal year, to set aside at least 1 percent to be used for

conducting oversight and implementing accountability measures.

The Senate amendment also amends section 601(n) of the Rural Electrification

Act of 1936 as redesignated) to extend the termination of authority to make grants, loans,

and loan guarantees until September 30, 2023. (Section 6206(9)-(10))

The Conference substitute provides an amendment increasing the authorization of

appropriations to $350 million for each of fiscal years 2019 through 2023 and sets aside

between 3 and 5 percent of program level amounts for conducting oversight and

implementing accountability measures for the Farm Bill Broadband Program and

Community Connect projects. (Sections 6201 and 6207)

(19) Middle Mile Broadband Infrastructure

The House bill amends section 601 of the Rural Electrification Act of 1936 to

authorize loans to eligible entities for the development of “middle-mile” broadband

infrastructure, defined as infrastructure that does not directly connect to end user

locations, including interoffice transport, backhaul, Internet connectivity, data centers, or

special access transport to rural areas. Loans and loan guarantees for middle-mile

infrastructure are limited to no more than 20% of the amounts made available under

section 601. (Section 6114)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to amend

section 602 of the Rural Electrification Act of 1936 to require the Secretary to use grant

funding as well as loans and loan guarantees to provide funds for the construction,

improvement, or acquisition of middle-mile infrastructure to serve rural areas, and to

require that at least 75 percent of the interconnection points of a project serve eligible

rural areas. The amendment also authorizes appropriations of $10 million for each of

fiscal years 2019 through 2023. (Section 6202)

(20) Establishing Forward-Looking Broadband Standards: Report to Congress

The House bill requires the Administrator of the Rural Utilities Service, within 12

months after the date of the enactment, to submit to the House and Senate Agriculture

Committees a report on the effectiveness of RUS loan and loan guarantee programs at

expanding broadband to rural areas, including administrative and legislative options for

incentivizing private investment. (Section 6101(b))

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(21) Smart Utility Authority/Single Application for Broadband

The House bill amends section 331 of the Consolidated Farm and Rural

Development Act to allow a recipient of certain grants, loans, or loan guarantees to use

not more than 10 percent of the amount for rural broadband infrastructure projects,

including both retail and non-retail activities, except for a recipient who is seeking to

provide retail broadband service in any area where retail broadband service is available at

the minimum broadband speeds.

The House bill also amends Title I of the Rural Electrification Act of 1936 to

allow a recipient of certain grants, loans or loan guarantees to set aside not more than 10

percent of the amount for retail broadband service, for use only in an area that is not

being provided with the minimum acceptable level of broadband service. (Section 6104)

The Senate amendment amends section 331 of the Consolidated Farm and Rural

Development Act to allow for no more than 10% of any Rural Development grant, loan,

or loan guarantee to be used to fund broadband facilities and service, provided that the

funding will not result in competitive harm to any existing grant, loan, or loan guarantee.

(Section 6116)

The Conference substitute adopts the House provision with an amendment

requiring that the funding not result in competitive harm to any existing grant, loan, or

loan guarantee under the Rural Electrification Act of 1936, under certain circumstances.

(Section 6210)

The Managers intend that USDA not authorize funding for the construction of any

retail broadband project that would result in competitive harm to any USDA grant, loan,

or loan guarantee.

(22) Modifications to the Rural Gigabit Program

The House bill amends section 603 of the Rural Electrification Act of 1936 to

amend the Rural Gigabit Network Pilot Program and replace it with the Innovative

Broadband Advancement Program to provide grants, loans or both to eligible entities for

the purpose of demonstrating innovative broadband technologies or methods of

broadband technologies or methods of broadband deployment that significantly reduce

the cost of broadband deployment and substantially increase broadband service to not less

than the 20-year broadband speed established by the Rural Utilities Service (Section

6105)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

requiring projects to provide broadband speeds of at least the maximum broadband

buildout requirements established under section 601(e)(4) of the Rural Electrification Act

of 1936, as amended. (Section 6203)

(23) Incentives for Hard to Reach Communities

The House bill amends Title VI of the Rural Electrification Act of 1936 to add a

new section 604 of the Rural Electrification Act to create a grant program for borrowers

under Title I, II, or VI of the Rural Electrification Act who are financing rural broadband

projects that provide retail service.

The House bill also establishes a method for calculating service points per road

mile as a density measure. Eligible applicants are those areas with a density of 12 or

fewer homes, businesses, or institutions per mile of road in a proposed service area. The

bill also authorizes appropriations of $350 million for each of fiscal years 2019 through

2023. (Section 6102)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

apply the new density requirements to grants authorized under Section 6201 and modifies

the number of persons per square mile when determining what percent of a project’s

development costs may be funded using grant money. The substitute does not adopt the

House provision’s authorization of appropriations. (Section 6201)

The Conference report includes significant new authority for the Secretary to provide

grants to applicants to extend broadband service deeper into rural communities. The

Managers are mindful of past broadband grant programs which have occasionally

resulted in grants to providers who fail to meet their obligations under their grant

agreements. The Managers recognize the work that the Department has undertaken in an

attempt to recover taxpayer dollars in those instances and to continue to improve the

ability for the department to hold grantees accountable for the entirety of their

obligations. To further this work, the Managers intend that any agreements the Secretary

executes with grant applicants include terms which:

1. Require that the project meet all statutory and regulatory service requirements

agreed to as part of the application process, including the broadband buildout

requirements, if applicable;

2. Require the repayment of the grant if the project is sold or transferred without

agency approval during the term of the grant; and

3. Provide the government a first lien on the grant assets during the term of the grant

and thereafter comply with the applicable federal regulations under the Uniform

Administrative Requirements, Cost Principles, And Audit Requirements For

Federal Awards, codified in 2 C.F.R. 200.

(24) Community Connect Program

The Senate amendment amends title VI of the Rural Electrification Act of 1936 to

codify the existing Community Connect Program, while authorizing the program at

$50,000,000 for each of fiscal years 2019 through 2023. (Section 6207)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6204)

(25) Outdated Broadband Systems

The House bill adds a new section 605 to the Rural Electrification Act of 1936 to

provide that beginning October 1, 2020, the Secretary shall consider as unserved for the

purposes of all broadband loan programs under this Act any portion of a service territory

subject to an outstanding grant agreement with a broadband provider if the broadband

service provided is not at least 10 megabits per second download and at least 1 megabit

per second upload, 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). (Section 6115)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision as a new section 604 of the

Rural Electrification Act of 1936. (Section 6204)

(26) Refinancing of Broadband and Telephone Loans

The House bill amends section 201 of the Rural Electrification Act of 1936 to

clarify that the Secretary, through the RUS telephone loan program, may refinance

broadband loans made under section 601 of the Act. (Section 6111(a))

The Senate amendment amends Section 201 of the Rural Electrification Act of

1936 to clarify that the Secretary, through the RUS telephone loan program, may

refinance loans of persons furnishing telephone service in rural areas, including

indebtedness of recipients on another telecommunications loan made under the Act.

The Senate amendment also strikes the current law limitation that the refinancing

may not constitute more than 40% of a loan made under Title II of the Act. (Section

6209(a))

The Conference substitute adopts the Senate provision. (Section 6211)

The Managers intend for Section 6211, refinancing of loans, that an existing loan

may be refinanced using the Substantially Underserved Trust Area program when it is

determined to be appropriate. The recipients of these loans are serving the most difficult,

and highest cost areas of the country, and allowing for the refinancing of higher interest

loans will provide the ability for these telecommunications carriers to continue to build

high-speed broadband networks.

The Managers expect that the new refinancing authority gives the Department the

ability to issue a new loan with new terms with the proceeds being used to repay or pre-

pay an existing loan. These transactions should be not be considered loan modifications.

Within 90 days of enactment, USDA should publish a notice detailing

implementation of the re-financing provisions in Section 6211.

(27) Federal Broadband Program Coordination

The House bill directs the Secretary of Agriculture to coordinate with the

Assistant Secretary of the National Telecommunications and Information Administration

for assessment and mapping capabilities. The Secretary will consult with the Federal

Communications Commission (FCC) before making a broadband loan or grant for a

project to serve an area in which another entity is receiving Connect America Fund or

Mobility Fund support under the federal universal service support mechanism. The

Chairman of the FCC shall consult with the Secretary before providing support in an area

where an entity has received assistance from USDA. The Secretary, FCC, and the

Assistant Secretary shall submit a report to the Congressional committees assessing its

abilities to meet various objectives regarding long-term broadband service needs of rural

residents. (Section 6116)

The Senate amendment amends section 601(d)(1) of the Rural Electrification Act

of 1936 to require the Secretary to coordinate with the Federal Communications

Commission to ensure that any grants, loans, or loan guarantees made under this section

complement and do not conflict with universal service high-cost support. (Section 6206

(3)(A)(ii))

The Conference substitute adopts the House provision. (Section 6212)

(28) Effective Date

The House bill provides that amendments made by subtitle B of the House Bill

shall not take effect until the Secretary of Agriculture has issued final regulations to

implement the amendments.

The House bill also requires that within 90 days of the enactment the Secretary

shall prescribe final regulations to implement the amendments made by sections 6101

(broadband standards) and 6102 (incentives for hard to reach communities). (Section

6117)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment giving

the Secretary one year to issue a final rule implementing the amendments made to

Section 601 of the Rural Electrification Act of 1936. (Section 6213)

(29) Strategic Economic and Community Development

The House bill amends section 379H in its entirety to require the Secretary to: (1)

give priority to applications for programs that support implementation of a strategic

community investment plan; (2) reserve a portion of funds for projects that support the

implementation of a strategic community investment plan; and (3) set forth the

requirements for such plans. The bill requires the Secretary to provide technical

assistance to communities in developing strategic community investment plans and

authorizes appropriations of $5 million for each of fiscal years 2018 through 2023 to

provide the technical assistance. (Section 6201)

The Senate amendment amends section 379H in its entirety to require the

Secretary to: (1) give priority to applications for programs that support implementation

of a strategic community investment plan; (2) reserve not more than 10 percent of funds

for projects that support the implementation of a strategic community investment plan;

and (3) set forth the requirements for such plans. The amendment also requires the

Secretary to provide technical assistance to communities in developing strategic

community investment plans and authorizes appropriations of $5 million for each of

fiscal years 2019 through 2023 to provide the technical assistance. (Section 6123)

The Conference substitute adopts the Senate provision with an amendment

increasing the reserve to not more than 15 percent of funds for projects. (Section 6401)

(30) Expanding Access to Credit for Rural Communities

The House bill amends the definition of “rural and “rural area” under section

343(a)(13) of the Consolidated Farm and Rural Development Act to provide that a city or

town that has a population of up to 50,000 inhabitants is eligible for loan guarantees for

water, wastewater, and essential community facilities.

The bill also amends the definition of “rural area” in section 601(b)(3)(A)(ii) of

the Rural Electrification Act of 1936 to provide that a city or town that has a population

of up to 50,000 inhabitants is eligible for guaranteed loans in the rural broadband

program. (Section 6202)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

reserve funding for Community Facilities applications for projects in communities with

populations of 20,000 people or less, and to prioritize Water and Wastewater Facility

applications for projects in communities with populations of 10,000 people or less.

(Section 6402)

The Conference report expands the size of rural communities eligible to seek

assistance under the guaranteed lending authorities of the Community Facilities and

Water and Waste Disposal programs. In order to meet the needs of the enlarged class of

borrowers under these programs, the Managers believe it is important to make

commensurate increases in the program levels of these programs, where appropriate.

The Secretary should utilize the authority provided under Section 6418 to charge

fees to lenders to reduce the subsidy cost of operating these programs in order to provide

additional assistance to rural communities at a reduced cost to the taxpayer. The

Managers encourage the Secretary to work closely with rural communities, rural lenders,

and the relevant committees in Congress as the Department utilizes the new guaranteed

lending authorities provided in this bill.

In addition, as the volume of lending increases under the guaranteed lending

programs, the Managers recognize the need for the Department to streamline the approval

process. The Managers encourage the Secretary to find ways to make application

reviews more efficient and more standardized. In addition to technology, process, and

regionalization improvements that can be made, the Managers also believe that utilizing

the authorities of Sec 364 of the Consolidated Farm and Rural Development Act (7

U.S.C. 1926(a)) to develop certified lender programs will encourage public-private

partnerships and expedite investment into rural infrastructure.

(31) Guaranteed Loan Fees

The House bill amends section 333 of the Consolidated Farm and Rural

Development Act to require the Secretary to collect fees on insured or guaranteed loans

in amounts that when combined with any appropriated funds equal the subsidy on such

loans. (Section 6203(a))

The Senate amendment amends section 333 of the Consolidated Farm and Rural

Development Act to require the Secretary to charge lenders of guaranteed loans a fee to

offset subsidy costs. (Section 6117(a))

The Conference substitute adopts the House provision with an amendment to

provide that the Secretary charge and collect from the lender fees in such amounts as to

bring down the costs of subsidies for the insured or guaranteed loan, except that the fees

shall not act as a bar to participation in the programs nor be inconsistent with current

practices in the marketplace. (Section 6418)

Guaranteed lending programs are important to meeting credit needs of rural

borrowers who are unable to qualify for conventional credit. The Managers believe a

modest increase in fees in the Community Facilities and Water and Waste Disposal

programs can achieve a zero-subsidy rate and potentially minimize or eliminate the need

for future appropriations while increasing the volume of loans extended to rural

communities. However, the Managers are also mindful that guaranteed lending under

these programs serves a public policy purpose and encourages the Secretary to work with

the Committees on Appropriations to establish a fee structure, annual appropriations

amount, and program level appropriate to achieve that purpose.

To assist in determining the appropriate fee structure and to examine the potential to

reduce subsidy rates under other guaranteed lending programs, the Managers direct the

Secretary to conduct a study of several guaranteed lending programs to clarify the extent

of necessary fee increases; the impact on loan volume; whether fee increases could be

structured to minimize impact on smaller lenders and borrowers; and how to better

enhance credit terms for future borrowers, lenders and secondary market participants. In

conducting the study, the Secretary shall consult with a range of stakeholders utilizing

each program from across the rural lending community, including: rural community

leaders, borrowers, rural banking institutions, rural credit unions, Farm Credit

institutions, secondary market participants, and other interested stakeholders.

No later than September 30, 2019, 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 analyzing guaranteed lending under the Community

Facilities, Water and Waste Disposal, Broadband Access, Business and Industry, and

Rural Energy for America programs to determine:

1. The level to which the origination fee and annual renewal fees would need to be

raised in order to:

a. achieve a zero-subsidy level

b. reduce the subsidy rate to a level which will not act as a bar to

participation in the programs nor be inconsistent with current practices in

the marketplace;

2. The projected loan volume and the projected appropriations amount necessary to

support that program level for each program under the fee structures described in

3. Whether such fees would prevent participation by smaller lenders and borrowers.

4. Whether participation under a zero-subsidy structure could be increased by

charging higher fees for larger loans and lower fees for smaller loans and, if so,

what level of fees and loan sizes would achieve higher participation.

5. How subsidy rates are formulated for individual guaranteed lending programs and

how to enhance subsidy rate formulation to reflect performance of each program.

6. Differences between USDA and SBA loan processes and whether USDA could

expedite loan processing and ensure consistency between area service centers,

states and national offices.

7. Whether a transition period is necessary to shift USDA’s guaranteed programs to

a zero-subsidy structure without diminishing existing loan volume.

8. Other actions the department could take to reduce the subsidy cost of running

guaranteed lending programs, besides increasing fees, including a quantification

of the estimated effects of such changes.

(32) Water, Waste Disposal, and Wastewater Facility Grants

The House bill amends section 306(a)(2)(B) to increase the maximum amount of

financing an eligible entity can receive from a revolving fund from $100,000 to

$200,000. The bill reauthorizes the program for fiscal years 2019 through 2023. The bill

also decreases the authorization of appropriations from $30 million to $15 million per

fiscal year. (Section 6204)

The Senate amendment is similar to the House bill and reauthorizes the program

through fiscal year 2023. (Section 6101)

The Conference substitute adopts the House provision. (Section 6403)

(33) Rural Water and Wastewater Technical Assistance and Training Programs

The House bill amends section 306(a)(14)(A) to permit the Secretary to provide

grants to entities which assist eligible rural water systems with long term sustainability

planning. The bill also amends section 306(a)(14)(C) to increase the set-aside of funds

for technical assistance to 3 to 5 percent of funds appropriated for rural water and waste

grants under section 306(a)(2), unless applications qualifying for grants received by the

Secretary from eligible nonprofit organizations for the fiscal year total less than 1% of

those funds. (Section 6205)

The Senate amendment is the same as the House bill. The amendment also

amends Section 306(a)(14)(B) to add a priority for rural water technical assistance and

training to communities affected by emerging contaminants detected in drinking water

and surface water supplies.

The Senate amendment amends section 306(a)(14)(C) to increase the set-aside of

funds for technical assistance up to 3-to-5 percent of funds appropriated for rural water

and waste grants under section 306(a)(2), unless applications qualifying for grants

received by the Secretary from eligible nonprofit organizations for the fiscal year total

less than 3% of those funds. (Section 6102)

The Conference substitute adopts the Senate provision with an amendment to

change the priority to an eligible activity under the technical assistance program.

(Section 6404)

The Managers encourage the Secretary to allow for national applications without

restrictions or award caps for funding under the Essential Community Facilities

Technical Assistance and Training Program from qualified national non-profit

organizations for the sole purpose of providing on-site training and technical assistance

on a national or multi-State regional basis. The Managers note there are no restrictions on

funding awards prescribed in the authorizing statute of the program (Sec. 6006 of the

Agricultural Act of 2014) (P.L. 113-79). The Managers modeled the program after the

Water and Waste Disposal Technical Assistance and Training Program (306)(a)(14) of

the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(14)), which does

not prescribe any caps or restrictions on funding. The Managers intend that applications

not be limited to $150,000 for national and multi-state non-profit applications, but rather

be considered for an amount of no less than $500,000 to provide community facilities

technical assistance and training on a national or multi-state basis.

The Managers recognize that the scientific understanding of the wide variety

of emerging contaminants, including the broad category of substances identified as per-

and polyfluoroalkyl substances (PFAS), is continuing to develop and not yet mature. The

Department and technical assistance providers should utilize the best available science

and rely on the determinations produced by the Environmental Protection Agency when

advising eligible water systems about emerging contaminants under this section.

(34) Rural Water and Wastewater Circuit Rider Program

The House bill amends section 306(a)(22)(B) to increase the authorization of

appropriations to $25 million for FY2018 and each FY thereafter. (Section 6206)

The Senate bill amends section 306(a)(22)(B) to increase the authorization of

appropriations to $25 million for each of fiscal years 2019 through 2023. (Section 6103)

The Conference substitute adopts the Senate provision. (Section 6405)

(35) Tribal college and University Essential Community Facilities

The House bill amends section 306(a)(25)(C) to decrease the authorization of

appropriations to $5,000,000 for each of fiscal years 2019 through 2023. (Section 6207)

The Senate Amendment reauthorizes the Tribal College and University Essential

Community Facilities Program through fiscal year 2023. (Section 6104)

The Conference substitute adopts the Senate provision. (Section 6406)

(36) Business Innovation Services Essential Community Facilities

The Senate amendment amends section 306(a) to authorize the Secretary to make

grants and loans for essential community facilities for business and innovation services,

such as incubators, co-working spaces, makerspaces, and residential entrepreneur and

innovation centers. (Section 12618)

The House bill contains no comparable provision.

The Conference substitute does not adopt the Senate provision.

The Managers recognize the need for additional financial support for community

facilities that support rural businesses and innovation, and make clear that the Secretary

may use programs authorized under 306(a) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1926(a)) to make loans, loan guarantees, and grants for

essential community facilities for business and innovation services, such as incubators,

co-working spaces, makerspaces, and residential entrepreneur and innovation centers.

(37) Emergency and Imminent Community Water Assistance Grant Program (ECWAG)

The House bill amends section 306A to (1) authorize the Secretary to extend the

reservation of funds for an additional 120 days in order to provide potable water to

protect public health, in the event of a natural disaster (including drought); and (2)

authorize appropriations of $27 million for each of fiscal years 2019 through 2023.

(Section 6208)

The Senate amendment amends Section 306A of the Consolidated Farm and

Rural Development Act to: (1) increase the amount of funds reserved for ECWAG grants

to between 5 percent and 7 percent of the funds provided for water and wastewater grants

under section 306(a)(2); (2) authorize appropriations of $50 million for each of fiscal

years 2019 through 2023; (3) prioritize funding of projects that address water

contamination posing a threat to human health of the environment; (4) increase the

maximum amount of a grant to address water quality or quantity decline from $500,000

to $1 million, and: (5) create an interagency task force to study drinking water and

surface water contamination in rural communities and submit its findings to Congress.

(Section 6106)

The Conference substitute adopts the Senate provision with an amendment to

authorize the Secretary to extend the reservation of funds for an additional 120 days in

order to provide potable water to protect public health. (Section 6407)

In implementing the amendment made by this section, the Managers remind the

Department that the Environmental Protection Agency is the lead federal agency charged

with the scientific assessment of potential drinking water contaminants and regulating

treated drinking water. In making awards under (b)(1)(A), the Department should

continue to utilize the Agency’s determinations, or those of relevant state and local

regulators, of what poses a threat to human health or the environment, as required by

Sections 306(a)(9) and (10) of the Consolidated Farm and Rural Development Act (7

U.S.C. 1926(a)).

Additionally, the Department should provide in its regulations implementing this

program that any entities responsible for fouling a drinking water supply are not eligible

to be the recipients of an award under this program.

(38) Water Systems for Rural and Native Villages in Alaska

The House bill reauthorizes the program through FY 2023. (Section 6209)

The Senate amendment amends section 306D to reauthorize the program through

FY 2023, and to: (1) clarify that a consortium of Alaska Native Villages are eligible

recipients of these grants; and (2) provide that up to 2% of the funds appropriated for a

fiscal year may be used by a consortium for training and technical assistance programs.

(Section 6107)

The Conference substitute adopts the Senate provision. (Section 6408)

(39) Household Water Well Systems

The House bill reauthorizes the program through FY 2023 (Section 6210)

The Senate amendment reauthorizes the program through FY 2023, increases the

authorization of appropriations to $40 million annually, reduces the eligibility threshold

for households to those whose income is not more than 60 percent of the median

nonmetropolitan household income for the State, allows for individually owned

household decentralized water and wastewater systems to qualify, and provides that loans

made with grants\ funds shall have an interest rate of 1 percent with a term not to exceed

20 years and cannot exceed $15,000.

The Conference substitute adopts the Senate provision, with an amendment to

increase the authorization of appropriations from $5 million to $20 million for each of

fiscal years 2019 through 2023. (Section 6409)

The Managers intend that the Secretary give priority and work closely with non-

profits having substantial experience in providing direct technical assistance to low-

income homeowners dealing with decentralized water system issues.

In implementing the amendment made by this section, the Managers remind the

Department that the Environmental Protection Agency is the lead federal agency charged

with the scientific assessment of potential drinking water contaminants and regulating

treated drinking water. In making awards under (4) for ground water well contamination,

the Department should continue to utilize the Agency’s determinations, or those of

relevant state and local regulators, of what substances are considered contaminants and

pose a threat to human health or the environment, as required by Sections 306(a)(9) and

(10) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)).

Additionally, the Department should provide in its regulations implementing this

program that any entities responsible for fouling a drinking water supply are not eligible

to be the recipients of an award under this program.

(40) Rural Cooperative Development Grants

The House bill amends section 310B to reauthorize the program through fiscal

year 2023. (Section 6213)

The Senate amendment amends section 310B to: (1) reauthorize the program

through fiscal year 2023; and (2) clarify that research conducted under the cooperative

research program may include that based on data from the latest available Economic

Census conducted by the Bureau of the Census. (Section 6111)

The Conference substitute adopts the Senate provision. (Section 6412)

(41) Intermediary Relending Program

The House bill amends section 310H to: (1) reauthorize the program through

FY2023; and (2) reduce the authorization of appropriations to $10 million per year.

(Section 6217)

The Senate amendment amends section 310H to: (1) reauthorize the program

through FY 2023; (2) increase to $400,000 the maximum loan amount an intermediary

may lend to a qualified project; (3) reduce the matching amounts for preferred lenders;

and (4) allow for return of equity to an intermediary consistent with loan amortization

schedules. (Section 6115)

The Conference substitute adopts the Senate provision. (Section 6416)

(42) Exclusion of Prison Populations from Definition of Rural Area

The House bill amends section 343(a)(13) of the Consolidated Farm and Rural

Development Act by excluding incarcerated prison populations from inclusion in the

determination of whether an area is “rural” or a “rural area.” (Section 6218)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

clarifying that the exemption applies to populations incarcerated on a long-term or

regional basis. (Section 6301)

(43) Rural Business-Cooperative Service Programs Technical Assistance and Training

The Senate amendment adds a new section 368 to the Consolidated Farm and

Rural Development Act authorizing the Secretary to make grants for technical assistance

and training to assist rural communities in accessing programs offered through Rural

Business and Cooperative Services, with a priority for grants serving persistent poverty

counties and high poverty communities. (Section 6118)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

provide that any amounts authorized to be appropriated for any fiscal year that are not

appropriated for that fiscal year may be appropriated for the immediately succeeding

fiscal year. (Section 6419)

(44) Establishment of Technical Assistance Program

The Senate amendment requires the Secretary to establish a technical assistance

program to improve access by Tribal entities to rural development programs. (Section

12514)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6302)

(45) Rural Microentrepreneur

The House bill reauthorizes appropriations for the program of $4 million for each

of fiscal years 2019 through 2023. (Section 6221)

The Senate amendment reauthorizes appropriations for the program of $20

million for each of fiscal years 2019 through 2023.

The Senate amendment establishes the minimum funding level an eligible

microenterprise development organization can receive in technical assistance grants in an

amount equal to not less than 20% of the total outstanding balance of microloans made

by the microenterprise development organization, subject to satisfactory performance and

the availability of funding. (Section 6121)

The Conference substitute adopts the Senate provision with an amendment

capping the maximum funding level an eligible microenterprise development

organization can receive in technical assistance grants to not more than 25 percent of the

total outstanding balance of microloans made. (Section 6422)

(46) Rural Innovation Stronger Economy Grant Program

The Senate amendment amends Subtitle D of the Consolidated Farm and Rural

Development Act to establish a competitive grant program to establish job accelerators to

improve the ability of distressed rural communities to create high-wage jobs, accelerate

the formation of new businesses, and help rural communities identify and maximize local

assets. Grants for job accelerators will be provided in not fewer than 25 states. (Section

12619)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment.

(Section 6424)

The Managers recognize the importance of a broad coalition of stakeholders for

implementation of a rural jobs accelerator partnership funded through this program. For

this reason, beyond the criteria already described in the Conference substitute for the

working group that makes up a rural jobs accelerator partnership, the Managers intend an

applicant may consider including one or more representatives of an economic

development or other community or labor organization; a financial institution, including a

community development financial institution (as defined in section 103 of the

Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C.

4702); a philanthropic organization; or a rural cooperative, if the cooperative is organized

as a nonprofit organization.

The Managers intend that in addition to the selection criteria stipulated in the

Conference substitute, an applicant may also be asked to indicate the speed of available

broadband service or how the jobs accelerator plans to improve access to high-speed

broadband service, if necessary, and leverage that broadband service for programs of the

jobs accelerator. To be selected for a grant through this program, an applicant should

provide details on the identified industry cluster in their application, including a

description of data showing the existence of emergence of an industry cluster; the

importance of the industry cluster to economic growth in the identified region; the unique

assets the identified region has to support the industry cluster and to have a competitive

advantage in that industry cluster; evidence of a concentration of firms or concentration

of employees in the industry cluster; and available industry-specific infrastructure that

supports the industry cluster. The applicant should also provide a description of how the

rural jobs accelerator partnership would improve the competitiveness of the identified

region, the ability to repatriate United States jobs, the fostering of high-wage job creation,

the support of innovation and entrepreneurship, and the promotion of private investment

in the identified regional economy.

The Managers believe the flexible use of funds through this program is important

to successful rural jobs accelerator partnerships. The innovation center that may be

funded through this program may function as or be used for housing for business owners

or workers; co-working space, which may include space for remote work; space for

businesses to utilize with a focus on entrepreneurs and small and disadvantaged

businesses but that may include collaboration with companies of all sizes; job training

programs; and efforts to utilize the innovation center as part of the development of a

community downtown, among other uses deemed appropriate by the Secretary. Support

programs that may be funded through this program may include integrating small

businesses into a supply chain; creating or expanding commercialization activities for

new business formation; identifying and building assets in rural communities that are

crucial to supporting regional economies; facilitating the repatriation of high-wage jobs

to the United States; supporting the development of innovative processes, technologies,

and products; enhancing the capacity of small businesses in regional industry clusters,

including small and disadvantaged business; and increasing United States exports and

business interaction with international buyers and suppliers.

The Managers recognize the need for federal interagency support of rural jobs

accelerator partnerships. Beyond the Secretary of Commerce (or a designee) and the

Secretary of Agriculture (or a designee) co-chairing the task force to oversee this

program, this task force should also include the Secretary of Education (or a designee);

the Secretary of Energy (or a designee); the Secretary of Health and Human Services (or

a designee); the Secretary of Housing and Urban Development (or a designee); the

Secretary of Labor (or a designee); the Secretary of Transportation (or a designee); the

Secretary of the Treasury (or a designee); the Administrator of the Environmental

Protection Agency (or a designee); the Administrator of the Small Business

Administration (or a designee); the Federal Co-Chair of the Appalachian Regional

Commission (or a designee); the Federal Co-Chairman of the Board of the Delta

Regional Authority (or a designee); the Federal Co-Chair of the Northern Border

Regional Commission (or a designee); national and local organizations that have relevant

programs and interests that could serve the needs of the jobs accelerators; representatives

of State and local governments or State and local economic development agencies;

representatives of institutions of higher education, including land-grant universities; and

such other heads of Federal agencies and non-Federal partners as determined appropriate

by the co-chairs of the task force.

(47) Northern Great Plains Regional Authority

The House bill amends section 383N(a) of the Consolidated Farm and Rural

Development Act by extending and reducing the authorization of appropriations to $2

million for each of fiscal years 2019 through 2023. (Section 6224)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(48) Rural Business Investment Program

The Senate amendment amends Subtitle H of the Consolidated Farm and Rural

Development Act to: (1) change the definition of capital for purposes of the program

from “venture capital” to “equity capital”; (2) remove the $500 cap on guarantee fees the

Secretary may charge; (3) increase the limitation on rural business investment companies

controlled by Farm Credit System institutions from 25% to 50% before the rural business

investment company is prohibited from providing equity investments to companies that

are not otherwise eligible to receive financing from the Farm Credit System; and (4)

prohibit the Secretary from requiring an entity applying to become a certified rural

business investment company provide investment or capital that is not required of other

companies eligible to apply to operate as a rural business investment company. (Section

12626)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6426)

(49) Electric Loan Refinancing

The Senate amendment amends section 2(a) of the Rural Electrification Act of

1936 to authorize the Secretary refinance electric and telephone loans made by the Rural

Utilities Service. (Section 6201)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6501)

The Managers expect that all affected federal agencies will work together to

expeditiously implement the new authority to refinance Rural Utilities Service and

Federal Financing Bank loans. Within 90 days USDA should publish a notice detailing

implementation of the re-financing provisions.

The Managers expect that the new refinancing authority gives the agency the

ability to issue a new loan with new terms with the proceeds being used to repay or pre-

pay an existing loan. These transactions should not be considered loan modifications. The

Managers do not expect any additional budget authority to be necessary to implement

these provisions.

(50) Technical Assistance for Rural Electrification Loans

The Senate amendment amends section 2 to require the Secretary to enter into an

MOU with the Department of Energy under which the Secretary of Energy shall provide

technical assistance to the Rural Utilities Service on loans to be made for electrification

loans. (Section 6202)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

clarifying that the Department of Energy provides technical assistance to Rural Utilities

Service and not individual borrowers. (Section 6501(b))

(51) Loans for Telephone Service

The Senate amendment amends Section 201 of the Rural Electrification Act of

1936 by making technical changes to remove obsolete provisions. (Section 6203)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6502)

(52) Cushion of Credit Payments Program/Extension

The House bill amends the Rural Electrification Act of 1936 to: (1) authorize

appropriations of $10 million for each of fiscal years 2019 through 2023 for the Rural

Economic Development Loan and Grant Program; and (2) add a new section 313B to

consolidate and specifically authorize the statutory provisions governing the Rural

Economic Development Loan and Grant Program. (Section 6304)

The Senate amendment amends the Rural Electrification Act of 1936 to: (1)

authorize appropriations of $5 million for each of fiscal years 2022 and 2023 for the

Rural Economic Development Loan and Grant Program; (2) provide mandatory CCC

funding of $5 million for each of fiscal years 2022 and 2023; (3) provide for the

continuation of the Rural Economic Development Loan and Grant Program beyond the

current expected cessation of the Program with the expiration of the final certificate of

beneficial ownership in FY2021; (4) cease additional deposits into the Cushion of Credit

beginning October 1, 2018; and (5) modify the fixed interest rate and 5 percent paid on

Cushion of Credit deposits to the rate used to make payments on the 5-year Treasury

note, not to exceed 5%. (Section 6204)

The Conference substitute adopts the Senate provision with an amendment to cease

additional deposits into the Cushion of Credit beginning on the date of enactment of the

Agriculture Improvement Act of 2018; and to modify the interest paid on Cushion of

Credit deposits from a fixed interest rate of 5 percent currently paid on Cushion of Credit

deposits to 4 percent in fiscal year 2021, and to an amount equal to the 1-year Treasury

rate thereafter. In addition, beginning on the date of enactment through September 30,

2020, a borrower may reduce the balance of its Cushion of Credit account if the amount

obtained from the reduction is used to prepay loans made or guaranteed under the Rural

Electrification Act of 1936. No prepayment premium will be imposed or collected with

respect to that portion of a loan that is prepaid by a borrower under this limited

prepayment authority. (Section 6503 & 6504)

The managers expect that all affected federal agencies will work together to

expeditiously implement the new authority to prepay Rural Utilities Service and Federal

Financing Bank loans without penalty under this section. Within 90 days of enactment,

USDA should publish a notice detailing implementation of the Cushion of

Credit provisions. The Managers do not expect any additional budget authority to be

necessary to implement these provisions.

In providing the authority for depositors to prepay loans with balances in the

Cushion of Credit account, it is the Managers’ intention that each depositor be able to

apply funds to individual loans of the depositor’s choosing.

(53) Guarantees for Bonds and Notes Issued for Electrification for Telephone Purposes

The House bill amends section 313A of the Rural Electrification Act of 1936 to:

(1) strike the requirement that loans be made solely for the purpose of electrification or

telephone purposes under the Act, and instead allow that utility infrastructure loans be

made to, or refinanced for, eligible borrowers under the Rural Electrification Act; (2)

prescribe terms of the guarantees, including to require that the term of each guarantee

must be 35 years; and (3) require that the Secretary carry out section 313A, as amended,

under a notice of Solicitation of Applications until all necessary regulations are fully

implemented. (Section 6301 & 6303)

The Senate amendment amends section 313A of the Rural Electrification Act of

1936 to: (1) same as House bill; (2) prescribe terms of the guarantees, including to

provide that the term of a guarantee, by agreement between the Secretary and the

borrower, may be for a term of 30 years (or another term of years that the Secretary

determines is appropriate); (3) substantially similar to the House bill; (4) extend the

termination date until September 30, 2023; and (5) strikes the prohibition against the

Secretary guaranteeing payment on a bond or note issued by a lender, the proceeds of

which are used for the generation of electricity. (Section 6205)

The Conference substitute adopts the Senate provision. (Section 6505)

The Managers have included language to streamline the Guaranteed Underwriter

Program. The Managers intend that this program will continue to guarantee loans or

refinance bonds or notes issued by cooperative lenders for the purposes of assisting

utilities in improving their infrastructure. These electric and telecommunications utilities

include any former RUS borrower that has repaid or prepaid an insured, direct or

guaranteed loan under the Rural Electrification Act of 1936, or any utility that is eligible

to receive an insured or direct loan under such Act.

(54) Expansion of 911 Access

The House bill reauthorizes section 315 of the Rural Electrification Act of 1936

through 2023. (Section 6302)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6506)

(55) Transparency in the Telecommunications Infrastructure Loan Program

The Senate amendment amends Title VI of the Rural Electrification Act of 1936

to require the Secretary to publish and make available to the public a fully searchable

database related to the Telecommunications Infrastructure Loan and Loan Guarantee

Program, including: (1) a notice and specified details of each application; (2) a notice

and specified details of each borrower receiving assistance; and (3) other information

sufficient to allow the public to understand the assistance provided.

