IB 

Union Calendar No. 73 

113TH CONGRESS 

1ST SESSION H. R. 1947 

[Report No. 113–92, Parts I and II] 

To provide for the reform and continuation of agricultural and other programs 

of the Department of Agriculture through fiscal year 2018, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2013 

Mr. LUCAS (for himself and Mr. PETERSON) introduced the following bill; 

which was referred to the Committee on Agriculture 

MAY 29, 2013 

Reported with an amendment and referred to the Committees on Foreign Affairs and the Judiciary for a period ending not later than June 7, 2013, 

for consideration of such provisions of the bill and amendment as fall 

within the jurisdiction of those committees pursuant to clause 1(i) and 

clause 1(l), respectively, of rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 7, 2013 

Referral to the Committees on Foreign Affairs and the Judiciary extended for 

a period ending not later than June 10, 2013 

JUNE 10, 2013 

The Committee on Foreign Affairs discharged 

JUNE 10, 2013 

Reported from the Committee on the Judiciary with amendments, committed 

to the Committee of the Whole House on the State of the Union, and 

ordered to be printed 

[Omit the part struck through in roman and insert the part printed in boldface roman] 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 1947 RH

A BILL 

To provide for the reform and continuation of agricultural 

and other programs of the Department of Agriculture 

through fiscal year 2018, and for other purposes. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 1947 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Agriculture Reform and Risk Management Act of 

6 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary of Agriculture. 

TITLE I—COMMODITIES 

Subtitle A—Repeals and Reforms 

Sec. 1101. Repeal of direct payments. 

Sec. 1102. Repeal of counter-cyclical payments. 

Sec. 1103. Repeal of average crop revenue election program. 

Sec. 1104. Definitions. 

Sec. 1105. Base acres. 

Sec. 1106. Payment yields. 

Sec. 1107. Farm risk management election. 

Sec. 1108. Producer agreements. 

Sec. 1109. Period of effectiveness. 

Subtitle B—Marketing Loans 

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. 

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

Sec. 1203. Term of loans. 

Sec. 1204. Repayment of loans. 

Sec. 1205. Loan deficiency payments. 

Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. 

Sec. 1207. Special marketing loan provisions for upland cotton. 

Sec. 1208. Special competitive provisions for extra long staple cotton. 

Sec. 1209. Availability of recourse loans for high moisture feed grains and seed 

cotton. 

Sec. 1210. Adjustments of loans. 

Subtitle C—Sugar 

Sec. 1301. Sugar program. 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 1947 RH

Subtitle D—Dairy 

PART I—DAIRY PRODUCER MARGIN PROTECTION AND DAIRY MARKET

STABILIZATION PROGRAMS

Sec. 1401. Definitions. 

Sec. 1402. Calculation of average feed cost and actual dairy producer margins. 

SUBPART A—DAIRY PRODUCER MARGIN PROTECTION PROGRAM

Sec. 1411. Establishment of dairy producer margin protection program. 

Sec. 1412. Participation of dairy producers in margin protection program. 

Sec. 1413. Production history of participating dairy producers. 

Sec. 1414. Basic margin protection. 

Sec. 1415. Supplemental margin protection. 

Sec. 1416. Effect of failure to pay administrative fees or premiums. 

SUBPART B—DAIRY MARKET STABILIZATION PROGRAM

Sec. 1431. Establishment of dairy market stabilization program. 

Sec. 1432. Threshold for implementation and reduction in dairy producer payments. 

Sec. 1433. Producer milk marketing information. 

Sec. 1434. Calculation and collection of reduced dairy producer payments. 

Sec. 1435. Remitting monies to the Secretary and use of monies. 

Sec. 1436. Suspension of reduced payment requirement. 

Sec. 1437. Enforcement. 

Sec. 1438. Audit requirements. 

SUBPART C—COMMODITY CREDIT CORPORATION

Sec. 1451. Use of Commodity Credit Corporation. 

SUBPART D—INITIATION AND DURATION

Sec. 1461. Rulemaking. 

Sec. 1462. Duration. 

PART II—REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED

PROVISIONS

Sec. 1481. Repeal of dairy product price support and milk income loss contract 

programs. 

Sec. 1482. Repeal of dairy export incentive program. 

Sec. 1483. Extension of dairy forward pricing program. 

Sec. 1484. Extension of dairy indemnity program. 

Sec. 1485. Extension of dairy promotion and research program. 

Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission. 

PART III—EFFECTIVE DATE

Sec. 1491. Effective date. 

Subtitle E—Supplemental Agricultural Disaster Assistance Programs 

Sec. 1501. Supplemental agricultural disaster assistance. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 1947 RH

Subtitle F—Administration 

Sec. 1601. Administration generally. 

Sec. 1602. Suspension of permanent price support authority. 

Sec. 1603. Payment limitations. 

Sec. 1604. Adjusted gross income limitation. 

Sec. 1605. Geographically disadvantaged farmers and ranchers. 

Sec. 1606. Personal liability of producers for deficiencies. 

Sec. 1607. Prevention of deceased individuals receiving payments under farm 

commodity programs. 

Sec. 1608. Technical corrections. 

Sec. 1609. Assignment of payments. 

Sec. 1610. Tracking of benefits. 

Sec. 1611. Signature authority. 

Sec. 1612. Implementation. 

Sec. 1613. Protection of producer information. 

TITLE II—CONSERVATION 

Subtitle A—Conservation Reserve Program 

Sec. 2001. Extension and enrollment requirements of conservation reserve program. 

Sec. 2002. Farmable wetland program. 

Sec. 2003. Duties of owners and operators. 

Sec. 2004. Duties of the Secretary. 

Sec. 2005. Payments. 

Sec. 2006. Contract requirements. 

Sec. 2007. Conversion of land subject to contract to other conserving uses. 

Sec. 2008. Effective date. 

Subtitle B—Conservation Stewardship Program 

Sec. 2101. Conservation stewardship program. 

Subtitle C—Environmental Quality Incentives Program 

Sec. 2201. Purposes. 

Sec. 2202. Establishment and administration. 

Sec. 2203. Evaluation of applications. 

Sec. 2204. Duties of producers. 

Sec. 2205. Limitation on payments. 

Sec. 2206. Conservation innovation grants and payments. 

Sec. 2207. Effective date. 

Subtitle D—Agricultural Conservation Easement Program 

Sec. 2301. Agricultural conservation easement program. 

Subtitle E—Regional Conservation Partnership Program 

Sec. 2401. Regional conservation partnership program. 

Subtitle F—Other Conservation Programs 

Sec. 2501. Conservation of private grazing land. 

Sec. 2502. Grassroots source water protection program. 

Sec. 2503. Voluntary public access and habitat incentive program. 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 1947 RH

Sec. 2504. Agriculture conservation experienced services program. 

Sec. 2505. Small watershed rehabilitation program. 

Sec. 2506. Agricultural management assistance program. 

Subtitle G—Funding and Administration 

Sec. 2601. Funding. 

Sec. 2602. Technical assistance. 

Sec. 2603. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access. 

Sec. 2604. Annual report on program enrollments and assistance. 

Sec. 2605. Review of conservation practice standards. 

Sec. 2606. Administrative requirements applicable to all conservation programs. 

Sec. 2607. Standards for State technical committees. 

Sec. 2608. Rulemaking authority. 

Subtitle H—Repeal of Superseded Program Authorities and Transitional 

Provisions; Technical Amendments 

Sec. 2701. Comprehensive conservation enhancement program. 

Sec. 2702. Emergency forestry conservation reserve program. 

Sec. 2703. Wetlands reserve program. 

Sec. 2704. Farmland protection program and farm viability program. 

Sec. 2705. Grassland reserve program. 

Sec. 2706. Agricultural water enhancement program. 

Sec. 2707. Wildlife habitat incentive program. 

Sec. 2708. Great Lakes basin program. 

Sec. 2709. Chesapeake Bay watershed program. 

Sec. 2710. Cooperative conservation partnership initiative. 

Sec. 2711. Environmental easement program. 

Sec. 2712. Technical amendments. 

TITLE III—TRADE 

Subtitle A—Food for Peace Act 

Sec. 3001. General authority. 

Sec. 3002. Support for organizations through which assistance is provided. 

Sec. 3003. Food aid quality. 

Sec. 3004. Minimum levels of assistance. 

Sec. 3005. Food Aid Consultative Group. 

Sec. 3006. Oversight, monitoring, and evaluation. 

Sec. 3007. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. 

Sec. 3008. General provisions. 

Sec. 3009. Prepositioning of agricultural commodities. 

Sec. 3010. Annual report regarding food aid programs and activities. 

Sec. 3011. Deadline for agreements to finance sales or to provide other assistance. 

Sec. 3012. Authorization of appropriations. 

Sec. 3013. Micronutrient fortification programs. 

Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. 

Subtitle B—Agricultural Trade Act of 1978 

Sec. 3101. Funding for export credit guarantee program. 

Sec. 3102. Funding for market access program. 

Sec. 3103. Foreign market development cooperator program. 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 1947 RH

Subtitle C—Other Agricultural Trade Laws 

Sec. 3201. Food for Progress Act of 1985. 

Sec. 3202. Bill Emerson Humanitarian Trust. 

Sec. 3203. Promotion of agricultural exports to emerging markets. 

Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition 

Program. 

Sec. 3205. Technical assistance for specialty crops. 

Sec. 3206. Global Crop Diversity Trust. 

Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural Services. 

TITLE IV—NUTRITION 

Subtitle A—Supplemental Nutrition Assistance Program 

Sec. 4001. Preventing payment of cash to recipients of supplemental nutrition assistance benefits for the return of empty bottles and cans used 

to contain food purchased with benefits provided under the program. 

Sec. 4002. Retailers. 

Sec. 4003. Enhancing services to elderly and disabled supplemental nutrition assistance program participants. 

Sec. 4004. Food distribution program on Indian reservations. 

Sec. 4005. Updating program eligibility. 

Sec. 4006. Exclusion of medical marijuana from excess medical expense deduction. 

Sec. 4007. Standard utility allowances based on the receipt of energy assistance 

payments. 

Sec. 4008. Eligibility disqualifications. 

Sec. 4009. Ending supplemental nutrition assistance program benefits for lottery 

or gambling winners. 

Sec. 4010. Improving security of food assistance. 

Sec. 4011. Demonstration projects on acceptance of benefits of mobile transactions. 

Sec. 4012. Use of benefits for purchase of community-supported agriculture share. 

Sec. 4013. Restaurant meals program. 

Sec. 4014. Mandating State immigration verification. 

Sec. 4015. Data exchange standardization for improved interoperability. 

Sec. 4016. Pilot projects to improve Federal-State cooperation in identifying and 

reducing fraud in the supplemental nutrition assistance program. 

Sec. 4017. Prohibiting government-sponsored recruitment activities. 

Sec. 4018. Repeal of bonus program. 

Sec. 4019. Funding of employment and training programs. 

Sec. 4020. Monitoring employment and training programs. 

Sec. 4021. Cooperation with program research and evaluation. 

Sec. 4022. Pilot projects to reduce dependency and increase work effort in the 

supplemental nutrition assistance program. 

Sec. 4023. Authorization of appropriations. 

Sec. 4024. Limitation on use of block grant to Puerto Rico. 

Sec. 4025. Assistance for community food projects. 

Sec. 4026. Emergency food assistance. 

Sec. 4027. Nutrition education. 

Sec. 4028. Retailer trafficking. 

Sec. 4029. Technical and conforming amendments. 

Sec. 4030. Tolerance level for excluding small errors. 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 1947 RH

Sec. 4031. Commonwealth of the Northern Mariana Islands pilot program. 

Sec. 4032. Annual State report on verification of SNAP participation. 

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. Processing of commodities. 

Subtitle C—Miscellaneous 

Sec. 4201. Farmers’ market nutrition program. 

Sec. 4202. Nutrition information and awareness pilot program. 

Sec. 4203. Fresh fruit and vegetable program. 

Sec. 4204. Additional authority for purchase of fresh fruits, vegetables, and other 

specialty food crops. 

Sec. 4205. Encouraging locally and regionally grown and raised food. 

Sec. 4206. Review of public health benefits of white potatoes. 

Sec. 4207. Healthy Food Financing Initiative. 

TITLE V—CREDIT 

Subtitle A—Farm Ownership Loans 

Sec. 5001. Eligibility for farm ownership loans. 

Sec. 5002. Conservation loan and loan guarantee program. 

Sec. 5003. Down payment loan program. 

Sec. 5004. Elimination of mineral rights appraisal requirement. 

Subtitle B—Operating Loans 

Sec. 5101. Eligibility for farm operating loans. 

Sec. 5102. Elimination of rural residency requirement for operating loans to 

youth. 

Sec. 5103. Authority to waive personal liability for youth loans due to circumstances beyond borrower control. 

Sec. 5104. Microloans. 

Subtitle C—Emergency Loans 

Sec. 5201. Eligibility for emergency loans. 

Subtitle D—Administrative Provisions 

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

program. 

Sec. 5302. Eligible beginning farmers and ranchers. 

Sec. 5303. Loan authorization levels. 

Sec. 5304. Priority for participation loans. 

Sec. 5305. Loan fund set-asides. 

Sec. 5306. Conforming amendment to borrower training provision, relating to eligibility changes. 

Subtitle E—State Agricultural Mediation Programs 

Sec. 5401. State agricultural mediation programs. 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 1947 RH

Subtitle F—Loans to Purchasers of Highly Fractionated Land 

Sec. 5501. Loans to purchasers of highly fractionated land. 

TITLE VI—RURAL DEVELOPMENT 

Subtitle A—Consolidated Farm and Rural Development Act 

Sec. 6001. Water, waste disposal, and wastewater facility grants. 

Sec. 6002. Rural business opportunity grants. 

Sec. 6003. Elimination of reservation of community facilities grant program 

funds. 

Sec. 6004. Utilization of loan guarantees for community facilities. 

Sec. 6005. Rural water and wastewater circuit rider program. 

Sec. 6006. Tribal college and university essential community facilities. 

Sec. 6007. Essential community facilities technical assistance and training. 

Sec. 6008. Emergency and imminent community water assistance grant program. 

Sec. 6009. Household water well systems. 

Sec. 6010. Rural business and industry loan program. 

Sec. 6011. Rural cooperative development grants. 

Sec. 6012. Locally or regionally produced agricultural food products. 

Sec. 6013. Intermediary relending program. 

Sec. 6014. Rural college coordinated strategy. 

Sec. 6015. Rural water and waste disposal infrastructure. 

Sec. 6016. Simplified applications. 

Sec. 6017. Grants for NOAA weather radio transmitters. 

Sec. 6018. Rural microentrepreneur assistance program. 

Sec. 6019. Delta Regional Authority. 

Sec. 6020. Northern Great Plains Regional Authority. 

Sec. 6021. Rural business investment program. 

Subtitle B—Rural Electrification Act of 1936 

Sec. 6101. Relending for certain purposes. 

Sec. 6102. Fees for certain loan guarantees. 

Sec. 6103. Guarantees for bonds and notes issued for electrification or telephone 

purposes. 

Sec. 6104. Expansion of 911 access. 

Sec. 6105. Access to broadband telecommunications services in rural areas. 

Subtitle C—Miscellaneous 

Sec. 6201. Distance learning and telemedicine. 

Sec. 6202. Value-added agricultural market development program grants. 

Sec. 6203. Agriculture innovation center demonstration program. 

Sec. 6204. Program metrics. 

Sec. 6205. Study of rural transportation issues. 

Sec. 6206. Certain Federal actions not to be considered major. 

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS 

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

Act of 1977 

Sec. 7101. Option to be included as non-land-grant college of agriculture. 

Sec. 7102. National Agricultural Research, Extension, Education, and Economics 

Advisory Board. 

Sec. 7103. Specialty crop committee. 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 1947 RH

Sec. 7104. Veterinary services grant program. 

Sec. 7105. Grants and fellowships for food and agriculture sciences education. 

Sec. 7106. Policy research centers. 

Sec. 7107. Repeal of human nutrition intervention and health promotion research 

program. 

Sec. 7108. Repeal of pilot research program to combine medical and agricultural 

research. 

Sec. 7109. Nutrition education program. 

Sec. 7110. Continuing animal health and disease research programs. 

Sec. 7111. Repeal of appropriations for research on national or regional problems. 

Sec. 7112. Grants to upgrade agricultural and food sciences facilities at 1890 

land-grant colleges, including Tuskegee University. 

Sec. 7113. Grants to upgrade agriculture and food science facilities and equipment at insular area land-grant institutions. 

Sec. 7114. Repeal of national research and training virtual centers. 

Sec. 7115. Hispanic-serving institutions. 

Sec. 7116. Competitive Grants Program for Hispanic Agricultural Workers and 

Youth. 

Sec. 7117. Competitive grants for international agricultural science and education programs. 

Sec. 7118. Repeal of research equipment grants. 

Sec. 7119. University research. 

Sec. 7120. Extension service. 

Sec. 7121. Auditing, reporting, bookkeeping, and administrative requirements. 

Sec. 7122. Supplemental and alternative crops. 

Sec. 7123. Capacity building grants for NLGCA institutions. 

Sec. 7124. Aquaculture assistance programs. 

Sec. 7125. Rangeland research programs. 

Sec. 7126. Special authorization for biosecurity planning and response. 

Sec. 7127. Distance education and resident instruction grants program for insular area institutions of higher education. 

Sec. 7128. Matching funds requirement. 

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 Genetics Resources Program. 

Sec. 7206. Repeal of National Agricultural Weather Information System. 

Sec. 7207. Repeal of rural electronic commerce extension program. 

Sec. 7208. Repeal of agricultural genome initiative. 

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

Sec. 7210. Repeal of nutrient management research and extension initiative. 

Sec. 7211. Organic agriculture research and extension initiative. 

Sec. 7212. Repeal of agricultural bioenergy feedstock and energy efficiency research and extension initiative. 

Sec. 7213. Farm business management. 

Sec. 7214. Centers of excellence. 

Sec. 7215. Repeal of red meat safety research center. 

Sec. 7216. Assistive technology program for farmers with disabilities. 

Sec. 7217. National rural information center clearinghouse. 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 1947 RH

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

1998 

Sec. 7301. Relevance and merit of agricultural research, extension, and education 

funded by the Department. 

Sec. 7302. Integrated research, education, and extension competitive grants program. 

Sec. 7303. Repeal of coordinated program of research, extension, and education 

to improve viability of small and medium size dairy, livestock, 

and poultry operations. 

Sec. 7304. Fusarium Graminearum grants. 

Sec. 7305. Repeal of Bovine Johne’s disease control program. 

Sec. 7306. Grants for youth organizations. 

Sec. 7307. Specialty crop research initiative. 

Sec. 7308. Food animal residue avoidance database program. 

Sec. 7309. Repeal of national swine research center. 

Sec. 7310. Office of pest management policy. 

Sec. 7311. Repeal of studies of agricultural research, extension, and education. 

Subtitle D—Other Laws 

Sec. 7401. Critical Agricultural Materials Act. 

Sec. 7402. Equity in Educational Land-grant Status Act of 1994. 

Sec. 7403. Research Facilities Act. 

Sec. 7404. Repeal of carbon cycle research. 

Sec. 7405. Competitive, Special, and Facilities Research Grant Act. 

Sec. 7406. Renewable Resources Extension Act of 1978. 

Sec. 7407. National Aquaculture Act of 1980. 

Sec. 7408. Repeal of use of remote sensing data. 

Sec. 7409. Repeal of reports under Farm Security and Rural Investment Act of 

2002. 

Sec. 7410. Beginning farmer and rancher development program. 

Sec. 7411. Inclusion of Northern Mariana Islands as a State under McIntireStennis Cooperative Forestry Act. 

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

PART 1—AGRICULTURAL SECURITY

Sec. 7501. Agricultural biosecurity communication center. 

Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, 

preparation, and response. 

Sec. 7503. Research and development of agricultural countermeasures. 

Sec. 7504. Agricultural biosecurity grant program. 

PART 2—MISCELLANEOUS

Sec. 7511. Enhanced use lease authority pilot program. 

Sec. 7512. Grazinglands research laboratory. 

Sec. 7513. Budget submission and funding. 

Sec. 7514. Repeal of research and education grants for the study of antibiotic-resistant bacteria. 

Sec. 7515. Repeal of farm and ranch stress assistance network. 

Sec. 7516. Repeal of seed distribution. 

Sec. 7517. Natural products research program. 

Sec. 7518. Sun grant program. 

Sec. 7519. Repeal of study and report on food deserts. 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 1947 RH

Sec. 7520. Repeal of agricultural and rural transportation research and education. 

Subtitle F—Miscellaneous Provisions 

Sec. 7601. Agreements with nonprofit organizations for National Arboretum. 

Sec. 7602. Cotton Disease Research Report. 

Sec. 7603. Acceptance of facility for Agricultural Research Service. 

Sec. 7604. Miscellaneous technical corrections. 

TITLE VIII—FORESTRY 

Subtitle A—Repeal of Certain Forestry Programs 

Sec. 8001. Forest land enhancement program. 

Sec. 8002. Watershed forestry assistance program. 

Sec. 8003. Expired cooperative national forest products marketing program. 

Sec. 8004. Hispanic-serving institution agricultural land national resources leadership program. 

Sec. 8005. Tribal watershed forestry assistance program. 

Sec. 8006. Separate Forest Service decisionmaking and appeals process. 

Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 

Programs 

Sec. 8101. State-wide assessment and strategies for forest resources. 

Sec. 8102. Forest Legacy Program. 

Sec. 8103. Community forest and open space conservation program. 

Subtitle C—Reauthorization of Other Forestry-Related Laws 

Sec. 8201. Rural revitalization technologies. 

Sec. 8202. Office of International Forestry. 

Sec. 8203. Change in funding source for healthy forests reserve program. 

Sec. 8204. Stewardship end result contracting project authority. 

Subtitle D—National Forest Critical Area Response 

Sec. 8301. Definitions. 

Sec. 8302. Designation of critical areas. 

Sec. 8303. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas. 

Sec. 8304. Good neighbor authority. 

Subtitle E—Miscellaneous Provisions 

Sec. 8401. Revision of strategic plan for forest inventory and analysis. 

Sec. 8402. Forest Service participation in ACES Program. 

Sec. 8403. Green science and technology transfer research under Forest and 

Rangeland Renewable Resources Research Act of 1978. 

Sec. 8404. Extension of stewardship contracts authority regarding use of designation by prescription to all thinning sales under National Forest 

Management Act of 1976. 

Sec. 8405. Reimbursement of fire funds expended by a State for management and 

suppression of certain wildfires. 

Sec. 8406. Ability of National Forest System lands to meet needs of local wood 

producing facilities for raw materials. 

Sec. 8407. Report on the National Forest System roads. 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 1947 RH

TITLE IX—ENERGY 

Sec. 9001. Definition of renewable energy system. 

Sec. 9002. Biobased markets program. 

Sec. 9003. Biorefinery Assistance. 

Sec. 9004. Repowering assistance program. 

Sec. 9005. Bioenergy Program for Advanced Biofuels. 

Sec. 9006. Biodiesel Fuel Education Program. 

Sec. 9007. Rural Energy for America Program. 

Sec. 9008. Biomass Research and Development. 

Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers. 

Sec. 9010. Biomass Crop Assistance Program. 

Sec. 9011. Community wood energy program. 

Sec. 9012. Repeal of biofuels infrastructure study. 

Sec. 9013. Repeal of renewable fertilizer study. 

TITLE X—HORTICULTURE 

Sec. 10001. Specialty crops market news allocation. 

Sec. 10002. Repeal of grant program to improve movement of specialty crops. 

Sec. 10003. Farmers market and local food promotion program. 

Sec. 10004. Organic agriculture. 

Sec. 10005. Investigations and enforcement of the Organic Foods Production Act 

of 1990. 

Sec. 10006. Food safety education initiatives. 

Sec. 10007. Specialty crop block grants. 

Sec. 10008. Report on honey. 

Sec. 10009. Bulk shipments of apples to Canada. 

Sec. 10010. Inclusion of olive oil in import controls under the Agricultural Adjustment Act. 

Sec. 10011. Consolidation of plant pest and disease management and disaster 

prevention programs. 

Sec. 10012. Modification, cancellation, or suspension on basis of a biological 

opinion. 

Sec. 10013. Use and discharges of authorized pesticides. 

Sec. 10014. Seed not pesticide or device for purposes of importation. 

Sec. 10015. Stay of regulations related to Christmas Tree Promotion, Research, 

and Information Order. 

Sec. 10016. Study on proposed order pertaining to sulfuryl fluoride. 

Sec. 10017. Study on local and regional food production and program evaluation. 

TITLE XI—CROP INSURANCE 

Sec. 11001. Information sharing. 

Sec. 11002. Publication of information on violations of prohibition on premium 

adjustments. 

Sec. 11003. Supplemental coverage option. 

Sec. 11004. Premium amounts for catastrophic risk protection. 

Sec. 11005. Repeal of performance-based discount. 

Sec. 11006. Permanent enterprise unit subsidy. 

Sec. 11007. Enterprise units for irrigated and nonirrigated crops. 

Sec. 11008. Data collection. 

Sec. 11009. Adjustment in actual production history to establish insurable yields. 

Sec. 11010. Submission and review of policies. 

Sec. 11011. Equitable relief for specialty crop policies. 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 1947 RH

Sec. 11012. Budget limitations on renegotiation of the standard reinsurance 

agreement. 

Sec. 11013. Crop production on native sod. 

Sec. 11014. Coverage levels by practice. 

Sec. 11015. Beginning farmer and rancher provisions. 

Sec. 11016. Stacked income protection plan for producers of upland cotton. 

Sec. 11017. Peanut revenue crop insurance. 

Sec. 11018. Authority to correct errors. 

Sec. 11019. Implementation. 

Sec. 11020. Research and development priorities. 

Sec. 11021. Additional research and development contracting requirements. 

Sec. 11022. Program compliance partnerships. 

Sec. 11023. Pilot programs. 

Sec. 11024. Technical amendments. 

TITLE XII—MISCELLANEOUS 

Subtitle A—Livestock 

Sec. 12101. National Sheep Industry Improvement Center. 

Sec. 12102. Repeal of certain regulations under the Packers and Stockyards Act, 

1921. 

Sec. 12103. Trichinae certification program. 

Sec. 12104. National Aquatic Animal Health Plan. 

Sec. 12105. Country of origin labeling. 

Sec. 12106. National animal health laboratory network. 

Sec. 12107. Repeal of duplicative catfish inspection program. 

Sec. 12108. National Poultry Improvement Program. 

Sec. 12109. Report on bovine tuberculosis in Texas. 

Subtitle B—Socially Disadvantaged Producers and Limited Resource Producers 

Sec. 12201. Outreach and assistance for socially disadvantaged farmers and 

ranchers and veteran farmers and ranchers. 

Sec. 12202. Office of Advocacy and Outreach. 

Sec. 12203. Socially Disadvantaged Farmers and Ranchers Policy Research Center. 

Subtitle C—Other Miscellaneous Provisions 

Sec. 12302. Grants to improve supply, stability, safety, and training of agricultural labor force. 

Sec. 12303. Program benefit eligibility status for participants in high plains 

water study. 

Sec. 12304. Office of Tribal Relations. 

Sec. 12305. Military Veterans Agricultural Liaison. 

Sec. 12306. Prohibition on keeping GSA leased cars overnight. 

Sec. 12307. Noninsured crop assistance program. 

Sec. 12308. Ensuring high standards for agency use of scientific information. 

Sec. 12309. Evaluation required for purposes of prohibition on closure or relocation of county offices for the Farm Service Agency. 

Sec. 12310. Acer access and development program. 

Sec. 12311. Regulatory review by the Secretary of Agriculture. 

Sec. 12312. Agricultural commodity definition. 

Sec. 12313. Prohibition on attending an animal fighting venture or causing a 

minor to attend an animal fighting venture. 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 1947 RH

Sec. 12314. Prohibition against interference by State and local governments with 

production or manufacture of items in other States. 

Sec. 12315. Increased protection for agricultural interests in the Missouri River 

Basin. 

Sec. 12316. Increased protection for agricultural interests in the Black Dirt region. 

1 SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of Agriculture. 

4 TITLE I—COMMODITIES 

5 Subtitle A—Repeals and Reforms 

6 SEC. 1101. REPEAL OF DIRECT PAYMENTS. 

7 (a) REPEAL.—Sections 1103 and 1303 of the Food, 

8 Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 

9 8753) are repealed. 

10 (b) CONTINUED APPLICATION FOR 2013 CROP YEAR.— 

11 Sections 1103 and 1303 of the Food, Conservation, and En12 ergy Act of 2008 (7 U.S.C. 8713, 8753), as in effect on the 

13 day before the date of enactment of this Act, shall continue 

14 to apply through the 2013 crop year with respect to all cov15 ered commodities (as defined in section 1001 of that Act 

16 (7 U.S.C. 8702)) and peanuts on a farm. 

17 (c) CONTINUED APPLICATION FOR 2014 AND 2015 

18 CROP YEARS.—Subject to this subtitle, the amendments 

19 made by sections 1603 and 1604 of this Act, and sections 

20 1607 and 1611 of this Act, section 1103 of the Food, Con21 servation and Energy Act of 2008 (7 U.S.C. 8713), as in 

22 effect on the day before the date of enactment of this Act, 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 1947 RH

1 shall continue to apply through the 2014 and 2015 crop 

2 years with respect to upland cotton only (as defined in sec3 tion 1001 of that Act (7 U.S.C. 8702)), except that, in ap4 plying such section 1103, the term ‘‘payment acres’’ means 

5 the following: 

6 (1) For crop year 2014, 70 percent of the base 

7 acres of upland cotton on a farm on which direct 

8 payments are made. 

9 (2) For crop year 2015, 60 percent of the base 

10 acres of upland cotton on a farm on which direct 

11 payments are made. 

12 SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS. 

13 (a) REPEAL.—Sections 1104 and 1304 of the Food, 

14 Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 

15 8754) are repealed. 

16 (b) CONTINUED APPLICATION FOR 2013 CROP YEAR.— 

17 Sections 1104 and 1304 of the Food, Conservation, and En18 ergy Act of 2008 (7 U.S.C. 8714, 8754), as in effect on the 

19 day before the date of enactment of this Act, shall continue 

20 to apply through the 2013 crop year with respect to all cov21 ered commodities (as defined in section 1001 of that Act 

22 (7 U.S.C. 8702)) and peanuts on a farm. 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 1947 RH

1 SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION 

2 PROGRAM. 

3 (a) REPEAL.—Section 1105 of the Food, Conservation, 

4 and Energy Act of 2008 (7 U.S.C. 8715) is repealed. 

5 (b) CONTINUED APPLICATION FOR 2013 CROP YEAR.— 

6 Section 1105 of the Food, Conservation, and Energy Act 

7 of 2008 (7 U.S.C. 8715), as in effect on the day before the 

8 date of enactment of this Act, shall continue to apply 

9 through the 2013 crop year with respect to all covered com10 modities (as defined in section 1001 of that Act (7 U.S.C. 

11 8702)) and peanuts on a farm for which the irrevocable 

12 election under section 1105 of that Act was made before the 

13 date of enactment of this Act. 

14 SEC. 1104. DEFINITIONS. 

15 In this subtitle and subtitle B: 

16 (1) ACTUAL COUNTY REVENUE.—The term ‘‘ac17 tual county revenue’’, with respect to a covered com18 modity for a crop year, means the amount determined 

19 by the Secretary under section 1107(c)(4) to deter20 mine whether revenue loss coverage payments are re21 quired to be provided for that crop year. 

22 (2) BASE ACRES.—The term ‘‘base acres’’, with 

23 respect to a covered commodity and cotton on a farm, 

24 means the number of acres established under section 

25 1101 and 1302 of the Farm Security and Rural In26 vestment Act of 2002 (7 U.S.C. 7911, 7952) or section 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 1947 RH

1 1101 and 1302 of the Food, Conservation, and Energy 

2 Act of 2008 (7 U.S.C. 8711, 8752), as in effect on 

3 September 30, 2013, subject to any adjustment under 

4 section 1105 of this Act. For purposes of making pay5 ments under subsections (b) and (c) of section 1107, 

6 base acres are reduced by the payment acres cal7 culated in 1101(c). 

8 (3) COUNTY REVENUE LOSS COVERAGE TRIG9 GER.—The term ‘‘county revenue loss coverage trig10 ger’’, with respect to a covered commodity for a crop 

11 year, means the amount determined by the Secretary 

12 under section 1107(c)(5) to determine whether revenue 

13 loss coverage payments are required to be provided for 

14 that crop year. 

15 (4) COVERED COMMODITY.—The term ‘‘covered 

16 commodity’’ means wheat, oats, and barley (including 

17 wheat, oats, and barley used for haying and grazing), 

18 corn, grain sorghum, long grain rice, medium grain 

19 rice, pulse crops, soybeans, other oilseeds, and pea20 nuts. 

21 (5) EFFECTIVE PRICE.—The term ‘‘effective 

22 price’’, with respect to a covered commodity for a 

23 crop year, means the price calculated by the Secretary 

24 under section 1107(b)(2) to determine whether price 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 1947 RH

1 loss coverage payments are required to be provided for 

2 that crop year. 

3 (6) EXTRA LONG STAPLE COTTON.—The term 

4 ‘‘extra long staple cotton’’ means cotton that— 

5 (A) is produced from pure strain varieties 

6 of the Barbadense species or any hybrid of the 

7 species, or other similar types of extra long sta8 ple cotton, designated by the Secretary, having 

9 characteristics needed for various end uses for 

10 which United States upland cotton is not suit11 able and grown in irrigated cotton-growing re12 gions of the United States designated by the Sec13 retary or other areas designated by the Secretary 

14 as suitable for the production of the varieties or 

15 types; and 

16 (B) is ginned on a roller-type gin or, if au17 thorized by the Secretary, ginned on another 

18 type gin for experimental purposes. 

19 (7) FARM BASE ACRES.—The term ‘‘farm base 

20 acres’’ means the sum of the base acreage for all cov21 ered commodities and cotton on a farm in effect as 

22 of September 30, 2013, and subject to any adjustment 

23 under section 1105. 

24 (8) MEDIUM GRAIN RICE.—The term ‘‘medium 

25 grain rice’’ includes short grain rice. 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 1947 RH

1 (9) MIDSEASON PRICE.—The term ‘‘midseason 

2 price’’ means the applicable national average market 

3 price received by producers for the first 5 months of 

4 the applicable marketing year, as determined by the 

5 Secretary. 

6 (10) OTHER OILSEED.—The term ‘‘other oilseed’’ 

7 means a crop of sunflower seed, rapeseed, canola, saf8 flower, flaxseed, mustard seed, crambe, sesame seed, or 

9 any oilseed designated by the Secretary. 

10 (11) PAYMENT ACRES.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraphs (B) through (D), the term ‘‘pay13 ment acres’’, with respect to the provision of 

14 price loss coverage payments and revenue loss 

15 coverage payments, means— 

16 (i) 85 percent of total acres planted for 

17 the year to each covered commodity on a 

18 farm; and 

19 (ii) 30 percent of total acres approved 

20 as prevented from being planted for the year 

21 to each covered commodity on a farm. 

22 (B) MAXIMUM.—The total quantity of pay23 ment acres determined under subparagraph (A) 

24 shall not exceed the farm base acres. 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•HR 1947 RH

1 (C) REDUCTION.—If the sum of all payment 

2 acres for a farm exceeds the limits established 

3 under subparagraph (B), the Secretary shall re4 duce the payment acres applicable to each crop 

5 proportionately. 