The Senate amendment also requires the Secretary to provide an opportunity for

the public to submit information concerning the service the borrower is offering in the

census blocks proposed in an application. (Section 6208)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

expand the transparency and reporting requirements to all broadband infrastructure

programs administered by USDA, remove references to census blocks, and moves some

existing reporting language from Section 601 of the Rural Electrification Act of 1936 to a

new Section 701. (Section 6207)

In adopting a substitute amendment, the Managers have established a single

process for providing notice and assessments of proposed service territories across

multiple USDA broadband programs. The amendment will ensure that the Secretary will

be required to follow the same process for making information about applicants for retail

broadband assistance publicly available, regardless of which program the assistance is

provided through. Similarly, existing broadband providers will have a single source of

information about proposed projects in which they might be considered incumbent

providers.

The amendment also seeks to move the Department away from the inaccurate,

census-block approach to determining the existing service within a proposed service

territory. Census-block level data has long been identified as a significant stumbling

block to gaining an accurate map of broadband deployment in rural areas. The

amendment requires existing service providers to provide data on their operations only

within the borders of the proposed service territory. The Managers intend that the

Secretary implement this section by requiring applicants and existing providers to each

provide service point-level data when submitting data under this section, as appropriate.

(56) Cybersecurity and Grid Security Improvements

The Senate amendment amends Title III of the Rural Electrification Act of 1936

by adding at the end a new section authorizing the Secretary to make or guarantee electric

loans for cybersecurity and grid security improvements. (Section 6210)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6507)

(57) Rural Energy Savings Program

The House bill amends section 6407 of the Farm Security and Rural Investment

Act of 2002 to: (1) require the Secretary to not include any debt incurred under the Rural

Energy Savings Program incurred in the calculation of a borrower’s debt equity ratio for

the purposes of determining eligibility for loans under the Rural Electrification Act; (2)

require the Secretary to streamline accounting requirements imposed on borrowers while

maintaining adequate assurances of loan repayment; (3) increase the interest rate that a

borrower may charge when relending programs funds from 3% to 5%; (4) require the

Secretary to submit a report to Congressional authorizing committees on program

administration; and (5) reauthorize the program through 2023. (Section 6401)

The Senate amendment amends Section 6407 of the Farm Security and Rural

Investment Act of 2002 to: (1) very similar provision; (2) very similar provision; (3)

increase the interest rate that a borrower may charge when relending program funds from

3% to 6%; (4) very similar provision; (5) reauthorized the program through 2023; and (6)

amend the definition of “energy efficiency measures” eligible for financing to

specifically include cost-effective on- or off- grid renewable energy or energy storage

systems. (Section 6302)

The Conference substitute adopts the Senate provision with an amendment to

increase the interest rate a borrower may charge when relending program funds from 3

percent to 5 percent. (Section 6303)

(58) Regional Economic and Infrastructure Development Commissions/Northern Border

Regional Commission

The House bill amends 40 U.S.C. 15751 to reauthorize the Commissions through

fiscal year 2023. (Section 6503)

The Senate amendment amends Section 15751(a) of title 40, United States Code,

to reauthorize the Northern Border Regional Commission, the Southwest Border

Regional Commission, and Southeast Crescent Regional Commission through 2023.

The Senate amendment also establishes a State capacity building grant program to

provide grants to Commission States to carry out several stated purposes, including to

better support business retention and expansion in eligible counties and to implement new

or innovative economic development practices. The amendment also adds 2 counties in

New Hampshire and 8 in Vermont to region of the Northern Border Regional

Commission. It provides several administrative provisions governing the grant program

and authorizes such sums as may be necessary to provide up to $5 million per fiscal year

to carry out the grant program. (Section 6304)

The Conference substitute adopts the Senate provision with an amendment adding

additional New York counties and authorizes appropriations of $33 million for each of

fiscal years 2019 through 2023. (Section 6304)

(59) Definition of Rural Area for Purposes of the Housing Act of 1949

The House bill amends section 520 of the Housing Act of 1949 to update the

census years for the purposes of defining “rural” and “rural area.” The provision

maintains the 35,000 population threshold for areas rural in character and with a serious

lack of mortgage credit for lower and moderate-income families. (Section 6504)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6305)

(60) Limited Exclusion of Military Base Populations from Definition of Rural Area

The House bill amends section 313(a)(13) of the Consolidated Farm and Rural

Development Act to provide that the first 1,500 individuals who reside in housing located

on a military base shall not be included in determining whether an area is “rural” or a

“rural area.”

The House bill amends section 601(b) to provide that the first 1,500 individuals

who reside in housing located on a military base shall not be included in determining

whether an area is a “rural area.”

The House bill also amends section 2332 of the Food, Agriculture, Conservation,

and Trade Act of 1990 to define “rural area” for purposes of the Distance Learning and

Telemedicine program. (Section 6505)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6301)

(61) Council on Rural Community Innovation and Economic Development

The Senate Amendment establishes a Council on Rural Community Innovation

and Economic Development to enhance the efforts of the Federal Government to address

the needs of rural areas through enhanced use of coordination, innovation, and investment

to promote rural economic prosperity. (Section 6305)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 6306)

Sec. 6306(h)(3)(A)(ii)(I): Report by the Rural Smart Communities Working

Group - The report to be submitted to Congress not later than one year after the

establishment of the Rural Smart Communities Working Group shall describe efforts that

communities in rural areas can undertake to integrate ‘smart’ technology into their

communities to solve challenges relating to governance, economic development, quality

of life, or other relevant issues, as determined by the Secretary. Other such issues the

Working Group shall describe when considering challenges faced by rural communities

should include, but are not limited to, energy delivery and reliability, transportation,

public health, healthcare, law enforcement and public safety, housing, and other vital

public functions.

In addressing the aforementioned challenges, the report shall include a description

of efforts of rural communities to apply innovative and advanced technologies and related

mechanisms, to increase the efficiency and cost effectiveness of related civic operations

and services, and to create a more sustainable and resilient community. Furthermore, the

report shall include an analysis on efforts to integrate ‘smart’ technology into rural

communities, the barriers and challenges faced by rural areas to integrate such

technology into their communities, what Federal resources can be utilized to assist rural

communities in this regard, as well as including recommendations on how best to deploy

Federal resources to assist rural areas in integrating such technologies and resources in

their communities and how rural communities can better leverage private sector resources

to integrate such technologies and resources

Sec. 6306(h)(3)(A)(ii)(II): Rural Smart Community Resource Guide- The

resource guide to be created, published, and maintained for rural communities to develop

and implement rural smart community programs may include a compilation of existing

related Federal and non-Federal programs available for rural communities to provide

such resources that may include technical assistance, education and training, funding

opportunities, or other programs. The resource guide may also include examples of rural

community engagement with private-sector entities to implement smart community

solutions, examples of best practices and successful methods rural communities have

undertaken to facilitate integration of smart technologies, and other such relevant topics

that further assist rural communities obtain necessary information when developing and

implementing rural smart community programs.

In creating the Rural Smart Community Resource Guide, the Rural Smart

Communities Working Group shall seek appropriate information from States and local

governments in the creation and maintenance of the resource guide, and shall conduct

outreach to States, counties, communities, and other relevant entities to provide interested

stakeholders with the published Rural Smart Community Resource Guide, and

subsequent iterations.

The Working Group shall periodically update and distribute the Rural Smart

Community Resource Guide, as relevant and necessary.

Separately, the Managers recognize that existing programs within the Rural

Development Title may be used to support outdoor recreation investments that meet the

applicable program requirements. To increase the impact of these programs on the

outdoor recreation economy, the Managers expect the Secretary to identify and support

opportunities for outdoor recreation-related investments that result in rural economic

growth, including outdoor recreation businesses, facilities, infrastructure, planning, and

marketing. The Managers also expect the Secretary to encourage coordination between

Rural Development and U.S. Forest Service staff to identify opportunities to cooperate

and leverage resources and investments.

(62) Elimination of Unfunded Programs

The House bill repeals sections 306(a)(23), 310B(f), 379, 379A, 379C, 379D,

379F, and Subtitle I of the Consolidated Farm and Rural Development Act, and makes

conforming amendments.

The House bill also repeals sections 314 and 602 of the Rural Electrification Act

of 1936 and makes conforming amendments. (Section 6601)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6601)

(63) Repeal of Rural Telephone Bank

The House bill repeals Title IV of the Rural Electrification Act of 1936 and makes

conforming amendments. (Section 6602)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6602)

(64) Amendments to the Local TV Act

The House bill amends the Launching Our Communities’ Access to Local

Television Act of 2000 by retitling it and repealing sections 1001, 1002, 1003, 1004,

1005, 1006, 1007, 1009, 1010, 1011, and 1012. (Section 6603)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6603)

(65) Corrections Relating to the Consolidated Farm and Rural Development Act

The House bill provides technical corrections to the Consolidated Farm and Rural

Development Act. (Section 6701)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6701)

(66) Corrections Relating to the Rural Electrification Act of 1936

The House bill provides technical corrections to the Rural Electrification Act of

1936. (Section 6702)

The Senate Amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 6702)

Title VII – Research

The Managers recognize that Federal investment in public agricultural research

has been trending downward in real dollars since 2003. This comes at a time when

farmers are struggling to make ends meet and are in desperate need of new tools to cut

costs, combat crop disease, and protect against flood and drought. Furthermore, the

demands of a growing and hungry world population require that American agricultural

research again take the lead in advancing innovation in food production.

The Managers recognize that the U.S. has been second to China in total public

agricultural research funding since 2008, and China’s spending on public agricultural

research and development is now nearly double that of the United States. We are at a

critical juncture and must reverse this trend to reassert our nation’s global leadership in

agricultural research.

(1) Purposes of agricultural research, extension, and education; International

agriculture research

The House bill amends section 1402 of the National Agricultural Research,

Extension, and Teaching Policy Act of 1977 (“NARETPA”) to add the purpose of

supporting international scientific collaboration that leverages resources and advances the

food and agricultural interests of the United States. (Section 7101)

The Senate amendment is substantially identical to the House bill, except that it

also provides a list of illustrative examples. (Section 7101)

The Conference substitute adopts the Senate provision. (Section 7101)

(2) Matters relating to certain school designations and declarations

The House bill amends the definition of “NLGCA Institution” and “non-land-

grant college of agriculture” in section 1404(14) of NARETPA to mean a public college

or university offering a baccalaureate or higher degree in the study of agricultural

sciences, forestry, or both, which is any of the 32 specified areas of study. The House

provision establishes a process of review within 90 days of enactment of each NLGCA to

ensure compliance with the revised definition and to propose revocation of the designated

NLGCA for noncompliance. The House provision also extends until fiscal year 2023 the

current law authority for cooperating forestry schools and Hispanic-serving agricultural

colleges to no longer be designated as such institutions. (Section 7102)

The Senate amendment amends the section 1404(14) definition of an NLGCA to

mean a public college or university offering a baccalaureate or higher degree in the study

of agricultural sciences, forestry, or both, which may include any of same 32 specific

areas of study specified in the House bill and any other area determined appropriate by

the Secretary. Similar to the House bill, the Senate amendment establishes a process of

review within 90 days of enactment of each NLGCA to ensure compliance with the

revised definition and to propose revocation of the designated NLGCA for

noncompliance. (Section 7102)

The Conference substitute adopts the Senate provision, with an amendment that

specifies in the definition of NLGCA that the study of agricultural sciences, forestry, or

both is any of the 32 specified areas of study or any other area determined appropriate by

the Secretary. (Section 7102)

The Managers expect the Secretary to rigorously scrutinize any other area of study

beyond those specifically enumerated in statute before determining such area of study to

be appropriate for the purposes of designating an NLGCA institution. Such area of study

should be closely related to the core areas of agricultural sciences and forestry that are

listed in the definition.

(3) National agricultural research, extension, education, and economics advisory board

The House bill amends section 1408 of NARETPA to reauthorize the National

Agricultural Research, Extension, Education, and Economics Advisory Board. It amends

the membership composition of the Advisory Board and directs the Advisory Board to

make recommendations and to address long- and short-term national priorities consistent

with various priorities of the Agriculture and Food Research Initiative and NARETPA.

(Section 7103)

The Senate amendment amends section 1408 to reauthorize the Advisory

Board. (Section 7103)

The Conference substitute adopts the House provision with an amendment to the

membership composition of the Advisory Board to include a national association of

agricultural economists. (Section 7103)

(4) Specialty crop committee; Citrus disease subcommittee

The House bill amends section 1408A of NARETPA to extend the citrus disease

subcommittee of the specialty crops committee through September 30, 2023. It increases

the membership of the citrus disease subcommittee from 9 to 11 members and increases

from 3 to 5 the number of members who represent Arizona or California. (Section 7104)

The Senate amendment extends the citrus disease subcommittee of the specialty

crops committee through September 30, 2023. (Section 7104)

The Conference substitute adopts the House provision. (Section 7104)

(5) Renewable energy committee

The House bill discontinues the Renewable Energy Committee by repealing

section 1408B of NARETPA. (Section 7105)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 7105)

(6) Veterinary services grant program

The Senate amendment amends section 1415B of NARETPA to sunset the

authorization for the Veterinary Services Grant Program in fiscal year 2023, to require

that not less than two-thirds of the funds made available under section 1415B be awarded

to qualified entities with a focus on food animal medicine, and to add to the preference

for selecting grant recipients, qualified entities exposing students in grades 11 and 12 to

education and career opportunities in food animal medicine. (Section 7105)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments to

remove the authorization sunset, to require the Secretary to prioritize grant awards for

programs or activities focused on the practice of food animal medicine, and to specify

that a qualified entity may use grant funds to expose students in grades 11 and 12 to

education and career opportunities in food animal medicine. (Section 7106)

The Managers intend to enhance the Veterinary Services Grant Program (VSGP),

which was developed to relieve veterinary shortage situations and support veterinary

services. To increase the number of food animal veterinarians, the Managers intend to

recruit high school students and provide work experience to expose them to veterinary

career opportunities. According to data from the Department of Agriculture (USDA),

approximately 15 percent of veterinarians specialize in food animal or mixed animal

practice while two-thirds practice exclusively on companion animals. Prioritizing food

animal medicine in the VSGP will allow for additional grants to develop, implement, and

sustain food animal veterinary services through education, training, recruitment,

placement, and retention of veterinarians, veterinary technicians, and students of

veterinary medicine and technology, and to establish or expand veterinary practices in

rural areas.

(7) Research equipment grants

The House bill adds a new section 1462A of NARETPA to establish a

competitive grants program for the acquisition of research equipment for use in food and

agricultural sciences programs. Further, it stipulates grant amounts may not exceed

$500,000 to an eligible institution and authorizes $5 million for each of fiscal years 2019

through 2023. Additionally, the House bill defines “eligible institution” to mean a

“college or university” or a State cooperative institution. (Section 7121)

The Senate amendment adds a new section 1419 to establish a competitive grants

program that is substantially similar to the House bill, with the exception that the Senate

amendment defines “eligible institution” to mean “an institution of higher education as

defined in section 101(a) of the Higher Education Act of 1965” or a State cooperative

institution. (Section 7107)

The Conference substitute adopts the House provision. (Section 7125)

(8) Next generation agriculture technology challenge

The Senate amendment adds a new section 1419C to NARETPA to establish a

next generation agriculture technology challenge competition to incentivize the

development of innovative mobile technology that removes barriers to entry in the

marketplace for beginning farmers and ranchers. The Senate amendment provides that

the Secretary may award not more than $1,000,000 in the aggregate to 1 or more winners

of the competition. (Section 7110)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7110)

The Managers recognize that there are many barriers to entry for new and

beginning farmers and ranchers. One of the major challenges includes the lack of

innovative mobile technology to help new and beginning farmers and ranchers start

farming. The Managers intend that this authority be used to stimulate new advancements

to bridge gaps in technology and better serve new and beginning farmers and ranchers.

(9) Nutrition education program

The House bill strikes section 1425 in NARETPA to discontinue the nutrition

education program and to strike funding for the expanded food and nutrition education

program. (Section 7110)

The Senate amendment amends section 1425 to extend the authorization of

appropriations for the nutrition education program and the expanded food and nutrition

education program through fiscal year 2023. (Section 7111)

The Conference substitute adopts the Senate provision with an amendment to

allow the expanded food and nutrition education program to coordinate with the nutrition

education and obesity prevention grant program under section 28 of the Food and

Nutrition Act or another health promotion or nutrition improvement strategy. (Section

7112)

(10) Extension carryover at 1890 land-grant colleges, including Tuskegee University

The House bill amends section 1444(a) of NARETPA to allow 1890 colleges to

carry forward to the succeeding fiscal year more than 20 percent of the funds they receive

in a given fiscal year, effective October 1, 2018. (Section 7112)

The Senate amendment is substantially similar to the House bill but does not

specify an effective date of October 1, 2018. It also requires an annual report to Congress

describing allocations made to, and matching funds received by, 1890 colleges and 1862

land-grant colleges for extension. (Section 7114)

The Conference substitute adopts the Senate provision with an amendment

striking the annual report requirement and moves it to section 7116. (Section 7114)

The Managers encourage USDA to allow extension funding to carry over at 1890

institutions in a similar manner to 1862 institutions.

(11) Report on allocations and matching funds for 1890 Institutions

The House bill directs the Secretary to transmit to Congress annually a report on

the allocations made to, and matching funds received by, institutions pursuant to sections

1444 and 1445 of NARETPA. (Section 7106)

The Senate amendment amends section 1445 to require an annual report to

Congress describing allocations made to, and matching funds received by, institutions

under section 1445 and institutions designated under the Act of July 2, 1862. (Section

7115)

The Conference substitute adopts the Senate provision with amendments to

include allocations and matching funds received by institutions under section 1444 of

NARETPA, subsections (b) and (c) of section 3 of the Smith-Lever Act, and the Hatch

Act of 1887. (Section 7116)

The Managers recognize the important role that land-grant colleges have

throughout the country, particularly in agricultural research and extension. It will benefit

farmers, producers, and other community stakeholders if state governments match the

federal government’s funding level commitments at both 1890 and 1862 land-grant

colleges. The Managers expect that the Secretary’s annual report on the efforts made by

States to match dollar-for-dollar federal funding will provide additional information to

Congress for future policy decisions, help land-grant colleges better serve their

communities, and encourage States to provide additional support for agricultural

research.

(12) New beginning for tribal students

The House bill amends section 309(b) of the Department of Agriculture

Reorganization Act of 1994 to require the Secretary, within a year of the date of

enactment, to establish a "New Beginnings Initiative" in consultation with the Office of

Tribal Relations, under which the Secretary shall provide funds to a land-grant college or

university in an amount equal to the funds such college or university expends for

providing Indians educational programs and services, or tuition at such college or

university. (Section 11204)

The Senate amendment adds a new section, 1450, to NARETPA authorizing the

Secretary to award competitive grants to land-grant colleges or universities to provide

identifiable support specifically targeted for Tribal students. A land-grant college or

university that receives a grant under this section shall provide matching funds toward the

cost of carrying out the support in an amount equal to not less than 100 percent of the

grant award. The Senate amendment provides that no State shall receive more than

$500,000 per year through grants under this program. Additionally, it requires that the

Secretary provide a report on the type of grants awarded, the amounts awarded, and the

graduation rate of student awardees and authorizes appropriations in the amount of $5

million for each of fiscal years 2019 through 2023. (Section 7118)

The Conference substitute adopts the Senate provision with amendments

specifying that the term “land-grant college or university” includes a 1994 Institution and

other technical changes. (Section 7120)

(13) Binational agricultural research and development (BARD)

The Senate amendment amends section 1458 of NARETPA to provide that

activities under the BARD Fund to promote and support agricultural research and

development that are of mutual benefit to the United States and Israel shall be carried out

in a manner consistent with the section and to accelerate the demonstration, development,

and application of agricultural solutions resulting from or relating to BARD Fund

programs. (Section 7120)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

striking that the activities be carried out in a manner consistent with the section. (Section

7122)

The Managers acknowledge the strong research and development partnership

between the United States of America and the Government of Israel, carried out through

activities under the Binational Agricultural Research and Development (BARD) Fund.

The Managers encourage the Secretary to promote, support, and expand agricultural

research and development that are of mutual benefit to the United States and Israel.

In addition, the Managers intend for USDA, in coordination with the Government

of Israel, to pursue the expansion of activities under BARD to accelerate the

demonstration, development, and application of agricultural solutions resulting from or

relating to BARD Fund programs. The broader BARD areas of interest for collaborative

priorities include:

(A) increased efficiency of agricultural production including sustainable

development, efficient use of resources, economic evaluation of policies and

regulatory issues, and crops that yield higher value per unit;

(B) protection of plants and animals against biotic stress, including pest

genetics in biological environments, invasive species, and emerging diseases;

such as tolerance to drought, salinity, high temperature and nutrient stresses;

(D) food quality, safety and security including improved assessment and

detection methods, food nutritive value in relation to human health, functional

foods, reliable supply, and postharvest treatments;

(E) water quality and quantity including efficient use of low quality water,

improved economic return for water in agriculture, crop response to soil and

water quality and its constituents, impact of nutrients on water quality;

(F) functional genomics and proteomics that deal with important

agricultural issues including production and protection traits, genetic

optimization, and increased yield;

(G) sensors and robotics linking biological phenomena with sensors or

otherwise bridging into the field of bioengineering, nano-technology, precision

agriculture, and labor reduction; and

(H) sustainable bio-energy systems, including biofuel production systems,

and those that reduce energy costs, leverage renewable resources, reduce

greenhouse gases, and help to diversify the farm economy.

(14) Partnerships to build capacity in international agricultural research, extension, and

teaching

The Senate amendment adds a new section 1458A to NARETPA to promote

building capacity and improving performance among 1862, 1890, 1994, NLGCA,

Hispanic-serving agricultural colleges, and cooperating forestry schools, and similar

institutions in developing countries, to strengthen agricultural research, teaching, and

extension institutions. The section authorizes $10 million for each of fiscal years 2019

through 2023. (Section 7121)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments defining

“developing country” and “international partner institutions” and other technical changes.

(Section 7123)

The Managers understand that global food production must continue to increase

to meet the world’s growing population. The Managers intent is to build capacity and

improve the performance of covered institutions and agricultural higher education

institutions in developing countries performing, or desiring to perform, activities

substantially similar to agricultural research, extension, and teaching activities in order to

solve food, health, nutrition, rural income, and environmental challenges, especially

among chronically food insecure populations.

(15) Limitation on indirect costs for agricultural research, education, and extension

The House bill amends section 1462 of NARETPA to allow indirect cost recovery

charged against any agricultural research, education, or extension grant awarded to

increase from 22 percent to 30 percent of total federal funds received, unless otherwise

provided in law. It clarifies that the limitation on indirect costs applies to both the initial

grant award and any subgrant, so that the total of all indirect costs charged against the

total of the Federal funds provided does not exceed the 30 percent limitation. (Section

7120)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 7125)

(16) Supplemental and alternative crops

The House bill amends section 1473D of NARETPA to reauthorize

appropriations through fiscal year 2023 for the competitive grants program to develop

supplemental and alternative crops. It amends the program to include canola and

alternative crops “for agronomic rotational purposes and for use as a habitat for honey

bees and other pollinators”. (Section 7124)

The Senate amendment is substantially similar to the House bill and also provides

that the Secretary may award grants and enter into agreement or other arrangements to

conduct research related to the development of industrial hemp as well as the

development of new and emerging commercial products derived from hemp. (Section

7125)

The Conference substitute adopts the Senate provision with an amendment to

increase the authorization of appropriations to $2 million for each of fiscal years 2019

through 2023. (Section 7129)

(17) New era rural technology program

The Senate amendment amends section 1473E of NARETPA to reauthorize the

New Era Rural Technology Program for fiscal years 2019 through 2023 and adds

precision agriculture to the areas of technology development, applied research, and

training supported under the program. (Section 7126)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7130)

(18) Agriculture advanced research and development authority pilot (AGARDA)

The Senate amendment adds a new section 1473H to NARETPA to establish the

Agriculture Advanced Research and Development Authority (AGARDA) under the

Office of Chief Scientist. “Advanced research and development” is defined as activities

to overcome long-term and high-risk research challenges in agriculture and food through

acceleration of innovative agricultural research or the development of qualified products

and projects or agricultural technologies. The Senate amendment directs the Secretary to

develop a strategic plan for AGARDA and disseminate the information in the plan to

those who can best contribute to the activities described in the strategic plan. It permits

the Secretary to use “other transaction authority” to expedite awarding grants and

entering into contracts. The provision permits the Secretary to appoint highly qualified

individuals without regard to certain sections of the U.S. Code governing appointments in

the competitive service and without regard to the General Schedule pay rates and

authorizes establishment of the AGARDA Fund in the U.S. Treasury administered by the

Chief Scientist to carry out this section. The provision permits the Secretary to accept and

deposit monies received from cost recovery or contribution into the AGARDA Fund. The

authority under this new section terminates on September 30, 2023. (Section 7128)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments that (1)

broaden the definition of “advanced research and development”, (2) specify that one of

the goals of AGARDA is to undertake advanced research and development in areas that

industry is unlikely to undertake because of technological or financial uncertainty; (3)

add royalty payments as monies that the Secretary may accept and deposit into the

AGARDA Fund and allow amounts deposited into the Fund to remain available until

expended; and (4) modify the termination of effectiveness to 5 years after the date of

enactment and provide exceptions to such termination for certain provisions of the

section. (Section 7132)

The Managers recognize the need to address high risk and long-term challenges

that threaten the stability and economic viability of agriculture in the United States. To do

this effectively, the Managers intend to complement existing research efforts by

providing new authority to spur innovation. As such, the conference substitute establishes

the Agriculture Advanced Research and Development Authority pilot program to carry

out advanced research and development of qualified products and projects, agricultural

technologies, and research tools.

The Managers encourage the Secretary to establish a robust strategic plan for

AGARDA that implements a new approach to problem solving that considers and learns

from the successes and experiences of other advanced research and development

authorities, such as the Defense Advanced Research Projects Agency (DARPA), the

Biomedical Advanced Research and Development Authority (BARDA), and the

Advanced Research Projects Agency–Energy (ARPA–E).

The Managers intend that the Secretary of Agriculture use the other transaction

authority, when appropriate, in a creative manner and subject to the same terms and

conditions as afforded to the Secretary of Defense under DARPA, including that the other

transaction authority may be used when a standard contract, grant, or cooperative

agreement is not feasible or appropriate.

The Managers expect the Secretary to prioritize projects during the pilot program

to meet challenges related to the discovery of solutions to plant and animal disease

threats, including those with the highest risk of emerging or moving transboundary, and

the discovery of mechanization solutions that will provide viable alternatives for labor

intensive aspects of specialty crop production.

The projects funded through this pilot program should address barriers in research

and development that support transformative advances that industry by itself is not likely

to undertake because of technological or financial uncertainty.

The Managers encourage USDA to partner and collaborate with agencies,

relevant industries, academia, and other stakeholders to conduct advanced research and

development. The Managers do not intend for USDA to change how other authorized

agricultural research programs are funded and implemented due to the establishment of

AGARDA.

(19) Rangeland research programs

The House bill amends section 1483 of NARETPA to reauthorize appropriations

for rangeland research through fiscal year 2023 (Section 7127)

The Senate amendment repeals subtitle M of NARETPA to eliminate the

rangeland research program. (Section 7130)

The Conference substitute adopts the House provision. (Section 7134)

(20) Special authorization for biosecurity planning and response

The House bill amends section 1484 of NARETPA to increase authorization of

appropriations to $30 million for each fiscal year 2019 through 2023. The House bill

authorizes the Secretary to use the funding to enter into cooperative agreements, in

addition to awarding competitive grants. It adds that the Secretary shall, in addition to

other stated activities, use the funds to coordinate tactical science activities of USDA’s

Research, Education, and Economics mission area to protect the American agricultural

system against biosecurity threats from pests, diseases, contaminants, and disasters.

(Section 7128)

The Senate amendment reauthorizes appropriations of $20 million for each fiscal

year through fiscal year 2023. (Section 7131)

The Conference substitute adopts the House provision. (Section 7135)

(21) Land-grant designation

The House bill adds a new section to Subtitle C of NARETPA to prohibit the

designation of additional entities as eligible to receive funds under a list of “covered

programs”, including the Hatch Act, the Smith-Lever Act (sections 3(b), (c), and (d)),

McIntire-Stennis Act, and programs funding research, extension, and facilities at 1890

land-grant colleges. It also prohibits the increase of the amount of funding a state can

receive under a covered program as a result of a state’s designation of additional entities

as eligible to receive funds under a covered program. The House bill specifies that this

new section does not limit eligibility for capacity and infrastructure programs specified in

section 251(f)(1)(C) of the Department of Agriculture Reorganization Act of 1994 that

are not covered programs. (Section 7118)

The Senate amendment adds a new section to Subtitle P of NARETPA to prohibit

the designation of additional entities as eligible to receive funds under a list of “capacity

programs”, including the Smith-Lever Act (sections 3(b) and (c)), the Hatch Act,

McIntire-Stennis Act, and programs funding research, extension, and facilities at 1890

land-grant colleges, and other agricultural research, extension, or education programs

relating to capacity and infrastructure. It provides exceptions from the prohibition

against new designations for 1994 institutions under the McIntire-Stennis Act, and in

extraordinary circumstances, as determined by the Secretary. Additionally, the section

prohibits the increase of the amount of funding a state can receive under a capacity

program as a result of the designation of additional entities as eligible to receive funds

under a capacity program. (Section 7133)

The Conference substitute adopts the House provision with amendments that

provide exceptions from the prohibition against new designations for 1994 institutions

and in extraordinary circumstances and that make technical changes. (Section 7111)

The Managers support the continuing mission of the U.S. land-grant university

system to address local, State, and national priorities concerning food and agricultural

sciences. Formula funds provided by USDA support capacity and infrastructure for

research, education, and extension programs related to food and agricultural sciences.

Funds allocated to States for agricultural research programs under the Hatch Act

and agricultural extension programs pursuant to the Smith-Lever Act are based on

individual formulas that take into account rural population and farm numbers. Urban

population and State land area are not considered. The efficiencies gained through central

administration of research, extension, and education programming within the States

reduce costs while maximizing resources devoted to local, State, and national priorities.

The Managers recognize the budgetary limitations facing the land-grant system of

colleges and universities and all other public-sector entities.

Efforts to divide existing land-grant universities under the guise of local control of

extension programing would establish separate, distinct administrative units with the

effect of duplicating administrative costs and burdens, while significantly disrupting the

ability to provide programming on high-priority local, State, and national issues.

The Managers address this concern by prohibiting USDA from providing capacity

funding to institutions not previously designated as land-grant universities, thereby

preserving the capability of the system to address our nation’s priorities within the

budgetary constraints that currently exist.

(22) Scholarships for students at 1890 institutions

The House bill adds a new section to Subtitle G of NARETPA to require the

Secretary to award a grant to each 1890 institution to provide scholarships for students

who have been accepted for admission and will, within one year, be enrolled at the

institution, and who intend to pursue a career in food and agricultural sciences, including

a career in: agribusiness; energy and renewable fuels; and financial management. It

authorizes appropriations of $19 million for each of fiscal years 2019 through 2023 and

requires that each grant be made in the amount of $1 million. (Section 7114)

The Senate amendment requires the Secretary to award a grant to each 1890

institution to provide scholarships for students who seek to attend the institution and

intend to pursue a career in food and agricultural sciences, including agribusiness; food

production, distribution, and retailing; the clothing industries; energy and renewable

fuels; and farming marketing, finance, and distribution. It authorizes appropriations of

$19 million for each of fiscal years 2019 through 2023 and requires the Secretary to

allocate $1 million for a fiscal year to each of the 19 eligible institutions. The Senate

amendment also establishes findings and purposes related to the program. (Section 7134)

The Conference substitute adopts the House provision with amendments to limit

grants to 1890 institutions that have established a competitive scholarship awards process

for this scholarship program and restricts the Secretary from using more than $10 million

in mandatory funds to award grants for each academic year from July 1, 2020 through

July 1, 2023. The substitute provides that each grant be made in an amount not less than

$500,000. The substitute provides $40 million in mandatory funding from the

Commodity Credit Corporation (“CCC”) on October 1, 2019 to remain available until

expended and $10 million in discretionary funding for each of fiscal years 2020 through

2023, with a 4 percent administrative expense cap. The substitute also requires that the

Secretary submit a report to Congress every 2 years. (Section 7117)

(23) National strategic germplasm and cultivar collection assessment and utilization plan

The Senate amendment amends section 1632 of the Food, Agriculture,

Conservation, and Trade Act of 1990 (“FACT Act”) to require the Secretary to develop,

publish, and implement a national strategic germplasm and cultivar collections

assessment and utilization plan. It amends section 1633 to require the Secretary to make

such a plan publicly available upon completion. (Section 7205)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7205)

The Managers recognize that food security and productivity across growing

conditions depend on regionally-adapted cultivars and the maintenance of a robust

strategic germplasm, and therefore direct the Secretary to implement an updated

assessment of the national strategic germplasm and cultivar collection, as well as the

research, education, and capacity updates necessary to meet current and future needs of

American farmers and U.S. consumers. The Managers intend the Secretary to make

progress on the development of publicly available cultivars, building on direction

provided in the Food, Conservation, and Energy Act of 2008, and expect an acceleration

in progress on delivering regionally-adapted cultivars that can be used to improve farm

productivity, crop marketability, and efficient nutrient use.

(24) National genetics resources program

The House bill amends section 1635 of FACT Act to reauthorize the National

Genetics Resources Program through fiscal year 2023. (Section 7205)

The Senate amendment is substantially similar to the House bill and also amends

the organization of the Advisory Council by adding 4 members and changing the

appointment of members, and by adding membership from 1862, 1890, and 1994

institutions and certain other institutions of higher education. The section also instructs

the Advisory Council to include recommendations, including on the state of public

cultivar development and on the training and resources needed to meet future breeding

challenges, research gaps relating to cultivar development. (Section 7206)

The Conference substitute adopts the Senate amendment. (Section 7206)

(25) Agricultural genome initiative

The House bill amends section 1671 of FACT Act by including phenome, in

addition to genome, within the Agriculture Genome Initiative. The House bill outlines the

research initiative goals to expand knowledge concerning genomes and phenomes of

crops important to the agriculture sector of the United States. It authorizes appropriations

of $30 million for each of fiscal years 2019 through 2023. (Section 7207)

The Senate amendment similarly amends section 1671 to include phenome, in

addition to genome, within the Agriculture Genome Initiative. The Senate amendment

also incorporates animals of importance to the agriculture sector of the United States to

the research initiative goals and purposes. It authorizes appropriations of $30 million for

fiscal year 2019 through 2023. (Section 7208)

The Conference substitute adopts the Senate provision with an amendment

authorizing appropriations of $40 million for each of fiscal years 2019 through 2023.

(Section 7208)

The Managers acknowledge the enormous challenge of efficiently and sustainably

producing a safe, dependable food supply for a growing population. Meeting this

challenge requires the development and management of crop varieties that will perform

well despite increased weather variability. Significant progress has been made by the

crop industry in sequencing numerous plant genomes. This genomic knowledge will

increase the ability to predict crop performance in diverse environments, enhancing the

capability to develop new varieties and to better manage the effects of weather variability

on crop productivity. The Managers support a large-scale, inter-disciplinary network of

researchers dedicated to producing and analyzing very large datasets of phenotypes to

better predict crop yields.

The Managers recognize the importance of animal genomics research conducted

and supported by USDA and strongly supports increased efforts in genomics research on

agriculturally important animals to address critical goals including: (1) understanding

how environment and production systems impact the growth and productivity of

livestock, poultry, and aquaculture to help predict and improve performance under

variable conditions; (2) leveraging livestock, poultry, and aquaculture genomic

information with phenotypic and environmental data to assist in selection of superior

genetics and improved management; (3) understanding gene function in production

environments to improve livestock, poultry, and aquaculture performance; and (4)

developing improved data analytics to enhance understanding of the biological function

of genome sequences in livestock, poultry, and aquaculture. The Managers commend the

university community, the private-sector, and USDA for its work to advance animal

genomics research and encourages additional focus on these efforts in the future.

(26) High-priority research and extension

The House bill amends section 1672 of FACT Act to change the alfalfa and

forage research program to the alfalfa seed and alfalfa forage systems research program.

It adds the following to the list of high-priority research areas: macadamia tree health,

turfgrass, fertilizer management, cattle fever ticks, laying hen and turkey production,

chronic wasting disease, and algae. (Section 7208)

The Senate amendment adds the following to the list of high-priority research

areas: macadamia tree health, turfgrass, nutrient management, and chronic wasting

disease. Additionally, the Senate amendment establishes the Pollinator Health Task Force

and amends the provisions governing the coordination of pollinator and honeybee

research under section 1672(g). (Sections 7209 & 12620)

The Conference substitute adopts the House provision with amendments to

include nutrient management, dryland farming agricultural systems, and hop plants. The

substitute also provides for the enhanced coordination of honeybee and pollinator

research by the USDA Chief Scientist and requires that to the maximum extent

practicable, the Chief Scientist shall make such research results publicly available.