6 (D) EXCLUSION.—The term ‘‘payment 

7 acres’’ does not include any crop subsequently 

8 planted during the same crop year on the same 

9 land for which the first crop is eligible for pay10 ments under this subtitle, unless the crop was 

11 approved for double cropping in the county, as 

12 determined by the Secretary. 

13 (12) PAYMENT YIELD.—The term ‘‘payment 

14 yield’’ means the yield established for counter-cyclical 

15 payments under section 1102 or 1302 of the Farm Se16 curity and Rural Investment Act of 2002 (7 U.S.C. 

17 7912, 7952), section 1102 of the Food, Conservation, 

18 and Energy Act of 2008 (7 U.S.C. 8712), as in effect 

19 on September 30, 2013, or under section 1106 of this 

20 Act, for a farm for a covered commodity. 

21 (13) PRICE LOSS COVERAGE.—The term ‘‘price 

22 loss coverage’’ means coverage provided under section 

23 1107(b). 

24 (14) PRODUCER.— 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•HR 1947 RH

1 (A) IN GENERAL.—The term ‘‘producer’’ 

2 means an owner, operator, landlord, tenant, or 

3 sharecropper that shares in the risk of producing 

4 a crop and is entitled to share in the crop avail5 able for marketing from the farm, or would have 

6 shared had the crop been produced. 

7 (B) HYBRID SEED.—In determining wheth8 er a grower of hybrid seed is a producer, the Sec9 retary shall— 

10 (i) not take into consideration the ex11 istence of a hybrid seed contract; and 

12 (ii) ensure that program requirements 

13 do not adversely affect the ability of the 

14 grower to receive a payment under this 

15 title. 

16 (15) PULSE CROP.—The term ‘‘pulse crop’’ 

17 means dry peas, lentils, small chickpeas, and large 

18 chickpeas. 

19 (16) REFERENCE PRICE.—The term ‘‘reference 

20 price’’, with respect to a covered commodity for a 

21 crop year, means the following: 

22 (A) Wheat, $5.50 per bushel. 

23 (B) Corn, $3.70 per bushel. 

24 (C) Grain sorghum, $3.95 per bushel. 

25 (D) Barley, $4.95 per bushel. 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•HR 1947 RH

1 (E) Oats, $2.40 per bushel. 

2 (F) Long grain rice, $14.00 per hundred3 weight. 

4 (G) Medium grain rice, $14.00 per hun5 dredweight. 

6 (H) Soybeans, $8.40 per bushel. 

7 (I) Other oilseeds, $20.15 per hundred8 weight. 

9 (J) Peanuts $535.00 per ton. 

10 (K) Dry peas, $11.00 per hundredweight. 

11 (L) Lentils, $19.97 per hundredweight. 

12 (M) Small chickpeas, $19.04 per hundred13 weight. 

14 (N) Large chickpeas, $21.54 per hundred15 weight. 

16 (17) REVENUE LOSS COVERAGE.—The term ‘‘rev17 enue loss coverage’’ means coverage provided under 

18 section 1107(c). 

19 (18) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (19) STATE.—The term ‘‘State’’ means— 

22 (A) a State; 

23 (B) the District of Columbia; 

24 (C) the Commonwealth of Puerto Rico; and 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•HR 1947 RH

1 (D) any other territory or possession of the 

2 United States. 

3 (20) TEMPERATE JAPONICA RICE.—The term 

4 ‘‘temperate japonica rice’’ means rice that is grown 

5 in high altitudes or temperate regions of high lati6 tudes with cooler climate conditions, in the Western 

7 United States, as determined by the Secretary. 

8 (21) TRANSITIONAL YIELD.—The term ‘‘transi9 tional yield’’ has the meaning given the term in sec10 tion 502(b) of the Federal Crop Insurance Act (7 

11 U.S.C. 1502(b)). 

12 (22) UNITED STATES.—The term ‘‘United 

13 States’’, when used in a geographical sense, means all 

14 of the States. 

15 (23) UNITED STATES PREMIUM FACTOR.—The 

16 term ‘‘United States Premium Factor’’ means the 

17 percentage by which the difference in the United 

18 States loan schedule premiums for Strict Middling 

(SM) 11 19 ⁄8-inch upland cotton and for Middling (M) 

13 20 ⁄32-inch upland cotton exceeds the difference in the 

21 applicable premiums for comparable international 

22 qualities. 

23 SEC. 1105. BASE ACRES. 

24 (a) ADJUSTMENT OF BASE ACRES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•HR 1947 RH

1 (1) IN GENERAL.—The Secretary shall provide 

2 for an adjustment, as appropriate, in the base acres 

3 for covered commodities and cotton for a farm when4 ever any of the following circumstances occurs: 

5 (A) A conservation reserve contract entered 

6 into under section 1231 of the Food Security Act 

7 of 1985 (16 U.S.C. 3831) with respect to the 

8 farm expires or is voluntarily terminated. 

9 (B) Cropland is released from coverage 

10 under a conservation reserve contract by the Sec11 retary. 

12 (C) The producer has eligible oilseed acreage 

13 as the result of the Secretary designating addi14 tional oilseeds, which shall be determined in the 

15 same manner as eligible oilseed acreage under 

16 section 1101(a)(1)(D) of the Food, Conservation, 

17 and Energy Act of 2008 (7 U.S.C. 

18 8711(a)(1)(D)). 

19 (2) SPECIAL CONSERVATION RESERVE ACREAGE

20 PAYMENT RULES.—For the crop year in which a base 

21 acres adjustment under subparagraph (A) or (B) of 

22 paragraph (1) is first made, the owner of the farm 

23 shall elect to receive price loss coverage or revenue loss 

24 coverage with respect to the acreage added to the farm 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•HR 1947 RH

1 under this subsection or a prorated payment under 

2 the conservation reserve contract, but not both. 

3 (b) PREVENTION OF EXCESS BASE ACRES.— 

4 (1) REQUIRED REDUCTION.—If the sum of the 

5 base acres for a farm, together with the acreage de6 scribed in paragraph (2) exceeds the actual cropland 

7 acreage of the farm, the Secretary shall reduce the 

8 base acres for 1 or more covered commodities or cot9 ton for the farm so that the sum of the base acres and 

10 acreage described in paragraph (2) does not exceed 

11 the actual cropland acreage of the farm. 

12 (2) OTHER ACREAGE.—For purposes of para13 graph (1), the Secretary shall include the following: 

14 (A) Any acreage on the farm enrolled in the 

15 conservation reserve program or wetlands reserve 

16 program (or successor programs) under chapter 

17 1 of subtitle D of title XII of the Food Security 

18 Act of 1985 (16 U.S.C. 3830 et seq.). 

19 (B) Any other acreage on the farm enrolled 

20 in a Federal conservation program for which 

21 payments are made in exchange for not pro22 ducing an agricultural commodity on the acre23 age. 

24 (C) If the Secretary designates additional 

25 oilseeds, any eligible oilseed acreage, which shall 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

•HR 1947 RH

1 be determined in the same manner as eligible oil2 seed acreage under subsection (a)(1)(C). 

3 (3) SELECTION OF ACRES.—The Secretary shall 

4 give the owner of the farm the opportunity to select 

5 the base acres for a covered commodity or cotton for 

6 the farm against which the reduction required by 

7 paragraph (1) will be made. 

8 (4) EXCEPTION FOR DOUBLE-CROPPED ACRE9 AGE.—In applying paragraph (1), the Secretary shall 

10 make an exception in the case of double cropping, as 

11 determined by the Secretary. 

12 (c) REDUCTION IN BASE ACRES.— 

13 (1) REDUCTION AT OPTION OF OWNER.— 

14 (A) IN GENERAL.—The owner of a farm 

15 may reduce, at any time, the base acres for any 

16 covered commodity or cotton for the farm. 

17 (B) EFFECT OF REDUCTION.—A reduction 

18 under subparagraph (A) shall be permanent and 

19 made in a manner prescribed by the Secretary. 

20 (2) REQUIRED ACTION BY SECRETARY.— 

21 (A) IN GENERAL.—The Secretary shall pro22 portionately reduce base acres on a farm for cov23 ered commodities and cotton for land that has 

24 been subdivided and developed for multiple resi25 dential units or other nonfarming uses if the size 


rfrederick on DSK6VPTVN1PROD with BILLS
28 

•HR 1947 RH

1 of the tracts and the density of the subdivision 

2 is such that the land is unlikely to return to the 

3 previous agricultural use, unless the producers 

4 on the farm demonstrate that the land— 

5 (i) remains devoted to commercial ag6 ricultural production; or 

7 (ii) is likely to be returned to the pre8 vious agricultural use. 

9 (B) REQUIREMENT.—The Secretary shall 

10 establish procedures to identify land described in 

11 subparagraph (A). 

12 SEC. 1106. PAYMENT YIELDS. 

13 (a) ESTABLISHMENT AND PURPOSE.—For the purpose 

14 of making payments under this subtitle, the Secretary shall 

15 provide for the establishment of a yield for each farm for 

16 any designated oilseed for which a payment yield was not 

17 established under section 1102 of the Food, Conservation, 

18 and Energy Act of 2008 (7 U.S.C. 8712) in accordance with 

19 this section. 

20 (b) PAYMENT YIELDS FOR DESIGNATED OILSEEDS.— 

21 (1) DETERMINATION OF AVERAGE YIELD.—In the 

22 case of designated oilseeds, the Secretary shall deter23 mine the average yield per planted acre for the des24 ignated oilseed on a farm for the 1998 through 2001 


rfrederick on DSK6VPTVN1PROD with BILLS
29 

•HR 1947 RH

1 crop years, excluding any crop year in which the 

2 acreage planted to the designated oilseed was zero. 

3 (2) ADJUSTMENT FOR PAYMENT YIELD.— 

4 (A) IN GENERAL.—The payment yield for a 

5 farm for a designated oilseed shall be equal to the 

6 product of the following: 

7 (i) The average yield for the designated 

8 oilseed determined under paragraph (1). 

9 (ii) The ratio resulting from dividing 

10 the national average yield for the designated 

11 oilseed for the 1981 through 1985 crops by 

12 the national average yield for the designated 

13 oilseed for the 1998 through 2001 crops. 

14 (B) NO NATIONAL AVERAGE YIELD INFOR15 MATION AVAILABLE.—To the extent that national 

16 average yield information for a designated oil17 seed is not available, the Secretary shall use such 

18 information as the Secretary determines to be 

19 fair and equitable to establish a national average 

20 yield under this section. 

21 (3) USE OF COUNTY AVERAGE YIELD.—If the 

22 yield per planted acre for a crop of a designated oil23 seed for a farm for any of the 1998 through 2001 crop 

24 years was less than 75 percent of the county yield for 

25 that designated oilseed, the Secretary shall assign a 


rfrederick on DSK6VPTVN1PROD with BILLS
30 

•HR 1947 RH

1 yield for that crop year equal to 75 percent of the 

2 county yield for the purpose of determining the aver3 age under paragraph (1). 

4 (4) NO HISTORIC YIELD DATA AVAILABLE.—In 

5 the case of establishing yields for designated oilseeds, 

6 if historic yield data is not available, the Secretary 

7 shall use the ratio for dry peas calculated under para8 graph (2)(A)(ii) in determining the yields for des9 ignated oilseeds, as determined to be fair and equi10 table by the Secretary. 

11 (c) EFFECT OF LACK OF PAYMENT YIELD.— 

12 (1) ESTABLISHMENT BY SECRETARY.—If no pay13 ment yield is otherwise established for a farm for 

14 which a covered commodity is planted and eligible to 

15 receive price loss coverage payments, the Secretary 

16 shall establish an appropriate payment yield for the 

17 covered commodity on the farm under paragraph (2). 

18 (2) USE OF SIMILARLY SITUATED FARMS.—To 

19 establish an appropriate payment yield for a covered 

20 commodity on a farm as required by paragraph (1), 

21 the Secretary shall take into consideration the farm 

22 program payment yields applicable to that covered 

23 commodity for similarly situated farms. The use of 

24 such data in an appeal, by the Secretary or by the 


rfrederick on DSK6VPTVN1PROD with BILLS
31 

•HR 1947 RH

1 producer, shall not be subject to any other provision 

2 of law. 

3 (d) SINGLE OPPORTUNITY TO UPDATE YIELDS USED

4 TO DETERMINE PRICE LOSS COVERAGE PAYMENTS.— 

5 (1) ELECTION TO UPDATE.—At the sole discre6 tion of the owner of a farm, the owner of a farm shall 

7 have a 1-time opportunity to update the payment 

8 yields on a covered commodity-by-covered commodity 

9 basis that would otherwise be used in calculating any 

10 price loss coverage payment for covered commodities 

11 on the farm. 

12 (2) TIME FOR ELECTION.—The election under 

13 paragraph (1) shall be made at a time and manner 

14 to be in effect for the 2014 crop year as determined 

15 by the Secretary. 

16 (3) METHOD OF UPDATING YIELDS.—If the 

17 owner of a farm elects to update yields under this 

18 subsection, the payment yield for a covered com19 modity on the farm, for the purpose of calculating 

20 price loss coverage payments only, shall be equal to 

21 90 percent of the average of the yield per planted acre 

22 for the crop of the covered commodity on the farm for 

23 the 2008 through 2012 crop years, as determined by 

24 the Secretary, excluding any crop year in which the 


rfrederick on DSK6VPTVN1PROD with BILLS
32 

•HR 1947 RH

1 acreage planted to the crop of the covered commodity 

2 was zero. 

3 (4) USE OF COUNTY AVERAGE YIELD.—If the 

4 yield per planted acre for a crop of the covered com5 modity for a farm for any of the 2008 through 2012 

6 crop years was less than 75 percent of the average of 

7 the 2008 through 2012 county yield for that com8 modity, the Secretary shall assign a yield for that 

9 crop year equal to 75 percent of the average of the 

10 2008 through 2012 county yield for the purposes of 

11 determining the average yield under paragraph (3). 

12 (5) EFFECT OF LACK OF PAYMENT YIELD.— 

13 (A) ESTABLISHMENT BY SECRETARY.—For 

14 purposes of this subsection, if no payment yield 

15 is otherwise established for a covered commodity 

16 on a farm, the Secretary shall establish an ap17 propriate updated payment yield for the covered 

18 commodity on the farm under subparagraph (B). 

19 (B) USE OF SIMILARLY SITUATED FARMS.— 

20 To establish an appropriate payment yield for a 

21 covered commodity on a farm as required by 

22 subparagraph (A), the Secretary shall take into 

23 consideration the farm program payment yields 

24 applicable to that covered commodity for simi25 larly situated farms. The use of such data in an 


rfrederick on DSK6VPTVN1PROD with BILLS
33 

•HR 1947 RH

1 appeal, by the Secretary or by the producer, 

2 shall not be subject to any other provision of law. 

3 SEC. 1107. FARM RISK MANAGEMENT ELECTION. 

4 (a) IN GENERAL.— 

5 (1) PAYMENTS REQUIRED.—Except as provided 

6 in paragraph (2), if the Secretary determines that 

7 payments are required under subsection (b)(1) or 

8 (c)(2) for a covered commodity, the Secretary shall 

9 make payments for that covered commodity available 

10 under such subsection to producers on a farm pursu11 ant to the terms and conditions of this section. 

12 (2) PROHIBITION ON PAYMENTS; EXCEPTIONS.— 

13 Notwithstanding any other provision of this title, a 

14 producer on a farm may not receive price loss cov15 erage payments or revenue loss coverage payments if 

16 the sum of the planted acres of covered commodities 

17 on the farm is 10 acres or less, as determined by the 

18 Secretary, unless the producer is— 

19 (A) a socially disadvantaged farmer or 

20 rancher (as defined in section 355(e) of the Con21 solidated Farm and Rural Development Act (7 

22 U.S.C. 2003(e))); or 

23 (B) a limited resource farmer or rancher, as 

24 defined by the Secretary. 

25 (b) PRICE LOSS COVERAGE.— 


rfrederick on DSK6VPTVN1PROD with BILLS
34 

•HR 1947 RH

1 (1) PAYMENTS.—For each of the 2014 through 

2 2018 crop years, the Secretary shall make price loss 

3 coverage payments to producers on a farm for a cov4 ered commodity if the Secretary determines that— 

5 (A) the effective price for the covered com6 modity for the crop year; is less than 

7 (B) the reference price for the covered com8 modity for the crop year. 

9 (2) EFFECTIVE PRICE.—The effective price for a 

10 covered commodity for a crop year shall be the higher 

11 of— 

12 (A) the midseason price; or 

13 (B) the national average loan rate for a 

14 marketing assistance loan for the covered com15 modity in effect for crop years 2014 through 

16 2018 under subtitle B. 

17 (3) PAYMENT RATE.—The payment rate shall be 

18 equal to the difference between— 

19 (A) the reference price for the covered com20 modity; and 

21 (B) the effective price determined under 

22 paragraph (2) for the covered commodity. 

23 (4) PAYMENT AMOUNT.—If price loss coverage 

24 payments are required to be provided under this sub25 section for any of the 2014 through 2018 crop years 


rfrederick on DSK6VPTVN1PROD with BILLS
35 

•HR 1947 RH

1 for a covered commodity, the amount of the price loss 

2 coverage payment to be paid to the producers on a 

3 farm for the crop year shall be equal to the product 

4 obtained by multiplying— 

5 (A) the payment rate for the covered com6 modity under paragraph (3); 

7 (B) the payment yield for the covered com8 modity; and 

9 (C) the payment acres for the covered com10 modity. 

11 (5) TIME FOR PAYMENTS.—If the Secretary de12 termines under this subsection that price loss coverage 

13 payments are required to be provided for the covered 

14 commodity, the payments shall be made beginning 

15 October 1, or as soon as practicable thereafter, after 

16 the end of the applicable marketing year for the cov17 ered commodity. 

18 (6) SPECIAL RULE FOR BARLEY.—In deter19 mining the effective price for barley in paragraph (2), 

20 the Secretary shall use the all-barley price. 

21 (7) SPECIAL RULE FOR TEMPERATE JAPONICA

22 RICE.—The Secretary shall provide a reference price 

23 with respect to temperate japonica rice in an amount 

24 equal to 115 percent of the amount established in subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
36 

•HR 1947 RH

1 paragraphs (F) and (G) of section 1104(16) in order 

2 to reflect price premiums. 

3 (c) REVENUE LOSS COVERAGE.— 

4 (1) AVAILABLE AS AN ALTERNATIVE.—As an al5 ternative to receiving price loss coverage payments 

6 under subsection (b) for a covered commodity, all of 

7 the owners of the farm may make a one-time, irrev8 ocable election on a covered commodity-by-covered 

9 commodity basis to receive revenue loss coverage pay10 ments for each covered commodity in accordance with 

11 this subsection. If any of the owners of the farm make 

12 different elections on the same covered commodity on 

13 the farm, all of the owners of the farm shall be deemed 

14 to have not made the election available under this 

15 paragraph. 

16 (2) PAYMENTS.—In the case of owners of a farm 

17 that make the election described in paragraph (1) for 

18 a covered commodity, the Secretary shall make rev19 enue loss coverage payments available under this sub20 section for each of the 2014 through 2018 crop years 

21 if the Secretary determines that— 

22 (A) the actual county revenue for the crop 

23 year for the covered commodity; is less than 

24 (B) the county revenue loss coverage trigger 

25 for the crop year for the covered commodity. 


rfrederick on DSK6VPTVN1PROD with BILLS
37 

•HR 1947 RH

1 (3) TIME FOR PAYMENTS.—If the Secretary de2 termines under this subsection that revenue loss cov3 erage payments are required to be provided for the 

4 covered commodity, payments shall be made begin5 ning October 1, or as soon as practicable thereafter, 

6 after the end of the applicable marketing year for the 

7 covered commodity. 

8 (4) ACTUAL COUNTY REVENUE.—The amount of 

9 the actual county revenue for a crop year of a covered 

10 commodity shall be equal to the product obtained by 

11 multiplying— 

12 (A) the actual county yield, as determined 

13 by the Secretary, for each planted acre for the 

14 crop year for the covered commodity; and 

15 (B) the higher of— 

16 (i) the midseason price; or 

17 (ii) the national average loan rate for 

18 a marketing assistance loan for the covered 

19 commodity in effect for crop years 2014 

20 through 2018 under subtitle B. 

21 (5) COUNTY REVENUE LOSS COVERAGE TRIG22 GER.— 

23 (A) IN GENERAL.—The county revenue loss 

24 coverage trigger for a crop year for a covered 


rfrederick on DSK6VPTVN1PROD with BILLS
38 

•HR 1947 RH

1 commodity on a farm shall equal 85 percent of 

2 the benchmark county revenue. 

3 (B) BENCHMARK COUNTY REVENUE.— 

4 (i) IN GENERAL.—The benchmark 

5 county revenue shall be the product obtained 

6 by multiplying— 

7 (I) subject to clause (ii), the aver8 age historical county yield as deter9 mined by the Secretary for the most re10 cent 5 crop years, excluding each of the 

11 crop years with the highest and lowest 

12 yields; and 

13 (II) subject to clause (iii), the av14 erage national marketing year average 

15 price for the most recent 5 crop years, 

16 excluding each of the crop years with 

17 the highest and lowest prices. 

18 (ii) YIELD CONDITIONS.—If the histor19 ical county yield in clause (i)(I) for any of 

20 the 5 most recent crop years, as determined 

21 by the Secretary, is less than 70 percent of 

22 the transitional yield, as determined by the 

23 Secretary, the amounts used for any of those 

24 years in clause (i)(I) shall be 70 percent of 

25 the transitional yield. 


rfrederick on DSK6VPTVN1PROD with BILLS
39 

•HR 1947 RH

1 (iii) REFERENCE PRICE.—If the na2 tional marketing year average price in 

3 clause (i)(II) for any of the 5 most recent 

4 crop years is lower than the reference price 

5 for the covered commodity, the Secretary 

6 shall use the reference price for any of those 

7 years for the amounts in clause (i)(II). 

8 (6) PAYMENT RATE.—The payment rate shall be 

9 equal to the lesser of— 

10 (A) the difference between— 

11 (i) the county revenue loss coverage 

12 trigger for the covered commodity; and 

13 (ii) the actual county revenue for the 

14 crop year for the covered commodity; or 

15 (B) 10 percent of the benchmark county rev16 enue for the crop year for the covered commodity. 

17 (7) PAYMENT AMOUNT.—If revenue loss coverage 

18 payments under this subsection are required to be 

19 provided for any of the 2014 through 2018 crop years 

20 of a covered commodity, the amount of the revenue 

21 loss coverage payment to be provided to the producers 

22 on a farm for the crop year shall be equal to the prod23 uct obtained by multiplying— 

24 (A) the payment rate under paragraph (6); 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
40 

•HR 1947 RH

1 (B) the payment acres of the covered com2 modity on the farm. 

3 (8) DUTIES OF THE SECRETARY.—In providing 

4 revenue loss coverage payments under this subsection, 

5 the Secretary— 

6 (A) shall ensure that producers on a farm 

7 do not reconstitute the farm of the producers to 

8 void or change the election made under para9 graph (1); 

10 (B) to the maximum extent practicable, 

11 shall use all available information and analysis, 

12 including data mining, to check for anomalies in 

13 the provision of revenue loss coverage payments; 

14 (C) to the maximum extent practicable, 

15 shall calculate a separate county revenue loss 

16 coverage trigger for irrigated and nonirrigated 

17 covered commodities and a separate actual coun18 ty revenue for irrigated and nonirrigated covered 

19 commodities; 

20 (D) shall assign a benchmark county yield 

21 for each planted acre for the crop year for the 

22 covered commodity on the basis of the yield his23 tory of representative farms in the State, region, 

24 or crop reporting district, as determined by the 

25 Secretary, if— 


rfrederick on DSK6VPTVN1PROD with BILLS
41 

•HR 1947 RH

1 (i) the Secretary cannot establish the 

2 benchmark county yield for each planted 

3 acre for a crop year for a covered com4 modity in the county in accordance with 

5 paragraph (5); or 

6 (ii) the yield determined under para7 graph (5) is an unrepresentative average 

8 yield for the county (as determined by the 

9 Secretary); and 

10 (E) to the maximum extent practicable, 

11 shall ensure that in order to be eligible for a 

12 payment under this subsection, the producers on 

13 the farm suffered an actual loss on the covered 

14 commodity for the crop year for which payment 

15 is sought. 

16 (d) ANNUAL REPORT.—The Secretary shall submit to 

17 the Committee on Agriculture of the House of Representa18 tives and the Committee on Agriculture, Nutrition, and 

19 Forestry of the Senate a report annually containing an 

20 evaluation of the impact of price loss coverage and revenue 

21 loss coverage— 

22 (1) on the planting, production, price, and ex23 port of covered commodities; and 

24 (2) on the cost of each commodity program. 


rfrederick on DSK6VPTVN1PROD with BILLS
42 

•HR 1947 RH

1 SEC. 1108. PRODUCER AGREEMENTS. 

2 (a) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

3 (1) REQUIREMENTS.—Before the producers on a 

4 farm may receive payments under this subtitle with 

5 respect to the farm, the producers shall agree, during 

6 the crop year for which the payments are made and 

7 in exchange for the payments— 

8 (A) to comply with applicable conservation 

9 requirements under subtitle B of title XII of the 

10 Food Security Act of 1985 (16 U.S.C. 3811 et 

11 seq.); 

12 (B) to comply with applicable wetland pro13 tection requirements under subtitle C of title XII 

14 of that Act (16 U.S.C. 3821 et seq.); and 

15 (C) to effectively control noxious weeds and 

16 otherwise maintain the land in accordance with 

17 sound agricultural practices, as determined by 

18 the Secretary. 

19 (2) COMPLIANCE.—The Secretary may issue such 

20 rules as the Secretary considers necessary to ensure 

21 producer compliance with the requirements of para22 graph (1). 

23 (3) MODIFICATION.—At the request of the trans24 feree or owner, the Secretary may modify the require25 ments of this subsection if the modifications are conVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
43 

•HR 1947 RH

1 sistent with the objectives of this subsection, as deter2 mined by the Secretary. 

3 (b) TRANSFER OR CHANGE OF INTEREST IN FARM.— 

4 (1) TERMINATION.— 

5 (A) IN GENERAL.—Except as provided in 

6 paragraph (2), a transfer of (or change in) the 

7 interest of the producers on a farm for which 

8 payments under this subtitle are provided shall 

9 result in the termination of the payments, unless 

10 the transferee or owner of the acreage agrees to 

11 assume all obligations under subsection (a). 

12 (B) EFFECTIVE DATE.—The termination 

13 shall take effect on the date determined by the 

14 Secretary. 

15 (2) EXCEPTION.—If a producer entitled to a 

16 payment under this subtitle dies, becomes incom17 petent, or is otherwise unable to receive the payment, 

18 the Secretary shall make the payment in accordance 

19 with rules issued by the Secretary. 

20 (c) ACREAGE REPORTS.—As a condition on the receipt 

21 of any benefits under this subtitle or subtitle B, the Sec22 retary shall require producers on a farm to submit to the 

23 Secretary annual acreage reports with respect to all crop24 land on the farm. 


rfrederick on DSK6VPTVN1PROD with BILLS
44 

•HR 1947 RH

1 (d) TENANTS AND SHARECROPPERS.—In carrying out 

2 this subtitle, the Secretary shall provide adequate safe3 guards to protect the interests of tenants and sharecroppers. 

4 (e) SHARING OF PAYMENTS.—The Secretary shall pro5 vide for the sharing of payments made under this subtitle 

6 among the producers on a farm on a fair and equitable 

7 basis. 

8 SEC. 1109. PERIOD OF EFFECTIVENESS. 

9 This subtitle shall be effective beginning with the 2014 

10 crop year of each covered commodity through the 2018 crop 

11 year. 

12 Subtitle B—Marketing Loans 

13 SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING 

14 ASSISTANCE LOANS FOR LOAN COMMOD15 ITIES. 

16 (a) DEFINITION OF LOAN COMMODITY.—In this sub17 title, the term ‘‘loan commodity’’ means wheat, corn, grain 

18 sorghum, barley, oats, upland cotton, extra long staple cot19 ton, long grain rice, medium grain rice, peanuts, soybeans, 

20 other oilseeds, graded wool, nongraded wool, mohair, honey, 

21 dry peas, lentils, small chickpeas, and large chickpeas. 

22 (b) NONRECOURSE LOANS AVAILABLE.— 

23 (1) IN GENERAL.—For each of the 2014 through 

24 2018 crops of each loan commodity, the Secretary 

25 shall make available to producers on a farm nonVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
45 

•HR 1947 RH

1 recourse marketing assistance loans for loan commod2 ities produced on the farm. 

3 (2) TERMS AND CONDITIONS.—The marketing as4 sistance loans shall be made under terms and condi5 tions that are prescribed by the Secretary and at the 

6 loan rate established under section 1202 for the loan 

7 commodity. 

8 (c) ELIGIBLE PRODUCTION.—The producers on a farm 

9 shall be eligible for a marketing assistance loan under sub10 section (b) for any quantity of a loan commodity produced 

11 on the farm. 

12 (d) COMPLIANCE WITH CONSERVATION AND WET13 LANDS REQUIREMENTS.—As a condition of the receipt of 

14 a marketing assistance loan under subsection (b), the pro15 ducer shall comply with applicable conservation require16 ments under subtitle B of title XII of the Food Security 

17 Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland 

18 protection requirements under subtitle C of title XII of that 

19 Act (16 U.S.C. 3821 et seq.) during the term of the loan. 

20 (e) SPECIAL RULES FOR PEANUTS.— 

21 (1) IN GENERAL.—This subsection shall apply 

22 only to producers of peanuts. 

23 (2) OPTIONS FOR OBTAINING LOAN.—A mar24 keting assistance loan under this section, and loan de25 ficiency payments under section 1205, may be obVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
46 

•HR 1947 RH

1 tained at the option of the producers on a farm 

2 through— 

3 (A) a designated marketing association or 

4 marketing cooperative of producers that is ap5 proved by the Secretary; or 

6 (B) the Farm Service Agency. 

7 (3) STORAGE OF LOAN PEANUTS.—As a condi8 tion on the approval by the Secretary of an indi9 vidual or entity to provide storage for peanuts for 

10 which a marketing assistance loan is made under this 

11 section, the individual or entity shall agree— 

12 (A) to provide the storage on a nondiscrim13 inatory basis; and 

14 (B) to comply with such additional require15 ments as the Secretary considers appropriate to 

16 accomplish the purposes of this section and pro17 mote fairness in the administration of the bene18 fits of this section. 

19 (4) STORAGE, HANDLING, AND ASSOCIATED

20 COSTS.— 

21 (A) IN GENERAL.—To ensure proper storage 

22 of peanuts for which a loan is made under this 

23 section, the Secretary shall pay handling and 

24 other associated costs (other than storage costs) 

25 incurred at the time at which the peanuts are 


rfrederick on DSK6VPTVN1PROD with BILLS
47 

•HR 1947 RH

1 placed under loan, as determined by the Sec2 retary. 

3 (B) REDEMPTION AND FORFEITURE.—The 

4 Secretary shall— 

5 (i) require the repayment of handling 

6 and other associated costs paid under sub7 paragraph (A) for all peanuts pledged as 

8 collateral for a loan that is redeemed under 

9 this section; and 

10 (ii) pay storage, handling, and other 

11 associated costs for all peanuts pledged as 

12 collateral that are forfeited under this sec13 tion. 

14 (5) MARKETING.—A marketing association or co15 operative may market peanuts for which a loan is 

16 made under this section in any manner that conforms 

17 to consumer needs, including the separation of pea18 nuts by type and quality. 

19 (6) REIMBURSABLE AGREEMENTS AND PAYMENT

20 OF ADMINISTRATIVE EXPENSES.—The Secretary may 

21 implement any reimbursable agreements or provide 

22 for the payment of administrative expenses under this 

23 subsection only in a manner that is consistent with 

24 those activities in regard to other loan commodities. 


rfrederick on DSK6VPTVN1PROD with BILLS
48 

•HR 1947 RH

1 SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING 

2 ASSISTANCE LOANS. 

3 (a) IN GENERAL.—For purposes of each of the 2014 

4 through 2018 crop years, the loan rate for a marketing as5 sistance loan under section 1201 for a loan commodity shall 

6 be equal to the following: 

7 (1) In the case of wheat, $2.94 per bushel. 

8 (2) In the case of corn, $1.95 per bushel. 

9 (3) In the case of grain sorghum, $1.95 per bush10 el. 

11 (4) In the case of barley, $1.95 per bushel. 

12 (5) In the case of oats, $1.39 per bushel. 

13 (6) In the case of base quality of upland cotton, 

14 for the 2014 and each subsequent crop year, the sim15 ple average of the adjusted prevailing world price for 

16 the 2 immediately preceding marketing years, as de17 termined by the Secretary and announced October 1 

18 preceding the next domestic plantings, but in no case 

19 less than $0.47 per pound or more than $0.52 per 

20 pound. 

21 (7) In the case of extra long staple cotton, 

22 $0.7977 per pound. 

23 (8) In the case of long grain rice, $6.50 per hun24 dredweight. 

25 (9) In the case of medium grain rice, $6.50 per 

26 hundredweight. 


rfrederick on DSK6VPTVN1PROD with BILLS
49 

•HR 1947 RH

1 (10) In the case of soybeans, $5.00 per bushel. 

2 (11) In the case of other oilseeds, $10.09 per hun3 dredweight for each of the following kinds of oilseeds: 

4 (A) Sunflower seed. 

5 (B) Rapeseed. 

6 (C) Canola. 

7 (D) Safflower. 

8 (E) Flaxseed. 

9 (F) Mustard seed. 

10 (G) Crambe. 

11 (H) Sesame seed. 

12 (I) Other oilseeds designated by the Sec13 retary. 

14 (12) In the case of dry peas, $5.40 per hundred15 weight. 

16 (13) In the case of lentils, $11.28 per hundred17 weight. 

18 (14) In the case of small chickpeas, $7.43 per 

19 hundredweight. 

20 (15) In the case of large chickpeas, $11.28 per 

21 hundredweight. 

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

23 (17) In the case of nongraded wool, $0.40 per 

24 pound. 

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


rfrederick on DSK6VPTVN1PROD with BILLS
50 

•HR 1947 RH

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

2 (20) In the case of peanuts, $355 per ton. 

3 (b) SINGLE COUNTY LOAN RATE FOR OTHER OIL4 SEEDS.—The Secretary shall establish a single loan rate in 

5 each county for each kind of other oilseeds described in sub6 section (a)(11). 

7 SEC. 1203. TERM OF LOANS. 

8 (a) TERM OF LOAN.—In the case of each loan com9 modity, a marketing assistance loan under section 1201 

10 shall have a term of 9 months beginning on the first day 

11 of the first month after the month in which the loan is 

12 made. 

13 (b) EXTENSIONS PROHIBITED.—The Secretary may 

14 not extend the term of a marketing assistance loan for any 

15 loan commodity. 