(Section 7209)

The Managers are aware that pollinators are responsible for the production of one-

third of the U.S. food supply, but that managed honey bees continue to die off in

alarming numbers, resulting in steady annual input cost increases to maintain sufficient

managed colony numbers to pollinate America’s crops. Because of the importance of

pollinators in the production of the nation’s food supply and their impact on the stability

of our agricultural economy, the Managers have included additional honeybee and

pollinator research requirements. Specifically, the Managers have included provisions to

facilitate coordination of honeybee and pollinator research efforts USDA-wide and

ensure adequate input from the pollinator, beekeeper, grower, and scientific communities.

To further address the protection of pollinators, the Managers encourage the

continuation of government-wide collaboration and policy development through the

Pollinator Health Task Force.

(27) Organic agriculture research and extension initiative

The House bill amends section 1672B of FACT Act to add the examination of

optimal soil health outcomes relating to organically produced agricultural products to the

purposes for which grants may support activities under the program. It reauthorizes

appropriations through fiscal year 2023, and increases mandatory CCC funding to $30

million for each of fiscal years 2019 through 2023. (Section 7209)

The Senate amendment is similar to the House bill except it increases mandatory

CCC funding to: $40 million in each of fiscal years 2019 and 2020; $45 million for fiscal

year 2021; and $50 million for fiscal year 2022 and each fiscal year thereafter. (Section

7210)

The Conference substitute adopts the Senate provision with an amendment

making technical changes and providing mandatory CCC funding of $20 million in each

of fiscal years 2019 and 2020, $25 million for fiscal year 2021, $30 million for fiscal year

2022, and $50 million for fiscal year 2023 and each fiscal year thereafter. (Section 7210)

The Managers recognize that strong investment in organic research, education,

and extension has led to growth in the organic industry and the discovery of new research

that benefits all farmers, and therefore the conference substitute includes $395 million in

mandatory funding to support organic research. The Managers have provided permanent

funding for this program to ensure that the program has baseline funding hereafter. The

Managers encourage research funding to be used to continue development of organic

solutions for pest and disease management, seed breeding, nutrient management, and

improvements in soil health. Organic research is important for developing plant varieties

and animal breeds suitable for organic farming, advancing ecosystem services and

environmental benefits, creating tools to aid with organic transition, and addressing other

needs to advance organic production. The Managers acknowledge that research funding

is one of the primary forms of support for organics in the Agriculture Improvement Act

of 2018 so the conference substitute increases funding beyond the levels in the

Agricultural Act of 2014 to continue development of the organic market.

The Managers also recognize that Aerated Static Pile (ASP) composting with

energy recovery is an emerging technology for transforming organic wastes into a stable

soil amendment, while also producing sufficient heat energy for on-site hot water heating

needs. The Managers encourage USDA to continue to support emerging organic waste

management practices.

(28) Farm business management

The House bill amends section 1672D of FACT Act to reauthorize the program

through fiscal year 2023 and clarify that grants may be made to expand a national farm

financial management database. The House bill also amends the selection criteria to

include prioritization of applications that collaborate with educational programs, and

those that contribute data to the national farm financial management database. (Section

7210)

The Senate amendment reauthorizes the program through FY 2023. (Section

7211)

The Conference substitute adopts the House provision. (Section 7211)

(29) Urban, indoor, and other emerging agriculture production research, education, and

extension initiative

The Senate amendment authorizes competitive research and extension grants to

support research, education, and extension activities for the purposes of enhancing urban,

indoor, and other emerging agricultural production. Priority may be given to grant

proposals that involve the cooperation of multiple entities, or States or regions with a

high concentration of or significant interest in urban farms, rooftop farms, and indoor

production facilities. The Senate amendment provides $4 million in mandatory CCC

funds for each of fiscal years 2019 through 2023 and authorizes appropriations of an

additional $10 million for each of fiscal years 2019 through 2023. It requires the

Secretary to conduct a census of urban, indoor, and other emerging agricultural

production and provides a separate authorization of an additional $14 million for the

period of fiscal years 2019 through 2021 to carry out this census. (Section 7212)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments striking

the inclusion of assessment of shipping and transportation impacts on nutritional values

for research under the competitive research and extension grants, providing $10 million

in mandatory CCC funds for fiscal year 2019 to remain available until expended, and

making other technical changes. (Section 7212)

The Managers recognize that methods of agricultural production are changing and

evolving across the country. For example, agricultural production occurs on vacant land

in urban areas, contributing to economic recovery and creating opportunities for new

farmers. Highly-efficient indoor farms grow fresh produce in areas near consumers to

increase access to their products year-round. Rooftop agriculture produces local food and

creates new entrepreneurial opportunities in urban, suburban, and rural areas. The

Managers recognize that these and other emerging agriculture production methods bring

a new generation of farmers and connect consumers to agriculture. The Managers intend

for the Secretary to fund research, education, and extension that support these efforts and

address the specific research needs and challenges faced by urban, indoor and other

emerging agricultural production methods.

(30) Centers of excellence at 1890 institutions

The Senate amendment amends section 1673 of FACT Act to require the

Secretary to establish at least three centers of excellence, each led by an 1890 institution,

to focus on one or more of the following: student success and workforce development;

nutrition, health, wellness, and quality of life; farming systems and rural prosperity;

global food security and defense; natural resources, energy and the environment; and

emerging technologies. It requires the Secretary to submit a report to Congress on the

resources invested in and work being done by those centers of excellence and authorizes

$10 million for each of fiscal years 2019 through 2023. (Section 7213)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments

specifying that the Secretary shall recognize at least three centers of excellence and

making technical changes. (Section 7213)

The Managers encourage the Secretary, through the National Institute of Food and

Agriculture, to consider the views of the 1890 universities, the 1890 Universities

Foundation, and the National Institute of Food and Agriculture’s (NIFA) peer review

systems in determining the appropriate criteria for recognizing 1890s Centers of

Excellence. The process should ensure that both smaller and larger 1890 universities have

an opportunity to participate in authorized center of excellence program

activities. Funding should be restricted to programmatic activities, and not include

construction activities.

(31) Assistive technology program for farmers with disabilities

The House bill reauthorizes appropriations through fiscal year 2023 for

demonstration grants to provide agricultural education and assistance to individuals with

disabilities engaged in farming or farm-related occupations. It adds language to clarify

that the provision applies to veterans engaged in farming or farm-related occupations, or

who are pursuing new farming opportunities. (Section 7211)

The Senate amendment reauthorizes appropriations for the demonstration grants

through fiscal year 2023. (Section 7214)

The Conference substitute adopts the House provision. (Section 7214)

(32) National food safety training

The House bill amends section 405 of the Agricultural Research, Extension, and

Education Reform Act of 1998 (“AREERA”) to reauthorize appropriations of such sums

as necessary for fiscal years 2019 through 2023. The House bill strikes the prohibition on

funding that restricts USDA from providing additional grant funding once an entity has

received three years of grant funding. (Sections 7300 and 7301)

The Senate amendment amends section 405 by striking “such sums as necessary”

and specifying an authorization of appropriations of $10 million for each of fiscal years

2019 through 2023. (Section 7301)

The Conference substitute adopts the House provision with an amendment to

authorize appropriations of $10 million for each of fiscal years 2019 through 2023.

(Section 7301)

(33) Support for research regarding diseases of wheat, triticale, and barley caused by

fusarium graminearum or by tilletia indica

The House bill reauthorizes appropriations of $10 million for each of fiscal years

2019 through 2023. (Section 7303)

The Senate amendment reauthorizes appropriations at an increased level of $15

million for each of fiscal years 2019 through 2023. (Section 7303)

The Conference substitute adopts the Senate provision with an amendment

restricting grant recipients from using more than 10 percent of the grant funds for indirect

costs. (Section 7303)

(34) Specialty crop research initiative

The House bill expands the specialty crop research and extension initiative to

include research of “size-controlling rootstock systems for perennial crops,” “emerging

and invasive species,” and “threats to specialty crop pollinators,” among other production

practices and technologies. It reauthorizes appropriations of $100 million annually

through fiscal year 2023. Additionally, the House bill extends reservation of mandatory

funding for the emergency citrus disease research and extension program and

reauthorizes discretionary funding through fiscal year 2023. (Section 7305)

Similar to the House bill, the Senate amendment expands the specialty crop

research and extension initiative to include additional production practices and

technologies. (Section 7305)

The Conference substitute adopts the Senate provision. (Section 7305)

The Managers recognize that the funding for research programs for specialty

crops should generally be made available to all specialty crops and not include carve-outs

or set-asides for any one particular specialty crop. The Managers also acknowledge the

unique challenges presently facing the citrus industry in the United States with respect to

HLB and the Asian Citrus Psyllid vector. In direct response to a joint request from the

leadership of the citrus industry and other specialty crop stakeholders, the Managers have

agreed to establish a Citrus Trust Fund to support the Emergency Citrus Disease

Research and Extension Program for one additional five-year period. The Managers

intend for this program to address this challenge at this particular time and do not intend

for such program to continue in perpetuity.

The Managers are aware of concerns that prioritizing grants that are multi-state,

multi-institutional, or multi-disciplinary disproportionately impacts the funding success

of projects for certain commodities grown only in one state. The Managers encourage the

Secretary to take appropriate steps to ensure that meritorious proposals are not denied

solely because they lack one of the enumerated priorities.

(35) Critical agricultural materials act

The House bill reauthorizes appropriations for fiscal years 2019 through 2023.

(Section 7501)

The Senate amendment specifies that hemp, as defined in section 297A of the

Agricultural Marketing Act of 1946, is eligible for funding under the Critical Agricultural

Materials Act. The Secretary shall conduct, sponsor, promote, and coordinate basic and

applied research for the development of critical agricultural materials from agricultural

crops having strategic and industrial importance, including for hemp. The Senate

amendment also reauthorizes appropriations for fiscal years 2019 through FY 2023.

(Section 7401)

The Conference substitute adopts the Senate provision. (Section 7501)

(36) Equity in Educational Land-Grant Status Act of 1994

The House bill amends section 532 of the Equity in Educational Land-Grant

Status Act of 1994 to add to and update the defined list of 36 tribal colleges as “1994

Institutions.” The House bill reauthorizes endowment funding, capacity-building grants,

and research grants for the 36 tribal colleges for fiscal years 2019 through 2023. (Section

7502)

The Senate amendment is substantially similar to the House bill with technical

differences.

The Conference substitute adopts the House provision with an amendment

specifying that the effective date for the updated list shall be the date of enactment.

(Section 7502)

(37) Research Facilities Act

The House bill amends the Research Facilities Act by: (1) amending the definition

of “agricultural research facility” to strike “a college, university, or nonprofit institution”

and inserting “an entity eligible to receive funds under a capacity and infrastructure

program as defined in Section 251(f)(1)(C) of the 1994 Agriculture Reorganization Act”;

(2) requiring proposals to demonstrate that the recipient entity has the ability and

commitment to support the long-term, ongoing maintenance costs of the facility; and (3)

establishing a program to make competitive grants to assist in the construction, alteration,

acquisition, modernization, renovation, or remodeling of agricultural research facilities.

The House bill also reauthorizes appropriations under the Research Facilities Act

through fiscal year 2023 and provides that funds appropriated remain available until

expended. The House bill prohibits more than 25 percent of the funds under the Act for a

fiscal year to be made available to any single agricultural research facility and limits an

eligible entity to receiving funds for only one project at a time under the Act. (Section

7503)

The Senate amendment reauthorizes appropriations under the Research Facilities

Act through fiscal year 2023. (Section 7403)

The Conference substitute adopts the House provision. (Section 7503)

(38) Competitive, Special, and Facilities Research Grant Act (AFRI)

The House bill amends the Competitive, Special, and Facilities Research Grant

Act by adding to the priority research areas of the Agriculture and Food Research

Initiative the following: (1) soil health; (2) tools that accelerate research in the use of

automation or mechanization for labor-intensive tasks in crop production and

distribution; and (3) barriers to entry for young, beginning, socially disadvantaged,

veteran, and immigrant farmers and ranchers. The House bill also makes several

amendments to relieve or impose matching fund requirements for various research

purposes, reauthorizes appropriations through fiscal year 2023, and increases to 5 percent

the amount of appropriated funds that the Secretary may retain for administrative costs.

(Section 7504)

The Senate amendment adds the following to the priority research areas: soil

health and automation or mechanization in the production and distribution of specialty

crops, with a focus on labor-intensive tasks. The Senate amendment authorizes the

Secretary to provide grants to carry out collaboration in biomedical and agricultural

research using existing research models and reauthorizes appropriations through fiscal

year 2023. (Section 7404)

The Conference substitute adopts the House provision with an amendment

striking the changes to matching funds requirements for various research purposes, which

are made in section 7614, and authorizes the Secretary to provide grants to carry out

collaboration in biomedical and agricultural research using existing research models.

(Section 7504)

The Managers understand in July 2018, the National Academies of Sciences,

Engineering, and Medicine (NASEM) released its “Science Breakthroughs to Advance

Food and Agricultural Research by 2030” consensus report which identifies five priority

research areas essential to developing a more efficient, resilient, sustainable, and

competitive U.S. agricultural system. The Managers urge the Secretary to utilize this

report to identify opportunities for additional agricultural research investments directed

towards the Agriculture and Food Research Initiative (AFRI), NIFA’s flagship

competitive research program, which sets the standard for scientific innovation in these

fields.

The Dual Purpose with Dual Benefit: Research in Biomedicine and Agriculture

Using Agriculturally Important Domestic Species is an interagency partnership grants

program funded by the National Institute of Child Health and Human Development

(NICHD) and the USDA. Both the USDA and the National Institute of Health (NIH)

should be commended for developing this important interagency program. The Managers

strongly urge continuation of this partnership given the sponsors use of farm animals as

dual purpose models to better understand developmental origins of disease, fat regulation

and obesity, stem cell biology, assisted reproductive technologies, and infectious

diseases, all of which directly benefit both agriculture and biomedicine. This program

also strengthens ties between human medicine, veterinary medicine, and animal sciences,

which is key to success of the One Health Initiative.

(39) Extension design and demonstration initiative

The Senate amendment amends the Competitive, Special, and Facilities Research

Grant Act to establish a competitive grant program to encourage the design of adaptive

prototype systems for extension and education. Eligible entities for the grant are State

agricultural experiment stations and land-grant colleges and universities. There is an

authorization of appropriations of $5 million for each of fiscal years 2019 through 2023.

(Section 7405)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

specifying that the Secretary shall award grants each fiscal year and that eligible entities

also include a cooperative extension service and making technical changes. (Section

7505)

(40) Repeal of review of agricultural research service

The Senate amendment repeals section 7404 of the Farm Security and Rural

Investment Act of 2002 that required the one-time review of the Agricultural Research

Service. (Section 7408)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7506)

(41) Biomass research and development

The House bill amends section 9008 of the Farm Security and Rural Investment

Act of 2002 by reauthorizing appropriations for each of fiscal years 2019 through 2023.

(Section 7509)

The Senate amendment amends the definition of “biobased product” to include

carbon dioxide intended for permanent sequestration that is a byproduct of certain

commercial and industrial products. It adds an expert in carbon dioxide capture,

utilization, and sequestration to the membership of the Biomass Research and

Development Technical Advisory Committee. In addition to reauthorizing appropriations

for each of fiscal years 2019 through 2023, the Senate amendment provides $3 million in

mandatory CCC funds for each of fiscal years 2019 through 2023. (Section 7409)

The Conference substitute adopts the Senate provision with an amendment

striking the $3 million in mandatory CCC funding for fiscal years 2019 through 2023.

(Section 7507)

(42) Reinstatement of District of Columbia Matching Requirement--Extension

The House bill amends section 209 of the District of Columbia Public

Postsecondary Education Reorganization Act to reinstate the DC land-grant matching

requirement. The effective date of this provision is October 1, 2018. (Section 7603)

The Senate amendment also reinstates the D.C. land-grant matching requirement,

with technical differences from the House bill. (Section 7410)

The Conference substitute adopts the House provision. (Section 7508)

(43) Enhanced use lease authority program

The House bill amends section 308 of the Federal Crop Insurance Reform and

Department of Agriculture Reorganization Act of 1994 to transition the lease authority

program out of “pilot” status, to specify a June 18, 2023 termination date for the program,

and to require periodic reports not later than June 18, 2019, June 18, 2021, and June 18,

2023. The House bill also clarifies that the prohibition against public retail development

applies to onsite public retail development. (Section 7601)

The Senate amendment extends the lease authority to terminate on a date that is

15 years after the date of enactment of section 308, and to require a report not later than

13 years after the date of enactment of section 308. (Section 7411)

The Conference substitute adopts the House provision with an amendment

striking the clarification for the prohibition against onsite public retail development,

establishing September 30, 2023 as the termination date of the program, and requiring a

report not later than September 30, 2021. (Section 7601)

The Managers intend that the enhanced use lease authority prohibit retail sales on

Agricultural Research Service (ARS) property that generate foot traffic including, but not

limited to, food and clothing stores where customers physically visit retailers for an

exchange of goods and services.

(44) Transfer of administrative jurisdiction, portion of Henry A. Wallace Beltsville

Agricultural Research Center, Beltsville, Maryland

The House bill authorizes the Secretary of Agriculture to transfer a parcel of real

property at the Henry A. Wallace Beltsville Agricultural Research Center to the

administrative jurisdiction of the Secretary of the Treasury for the purpose of

establishment of Bureau of Engraving and Printing facilities on the parcel and specifies

the conditions of the transfer, including requiring an appraisal by Secretary of Treasury to

determine the fair market value of the parcel. (Section 7605)

The Senate amendment provides the Secretary of Agriculture with authority to

transfer the same parcel of property to the Secretary of the Treasury as the House bill.

The Senate amendment also specifies the conditions of the transfer, but does not include

an appraisal requirement. (Section 7412)

The Conference substitute adopts the Senate provision with an amendment

requiring that the Secretary of Agriculture enter into a binding memorandum of

agreement with the Secretary of Treasury in regard to the responsibilities of each party

for evaluating and, if necessary, remediating any hazardous materials found at the parcel.

(Section 7602)

(45) Foundation for food and agriculture research

The Senate amendment amends section 7601 of the Agricultural Act of 2014 to

require the Board of Directors for the Foundation for Food and Agriculture Research to

actively solicit and accept any funds, gifts, grants, devises, or bequests of real or personal

property made to the Foundation, including from private entities. It also requires that the

Foundation post its annual report online and publish an annual stakeholder notice with a

description of agricultural research priorities for the upcoming fiscal year. Additionally,

the Senate amendment directs the Foundation to submit to Congress a strategic plan

describing a path for the Foundation to be self-sustaining. The Senate amendment

requires the Secretary, on the date of enactment, to transfer $200 million of funds from

the CCC to the Foundation, to remain available until expended. (Section 7413)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment. The

amendment specifies that the Foundation’s coordination of activities with Federal

research and development programs avoids conflicts at the Department of Agriculture

and requires that the Foundation document its consultation process with the Secretary and

include a summary in the Foundation’s annual report. The substitute provides that the

strategic plan should include a detailed plan for soliciting additional resources and

managing and leveraging such resources. The Secretary is to transfer $185 million of

funds from the CCC to the Foundation on the date that the Foundation submits its

strategic plan. (Section 7603)

The Managers recognize the work done by the Foundation for Food and

Agriculture Research (FFAR) to leverage private funding, matched with federal dollars to

support public agricultural research. It is the Managers’ intent that FFAR continue to plan

for long-term self-sustainability through comprehensive strategic planning, ongoing

public outreach, and donor solicitation.

The Managers intend for the FFAR to foster public-private partnerships among

the agricultural research community, including federal agencies, academia, non-profit

organizations, corporations and individual donors to identify and prioritize the most

pressing needs facing agriculture.

The Managers are aware that FFAR is organized and operated exclusively for

charitable, educational, and scientific purposes as a nonprofit corporation consistent with

section 501(c)(3) of the Internal Revenue Code. As such, no substantial part of its

activities may be to attempt to influence legislation.

FFAR has received funding provided by the Federal Government. The Managers

direct that FFAR have in place management and recordkeeping systems to ensure that no

Federal funds are used to carry out any activity to attempt to influence legislation. The

Managers expect that FFAR will provide any such records to the Committee on

Agriculture of the House of Representatives or the Committee on Agriculture, Nutrition,

and Forestry of the Senate, upon request.

(46) Assistance for forestry research under the McIntire-Stennis Cooperative Forestry

Act

The Senate amendment amends section 2 of the McIntire-Stennis Cooperative

Forestry Research Act to include 1994 Institutions that offer an associate's degree or a

baccalaureate degree in forestry to be eligible for assistance for forestry research.

(Section 7414)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7604)

(47) Legitimacy of industrial hemp research

The Senate amendment amends section 7606 of the Agricultural Act of 2014 to

require the Secretary to conduct a study on the hemp research pilot program that includes

a review of the economic viability of the domestic production and sale of industrial hemp

and hemp products, and to submit a report describing the study to Congress within 120

days. The provision also repeals the hemp research pilot programs one year after the

Secretary publishes a final regulation allowing for full-scale commercial production of

hemp as provided in section 297C of the Agricultural Marketing Act of 1946. (Section

7415)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

requires the Secretary to submit a report describing the study not later than 12 months

after the date of enactment. (Section 7605)

(48) Collection of data relating to barley area planted and harvested

The Senate amendment directs the National Agricultural Statistics Service to

include New York in the states surveyed for the table entitled “Barley Area Planted and

Harvested” in certain reports. (Section 7416)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7606)

(49) Collection of data relating to the size and location of dairy farms

The Senate amendment requires the Administrator of the Economic Research

Service (ERS) to update the report entitled ‘‘Changes in the Size and Location of US

Dairy Farms’’ published in September 2007. As part of the update, it requires that the

Secretary include an expanded Table 2 containing the full range of herd sizes detailed in

Table 1. The report shall be updated no later than 120 days after the date of enactment.

(Section 7417)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

specifying that the report shall be updated not later than 60 days after the 2017 Census of

Agriculture is released. Instead of requiring an expanded Table 2, the substitute directs

that the Secretary, to the maximum extent practicable, use the same reporting

measurement of the full range of herd sizes in Tables 1 and 2 while protecting the

confidentiality of individual producers. (Section 7607)

(50) Agriculture innovation center demonstration program

The House bill reauthorizes appropriations for the Agriculture Innovation Center

Demonstration Program through fiscal year 2023. (Section 6502)

The Senate amendment strikes subsection (g) of section 6402 of the Farm

Security and Rural Investment Act of 2002 to eliminate the requirement for the Secretary

to use $300,000 to support research on the effects of projects for value-added agricultural

commodities on agricultural producers and commodity markets. It also authorizes such

sums as necessary to carry out the program. (Section 7418)

The Conference substitute adopts the Senate provision with an amendment

specifying that the Board of Directors for each Agriculture Innovation Center be

composed of a diverse group of representatives from public and private entities, including

four entities representing commodities produced in the State and may include a State

legislator. The substitute also strikes the report to Congress and authorizes the

appropriation of $15,000,000 for each of fiscal years 2019 through 2023. (Section 7608)

(51) Smith-Lever community extension program

The Senate amendment amends the Smith-Lever Act to permit the Secretary to

provide competitive grant funding to: (1) 1890 colleges and Tuskegee University; and (2)

1994 Institutions for the Children, Youth, and Families at Risk program and the Federally

Recognized Tribes Extension Program. The Senate amendment provides that the

exception to the matching funds shall not apply to the competitive grant funding awarded

to a 1994 Institution for the Children, Youth, and Families at Risk program and the

Federally Recognized Tribes Extension Program. (Section 7419)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments making

technical changes and striking the changes made to the matching funds exception for

1994 Institutions. (Section 7609)

(52) Grazing lands research laboratory

The House bill amends section 7502 of the Food, Conservation, and Energy Act

of 2008 to extend from 10 to 15 years, the prohibition on declaring Federal land and

facilities at El Reno, Oklahoma as excess or surplus property or conveying or transferring

such land and facilities. (Section 7411)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 7411)

(53) Farm and stress assistance network

The House bill amends section 7522 of the Food, Conservation, and Energy Act

of 2008 to reauthorize such sums as necessary for each of fiscal years 2019 through 2023.

The House bill requires “consultation” as opposed to “coordination” with the Secretary of

Health and Human Service, clarifies that grants may be used to train individuals who may

assist farmers in crisis, makes Indian tribes eligible for grants, and requires a review of

the program within two years after the first grant is awarded. (Section 6003)

The Senate amendment authorizes the appropriation of $10 million for each of

fiscal years 2019 through 2023. It clarifies that grants may be used for training programs

and workshops for advocates and other individuals who may assist farmers in crisis. The

Senate amendment authorizes grants to be used to enter into contracts with community-

based, direct-service organizations to initiate, expand, or sustain programs and not later

than one year after the date of enactment, requires a report by the Secretary of

Agriculture, in coordination with the Secretary of Health and Human Services, describing

the state of behavioral and mental health in farmers and ranchers. (Section 7511)

The Conference substitute adopts the Senate provision with an amendment

making Indian tribes eligible for grants. (Section 7412)

The Managers recognize with the inclusion of this provision that farmers and

individuals who work in agriculture face highly stressful working conditions, which can

contribute to serious behavioral health concerns, especially during downturns in the

farming economy. Historically, there have been efforts to address these concerns,

including through programs characteristic of the 1980s farm crisis and recognition of this

issue in the Food, Conservation, and Energy Act of 2008.

The Managers recognize that in the absence of federal support for such efforts,

state and local organizations have worked to address behavioral health concerns among

those who work in agriculture. The Managers emphasize the importance of moving

quickly to get the Farm and Ranch Stress Assistance Network operating effectively,

given current conditions in the farming economy. The Managers intend that priority be

given to grantees with demonstrated experience and those that intend to collaborate with

organizations focused on behavioral health concerns, including non-profit organizations.

The Managers intend for this provision to facilitate the development and positive

impact of a nationwide network accessible to all farmers and individuals who work in

agriculture and that priority be given to grantees with this capability, including the State

cooperative extension services.

The Managers direct that USDA and the Department of Health and Human

Services examine the problem of occupational stress among farmers and individuals who

work in agriculture to develop a long-term strategy and response.

(54) Mechanization and automation for specialty crops

The Senate amendment requires that not later than 180 days after the enactment of

the Agriculture Improvement Act of 2018, the Secretary conduct a review of programs at

the Department of Agriculture that affect the production or processing of specialty crops,

and develop and implement a strategy to accelerate the development and use of

automation and mechanization in the production or processing of specialty crops.

(Section 7514)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 7610)

The Managers note that labor availability is one of the most critical challenges

facing the labor-intensive specialty crop sector both in the short and long term.

Committee hearings in Washington, D.C. and field hearings around the country have

documented the need for proper solutions for mechanization challenges. The Managers

therefore request the research agencies in the USDA more vigorously fund this vital

research priority through their respective programs.

(55) Experienced services program

The Senate amendment amends section 1252 of the Food Security of 1985 to

rename the ACES program the Experienced Services Program. It expands the program to

include technical, professional, and administrative services for the research, education,

and economics mission area at USDA. (Section 12305)The Senate amendment also

terminates the authority in section 1252 effective on October 1, 2023. (Section 2408)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provisions with an amendment

making technical changes. (Section 7611)

(56) Functions and duties of the Under Secretary for Research, Education, and

Economics

The House bill amends section 251 of the Department of Agriculture

Reorganization Act of 1994 to add to the functions of the Under Secretary for research,

education, and economics the requirement to ensure that agricultural economics and

statistical programs are effectively coordinated and integrated and that such programs,

along with agricultural research, education, and extension programs, address the priority

research areas of the Agriculture and Food Research Initiative. (Section 7602)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(57) Farmland tenure, transition, and entry data initiative

The House bill directs the Secretary to collect and report annually data and

analysis on farmland ownership, tenure, transition, and entry of beginning farmers or

ranchers. It authorizes appropriations of $2 million each fiscal year for fiscal years 2019

through 2023. (Section 7604)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(58) Simplified plan of work

The House bill amends the requirements for the submission of plans of work by

land-grant institutions with respect to the use of formula funds and state matching funds

under the Hatch Act, Smith-Lever Act, and similar formula funds provided to the 1890

land-grant universities. It provides that the procedures of such plans of work are not

subject to audits to determine their sufficiency. (Section 7606)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

strikes the changes with respect to audits. (Section 7612)

The Managers expect that implementation of this section will result in a more

streamlined, concise, and less burdensome plan of work. The Managers encourage the

Secretary to engage land-grant institutions in the implementation of this section.

(59) Time and effort reporting exemption

The House bill exempts entities receiving certain funds from time and effort

reporting requirements under part 200 of title 2 of the Code of Federal Regulations with

respect to the use of such funds. (Section 7607)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendments requiring

that the Secretary consult with the Office of Management and Budget in reviewing and

revising the time and effort reporting requirements and that such revisions reduce the

amount of paperwork and time required under the current reporting requirements.

(Section 7613)

The Managers are concerned that administratively, land-grant capacity funds have

burdensome reporting requirements. Land-grant capacity funding, provided via a

statutory formula, requires matching funds from the states and is further supported by

local funding, enabling institutions to sustain research capabilities and extension

operations in a manner that reflects the direct input of local constituencies. The Managers

note that recipients of capacity funds operate under various levels of oversight and

accountability, including state and local governments, leadership within the colleges of

agriculture, leadership within the university institutions, and most importantly, the local

constituencies they serve. The Managers encourage USDA to consider these factors while

reviewing and revising current reporting requirements.

The Managers encourage the administration to consider granting an exemption as

outlined in 2 CFR 200.102 to land-grant capacity funds. The Managers direct the

Administration to work with the land-grant entities who receive capacity funds, including

representatives of 1862, 1890, and Cooperative Forestry Institutions, in the

implementation of this section.

(60) Public education on biotechnology in food and agriculture sectors

The House bill requires the Secretary, in consultation with the Secretary of Health

and Human Services, the Secretary of Education, and other appropriate persons and

organizations, to develop and carry out a national science-based education campaign to

increase public awareness regarding the use of technology in food and agriculture

production. (Section 7608)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(61) Matching funds requirement

The House bill amends section 1492 of NARETPA by removing competitive

grants awarded under the Competitive, Special, and Facilities Research Grant Act from

among those covered by the matching requirements under section 1492. (Section 7130)

The Senate amendment repeals section 1492 and reinstates the matching

requirements in place prior to the Agricultural Act of 2014 for competitive grants

awarded by the Secretary under: (1) NARETPA; (2) Title XVI of the Food, Agriculture,

Conservation, and Trade Act of 1990; (3) the Agricultural Research, Extension, and

Education Reform Act of 1998; (4) Part III of subtitle E of title VII of the Food,

Conservation, and Energy Act of 2008; or (5) the Competitive, Special, and Facilities

Research Grant Act. (Section 7601)

The Conference substitute adopts the Senate provision. (Section 7614)

The Managers intend to remove the universal matching requirement for

competitive grants established in the Agricultural Act of 2014.

(62) Research and extension funding equity for recently designated 1890 institutions

The House bill amends section 1444 and 1445 of NARETPA to provide that any

institution designated as an eligible 1890 institution on or after September 30, 1999 shall

be deemed to have been designated as an eligible institution on or before September 30,

1978, and thus eligible for a proportional share of the 1890 extension and research

formula funds allocated among institutions designated as such prior to September 30,

1978. (Section 7113)

The Senate amendment amends section 1444 of NARETPA to add a new

subsection (a)(5) authorizing additional appropriations for one of fiscal years 2019, 2020,

2021, or 2022 to ensure that an eligible institution receiving a distribution of funds under

this section for that fiscal year receives not less than the amount of funds received by that

eligible institution under this section for the preceding fiscal year. It also requires that for

1 of fiscal years 2019, 2020, 2021, or 2022, if the 1890 formula would result in a

distribution of less than $3,000,000 to an eligible institution that first received funds

under this section after the date of enactment of the Agricultural Act of 2014 for a fiscal

year, that institution shall receive a distribution of $3,000,000 for that fiscal year;

however, it provides that this requirement only applies if additional amounts are

appropriated under the new subsection (a)(5) for the prior fiscal year. The Senate

amendment amends section 1445 of NARETPA in a similar manner. (Section 7602)

The Conference substitute adopts the Senate provision with amendments. The

amendments establish a minimum additional funding amount for eligible entities in the

fiscal years following certain eligible entities’ qualification for $3 million. If there are

insufficient funds appropriated for section 1444 or section 1445 to continue the minimum

additional funding amounts for eligible institutions, the substitute provides for a reduction

in allocations made to eligible institutions. (Section 7115)

Additional Report Language

The Managers recognize the importance of the aerial application of pest control

tools. These tools are useful not only to ensure overall food safety and food security, but

also to promote public health through improved mosquito control techniques. The ARS

Aerial Application Technology Program conducts innovative research making aerial

applications more efficient, effective, and precise. This program has yielded more

effective public health control programs, as well as increased efficiencies and greater

crop production. Research for aerial application serves the public interest as a vital tool

for the future.

The Managers recognize the statutory intent of the Food and Agriculture Service

Learning Program is to fund projects that deliver experiential learning on food,

agriculture, and nutrition education that require significant investments in human capital

and evidence-based programming. As such, the Managers encourage NIFA to maximize

grant size to ensure meaningful outcomes and robust evaluation. The Managers recognize

the importance of community service partnerships for developing and implementing

experiential food, nutrition, and farm-to-school curricula. The Managers encourage NIFA

to coordinate with other federal agencies engaged in national community service

programs when administering the Food and Agriculture Service Learning Program.

USDA is the federal government’s primary agency charged with promoting good

nutrition and the delivery of food assistance to Americans of all ages. There is strong

evidence that nutrition plays a vital role in how a person ages. The U.S. has a rapidly

aging population. Research into nutrition benefits aging Americans by keeping them

active longer, delaying or reducing the effects of chronic illnesses and obesity, and

reducing health care costs for such diseases. The ARS provides critical support for human

nutrition research through its nutrition research centers. The Managers support the

investment in human nutrition research, especially as it affects the aging population, and

expects ARS to continue strong support for nutrition research and existing centers.

Title VIII– Forestry

(1) State and private forest landscape-scale restoration program

The House bill subsection (a) of the new program enumerates the purpose of the

program as supporting activities that result in improvements to public benefits derived

from State and private forest land; subsection (b) provides for the relevant definitions;

subsection (c) establishes the program that provides financial and technical assistance for

projects that maintain or improve benefits to trees and forests on land; subsection (d)

enumerates the requirements under the program; subsection (e) requires the Secretary to

establish a measurement tool to quantify the results of projects; subsection (f) allocates

funding for projects equally between a national competitive process and to States;

subsection (g) requires that the allocation through the competitive process maximize the

achievement of the objects of the program as well as requires the submission of proposals

to the Secretary to be considered for the competitive process and subsection (h) requires

the Secretary to submit a report to Congress. Subsection (i) authorizes $10,000,000 to

carry out the program for each of fiscal years 2019 through 2023, to remain available

until expended. (Section 8104)

The Senate amendment establishes a competitive grant program for financial and

technical assistance to encourage collaborative, science-based restoration of priority

forest landscapes. The program requires collaboration and consultation regarding the

identification of other applicable resources towards landscape‐scale restoration. The

provision authorizes $20 million to be appropriated toward these grants each fiscal year

through 2023, to remain available until expended, deposited in the “State and Private

Forest Landscape‐Scal e Restorati on Fund” . (Section 8101)

The Conference substitute adopts the Senate amendment. (Section 8101)

The Managers include reforms to the Landscape Scale Restoration program. The

Managers direct the U.S. Forest Service to administer this program as a competitively

awarded grant program to carry out science based, landscape-scale restoration work. The

Managers recognize the importance of conducting landscape-scale restoration on both

state and private land in cross boundary work. The Managers also encourage the U.S.

Forest Service to coordinate with the Natural Resources Conservation Service, State

Foresters, and other stakeholders on an ongoing basis regarding the administration and

identification of other applicable resources for landscape-scale restoration.

(2) Repeal of recycling research

The Senate amendment repeals the wood fiber recycling research program.

(Section 8201)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8201)

(3) Repeal of forestry student grant program

The Senate amendment repeals the forestry student grant program. (Section 8202)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8202)

(4) Repeals

The Senate amendment repeals the study on reforestation and improved

management in section 2410 of the Global Climate Change Prevention Act of 1990.

(Section 8301).

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8301)

(5) Promoting cross-boundary wildfire mitigation

The House bill authorizes cross-boundary wildfire mitigation under certain

circumstances, authorizes the Secretary to use other related authorities for projects,

directs interagency cooperation and encourages the Secretary to use certain excess funds

towards these projects, including through grants to state foresters, capped at the greater of

either 20 per cent of the excess or $20 million. The bill provides that only laws and

regulations that apply to non-federal land apply to a project. (Section 8332)

The Senate amendment authorizes cross-boundary hazardous fuel projects,

defines certain terms, authorizes grants to state foresters, authorizes the Secretary to use

other related authorities for grant projects, directs interagency cooperation and authorizes

$20 million in appropriations for each of FY 2019 through 2023. (Section 8401)

The Conference substitute adopts the Senate amendment. (Section 8401)

The Managers recognize the risks of catastrophic wildfire to life, property, and

infrastructure and have consequently provided several new authorities, including this

authority to promote cross-boundary wildfire mitigation, to the Forest Service to address

the threat of wildfire and promote restoration of Federal and non-Federal land. The

Managers expect the Department of Agriculture to utilize this and other new authorities

in an expeditious manner in order to ensure the restoration of Federal and non-Federal

land and to address the threat of catastrophic wildfire.

(6) Authorization of appropriations for hazardous fuel reduction on federal land

The Senate amendment amends section 108 of the Healthy Forests Restoration

Act of 2003 and reauthorizes the hazardous fuel reduction on Federal land program at

$660 million annually through FY 2023. (Section 8402)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8402)

(7) Repeal of biomass commercial utilization grant program

The Senate amendment amends section 203 of the Healthy Forests Restoration

Act of 2003 to repeal the Biomass Commercial Utilization Grant program. (Section 8403)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8403)

(8) Water source protection program

The Senate amendment establishes the Water Source Protection Program to carry

out forest restoration projects at watershed levels on National Forest System (NFS) land.

It authorizes the use of partnership agreements with non-Federal partners to carry out

activities and provides an authorization of appropriations of $10 million annually through

FY2023. (Section 8404)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8404)

(9) Watershed condition framework

The Senate amendment requires the Secretary of Agriculture, acting through the

Chief of the Forest Service, to establish and maintain a watershed condition framework

for NFS land. (Section 8405)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification that

authorizes the Secretary to establish and maintain a watershed condition framework.

(Section 8405)

(10) Authorization of appropriations to combat insect infestations and related diseases

The Senate amendment makes various modifications to section 406 of the Healthy

Forests Restoration Act of 2003 and provides a termination of effectiveness on Oct. 1,

2023. (Section 8406)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8406)

(11) Authorization of appropriations for designation of treatment areas

The Senate amendment amends section 602 of the Healthy Forests Restoration

Act of 2003 and eliminates the authorization of appropriations for insect and disease

treatment areas. (Section 8408)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8408)

(12) Administrative review of collaborative restoration projects

The House bill directs the Secretary to initiate a rulemaking to clarify that the

following project characteristics do not need to be examined as part of determining

whether extraordinary circumstances preclude a Categorical Exclusion (CE) under

National Environmental Policy Act (NEPA); whether a project is within a proposed

wilderness area; whether a project impacts a Forest Service sensitive species; the

cumulative impact of a project when added to other past, present, and reasonably

foreseeable future actions; whether a project may affect, but is not likely to adversely

affect, a listed species or designated critical habitat; and whether a project may affect, and

is likely to adversely affect, a listed species or designated critical habitat, if the project is

in compliance with the applicable provisions of the biological opinion. It eliminates the

requirement to perform an environmental impact statement for all projects that would

substantially alter a potential wilderness area. The bill requires that the rulemaking be

completed within 120 days of enactment. (Section 8503)

The Senate amendment requires the Secretary to apply extraordinary

circumstances to section 603 of the Healthy Forests Restoration Act of 2003. (Section

8409)

The Conference substitute deletes both provisions.

(13) Repeal of revision of strategic plan for forest inventory and analysis

The Senate amendment amends section 8301 of the Agricultural Act of 2014 and

repeals the authority that provided for a one-time revision of strategic plan for forest

inventory and analysis. (Section 8501)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8501)

(14) Semiarid agroforestry research center

The Senate amendment amends section 1243(d) of the Food, Agriculture,

Conservation, and Trade Act of 1990 and extends the authority for the semiarid

agroforestry research center through 2023. (Section 8502)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8502)

(15) Conveyance of forest service administrative sites

The Senate amendment amends section 503(f) of the Forest Service Facility

Realignment and Enhancement Act of 2005 and reauthorizes the authority for the Forest

Service to convey administrative sites through 2023. (Section 8504)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8504)

(16) Definitions

The House bill defines certain terms. (Section 8301)

The Senate amendment defines the terms “National Forest System” and “public

land”. (Section 8601)

The Conference substitute adopts the House definition of “National Forest

System”. (Section 8601)

The Managers intend that forest management activities means that a project

carried out by the Secretary of Agriculture or the Secretary of Interior on National Forest

System lands or public lands be conducted consistent with applicable land management

plans, including any applicable Roadless Area Management Rules (36 CFR 294).

(17) Categorical exclusion for greater sage-grouse and mule deer habitat

The Senate amendment authorizes the development and use of a categorical

exclusion (CE) for both the Secretary of Agriculture, with respect to NFS land, and the

Secretary of the Interior, with respect to public land, for certain forest management

activities with the primary purpose of protecting, restoring, or improving habitat for the

greater sage-grouse or mule deer. Projects through this authority must be developed and

implemented through a collaborative process and based on the best available scientific

information. The authority establishes a cap of 3,000 acres for projects utilizing the

categorical exclusion. (Section 8611)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification to

raise the acreage cap to 4,500 acres. (Section 8611)

(18) Additional authority for sale or exchange of small parcels of national forest system

land

The Senate amendment renews authority to the Forest Service to dispose of small

parcels of land in a manner to enhance the respective National Forest through new

recreational access or acquisitions. It authorizes funds derived from any sale or exchange

under this authority to be expended for, among other purposes, the acquisition of land or

interest in the state from which the sale originated. (Section 8621)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8621)

(19) Forest service participation in aces program

The Senate amendment amends section 8302 of the Agricultural Act of 2014 and

provides a termination of effectiveness for the use of the authority in 2023. (Section

8622)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8622)

(20) Authorization for lease of forest service sites

The Senate amendment expands authority to allow the Forest Service to lease

unused administrative sites. (Section 8623)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications that

do not include authority for cash consideration and a prohibition on certain cash

payments. (Section 8623)

(21) Good neighbor authority

The House bill authorizes counties and Indian Tribes to enter into good neighbor

agreements. (Section 8331(2))

The Senate amendment authorizes to tribes and counties to enter into good

neighbor agreements, and exempts payments made by counties from being considered as

made by the Forest Service or Bureau of Land Management lands. (Section 8624(2))

The Conference substitute adopts the House provision with an amendment

regarding the treatment of timber sale revenue. (Section 8624)

The Managers expanded Good Neighbor Authority to authorize Indian tribes and

counties to participate. As required by the underlying authority, the Managers expect that

the non-Federal entity – whether it be a Governor, County, or tribe – participating in

future Good Neighbor agreements undertake restoration activities on non-Federal land in

addition to “similar and complementary” restoration activities on Federal land under the

program.

(22) Wildland-urban interface

The Senate amendment prioritizes the use of funds for hazardous fuels reduction

projects within the wildland-urban interface. (Section 8625)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(23) Chattahoochee-Oconee national forest land adjustment

The Senate amendment authorizes USDA to sell or exchange any or all interest of

the United States in 30 tracts NFS land in Georgia totaling approximately 3,841 acres.

(Section 8626)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8625)

(24) Tennessee wilderness

The Senate amendment designates specified federal lands in the Cherokee

National Forest in Tennessee as wilderness and as additions to the National Wilderness

Preservation System. (Section 8627)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8626)

(25) Additions to Rough Mountain and Rich Hole wildernesses

The Senate amendment designates specified lands in the George Washington

National Forest in Virginia as part of the Rough Mountain Wilderness area, and the Rich

Hole Wilderness area and adds those lands to the National Wilderness Preservation

System. (Section 8628)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(26) Kisatchie national forest land conveyance

The Senate amendment authorizes USDA to sell specified federal land in Winn

Parish, Louisiana and requires USDA to sell a portion of that land to Collins Camp

Properties for the Collins Campsites. (Section 8629)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8627)

(27) Purchase of natural resources conservation service property, Riverside County,

California

The Senate amendment directs USDA to sell and quitclaim all right, title, and

interest of the United States in and to a parcel of real property located in Riverside,

California, administered by the Natural Resources Conservation Service, to the Riverside

Corona Resource Conservation District. (Section 8630).

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8628)

(28) Collaborative forest landscape restoration program

The House bill authorizes the Secretary to waive the 10-year eligibility

requirement for a restoration proposal when selecting proposals. The bill strikes the time

limit of 10 fiscal years regarding expenditures from the fund for any 1 proposal. It also

authorizes appropriations at $40 million for each fiscal year 2018 through 2023. (Section

8509)

The Senate amendment authorizes appropriations at $80 million for each fiscal

year 2018 through 2023. The amendment adds the House and Senate Agriculture

Committees to the reporting requirement. (Section 8631)

The Conference substitute adopts the Senate amendment with a modification that

authorizes both a waiver authority and waiver limitation. (Section 8629)

Following enactment of this Act, the Managers expect the Secretary to initiate the

process to receive new nominations and select new projects under this reauthorized

authority with the expanded authorization for appropriations. With the advice of the

advisory panel, as required in section 4003 of Public Law 111-11, the Managers expect

that the additional $40 million made available through this section should enable the

Secretary to select and fund not less than 10 new projects under the program.

(29) Utility infrastructure rights-of-way vegetation management pilot program

The House bill requires the Secretary to establish a limited, voluntary pilot

program to conduct vegetation management projects on NFS land adjacent to or near

rights-of-way. (Section 8502)

The Senate amendment authorizes the Secretary to establish a limited, voluntary

pilot program to conduct vegetation management projects on NFS land adjacent to or

near rights-of-way and changes the liability standard to which utilities are held when

operating on NFS lands. (Section 8632)

The Conference substitute adopts the Senate amendment with modifications to the

establishment of the pilot program, including the authorization for vegetative

management projects, liability, a clarification regarding compliance with other existing

laws and requiring a report to relevant Congressional committees. (Section 8630)

(30) Okhissa lake rural economic development land conveyance

The Senate amendment directs the Secretary of Agriculture to convey 150 acres

within the Homochitto National Forest in Mississippi for the purpose of rural economic

development. (Section 8633)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8631)

(31) Prairie dogs

The Senate amendment requires the Secretary of Agriculture to conduct a report

on the impact of prairie dogs on grazing allotments and requires the Forest Service to

take appropriate actions based upon the report within 1 year. (Section 8634)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(32) Wood innovation grant program

The House bill requires the Secretary to establish a competitive grant program,

the “Community Wood Energy and Wood Innovation Program”. It authorizes $25 million

in appropriations for each fiscal year 2019 through 2023. (Section 8106)

The Senate amendment provides direction to the Secretary regarding the wood

innovation grant program described in the notice 80 Fed. Reg. 63498 (Oct. 20, 2015).

(Section 8643)

The Conference substitute adopts both the Senate amendment and the House

provision with an amendment that modifies the definition of a community wood energy

system, and adds selection criteria as well as a priority component. (Sections 8643 and

8644)

(33) Remote sensing technologies

The Senate amendment requires the Chief of the Forest Service to find

efficiencies in the operations of the forest inventory and analysis program through the use

and integration of advanced remote sensing technologies to provide estimates for state

and national level inventories. (Section 12621)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 8632)

The Managers urge the Forest Service to continue to find efficiencies in program

operations through the use of remote sensing technologies where appropriate, as well as

partnering with states and other interested stakeholders to deliver programs.

(34) Support for state assessments and strategies for forest resources

The House bill amends section 2A(f)(1) of the Cooperative Forestry Assistance

Act of 1978 by reauthorizing the funding for the required state assessment through 2023.

(Section 8101)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 8101)

The Managers are concerned about the projected loss of private forestland in the

United States, as detailed in the Resources Planning Act Assessment and regional

analyses such as the Northern and Southern Forest Futures Reports, and associated loss of

societal benefits such as clean air and water, wildlife habitat, jobs and forest products,

and more. The Managers direct the Secretary, working through the Forest Resource

Coordinating Committee, to develop a National Reforestation Initiative that addresses the

threats to private forest retention. Within 24 months from the date of enactment of this

Act, the Managers urge the Forest Resource Coordinating Committee to generate a

strategic plan for the initiative to include relevant USDA programs that promote

‘‘Keeping Forests as Forests’’ and incentivize reforestation within priority areas

identified in the Forest Service Resources Planning Act and Statewide Forest Resource

Assessments and Strategies.

(35) Forest legacy program

The House bill amends section 7 of the Cooperative Forestry Assistance Act of

1978 by removing the authorization of appropriations of “such sums as necessary” and

authorizing $35,000,000 for each of fiscal years 2019 through 2023. (Section 8102)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(36) Community forest and open space conservation program

The House bill amends section 7A of the Cooperative Forestry Assistance Act of

1978 by removing the authorization of appropriations of “such sums as necessary” and

authorizing $5,000,000 for each of fiscal years 2019 through 2023. (Section 8103)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(37) Rural revitalization technologies

The House bill amends section 2371(d)(2) of the Food, Agriculture, Conservation,

and Trade Act of 1990 to reauthorize the Rural Revitalization Technologies Program at

the current level of $5,000,000 through FY 2023. (Section 8105)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 8701)

(38) Healthy forests restoration act of 2003 amendments

The House bill authorizes an additional program purpose. It requires that land be

private forest land or private land being restored to forest land in its eligibility

requirements. It adds a species deemed to be of greatest conservation need by a State

wildlife action plan. The bill adds an additional enrollment consideration. It strikes

limitations on funds used for easements and cost-share agreements. It authorizes

permanent easements to be used separately or in combination with other enrollment

options. The bill adds species of greatest conservation need, as identified in State wildlife

action plans, to the Secretary’s list of enrollment priority considerations in Section 502(f)

of the Statute. It requires the restoration plan to require specific practices and measures to

restore and enhance habitat for species described in section 502(b) in the statute. It

authorizes the Secretary to carry out priority projects to reduce insect or disease

infestation or hazardous fuels. It strikes the public notice date limitation. The bill requires

a project to be conducted in accordance with section 602(d)(1). It limits project size to

6,000 acres. It subjects the use of monies to paragraph (3)(A) in the statute. The bill

provides that in-kind resources not be considered monies received from the NFS or the

public lands, but payments made by a contractor shall be considered monies received

from the NFS or the public lands. (Section 8107)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

authorizes a new purpose for the Healthy Forests Reserve Program, amends eligibility for

enrollment, authorizes a new enrollment consideration, strikes a limitation on the use of

an easement, provides new authorities for the enrollment of acreage owned by Indian

Tribes, provides for new enrollment priorities, and amends the requirements for

restoration plan practices. The amendment also extends the authority for insect and

disease infestation and authorizes the reduction of hazardous fuels as a purpose. (Section

8407)

The Managers make improvements to the Healthy Forests Reserve Program. The

Managers were concerned that duplicative approval requirements outside of initial

approval and annual monitoring for management practices in the Healthy Forests Reserve

Program may be impeding the ability of landowners to successful use the program to its

fullest environmental benefit. The Managers direct the Natural Resources Conservation

Service to work with landowners to streamline the process around management practices,

ensuring that landowners participating in the program are not required to seek approval

for individual actions taken under their NRCS-approved restoration plans.

Additionally, the Managers intend that when designing restoration projects using

the Healthy Forests Restoration Act of 2003 or under other authorities authorized in the

Forestry title, the Secretary consider opportunities to restore sustainable recreational

infrastructure or access, or to accomplish other recreation outcomes, where such

opportunities are compatible with the primary restoration purpose(s) of the project.

(39) Inclusion of invasive vegetation in designated treatment areas

The House bill amends section 602 of the Healthy Forests Restoration Act of

2003 by including in the designation of treatment areas forests that experience invasive

vegetation. (Section 8109)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(40) Use of reserved funds for title II projects on federal land and certain non-federal

land

The House bill amends section 204(f) of the Secure Rural Schools and

Community Self-Determination Act of 2000 to require 50% of Title II funds be spent on

projects which include sale of forest products and meet land management objectives.

(Section 8201)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(41) Resource advisory committees

The House bill amends section 205(a)(4) of the Secure Rural Schools and

Community Self-Determination Act of 2000 to extend Title II Resource Advisory

Committee (RAC) functions, membership through fiscal year 2023. It amends section

205(d) of the Secure Rural Schools and Community Self- Determination Act of 2000 to

reduce the membership of RACs from 15 to 9 and to reduce the members that are

representative of community interests from 5 to 3. The bill adds a requirement for

members of the RAC to reside in the county or adjacent county where the RAC has

jurisdiction. It allows for a designee of the Secretary to perform certain functions.

(Section 8202)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with modifications

authorizing RAC waiver authority and creating a Regional Appointment Pilot Program.

(Section 8702)

The Managers addressed membership challenges facing Resource Advisory

Committees (RACs) by bringing requirements more in line with achievable benchmarks.

The Managers note that RACs are under-utilized across the country and encourage the

Forest Service to highlight the new requirements in outreach to interested communities.

In addition, the Managers intend for the Forest Service to proceed with the RAC re-

charter process and member nominations immediately so they will be fully functioning

when reauthorized.

(42) Program for Title II self-sustaining resource advisory committee projects

The House bill amends Title II of the Secure Rural Schools and Community Self-

Determination Act of 2000 by authorizing the Chief of the Forest Service to choose ten

RACs that may retain revenue from projects to fund future projects that accomplish forest

management objectives. (Section 8203)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(43) Rule of application for national forest system lands and public lands

The House bill is a rule of application, limiting the application of the authorities

provided by subtitle C to NFS or public lands that are not in the National Wilderness

Preservation System, within an inventoried roadless area (unless the forest management

activity is consistent with the applicable forest plan or allowed under the applicable

roadless rule), or land on which timber harvest is prohibited by Federal law. (Section

8302)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(44) Consultation under the endangered species act

The House bill removes the requirement for consultation under section 7 of the

Endangered Species Act for a project carried out by the Forest Service if the project is

found not likely to adversely affect a listed species. It allows for an expedited

consultation where the projects conducted under a CE for which a section 7 consultation

is required, the action is deemed to have complied with the requirements of Section 7

after 90 days. (Section 8303)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(45) Secretarial discretion in the case of two or more categorical exclusions

The House bill clarifies that if a forest management activity might fall under more

than one of the categorical exclusions, the Secretary has full discretion in determining

which categorical exclusion to apply. (Section 8304)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(46) Categorical exclusion to expedite certain critical response actions

The House bill authorize the use of CEs for addressing insect and disease

infestation, reducing hazardous fuel loads, protecting municipal water sources, improving

or enhancing critical habitat, and increasing water yield. It provides for the availability of

CEs under this section. The bill limits the size of the CEs to 6,000 acres. (Section 8311)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(47) Categorical exclusion to expedite salvage operations in response to catastrophic

events

The House bill authorizes the use of CEs for specific salvage operations carried

out by the Secretary. It provides for the availability of CEs under this section. The bill

limits the size of the CE to 6,000 acres. It requires that salvage operations covered by a

CE under this section protect streams and stream buffers as provided in the forest plan.

The bill further requires the development of a reforestation plan as part of the salvage

operation. (Section 8312)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(48) Categorical exclusion to meet forest plan goals for early successional forests

The House bill authorizes the use of CEs for the modification, improvement,

enhancement, or creation of early successional forests for wildlife habitat improvement.

It provides for the availability of the CE under this section. It directs the Secretary to

maximize production and regeneration of priority species in the development of a forest

management activity conducted under this section. The bill limits the size of the CEs to

6,000 acres. (Section 8313)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(49) Categorical exclusion for hazard trees

The House bill authorizes the use of CEs in order to remove hazardous trees and

salvage timber to protect public safety, a public water supply, or public infrastructure.

(Section 8314)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(50) Categorical exclusion to improve or restore national forest system lands or public

land or reduce the risk of wildfire

The House bill authorizes the use of CEs for certain activities when the purpose of

those activities is to improve, restore, or reduce the risk of wildfire on NFS or public

lands. It provides for the availability of CEs under this section. The bill limits the size of

the CEs to 6,000 acres. It provides the pertinent definitions. (Section 8315)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(51) Categorical exclusion for forest restoration

The House bill establishes a CE for certain forest management activities on NFS

lands, including timber harvest, hazardous fuel reduction, and prescribed burning. It

provides for the availability of CEs under this section. The bill limits the size of the CEs

to 6,000 acres. It provides for limitations on the building of permanent and temporary

roads under this CE. (Section 8316)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(52) Categorical exclusion for infrastructure forest management activities

The House bill establishes a CE for certain forest management activities related to

infrastructure on NFS land, including activities related to roads, bridges, dams, and other

facilities. (Section 8317)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(53) Categorical exclusion for developed recreation sites

The House bill establishes a CE for certain forest management activities on NFS

lands related to the operation, maintenance, modification, reconstruction or

decommissioning of existing recreation sites. (Section 8318)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(54) Categorical exclusion for administrative sites

The House bill establishes a CE for certain forest management activities on NFS

lands related to the construction, maintenance, decommissioning, relocation, and disposal

of administrative sites. It provides for the availability of CEs under this section. The bill

provides for a limitation on roads and pesticide use. It provides a definition for

administrative site. (Section 8319)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(55) Categorical exclusion for special use authorizations

The House bill establishes a CE for certain forest management activities on NFS

lands related to special use authorizations. It provides for the availability of CEs under

this section. The bill requires the preparation of certain documents in order to use the

CE. (Section 8320)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(56) Clarification of existing categorical exclusion authority related to insect and disease

infestation

The House bill amends section 603(c)(2)(B) of the Healthy Forests Restoration

Act of 2003 to include Fire Regime IV and V (Lodgepole pine) in the Insect & Disease

Categorical Exclusion included in the 2014 Farm Bill. (Section 8321)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(57) Regulations regarding designation or dead or dying trees of certain tree species on

national forest system lands in California as exempt from prohibition on export of

unprocessed timber originating from federal lands

The House bill directs the Secretary to issue rulemaking to determine that

unprocessed timber from NFS lands in California is considered surplus to domestic needs

and is therefore exempt from export prohibitions. It requires the Secretary to consult

with representatives of sawmills in California and make a reasonable effort to avoid

adverse impacts to the industry. It allows the Secretary to adjust contract provisions in

region 5 of the NFS to carry out this section. The bill exempts timber harvested under this

section from the limitation of substitution of unprocessed Federal timber. It provides

authority to hire additional staff to implement the regulations issued under subsection (a).

It requires the regulations to remain in effect for10 years with periodic review. The bill

provides relevant definitions for this section. (Section 8333)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(58) Salvage and reforestation in response to catastrophic events

The House bill provides that an environmental assessment for a salvage operation

or reforestation activity on NFS lands must be completed within 60 days of a catastrophic

event and at least 75 percent of the impacted land must be reforested within a 5- year

period. The Secretary must also allow for public comment and objection before

implementing a reforestation activity or salvage operation. Salvage and reforestation

activities must be consistent with the applicable forest plan. Courts are also prohibited

from issuing preliminary injunctions with respect to salvage or reforestation activities in

response to large scale catastrophic events. (Section 8334)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(59) Analysis of only two alternatives (action versus no action) in proposed collaborative

forest management activities

The House bill provides 5 requirements for environmental assessments or impact

statements pursuant to NEPA with respect to forest management activities and requires

they only consider the forest management activity and the no action alternative. (Section

8335)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(60) Injunctive relief

The House bill requires courts to balance the impact of the effect of forest

management activity or agency action against the effects of no action and provides that

any preliminary injunction, or stay pending appeal, of a forest management activity shall

not exceed 60 days. Courts may issue renewals of any preliminary injunction pending

appeal. (Section 8336)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(61) Application of roadless area conservation rule

The House bill provides that 36 CFR 294, or successor regulations, do not apply

to any NFS land in Alaska. (Section 8337)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(62) Vacant grazing allotments made available to certain grazing permit holders

The House bill requires the Secretary to make vacant grazing allotments available

to a holder of a grazing permit or lease if the lands covered by the permit or lease are

unusable because of natural disaster, court-issued injunction, or conflict with wildlife.

Courts may not issue any order enjoining the use of any allotment where a permit or lease

has been issued unless the Secretary can make a vacant grazing allotment available to the

holder of the permit or lease and makes the allotment subject to a CE. (Section 8338)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(63) Pilot project for forest health, watershed improvement, and habitat restoration in

New Mexico

The House bill establishes a pilot program within the Lincoln National Forest,

Cibola national Forest, and Gila National Forest to analyze and demonstrate the

effectiveness of various tools and techniques to address concerns on thinning, watershed

improvement, and habitat restoration. The authority to carry out the program terminates 7

years after the date of enactment. (Section 8339)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(64) Protection of tribal forest assets through use of stewardship end-result contracting

and other authorities

The House bill provides authority for action by the Secretary not later than 120

days after the date on which the Secretary receives a Tribal request. It amends section

2(b) of the Tribal Forest Protection Act of 2004 by providing Federal land management

agencies up to 120 days to respond to Tribal request for forest management on agency

lands and two years to complete the analysis. The bill includes conforming amendments.

(Section 8401)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(65) Tribal forest management demonstration project

The House bill gives authority to Indian Tribes to request to conduct forest

management activities on Federal lands where they have a Tribal interest. (Section 8402)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

authorizes demonstration projects by which Indian Tribes may contract to perform certain

functions of programs. (Section 8703)

The Managers authorized the Secretary of Agriculture and Secretary of the

Interior to carry out demonstration projects by which Federally recognized Indian tribes

or tribal organizations may contract to perform functions of the Tribal Forest Protection

Act (25 U.S.C. 3115a et seq.). The Managers expect these demonstration projects to be

evaluated under the criteria defined in section (c) of that Act (23 U.S5C. 3115a(c)).

(66) No loss of funds for wildfire suppression

The House bill clarifies that nothing in this title or the amendments made by this

title may be construed to limit from the availability of funds or other resources for

wildfire suppression. (Section 8504)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(67) Technical corrections

The House bill contains technical amendments to the Wildfire Suppression

Funding and Forest Management Activities Act. (Section 8505)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 8704)

(68) Conveyance of land and improvements to the village of Santa Clara, New Mexico

The House bill requires the Secretary to convey right, title, and interest in

approximately 1,520 acres of NFS land to Santa Clara. (Section 8506)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(69) Streamlining the forest service process for consideration of communications facility

location applications

The House bill requires the Secretary to issue regulations to streamline the

process for considering applications to locate communications facilities on covered land,

ensure the process is uniform, and require consideration of the applications be neutral.

The Secretary must consider how discrete reviews can be conducted simultaneously and

how to eliminate overlapping requirements among the organizational units of the Forest

Service with respect to the location or modification of a communications facility.

The bill also requires the Secretary of the Treasury to establish a special account for the

Forest Service for fees collected under this section for communications use

authorizations. The account must be available to cover the costs incurred by the Forest

Service as provided in appropriation acts. (Section 8507)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

does not include all the requirements for the regulations in the original provision.

(Section 8507)

(70) Report on wildfire, insect infestation, and disease prevention on federal land

The House bill requires the Secretaries of Agriculture and the Interior to submit

an annual report to the House Committees on Agriculture and Natural Resources and the

Senate Committees on Agriculture, Nutrition, and Forestry and Energy and Natural

Resources on the number of acres treated for wildfire, insect infestation, or disease

prevention, the number of acres categorized as high risk, total timber production, average

fire intensity of wildfires and federal response time for each fire greater than 25,000

acres. (Section 8508)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

authorizes several more data points and information for the report. (Section 8706)

(71) West Fork fire station

The House bill requires the Secretary to convey the West Fork Fire Station to

Dolores County, Colorado without consideration and any conveyance costs are to be paid

by the County. The section also requires the land be used only for a fire station and

related infrastructure or the land will revert to the United States. (Section 8510)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 8707)

(72) Competitive forestry, natural resources, and environmental grants program

The House bill amends section 1232 of the Food, Agriculture, Conservation, and

Trade Act of 1990 by authorizing the Secretary to award grants for forest restoration,

prioritizing applicants who will use grants for specific research projects. The bill also

includes mandatory criteria for forest restoration grants as well as criteria the Secretary

must consider when awarding such grants. (Section 8511)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 8708)

Title IX – Energy

(1) Definitions

The Senate amendment expands the definition of “biobased product” to include

“renewable chemicals,” and expands the definition of the term “biorefinery” to include

facilities that convert renewable biomass into renewable chemicals, or an intermediate

ingredient or feedstock of renewable biomass into any one or more, or a combination of

biofuels, renewable chemicals, or biobased products. Further, it amends the term

“Renewable Energy System” to include systems that produce usable energy from a

renewable energy source including distribution components necessary to move energy

produced by a system to the initial point of sale, and other ancillary infrastructure of a

system such as storage systems. (Section 9101)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 9001)

(2) Biobased markets program

The House bill prohibits federal agencies from placing limitations on the

procurement of wood and wood-based products greater than espoused in this section,

authorizes to be appropriated $2 million annually for fiscal year 2014 through fiscal year

2023, and eliminates the mandatory funding provision. (Section 6402)

The Senate amendment transfers the program from Departmental Management to

the Office of Rural Development. It instructs the Secretary to update the eligibility

criteria used to determine which renewable chemicals qualify to receive the “USDA

Certified Biobased Product” label within 90 days of enactment, establish guidelines for

an integrated and expedited process by which biobased products can be determined

eligible for Federal Procurement preference and approved for the “USDA Certified

Biobased Product” label, and work with the Secretary of the Department of Commerce to

develop North American Industry Classification System (NAICS) codes for renewable

chemical manufacturers and producers of biobased products. Additionally, the

amendment limits other agencies from imposing procurement limitations more restrictive

than the regulations contained within this section. It instructs USDA to develop

education and outreach efforts to assist stakeholders in navigating the federal

procurement and voluntary labeling programs found under this section, authorizes $3

million in appropriations for fiscal year 2019 through fiscal year 2023, and reauthorizes

mandatory funding at $3 million for each year 2019 through 2023. (Section 9102)

The Conference substitute adopts the Senate provision with an amendment that

extends the amount of time the Secretary has to update the criteria for determining which

renewable chemicals may qualify to receive the “USDA Certified Biobased Product”

label from "90" to "180" days and strikes instructions to USDA to perform education and

outreach efforts. (Section 9002)

The Managers support elevating the Biobased Market Program within the U.S.

Department of Agriculture and believe this program is consistent with the mission of

Rural Development. The Managers urge USDA to establish and promote public-private

partnership frameworks for Biobased Market Program activities to increase U.S.

purchasing of biobased products that is necessary to growth of the biobased sector.

Allocating funding to support public-private partnerships would allow biobased

manufacturers and allied stakeholders to identify potential customers —ranging from

military bases to private-sector fleets and facilities —to design and implement effective

outreach. The Managers also encourage USDA to further promote and give a preference

to the procurement of agricultural biobased products within USDA Rural Development,

including rural housing and rural electrification.

The Managers intend for USDA’s implementation of the integrated qualification

process that USDA evaluate within the year additional standards available for the use of

renewable agricultural resources through standard setting bodies, including international

standards. The Managers intend that USDA recognize feedstock inputs produced using

biobased mass balance methods, which USDA may accomplish through the creation of a

Biopreferred process label specifying the percentage of biobased feedstock used.

The Managers intend that USDA continue to develop and implement education

and outreach efforts to assist stakeholders in navigating the federal procurement and

voluntary labeling programs.

Not later than 1 year after the date of the enactment of this Act, the Secretary shall

establish a biobased content methodology for products produced using biologically

recycled carbon that provides full credit for carbon content from biological processing of

carbon captured from an industrial source that would otherwise be released into the

atmosphere.

The Managers intend for the Biobased Markets Program to better function

through increased transparency, that the Secretary periodically update Congress on

product procurement trends of federal agencies and their contractors to help ensure the

program is accomplishing its mission.

The Managers believe the Secretary could best implement the Biobased Markets

Program through collaborating with the Environmental Protection Agency’s

Administrator on the Safer Choice label program to provide agency procurement officials

with data on products that are certified biobased and have a reduced impact on human

and environmental health.

(3) Biorefinery assistance

The House bill expands the eligibility of technologies to those being adopted in a

viable commercial-scale operation of a biorefinery that produces an advanced biofuel or

technologies not previously described that has been demonstrated to have technical and

economic potential for commercial application in a biorefinery that produces an advanced

biofuel. It maintains authorization of appropriations at $75 million annually for fiscal

year 2014 through fiscal year 2023 and eliminates the mandatory funding provision and

biobased product manufacturing set aside provision. (Section 6403)

The Senate amendment expands the definition of “eligible technologies” to

technologies that produce any one or more or a combination of advanced biofuels,

renewable chemicals or biobased products. It maintains discretionary funding at $75

million for fiscal year 2014 through fiscal year 2023 and reauthorizes mandatory funding

at $100 million for 2019 and $50 million for 2020. (Section 9103)

The Conference substitute adopts the Senate provision with an amendment that

provides $50,000,000 in mandatory funding for 2019 and $25,000,000 for 2020 and

maintains an authorization of appropriations of $75,000,000 through fiscal year 2023.

(Section 9003)

The Managers intend that the program entitled “Biorefinery Assistance”, which

provides loan guarantees for the construction and retrofitting of biorefineries, be available

to advanced biofuel, renewable chemical, or biobased product manufacturing facilities.

The Managers expect the Secretary to implement Section 9003, Biorefinery

Assistance as soon as possible in fiscal year 2019. The Managers intend that the Office of

Management and Budget completes the review of all loan proposals within 30 days of

receipt.

The Managers expect the Secretary to ensure that all biobutanol manufacturers

can qualify for the biorefinery assistance program as an advanced biofuel, regardless of

their feedstock.

(4) Repowering assistance program

The House bill authorizes to be appropriated $10 million annually for fiscal year

2014 through fiscal year 2023 and eliminates the mandatory funding provision. (Section

6404)

The Senate amendment repeals section 9004 of the Farm Security and Rural

Investment Act of 2002. (Section 9104)

The Conference substitute adopts the Senate provision. (Section 9004)

(5) Bioenergy program for advanced biofuels

The House bill modifies the equitable distribution portion of the program by

limiting the amount of payments for advanced biofuel produced from a single eligible

commodity to not exceed one-third of the total program funding available in a fiscal year.

It authorizes to be appropriated $50 million annually for fiscal year 2019 through fiscal

year 2023 and eliminates the mandatory funding provision. (Section 6405)

The Senate amendment amends discretionary funding, providing $15 million for

fiscal year 2019 through fiscal year 2023. It provides for mandatory funding at $15

million for each year fiscal year 2019 through fiscal year 2023. (Section 9105)

The Conference substitute adopts the House provision with an amendment that

authorizes $7,000,000 in mandatory funding for fiscal years 2018 through 2023 and

maintains an authorization of appropriations in the amount of $20,000,000 for fiscal years

2019 through 2023. (Section 9005)

The Managers urge USDA to utilize the Bioenergy Program for Advanced

Biofuels to make payments equally on all eligible advanced bioenergy production,

replacing the current structure that provides separate payments for base and incremental

production. Public comments received during the previous rulemaking process for this

program indicated the current structure creates unnecessary and burdensome record-

keeping requirements. USDA never issued a final rule and the program continues to

operate under an interim final rule with the existing base and incremental payment

structure.

(6) Biodiesel fuel education program

The House bill authorizes to be appropriated $2 million annually for fiscal year

2019 through fiscal year 2023 and eliminates mandatory funding for the program.

(Section 6406)

The Senate amendment authorizes to be appropriated $2 million annually for

fiscal year 2019 through fiscal year 2023. (Section 9106)

The Conference substitute adopts the House provision. (Section 9006)

The Managers encourage USDA to continue to fund competitively awarded

Biodiesel Education Program grants through existing annual budgetary accounts.

(7) Rural energy for America program

The House bill maintains an appropriated level of $20 million annually for fiscal

year 2014 through fiscal year 2023. It limits mandatory funding to fiscal year 2014

through fiscal year 2018 and provides a categorical exclusion for electric generating

facilities with a capacity of 10 megawatts or less in the program from having to prepare

environmental assessments or an environmental impact statement. (Sections 6407 &

6408)

The Senate amendment allows for the purchase and installation of efficient energy

equipment or systems to qualify for loan guarantees and grants provided under this

section. It strikes the reporting provision enacted in the Food, Conservation, and Energy

Act of 2008. Additionally, the Senate amendment reauthorizes appropriations at $50

million for fiscal year 2019 through fiscal year 2023 and maintains mandatory baseline

funding of $50 million per year. (Section 9107)

The Conference substitute adopts the Senate provision with an amendment

clarifying that agricultural producers are eligible for loan guarantees for the purchase and

installation of energy efficient equipment or systems for agricultural production or

processing, clarifying limitations on the loan guarantees for energy efficient equipment,

and establishing that total funding for these systems shall not exceed 15% of the funds

available to the program. (Section 9007)

The Managers intend that for loan guarantees made under Section 9007

(c)(1)(A)(ii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107),

those loans shall be made to achieve additional energy efficiency beyond what the

producer would otherwise need to install. If the producer is building a new structure for

production purposes, the additional efficiency should come on top of what would already

be required to make a business case for the project to be successful. Through guaranteed

loans made under (c)(1)(A)(ii), the purpose and goals of the Rural Energy for America

Program shall be maintained by requiring additional efficiency above a baseline

determined by the requirements under (c)(1)(A)(ii).

The Managers intend for USDA’s determination of applicability under (c)(1)(B)

that USDA compare only such equipment and systems that perform the same agricultural

production function.