16 SEC. 1204. REPAYMENT OF LOANS. 

17 (a) GENERAL RULE.—The Secretary shall permit the 

18 producers on a farm to repay a marketing assistance loan 

19 under section 1201 for a loan commodity (other than up20 land cotton, long grain rice, medium grain rice, extra long 

21 staple cotton, peanuts and confectionery and each other 

22 kind of sunflower seed (other than oil sunflower seed)) at 

23 a rate that is the lesser of— 

24 (1) the loan rate established for the commodity 

25 under section 1202, plus interest (determined in acVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
51 

•HR 1947 RH

1 cordance with section 163 of the Federal Agriculture 

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

3 7283)); 

4 (2) a rate (as determined by the Secretary) 

5 that— 

6 (A) is calculated based on average market 

7 prices for the loan commodity during the pre8 ceding 30-day period; and 

9 (B) will minimize discrepancies in mar10 keting loan benefits across State boundaries and 

11 across county boundaries; or 

12 (3) a rate that the Secretary may develop using 

13 alternative methods for calculating a repayment rate 

14 for a loan commodity that the Secretary determines 

15 will— 

16 (A) minimize potential loan forfeitures; 

17 (B) minimize the accumulation of stocks of 

18 the commodity by the Federal Government; 

19 (C) minimize the cost incurred by the Fed20 eral Government in storing the commodity; 

21 (D) allow the commodity produced in the 

22 United States to be marketed freely and competi23 tively, both domestically and internationally; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
52 

•HR 1947 RH

1 (E) minimize discrepancies in marketing 

2 loan benefits across State boundaries and across 

3 county boundaries. 

4 (b) REPAYMENT RATES FOR UPLAND COTTON, LONG

5 GRAIN RICE, AND MEDIUM GRAIN RICE.—The Secretary 

6 shall permit producers to repay a marketing assistance loan 

7 under section 1201 for upland cotton, long grain rice, and 

8 medium grain rice at a rate that is the lesser of— 

9 (1) the loan rate established for the commodity 

10 under section 1202, plus interest (determined in ac11 cordance with section 163 of the Federal Agriculture 

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

13 7283)); or 

14 (2) the prevailing world market price for the 

15 commodity, as determined and adjusted by the Sec16 retary in accordance with this section. 

17 (c) REPAYMENT RATES FOR EXTRA LONG STAPLE

18 COTTON.—Repayment of a marketing assistance loan for 

19 extra long staple cotton shall be at the loan rate established 

20 for the commodity under section 1202, plus interest (deter21 mined in accordance with section 163 of the Federal Agri22 culture Improvement and Reform Act of 1996 (7 U.S.C. 

23 7283)). 


rfrederick on DSK6VPTVN1PROD with BILLS
53 

•HR 1947 RH

1 (d) PREVAILING WORLD MARKET PRICE.—For pur2 poses of this section and section 1207, the Secretary shall 

3 prescribe by regulation— 

4 (1) a formula to determine the prevailing world 

5 market price for each of upland cotton, long grain 

6 rice, and medium grain rice; and 

7 (2) a mechanism by which the Secretary shall 

8 announce periodically those prevailing world market 

9 prices. 

10 (e) ADJUSTMENT OF PREVAILING WORLD MARKET

11 PRICE FOR UPLAND COTTON, LONG GRAIN RICE, AND ME12 DIUM GRAIN RICE.— 

13 (1) RICE.—The prevailing world market price 

14 for long grain rice and medium grain rice determined 

15 under subsection (d) shall be adjusted to United 

16 States quality and location. 

17 (2) COTTON.—The prevailing world market price 

18 for upland cotton determined under subsection (d)— 

19 (A) shall be adjusted to United States qual20 ity and location, with the adjustment to in21 clude— 

22 (i) a reduction equal to any United 

23 States Premium Factor for upland cotton of 

a quality higher than Middling (M) 13 24 ⁄32- 

25 inch; and 


rfrederick on DSK6VPTVN1PROD with BILLS
54 

•HR 1947 RH

1 (ii) the average costs to market the 

2 commodity, including average transpor3 tation costs, as determined by the Secretary; 

4 and 

5 (B) may be further adjusted, during the pe6 riod beginning on the date of enactment of this 

7 Act and ending on July 31, 2019, if the Sec8 retary determines the adjustment is necessary— 

9 (i) to minimize potential loan forfeit10 ures; 

11 (ii) to minimize the accumulation of 

12 stocks of upland cotton by the Federal Gov13 ernment; 

14 (iii) to ensure that upland cotton pro15 duced in the United States can be marketed 

16 freely and competitively, both domestically 

17 and internationally; and 

18 (iv) to ensure an appropriate transi19 tion between current-crop and forward-crop 

20 price quotations, except that the Secretary 

21 may use forward-crop price quotations 

22 prior to July 31 of a marketing year only 

23 if— 

24 (I) there are insufficient current25 crop price quotations; and 


rfrederick on DSK6VPTVN1PROD with BILLS
55 

•HR 1947 RH

1 (II) the forward-crop price 

2 quotation is the lowest such quotation 

3 available. 

4 (3) GUIDELINES FOR ADDITIONAL ADJUST5 MENTS.—In making adjustments under this sub6 section, the Secretary shall establish a mechanism for 

7 determining and announcing the adjustments in 

8 order to avoid undue disruption in the United States 

9 market. 

10 (f) REPAYMENT RATES FOR CONFECTIONERY AND

11 OTHER KINDS OF SUNFLOWER SEEDS.—The Secretary 

12 shall permit the producers on a farm to repay a marketing 

13 assistance loan under section 1201 for confectionery and 

14 each other kind of sunflower seed (other than oil sunflower 

15 seed) at a rate that is the lesser of— 

16 (1) the loan rate established for the commodity 

17 under section 1202, plus interest (determined in ac18 cordance with section 163 of the Federal Agriculture 

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

20 7283)); or 

21 (2) the repayment rate established for oil sun22 flower seed. 

23 (g) PAYMENT OF COTTON STORAGE COSTS.—Effective 

24 for each of the 2014 through 2018 crop years, the Secretary 

25 shall make cotton storage payments available in the same 


rfrederick on DSK6VPTVN1PROD with BILLS
56 

•HR 1947 RH

1 manner, and at the same rates as the Secretary provided 

2 storage payments for the 2006 crop of cotton, except that 

3 the rates shall be reduced by 10 percent. 

4 (h) REPAYMENT RATE FOR PEANUTS.—The Secretary 

5 shall permit producers on a farm to repay a marketing as6 sistance loan for peanuts under section 1201 at a rate that 

7 is the lesser of— 

8 (1) the loan rate established for peanuts under 

9 section 1202(a)(20), plus interest (determined in ac10 cordance with section 163 of the Federal Agriculture 

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

12 7283)); or 

13 (2) a rate that the Secretary determines will— 

14 (A) minimize potential loan forfeitures; 

15 (B) minimize the accumulation of stocks of 

16 peanuts by the Federal Government; 

17 (C) minimize the cost incurred by the Fed18 eral Government in storing peanuts; and 

19 (D) allow peanuts produced in the United 

20 States to be marketed freely and competitively, 

21 both domestically and internationally. 

22 (i) AUTHORITY TO TEMPORARILY ADJUST REPAYMENT

23 RATES.— 

24 (1) ADJUSTMENT AUTHORITY.—In the event of a 

25 severe disruption to marketing, transportation, or reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
57 

•HR 1947 RH

1 lated infrastructure, the Secretary may modify the re2 payment rate otherwise applicable under this section 

3 for marketing assistance loans under section 1201 for 

4 a loan commodity. 

5 (2) DURATION.—Any adjustment made under 

6 paragraph (1) in the repayment rate for marketing 

7 assistance loans for a loan commodity shall be in ef8 fect on a short-term and temporary basis, as deter9 mined by the Secretary. 

10 SEC. 1205. LOAN DEFICIENCY PAYMENTS. 

11 (a) AVAILABILITY OF LOAN DEFICIENCY PAYMENTS.— 

12 (1) IN GENERAL.—Except as provided in sub13 section (d), the Secretary may make loan deficiency 

14 payments available to producers on a farm that, al15 though eligible to obtain a marketing assistance loan 

16 under section 1201 with respect to a loan commodity, 

17 agree to forgo obtaining the loan for the commodity 

18 in return for loan deficiency payments under this sec19 tion. 

20 (2) UNSHORN PELTS, HAY, AND SILAGE.— 

21 (A) MARKETING ASSISTANCE LOANS.—Sub22 ject to subparagraph (B), nongraded wool in the 

23 form of unshorn pelts and hay and silage derived 

24 from a loan commodity are not eligible for a 

25 marketing assistance loan under section 1201. 


rfrederick on DSK6VPTVN1PROD with BILLS
58 

•HR 1947 RH

1 (B) LOAN DEFICIENCY PAYMENT.—Effective 

2 for the 2014 through 2018 crop years, the Sec3 retary may make loan deficiency payments 

4 available under this section to producers on a 

5 farm that produce unshorn pelts or hay and si6 lage derived from a loan commodity. 

7 (b) COMPUTATION.—A loan deficiency payment for a 

8 loan commodity or commodity referred to in subsection 

9 (a)(2) shall be equal to the product obtained by multi10 plying— 

11 (1) the payment rate determined under sub12 section (c) for the commodity; by 

13 (2) the quantity of the commodity produced by 

14 the eligible producers, excluding any quantity for 

15 which the producers obtain a marketing assistance 

16 loan under section 1201. 

17 (c) PAYMENT RATE.— 

18 (1) IN GENERAL.—In the case of a loan com19 modity, the payment rate shall be the amount by 

20 which— 

21 (A) the loan rate established under section 

22 1202 for the loan commodity; exceeds 

23 (B) the rate at which a marketing assist24 ance loan for the loan commodity may be repaid 

25 under section 1204. 


rfrederick on DSK6VPTVN1PROD with BILLS
59 

•HR 1947 RH

1 (2) UNSHORN PELTS.—In the case of unshorn 

2 pelts, the payment rate shall be the amount by 

3 which— 

4 (A) the loan rate established under section 

5 1202 for ungraded wool; exceeds 

6 (B) the rate at which a marketing assist7 ance loan for ungraded wool may be repaid 

8 under section 1204. 

9 (3) HAY AND SILAGE.—In the case of hay or si10 lage derived from a loan commodity, the payment 

11 rate shall be the amount by which— 

12 (A) the loan rate established under section 

13 1202 for the loan commodity from which the hay 

14 or silage is derived; exceeds 

15 (B) the rate at which a marketing assist16 ance loan for the loan commodity may be repaid 

17 under section 1204. 

18 (d) EXCEPTION FOR EXTRA LONG STAPLE COTTON.— 

19 This section shall not apply with respect to extra long staple 

20 cotton. 

21 (e) EFFECTIVE DATE FOR PAYMENT RATE DETER22 MINATION.—The Secretary shall determine the amount of 

23 the loan deficiency payment to be made under this section 

24 to the producers on a farm with respect to a quantity of 

25 a loan commodity or commodity referred to in subsection 


rfrederick on DSK6VPTVN1PROD with BILLS
60 

•HR 1947 RH

1 (a)(2) using the payment rate in effect under subsection (c) 

2 as of the date the producers request the payment. 

3 SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAY4 MENTS FOR GRAZED ACREAGE. 

5 (a) ELIGIBLE PRODUCERS.— 

6 (1) IN GENERAL.—Effective for the 2014 through 

7 2018 crop years, in the case of a producer that would 

8 be eligible for a loan deficiency payment under sec9 tion 1205 for wheat, barley, or oats, but that elects to 

10 use acreage planted to the wheat, barley, or oats for 

11 the grazing of livestock, the Secretary shall make a 

12 payment to the producer under this section if the pro13 ducer enters into an agreement with the Secretary to 

14 forgo any other harvesting of the wheat, barley, or 

15 oats on that acreage. 

16 (2) GRAZING OF TRITICALE ACREAGE.—Effective 

17 for the 2014 through 2018 crop years, with respect to 

18 a producer on a farm that uses acreage planted to 

19 triticale for the grazing of livestock, the Secretary 

20 shall make a payment to the producer under this sec21 tion if the producer enters into an agreement with the 

22 Secretary to forgo any other harvesting of triticale on 

23 that acreage. 

24 (b) PAYMENT AMOUNT.— 


rfrederick on DSK6VPTVN1PROD with BILLS
61 

•HR 1947 RH

1 (1) IN GENERAL.—The amount of a payment 

2 made under this section to a producer on a farm de3 scribed in subsection (a)(1) shall be equal to the 

4 amount determined by multiplying— 

5 (A) the loan deficiency payment rate deter6 mined under section 1205(c) in effect, as of the 

7 date of the agreement, for the county in which 

8 the farm is located; by 

9 (B) the payment quantity determined by 

10 multiplying— 

11 (i) the quantity of the grazed acreage 

12 on the farm with respect to which the pro13 ducer elects to forgo harvesting of wheat, 

14 barley, or oats; and 

15 (ii)(I) the payment yield in effect for 

16 the calculation of price loss coverage under 

17 subtitle A with respect to that loan com18 modity on the farm; or 

19 (II) in the case of a farm without a 

20 payment yield for that loan commodity, an 

21 appropriate yield established by the Sec22 retary in a manner consistent with section 

23 1106(c) of this Act. 

24 (2) GRAZING OF TRITICALE ACREAGE.—The 

25 amount of a payment made under this section to a 


rfrederick on DSK6VPTVN1PROD with BILLS
62 

•HR 1947 RH

1 producer on a farm described in subsection (a)(2) 

2 shall be equal to the amount determined by multi3 plying— 

4 (A) the loan deficiency payment rate deter5 mined under section 1205(c) in effect for wheat, 

6 as of the date of the agreement, for the county in 

7 which the farm is located; by 

8 (B) the payment quantity determined by 

9 multiplying— 

10 (i) the quantity of the grazed acreage 

11 on the farm with respect to which the pro12 ducer elects to forgo harvesting of triticale; 

13 and 

14 (ii)(I) the payment yield in effect for 

15 the calculation of price loss coverage under 

16 subtitle A with respect to wheat on the 

17 farm; or 

18 (II) in the case of a farm without a 

19 payment yield for wheat, an appropriate 

20 yield established by the Secretary in a man21 ner consistent with section 1106(c) of this 

22 Act. 

23 (c) TIME, MANNER, AND AVAILABILITY OF PAYMENT.— 

24 (1) TIME AND MANNER.—A payment under this 

25 section shall be made at the same time and in the 


rfrederick on DSK6VPTVN1PROD with BILLS
63 

•HR 1947 RH

1 same manner as loan deficiency payments are made 

2 under section 1205. 

3 (2) AVAILABILITY.— 

4 (A) IN GENERAL.—The Secretary shall es5 tablish an availability period for the payments 

6 authorized by this section. 

7 (B) CERTAIN COMMODITIES.—In the case of 

8 wheat, barley, and oats, the availability period 

9 shall be consistent with the availability period 

10 for the commodity established by the Secretary 

11 for marketing assistance loans authorized by this 

12 subtitle. 

13 (d) PROHIBITION ON CROP INSURANCE INDEMNITY OR

14 NONINSURED CROP ASSISTANCE.—A 2014 through 2018 

15 crop of wheat, barley, oats, or triticale planted on acreage 

16 that a producer elects, in the agreement required by sub17 section (a), to use for the grazing of livestock in lieu of any 

18 other harvesting of the crop shall not be eligible for an in19 demnity under a policy or plan of insurance authorized 

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

21 seq.) or noninsured crop assistance under section 196 of the 

22 Federal Agriculture Improvement and Reform Act of 1996 

23 (7 U.S.C. 7333). 


rfrederick on DSK6VPTVN1PROD with BILLS
64 

•HR 1947 RH

1 SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UP2 LAND COTTON. 

3 (a) SPECIAL IMPORT QUOTA.— 

4 (1) DEFINITION OF SPECIAL IMPORT QUOTA.—In 

5 this subsection, the term ‘‘special import quota’’ 

6 means a quantity of imports that is not subject to the 

7 over-quota tariff rate of a tariff-rate quota. 

8 (2) ESTABLISHMENT.— 

9 (A) IN GENERAL.—The President shall 

10 carry out an import quota program during the 

11 period beginning on August 1, 2014, and ending 

12 on July 31, 2019, as provided in this subsection. 

13 (B) PROGRAM REQUIREMENTS.—Whenever 

14 the Secretary determines and announces that for 

15 any consecutive 4-week period, the Friday 

16 through Thursday average price quotation for the 

17 lowest-priced United States growth, as quoted for 

Middling (M) 13 18 ⁄32-inch cotton, delivered to a de19 finable and significant international market, as 

20 determined by the Secretary, exceeds the pre21 vailing world market price, there shall imme22 diately be in effect a special import quota. 

23 (3) QUANTITY.—The quota shall be equal to the 

24 consumption during a 1-week period of cotton by do25 mestic mills at the seasonally adjusted average rate of 

26 the most recent 3 months for which official data of the 


rfrederick on DSK6VPTVN1PROD with BILLS
65 

•HR 1947 RH

1 Department of Agriculture are available or, in the ab2 sence of sufficient data, as estimated by the Secretary. 

3 (4) APPLICATION.—The quota shall apply to up4 land cotton purchased not later than 90 days after the 

5 date of the Secretary’s announcement under para6 graph (2) and entered into the United States not later 

7 than 180 days after that date. 

8 (5) OVERLAP.—A special quota period may be 

9 established that overlaps any existing quota period if 

10 required by paragraph (2), except that a special 

11 quota period may not be established under this sub12 section if a quota period has been established under 

13 subsection (b). 

14 (6) PREFERENTIAL TARIFF TREATMENT.—The 

15 quantity under a special import quota shall be con16 sidered to be an in-quota quantity for purposes of— 

17 (A) section 213(d) of the Caribbean Basin 

18 Economic Recovery Act (19 U.S.C. 2703(d)); 

19 (B) section 204 of the Andean Trade Pref20 erence Act (19 U.S.C. 3203); 

21 (C) section 503(d) of the Trade Act of 1974 

22 (19 U.S.C. 2463(d)); and 

23 (D) General Note 3(a)(iv) to the Har24 monized Tariff Schedule. 


rfrederick on DSK6VPTVN1PROD with BILLS
66 

•HR 1947 RH

1 (7) LIMITATION.—The quantity of cotton entered 

2 into the United States during any marketing year 

3 under the special import quota established under this 

4 subsection may not exceed the equivalent of 10 week’s 

5 consumption of upland cotton by domestic mills at 

6 the seasonally adjusted average rate of the 3 months 

7 immediately preceding the first special import quota 

8 established in any marketing year. 