When determining the applicability of (c)(1)(B), the Managers intend that USDA

consider the availability of energy efficient equipment or systems that could be used in

general for the same purpose. For example, several options exist for high efficiency

lighting equipment that may be used in agricultural production. However, if an eligible

producer wishes to apply for the loan guarantee to purchase or install proprietary high

efficiency lighting equipment that may also be used to grow agricultural products, the

Secretary shall consider the proprietary equipment as meeting the obligation of more than

one type of equipment being available.

The Managers recognize that the assorted methods of renewable electricity

generation that qualify for financial assistance under the Rural Energy for America

Program (REAP) are treated differently regarding whether or not a given project may

qualify for a categorical exclusion from the need to provide additional documentation

under the National Environmental Policy Act (NEPA). Under current regulations solar,

wind, biomass, and various distributed technologies have different standards.

The Managers suggest that, in order to harmonize these regulations and facilitate

additional deployment of renewable energy systems that do not have a significant impact

on the environment, the Secretary consider an update of the relevant regulations to allow

any solar, wind, or biomass project that has a rating of 10 megawatts or less, and which

has undergone an extraordinary circumstances analysis and submitted an environmental

report the Secretary finds acceptable to fulfill the necessary requirements under NEPA, to

be designated as being categorically excluded from any requirement to prepare or publish

a "Notice of Availability of the EA" or participate in a public review and comment

period. Additionally, the Managers suggest the Secretary consider a similar

harmonization and update of the relevant regulations regarding the availability of a

categorical exclusion for small scale renewable and distributed energy projects that

involve no or minimal alterations in the physical environment and typically occur on

previously disturbed land.

(8) Biomass crop assistance program

The House bill authorizes to be appropriated $25 million annually for fiscal year

2019 through fiscal year 2023 and eliminates the mandatory funding provision. (Section

6411)

The Senate amendment adds algae as an eligible material and clarifies material

harvested for the purpose of hazardous woody fuel reduction qualifies for matching

payments. It authorizes appropriations of $20 million annually for fiscal year 2019

through fiscal year 2023 and reauthorizes the program with $25 million of mandatory

funding for each annual fiscal year 2019 through fiscal year 2023. (Section 9110)

The Conference substitute adopts the House provision with an amendment that

adds algae as an eligible material under the program. (Section 9010)

(9) Biogas research and adoption of biogas systems

The Senate amendment inserts a new section after section 9011 of title IX of the

Farm Security and Rural Investment Act of 2002, establishing an Interagency Biogas

Opportunities Task Force to coordinate policies and programs to accelerate biogas

research and investment in biogas systems. It also authorizes a study on advancing biogas

markets and analyzing data related to biogas systems. (Section 9111)

The House bill contains no comparable provision.

The Conference substitute does not adopt the Senate provision.

The Managers intend that USDA coordinate policies and programs to accelerate

biogas research and investment in biogas systems, while also studying ways to advance

biogas markets and analyze data related to these systems.

Not later than 180 days after the date of enactment of the Agriculture

Improvement Act of 2018, the Secretary in coordination with the Secretary of Energy and

the EPA Administrator shall establish an Interagency Biogas Opportunities Task Force

building upon the existing Biogas Opportunities Working Group. The Task Force will

coordinate policies, programs, and research to accelerate biogas research and investment

in cost-effective biogas systems. The Task Force shall be composed of the head of each

Federal office responsible for biogas research or biogas system financing, including a

representative from the Department of Agriculture, the Department of Energy, the

Environmental Protection Agency, and National Renewable Energy Laboratory. The

Task Force will also have representation of 1 or more representatives of State or local

governments, 1 or more nongovernmental or industry stakeholders, and a community

stakeholder.

The Task Force shall evaluate and improve the coordination of loan and grant

programs of the Federal agencies represented on the Task Force to broaden the financing

options available for biogas systems. It will also explore how to enhance opportunities for

private financing of biogas systems; review Federal procurement guidelines to ensure that

products of biogas systems are eligible for and promoted by applicable procurement

programs of the Federal Government; evaluate the development of North American

Industry Classification System and North American Product Classification System codes

for biogas and biogas system products; review opportunities and develop strategies to

overcome barriers to integrating biogas into electricity and renewable natural gas

markets; develop tools to broaden the market for non-energy biogas system products;

provide information on the ability of biogas system products to participate in markets that

provide environmental benefits; identify and investigate research gaps in biogas and

anaerobic digestion technology; including research gaps in environmental benefits,

market assessment; and performance standards; assess the most cost-effective voluntary

investments in biogas to reduce waste and methane emissions; and identify and advance

additional priorities, as determined by the Task Force.

Not later than 18 months after the date of the establishment of the Task Force, the

Task Force shall submit to Congress a report that identifies whether it was able to carry

out the duties outlined above and include recommendations on how Congress should

prioritize policies and technological opportunities, aimed at expanding the biogas

industry. The report shall also consider recommendations on how to eliminate barriers to

investment in biogas systems in the landfill, livestock, wastewater, and other relevant

sectors; and to enhance opportunities for private and public sector partnerships to finance

biogas systems. Two years after the establishment of the Task Force it shall identify,

collect, and analyze environmental, technical, and economic performance data relating to

biogas systems, including the production of energy of biogas systems, co-products,

greenhouse gas and other emissions, water quality benefits, and other data necessary to

develop markets for biogas and biogas system co-products. This data shall be made

public.

(10) Community wood energy program

The House bill expands the program to provide financial assistance for the

installation of public or private wood energy systems and the construction of

manufacturing or processing plants that use or produce innovative wood products. It

changes the name to the “Community Wood Energy and Wood Innovation Program” and

authorizes appropriations of $25 million annually from fiscal year 2019 through fiscal

year 2023. (Section 8106)

The Senate amendment authorizes appropriations of $5 million annually from

fiscal year 2019 through fiscal year 2023. (Section 9112)

The Conference substitute adopts the House provision with an amendment

establishing priorities for grant awards, and relocates the section to the Forestry title.

(Section 8106)

(11) Carbon utilization and biogas education program

The Senate amendment adds a new section authorizing the Secretary to provide

grants to eligible entities for educating the public and biogas producers about the benefits

of carbon sequestration. It authorizes appropriations of $2 million annually for fiscal

2019 through fiscal year 2023 and authorizes $2 million in mandatory funding for each

year fiscal year 2019 through fiscal year 2023. (Section 9113)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

clarifies the objective of the public education should be about the benefits and

opportunities to rural businesses, communities, and utilities serving rural communities.

Further, the amendment clarifies that eligible entities shall also provide education to

agricultural producers and other stakeholders. Lastly, the amendment strikes the inclusion

of the mandatory funding provision. (Section 9011)

The Managers intend that grants made under Section 9014 shall be made to

agricultural producers and other rural entities.

Title X - Horticulture

(1) Local agriculture market program

The House bill eliminates Commodity Credit Corporation (“CCC”) funding for

the Value-Added Agricultural Producer Grant (“VAPG”) program. It also increases the

authorization of appropriations level for VAPG to $50 million for each of FY 2019-2023.

Additionally, the House bill eliminates CCC funding for both the Local Food Promotion

Program (“LFPP”) and Farmers Market Promotion Program (“FMPP”). It authorizes

appropriations LFPP and FMPP of $30 million for each of FY 2019-2023. (Sections 9002

& 6501)

The Senate amendment combines the purposes and coordinates the functions of

the FMPP and LFPP established under section 6 of the Farmer-to-Consumer Direct

Marketing Act of 1976 and the VAPG grants under section 231(b) of the Agricultural

Risk Protection Act of 2000. It directs the Secretary to streamline and simplify the

program, as well as to connect producers with local food markets and value-added

agricultural product opportunities. There is additional authority for grants to support

partnerships. Section 210(i)(1) provides $60 million in CCC funds for FY 2019 and each

fiscal year thereafter. Section 210(i)(3) requires 47% of available funds to be used for

farmers’ market and local food promotion grants. (Section 10102)

The Conference substitute adopts the Senate provision with an amendment that

provides separate requirements to be considered as an eligible entity for value-added

producer grants from the farmers’ markets and local food promotion program. The

substitute also provides for several program purposes specific to the previous authority

for the value-added producer grants. Finally, the amendment provides for $50 million in

CCC funds for FY2019 and each fiscal year thereafter, to remain available until

expended. (Section 10102)

The Managers recognize the increasing demand for local food and value added

production, so the Conference Substitute includes $500 million in mandatory funding for

the Local Agriculture Market Program (LAMP), which combines the Value Added

Producer Grant program (VAPG) and the Farmers Market Promotion Program (FMPP)

and the Local Food Promotion Program (LFPP). The Managers have provided permanent

funding for this program to ensure that the program have baseline funding hereafter. The

Managers have agreed to form the LAMP to encourage USDA to utilize administrative

efficiencies and increase coordination between Rural Development (RD) and Agricultural

Marketing Service (AMS) particularly through state and regional USDA offices, with

producers who are eligible for these programs while preserving each program’s core

functions and constituencies. The Managers intend for each program’s statutory

authority, mission, grant priorities and activities to be retained as before. In addition to

administrative efficiency and increased coordination, combining these programs will

provide additional support for local and regional food system infrastructure, regional

supply chain coordination, and new food and agricultural products.

The combined program includes a new focus on regional partnerships to

encourage a multi-stakeholder approach to local food system development, while

leveraging additional funds and providing technical assistance to eligible entities. The

Managers intend that grants awarded to partnerships be received and managed by either

an eligible entity or entities or partner or partners depending on the terms of the

partnership agreement or the application submitted to USDA. One of the goals of a

partnership is to alleviate unnecessary administrative and technical barriers for any

applicant participating in a partnership. The Conference Substitute includes provisions

regarding education, outreach, and application assistance duties for partners, which the

Managers view as an important component for developing local and regional food

systems in low-income and underserved communities.

The Managers intend that eligible entities for the farmers market and local food

grants, who participate in regional partnerships, may apply for funding for both the

partnership and grant program in a single application.

The Managers are aware of past stakeholder confusion regarding the definition of direct

producer sales that do not involve an intermediary such as a food hub. It is the Managers

intent to support the development, coordination, and expansion of direct producer-to-

retail, direct producer-to-restaurants and direct producer-to-institutional marketing as part

of supporting the development, coordination and expansion of direct producer-to-

consumer marketing through LAMP.

The Managers recognize that farmer cooperatives efficiently spread the benefits

of the VAPG, including within LAMP, among a large number of producers in the

aggregate. Cooperatives by their nature bring many producers together who individually

do not have the size, expertise and resources to take advantage of the value chain beyond

the farm gate, and they give them the opportunity to profit from those down-stream

activities. Therefore, funds invested and the benefits of projects generated by

cooperatives through the VAPG are distributed to a wide number of producers. Likewise,

by investing in initiatives of cooperatives, such projects lower the overall costs to the

government in program administration per individual farmer that benefits. Therefore, the

Managers direct USDA to continue to treat cooperatives as a priority in administering the

VAPG of LAMP.

(2) Organic certification

The House bill directs the Secretary of Agriculture (the “Secretary”) to issue

regulations to limit the type of organic operations that are excluded from certification.

The bill further requires the Secretary to modernize trade tracking and data collection

systems, including full traceability, as well as a report to Congress regarding

investigations and compliance actions. It authorizes the Secretary to oversee and approve

a certifying agent in a foreign country and provides for annual certification.

The House bill also directs the Secretary to establish expedited and emergency

procedures related to food, crop, or human safety for placing a substance on the National

List. The provision allows for an employee of an owner or operator of an organic

farming operation to represent the owner or operator on the National Organic Standards

Board (NOSB) and allows for the convening of a task force to consult with the Food and

Drug Administration (“FDA”) or Environmental Protection Agency (“EPA”) when

deciding if a substance that has been determined safe within the meaning of the Federal

Food, Drug, and Cosmetic Act, or determined by the EPA to not be harmful, should be

included on the National List.

The House bill authorizes sharing of certain information during an investigation.

It also authorizes a certifying agent to require additional information from a producer and

handler under certain circumstances, and authorizes access to cross border documentation

systems. The section requires the $5 million of CCC funds provided be available for

modernization of trade and data collection and to maintain current database and

technology upgrades. (Section 9006)

The Senate amendment directs the Secretary to issue regulations to limit the type

of organic operations that are excluded from certification, amends the definition of

“certifying agent”, and defines the term “national organic program import certificate”.

The amendment requires an import certification for imports represented as organic in the

U.S. It further requires the Secretary to establish a tracking system, modernize trade

tracking and data collection systems, including full traceability, and provide a report to

Congress on organic imports. It authorizes the Secretary to oversee a certifying agent in a

foreign country and provides the certification be for a period of time consistent with the

certification of a domestic certifying agent.

The provision also requires that a vote on an amendment to the National List

receives 2/3 of the votes when a quorum is present.

The Senate amendment authorizes sharing of certain information during an

investigation and for the review of an accreditation of an agent in a foreign country and

provides access to cross border documentation systems. It authorizes an organic

agricultural product imports interagency working group. The section requires $5 million

of CCC funds be provided for data collection. Finally, the section requires certain

provisions be carried out in a manner consistent with all trade obligations. (Section

10104)

The Conference substitute adopts the Senate provision with an amendment

providing for the oversight of foreign and domestic certifying offices as well as notice

and process regarding new and suspended certifications. The amendment also adopts the

House provision regarding additional documentation and verification.

The amendment adopts the House provision regarding employees of an owner or

operator of an organic farming operation to represent the owner or operator on the

NOSB. (Section 10104)

The Managers recognize that fraudulent organic imports have the potential to

unfairly damage the reputation of the National Organic Program’s (NOP) organic

certification system and undercut domestic sales of certified organic products. Therefore,

the Managers agreed to provisions from both the House-passed bill and Senate

Amendment that are intended to provide the Secretary with better data, information-

sharing and clarity of authority to identify and prevent known compliance risks to the

NOP, particularly those imported from certifiers, handlers, or producers not accredited or

certified by USDA or covered under an organic equivalency agreement. The Managers

intend for these measures to be consistent for all products covered under the NOP. The

Managers adopted and are applying a trade savings provision to ensure USDA

implementation does not inhibit trade in organic agricultural products that are otherwise

certified and following NOP standards, as well as other trade protocols.

The Managers encourage improved coordination between Federal agencies that

oversee import protocols and agencies responsible for organic certification and

enforcement in order to ensure information sharing and response in cases of potential

fraud. Since the NOP is a marketing and process-oriented program, the Managers provide

funding for the Secretary to establish and utilize more modern systems and method to

share data with other agencies both within USDA, between the Animal and Plant Health

Inspection Service (APHIS), AMS, and Foreign Agricultural Service (FAS), as well as

outside of USDA, particularly U.S. Customs and Border Protection. In addition, the

Conference Substitute adopts a provision authorizing the Secretary to require producers

and handlers of imported organic products, in cases of a known NOP compliance risk, to

provide additional documentation, including an NOP import certificate, as long as this

additional information is not more than is otherwise required under an equivalency

agreement negotiated between the United States and the foreign government. The

Managers codified the oversight authority of the Secretary to accredit certifying agents

operating in a foreign country as well as certifying offices and foreign operations located

within the United States. The Managers intend for the Secretary to implement these

measures to be consistent with such standards and information as are required for

domestic producers and handlers within the NOP.

The Managers appreciate the role of the National Organic Standards Board

(NOSB) as an advisory board that is governed by the Federal Advisory Committee Act

(FACA) and works with the AMS to consider and offer recommendations on a wide

range of issues involving the production, handling, and processing of organic products.

The Managers expect the Board and AMS to be transparent and adhere to the best science

and technical assistance available, including from other science agencies, to provide

certainty and predictability to the agricultural community and consumers.

The Managers codified USDA measures and NOSB procedures, currently in

practice, to provide certainty to producers and users of the NOP. The Conference

Substitute adopts subsection (e) of Sec. 10104 of the Senate Amendment to require 2/3 of

the votes cast at an NOSB meeting at which a quorum is present to be a decisive vote

regarding changes made to the organic “National List”. The Conference Substitute adopts

Subsection (c) of section 9006 of the House bill to allow for an employee of an organic

farming operation to represent the owner or operator on the NOSB. An employee of an

organic farming operation, organic handling operation, or organic retail establishment, as

designated by the owner or company, may be any employee, including a farmworker or

minimum wage employee

The Managers expect the NOSB, when reviewing potential amendments to the

National List, to consider the findings, supporting data, and technical assistance made

available by the U.S. Environmental Protection Agency to evaluate the safety and

consumer health effects of pesticides registered for use, and consider the findings,

supporting data, and technical assistance made available by the U.S. Food and Drug

Administration to evaluate the safety and consumer health of food additives.

Given the continued urgency in producer implementation of food safety standards and

requirements, the Managers encourage the NOSB, while following the material review

requirements established in the Organic Foods Production Act, to establish procedures for

timely consideration and review of materials directly related to food safety compliance

for inclusion on the national list.

(3) National organic certification cost-share program

The Senate amendment strikes the directed delegation clause to the AMS and

authorizes $11.5 million of CCC funds for each of FY 2019-23, to remain available until

expended. There is no authorization of appropriations. (Section 10105)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

provides $24 million of CCC funds for FY 2019-2023. (Section 10105)

The Managers recognize that organic cost-share assistance is an important

resource for farmers desiring to transition into organic production or to obtain organic

certification. In FY2017, the USDA transferred administration of the National Organic

Certification Cost Share Program from the Agriculture Marketing Service to the Farm

Service Agency. During this transfer, USDA obligated a fraction of the mandatory

funding made available for organic cost-share assistance. The Managers direct the

Secretary to expend all carryover funding that was made available for the National

Organic Certification Cost Share Program, from fiscal years 2014 through 2018, during

fiscal years 2019 through 2023. The Managers also direct the Secretary to develop and

implement an outreach plan to reach organic farmers interested in organic cost-share

assistance.

(4) Specialty crop block grants

The House bill amends the administrative requirements of the program to include

and develop (in consultation with the Secretary) an evaluation of performance through

cooperative agreements with State Departments of Agriculture and stakeholders to

periodically evaluate the program. It authorizes the Secretary to use $5 million each

fiscal year 2018-23 towards multistate projects and adds new grant purposes. (Section

9004)

The Senate amendment provision amends state plan requirements to enhance the

competitiveness of specialty crops at the national, regional and local levels. It also

includes performance measures in the state plan developed by the State department of

agriculture, in consultation with stakeholders. The Senate amendment requires the state

plan to identify best practices for methods to enhance the competitiveness of specialty

crops, requires an application meet the state plan requirements, adds an annual evaluation

requirement regarding performance measures for States receiving a grant, and increases

the cap on administrative expenses to 4 and 9 percent for the Secretary and States

respectively. The section also requires the Secretary to provide guidance to States

regarding best practices and priorities prior to the submission of State plans each year. It

requires stakeholder input be used to develop priorities and considered by the Secretary

as States develop a plan under eligibility requirements, clarifies the Administrator shall

administer funds of approved multistate projects, and authorizes the Secretary to use $5

million each fiscal year thereafter towards multistate projects. (Section 10107)

The Conference substitute adopts the House provision with an amendment that

clarifies the Secretary may directly administer multistate projects for applicants in a

nonparticipating-State and provides for the evaluation of the grant program. (Section

10107)

The Managers intend for the Specialty Crop Block Grant Program to be a state-

driven program that improves the competitiveness and meets the priorities of specialty

crop producers. The Managers are cognizant of the reporting challenges imposed at the

Federal level on States administering Specialty Crop Block Grants and have therefore

elaborated on those crop priorities to guide, in a cooperative manner, grant applicants,

state departments of agriculture, and USDA on the state plan requirements, performance

measures and evaluations needed to properly allocate resources. To broaden specialty

crop stakeholder access to multi-state projects, the Managers adopted a modification to

allow USDA to directly administer all aspects of multi-state projects for applicants in a

nonparticipating state.

(5) Plant variety protection

The House bill defines the term “asexually reproduced”, adds asexual

multiplication as an act constituting infringement of plant variety protection, and protects

asexual reproducible plant material from certain acts in connection with sale, offering for

sale or advertising. (Section 9005)

The Senate amendment is identical to section 9005(b) of the House bill. (Section

10108)

The Conference substitute adopts the House provision. (Section 10108)

The Managers recognize the importance of expanding the scope of the Plant

Variety Protection Act to provide the same rights and protections provided to breeders of

asexually propagated plants. The Managers expect the Department of Agriculture to

promulgate the necessary rules and guidance to implement these amendments to the Plant

Variety Protection Act no later than 1 year after the date of enactment of this Act.

(6) Multiple crop and pesticide use survey

The Senate amendment authorizes a multiple crop and pesticide use survey.

(Section 10109)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modification to

include $500,000 of CCC funding for FY 2019, to remain available until expended.

(Section 10109)

The Managers recognize the importance of crop protection tools as crucial

technologies for helping farmers prevent, manage, and eradicate pests and plant diseases

that threaten crop production yields. The Managers intend for the Secretary of

Agriculture, acting through the Office of Pest Management Policy, to conduct crop and

pesticide use surveys for a variety of crops for the use of risk assessment modeling and

mitigation for active ingredients. The Managers intend for the multiple crop and pesticide

use surveys to be conducted frequently and in a timely manner to allow the Office of Pest

Management Policy sufficient time to respond to the Environmental Protection Agency’s

60-day comment periods related to pesticide registrations. The Managers direct the

Secretary of Agriculture to work with the Office of Management & Budget (OMB) to

gain approval of a generic clearance for the purposes of this provision to meet the

requirements of information collection review under the Paperwork Reduction Act (and

as outlined in an April 7, 2010, OMB Memorandum for the Heads of Executive

Departments and Agencies, and Independent Regulatory Agencies regarding information

collection under the Paperwork Reduction Act). The generic clearance is necessary for

the Department of Agriculture to gather and accurately communicate to the

Environmental Protection Agency information regarding the agricultural community’s

actual use patterns and mitigations in order for the Environmental Protection Agency’s

final decisions to be more probabilistic and therefore more accurate and data based.

(7) Clarification of use of funds for technical assistance

The Senate amendment excludes technical assistance under this title of the 2018

farm bill from section 111 CCC cap. (Section 10110)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 10112)

(8) Hemp production

The Senate amendment provision amends the Agricultural Marketing Act of 1946

to allow States to regulate hemp production based on a state or tribal plan. The

amendment requires that such plan includes information on locations of hemp production,

testing for THC concentration, disposal of plants that are out of compliance, and

negligence or other violations of the state or tribal plan. It requires the Secretary to

establish a plan, in consultation with the U.S. Attorney General, for States and tribes

without USDA approved plans to monitor and regulate hemp production. The section

clarifies that nothing in this subtitle affects or modifies the Federal Food, Drug, and

Cosmetic Act or authorities of the HHS Secretary and FDA Commissioner and clarifies

that nothing in this title authorizes interference with the interstate commerce of hemp.

(Sections 10111 & 10112)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendment, including

auditing authority and a grandfather clause regarding program participation. (Sections

10113 and 10114)

In Sec. 297A, the Managers intend to clarify, within the hemp production subtitle, that

hemp is defined as the plant cannabis sativa L, or any part of that plant, including seeds,

derivatives, and extracts, with a delta-9 tetrahydrocannabinol (THC) concentration of not

more than 0.3 percent on a dry weight basis.

In Sec. 297B, the Managers intend to authorize states and tribal governments to

submit a state plan to the Secretary for approval to have primary regulatory authority over

the growing and production of hemp. The Managers do not intend to limit what states and

tribal governments include in their state or tribal plan, as long as it is consistent with this

subtitle. For example, states and tribal governments are authorized to put more restrictive

parameters on the production of hemp, but are not authorized to alter the definition of

hemp or put in place policies that are less restrictive than this title.

Within 60 days of receiving a state or tribal plan, the Secretary must approve or

deny the plan. The Secretary is required to consult with the Attorney General regarding

the approval or denial of state plans, but the Managers intend for the final decision to be

made by the Secretary. The consultation with the Attorney General should not alter the

60 day requirement to approve or deny a plan.

The Managers authorized the Secretary to audit state and tribal compliance with

an approved plan and take corrective action, including revoking approval, based on a

state or tribal government’s noncompliance, as appropriate. The Managers intend to

allow state and tribal governments to appeal decisions by the Secretary pertaining to a

state or tribal plan for hemp production and do not intend to preclude a state or tribal

government from resubmitting a new state or tribal plan for consideration at a later date.

If a state or tribal plan is denied or revoked, the Managers intend for hemp production in

that state or tribal area to fall under the Secretary’s jurisdiction as authorized in section

297C.

The Secretary is authorized to provide technical assistance to states and Indian

tribes to aid in the development of a state or tribal plan.

The Managers define negligent and other types of producer violations that require

enforcement under a state or tribal plan. The Managers also set limits on who may

participate in state or tribal plans. Any person convicted of a felony relating to a

controlled substance shall be ineligible to participate under the state or tribal plan for a

10-year period following the date of the conviction. However, this prohibition shall not

apply to producers who have been lawfully participating in a state hemp pilot program as

authorized by the Agricultural Act of 2014, prior to enactment of this subtitle.

Subsequent felony convictions after the date of enactment of this subtitle will trigger a

10-year nonparticipation period regardless of whether the producer participated in the

pilot program authorized in 2014. Additionally, anyone who materially falsifies any

information in their application to participate in hemp production through a state, tribal,

or USDA plan shall be ineligible.

In Sec. 297C, the Managers intend to require the Secretary to develop a USDA

plan or plans to be implemented in states and tribal territories that forego developing and

submitting a state or tribal hemp production plan. The Managers expect the USDA plan

or plans to meet the same content requirements as state and tribal plans in Sec. 297B. The

USDA plan may contain, as determined by the Secretary, additional practices and

procedures that are otherwise consistent with this subtitle. It is the Managers intent that

the Secretary have discretion regarding the appropriate number of plans, one or more than

one, needed to implement Sec. 297C.

The Managers require the Secretary to collect, maintain, and make accessible to

Federal, state, territorial, and local law enforcement, real-time information regarding the

status of a license or other authorization for all hemp producers, whether participating

under a state, tribal, or USDA plan. The Managers encourage the Secretary to develop a

memorandum of understanding with Federal law enforcement agencies to define the

parameters of this system and to potentially share the costs of such information sharing

system.

In Sec. 297D, the Managers clarify that the Secretary has the sole authority to

issue guidelines and regulations regarding the production of hemp. However, nothing in

this subtitle shall affect or modify the authority granted to the Food and Drug

Administration and the Secretary of Health and Human Services under the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health

Service Act (42 U.S.C. 262), including for hemp-derived products. The Secretary is

required to consult with the Attorney General on the promulgation of regulations, but

ultimately, the regulations shall only be issued by the Secretary of Agriculture. To ensure

that the Secretary moves forward with issuing regulations in as timely a fashion as

possible, the Secretary shall periodically report to Congress with updates regarding

implementation of this title.

While states and Indian tribes may limit the production and sale of hemp and

hemp products within their borders, the Managers, in Sec. 10112, agreed to not allow

such states and Indian tribes to limit the transportation or shipment of hemp or hemp

products through the state or Indian territory.

(9) Recognition and role of State lead agencies

The House bill amends section 2(aa) of the Federal Insecticide, Fungicide, and

Rodenticide Act (“FIFRA”) to include a definition of “State lead agency” for the

purposes of FIFRA. It amends section 22(b) of FIFRA by limiting regulations to those

promulgated by the EPA or within the authority of a State lead agency. The subsection

further amends section 23(a)(1) of FIFRA to authorize States or Tribes to establish and

maintain uniform regulation of pesticide through cooperative agreement with the

Administrator of the EPA (“Administrator”). The section further amends section 24(a) of

the FIFRA to restrict the authority of a political subdivision of a State to regulate a

pesticide beyond the Federal limits. Additionally the House bill amends section 25(a)(2)

of FIFRA by requiring the Administrator to publish any comments regarding prescribed

regulations promulgated pursuant to FIFRA from the Secretary or any State lead agency

in the Federal Register, including any response to the comments, if such comments are

received within 30 days of receipt of a copy of any such regulation. The section further

allows for the Secretary or a State lead agency to request that any comments sent to the

Administrator regarding prescribed regulations promulgated pursuant to FIFRA within 15

days of receipt of a copy of the regulation, including any responses to the comments, be

published in the Federal Register. (Section 9101)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(10) Pesticide registration and use

The House bill amends section 3(c)(5) of the FIFRA to require the Administrator

of the EPA to register a pesticide if the Administrator determines that the pesticide, when

used in accordance with widespread and commonly recognized practices, is not likely to

jeopardize the survival of a federally listed threatened or endangered species or to alter

habitat critical for the survival or recovery of such species. It further amends section 3 to

require the Administrator to use the best scientific and commercial information available,

which may include species and habitat information from the Secretary of Interior or

Secretary of Commerce, and consider all restrictions on use when considering the criteria

for the registration of a pesticide. The Administrator shall not be required to consult or

communicate with the Secretary of the Interior or the Secretary of Commerce under the

authority of any other statute when making such determination, unless otherwise

petitioned by the registrant of the pesticide. The House bill amends section 3(c)(7) of

FIFRA to require the Administrator to conditionally register or amend the registration of

a pesticide under special circumstances if the Administrator determines that the pesticide,

when used in accordance with widespread and commonly recognized practices, is not

likely to jeopardize the survival of a federally listed threatened or endangered species or

to alter habitat critical for the survival or recovery of such species. The House bill

amends section 3(g)(1)(A) of FIFRA to require the Administrator to complete the

determination, and subsequent periodic reviews, that a pesticide, when used in

accordance with widespread and commonly recognized practices, is not likely to

jeopardize the survival of a federally listed threatened or endangered species or to alter

habitat critical for the survival or recovery of such species, over the following schedule:

by October 1, 2026 for an active ingredient first registered on or before October 1, 2007;

by October 1, 2033 for an active ingredient first registered between October 1, 2007 and

the day before enactment; and not later than 48 months after the effective date of

registration for an active ingredient registered on or after the date of enactment. The

House bill amends section 5(a) of FIFRA to require the Administrator, when issuing an

experimental use permit for a pesticide, to determine that the pesticide, when used in

accordance with widespread and commonly recognized practices, is not likely to

jeopardize the survival of a federally listed threatened or endangered species or to alter

habitat critical for the survival or recovery of such species. The House bill amends

section 6(b) of FIFRA to require the Administrator, when issuing a notice to cancel or

change the classification of a pesticide, to determine that the pesticide, when used in

accordance with widespread and commonly recognized practices, is not likely to

jeopardize the survival of a federally listed threatened or endangered species or to alter

habitat critical for the survival or recovery of such species. The House bill amends

section 12 of FIFRA to clarify that any taking of a federally listed threatened or

endangered species resulting from the lawful use of a pesticide determined by the

Administrator to meet the criteria specified in section 3(c)(5)(A)(v) is not considered

unlawful. The House bill amends section 24(c) of FIFRA to require the Administrator,

when denying a State pesticide registration, to determine that the pesticide, when used in

accordance with widespread and commonly recognized practices, is not likely to

jeopardize the survival of a federally listed threatened or endangered species or to alter

habitat critical for the survival or recovery of such species. The House bill directs the

Administrator to publish and continue to review a work plan for completing required

determinations and implementing and enforcing registration standards. (Sections 9111,

9112, 9113, 9114, 9115 & 9116)

The Senate amendment contain no comparable provision.

The Conference substitute adopts the House provision with an amendment that

establishes an interagency working group and requires certain reports in section 3 of

FIFRA. (Section 10115)

(11) Use of authorized pesticides; Discharge of pesticides

The House bill amends section 3(f) of FIFRA to direct the Administrator or a

State to not require a permit under the Federal Water Pollution Control Act for a

discharge from a point source into navigable waters. It also amends section 402 of the

Federal Water Pollution Control Act by adding new subsection(s) to prevent the

Administrator or a State from requiring a permit for a discharge into navigable waters of

a pesticide authorized under FIFRA except under listed circumstances. (Sections 9117

and 9118)

The Senate amendment contain no comparable provision.

The Conference substitute deletes the House provision.

(12) Enactment of Pesticide Registration Improvement Enhancement Act of 2017

The House bill enacts H.R. 1029. (Section 9119)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(13) Methyl bromide

The House bill amends section 419 of the Plant Protection Act to clarify the

authorized uses of methyl bromide. It allows the Secretary of Agriculture or a State,

local, or Tribal authority to authorize the qualified use of methyl bromide in response to

an emergency event. Subsection (a) also requires that any State, local, or Tribal authority

that authorizes such use notify the Secretary within 5 days of such determination. A State,

local, or Tribal authority may not authorize the use of methyl bromide if the Secretary

objects to the use within 5 days of the notification. The House bill requires that a

notification by any State, local, or Tribal government contain a certification of the

authorization to use methyl bromide in response to an emergency event, a description of

the emergency event and the economic loss that would result from such event, contact

information for a designated responsible individual of the authority, the location of the

emergency event including the total acreage of the event, the identity of the pests to be

controlled, the total volume of methyl bromide to be used, and the anticipated date of

such use. It allows the Secretary to object to an authorization of use within 5 days of

receipt of notification by a State, local, or Tribal authority. The Secretary shall provide

notification of the objection in writing, including reasons for such objection and any

additional information that the Secretary would require to withdraw the objection. The

Secretary may object to an authorization if the Secretary determines the notification does

not contain all the information required, does not demonstrate the existence of an

emergency event, or the qualified use does not comply with the enumerated limitations

on use. Subsection (c) also allows the Secretary to withdraw an objection if, within 14

days of the transmission of the notification for authorized use, the State, local, or Tribal

government submits additional information to the satisfaction of the Secretary. Upon

issuance of the withdrawal, the State, local, or Tribal authority may authorize the use of

methyl bromide subject to the limitations of qualified use. The House bill deems the

production, distribution, sale, shipment, application, or use of a pesticide containing

methyl bromide pursuant to an authorization under this section to also be authorized

under FIFRA, regardless of whether the use is registered under FIFRA, and included on

the approved label for the product. The section limits the amount of methyl bromide that

may be used per specific location of an emergency to 20 metric tons. Further, the

aggregate amount of methyl bromide that may be used in the U.S. in a calendar year shall

not exceed the total amount authorized by the Montreal Protocol on Substances the

Deplete the Ozone Layer for critical use in the U.S. in calendar year 2011. It allows for

the production or importation of methyl bromide in response to an emergency event

notwithstanding any other provision of law, gives the Secretary exclusive authority for

determining which species are considered quarantine pests, and includes definitions of

relevant terms such as “emergency event,” “pests,” and “qualified use”. (Section 9121)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

requires a study on methyl bromide use in response to an emergency event. (Section

10116)

The Managers intend that the Secretary of Agriculture engage substantively with

the Secretary of State and the Administrator of the Environmental Protection Agency

throughout the planning and conduct of the study, and in formulating any

recommendations resulting from the study. The Managers intend that the definition of

“emergency event” in this section only apply for the purposes, and the duration, of the

study.

(14) Preventing the arrival in the United State of forest pests through restrictions on the

importation of certain plants for planting

The House bill addresses cooperation between the Animal and Plant Health

Inspection Service and the Forest Service to intercept tree and wood pests and would

require a report on the interception of forest pests. (Section 9122)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment that

authorizes a report on forest pests. (Section 10110)

(15) Report on regulation of plant biostimulants

The House bill authorizes a report on plant biostimulant products and defines the

term “plant biostimulant”. (Section 9201)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendment

authorizing a study including authority for the Secretary to modify the description of

plant biostimulant. (Section 10111)

The Managers recognize the importance of plant biostimulants as an emerging

technology for production agriculture. The Managers intend for the Secretary of

Agriculture, in consultation with Administrator of the EPA, States, and relevant

stakeholders, to provide a report to Congress that identifies any potential regulatory, non-

regulatory, and legislative recommendations, including the appropriateness of any

definitions for plant biostimulants. The Managers intend for this report to facilitate the

regulatory framework for plant biostimulant products and ensure the efficient and

appropriate review, approval, uniform national labeling, and availability of these products

to agricultural producers.

Title XI – Crop Insurance

(1) Definitions

The Senate amendment defines “cover crop termination” and “hemp” as used in

the Federal Crop Insurance Act (the “Act”). (Section 11101)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11101)

(2) Data collection

The Senate amendment amends section 506(h)(2) of the Act to require

appropriate data collected by the National Agricultural Statistics Service (NASS) and

through the Noninsured Crop Disaster Assistance Program (NAP) be provided to the

Federal Crop Insurance Corporation (FCIC). The data must be provided in an aggregate

form. (Section 11102)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11102)

The Managers intend that any additional information made available from the

Farm Service Agency (FSA) related to NAP records, which could assist with new product

development, be shared with the applicants under section 11103.

(3) Sharing of records

The Senate amendment amends section 506(h)(3) of the Act to require the

Secretary to share records with private developers of crop insurance products who have

received payment under section 522(b)(2)(E) related to crop insurance policy research

and development costs. (Section 11103)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11103)

The Managers intend that the sharing of records be limited to policies directly

being developed by the applicants.