9 (b) LIMITED GLOBAL IMPORT QUOTA FOR UPLAND

10 COTTON.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) DEMAND.—The term ‘‘demand’’ 

13 means— 

14 (i) the average seasonally adjusted an15 nual rate of domestic mill consumption of 

16 cotton during the most recent 3 months for 

17 which official data of the Department of Ag18 riculture are available or, in the absence of 

19 sufficient data, as estimated by the Sec20 retary; and 

21 (ii) the larger of— 

22 (I) average exports of upland cot23 ton during the preceding 6 marketing 

24 years; or 


rfrederick on DSK6VPTVN1PROD with BILLS
67 

•HR 1947 RH

1 (II) cumulative exports of upland 

2 cotton plus outstanding export sales for 

3 the marketing year in which the quota 

4 is established. 

5 (B) LIMITED GLOBAL IMPORT QUOTA.—The 

6 term ‘‘limited global import quota’’ means a 

7 quantity of imports that is not subject to the 

8 over-quota tariff rate of a tariff-rate quota. 

9 (C) SUPPLY.—The term ‘‘supply’’ means, 

10 using the latest official data of the Department 

11 of Agriculture— 

12 (i) the carry-over of upland cotton at 

13 the beginning of the marketing year (ad14 justed to 480-pound bales) in which the 

15 quota is established; 

16 (ii) production of the current crop; and 

17 (iii) imports to the latest date avail18 able during the marketing year. 

19 (2) PROGRAM.—The President shall carry out an 

20 import quota program that provides that whenever 

21 the Secretary determines and announces that the av22 erage price of the base quality of upland cotton, as de23 termined by the Secretary, in the designated spot 

24 markets for a month exceeded 130 percent of the aver25 age price of the quality of cotton in the markets for 


rfrederick on DSK6VPTVN1PROD with BILLS
68 

•HR 1947 RH

1 the preceding 36 months, notwithstanding any other 

2 provision of law, there shall immediately be in effect 

3 a limited global import quota subject to the following 

4 conditions: 

5 (A) QUANTITY.—The quantity of the quota 

6 shall be equal to 21 days of domestic mill con7 sumption of upland cotton at the seasonally ad8 justed average rate of the most recent 3 months 

9 for which official data of the Department of Ag10 riculture are available or, in the absence of suffi11 cient data, as estimated by the Secretary. 

12 (B) QUANTITY IF PRIOR QUOTA.—If a quota 

13 has been established under this subsection during 

14 the preceding 12 months, the quantity of the 

15 quota next established under this subsection shall 

16 be the smaller of 21 days of domestic mill con17 sumption calculated under subparagraph (A) or 

18 the quantity required to increase the supply to 

19 130 percent of the demand. 

20 (C) PREFERENTIAL TARIFF TREATMENT.— 

21 The quantity under a limited global import 

22 quota shall be considered to be an in-quota quan23 tity for purposes of— 


rfrederick on DSK6VPTVN1PROD with BILLS
69 

•HR 1947 RH

1 (i) section 213(d) of the Caribbean 

2 Basin Economic Recovery Act (19 U.S.C. 

3 2703(d)); 

4 (ii) section 204 of the Andean Trade 

5 Preference Act (19 U.S.C. 3203); 

6 (iii) section 503(d) of the Trade Act of 

7 1974 (19 U.S.C. 2463(d)); and 

8 (iv) General Note 3(a)(iv) to the Har9 monized Tariff Schedule. 

10 (D) QUOTA ENTRY PERIOD.—When a quota 

11 is established under this subsection, cotton may 

12 be entered under the quota during the 90-day pe13 riod beginning on the date the quota is estab14 lished by the Secretary. 

15 (3) NO OVERLAP.—Notwithstanding paragraph 

16 (2), a quota period may not be established that over17 laps an existing quota period or a special quota pe18 riod established under subsection (a). 

19 (c) ECONOMIC ADJUSTMENT ASSISTANCE TO USERS

20 OF UPLAND COTTON.— 

21 (1) IN GENERAL.—Subject to paragraph (2), the 

22 Secretary shall, on a monthly basis, make economic 

23 adjustment assistance available to domestic users of 

24 upland cotton in the form of payments for all docu25 mented use of that upland cotton during the previous 


rfrederick on DSK6VPTVN1PROD with BILLS
70 

•HR 1947 RH

1 monthly period regardless of the origin of the upland 

2 cotton. 

3 (2) VALUE OF ASSISTANCE.—Effective beginning 

4 on August 1, 2013, the value of the assistance pro5 vided under paragraph (1) shall be 3 cents per pound. 

6 (3) ALLOWABLE PURPOSES.—Economic adjust7 ment assistance under this subsection shall be made 

8 available only to domestic users of upland cotton that 

9 certify that the assistance shall be used only to ac10 quire, construct, install, modernize, develop, convert, 

11 or expand land, plant, buildings, equipment, facili12 ties, or machinery. 

13 (4) REVIEW OR AUDIT.—The Secretary may con14 duct such review or audit of the records of a domestic 

15 user under this subsection as the Secretary determines 

16 necessary to carry out this subsection. 

17 (5) IMPROPER USE OF ASSISTANCE.—If the Sec18 retary determines, after a review or audit of the 

19 records of the domestic user, that economic adjustment 

20 assistance under this subsection was not used for the 

21 purposes specified in paragraph (3), the domestic user 

22 shall be— 

23 (A) liable for the repayment of the assist24 ance to the Secretary, plus interest, as deter25 mined by the Secretary; and 


rfrederick on DSK6VPTVN1PROD with BILLS
71 

•HR 1947 RH

1 (B) ineligible to receive assistance under 

2 this subsection for a period of 1 year following 

3 the determination of the Secretary. 

4 SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA 

5 LONG STAPLE COTTON. 

6 (a) COMPETITIVENESS PROGRAM.—Notwithstanding 

7 any other provision of law, during the period beginning on 

8 the date of enactment of this Act through July 31, 2019, 

9 the Secretary shall carry out a program— 

10 (1) to maintain and expand the domestic use of 

11 extra long staple cotton produced in the United 

12 States; 

13 (2) to increase exports of extra long staple cotton 

14 produced in the United States; and 

15 (3) to ensure that extra long staple cotton pro16 duced in the United States remains competitive in 

17 world markets. 

18 (b) PAYMENTS UNDER PROGRAM; TRIGGER.—Under 

19 the program, the Secretary shall make payments available 

20 under this section whenever— 

21 (1) for a consecutive 4-week period, the world 

22 market price for the lowest priced competing growth 

23 of extra long staple cotton (adjusted to United States 

24 quality and location and for other factors affecting 

25 the competitiveness of such cotton), as determined by 


rfrederick on DSK6VPTVN1PROD with BILLS
72 

•HR 1947 RH

1 the Secretary, is below the prevailing United States 

2 price for a competing growth of extra long staple cot3 ton; and 

4 (2) the lowest priced competing growth of extra 

5 long staple cotton (adjusted to United States quality 

6 and location and for other factors affecting the com7 petitiveness of such cotton), as determined by the Sec8 retary, is less than 134 percent of the loan rate for 

9 extra long staple cotton. 

10 (c) ELIGIBLE RECIPIENTS.—The Secretary shall make 

11 payments available under this section to domestic users of 

12 extra long staple cotton produced in the United States and 

13 exporters of extra long staple cotton produced in the United 

14 States that enter into an agreement with the Commodity 

15 Credit Corporation to participate in the program under 

16 this section. 

17 (d) PAYMENT AMOUNT.—Payments under this section 

18 shall be based on the amount of the difference in the prices 

19 referred to in subsection (b)(1) during the fourth week of 

20 the consecutive 4-week period multiplied by the amount of 

21 documented purchases by domestic users and sales for ex22 port by exporters made in the week following such a con23 secutive 4-week period. 


rfrederick on DSK6VPTVN1PROD with BILLS
73 

•HR 1947 RH

1 SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH 

2 MOISTURE FEED GRAINS AND SEED COTTON. 

3 (a) HIGH MOISTURE FEED GRAINS.— 

4 (1) DEFINITION OF HIGH MOISTURE STATE.—In 

5 this subsection, the term ‘‘high moisture state’’ means 

6 corn or grain sorghum having a moisture content in 

7 excess of Commodity Credit Corporation standards 

8 for marketing assistance loans made by the Secretary 

9 under section 1201. 

10 (2) RECOURSE LOANS AVAILABLE.—For each of 

11 the 2014 through 2018 crops of corn and grain sor12 ghum, the Secretary shall make available recourse 

13 loans, as determined by the Secretary, to producers on 

14 a farm that— 

15 (A) normally harvest all or a portion of 

16 their crop of corn or grain sorghum in a high 

17 moisture state; 

18 (B) present— 

19 (i) certified scale tickets from an in20 spected, certified commercial scale, includ21 ing a licensed warehouse, feedlot, feed mill, 

22 distillery, or other similar entity approved 

23 by the Secretary, pursuant to regulations 

24 issued by the Secretary; or 

25 (ii) field or other physical measure26 ments of the standing or stored crop in reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
74 

•HR 1947 RH

1 gions of the United States, as determined by 

2 the Secretary, that do not have certified 

3 commercial scales from which certified scale 

4 tickets may be obtained within reasonable 

5 proximity of harvest operation; 

6 (C) certify that the producers on the farm 

7 were the owners of the feed grain at the time of 

8 delivery to, and that the quantity to be placed 

9 under loan under this subsection was in fact 

10 harvested on the farm and delivered to, a feedlot, 

11 feed mill, or commercial or on-farm high-mois12 ture storage facility, or to a facility maintained 

13 by the users of corn and grain sorghum in a 

14 high moisture state; and 

15 (D) comply with deadlines established by 

16 the Secretary for harvesting the corn or grain 

17 sorghum and submit applications for loans 

18 under this subsection within deadlines estab19 lished by the Secretary. 

20 (3) ELIGIBILITY OF ACQUIRED FEED GRAINS.— 

21 A loan under this subsection shall be made on a 

22 quantity of corn or grain sorghum of the same crop 

23 acquired by the producer equivalent to a quantity de24 termined by multiplying— 


rfrederick on DSK6VPTVN1PROD with BILLS
75 

•HR 1947 RH

1 (A) the acreage of the corn or grain sor2 ghum in a high moisture state harvested on the 

3 farm of the producer; by 

4 (B) the lower of the farm program payment 

5 yield used to make payments under subtitle A or 

6 the actual yield on a field, as determined by the 

7 Secretary, that is similar to the field from which 

8 the corn or grain sorghum was obtained. 

9 (b) RECOURSE LOANS AVAILABLE FOR SEED COT10 TON.—For each of the 2014 through 2018 crops of upland 

11 cotton and extra long staple cotton, the Secretary shall make 

12 available recourse seed cotton loans, as determined by the 

13 Secretary, on any production. 

14 (c) REPAYMENT RATES.—Repayment of a recourse 

15 loan made under this section shall be at the loan rate estab16 lished for the commodity by the Secretary, plus interest (de17 termined in accordance with section 163 of the Federal Ag18 riculture Improvement and Reform Act of 1996 (7 U.S.C. 

19 7283)). 

20 SEC. 1210. ADJUSTMENTS OF LOANS. 

21 (a) ADJUSTMENT AUTHORITY.—Subject to subsection 

22 (e), the Secretary may make appropriate adjustments in 

23 the loan rates for any loan commodity (other than cotton) 

24 for differences in grade, type, quality, location, and other 

25 factors. 


rfrederick on DSK6VPTVN1PROD with BILLS
76 

•HR 1947 RH

1 (b) MANNER OF ADJUSTMENT.—The adjustments 

2 under subsection (a) shall, to the maximum extent prac3 ticable, be made in such a manner that the average loan 

4 level for the commodity will, on the basis of the anticipated 

5 incidence of the factors, be equal to the level of support de6 termined in accordance with this subtitle and subtitle C. 

7 (c) ADJUSTMENT ON COUNTY BASIS.— 

8 (1) IN GENERAL.—The Secretary may establish 

9 loan rates for a crop for producers in individual 

10 counties in a manner that results in the lowest loan 

11 rate being 95 percent of the national average loan 

12 rate, if those loan rates do not result in an increase 

13 in outlays. 

14 (2) PROHIBITION.—Adjustments under this sub15 section shall not result in an increase in the national 

16 average loan rate for any year. 

17 (d) ADJUSTMENT IN LOAN RATE FOR COTTON.— 

18 (1) IN GENERAL.—The Secretary may make ap19 propriate adjustments in the loan rate for cotton for 

20 differences in quality factors. 

21 (2) TYPES OF ADJUSTMENTS.—Loan rate adjust22 ments under paragraph (1) may include— 

23 (A) the use of non-spot market price data, 

24 in addition to spot market price data, that 

25 would enhance the accuracy of the price informaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
77 

•HR 1947 RH

1 tion used in determining quality adjustments 

2 under this subsection; 

3 (B) adjustments in the premiums or dis4 counts associated with upland cotton with a sta5 ple length of 33 or above due to micronaire with 

6 the goal of eliminating any unnecessary artifi7 cial splits in the calculations of the premiums or 

8 discounts; and 

9 (C) such other adjustments as the Secretary 

10 determines appropriate, after consultations con11 ducted in accordance with paragraph (3). 

12 (3) CONSULTATION WITH PRIVATE SECTOR.— 

13 (A) PRIOR TO REVISION.—In making ad14 justments to the loan rate for cotton (including 

15 any review of the adjustments) as provided in 

16 this subsection, the Secretary shall consult with 

17 representatives of the United States cotton indus18 try. 

19 (B) INAPPLICABILITY OF FEDERAL ADVI20 SORY COMMITTEE ACT.—The Federal Advisory 

21 Committee Act (5 U.S.C. App.) shall not apply 

22 to consultations under this subsection. 

23 (4) REVIEW OF ADJUSTMENTS.—The Secretary 

24 may review the operation of the upland cotton quality 

25 adjustments implemented pursuant to this subsection 


rfrederick on DSK6VPTVN1PROD with BILLS
78 

•HR 1947 RH

1 and may make further adjustments to the administra2 tion of the loan program for upland cotton, by revok3 ing or revising any adjustment taken under para4 graph (2). 

5 (e) RICE.—The Secretary shall not make adjustments 

6 in the loan rates for long grain rice and medium grain 

7 rice, except for differences in grade and quality (including 

8 milling yields). 

9 Subtitle C—Sugar 

10 SEC. 1301. SUGAR PROGRAM. 

11 (a) CONTINUATION OF CURRENT PROGRAM AND LOAN

12 RATES.— 

13 (1) SUGARCANE.—Section 156(a)(5) of the Fed14 eral Agriculture Improvement and Reform Act of 

15 1996 (7 U.S.C. 7272(a)(5)) is amended by striking 

16 ‘‘the 2012 crop year’’ and inserting ‘‘each of the 2012 

17 through 2018 crop years’’. 

18 (2) SUGAR BEETS.—Section 156(b)(2) of the 

19 Federal Agriculture Improvement and Reform Act of 

20 1996 (7 U.S.C. 7272(b)(2)) is amended by striking 

21 ‘‘2012’’ and inserting ‘‘2018’’. 

22 (3) EFFECTIVE PERIOD.—Section 156(i) of the 

23 Federal Agriculture Improvement and Reform Act of 

24 1996 (7 U.S.C. 7272(i)) is amended by striking 

25 ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
79 

•HR 1947 RH

1 (b) FLEXIBLE MARKETING ALLOTMENTS FOR

2 SUGAR.— 

3 (1) SUGAR ESTIMATES.—Section 359b(a)(1) of 

4 the Agricultural Adjustment Act of 1938 (7 U.S.C. 

5 1359bb(a)(1)) is amended by striking ‘‘2012’’ and in6 serting ‘‘2018’’. 

7 (2) EFFECTIVE PERIOD.—Section 359l(a) of the 

8 Agricultural Adjustment Act of 1938 (7 U.S.C. 

9 1359ll(a)) is amended by striking ‘‘2012’’ and insert10 ing ‘‘2018’’. 

11 Subtitle D—Dairy 

12 PART I—DAIRY PRODUCER MARGIN PROTECTION 

13 AND DAIRY MARKET STABILIZATION PROGRAMS 

14 SEC. 1401. DEFINITIONS. 

15 In this part: 

16 (1) ACTUAL DAIRY PRODUCER MARGIN.—The 

17 term ‘‘actual dairy producer margin’’ means the dif18 ference between the all-milk price and the average feed 

19 cost, as calculated under section 1402. 

20 (2) ALL-MILK PRICE.—The term ‘‘all-milk price’’ 

21 means the average price received, per hundredweight 

22 of milk, by dairy producers for all milk sold to plants 

23 and dealers in the United States, as determined by 

24 the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
80 

•HR 1947 RH

1 (3) ANNUAL PRODUCTION HISTORY.—The term 

2 ‘‘annual production history’’ means the production 

3 history determined for a participating dairy producer 

4 under section 1413(b) whenever the dairy producer 

5 purchases supplemental margin protection. 

6 (4) AVERAGE FEED COST.—The term ‘‘average 

7 feed cost’’ means the average cost of feed used by a 

8 dairy operation to produce a hundredweight of milk, 

9 determined under section 1402 using the sum of the 

10 following: 

11 (A) The product determined by multiplying 

12 1.0728 by the price of corn per bushel. 

13 (B) The product determined by multiplying 

14 0.00735 by the price of soybean meal per ton. 

15 (C) The product determined by multiplying 

16 0.0137 by the price of alfalfa hay per ton. 

17 (5) BASIC PRODUCTION HISTORY.—The term 

18 ‘‘basic production history’’ means the production his19 tory determined for a participating dairy producer 

20 under section 1413(a) for provision of basic margin 

21 protection. 

22 (6) CONSECUTIVE TWO-MONTH PERIOD.—The 

23 term ‘‘consecutive two-month period’’ refers to the 

24 two-month period consisting of the months of Janu25 ary and February, March and April, May and June, 


rfrederick on DSK6VPTVN1PROD with BILLS
81 

•HR 1947 RH

1 July and August, September and October, or Novem2 ber and December, respectively. 

3 (7) DAIRY PRODUCER.— 

4 (A) IN GENERAL.—Subject to subparagraph 

5 (B), the term ‘‘dairy producer’’ means an indi6 vidual or entity that directly or indirectly (as 

7 determined by the Secretary)— 

8 (i) shares in the risk of producing 

9 milk; and 

10 (ii) makes contributions (including 

11 land, labor, management, equipment, or 

12 capital) to the dairy operation of the indi13 vidual or entity that are at least commensu14 rate with the share of the individual or en15 tity of the proceeds of the operation. 

16 (B) ADDITIONAL OWNERSHIP STRUC17 TURES.—The Secretary shall determine addi18 tional ownership structures to be covered by the 

19 definition of dairy producer. 

20 (8) HANDLER.— 

21 (A) IN GENERAL.—The term ‘‘handler’’ 

22 means the initial individual or entity making 

23 payment to a dairy producer for milk produced 

24 in the United States and marketed for commer25 cial use. 


rfrederick on DSK6VPTVN1PROD with BILLS
82 

•HR 1947 RH

1 (B) PRODUCER-HANDLER.—The term in2 cludes a ‘‘producer-handler’’ when the producer 

3 satisfies the definition in subparagraph (A). 

4 (9) MARGIN PROTECTION PROGRAM.—The term 

5 ‘‘margin protection program’’ means the dairy pro6 ducer margin protection program required by subpart 

7 A. 

8 (10) PARTICIPATING DAIRY PRODUCER.—The 

9 term ‘‘participating dairy producer’’ means a dairy 

10 producer that— 

11 (A) signs up under section 1412 to partici12 pate in the margin protection program under 

13 subpart A; and 

14 (B) as a result, also participates in the sta15 bilization program under subpart B. 

16 (11) STABILIZATION PROGRAM.—The term ‘‘sta17 bilization program’’ means the dairy market sta18 bilization program required by subpart B for all par19 ticipating dairy producers. 

20 (12) STABILIZATION PROGRAM BASE.—The term 

21 ‘‘stabilization program base’’, with respect to a par22 ticipating dairy producer, means the stabilization 

23 program base calculated for the producer under sec24 tion 1431(b). 


rfrederick on DSK6VPTVN1PROD with BILLS
83 

•HR 1947 RH

1 (13) UNITED STATES.—The term ‘‘United 

2 States’’, in a geographical sense, means the 50 States, 

3 the District of Columbia, American Samoa, Guam, 

4 the Commonwealth of the Northern Mariana Islands, 

5 the Commonwealth of Puerto Rico, the Virgin Islands 

6 of the United States, and any other territory or pos7 session of the United States. 

8 SEC. 1402. CALCULATION OF AVERAGE FEED COST AND AC9 TUAL DAIRY PRODUCER MARGINS. 

10 (a) CALCULATION OF AVERAGE FEED COST.—The Sec11 retary shall calculate the national average feed cost for each 

12 month using the following data: 

13 (1) The price of corn for a month shall be the 

14 price received during that month by farmers in the 

15 United States for corn, as reported in the monthly 

16 Agricultural Prices report by the Secretary. 

17 (2) The price of soybean meal for a month shall 

18 be the central Illinois price for soybean meal, as re19 ported in the Market News-Monthly Soybean Meal 

20 Price Report by the Secretary. 

21 (3) The price of alfalfa hay for a month shall be 

22 the price received during that month by farmers in 

23 the United States for alfalfa hay, as reported in the 

24 monthly Agricultural Prices report by the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
84 

•HR 1947 RH

1 (b) CALCULATION OF ACTUAL DAIRY PRODUCER MAR2 GINS.— 

3 (1) MARGIN PROTECTION PROGRAM.—For use in 

4 the margin protection program under subpart A, the 

5 Secretary shall calculate the actual dairy producer 

6 margin for each consecutive two-month period by sub7 tracting— 

8 (A) the average feed cost for that consecutive 

9 two-month period, determined in accordance 

10 with subsection (a); from 

11 (B) the all-milk price for that consecutive 

12 two-month period. 

13 (2) STABILIZATION PROGRAM.—For use in the 

14 stabilization program under subpart B, the Secretary 

15 shall calculate each month the actual dairy producer 

16 margin for the preceding month by subtracting— 

17 (A) the average feed cost for that preceding 

18 month, determined in accordance with subsection 

19 (a); from 

20 (B) the all-milk price for that preceding 

21 month. 

22 (3) TIME FOR CALCULATIONS.—The calculations 

23 required by paragraphs (1) and (2) shall be made as 

24 soon as practicable each month using the full month 

25 price of the applicable reference month, but in no case 


rfrederick on DSK6VPTVN1PROD with BILLS
85 

•HR 1947 RH

1 shall the calculation be made later than the last busi2 ness day of the month. 

3 Subpart A—Dairy Producer Margin Protection 

4 Program 

5 SEC. 1411. ESTABLISHMENT OF DAIRY PRODUCER MARGIN 

6 PROTECTION PROGRAM. 

7 The Secretary shall establish and administer a dairy 

8 producer margin protection program for the purpose of pro9 tecting dairy producer income by paying participating 

10 dairy producers— 

11 (1) basic margin protection payments when ac12 tual dairy producer margins are less than the thresh13 old levels for such payments; and 

14 (2) supplemental margin protection payments if 

15 purchased by a participating dairy producer. 

16 SEC. 1412. PARTICIPATION OF DAIRY PRODUCERS IN MAR17 GIN PROTECTION PROGRAM. 

18 (a) ELIGIBILITY.—All dairy producers in the United 

19 States are eligible to participate in the margin protection 

20 program, except that a dairy producer must sign up with 

21 the Secretary before the producer may receive— 

22 (1) basic margin protection payments under sec23 tion 1414; and 


rfrederick on DSK6VPTVN1PROD with BILLS
86 

•HR 1947 RH

1 (2) if the dairy producer purchases supplemental 

2 margin protection under section 1415, supplemental 

3 margin protection payments under such section. 

4 (b) SIGN-UP PROCESS.— 

5 (1) IN GENERAL.—The Secretary shall allow all 

6 interested dairy producers to sign up to participate 

7 in the margin protection program. The Secretary 

8 shall specify the manner and form by which a dairy 

9 producer must sign up to participate in the margin 

10 protection program. 

11 (2) TREATMENT OF MULTI-PRODUCER OPER12 ATIONS.—If a dairy operation consists of more than 

13 one dairy producer, all of the dairy producers of the 

14 operation shall be treated as a single dairy producer 

15 for purposes of— 

16 (A) registration to receive basic margin pro17 tection and purchase supplemental margin pro18 tection; 

19 (B) payment of the administrative fee 

20 under subsection (e) and producer premiums 

21 under section 1415; and 

22 (C) participation in the stabilization pro23 gram under subpart B. 

24 (3) TREATMENT OF PRODUCERS WITH MULTIPLE

25 DAIRY OPERATIONS.—If a dairy producer operates 


rfrederick on DSK6VPTVN1PROD with BILLS
87 

•HR 1947 RH

1 two or more dairy operations, each dairy operation 

2 of the producer shall require a separate registration 

3 to receive basic margin protection and purchase sup4 plemental margin protection. Only those dairy oper5 ations so registered shall be subject to the stabilization 

6 program. 

7 (c) TIME FOR SIGN UP.— 

8 (1) EXISTING DAIRY PRODUCERS.—During the 

9 one-year period beginning on the date of the initi10 ation of the sign-up period for the margin protection 

11 program, a dairy producer that is actively engaged in 

12 a dairy operation as of such date may sign up with 

13 the Secretary— 

14 (A) to receive basic margin protection; and 

15 (B) if the producer elects, to purchase sup16 plemental margin protection. 

17 (2) NEW ENTRANTS.—A dairy producer that has 

18 no existing interest in a dairy operation as of the 

19 date of the initiation of the sign-up period for the 

20 margin protection program, but that, after such date, 

21 establishes a new dairy operation, may sign up with 

22 the Secretary during the one year period beginning 

23 on the date on which the dairy operation first mar24 kets milk commercially— 

25 (A) to receive basic margin protection; and 


rfrederick on DSK6VPTVN1PROD with BILLS
88 

•HR 1947 RH

1 (B) if the producer elects, to purchase sup2 plemental margin protection. 

3 (d) RETROACTIVITY PROVISION.— 

4 (1) NOTICE OF AVAILABILITY OF RETROACTIVE

5 PROTECTION.—Not later than 30 days after the effec6 tive date of this subtitle, the Secretary shall publish 

7 a notice in the Federal Register to inform dairy pro8 ducers of the availability of retroactive basic margin 

9 protection and retroactive supplemental margin pro10 tection, subject to the condition that interested pro11 ducers must file a notice of intent (in such form and 

12 manner as the Secretary specifies in the Federal Reg13 ister notice)— 

14 (A) to participate in the margin protection 

15 program and receive basic margin protection; 

16 and 

17 (B) at the election of the producer under 

18 paragraph (3), to also obtain supplemental mar19 gin protection. 

20 (2) RETROACTIVE BASIC MARGIN PROTECTION.— 

21 (A) AVAILABILITY.—If a dairy producer 

22 files a notice of intent under paragraph (1) to 

23 participate in the margin protection program 

24 before the initiation of the sign-up period for the 

25 margin protection program and subsequently 


rfrederick on DSK6VPTVN1PROD with BILLS
89 

•HR 1947 RH

1 signs up for the margin protection program, the 

2 producer shall receive basic margin protection 

3 retroactive to the effective date of this subtitle. 

4 (B) DURATION.—Retroactive basic margin 

5 protection under this paragraph for a dairy pro6 ducer shall apply from the effective date of this 

7 subtitle until the date on which the producer 

8 signs up for the margin protection program. 

9 (3) RETROACTIVE SUPPLEMENTAL MARGIN PRO10 TECTION.— 

11 (A) AVAILABILITY.—Subject to subpara12 graphs (B) and (C), if a dairy producer files a 

13 notice of intent under paragraph (1) to partici14 pate in the margin protection program and ob15 tain supplemental margin protection and subse16 quently signs up for the margin protection pro17 gram, the producer shall receive supplemental 

18 margin protection, in addition to the basic mar19 gin protection under paragraph (2), retroactive 

20 to the effective date of this subtitle. 

21 (B) DEADLINE FOR SUBMISSION.—A notice 

22 of intent to obtain retroactive supplemental mar23 gin protection must be filed with the Secretary 

24 no later than the earlier of the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
90 

•HR 1947 RH

1 (i) 150 days after the date on which 

2 the Secretary publishes the notice in the 

3 Federal Register required by paragraph (1). 

4 (ii) The date on which the Secretary 

5 initiates the sign up period for the margin 

6 protection program. 

7 (C) ELECTION OF COVERAGE LEVEL AND

8 PERCENTAGE OF COVERAGE.—To be sufficient to 

9 obtain retroactive supplemental margin protec10 tion, the notice of intent to participate filed by 

11 a dairy producer must specify— 

12 (i) a selected coverage level that is 

13 higher, in any increment of $0.50, than the 

14 payment threshold for basic margin protec15 tion specified in section 1414(b), but not to 

16 exceed $6.00; and 

17 (ii) the percentage of coverage, subject 

18 to limits imposed in section 1415(c). 

19 (D) DURATION.—The coverage level and 

20 percentage specified in the notice of intent to 

21 participate filed by a dairy producer shall apply 

22 from the effective date of this subtitle until the 

23 later of the following: 

24 (i) October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
91 

•HR 1947 RH

1 (ii) The date on which the Secretary 

2 initiates the sign-up period for the margin 

3 protection program. 

4 (4) NOTICE OF INTENT AND OBLIGATION TO PAR5 TICIPATE IN MARGIN PROTECTION PROGRAM.—In no 

6 way does filing a notice of intent under this sub7 section obligate a dairy producer to sign up for the 

8 margin protection program once the program rules 

9 are final, but if a producer does file a notice of intent 

10 and subsequently signs up for the margin protection 

11 program, that dairy producer is obligated to pay fees 

12 and premiums for any retroactive basic margin pro13 tection or retroactive supplemental margin protection 

14 selected in the notice of intent. 

15 (e) ADMINISTRATIVE FEE.— 

16 (1) ADMINISTRATIVE FEE REQUIRED.—A dairy 

17 producer shall pay an administrative fee under this 

18 subsection to sign up to participate in the margin 

19 protection program. The participating dairy producer 

20 shall pay the administrative fee annually thereafter to 

21 continue to participate in the margin protection pro22 gram. 

23 (2) FEE AMOUNT.—The administrative fee for a 

24 participating dairy producer for a calendar year is 

25 based on the pounds of milk (in millions) marketed 


rfrederick on DSK6VPTVN1PROD with BILLS
92 

•HR 1947 RH

1 by the dairy producer in the previous calendar year, 

2 as follows: 

Pounds Marketed (in millions) Admin. Fee 

less than 1 $100 

1 to 10 $250 

more than 10 to 40 $500 

more than 40 $1000 

3 (3) DEPOSIT OF FEES.—All administrative fees 

4 collected under this subsection shall be credited to the 

5 fund or account used to cover the costs incurred to ad6 minister the margin protection program and the sta7 bilization program and shall be available to the Sec8 retary, without further appropriation and until ex9 pended, for use or transfer as provided in paragraph 

10 (4). 

11 (4) USE OF FEES.—The Secretary shall use ad12 ministrative fees collected under this subsection— 

13 (A) to cover administrative costs of the 

14 margin protection program and stabilization 

15 program; and 

16 (B) to the extent funds remain available 

17 after operation of subparagraphs (A), to cover 

18 costs of the Department of Agriculture relating to 

19 reporting of dairy market news and to carry out 

20 section 273 of the Agricultural Marketing Act of 

21 1946 (7 U.S.C. 1637b). 


rfrederick on DSK6VPTVN1PROD with BILLS
93 

•HR 1947 RH

1 (f) RECONSTITUTION.—The Secretary shall prohibit a 

2 dairy producer from reconstituting a dairy operation for 

3 the sole purpose of the dairy producer— 

4 (1) receiving basic margin protection; 

5 (2) purchasing supplemental margin protection; 

6 or 

7 (3) avoiding participation in the stabilization 

8 program. 

9 (g) PRIORITY CONSIDERATION.—A dairy operation 

10 that participates in the margin protection program shall 

11 be eligible to participate in the livestock gross margin for 

12 dairy program under the Federal Crop Insurance Act (7 

13 U.S.C. 1501 et seq.) only after operations that are not par14 ticipating in the production margin protection program are 

15 enrolled. 

16 SEC. 1413. PRODUCTION HISTORY OF PARTICIPATING 

17 DAIRY PRODUCERS. 

18 (a) PRODUCTION HISTORY FOR BASIC MARGIN PRO19 TECTION.— 

20 (1) DETERMINATION REQUIRED.—For purposes 

21 of providing basic margin protection, the Secretary 

22 shall determine the basic production history of the 

23 dairy operation of each participating dairy producer 

24 in the margin protection program. 


rfrederick on DSK6VPTVN1PROD with BILLS
94 

•HR 1947 RH

1 (2) CALCULATION.—Except as provided in para2 graph (3), the basic production history of a partici3 pating dairy producer for basic margin protection is 

4 equal to the highest annual milk marketings of the 

5 dairy producer during any one of the three calendar 

6 years immediately preceding the calendar year in 

7 which the dairy producer first signed up to partici8 pate in the margin protection program. 

9 (3) ELECTION BY NEW PRODUCERS.—If a par10 ticipating dairy producer has been in operation for 

11 less than a year, the dairy producer shall elect one of 

12 the following methods for the Secretary to determine 

13 the basic production history of the dairy producer: 

14 (A) The volume of the actual milk mar15 ketings for the months the dairy producer has 

16 been in operation extrapolated to a yearly 

17 amount. 

18 (B) An estimate of the actual milk mar19 ketings of the dairy producer based on the herd 

20 size of the producer relative to the national roll21 ing herd average data published by the Sec22 retary. 

23 (4) NO CHANGE IN PRODUCTION HISTORY FOR

24 BASIC MARGIN PROTECTION.—Once the basic produc25 tion history of a participating dairy producer is deVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
95 

•HR 1947 RH

1 termined under paragraph (2) or (3), the basic pro2 duction history shall not be subsequently changed for 

3 purposes of determining the amount of any basic 

4 margin protection payments for the dairy producer 

5 made under section 1414. 

6 (b) ANNUAL PRODUCTION HISTORY FOR SUPPLE7 MENTAL MARGIN PROTECTION.— 

8 (1) DETERMINATION REQUIRED.—For purposes 

9 of providing supplemental margin protection for a 

10 participating dairy producer that purchases supple11 mental margin protection for a year under section 

12 1415, the Secretary shall determine the annual pro13 duction history of the dairy operation of the dairy 

14 producer under paragraph (2). 

15 (2) CALCULATION.—The annual production his16 tory of a participating dairy producer for a year is 

17 equal to the actual milk marketings of the dairy pro18 ducer during the preceding calendar year. 

19 (3) NEW PRODUCERS.—Subsection (a)(3) shall 

20 apply with respect to determining the annual produc21 tion history of a participating dairy producer that 

22 has been in operation for less than a year. 

23 (c) REQUIRED INFORMATION.—A participating dairy 

24 producer shall provide all information that the Secretary 

25 may require in order to establish— 


rfrederick on DSK6VPTVN1PROD with BILLS
96 

•HR 1947 RH

1 (1) the basic production history of the dairy op2 eration of the dairy producer under subsection (a); 

3 and 

4 (2) the production history of the dairy operation 

5 of the dairy producer whenever the producer pur6 chases supplemental margin protection under section 

7 1415. 

8 (d) TRANSFER OF PRODUCTION HISTORIES.— 

9 (1) TRANSFER BY SALE OR LEASE.—In promul10 gating the rules to initiate the margin protection pro11 gram, the Secretary shall specify the conditions under 

12 which and the manner by which the production his13 tory of a dairy operation may be transferred by sale 

14 or lease. 