(4) Use of resources

The Senate amendment amends section 507(f) of the Act to update the resources,

data, boards, and the committees the Board should use within the Department, including

sharing information to support the transition of crops from NAP to crop

insurance. (Section 11104)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications that

add board discretion and remove certain assessment requirements. (Section 11104)

The Managers recognize that the Risk Management Agency (RMA), Natural

Resources Conservation Service (NRCS) and FSA serve a significant number of common

program participants. The Managers expect the agencies to coordinate to avoid

duplication, streamline or create common processes, and make participants aware of

opportunities even if the participants are outside that particular agency. For example, a

producer may have some crops that are eligible for Federal Crop Insurance and others

that are eligible for FSA’s NAP. The Managers encourage USDA to establish procedures

in both agencies to make sure producers are informed of all of their options for coverage

without regard to which agency the producers interact with first.

(5) Specialty crops coordinator

The Senate amendment amends section 507(g) of the Act to require the Specialty

Crops Coordinator to designate a Specialty Crop Liaison in each regional field office, and

to establish a website focused on the efforts of the FCIC to provide and expand crop

insurance for specialty crop producers. (Section 11105(a))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification to

remove specific requirements for the website. (Section 11105)

The Managers intend for the website required under new section 507(g)(5) of the

Act to include an online mechanism to provide comments relating to specialty crops and

a calendar publishing opportunities to provide comments at specialty crop events or

public forums. The Managers also encourage the Specialty Crops Coordinator to publish

on the website a plan, with projected completion dates, for expanding existing policies or

plans of insurance for specialty crops to new crops, new areas, and by adding new

revenue options or endorsements.

(6) Addition of specialty crops and other value-added crops

The Senate amendment amends section 508(a)(6) of the Act to require the

manager of the FCIC to annually prepare, to the maximum extent practicable, at least 2 of

each of the following: (1) research and development for a policy or plan of insurance for

a new crop; (2) expansion of an existing policy or plan of insurance to additional counties

or states (including malting barley); and (3) research and development for a policy or

plan of insurance, or endorsement, for crops with existing policies or plans of insurance,

such as dollar plans. (Section 1105(b))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a technical

modification replacing a description and an amendment to decrease the number of

required actions from 2 of each to 1 of each. (Section 11105)

The Managers intend for this provision to be implemented in coordination with

other changes that improve data sharing between FSA and RMA. The Managers intend

for NAP data to be used to support expanding Federal Crop Insurance to additional crops

and, for existing insurable crops, to additional counties. The Managers recognize that

Federal Crop Insurance provides significantly better risk protection for producers and

expect the combination of these changes with the annual review under this section to act

as an “on-ramp” for producers to more robust risk management options.

(7) Insurance period

The Senate amendment amends section 508(a)(2) of the Act to add hemp.

(Section 11106)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11106)

(8) Cover crops

The Senate amendment amends section 508(a)(3) of the Act to include a

conservation activity or enhancement (including cover crops) that is approved by the

Natural Resources Conservation Service or an agricultural expert. Requires that

voluntary good farming practices be considered a good farming practice only if the

insured crop may be expected to make normal progress toward maturity under typical

growing conditions. It also provides standards for cover crop termination and summer

fallow in relation to insurability. (Section 11107)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with modifications to

clarify termination guidelines and provides that an exception can be recommended by the

Natural Resources Conservation Service or an agricultural expert, as determined by the

Corporation, unless the exception is determined to be unreasonable by the Corporation.

(Section 11107)

The Managers note that producers considering voluntary conservation practices

like cover crops, whether directly through a USDA conservation program or informally

according to USDA’s recommended procedures, should have confidence that following

the program guidance, procedures or advice will not impact their insurability or

protection under Federal Crop Insurance. The Managers expect USDA to coordinate

internally and provide clear guidance to farmers, agents and loss adjustors to ensure that

guidance, procedures, or advice regarding voluntary conservation practices from one part

of USDA does not potentially put other USDA benefits at risk.

(9) Underserved producers

The Senate amendment modifies section 508(a)(7) of the Act to: (1) clarify that

the definition of “adequately served” applies “by crop”; (2) add a definition of the term

“underserved producer” to mean “a beginning farmer or rancher, a veteran farmer or

rancher, or a socially disadvantaged farmer or rancher”; (3) include a review of the types

of production common among underserved producers and types of production, such as

diversified production for local markets; and (4) require a report every 3 years to include

recommendations to increase participation in states and among underserved producers

that are not adequately served by crop insurance. (Section 11108)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification to

add Tribes and Tribal Members to the definition of underserved producers. (Section

11108)

The Managers recognize that while underserved producers are involved in a wide

variety of agricultural production and crops, many of these producers are concentrated in

certain types of production. Therefore, the Managers intend for the Board to examine

types of production common among underserved producers, including diversified

production for local markets.

(10) Administrative basic fee

The House bill increases the basic administrative fee to $500 per crop per county.

(Section 10002)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with modifications to set

the basic administrative fee at $655 per crop per county. (Section 11110)

(11) Prevention of duplicate coverage

The House bill amends section 508(c)(1) of the Act to provide that crops for which

the producer has elected Agriculture Risk Coverage, or that are enrolled in the Stacked

Income Protection Plan, are ineligible for coverage based on an area yield and loss basis or

supplemental coverage. It also

makes certain conforming amendments. (Section 10003)

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(12) Performance-based discount

The House bill amends section 508(d) of the Act to repeal the authority for

performance-based discounts for producers. It also makes certain conforming

amendments. (Section 10004)

The Senate amendment amends section 508(d)(3) of the Act to allow the FCIC to

offer premium discounts for practices that can be demonstrated to reduce risk,

considering precision irrigation, fertilization, crop rotations, cover crops, and other

appropriate practices. (Section 11109)

The Conference substitute deletes both provisions.

The Managers note that Federal Crop Insurance must be made available to all

producers at rates and prices set by the RMA. Rebating is strictly prohibited by the Act,

with specific limited exceptions. This prohibition against rebating, whether in the form of

discounts, incentives, or other inducements, ensures fair treatment for all producers. The

Managers commend RMA for taking the rebating prohibition seriously and carrying out

section 508(a)(9)(B)(iii) in a manner that is consistent with Congressional intent and

current law.

(13) Enterprise units

The Senate amendment amends section 508(e)(5) of the Act to allow a producer

to establish a single enterprise unit by combining across county lines: (1) enterprise units;

or (2) all basic units and all optional units. (Section 11110)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11111)

The Managers do not intend for the new section 508(e)(5)(E) of the Act to

mandate enterprise units that would cross state boundaries. Further, the Managers do not

intend to change the Corporation’s authority to offer enterprise units, beyond the

authority to combine enterprise units as provided in new section 508(e)(5)(E).

(14) Treatment of forage and grazing

The House bill amends section 508(b)(1) of the Act to strike the exception that

provides that catastrophic risk protection plans shall not be available for crops and

grasses used for grazing. It also adds a new section 508D, which permits separate crop

insurance policies, including a catastrophic risk protection plan under which crops that

can be both grazed and mechanically harvested on the same acres during the same

growing season are eligible. Provides that such separate policies can be independently

indemnified for each intended use. Additionally, the House bill amends section 508(n) of

the Act to specifically except coverage under the new section 508D from the section

508(n) limitations. (Section 10001)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with technical

modifications to clarify the provision allows producers to purchase separate policies for

each intended use, as determined by the FCIC, and any indemnity paid under those

policies for each intended use shall not be considered to be for the same loss for the

purposes of section 508(n) of the Act. (Section 11109)

The Managers note there are a suite of programs administered by FSA or offered

by RMA that address risks faced by livestock owners and forage producers. The

Managers believe the Secretary should take into consideration the different causes of loss

covered by these programs when carrying out the limitation on multiple benefits for the

same loss.

(15) Pasture, rangeland, and forage policy for members of Indian tribes

The Senate amendment amends section 508(e)(7) of the Act to provide premium

subsidy at the rate of 90 percent for a member of an Indian tribe for the first purchase of

Pasture, Rangeland, and Forage insurance. (Section 11111)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(16) Continued authority

The House bill amends section 508(g) to require FCIC to establish: (1)

underwriting rules to provide producers with an election to limit the decrease in actual

production history (APH) to not more than 10 percent of the prior crop year’s APH,

provided that the production decline was the result of drought, flood, natural disaster, or

other insurable loss; and (2) actuarially sound premiums to cover the additional risk.

(Section 10005)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 11112)

The Managers note that RMA has a long history of offering producers protection

from a decrease of more than 10% in their APH. The Managers intend for RMA to

continue offering this option to producers in conjunction with other APH adjustments in

statute.

(17) Submission of policies and materials to the board

The Senate amendment amends section 508(h) of the Act to authorize the FCIC

Board, in the case of a policy, pilot program, and other materials relating to the

production of hemp, to waive the viability and marketability requirements under section

508(h). (Section 11112)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11113)

(18) Whole farm revenue agent incentives

The Senate amendment amends section 508(k) of the Act to provide an additional

reimbursement to an agent that sells a Whole Farm Revenue Policy. (Section 11113

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(19) Crop production on native sod

The Senate amendment amends section 508(o)(2)(A) of the Act to provide that:

(1) during the period beginning on February 8, 2014, and ending on the date of enactment

of the 2018 farm bill, native sod acreage that has been tilled for the production of an

insurable crop shall be subject to 4 cumulative years of a reduction in benefits.

Additionally, the Senate amendment provides that, as a condition on the receipt of crop

insurance benefits, a producer that has tilled native sod acreage for the production of an

insurable crop shall certify that acreage to the Secretary using a specified acreage report

form and 1 or more maps, and submit corrections or updates as appropriate. It also

requires the Secretary to submit an annual report to the House Committee on Agriculture

and the Senate Committee on Agriculture, Nutrition, and Forestry (the “Agriculture

Committees”) describing the tilled native sod acreage that has been certified in each

county and State. (Section 11114)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments to clarify

that native sod acreage that has been tilled would be subject to a reduction in benefits for

not more than four cumulative years during the first ten years after initial tillage. The

amendment also removes the option for a governor of a State to elect to have the

requirements apply to the State, if the State is not currently subject to the requirements.

(Section 11114)

The Managers intend for producers in Iowa, Minnesota, Montana, Nebraska,

North Dakota, and South Dakota who till native sod to have either a reduction in crop

insurance benefits or have the land not participate in crop insurance for a significant

period. By making the reduction in benefits cover any insurable crop rather than annual

crops, the Managers intend to remove the possibility of a producer avoiding these

ramifications by planting a perennial crop.

(20) Use of national agricultural statistics service data to combat waste, fraud, and

abuse

The Senate amendment amends section 515(d)(1) of the Act to include the use of

published aggregate data from NASS or any other data source to: (1) detect yield

disparities or other data anomalies that indicate potential fraud; and (2) target the relevant

counties, crops, regions, companies, or agents associated with that potential fraud for

audits and other enforcement actions. (Section 11115)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11115)

The Managers encourage the FCIC to incorporate or include published aggregate

data from the NASS in existing data mining efforts and other activities to combat waste,

fraud, and abuse. The Managers do not intend for the additional data sets to duplicate,

substitute, or replace ongoing fraud reduction efforts and activities, such as data mining

currently carried out by the Center for Agribusiness Excellence.

(21) Submission of information to corporation

The Senate amendment amends section 515(g) of the Act to require Approved

Insurance Providers (“AIPs”) to submit to FCIC the actual production history used to

establish insurable yields not later than 30 days after the applicable production reporting

date for the crop to be insured. (Section 11116)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

limit the submission requirements with respect to a policy for a covered commodity (as

defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) and to allow

AIPs the ability to correct errors in the information. (Section 11116)

The Managers intend for the FCIC to establish procedures to collect actual

production history to be used to establish insurable yields from AIPs. The Managers

intend for the information to be shared with FSA for use in administering commodity

programs. The Managers expect the FCIC to implement this provision in a reasonable

manner without penalty to producers or AIPs, while continuing to allow AIPs the ability

to correct errors in the information.

(22) Acreage report streamlining initiative

The Senate amendment amends section 515(j)(1)(B)(ii) of the Act to: (1) provide

that producers may report acreage and other information to the Department electronically

(including in the form of geospatial data) or conventionally;

(2) require the Administrators of

the RMA and the FSA to implement a consistent method for determining crop acreage,

acreage yields, farm acreage, property descriptions, and other common informational

requirements, including measures of common land units;

and (3) require each AIP to accept

from a producer or an authorized agent of a producer reports of crop acreage, acreage yields,

and other information electronically (including in the form of geospatial data) or

conventionally

. (Section 11117)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

The Managers note that direction on this joint initiative between RMA and FSA

has been consolidated in title I. The Managers expect RMA and the FCIC to continue to

coordinate with FSA and to make significant progress to streamline processes for

producers.

(23) Continuing education for loss adjusters and agents

The Senate amendment amends section 515 of the Act to further require FCIC to

establish requirements for continuing education for loss adjusters and agents of AIPs to

ensure that both are familiar with appropriate conservation activities and agronomic

practices that are common and appropriate to the area in which the insured crop being

inspected is produced, and include organic and sustainable practices. (Section 11118)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification to

broaden the education topics. (Section 11117)

(24) Funding for information technology

The Senate amendment bill amends section 515(k) of the Act to provide $1

million for each of fiscal years 2019 and 2020. (Section 11119)

The House bill contains no comparable provision.

The Conference substitute deletes the Senate amendment.

(25) Program administration

The House bill reduces the amount that FCIC may use under section

516(b)(2)(C)(i) to not more than $7 million per fiscal year. (Section 11119)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 11118)

(26) Agricultural commodity

The Senate amendment adds hemp to the list of commodities enumerated in

section 518. (Section 11120)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11119)

The Managers expect that in determining the insurability of a crop of hemp under

the Act, and in providing insurance options to hemp producers, RMA will collaborate

with the appropriate USDA, state, or tribal authorities as necessary to do so consistent

with the regulations and guidelines established in subtitle G of the Agricultural Marketing

Act of 1946. The Managers note that USDA or the appropriate state or tribal authority,

and not AIPs, agents, or loss adjusters, bear the responsibility of determining that a crop

grown as hemp complies with the applicable regulations and guidelines under Subtitle G.

The Managers also intend for “aquacultural species” to include algae species as

determined appropriate by the Board.

(27) Maintenance of policies; Reimbursement of research, development, and

maintenance costs

House bill section 10007(a) amends section 522(b) of the Act to—

(1) allow for reimbursement of “reasonable and actual research and development

costs” for policies that have been approved by the FCIC Board;

(2) require that costs of the applicant shall be considered “reasonable and actual

costs” if the costs are based on—

(A) wage rates equal to 2 times the hourly wage rate plus benefits, as provided

by the Bureau of Labor Statistics; or

(B) actual documented costs incurred by the applicant;

(3) designate the applicant (as opposed to the AIP) authority to determine whether to

maintain a policy, and to establish the fee to be paid for maintenance of the policy;

(4) require the FCIC Board to approve the amount of a fee unless the Board

determines, based on substantial evidence in the record, that the amount of the fee

unnecessarily inhibits the use of the policy; and

(5) prohibit the FCIC Board from disapproving a user fee based on its comparison to

a maintenance fee, or on the potential for the fee to result in a financial gain or loss to the

applicant.

The House bill also provides that the amendments shall apply to reimbursement

requests made on or after October 1, 2016, and that requests for reimbursement

previously denied between October 1, 2016, and the date of enactment of this Act may be

resubmitted. (Section 10007).

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendments to clarify

reasonable costs apply to any employees or contracted personnel costs. The amendment

also modifies the requirements for the Board to approve or disapprove the amount of a

maintenance fee, by including that the fee shall remain in effect and not be reviewed by

the Board unless specified criteria are met. (Section 11120)

The Managers believe the remuneration provided to the submitters of policies

developed under the 508(h) process ensures that underserved commodities have a fair

opportunity to benefit from innovative risk management solutions. The Managers expect

RMA and the FCIC Board to work with private submitters and those maintaining the

policies developed to determine fair compensation for work on these policies.

(28) Maintenance of policies; reimbursement of research, development, and maintenance

costs

The Senate amendment amends 522(b) of the Act to waive the viability and

marketability requirements for hemp under paragraphs (2) and (3). (Section 11121)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11121)

(29) Research and development priorities and authorities

The House bill amends paragraph (7) of the Act (as redesignated from current

paragraph (19)) to define “beginning farmer or rancher” for purposes of research and

development of whole farm insurance plans as having actively operated and managed a

farm or ranch for less than 10 years. This is longer for these purposes than the Act’s

underlying definition as having actively operated and managed a farm or ranch for up to

5 years. (Section 10008)

The Senate amendment amends paragraph (7) (as redesignated from current

paragraph (19)) of the Act to require FCIC, within 2 years, to hold stakeholder meetings

to solicit feedback, review and modify procedures and paperwork requirements to

decrease burdens, and increase flexibility and effectiveness.

(Section 11122)

The Conference substitute adopts both provisions with amendments to include

additional factors the FCIC Board shall consider during review of the whole farm

revenue protection policy. (Section 11122)

The Managers note the continued growth of Whole Farm Revenue Policies

(WFRP). The Managers believe that this policy has the potential to provide vital risk

management to producers who are underserved by crop insurance and enhance options

for existing policy holders. The Managers note that WFRP has the potential to provide

meaningful risk protection for non-traditional agricultural commodities (e.g. aquaculture)

or production and marketing systems (e.g. urban, local food, or greenhouses), that are not

served as well under current yield or revenue-based policies for individual crops.

The Managers believe that RMA should make WFRP policies more effective. In

carrying out the review described in new section 522(c)(7)(E) of the Act, the Managers

urge RMA to expedite the analysis of removing the cap on livestock and nursery revenue,

incorporating crop insurance indemnities and NAP payments into historical revenue, and

allowing all producers, regardless of total average revenue, to insure up to the maximum

amount of liability. Additionally, the Managers expect RMA to solicit input from the

diverse group of producers participating in WFRP and take appropriate steps to

streamline, add flexibility or tailor program rules to diverse producers’ needs and

circumstances.

The Managers also expect RMA to work with FSA to notify the existing

beginning farmers registered with FSA of the additional benefits under WFRP related to

the newly aligned beginning farmer definition.

(30) Tropical storm or hurricane insurance

The House bill adds a new section 522(c)(9) of the Act to require FCIC to enter

into 1 or more contracts with qualified entities to carry out research and development of

policies (including for tomato, pepper, and citrus crops) (1) against losses due to a

tropical storm or hurricane; (2) to evaluate the effectiveness of a risk management tool

for a low frequency, catastrophic loss weather event; and (3) to provide protection for

production or revenue losses, or both. (Section 10008(c))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with technical

modifications. (Section 11122)

The Managers note hurricanes and tropical storms caused significant agricultural

damage in 2017 and 2018 to crops with high levels of crop insurance participation, but

low levels of coverage, which led to passage of additional ad hoc disaster assistance. The

Managers expect RMA to identify policies that could provide cost effective insurance

options for catastrophic weather events such as tropical storms and hurricanes to alleviate

the need for such disaster assistance in the future.

(31) Subsurface irrigation practices

The House bill adds a new section 522(c)(10) of the Act to require that FCIC

offer to enter into a contract with a qualified entity to conduct research and development

on the creation of a separate practice for subsurface irrigation, including the

establishment of a separate transitional yield within the county that is reflective of the

average gain in productivity and yield associated with the installation of a subsurface

irrigation system. (Section 10008(c))

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with technical

modifications. (Section 11122)

The Managers note that instantaneous gains in productivity can be achieved

through the adoption of subsurface irrigation systems. The Managers expect these

methods to be carefully examined and, if appropriate, treated as a separate irrigation

practice so that a producer’s APH may more accurately reflect the yield and revenue

potential of the crop following the installation of such system.

(32) Irrigated grain sorghum crop insurance policy

The Senate amendment adds a new section 522(c)(9) of the Act to require FCIC

to carry out, or to enter into 1 or more contracts with qualified entities to carry out,

research and development regarding improvements to 1 or more policies to insure

irrigated grain sorghum, and alternative methods for producers with not more than 4

years of production history to insure irrigated grain sorghum. It also requires the FCIC to

submit within 1 year to the Agriculture Committees a report that describes the results of

the study and any related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with technical

modifications and an amendment to study grain sorghum rates and yields compared to

policies for other feed grains. (Section 11112)

(33) Study and report on grain sorghum rates and yields

The House bill adds a news section 522(c)(11) of the Act to require that FCIC

enter into a contract with a qualified entity to conduct a study to assess the differences in

rates, average yields, and coverage levels of grain sorghum policies as compared to other

feed grains within a county. It also requires FCIC to submit to the Agriculture

Committees a report that describes the results of the study within 1 year. (Section

10008(c))

The Senate amendment contains no comparable provision.

The Conference substitute deletes the House provision.

(34) Limited irrigation practices

The Senate amendment adds a new section 522(c)(10) of the Act to require FCIC

to: expand the availability of the limited irrigation insurance program to not fewer than 2

neighboring States; carry out, or offer to enter into 1 or more contracts with 1 or more

qualified persons to carry out, research on the marketability of the existing limited

irrigation insurance program; and make recommendations on how to improve

participation in the program. It also requires a qualified person, in carrying out the

research, to collaborate with certain researchers, and State and Federal officials; provide

recommendations to encourage limited irrigation and water conservation; and develop

applicable web-based applications. Additionally, the section requires FCIC to submit

within 18 months to the Agriculture Committees a report that describes the results of the

study, recommendations, and any actions taken by FCIC to carry out the

recommendations. (Section 11122(10))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendments to

include “consider expanding” and remove the requirement of expansion to not fewer than

two states. (Section 11122)

(35) Quality loss

The House bill adds a new section 522(c)(12) to the Act to require that FCIC offer

to enter into a contract with a qualified entity to conduct research and development on the

establishment of an alternative method of adjusting for quality losses that does not impact

the average production history of producers. Notwithstanding subsections (g) and (m) of

section 508 of the Act, it requires that if FCIC uses any method developed as a result of

the contract to adjust for quality losses, such method shall be optional for producers to

elect to use, and offered at an actuarially sound premium rate. (Section 10008(c))

The Senate amendment adds a new section 522(c)(11) to the Act to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development on establishing alternative methods of adjusting for

quality losses.

Notwithstanding subsections (g) and (m) of section 508 of the Act, any method

developed under the research and development that is used by FCIC shall be optional for

a producer to use, and offered at an actuarially sound premium rate. The section states

not later than 1 year after the date of enactment, FCIC shall submit to the Agriculture

Committees a report that describes the results of the research and development. (Section

11122(4))

The Conference substitute adopts the Senate amendment with a modification

regarding actual loss. (Section 11122)

The Managers intend for the research and development required under new

section 522(c)(10) of the Act to include, but not be limited to, wheat for alternative

methods of adjusting for quality losses. The Managers also intend the requirements in

subparagraph (B) of the new section 522(c)(10) to be considered during the research and

development.

(36) Citrus

The Senate amendment adds a new section 522(c)(12) to the Act to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development on the insurance of citrus fruit, including

improvements to 1 or more existing policies, including the Whole-Farm Revenue

Protection pilot policy; alternative methods of insuring revenue for citrus; and the

development of new, or expansion of existing, revenue policies for citrus fruit. It

requires FCIC to submit within 1 year to the Agriculture Committees a report that

describes the results of the study and any related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11122)

(37) Greenhouse policy

The Senate amendment adds a new section 522(c)(13) to the Act to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development on a policy to insure in a controlled environment

such as a greenhouse the production of floriculture, nursery, and bedding plants; or the

establishment of cuttings, seedlings or tissue culture in a growing medium. It requires

FCIC to make a policy or plan of insurance available notwithstanding law that otherwise

requires that: losses must be due to drought, flood, or other natural disaster (508(a)(1));

and insurance shall not extend beyond the period during which the insured commodity is

in the field. The section requires FCIC to submit within 1 year to the Agriculture

Committees a report that describes the results of the research and development and any

related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11122)

The Managers intend for the research and development to consider policies or

plans for coverage that are limited to losses outside of the producer’s control or

management, and that the producer follow good farming practices. The Managers expect

RMA to consider all potential eligible losses and encourage the review of circumstances

related to the Ralstonia outbreak in 2005 in Michigan and other states as it develops a

policy.

(38) Hops

The Senate amendment adds a new section 522(c)(14) to the Act to require FCIC

to carry out, or to enter into 1 or more contracts with qualified persons to carry out,

research and development regarding a policy to insure the production of hops or revenue

derived from the production of hops. It requires FCIC to submit within 1 year to the

Agriculture Committees a report that describes the results of the research and

development and any related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11122)

(39) Local foods

The House bill contains no comparable provision.

The Senate amendment adds a new section 522(c)(15) to the Act to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development on a policy to insure production of floriculture,

fruits, vegetables, poultry, livestock, or the products of floriculture, fruits, vegetables,

poultry, or livestock, that is targeted toward local consumers and markets. Additionally,

the section requires that the research and development evaluate the effectiveness of

policies and plans of insurance for production targeted toward local consumers and

markets, based on a detailed list of factors. The section requires FCIC to submit within 1

year to the Agriculture Committees a report that examines whether a version of existing

policies such as the Whole-Farm Revenue Protection insurance plan may provide

improved coverage for producers of local foods, describes the results of the research and

development, and any related recommendations. (Section 11122(4))

The Conference substitute adopts the Senate amendment with modifications to the

research and development as a feasibility study and to remove a specific list of marketing

strategies to be evaluated. (Section 11122)

The Managers intend for the feasibility study to consider a variety of marketing

strategies for local foods including direct-to-consumer; farmers markets; farm-to-

institution; and community-supported agriculture.

(40) Insurable irrigation practices for rice

The Senate amendment adds a new section 522(c)(16) to the Act to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development to include new and innovative irrigation practices

under the current rice policy, or the development of a distinct plan of insurance or policy

endorsement rated for rice produced using alternate wetting and drying practices (also

referred to as “intermittent flooding"), and furrow irrigation practices. It requires FCIC

to submit within 1 year to the Agriculture Committees a report that describes the results

of the research and development and any related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 11122)

(41) High-risk, highly productive batture land policy

The Senate amendment adds to the Act a new section 522(c)(17) to require FCIC

to carry out, or offer to enter into 1 or more contracts with 1 or more qualified persons to

carry out, research and development to insure producers of corn, cotton, and soybeans

with operations on highly productive batture land within the Lower Mississippi River

Valley that have a history of production of not less than 5 years, and that have been

impacted by more frequent flooding over the past 10 years due to sedimentation and

federally constructed engineering improvements. It requires FCIC to make a policy or

plan of insurance available notwithstanding law that otherwise requires that: losses must

be due to drought, flood, or other natural disaster (508(a)(1)); and insurance shall not

extend beyond the period during which the insured commodity is in the field.

Additionally the section requires FCIC to submit within 1 year to the Agriculture

Committees a report that examines whether a version of existing policies may be tailored

to provide improved coverage for batture-land producers, describes the results of the

research and development, and any related recommendations. (Section 11122(4))

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a provision to

remove the reference to a specific river mile location within the Lower Mississippi River

Valley. (Section 11122)

(42) Extension of funding for research and development

The House bill repeals section 522(d) of the Act and reduces funding from $12.5

million to $8 million annually. (Section 10009)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

maintain the authority for partnerships for risk management development. (Section

11123)

The Managers note that under the partnerships authority in section 522(d), RMA

is not required to offer Risk Management Education grants, and that crop insurance

education grants for underserved producers have been consolidated under the

Partnerships for Risk Management Education in section 524. In allocating the funding

available under section 522, the Managers expect RMA to prioritize research and

development activities.

(43) Education and risk management assistance

The House bill amends section 524 of the Act to: eliminate the crop insurance

education program for underserved states (section 524(a)(2)) and its funding; eliminate

the Agricultural Management Assistance (AMA) program (section 524(b)) and its

funding; and maintain the competitive grant program to educate agricultural producers

and its $5 million in annual funding. (Section 10010)

The Senate amendment amends section 524(a)(3)(A) of the Act to add

“conservation activities” to the list of allowable activities funded under the partnerships

for risk management education. (Section 11123).

The Conference substitute adopts the House provision with amendments to

consolidate the crop insurance education grants for underserved producers with the

Partnerships for Risk Management Education in section 524 of the Act and to maintain

the authority and funding for the Agriculture Management Assistance program. (Section

11125)

The Managers intend for educational programs for underserved producers in this

title to include users of dairy risk management policies or plans for coverage.

(44) Cropland report annual updates

The Senate amendment amends section 11014(c)(2) of the Act to extend the

annual reporting requirement through 2023. (Section 11124)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment striking the cropland

report authority and annual requirements. (Section 11126)

The Managers note that the cropland report was consolidated with the native sod

report and appears in new section 1614(f) of the Agricultural Act of 2014, as added by

section 1706(f) in title 1 of this bill.

Title XII – Miscellaneous

(1) Sheep production and marketing grant program

The House bill provides $2 million in CCC mandatory funds for FY 2019 to carry

out section 209 of the Agricultural Act of 1946, to remain available until expended.

(Section 11304(e)(3))

The Senate amendment amends section 209 to authorize appropriations of $1.5

million for each of fiscal years 2019 through 2023. (Section 12101)

The Conference substitute adopts the House provision with amendment. The

House bill established a Textile Trust Fund, of which the Sheep Marketing and

Production Grant Program was an underlying subsection. The Conference substitute

provides $2 million in CCC mandatory funds for FY 2019 to carry out section 209 of the

Agricultural Act of 1946, to remain available until expended, but does so within the

existing authority, rather than as a subsection of a Textile Trust Fund. (Section 12102)

(2) National Animal Health Laboratory Network

The House bill addresses funding of the National Animal Health Laboratory

Network (NAHLN) by amending section 10417 of the Animal Health Protection Act and

providing mandatory funding of $30 million for fiscal year 2019, to remain available until

expended. Additionally, the bill provides funding of up to $20 million for each of fiscal

years 2020 through 2023 to carry out the NAHLN, the National Animal Health Vaccine

Bank, or the National Animal Disease Preparedness and Response Program. The bill

further reauthorizes the authorization for appropriations of $15 million for each of fiscal

years 2019-2023, to remain available until expended. The existing authorization of

appropriations for NAHLN in section 10409A(d) is repealed through a conforming

amendment. (Section 11101)

The Senate amendment amends section 10409A(d) to increase the authorization of

appropriations to $30 million per year for fiscal years 2019 through 2023. (Section

12102)

The Conference substitute amends the existing NAHLN authority to establish a

program addressing animal disease prevention and management. It further establishes the

National Animal Disease Preparedness and Response Program (NADPRP) and the

National Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB). The

substitute provides $120 million of mandatory funding for the period of fiscal years

2019-2022, of which $100 million is to be allocated among the NAHLN, the NADPRP

and the NAVVCB. It further provides $30 million of mandatory funding for fiscal year

2023 and each year thereafter, of which $12 million is to be allocated among the

NAHLN, the NADPRP and the NAVVCB. Additionally, the authorization for

appropriations for the NAHLN is increased to $30 million per year for fiscal years 2019-

2023, to remain available until expended. Finally, conforming amendments are made to

the existing authorization for appropriations for NAHLN in section 10409A (Section

12101).

The National Animal Health Laboratory Network (NAHLN) serves to connect

state, federal and university laboratories to coordinate animal disease surveillance and

testing capabilities, and supports the National Veterinary Services Laboratory by

providing early confirmation of animal diseases. During the 2015 outbreak of Highly

Pathogenic Avian Influenza, many disease confirmation tests were conducted by

laboratories operating under the NAHLN, and this rapid confirmation allowed for

depopulation of infected flocks and establishment of safety protocols around infected

farms. These timely actions were made possible by NAHLN laboratories providing early

diagnosis of the disease and were critical in curtailing the outbreak.

The Managers recognize the need for modernization of laboratory testing

capabilities and information technology infrastructure across the NAHLN. Section 12101

of this act provides $120 million of Commodity Credit Corporation funds for the period

of fiscal years 2019-2022, of which $100 million is to be allocated among the NAHLN,

the National Animal Disease Preparedness and Response Program (NADPRP) and the

National Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB). For fiscal

year 2023 and each year thereafter, the Managers provide $30 million of Commodity

Credit Corporation funds, of which $12 million is to be allocated among the NAHLN, the

NADPRP and the NAVVCB. Additionally, the authorization for appropriations for the

NAHLN is increased to $30 million per year for fiscal years 2019-2023.

The Managers intend for the Secretary to make annual assessments on how best to

allocate a portion of the funds provided under Section 12101 in order to address animal

disease preparedness and response needs that may vary from year to year.

(3) National animal disease preparedness, response, and recovery program; national

animal vaccine and veterinary countermeasures bank

The House bill establishes the National Animal Disease Preparedness and

Response Program and the National Animal Health Vaccine Bank, to address the risk of

introduction and spread of animal pests and disease affecting the economic interests of

the U.S. livestock and related industries, including the maintenance and expansion of

export markets. The bill requires that the program be carried out by the Secretary through

cooperative agreements with eligible entities, including a State department of agriculture

or universities. Specific activities that are to be carried out through cooperative

agreements are described in this subsection. Section 10409B further describes program

application processes and priorities, use of funds, and reporting requirements similar to

those provided by the Senate Amendment.

The House bill further establishes the National Animal Health Vaccine Bank for

the benefit of the domestic interests of the United States and to help protect the U.S.

agriculture and food system against terrorist attack, major disaster, and other

emergencies. The bill requires that the Vaccine Bank maintains sufficient quantities of

animal vaccine, antiviral, therapeutic, or diagnostic products to appropriately and rapidly

respond to animal disease outbreaks that would have the most damaging effect on human

health or the economy. The Secretary is instructed to prioritize the acquisition of

sufficient quantities of Foot and Mouth Disease vaccine, and accompanying diagnostic

products, and 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.

The mandatory funding in the House bill includes $30 million for the National

Animal Health Laboratory Network (NAHLN), $70 million for the National Animal

Disease Preparedness and Response Program, and $150 million for the National Animal

Health Vaccine Bank in fiscal year 2019. In each of fiscal years 2020 through 2023, $50

million in mandatory funding is provided to carry out the NAHLN, the National Animal

Disease Preparedness and Response Program, and the National Animal Health Vaccine

Bank, of which not less than $30 million is for the National Animal Disease Preparedness

and Response Program. Additionally, this subsection authorizes appropriations of $15

million for each of fiscal years 2019-2023 to carry out the NAHLN. All funds provided

are to remain available until expended. Finally, section 10417(d) limits the Secretary’s

use of funds for administrative expenses to not more than 4 percent of amounts made

available, limits eligible entities from retaining more than 10 percent of funds received

under an agreement to pay administrative costs, prohibits funds from being used for

construction of new facilities, and directs proceeds from the sale of vaccine or antigen by

the Bank to be credited to an account for the operation of the Bank. (Section 11101)

The Senate amendment establishes a National Animal Disease Preparedness,

Response and Recovery Program under subsection 10409B(a) and a National Animal

Vaccine and Veterinary Countermeasures Bank under subsection 10409B(b). The

National Animal Disease Preparedness, Response and Recovery Program is established

to prevent the introduction into or the dissemination within the United States of any pest

or disease of animals affecting the economic interests of the livestock and related

industries, including the maintenance and expansion of export market potential. The

Secretary shall carry out the program through cooperative agreements with eligible

entities including a State department of agriculture or universities, among others. Similar

to the House Bill, specific activities that are to be carried out through cooperative

agreements are described in this subsection, in addition to including emerging veterinary

countermeasures among the animal health technologies to be enhanced and developed.

The subsection further lays out Program application processes and priorities, use of

funds, and reporting requirements similar to those provided in the House Bill.

Section 10409B(b) establishes a National Animal Vaccine and Veterinary

Countermeasures Bank to benefit the domestic interests of the U.S. The Vaccine and

Veterinary Countermeasures Bank is to maintain a sufficient quantity of animal vaccine,

antiviral, therapeutic products, diagnostic products, and veterinary countermeasures to

appropriately respond to the most damaging animal diseases affecting human health or

the economy, and that will be capable of rapid deployment in the event of an outbreak.

The Secretary is required to prioritize the maintenance of sufficient quantities of foot-

and-mouth disease vaccine and accompanying diagnostic products. Finally, 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.

Section 10409(c) limits the Secretary’s use of funds for administrative expenses

to not more than 4 percent of amounts made available, limits eligible entities from

retaining more than 10 percent of funds received under an agreement to pay

administrative costs, prohibits funds from being used for construction of new facilities,

and directs proceeds from the sale of vaccine or antigen by the Bank to be credited to an

account for the operation of the Bank. Section 10409(d) authorizes such sums as

necessary to be appropriated to carry out the National Animal Disease Preparedness,

Response, and Recovery Program and the National Animal Vaccine and Veterinary

Countermeasures Bank. (Section 12103)

The Conference substitute adopts the House provision with amendment. Section

10403 of the Animal Health Protection Act is amended to establish a new definition for

“veterinary countermeasures”. The Conference substitute further restructures the statute

related to the new authorities.

The National Animal Disease Preparedness and Response Program (NADPRP) is

established under subsection (b) to address the increasing risk of the introduction and

spread within the United States of animal pests and diseases affecting the economic

interests of the livestock and related industries of the United States, including the

maintenance and expansion of export markets. The NADPRP shall be carried out by the

Secretary through cooperative agreements with eligible entities including a State

department of agriculture or universities, among others. Specific activities that are to be

carried out through cooperative agreements are described in this subsection. Further, the

subsection lays out the application processes and priorities, use of funds, and reporting

requirements

The National Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB)

is established under subsection (c) to benefit the domestic interests of the United States.

Through the NAVVCB the Secretary shall maintain sufficient quantities of veterinary

countermeasures to appropriately and rapidly respond to the most damaging animal

diseases, with a priority for Foot and Mouth Disease. As part of such prioritization, the

Secretary may offer to enter into one or more contracts with one or more entities that are

capable of producing foot and mouth disease vaccine and that have surge production

capacity of the vaccine.

Subsection (d) provides $120 million in mandatory funding for the period of fiscal

years 2019-2022, with a minimum of $5 million reserved in each year for the NADPRPP.

For fiscal year 2023 and each year thereafter, $30 million in mandatory funding is

provided, with a minimum of $18 million reserved in each year for the NADPRPP.

Additionally, the authorization of appropriations for NAHLN is increased to $30 million

per year for fiscal years 2019-2023, and an authorization for appropriations is established

for the NADPRP and the NAVVCB for such sums as are necessary for each of fiscal

years 2019-2023. All funds provided are to remain available until expended, and the

funds authorized for appropriation under this paragraph are in addition to any funds

authorized or otherwise made available under section 10417 of the Animal Health

Protection Act. This subsection limits the Secretary’s use of funds for administrative

expenses to not more than 4 percent of amounts made available, limits eligible entities

from retaining more than 10 percent of funds received under an agreement to pay

administrative costs, prohibits funds from being used for construction of new facilities,

and directs proceeds from the sale of vaccine or antigen from the NAVVCB to be

credited to an account for the operation of the NAVVCB.

Subsection (e) describes the authority for the Secretary to enter into cooperative

agreements under this section for fiscal year 2019 through 2023, and this limitation shall

have no impact on cooperative agreements that are established beyond fiscal year 2023

(Section 12101).

In recent years, animal disease outbreaks have posed significant challenges to the

livestock and poultry industries. Various regions of the country and species have been

impacted by disease, and responding to those outbreaks is a costly and complex endeavor

for farmers and ranchers, veterinarians, and state and federal governments. The Managers

recognize the need to enhance our national animal disease preparedness and response

capabilities. Further, the Managers recognize that such enhancement is an endeavor that

the federal government must conduct in coordination with state and local governments,

farmers and ranchers, universities, laboratories and other cooperators.

The Animal Disease Prevention and Management program builds upon the existing

National Animal Health Laboratory Network (NAHLN) and establishes the National

Animal Disease Preparedness and Response Program (NADPRP) and the National

Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB). The existing

NAHLN authority is revised to establish the NADPRP and the NAVVCB, which will

improve how the U.S. protects against, prepares for, and responds to animal and zoonotic

disease outbreaks.

Protecting U.S. agriculture from animal and zoonotic disease threats involves

numerous efforts including improving disease testing capabilities, improving states’

disease response measures including the development and implementation of continuity

of business and secure food supply plans, researching new practices and technologies to

protect livestock and poultry, and stockpiling necessary equipment and drugs to respond

to animal disease outbreaks. The NADPRP will allow for a coordinated effort to be

carried out by the Secretary through cooperative agreements with state governments and

state animal health officials, universities, organizations representing the livestock and

poultry industries, veterinarians and other eligible entities, to consider all of these factors

and needs and establish a coordinated strategy to bolster animal disease protection.

Further, the Managers recognize that animal disease threats evolve and become

increasingly complex, especially zoonotic diseases, and the equipment and drugs

currently at our disposal may be inadequate in responding to the disease threats of the

future. Thus, the Managers instruct the establishment of the NAVVCB, which will allow

for the stockpiling of a variety of equipment and animal drugs needed to respond to

animal disease outbreaks, with a priority for stockpiling vaccine necessary to respond to

an outbreak of Foot and Mouth Disease (FMD). The Managers envision the term

‘veterinary countermeasure’ to mean any biological product (including an animal vaccine

and diagnostic), pharmaceutical product (including an animal therapeutic, antimicrobial,

antiviral and antitoxin), non-pharmaceutical product (including a disinfectant or

pesticide, response equipment and personal protective equipment) or other product or

equipment to prevent, detect, diagnose, contain, control, treat, recover from, or mitigate

harm or damage resulting from (including adverse effects impacting public health or

animal health, the environment, or the economy), animal pests or diseases.

The Managers encourage the Secretary to consider all options for stockpiling

veterinary countermeasures. The funds provided under Section 12101 should be used to

establish the optimal complement of products to address the highest risk strains of FMD

and other diseases of consequence. In considering stockpiling options, the Managers

expect the Secretary to review the procurement process annually to identify potential

efficiencies and improvements, particularly any needed changes to allow for maximum

contract flexibility and product innovation over time. While the Managers expect funding

provided under Section 12101 to significantly enhance the Secretary’s ability to stockpile

vaccine and related products, the Managers understand that greater investment for such

purposes may be desired and warranted in the future. As such, the Managers encourage

the Secretary and interested stakeholders to work together to identify alternative funding

sources to achieve such investment.

Section 12101 of this act provides $120 million of Commodity Credit Corporation

funds for the period of fiscal years 2019-2022, of which $20 million is reserved for the

NADPRP, and $100 million is be allocated among the NAHLN, the NADPRP and the

NAVVCB. For fiscal year 2023 and each year thereafter, the Managers provide $30

million of Commodity Credit Corporation funds, of which $18 million is reserved for the

NADPRP, and $12 million is be allocated among the NAHLN, the NADPRP and the

NAVVCB. Additionally, the authorization of appropriations for NAHLN is increased to

$30 million per year for fiscal years 2019-2023, and an authorization for appropriations is

established for the NADPRP and the NAVVCB for such sums as are necessary for each

of fiscal years 2019-2023.

The Managers expect the Secretary to develop a long range plan to carry out

Section 12101 to identify priorities related to animal disease preparedness and response,

and address those needs by optimizing the capabilities of the NAHLN, the NADPRP, and

the NAVVCB. On an annual basis, the Secretary shall review this plan and determine

how to best allocate the funds provided under Section 12101 in light of changes to animal

disease threat profiles.

(4) Study on livestock dealer statutory trust

The Senate amendment directs the Secretary to conduct a study on the feasibility

of establishing a Livestock Dealer Statutory Trust. The amendment requires the study to

analyze the potential impacts such a trust would have on livestock producers, dealers,

markets, financiers, and others in the livestock sector, specifically with regard to credit

availability. It also requires the Secretary, no later than 540 days after the date of

enactment, to submit to the Agriculture Committees a report describing the findings of

the study. (Section 12104)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with amendment. The

substitute directs additional considerations under the study including: how the

establishment of a livestock dealer statutory trust would affect seller recovery in the event

of a livestock dealer payment default; whether authorizing the Secretary to appoint an

independent trustee under the livestock dealer statutory trust would improve seller

recovery; and how the establishment of a livestock dealer statutory trust would affect the

treatment of sellers of livestock as it relates to preferential transfer in bankruptcy. The

study shall be completed 1 year after the date of enactment of the Act. (Section 12103)

The Managers recognize the burdens felt by unpaid sellers of livestock affected

by livestock dealer default. In response, the Managers instruct the Secretary to conduct a

study of the feasibility of establishing a livestock dealer statutory trust, modeled after the

existing packer statutory trust.

The study shall review recent livestock dealer defaults and consider whether seller

recovery would have been improved in those experiences had a livestock dealer statutory

trust been in place. Further, the study shall review how preferential transfers in

bankruptcy proceedings are impacting unpaid sellers of livestock. Finally, the study shall

review challenges encountered when the Packer trust has been employed, and whether

any changes should be considered to improve effectiveness of a potential livestock dealer

statutory trust. Such improvements may include allowing the appointment of an

independent trustee and encouraging greater communication and data sharing between

the Secretary and unpaid sellers of livestock when a dealer statutory trust is employed.

The study should also include an assessment of the cost and benefits of establishing a

dealer statutory trust and the Department’s ability to implement and oversee such a trust.

In conducting the study, the Managers expect the Secretary to utilize the expertise of the

Packers and Stockyards Division of the Agricultural Marketing Service and to engage

with and solicit input from industry stakeholders that would be subject to a dealer

statutory trust.

(5) Definition of livestock

The Senate amendment amends the Emergency Livestock Feed Assistance Act of

1988 to specifically include alpacas, llamas, live fish, and crawfish in the definition for

livestock, and remove the Secretarial designation requirement regarding other animals

that are part of a foundation herd or purchased as part of a normal operation. (Section

12105)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12104)

(6) National aquatic animal health plan

The House bill extends the authorization of appropriations through FY 2023.

(Section 11102)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendment repealing

the authorization for appropriations. (Section 12105)

(7) Veterinary training

The House bill amends section 10504 of the 2002 Farm Bill to include, in all

regions of the United States, veterinary teams, including those based at colleges of

veterinary medicine, capable of providing effective services before, during, and after

emergencies. (Section 11103)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 12106)

(8) Report on FSIS guidance and outreach to small meat processors

The House bill requires the USDA Inspector General, not later than 1 year after

the date of the enactment of this Act, to conduct a study on the effectiveness of existing

FSIS guidance materials and other tools used by small and very small establishments, as

defined by FSIS regulations, and provide recommendations on measures the Food Safety

and Inspection Service (FSIS) should take to improve regulatory clarity and consistency.

(Section 11104)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with amendment. The

substitute directs the Secretary to enter into contract with a land-grant college or

university or a non-land-grant college of agriculture to review the effectiveness of

existing FSIS guidance materials used by small and very small establishments operating

under Federal inspection and provide recommendations on measures FSIS should take to

improve regulatory clarity and consistency. (Section 12107)

The Conference Substitute requires a report considering the effectiveness of

USDA outreach to small meat processors operating under federal inspection. The

Secretary shall contract with a land-grant college or university or a NLGCA with

expertise in food safety and inspection to conduct the report. In conducting outreach to

develop the report, the college or university shall consult with the USDA Food Safety

Inspection Service Evaluation Working Group. The report shall be provided to the House

Committee on Agriculture and the Senate Committee on Agriculture, Nutrition and

Forestry.

(9) Regional cattle and carcass grading correlation and training centers

The House bill requires the Secretary to establish up to three regional centers to be

known as “Cattle and Carcass Grading Correlation and Training Centers” to: (1) provide

education and training for cattle and carcass beef graders of AMS, cattle producers, and

other professionals involved in the reporting, delivery, and grading of feeder cattle, live

cattle, and carcasses for the purpose of limiting the subjectivity in the application of beef

grading standards; (2) provide producers with greater confidence in the price of the

producers’ cattle; (3) provide investors with both long and short positions more assurance

in the cattle delivery system; and (4) coordinate USDA and state and local resources. The

House bill also requires that no funds are to be used for construction of any new facilities.

(Section 11105)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 12108)

(10) Repeal of office of homeland security

The Senate amendment repeals the Office of Homeland Security created in the

2008 Food, Conservation, and Energy Act. (Section 12201)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 12201)

The Senate amendment moves the authorization of the Office of Homeland

Security (the Office) from the Food, Conservation, and Energy Act of 2008 (7 USC

8911) to subtitle A of the Department of Agriculture Reorganization Act of 1994 with

updated authorities. The Managers do not intend for the Office to physically close and

reopen.

(11) Office of homeland security

The Senate amendment establishes an Office of Homeland Security and

authorizes an Agriculture and Food Threat Awareness Partnership Program. (Section

12202)

The House bill contains no comparable provision.

The Conference substitute adopts Senate amendment with minor technical

modification. (Section 12202)

Managers expect the Executive Director of the Office to serve as the principal

advisor to the Secretary on homeland security, including emergency management and

agriculture and food defense, and to coordinate activities of the Department related to

homeland security and emergency response. The Office is expected to proactively engage

USDA’s agencies with critical missions important to homeland security, as well as to

engage and assert the USDA roles, responsibilities, and needs within interagency

discussions, including those with the Executive Office of the President and the

intelligence community agencies.

(12) Agriculture and food defense

The Senate amendment: (1) provides several definitions; (2) requires the

Secretary to develop, in collaboration with appropriate Federal, State, regional, and local

officials, a comprehensive strategic response plan or plans, as appropriate, for certain

diseases or pests of concern; (3) requires the Secretary to provide information to a State

or regional authority to assist in developing a comprehensive strategic response plan or

plans that shall include several factors such as concepts of operations for each disease of

concern and describing decision matrixes, roles, and interactions for each level of

government and industry; (4) authorizes the National Plant Diagnostic Network (NPDN),

headed by the Director of the National Institute of Food and Agriculture in partnership

with the Animal and Plant Health Inspection Service (APHIS) to provide passive

surveillance and early identification of plant diseases and pests; and (5) establishes the

National Plant Disease Recovery System (NPDRS) to focus on and plan for long term

recovery from high-consequence plant transboundary disease and directs the NPDRS to

coordinate diseases of concern response planning and develop research plans for recovery

through the identification and use of novel resistant genetic material to stabilize and

improve crops in the face of potential plant disease pressure. (Section 12203)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification that

State plans include a concept of operations, and address, as appropriate, the requirements

in the Senate amendment. (Section 12203)

The Senate amendment establishes strategic response planning for plant and

animal diseases and pests of particular concern at the national level, as well as support for

State, or States, interested in more detailed response planning adapted to the individual

needs of that State, or States. The Managers understand a response plan designed to the

detail of a concept of operations cannot totally anticipate real events and that there is not

a response plan that will remain totally effective for long after an initial disease or pest

detection is made during a real event. Every situation or emergency is different.

Adjustments to the response will need to be made to accommodate a situation in real

time. Nevertheless, developing a response plan to the detail of a concept of operations is

an important preparedness step to establish and maintain a state of readiness. A concept

of operations should outline the process to be followed in implementing a response and

should define the roles of the stakeholders involved throughout the process. It has been

demonstrated repeatedly by law enforcement, emergency response, and defense planners

that exercised plans, even when the plan is divergent from an actual event, provide value

and improve a response participant’s ability to react and adapt, increasing the success of

containing and managing a real threat or event. Establishing key performance metrics for

a response will be paramount for consistent evaluation and to accomplish ongoing

improvement of a response plan. Therefore the Managers expect the response planning

developed for plant and animal diseases and pests of concern to provide for

benchmarking of performance in order to measure and make positive change or to

maintain an expected standard.

(13) Biological agents and toxins list

The Senate amendment amends the underlying law by adding a new consideration

for selecting a pathogenic biological agent to be added to the list of biological agents and

toxins. (Section 12204)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment with a modification

regarding its considerations for inclusion on the list. (Section 12204)

The Mangers expect that when a biological agent is examined for inclusion on the

Biological Agents and Select Toxins List that consideration is given to the potential

impact on performance of research on the causative agent of the disease.

(14) Authorization of appropriations

The Senate amendment authorizes appropriations of $5 million for each of fiscal

years 2019 through 2023. (Section 12205)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate amendment. (Section 12205)

The Managers note that several of the functions directed in this subtitle already

receive funding through other authorizations of appropriations and other sources, such as

funding directed towards OHSEC, APHIS, ARS and NIFA for activities in this subtitle

currently carried out by those entities. The Managers support those authorizations of

funding and appropriations and expect them to continue. The Managers expect the

authorizations in this section will be weighted towards new responsibilities authorized in

this subtitle and intend this authorization to supplement, not supplant those other sources.

(15) Farming opportunities training and outreach

The House bill amends section 7405 of the Farm Security and Rural Investment

Act of 2002 to: (1) prioritize grants for agricultural education for youth for agricultural

employment and volunteer opportunities, and for projects that demonstrate experience in

providing such education and opportunities for socially disadvantaged youth; (2)

authorize the Secretary to waive the matching requirement to effectively reach an

underserved area or population; (3) include retiring farmers and non-farming landowners,

and adds authority for training and technical assistance, as well as education programs

and workshops; and (4) reauthorize $10 million in mandatory spending each year for

FY2019-2023 and reauthorizes appropriations of $20 million each for FY2019-2023 for

the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers program,

also known was the 2501 Program. The House bill amends section 2501(a)(4) of the

Food Agriculture, Conservation, and Trade Act of 1990 to include priority for grants,

contracts, and other agreements for projects that deliver agricultural education to youth in

underserved communities, and reauthorizes $20 million in mandatory spending and $30

million in discretionary appropriations for FY2019-2023 for Beginning Farmer and

Rancher Development Program. (Sections 7507 & 11201)

The Senate amendment repeals section 7405 of the Farm Security and Rural

Investment Act of 2002 and inserts this section into Section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 under the newly established “Farming

Opportunities Training and Outreach.” The Senate amendment: (1)authorizes the

Secretary to encourage and assist socially disadvantaged, veteran, and beginning farmers

and ranchers through education and training and equitable participation in agricultural

programs; (2) moves the definition of beginning farmer and authorizes the equivalent of

existing Beginning Farmer and Rancher Development grant program with a few

differences including that the Secretary should act through the Director of the National

Institute of Food and Agriculture in carrying out the grant program, providing that the

grants can be used to assist beginning farmers and ranchers in acquiring land from

retiring farmers and ranchers, and for food safety and recordkeeping; (3) requires a

simplified application process for grants under $50,000; (4) provides $50 million in

mandatory funding in fiscal year 2018 and each year thereafter and authorizes $50

million a year in appropriations for FY2018-2023, reserved equally between Beginning

Farmer and Rancher Development Grant Program and the authority under subsection (c)

(socially disadvantaged and veteran farmers and ranchers); (5) authorizes same 5 percent

set-asides as in current law from beginning farmer program; (6) requires that 5 percent of

funds allocated to the Socially Disadvantaged Farmer Research and Policy Center go to

limited resource and socially disadvantaged farmers and ranchers, and farmworkers; (7)

requires that 5 percent of projects awarded through education teams and curriculum

development go towards veterans; (8) places a 5 percent cap on administrative expenses;

(9) limits indirect costs to 10%; and (10) the Secretary should act through the Director of

the National Institute of Food and Agriculture in carrying out the Beginning Farmer and

Rancher Development grant program. The Senate amendment requires that grants for

socially disadvantaged farmers and ranchers are for a term no longer than 3 years and in

an amount no more than $250,000 for each year of the grant; and requires the Secretary

to give priority in awarding grants to nongovernmental and community based

organizations with expertise in working with socially disadvantaged, or veteran, farmers

and ranchers. (Section 12301)

The conference substitute adopts the Senate provision with an amendment that

authorizes the Secretary to waive the matching requirement in the Beginning Farmer and

Rancher Development program of the Farming Opportunities Training Outreach program

to effectively reach an underserved area or population; requires a simplified application

process for all grants under $50,000; provides $30 million in mandatory funding in fiscal

years 2019 and 2020, $35 million in fiscal year 2021, $40 million for fiscal year 2022,

and $50 million for fiscal year 2023 and each year thereafter and authorizes $50 million a

year in appropriations for FY 2019-2023, reserved equally between Beginning Farmer

and Rancher Development Grant Program and the authority under subsection (c) (socially

disadvantaged and veterans). (Section 12301)

The Managers recognize the increasing demand for programming for beginning

and socially disadvantaged farmers, so the Conference agreement includes $435 million

in mandatory funding for the Farming Opportunities Training Outreach program, which

combines the Beginning Farmer and Rancher Development Program and the Outreach

Program for Socially Disadvantaged Farmers and Veterans. The Managers have provided

permanent funding for this program to ensure that the program has baseline funding

hereafter. The Managers also intend that the Secretary will continue to administer the

Beginning Farmer and Rancher Development Program through the National Institute of

Food and Agriculture and that the Outreach Program for Socially Disadvantaged Farmers

and Veterans be administered through the Office of Partnerships and Public Engagement.

(16) Urban agriculture

The Senate amendment adds a new section 222 in the Department of Agriculture

Reorganization Act of 1994 to: (1) establish an Office and Director of Urban Agriculture

and Innovative Production to encourage and promote urban, indoor, and other emerging

agricultural production practices; (2) establish an Urban Agriculture and Innovative

Production Advisory Committee; (3) provide for the assignment of a farm number for

rooftop, indoor, and other urban farms; (4) provide authority to award competitive grants

to operate community gardens or nonprofit farms, educate a community on food systems,

nutrition, environmental impacts, and agricultural production, and help offset start-up

costs for new and beginning farmers; (5) establish pilot projects to increase compost and

reduce food waste, and create urban and suburban county committees; and (6) authorize

appropriations of $25 million a year. (Section 12302)

The House bill does not contain a comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

adjusts the Director’s responsibilities, reduces the committee to 12 members, amends the

reporting requirement, removes provision relating to the assignment of farm numbers,

removes community organizations and institutions of higher learning from consideration

for grants, removes funding priority provision, and limits authorization of appropriations

to fiscal years 2019 through 2023. (Section 12302)

The Managers recognize that urban agriculture and innovative production

methods like indoor and rooftop farming create new economic opportunities in urban,

suburban, and rural communities. The Managers acknowledge that urban agriculture and

innovative production methods also increase access to food in low-income communities

and improve availability of fresh products throughout the entire year, and recognize that

these agricultural opportunities help build a new generation of farmers.

The Managers intend that the Office of Urban Agriculture and Innovative Production be

responsible for policy and program development, as well as interagency collaboration,

and provide customer service to external stakeholders on issues pertaining to urban

agriculture and innovative production. The Managers direct the Secretary to update Farm

Service Agency procedures that allow for assignment of farm numbers (as defined in

section 718.2 of title 7, Code of Federal Regulations) to include rooftop farms, indoor

farms, and other urban farms.

The Managers direct that individual grants awarded through the Office of Urban

Agriculture and Innovative Production serve multiple farmers or gardeners for the

purposes of community service, education, farm incubation, or making a profit. The

Managers encourage the Secretary to use these grants to assist with costs related to

agricultural production including but not limited to land acquisition, equipment, utilities,

seeds and plants, supplies, basic transportation, and farm cooperative development. The

Managers expect the Secretary to establish criteria and guidelines to meet the suggested

purposes of the grant program.

The Managers recognize composting is not the only available technology for food

waste recovery. It is the Managers’ intent that any pilot project under this section does

not adversely impact existing commercial relationships of other food waste recovery

efforts, including those of commercial renderers who collect and process animal and food

waste from commercial and farm sources. It is the Manager’s intent that activities

occurring through pilot projects selected under this paragraph shall take into

consideration the most-preferred food waste recovery activities as described in the Food

Recovery Hierarchy of the Environmental Protection Agency (as of the date of enactment

or any successor guidance or outreach materials).

(17) Office of advocacy and outreach

The House bill amends section 226B of the Department of Agriculture

Reorganization Act of 1994 to: (1) change the name of the office to the “Office of

Partnerships and Public Engagement”, and makes applicable conforming amendments;

(2) extend outreach to limited resource producers, veteran farmers and ranchers, and

Tribal farmers and ranchers, and promotes outreach specifically to youth; (3) expand the

duties of the office to include veteran farmers and ranchers and Tribal farmers and

ranchers; (4) expand the Office’s monitoring of goals and objectives to veteran farmers

and ranchers and Tribal farmers and ranchers; (5) expand the Office’s measuring of

outcomes to veteran farmers and ranchers and Tribal farmers and ranchers; and (6)

reauthorize appropriations at existing levels through FY2023. (Section 11203)

The Senate amendment reauthorizes appropriations at existing levels through

FY2023. (Section 12303)

The Conference substitute adopts the House provision with an amendment that

does not separately define Tribal farmers and ranchers aside from the definition of

socially disadvantaged farmers and ranchers, which includes tribal farmers and ranchers.

(Section 12406)

The Managers acknowledge that it is important for the Office of Partnerships and

Public Engagement (OPPE) to improve access to USDA programs for tribal farmers and

ranchers and direct this office to conduct these outreach efforts. Tribal farmers and

ranchers are already included in the definition of a socially disadvantaged farmer and

rancher, so the conferees did not adopt the addition of tribal farmers and ranchers from

the House bill.

The Managers recognize that the Office of Tribal Relations (OTR) is an important

function of USDA and should be within the Office of the Secretary. The Director of OTR

serves as USDA’s primary point of contact for consultation and coordination with Tribal

Governments and should continue to directly advise the Secretary on tribal issues and

policies. The Managers agree that OTR should coordinate with OPPE to provide outreach

and assistance to tribes and tribal farmers and ranchers to improve access to USDA

programs and resources.

(18) Tribal advisory committee

The House bill amends section 309 of the Federal Crop Insurance Reform and

Department of Agriculture Reorganization Act of 1994 to transfer the Office of Tribal

Relations into the newly established Office of Partnerships and Public Engagement.

(Section 11204)

The Senate amendment amends section 309 of the Department of Agriculture

Reorganization Act of 1994 to establish the USDA Tribal Advisory Committee to advise

the Secretary on tribal agricultural topics and annually report recommendations to the

Secretary. (Section 12304)

The Conference substitute adopts the Senate provision with an amendment

altering the manner in which the membership of the committee is established. (Section

12303)

(19) Youth outreach and beginning farmer coordination

The House bill amends the Department of Agriculture Reorganization Act of

1994 by inserting after section 220 a new section 221 to: (1) establish the position of

Agricultural Youth Coordinator to promote the role of youth-serving organizations and

school-based agricultural education; (2) direct the Coordinator to identify short-term and

long-term interests of the Department; (3) direct the Coordinator to assist “young

farmers”; (4) direct “particular emphasis on beginning farmer and rancher programs”; (5)

outline contracts and cooperative agreements the Coordinator may engage in with land-

grant universities, research centers of the Agricultural Research Service, and nonprofit

organizations; and (6) with regard to contracts and cooperative agreements (Section

221(c)(1)), include “the conduct of regional research on the profitability of small farms.”

(Section 11206)

The Senate amendment amends the Farm Security and Rural Investment Act of

2002 by inserting after section 7404 a new 7405 to: (1) establish an Agricultural Youth

Coordinator to promote and coordinate outreach through the use of contracts and

cooperative agreements; (2) authorize the Agricultural Youth Coordinator to use

contracts for youth education; (3) direct assistance to “youth involved in food and

agriculture organizations”; and (4) list areas of emphasis including: beginning farmer and

rancher programs, agriculture education, nutrition education science, technology,

engineering, and mathematics education, and other food and agriculture programs for

youth. (Section 12306)

The Conference substitute adopts the House provision with an amendment that

exchanges the term "young farmers" for "youth." (Section 12305)

The Managers recognize the importance of involving youth in farming and

ranching through programs like 4-H, FFA, and Farm to School. The Managers intend for

the Agricultural Youth Organization Coordinator to promote youth-serving organizations

and school-based agricultural education, serve as a resource for assisting youth

organizations in agriculture in applying for participation in agricultural programs, and

advocate on behalf of youth organizations in agriculture in interactions with employees of

the Department.

(20) State beginning farmer and rancher coordination

The House bill amends section 226 of the Department of Agriculture

Reorganization Act of 1994 to direct the Secretary, through the FSA, to designate one

employee, who receives sufficient training, from among employees of FSA, NRCS,

RMA, RBCS or RUS, in each state as the State Beginning Farmer and Rancher

Coordinator responsible for developing a State plan to coordinate outreach and technical

assistance in county and area Department offices. (Section 11202)

The Senate amendment amends the Farm Security and Rural Investment Act of

2002 by inserting after section 7404 a new 7405 to: establish a National Beginning

Farmer and Rancher Coordinator to provide outreach and technical assistance to help

beginning farmers and ranchers participate in Department programs. The Senate

provision for directing the Secretary is the same as contained in the House bill, but Senate

language does not require the Secretary to work through the FSA. (Section 12306)

The Conference substitute adopts the Senate provision with an amendment that

adopts the definition of "beginning farmer or rancher" as defined in section 2501(a) of the

Food, Agriculture, Conservation, and Trade Act of 1990. (Section 12304)

The Managers recognize that America’s farmers and ranchers are aging while, at

the same time, aspiring and beginning farmers face challenges in establishing successful

operations. The Managers intend for the National Beginning Farmer and Rancher

Coordinator and the associated State Coordinators to assist new and beginning farmers

and ranchers with technical assistance and make them aware of USDA programs.

(21) Availability of department of agriculture programs for veteran farmers and ranchers

The Senate amendment: (1) amends the definition of veteran as any individual

who has obtained veteran status within the previous 10 years, as defined in section 2501

of the Food, Agriculture, Conservation, and Trade Act of 1990; (2) extends benefits to

veterans including Farm Service Agency down payment loans, reduced interest rates on

guaranteed loans, increased coverage under Emergency Assistance for Livestock, Honey

Bees, and Farm-raised Fish, reduced premiums and fees for the Noninsured Crop Disaster

Assistance Program, and increased educational focus from the Food Safety Outreach

Program and the Federal Crop Insurance Education Program; and (3) amends the

definition of veteran, for the purpose of Risk Management Agency programs, as any

individual who has gained veteran status within the previous 5 years and extends to

veterans eligibility for increased premium subsidy, lower administrative fees, and

assistance in establishing baseline yields. (Section 12307)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12306)

The Managers encourage the Department to expand support to new veteran

farmers and have therefore made veterans eligible for additional farm program priorities

and discounts. The Conference Substitute also changes the definition of a veteran farmer

to include all new veterans who are farmers.

(22) Office of congressional relations and intergovernmental affairs

The Senate amendment amends section 218 of the Department of Agriculture

Reorganization Act of 1994 to rename the Assistant Secretary of Congressional Relations

as the Assistant Secretary of Congressional Relations and Intergovernmental Affairs and

allows for the succession of the current Senate confirmed Assistant Secretary into the

newly titled role. (Section 12401)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12401)

(23) Military veterans agricultural liaison

The Senate amendment amends section 219 of the Department of Agriculture

Reorganization Act of 1994 to improve coordination between USDA and other federal

agencies to assist in providing information to veterans about agricultural vocational and

rehabilitation programs and directs the Military Veterans Liaison to report collected

information annually and publish it on a dedicated website. (Section 12402)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12402)

The Managers intend for the website authorized under this section to improve

coordination between USDA and other federal agencies to assist in providing information

to veterans about agricultural programs. The Managers recognize that improving

communication channels between USDA officials and veterans will ensure that USDA is

better able to assist veterans who are looking to return home and start a new career in

agriculture.

(24) Civil rights analysis

The Senate amendment amends the Department of Agriculture Reorganization

Act of 1994 by inserting after section 222 a new section 223 that requires the Secretary to

conduct a civil rights analysis of certain actions of USDA, allows the Assistant Secretary

of Civil Rights to grant, on a case-by-case basis, an expedited civil rights analysis or a

waiver of the civil rights analysis, and requires the Comptroller General of the United

States to conduct a study of various actions and efforts of USDA concerning civil rights.

(Section 12403)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

requires the Department to conduct civil rights impact analyses in accordance with the

Department’s current policy, Departmental Regulation 4300-004, issued by USDA on

October 16, 2016. (Section 12403)

The Managers recognize the history of discriminatory actions at the Department

and want to ensure that the Department is in compliance with civil rights requirements.

The conference report thus adopts two provisions, a civil rights impact analysis, and a

Comptroller General report.

First, the Managers recognize the importance of evaluating the potential

discriminatory effects of certain actions, policies, or decisions under consideration by the

Department of Agriculture and therefore require the Secretary to conduct civil rights

impact analyses in accordance with Departmental Regulation 4300-004, as in effect on

October 17, 2016, the Department's current policy.

The Managers understand that any proposed action or policy could have

unintended adverse or disproportionate impacts on employees, applicants, contractors, or

beneficiaries of the Department based on their membership in a group that is protected

from discrimination under Federal law. The Managers therefore intend for the Secretary

to use the civil rights impact analyses as an opportunity to proactively identify these

impacts and, if applicable, implement changes to the proposed activity to ensure the

Department’s actions and policies do not have a negative civil rights impact.

Second, the conference report also requires the Comptroller General to conduct a study

describing the effectiveness of the Department in processing and resolving civil rights

complaints, minority participation rates in farm programs, the implications of the

realignment of civil rights functions of the Department, and the Department’s efforts to

identify and reduce the incidence of civil rights violations.

(25) Farm service agency

The Senate amendment provides conforming technical corrections related to

administrative reorganization actions, renaming the Consolidated Farm Service Agency

as the Farm Service Agency. (Section 12404)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12404)

(26) Under Secretary of agriculture for farm production and conservation

The House bill changes references to the former Under Secretary of Agriculture

for Farm and Foreign Agricultural Services in various laws to either the Under Secretary

of Agriculture for Production and Conservation or the Under Secretary for Trade and

Foreign Agricultural Affairs, and amends references to the Under Secretary for Rural

Development in the Agricultural Act of 1961, the Agricultural Marketing Act of 1946,

the Native American Business Development, Trade Promotion, and Tourism Act of 2000,

and the Rehabilitation Act of 1973 by inserting “or other official designated by the

Secretary”. (Section 11601)

The Senate amendment provides conforming technical corrections related to

previously carried out administrative reorganization actions including the creation of the

FPAC mission area, and the creation of the Under Secretary of Agriculture for Trade and

Foreign Agricultural Affairs. (Section 12405)

The Conference substitute adopts the Senate provision. (Section 12405)

(27) Under Secretary of agriculture for rural development

The Senate amendment directs the Secretary to establish the position of Under

Secretary of Agriculture for Rural Development as a permanent, mandatory position.

(Section 12406)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12407)

Section 12407 requires the Department to reestablish the position of Under

Secretary for Rural Development, a position formerly established in the Department. The

Managers intend for this position to be a permanent, mandatory position and not subject

to any administrative reorganizations.

The Managers recognize that Rural Development’s more than $222 billion dollar

financial portfolio leverages significant investments throughout rural America, serving as

an important source of capital for underserved communities, and provides essential

technical assistance and supports families, farmers, ranchers, and businesses across

America.

(28) Administrator of the rural utilities service

The Senate amendment allows the Administrator of the Rural Utilities Service to

be paid a salary consistent with other administrators in the Department’s Rural

Development mission area. (Section 12407)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

properly aligns the provision with Title 5, and removes unnecessary conforming

amendments. (Section 12408)

(29) Rural health liaison

The Senate amendment establishes a Rural Health Liaison to coordinate the

Department’s role in rural health with other Federal agencies and improve

communication to and coordination with stakeholders. (Section 12408)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

changing the "Interagency Task Force on Agriculture and Rural Prosperity" to the

"Council on Rural Community Innovation and Economic Development." (Section 12409)

(30) Natural resources conservation services

The Senate amendment requires the Secretary to provide a 60-day notice to the

House and Senate Agriculture Committees before closing an office of the Natural

Resources Conservation Service (NRCS) or relocating personnel employed within NRCS

or the Rural Development mission area, and provides conforming technical amendments

to applicable statutes related to previously carried out administrative reorganization

actions including the creation of the FPAC mission area. (Section 12410)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

reducing the "60 day" notice to "30 days", and terminating the authority for this provision

on September 30, 2023. (Section 12410)

(31) Office of the chief scientist

The Senate amendment amends section 251 of the Department of Agriculture

Reorganization Act of 1994 to update the name of the Research, Education, and

Extension Office to the “Office of the Chief Scientist,” change the term of service for

Division Chiefs, and provide conforming technical corrections to the Department of

Agriculture Reorganization Act of 1994 related to the creation of the Under Secretary for

Trade and Foreign Agricultural Affairs created in the 2014 Farm Bill. (Section 12411)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12411)

(32) Trade and foreign agricultural affairs

The Senate amendment provides conforming technical corrections to the

Department of Agriculture Reorganization Act of 1994 related to the creation of the

Under Secretary for Trade and Foreign Agricultural Affairs in the 2014 Farm Bill.

(Section 12412)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12413)

(33) Repeals

The Senate amendment repeals outdated authorities pursuant to the Department of

Agriculture Reorganization Act of 1994, repeals Section 3208 of the Agricultural Act of

2014, and corrects prior statutory drafting errors amending Department of Agriculture

Reorganization Act of 1994. (Section 12413)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

absorbing modified rule of construction language from the Effect of Subtitle provision.

(Section 12414)

(34) Technical corrections

The Senate amendment corrects prior statutory drafting errors amending the

Department of Agriculture Reorganization Act of 1994. (Section 12414)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12415)

(35) Effect of subtitle

The Senate amendment allows the technical amendments in Sections 12408 and

12414 to be effective retroactively. (Section 12415)

The House bill has no comparable provision.

The Conference substitute does not adopt the Senate provision and instead

incorporates amended language in the Section 12414.

(36) Termination of authority

The House bill amends the Department of Agriculture Reorganization Act of

1994 to provide that the Secretary has the authority to carry out amendments made to that

Act by Section 772 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act of 2018 and the Federal

Agriculture Improvement Act of 2018. (Section 11602)

The Senate provision amends the Department of Agriculture Reorganization Act

of 1994 to allow the Secretary to carry out the amendments made to that Act by the

Federal Agriculture Improvement Act of 2018. (Section 12416)

The Conference substitute adopts the House provision as amended by the Senate

amendment. (Section 12416)

(37) ACER access and development program

The Senate amendment reauthorizes ACER Access and Development Program to

make competitive grants to promote the domestic maple syrup industry and extends the

authority for appropriations through FY 2023. (Section 12501)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12501)

(38) Pet and Women Safety

The Senate amendment: (1) amends various sections of the U.S. criminal code to

enact provisions regarding crimes targeting the pets of abuse victims, including Section

2261A of title 18 USC (crimes pertaining to interstate stalking) and Section 2262 of title

18 USC (crimes pertaining to interstate violation of protection orders); (2) amends

section 2264 of title 18 USC (pertaining to court-ordered restitution for offenses) to

include veterinary services relating to physical care for the victim’s pet; (3) amends

Section 2266 of title 18 USC (definitions) to establish a definition for pets; (4) directs the

Secretary of Agriculture, in coordination with DOJ, HUD, and HHS, to award grants to

eligible entities to carry out programs (emergency and transitional shelter and housing

assistance) to provide assistance, which shall be provided for a period of not more than

24 months, with the option to extend for an additional 6 months, to victims of domestic

violence and their pets, which includes construction or operating expenses of newly

developed or existing emergency and transitional shelter and housing for domestic

violence victims with pets, temporary boarding expenses of pets, and expenses for pet-

related services such as transportation and veterinary care; (5) requires participating

entities, not later than 1 year after receiving grants under this subsection and each year

thereafter, to submit to the Secretary a report that contains details of assistance provided

and program participants, and requires an annual compilation report be submitted to

Congress; and (6) authorizes appropriations for $3 million a year for FY2019-2023 for a

grant program to provide emergency and transitional housing assistance for victims of

domestic violence and their pets. (Section 12503)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment to

rename the provision “Protecting Animals with Shelter” and to authorize the Secretary to

enter into a memorandum of understanding with the head of other relevant departments to

facilitate the grant program to assist victims of domestic violence and their pets, and

clarify the definition of pet to include certain companion animals, while also providing

protections for other animals such as horses, service animals, and emotional support

animals. (Section 12502)

The Managers recognize that victims of domestic violence often may be reluctant

to leave an abusive relationship out of fear for the safety and welfare of their companion

animals. Animal friendly housing can be difficult to secure, and the costs entailed with

animal housing can factor into victims’ decisions to leave abusive relationships.

Section 12502 authorizes appropriations for $3 million for each of fiscal years 2019

through 2023 to establish a grant program to provide emergency and transitional housing

assistance for domestic violence victims with pets. The Secretary of Agriculture may

enter into a memorandum of understanding with another Department or Agency to

administer the grants under this section. The conference substitute clarifies the definition

of pet to include certain companion animals, while also providing protections for other

animals such as horses, service animals, and emotional support animals. Further, this

section expands federal domestic violence and stalking protections to include crimes

targeting pets, horses, service animals and emotional support animals.

(39) Data on conservation practices

The Senate amendment: (1) creates a secure data collection system through which

the Department, pursuant to established privacy and confidentiality protocols; (2) allows

for analysis and review of data from various agencies regarding the impact of covered

conservation practices on crop yields, soil health, and farm and ranch profitability; (3)

establishes protocols and procedures to allow for the collection of data from existing

Departmental databases and for the voluntary submission of data from producers; (4)

establishes a data warehouse to contain the data collected under this section that can be

accessed by an academic institution or researcher; and (5) requires the Risk Management

Agency to work with other agencies to conduct research and analyze how yield

variability and risk are impacted by certain conservation practices. (Section 12504)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

reconfigures the provision to function as a report generated by the Secretary after the

identification of available Departmental data on conservation practices and the effect of

such practices on farm and ranch profitability including effects relating to crop yields,

soil health. The report generated by the Secretary will summarize the data and the steps

the Secretary will have to take to provide access to the data to university researchers,

including technical, privacy or administrative considerations, the safeguards linked to

providing access to data, appropriate procedures to maximize research benefits, and

recommendations relating to Federal authorizations needed to allow access to data.

(Section 12618)

In order to increase the knowledge of how conservation practices or suites of

conservation practices may affect crop yields, soil health, and other risk-related factors,

the Managers intend for USDA to identify a compilation of the available data sets within

the Department, including the potential use of databases created in this act under Section

1240H (d) of the Environmental Quality Incentives’ Conservation Innovation Grants

(CIG) and the Conservation Effects Assessment Project (CEAP) or the database under the

Acreage Crop Reporting Streamlining Initiative (ACRSI).

During the internal review of the data sets held by USDA, the Managers

encourage the Secretary to also include any other ongoing initiatives of a similar nature

inside and outside of the Federal government and consider any steps needed to expand or

improve the collection of existing data to benefit the usefulness for research and analysis.

The Managers also encourage the Secretary to keep in mind the potential to integrate

elements of activities encouraged under this section and other data-related initiatives,

such as ACRSI, in order to avoid duplication. Nothing in this section is intended to

replace or interfere with existing efforts and the Managers intend for such efforts as the

conservation modeling under CEAP or the collaboration between the Natural Resources

Conservation Service and the Risk Management Agency on existing or future

collaborative research on soil types, cover crops or other management practices to

continue. The Managers expect any review or analysis of any personally identifiable

information or data set in this section to adhere and uphold to the maximum extent

Department and agency privacy and confidentiality protocols that are in place. The

Managers intend for limited access to apply to a narrow group of other researchers, such

as those in academia. However, the Managers do not intend to provide controlled access

under this authority to others directly or indirectly outside of the Federal government,

such as non-governmental organizations.

(40) Marketing orders

The House bill adds “pecans” to the list of commodities. (Section 9202)

The Senate amendment adds “pecans” and “cherries” to the list of commodities.

(Section 12505)

The Conference substitute adopts the Senate provision. (Section 12503)

The Managers intend that the term “cherries” includes all processed tart or sour

cherries, including frozen and dried cherries (with or without added sweetener), cherry

juice (concentrate or single strength), and canned cherries.

(41) Study on food waste

The Senate amendment directs the Secretary to conduct a study to evaluate and

determine methods of measuring food waste, factors creating food waste, particularly of

fresh food products, and whether USDA programs disrupt existing food waste recovery

and disposal by commercial, marketing, or business relationships and instructs the

Secretary to issue an initial and an annual report. (Section 12506)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision into an amended section

wherein the newly created Food Loss and Waste Reduction Liaison will conduct the

study on food waste and issue an initial report and additional report relating to data

collected on food waste, and efforts to reduce and prevent such waste. (Section 12504)

(42) Establishment of food loss and waste reduction liaison

The House bill authorizes USDA to 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, provide information and resources, and raise

awareness of the liability protections for donated foods. (Section 11607)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

directing the Secretary to conduct a food waste study, in consultation with the Food Loss

and Waste Reduction Liaison, who will issue an initial report and additional report

relating to data collected on food waste and efforts to reduce and prevent such waste.

(Section 12504)

The Managers intend for the results of the Study on Food Waste to inform the

development of best practices for food loss and waste reduction and food recovery efforts

carried out under this section. The Managers encourage the Food Loss and Waste

Reduction Liaison to continue to monitor and review the volume of food wasted and the

results of the food waste reduction and loss prevention activities carried out by the

Department subsequent to the submission of the report under subsection (e)(2).

(43) Report on business centers

The Senate amendment requires GAO to issue a report evaluating each USDA

business center. Further, the amendment requires that the report examine the

effectiveness of the Department’s business centers, impacts on budgets and personnel,

and recommendations to improve the operation and function of those business centers.

(Section 12507)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12505)

(44) Information technology modernization

The Senate amendment requires GAO to issue reports evaluating the

Department’s information technology modernization efforts, and outlines the initial

report, the updates, and the comprehensive reports to be issued. (Section 12508)

The House bill contains no comparable provision.

The Conference substitute does not adopt the Senate provision.

(45) Report on personnel

The Senate amendment requires the Department to biannually submit to the

House and Senate Agriculture Committees a report describing the number of staff years

and employees employed for each agency of the Department. (Section 12509)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12506)

(46) Report on absent landlords

The Senate amendment requires the Secretary to conduct a study on absent

landlords within one year of enactment. In conducting the study, the Secretary shall

consider certain impacts of absent landlords on land value, soil health, and economic

viability and provide recommendations on how to mitigate these impacts. (Section

12510)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12507)

(47) Restriction on use of certain poisons for predator control

The Senate amendment restricts the use of sodium cyanide (M-44 devices) to kill

predatory animals only in accordance with Wildlife Services (WS) Directive Number

2.415 of the Animal and Plant Health Inspection Service, dated February 27, 2018, and

the implementation guidelines attached to that Directive. (Section 12511)

The House bill contains no comparable provision.

The Conference substitute does not adopt the Senate provision.

(48) Century farms program

The House bill establishes a program under which the Secretary recognizes any

farm that a state program or similar agricultural organization recognizes as a century

farm, or a farm as defined under section 7 CFR 4284.902, and farms that have been in

continuous operation by the same family for at least 100 years. (Section 11610)

The Senate amendment establishes a National Century Farms Program to

recognize state programs and farms that have been in continuous operation by the same

family for at least 100 years. (Section 12512)

The Conference substitute adopts the House provision. (Section 12508)

(49) Report on importation of live dogs

The House bill directs the Secretary, in conjunction with the Secretaries of

Commerce, Health and Human Services and Homeland Security, to provide a report to

Congress on the volume of live dogs imported to the U.S. (Section 11612)

The Senate amendment contains a comparable provision but excludes the

inclusion of the importation of personal pets. (Section 12513)

The Conference substitute adopts the House provision with an amendment

strengthening the coordination efforts between the Departments of Commerce, Health

and Human Services, and Homeland Security to enable the Secretary to collect, compile,

and disseminate this data to Congress in order to better understand the public health

implications of importing dogs into the United States. (Section 12509)

The Managers recognize that little is known about the volume of live dogs

imported into the United States, whether as personal pets or animals seeking adoption or

purchase by American households. Animal and zoonotic diseases pose serious risks to the

U.S., and greater understanding of the pathways these diseases could be entering the

U.S., such as via imported live dogs, is warranted.

The Managers instruct the Secretary to develop a report on the importation of live

dogs into the United States to be submitted to the House Committee on Agriculture and

the Senate Committee on Agriculture, Nutrition and Forestry no later than 1 year after the

date of enactment of this Act. The Secretary of Commerce, the Secretary of Health and

Human Services and the Secretary of Homeland Security shall provide to the Secretary of

Agriculture all available data and information relating to the importation of live dogs into

the U.S to complete the report.

(50) Promise zones

The Senate amendment codifies the Tribal Promise Zones program and provides

for the continuation of currently existing Tribal Promise Zones to leverage public-private

investment. (Section 12515)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

striking the section addressing competitive enhancement in federal awards to tribal

promise zones. (Section 12510)

(51) Precision agriculture connectivity

The House bill highlights the importance of precision agriculture and the need so

agriculture cost can be lowered by 2050, and establishes a Task Force for Reviewing the

Connectivity and Technology Needs of Precision Agriculture to identify gaps in rural

technology and make policy recommendations to help address these issues. (Sections

6801 & 6802)

The Senate amendment: (1) highlights the importance of precision agriculture and

the need so agriculture cost can be lowered by 2050; (2) establishes a Task Force for

Reviewing the Connectivity and Technology Needs of Precision Agriculture in the U.S.

to identify gaps in rural technology and make policy recommendations to help address

these issues; (3) ensures that no provider of broadband internet access service is required

to duplicate the reporting of data; (4) holds that the Task Force and the “Commission”

(FCC) shall not interpret the use of the term “future programs of the Commission” to

include universal service programs under the Communications Act of 1934 (47 U.S.C.

254); and (5) requires an agricultural producer representing tribal agriculture to be on the

Task Force. (Section 12516)

The Conference substitute adopts the Senate provision with an amendment

clarifying the definition of the term "broadband Internet access service". (Section 12511)

As the USDA develops financing, policy and other aspects related to rural

broadband development, the Managers request USDA take into account Sec. 2110 of the

FAA Extension, Safety, and Security Act of 2016. This will ensure communication

towers providing broadband services in rural areas that meet the specifications described

in Section 2110 are properly marked and entered into a FAA database to protect the

safety of aerial applicators, aerial firefighters, public health applicators, medevac units,

law enforcement and other low-flying aircraft.

Section 12511 requires the Federal Communications Commission (FCC), in

collaboration with the Department, to form a task force to evaluate the best ways to meet

the broadband needs of precision agriculture in the United States. The task force is

focused on identifying and measuring gaps in broadband coverage, and developing policy

recommendations to promote rapid, expanded deployment of broadband in agricultural

areas.

The Managers believe many rural businesses do not have access to broadband

services. Both the FCC and the U.S. Department of Agriculture, through the Rural

Utilities Service (RUS), provide Federal support to bring broadband to rural areas. In

rural areas, broadband has the potential to enable precision agriculture for farmers and

ranchers by integrating emerging technologies and global position systems (GPS) to

assist in the most efficient use of their land.

The Managers direct the Commission and the Department to review House Report

115-837 for additional details about the history, purpose, and implementation of this

section.

(52) Improved soil moisture and precipitation monitoring

The Senate amendment allows the Secretary to consider findings from additional

drought monitoring stations and to establish new stations, to improve the accuracy of the

U.S. Drought Monitor utilized in determining grazing disaster assistance for livestock

producers, and authorizes $5 million in appropriations for FY2019-2013. (Section 12517)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

simplifying the Secretary's efforts from those imposed by the Senate provision, and

instructs the Secretary to coordinate with the Director of the National Drought Mitigation

Center and the Administrator of the National Oceanic and Atmospheric Administration to

enhance the collection of data to improve the accuracy of the United States Drought

Monitor, review the type of data utilized by the Drought Monitor and the geographic

coverage of data sites, and make improvements. (Section 12512)

(53) Dairy business innovation initiatives

The Senate amendment requires the Agricultural Marketing Service to establish at

least three regionally located dairy product and business innovation initiatives to provide

grants and nonmonetary assistance to dairy businesses, provides direction for the

selection of initiatives, entities eligible to host initiatives, activities of the initiatives,

distribution of funds and reporting requirements, and authorizes $20 million in

appropriations for each fiscal year. (Section 12519)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment that

streamlines the establishment and selection of the initiatives, amends language related to

eligible and ineligible entities, streamlines the eligible types of assistance that are

allowed, edits the priorities to be considered for the awarding of grants, and simplifies the

reporting requirements. (Section 12513)

(54) Report on funding for the national institute of food and agriculture and other

extension programs.

The Senate amendment instructs that no later than 2 years after the 2017 Census

of Agriculture is released under the Census of Agriculture Act of 1997, the Secretary

submit to Congress a report describing the funding necessary to adequately address

NIFA’s needs, activities, and ability to provide adequate services for the growth and

development of the economies of rural communities based on the changing demographic

in the rural and farming communities in the various States, paying particular attention to

carrying out activities relating to small and diverse farms and ranches, veteran farmers

and ranchers, value-added agriculture, direct-to-consumer sales, and specialty crops.

(Section 12520)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12514)

(55) Prohibition on slaughter of dogs and cats for human consumption

The House bill: (1) adds a new section 30 to the Animal Welfare Act to prohibit a

person from knowingly slaughtering a dog or cat for human consumption, or knowingly

shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or

donating a dog or cat to be slaughtered for human consumption, or dog or cat parts for

human consumption; (2) sets forth that such prohibition 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; (3) establishes that 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; and (4) provides that this section does not limit any State or

local law or regulations from protecting the welfare of animals, or prevent a State or local

governing body from adopting and enforcing more stringent laws or regulations. (Section

11613)

The Senate amendment: (1) sets forth that no person may knowingly slaughter a

dog or cat for human consumption, or knowingly ship, transport, move, deliver, receive,

possess, purchase, sell, or donate a dog or cat to be slaughtered for human consumption,

or a dog or cat part for human consumption; (2) provides that such prohibition shall apply

only with respect to conduct in interstate commerce or foreign commerce; or within the

special maritime and territorial jurisdiction of the United States; (3) provides that the

prohibition shall not apply to an Indian (as defined in section 4 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C. 5304)) carrying out any activity

described in subsection (a) for the purpose of a religious ceremony; (4) establishes that

any person who violates the prohibition shall be subject to a fine in an amount not greater

than $5,000 for each violation; and (5) provides that this section does not limit any State

or local law or regulation protecting the welfare of animals; or prevent a State or unit of

local government from adopting and enforcing more stringent laws or regulations.

(Section 12521)

The Conference substitute adopts the Senate provision with an amendment

relating to interstate commerce. (Section 12515)

(56) Report on honey and maple syrup

The House bill requires the Secretary to submit a report, not later than 60 days

after enactment, to the House and Senate Agriculture Committees examining the effect of

final FDA regulation, “Food Labeling: Revision of the Nutrition and Supplement Facts

Labels” (81 Federal Register 33742), has on consumer perception regarding the “added

sugar” statement required to be included on panels by the final rule with respect to

packaged food in which no sugar is added during processing, including pure honey and

maple syrup. (Section 9203)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House bill with an amendment that

incorporates language permitting the food labeling requirements under section 403(q) of

the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) to not require that the

nutrition facts label of any single ingredient sugar, honey, agave, and syrup, including

maple syrup, that is packaged and offered for sale as a single ingredient food bear the

declaration “Includes Xg Added Sugars.” (Section 12516)

The Managers take note of numerous surveys highlighting high incidence of

consumer confusion resulting from a mandatory declaration specifying "added sugar" on

nutrition facts panel labels on single ingredient products such as pure honey and pure

maple syrup. While the Managers are willing to consider future proposals by the Food

and Drug Administration (FDA) to specify percent daily value in relation to the sugar

content in these single ingredient products, the Managers’ intent is to stop FDA from

requiring any form of a mandatory declaration of "added sugar" content on single

ingredient products. The Managers further suggest that future efforts by the FDA to

regulate added sugar aspects of the nutrition facts label should be informed by research

documenting consumer interpretation of proposed label statements.

(57) Expedited exportation of certain species

The Senate amendment instructs the Director of the Fish and Wildlife Service

(FWS) to issue a rule proposing to amend FWS requirements pertaining to export

permissions for certain species. The rule is to consider establishing expedited procedures

for exporting sea urchins and sea cucumbers intended for human and animal food.

(Section 12601)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

amending Fish and Wildlife Service (FWS) regulations relating to export permission

requirements for green sea urchins, only, to facilitate their exportation, and requires data

on the conservation and management of green sea urchins be provided to relevant

government entities. (Section 12617)

(58) Baiting of migratory game birds

The Senate amendment: (1) provides definitions for normal agricultural operation,

post-disaster flooding, and certain agricultural practices related to rice production; (2)

requires the Secretary of the Interior, in consultation with the Secretary of Agriculture, to

revise agency regulations clarifying that certain practices for rice producers, when carried

out as part of a normal agricultural operation, do not constitute baiting; and (3) directs the

Secretary to issue reports related to the provisions of the section. (Section 12602)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with a minor amendment

to the reporting requirements of the Secretaries of Agriculture and the Interior. (Section

12601)

(59) Pima agriculture cotton trust fund

The House bill repeals the program and creates “Textile Trust Fund” in section

11304. (Section 11301)

The Senate amendment reauthorizes section 12314 of the Agricultural Act of

2014, clarifies how funds shall be distributed to yarn spinners, amends the requirements

of the affidavit, makes technical changes and updates, and provides funding for the trust

fund for each calendar year through 2023. (Section 12603)

The Conference substitute adopts the Senate provision. (Section 12602)

(60) Agriculture wool apparel manufacturers trust fund

The House bill repeals the program and creates “Textile Trust Fund” in Section

11304. (Section 11302)

The Senate amendment reauthorizes section 12315 of the Agricultural Act of

2014, makes technical changes and updates, and provides funding for the trust fund for

each calendar year through 2023. (Section 12604)

The Conference substitute adopts the Senate provision. (Section 12603)

(61) Wool research and promotion

The House bill repeals the program and creates “Textile Trust Fund” in Section

11304. (Section 11303)

The Senate amendment reauthorizes section 12316 of the Agricultural Act of

2014 and extends the $2.25 million in mandatory funding for each of calendar years 2019

through 2023. (Section 12605)

The Conference substitute adopts the Senate provision. (Section 12604)

(62) Textile trust fund

The House bill: (1) establishes the Textile Trust Fund for the purposes of reducing

injury for certain domestic manufacturers resulting from tariffs on certain cotton and

wool products that are higher than tariffs on certain cotton and wool apparel articles made

from those products; (2) provides for the distribution of funds from the Textile Trust

Fund for manufacturers of pima cotton and wool products, and for wool research and

promotion; (3) provides for the timing of distributions of funds from the Textile Trust

Fund; (4) authorizes the Textile Trust Fund through calendar year 2023 and provides

funding; and (5) directs the Secretary, for each calendar year 2019 through 2023, to

transfer from CCC to the Textile Trust Fund $25.5 million to be allocated as such, with

funds to remain available until expended; $8 million to eligible manufacturers of pima

cotton; $15 million to eligible wool manufacturers; and $2.25 million in grants for wool

research and promotion. (Section 11304)

The Senate amendment contains no comparable provision to the creation of the

Textile Trust Fund, but contains related provisions in sections 12603, 12604, and 12605.

The Conference substitute does not adopt the House provision.

(63) Emergency citrus disease research and extension program (research and

development trust fund)

The House bill reauthorizes the Emergency Citrus Disease Research and

Extension Program through 2023, extends the authorization of the appropriation of $25

million in funding per year through 2023, and extends the $25 million of mandatory

funding for the Citrus Disease Research and Extension Program for each fiscal year

through 2023. (Section 7305)

The Senate amendment: (1) establishes a citrus trust fund and directs the

Secretary to make payments annually for the purpose of citrus research and extension

activities, technical assistance, and development activities to combat certain pests and

diseases as well as to support dissemination and commercialization of certain relevant

discoveries; (2) prioritizes payments for the same research priorities established by the

Citrus Disease Subcommittee of the Specialty Crop Committee of the National

Agricultural Research, Extension, Education, and Economics Advisory Board per Section

1408A(g)(4) of the National Agricultural Research, Extension and Teaching Policy Act

of 1977; (3) requires the Secretary, when determining how to distribute payments from

the trust funds, to seek input from the Federal and State agencies and others involved in

citrus disease response, and consider other public and private citrus-related research and

extension; (4) requires the Secretary to ensure that funds provided from the trust fund not

supplant funds made available to carry out other citrus disease activities carried out by

USDA; and (5) requires the Secretary to transfer to the Citrus Trust Fund $25 million

from the Commodity Credit Corporation for each of fiscal years 2019 through 2023.

(Section 12606)

The Conference substitute adopts the Senate provision with an amendment

striking certain language from the Senate provision, simplifying the program, and

directing the Secretary to carry out the Emergency Citrus Disease Research Extension

Program in section 412(j) of the Agricultural Research, Extension and Education Reform

Act of 1998. (Section 12605)

(64) Extension of merchandise processing fees

The Senate amendment extends section 503 of the United States-Korea Free

Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) for 13

weeks to May 26, 2027. (Section 12607)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12606)

(65) Conforming changes to controlled substances act

The Senate amendment amends the existing exemptions to include hemp as

defined in section 297A of the Agricultural Marketing Act of 1946 and

tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural

Marketing Act of 1946). (Section 12608)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12619)

(66) National flood insurance program reauthorization

The Senate amendment extends financing authority of the program through

January 31, 2019 and extends the program through January 31, 2019. (Section 12609)

The House bill contains no comparable provision.

The Conference substitute does not adopt the Senate provision.

(67) Eligibility for operators on heirs property land to obtain a farm number

The Senate amendment defines “eligible documentation” to include: (1) in states

that have adopted the Uniform Partition of Heirs Property Act, a court order verifying the

land meets the definition of heirs property or certification from the local recorder of

deeds that the recorded landowner is deceased and not less than one heir has initiated a

procedure to retitle the land; (2) a tenancy-in-common agreement that sets out ownership

rights and responsibilities among all of the land owners; (3) tax returns for the preceding

five years; (4) self-certification that the farm operator has control of the land; and (5) any

other documentation identified by the Secretary as an alternative form of eligible

documentation.

The Senate provision also requires the Secretary to provide for the assignment of

a farm number to any farm operator who provides an form of eligible documentation, for

purposes of demonstrating that the farm operator has control of the land for purpose of

defining that land as a farm, and requires the Secretary to identify alternative forms of

eligible documentation that a farm operator may provide in seeking the assignment of a

farm number. (Section 12623)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision. (Section 12615)

The Managers recognize that farm operators on land that has been passed down

through multiple generations without formal probate proceedings may not have clear title

to the land. The Managers intend for this section to ensure operators of such land,

commonly referred to as heirs’ property, who provide certain documentation to the

Secretary are eligible to receive farm numbers for the purposes of accessing programs

offered by the Farm Service Agency, Natural Resources Conservation Service, and Risk

Management Agency. In determining States that have enacted or adopted the Uniform

Partition of Heirs Property Act, the Managers intend that USDA consider “State” to mean

any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the

Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, Republic of Palau, Federated States of Micronesia, and the

Republic of the Marshall Islands.

(68) Farmland ownership data collection

The Senate amendment instructs the Secretary to collect, and not less frequently

than once every 5 years report, data and analysis on farmland ownership, tenure,

transition, and entry of beginning farmers and ranchers and socially disadvantaged

farmers and ranchers. (Section 12625)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

merging the Senate provision with Section 2506 of Title II, and House Section 7604.

(Section 12607)

(69) National Oilheat Research Alliance

The Senate amendment repeals section 713 of the National Oilheat Research

Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469), allowing it to become

permanent law, and inserts new section 708 addressing limitations on the obligations of

funds. (Section 12627)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

extending the covered period to 10 years. (Section 12531)

(70) Reauthorization of rural emergency medical services training and equipment

assistance program

The Senate amendment inserts a short title for the section, adds “or to residents of

rural areas”, reauthorizes the program through FY2019-2023, and strikes subsections (b)

through (f) and inserts: (b) provides that eligible applicants shall be emergency medical

services agencies; (c) allows funds to be used to train medical emergency personnel,

conduct training courses, recruit personnel, and purchase emergency medical equipment;

(d) caps grants at $200,000 per award; (f) requires 25 percent match by the grantee; and

(e) defines emergency medical services as resources used to deliver medical services

outside of a medical facility; includes services delivered by other provider certified by

State. (Section 12628)

The House bill contains no comparable provision.

The Conference substitute adopts the Senate provision with an amendment

reducing the 25 percent match to 10 percent. (Section 12608)

(71) Definition of retail facilities

The House bill amends section 6 of OSHA Act of 1970 to codify an existing

exemption for agricultural retailers from the U.S. Occupational Safety and Health

Administration’s (OSHA) Process Safety Management (PSM) of Hazardous Chemicals

standard. (Section 9131)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(72) Commission on farm transitions – Needs for 2050

The House bill establishes a commission and sets an organizational framework, to

be known as the Commission on Farm Transitions – Needs for 2050 to conduct a study

and issue a report on a variety of issues impacting the transition of agricultural operations

from established farmers and ranchers to the next generation of farmers and ranchers.

(Section 11205)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

clarifying the applicable exemptions to the Federal Advisory Committee Act, and

terminating the commission on September 30, 2023. (Section 12609)

(73) Restoring certain exceptions to United States Grain Standard Act

The House bill allows certain grain handling facilities to restore a prior exception

with an official agency designated under the rule entitled “Exceptions to Geographic

Areas for Official Agencies Under the USGSA” published by the Department of

Agriculture in the Federal Register on April 18, 2003 (68 Fed. Reg. 19137) if certain

criteria are met. (Section 11401)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

restoring the nonuse of service exception to the geographic boundary provisions of the

United States Grain Standards Act and allows a grain handling facility that lost a nonuse

of service exception after October 1, 2015, to notify the Federal Grain Inspection Service

to restore the prior exception. (Section 12610)

The Managers remain concerned with the Department's implementation of the

U.S. Grain Standards Act provisions that provided for a “written agreement'' exception

program, which replaced the former “non-use of service'' exception program.

In USDA’s notice of the final rule to implement “Reauthorization of the United States

Grain Standards Act”, 81 Fed. Reg. 49855 (July 29, 2016) USDA indicated its intention

to “continue to honor” the 95 current agreements for agencies to operate outside of their

assigned geographic territories. However, Federal Grain Inspection Service (FGIS)

Directive 9290.18, which was issued to provide instructions on how to implement the

new requirements, contradicted the intention expressed in the notice of final rule and

created uncertainty for grain handling facilities. Specifically, FGIS permitted unilateral

termination of these agreements by an incumbent designated agency- a practice that

Congress did not intend, did not agree with, and subsequently prevented through

appropriations language.

Unilateral termination created uncertainty for grain handling facilities -- the

primary customers of the officially designated inspection agencies. The conference

substitute reinstates the “non-use of service exception and establishes a new policy that

precludes unilateral termination of these exception agreements. The Managers believe

that it is important for grain handling facilities and the excepted official agency to have

input into this process and that FGIS should not permit one party to terminate an

exception agreement.

The Managers do not intend for the restoration of exceptions to require a formal

rulemaking process. The Managers intend to provide a near term option for grain

handling facilities to go back to a previously approved by the Department non-use of

service exception agreement, provided that the former excepted official agency agrees.

Grain handling facilities would have 90 days from enactment to notify the Secretary of its

preferred date to restore the exception and within 90 days of this notification, the

Secretary must restore this exception. The Managers do not intend for the Secretary to

wait 90 days to restore an exception. The Managers urge FGIS and the Secretary to work

with the grain handling facilities and excepted agencies to expedite this process.

The Managers intend that if an official agency loses its designation, any exceptions that

agency has are terminated by the Secretary. If that agency regains its designation the

Secretary may restore the exceptions it had. The Managers expect the Department to

work closely with and give considerable weight to the input provided by the customer

that previously utilized these exceptions when taking into account whether or not to

restore the exception.

The Managers expect the Department to issue an updated directive noting the

restored exception category and the process to reinstate exceptions that had been

terminated. The Managers expect FGIS to carefully review requests to reinstate an

exception when one or more parties to the previous exception have changed ownership

and to reinstate the exception as appropriate.

(74) Conference report requirement threshold

The House bill amends the section to raise the threshold for conferences excluded

from the report from those costing less than $10,000, to those costing less than $75,000.

(Section 11603)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment

reducing the threshold to $50,000. (Section 12611)

(75) National agriculture imagery program

The House bill: (1) instructs the Secretary, working through FSA, to institute a

national agriculture imagery program to annually acquire aerial imagery during

agricultural growing seasons from the continental United States; (2) requires that the

aerial imagery acquired under this section shall consist of high resolution processed

digital imagery, be made available in a format that can be provided to Federal, State, and

private sector entities, be technologically compatible with geospatial information

technology, and be consistent with the standards established by the Federal Geographic

Data Committee; and (3) authorizes appropriations of $23 million for fiscal year 2019

and each fiscal year thereafter. (Section 11604)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 12612)

(76) Report on inclusion of natural stone products in Commodity Promotion, Research,

and Information Act of 1996

The House bill instructs that no later than 180 days after enactment of this Act,

the Secretary shall submit to the Committee on Agriculture of the House of

Representatives only, a report examining the effect of the establishment of a Natural

Stone Research and Promotion Board pursuant to the Commodity Promotion, Research,

and Information Act of 1996 would have on the natural stone industry, on economic

development in rural areas, and on benefits to consumers. (Section 11605)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 12613)

(77) Establishment of food access liaison

The House bill amends subtitle A of the Department of Agriculture

Reorganization Act of 1994 by adding a new section establishing a Food Access Liaison

to coordinate USDA programs, to reduce barriers to food access, and to monitor and

evaluate the progress of such programs. (Section 11608)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision. (Section 12614)

(78) Cotton classification services

The House bill amends section 3a to provide that employees hired to provide

cotton classification services may work up to 240 calendar days in a service year and may

be rehired non-competitively every year if they meet performance and conduct

expectations. (Section 11609)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(79) Report on agricultural innovation

The House bill instructs that no later than 180 days after enactment of this Act,

the Secretary, in consultation with the Administrator of the EPA and the Commissioner

of the FDA, 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. The report shall focus on plans for improving the Federal government’s

policies and procedures relating to gene editing and other precision plant breeding

methods. (Section 11611)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(80) Consideration of the totality of conservation measures

The House bill amends section 7(b)(3) of the Endangered Species Act to add

considerations when determining whether a Federal agency action is likely to jeopardize

the continued existence of any endangered species or threatened species or result in the

destruction or adverse modification of the critical habitat of a species. (Section 11614)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(81) Depredation permits for black vultures

The House bill authorizes the Secretary of the Interior in conjunction with the

Director of the United States Fish and Wildlife Service, to issue depredation permits to

livestock farmers, authorizing, with limitations, takings of black vultures otherwise

prohibited by Federal law to prevent such vultures from taking livestock during the

calving season, provided that the permit holder report the taking of the vultures to

appropriate enforcement agencies. (Section 11615)

The Senate amendment contains no comparable provision.

The conference substitute does not adopt the House provision.

(82) Extending prohibition on animal fighting to the territories

The House bill eliminates certain exceptions in order to extend the provision to

states and territories where it may not have been applicable. (Section 11616)

The Senate amendment contains no comparable provision.

The Conference substitute adopts the House provision with an amendment to

change the "effective date" to one year after enactment of this Act. (Section 12616)

(83) Waters of the United States rule

The House bill repeals the final rule issued by the EPA and the Secretary of the

Army entitled “Clean Water Rule: Definition of ‘Waters of the United States’”, published

on June 29, 2015, and any regulation or policy revised under, or otherwise affected as a

result of, that rule shall be applied as if that rule had not been issued. (Section 11617)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(84) Prohibition against interference by state and local governments with production or

manufacture of items in other states

The House bill instructs that 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 the production or manufacture

occurs in another State and the standard or condition is in addition to Federal standards

and the laws of the State and locality in which production or manufacture occurs.

The House bill also states that, pursuant to Section 207 of the Agricultural

Marketing Act of 1946 (7 U.S.C. 1626) the term “agricultural product” includes

agricultural, horticultural, viticultural, and dairy products, livestock and poultry, bees,

forest products, fish and shellfish, and any products thereof, including processed and

manufactured products, and any and all products raised or produced on farms and any

processed or manufactured product thereof. (Section 11701)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

(85) Federal cause of action to challenge state regulation of interstate commerce

The House bill provides a private right of action, in the appropriate court, for

individual persons, and a variety of entities, 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, to invalidate such a regulation and seek damages for economic loss resulting

from such regulation.

The House bill also provides preliminary injunctive relief to preclude enforcement

of the regulation at issue pursuant to certain standards. The applicable statute of

limitations is 10 years. (Section 11702)

The Senate amendment contains no comparable provision.

The Conference substitute does not adopt the House provision.

Additional Report Language

Section 12520 Authorization of protection operations for the Secretary of Agriculture and

others

The Managers intend for the Department to exercise the protection authorities

granted in section 12520 when warranted, including to individuals serving in Acting

Secretary or Deputy Secretary roles, consistent with threat assessments and applicable

guidelines or requirements.

Section (a)(2) grants the authority to provide protection that is incidental to the

protection provided to the Secretary or Deputy Secretary. Such authority should be used

only when: (1) extenuating circumstances occur that pose an articulable threat to such

individual; and (2) the security of the Secretary or Deputy Secretary would not be

jeopardized in protecting other qualified individuals. Such extenuating circumstances

may include, for example, a car accident, where individuals traveling with the Secretary

have suffered physical harm and the Secretary's protection would not be jeopardized by

protecting other qualified individuals. The Managers do not intend for the number of

security personnel accompanying the Secretary or Deputy Secretary to increase because

of any potential need to protect any additional persons in extenuating circumstances.

The Managers are wary of increasing security costs. The Department has

represented to the Managers that it does not anticipate spending additional resources over

its current budget and that in exercising this authority, it does not intend to automatically

provide protection to additional Department officials. Although this authority is being

provided, the Managers do not expect for the Department to alter the current level of

protection or the number of officials protected, unless warranted.

The Managers further intend for the term “continuous protection” to mean protection at

all times when there is an articulable threat of physical harm, as assessed through threat

assessments, including at a personal residence and during periods of personal, non-

official activities.

The Managers intend for the report required by subsection (e) to describe the

individuals to whom protection was provided under this authority, the extent and

frequency of such protections, and measures undertaken to determine the necessity of

protection. The Department shall provide the Committee on Agriculture of the United

States House of Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the United States Senate with timely briefings, upon request, regarding the

use of this authority.

COMPLIANCE WITH RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE

REGARDING EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS

Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives and Rule XLIV of

the Standing Rules of the Senate, neither this conference report nor the accompanying joint

statement of managers contains any congressional earmarks, congressionally directed spending

items, limited tax benefits, or limited tariff benefits, as defined in such rules.