15 (2) COVERAGE LEVEL.— 

16 (A) BASIC MARGIN PROTECTION.—A pur17 chaser or lessee to whom the Secretary transfers 

18 a basic production history under this subsection 

19 shall not obtain a different level of basic margin 

20 protection than the basic margin protection cov21 erage held by the seller or lessor from whom the 

22 transfer was obtained. 

23 (B) SUPPLEMENTAL MARGIN PROTEC24 TION.—A purchaser or lessee to whom the Sec25 retary transfers an annual production history 


rfrederick on DSK6VPTVN1PROD with BILLS
97 

•HR 1947 RH

1 under this subsection shall not obtain a different 

2 level of supplemental margin protection coverage 

3 than the supplemental margin protection cov4 erage in effect for the seller or lessor from whom 

5 the transfer was obtained for the calendar year 

6 in which the transfer was made. 

7 (e) MOVEMENT AND TRANSFER OF PRODUCTION HIS8 TORY.— 

9 (1) MOVEMENT AND TRANSFER AUTHORIZED.— 

10 Subject to paragraph (2), if a dairy producer moves 

11 from one location to another location, the dairy pro12 ducer may maintain the basic production history and 

13 annual production history associated with the oper14 ation. 

15 (2) NOTIFICATION REQUIREMENT.—A dairy pro16 ducer shall notify the Secretary of any move of a 

17 dairy operation under paragraph (1). 

18 (3) SUBSEQUENT OCCUPATION OF VACATED LO19 CATION.—A party subsequently occupying a dairy op20 eration location vacated as described in paragraph 

21 (1) shall have no interest in the basic production his22 tory or annual production history previously associ23 ated with the operation at such location. 


rfrederick on DSK6VPTVN1PROD with BILLS
98 

•HR 1947 RH

1 SEC. 1414. BASIC MARGIN PROTECTION. 

2 (a) ELIGIBILITY.—All participating dairy producers 

3 are eligible to receive basic margin protection under the 

4 margin protection program. 

5 (b) PAYMENT THRESHOLD.—Participating dairy pro6 ducers shall receive a basic margin protection payment 

7 whenever the average actual dairy producer margin for a 

8 consecutive two-month period is less than $4.00 per hun9 dredweight of milk. 

10 (c) BASIC MARGIN PROTECTION PAYMENT.— 

11 (1) PAYMENT REQUIRED.—The Secretary shall 

12 make a basic margin protection payment to each par13 ticipating dairy producer whenever such a payment 

14 is required by subsection (b). 

15 (2) AMOUNT OF PAYMENT.—The basic margin 

16 protection payment for the dairy operation of a par17 ticipating dairy producer for a consecutive two-month 

18 period shall be determined as follows: 

19 (A) The Secretary shall calculate the dif20 ference between the average actual dairy pro21 ducer margin for the consecutive two-month pe22 riod and $4.00, except that, if the difference is 

23 more than $4.00, the Secretary shall use $4.00. 

24 (B) The Secretary shall multiply the 

25 amount under subparagraph (A) by the lesser of 

26 the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
99 

•HR 1947 RH

1 (i) 80 percent of the production history 

2 of the dairy producer, divided by six. 

3 (ii) The actual amount of milk mar4 keted by the dairy operation of the dairy 

5 producer during the consecutive two-month 

6 period. 

7 SEC. 1415. SUPPLEMENTAL MARGIN PROTECTION. 

8 (a) ELECTION OF SUPPLEMENTAL MARGIN PROTEC9 TION.—Supplemental margin protection is available only 

10 on an annual basis. A participating dairy producer may 

11 annually purchase supplemental margin protection to pro12 tect, during the calendar year for which purchased, a higher 

13 level of the income of a participating dairy producer than 

14 the income level guaranteed by basic margin protection 

15 under section 1414. 

16 (b) SELECTION OF PAYMENT THRESHOLD.—A partici17 pating dairy producer purchasing supplemental margin 

18 protection for a year shall elect a coverage level that is high19 er, in any increment of $0.50, than the payment threshold 

20 for basic margin protection specified in section 1414(b), but 

21 not to exceed $8.00. 

22 (c) SELECTION OF COVERAGE PERCENTAGE.—A par23 ticipating dairy producer purchasing supplemental margin 

24 protection for a year shall elect a percentage of coverage 

25 equal to not more than 90 percent, nor less than 25 percent, 


rfrederick on DSK6VPTVN1PROD with BILLS
100 

•HR 1947 RH

1 of the annual production history of the dairy operation of 

2 the participating dairy producer. 

3 (d) PRODUCER PREMIUMS FOR SUPPLEMENTAL MAR4 GIN PROTECTION.— 

5 (1) PREMIUMS REQUIRED.—A participating 

6 dairy producer that purchases supplemental margin 

7 protection shall pay an annual premium equal to the 

8 product obtained by multiplying— 

9 (A) the percentage selected by the dairy pro10 ducer under subsection (c); 

11 (B) the annual production history of the 

12 dairy producer; and 

13 (C) the premium per hundredweight of 

14 milk, as specified in the applicable table under 

15 paragraph (2) or (3). 

16 (2) PREMIUM PER HUNDREDWEIGHT FOR FIRST

17 4 MILLION POUNDS OF PRODUCTION.—For the first 

18 4,000,000 pounds of milk marketings included in the 

19 annual production history of a participating dairy 

20 producer, the premium per hundredweight cor21 responding to each coverage level specified in the fol22 lowing table is as follows: 

Coverage Level Premium per Cwt. 

$4.50 $0.01 

$5.00 $0.025 

$5.50 $0.04 

$6.00 $0.065 


rfrederick on DSK6VPTVN1PROD with BILLS
101 

•HR 1947 RH

Coverage Level Premium per Cwt. 

$6.50 $0.09 

$7.00 $0.434 

$7.50 $0.590 

$8.00 $0.922 

1 (3) PREMIUM PER HUNDREDWEIGHT FOR PRO2 DUCTION IN EXCESS OF 4 MILLION POUNDS.—For 

3 milk marketings in excess of 4,000,000 pounds in4 cluded in the annual production history of a partici5 pating dairy producer, the premium per hundred6 weight corresponding to each coverage level is as fol7 lows: 

Coverage Level Premium per Cwt. 

$4.50 $0.015 

$5.00 $0.036 

$5.50 $0.081 

$6.00 $0.155 

$6.50 $0.230 

$7.00 $0.434 

$7.50 $0.590 

$8.00 $0.922 

8 (4) TIME FOR PAYMENT.—In promulgating the 

9 rules to initiate the margin protection program, the 

10 Secretary shall provide more than one method by 

11 which a participating dairy producer that purchases 

12 supplemental margin protection for a calendar year 

13 may pay the premium under this subsection for that 

14 year that maximizes producer payment flexibility 

15 and program integrity. 

16 (e) PRODUCER’S PREMIUM OBLIGATIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
102 

•HR 1947 RH

1 (1) PRO-RATION OF PREMIUM FOR NEW PRO2 DUCERS.—A dairy producer described in section 

3 1412(c)(2) that purchases supplemental margin pro4 tection for a calendar year after the start of the cal5 endar year shall pay a pro-rated premium for that 

6 calendar year based on the portion of the calendar 

7 year for which the producer purchases the coverage. 

8 (2) LEGAL OBLIGATION.—A participating dairy 

9 producer that purchases supplemental margin protec10 tion for a calendar year shall be legally obligated to 

11 pay the applicable premium for that calendar year, 

12 except that, if the dairy producer retires, the producer 

13 may request that Secretary cancel the supplemental 

14 margin protection if the producer has terminated the 

15 dairy operation entirely and certifies under oath that 

16 the producer will not be actively engaged in any 

17 dairy operation for at least the next seven years. 

18 (f) SUPPLEMENTAL PAYMENT THRESHOLD.—A par19 ticipating dairy producer with supplemental margin pro20 tection shall receive a supplemental margin protection pay21 ment whenever the average actual dairy producer margin 

22 for a consecutive two-month period is less than the coverage 

23 level threshold selected by the dairy producer under sub24 section (b). 


rfrederick on DSK6VPTVN1PROD with BILLS
103 

•HR 1947 RH

1 (g) SUPPLEMENTAL MARGIN PROTECTION PAY2 MENTS.— 

3 (1) IN GENERAL.—The supplemental margin 

4 protection payment for a participating dairy pro5 ducer is in addition to the basic margin protection 

6 payment. 

7 (2) AMOUNT OF PAYMENT.—The supplemental 

8 margin protection payment for the dairy operation of 

9 a participating dairy producer shall be determined as 

10 follows: 

11 (A) The Secretary shall calculate the dif12 ference between the coverage level threshold se13 lected by the dairy producer under subsection (b) 

14 and the greater of— 

15 (i) the average actual dairy producer 

16 margin for the consecutive two-month pe17 riod; or 

18 (ii) $4.00. 

19 (B) The amount determined under subpara20 graph (A) shall be multiplied by the percentage 

21 selected by the participating dairy producer 

22 under subsection (c) and by the lesser of the fol23 lowing: 


rfrederick on DSK6VPTVN1PROD with BILLS
104 

•HR 1947 RH

1 (i) The annual production history of 

2 the dairy operation of the dairy producer, 

3 divided by six. 

4 (ii) The actual amount of milk mar5 keted by the dairy operation of the dairy 

6 producer during the consecutive two-month 

7 period. 

8 SEC. 1416. EFFECT OF FAILURE TO PAY ADMINISTRATIVE 

9 FEES OR PREMIUMS. 

10 (a) LOSS OF BENEFITS.—A participating dairy pro11 ducer that fails to pay the required administrative fee 

12 under section 1412 or is in arrears on premium payments 

13 for supplemental margin protection under section 1415— 

14 (1) remains legally obligated to pay the adminis15 trative fee or premiums, as the case may be; and 

16 (2) may not receive basic margin protection pay17 ments or supplemental margin protection payments 

18 until the fees or premiums are fully paid. 

19 (b) ENFORCEMENT.—The Secretary may take such ac20 tion as necessary to collect administrative fees and pre21 mium payments for supplemental margin protection. 


rfrederick on DSK6VPTVN1PROD with BILLS
105 

•HR 1947 RH

1 Subpart B—Dairy Market Stabilization Program 

2 SEC. 1431. ESTABLISHMENT OF DAIRY MARKET STABILIZA3 TION PROGRAM. 

4 (a) PROGRAM REQUIRED; PURPOSE.—The Secretary 

5 shall establish and administer a dairy market stabilization 

6 program applicable to participating dairy producers for the 

7 purpose of assisting in balancing the supply of milk with 

8 demand when dairy producers are experiencing low or neg9 ative operating margins. 

10 (b) ELECTION OF STABILIZATION PROGRAM BASE

11 CALCULATION METHOD.— 

12 (1) ELECTION.—When a dairy producer signs up 

13 under section 1412 to participate in the margin pro14 tection program, the dairy producer shall inform the 

15 Secretary of the method by which the stabilization 

16 program base for the dairy producer for fiscal year 

17 2013 will be calculated under paragraph (3). 

18 (2) CHANGE IN CALCULATION METHOD.—A par19 ticipating dairy producer may change the stabiliza20 tion program base calculation method to be used for 

21 a calendar year by notifying the Secretary of the 

22 change not later than a date determined by the Sec23 retary. 

24 (3) CALCULATION METHODS.—A participating 

25 dairy producer may elect either of the following methVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
106 

•HR 1947 RH

1 ods for calculation of the stabilization program base 

2 for the producer: 

3 (A) The volume of the average monthly milk 

4 marketings of the dairy producer for the three 

5 months immediately preceding the announce6 ment by the Secretary that the stabilization pro7 gram will become effective. 

8 (B) The volume of the monthly milk mar9 ketings of the dairy producer for the same month 

10 in the preceding year as the month for which the 

11 Secretary has announced the stabilization pro12 gram will become effective. 

13 SEC. 1432. THRESHOLD FOR IMPLEMENTATION AND REDUC14 TION IN DAIRY PRODUCER PAYMENTS. 

15 (a) WHEN STABILIZATION PROGRAM REQUIRED.—Ex16 cept as provided in subsection (b), the Secretary shall an17 nounce that the stabilization program is in effect and order 

18 reduced payments for any participating dairy producer 

19 that exceeds the applicable percentage of the producer’s sta20 bilization program base whenever— 

21 (1) the actual dairy producer margin has been 

22 $6.00 or less per hundredweight of milk for each of 

23 the immediately preceding two months; or 


rfrederick on DSK6VPTVN1PROD with BILLS
107 

•HR 1947 RH

1 (2) the actual dairy producer margin has been 

2 $4.00 or less per hundredweight of milk for the imme3 diately preceding month. 

4 (b) EXCEPTION.—The Secretary shall not make the an5 nouncement under subsection (a) to implement the sta6 bilization program or order reduced payments if any of the 

7 conditions described in section 1436(b) have been met dur8 ing the two months immediately preceding the month in 

9 which the announcement under subsection (a) would other10 wise be made by the Secretary in the absence of this excep11 tion. 

12 (c) EFFECTIVE DATE FOR IMPLEMENTATION OF PAY13 MENT REDUCTIONS.—Reductions in dairy producer pay14 ments shall commence beginning on the first day of the 

15 month immediately following the date of the announcement 

16 by the Secretary under subsection (a). 

17 SEC. 1433. PRODUCER MILK MARKETING INFORMATION. 

18 (a) COLLECTION OF MILK MARKETING DATA.—The 

19 Secretary shall establish, by regulation, a process to collect 

20 from participating dairy producers and handlers such in21 formation that the Secretary considers necessary for each 

22 month during which the stabilization program is in effect. 

23 (b) REDUCE REGULATORY BURDEN.—When imple24 menting the process under subsection (a), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
108 

•HR 1947 RH

1 shall minimize the regulatory burden on dairy producers 

2 and handlers. 

3 SEC. 1434. CALCULATION AND COLLECTION OF REDUCED 

4 DAIRY PRODUCER PAYMENTS. 

5 (a) REDUCED PRODUCER PAYMENTS REQUIRED.— 

6 During any month in which payment reductions are in ef7 fect under the stabilization program, each handler shall re8 duce payments to each participating dairy producer from 

9 whom the handler receives milk. 

10 (b) REDUCTIONS BASED ON ACTUAL DAIRY PRODUCER

11 MARGIN.— 

12 (1) REDUCTION REQUIREMENT 1.—Unless the re13 duction required by paragraph (2) or (3) applies, 

14 when the actual dairy producer margin has been 

15 $6.00 or less per hundredweight of milk for two con16 secutive months, the handler shall make payments to 

17 a participating dairy producer for a month based on 

18 the greater of the following: 

19 (A) 98 percent of the stabilization program 

20 base of the dairy producer. 

21 (B) 94 percent of the marketings of milk for 

22 the month by the producer. 

23 (2) REDUCTION REQUIREMENT 2.—Unless the re24 duction required by paragraph (3) applies, when the 

25 actual dairy producer margin has been $5.00 or less 


rfrederick on DSK6VPTVN1PROD with BILLS
109 

•HR 1947 RH

1 per hundredweight of milk for two consecutive 

2 months, the handler shall make payments to a par3 ticipating dairy producer for a month based on the 

4 greater of the following: 

5 (A) 97 percent of the stabilization program 

6 base of the dairy producer. 

7 (B) 93 percent of the marketings of milk for 

8 the month by the producer. 

9 (3) REDUCTION REQUIREMENT 3.—When the ac10 tual dairy producer margin has been $4.00 or less for 

11 any one month, the handler shall make payments to 

12 a participating dairy producer for a month based on 

13 the greater of the following: 

14 (A) 96 percent of the stabilization program 

15 base of the dairy producer. 

16 (B) 92 percent of the marketings of milk for 

17 the month by the producer. 

18 (c) CONTINUATION OF REDUCTIONS.—The largest level 

19 of payment reduction required under paragraph (1), (2), 

20 or (3) of subsection (b) shall be continued for each month 

21 until the Secretary suspends the stabilization program and 

22 terminates payment reductions in accordance with section 

23 1436. 

24 (d) PAYMENT REDUCTION EXCEPTION.—Notwith25 standing any preceding subsection of this section, a handler 


rfrederick on DSK6VPTVN1PROD with BILLS
110 

•HR 1947 RH

1 shall make no payment reductions for a dairy producer for 

2 a month if the producer’s milk marketings for the month 

3 are equal to or less than the percentage of the stabilization 

4 program base applicable to the producer under paragraph 

5 (1), (2), or (3) of subsection (b). 

6 SEC. 1435. REMITTING MONIES TO THE SECRETARY AND 

7 USE OF MONIES. 

8 (a) REMITTING MONIES.—As soon as practicable after 

9 the end of each month during which payment reductions 

10 are in effect under the stabilization program, each handler 

11 shall remit to the Secretary an amount equal to the amount 

12 by which payments to participating dairy producers are 

13 reduced by the handler under section 1434. 

14 (b) DEPOSIT OF MONIES.—All monies received under 

15 subsection (a) shall be available to the Secretary, without 

16 further appropriation and until expended, for use or trans17 fer as provided in subsection (c). 

18 (c) USE OF MONIES.— 

19 (1) AVAILABILITY FOR CERTAIN COMMODITY DO20 NATIONS.—Within three months of the receipt of mon21 ies under subsection (a), the Secretary shall obligate 

22 the monies for the purpose of— 

23 (A) purchasing dairy products for donation 

24 to food banks and other programs that the Sec25 retary determines appropriate; and 


rfrederick on DSK6VPTVN1PROD with BILLS
111 

•HR 1947 RH

1 (B) expanding consumption and building 

2 demand for dairy products. 

3 (2) NO DUPLICATION OF EFFORT.—The Sec4 retary shall ensure that expenditures under para5 graph (1) are compatible with, and do not duplicate, 

6 programs supported by the dairy research and pro7 motion activities conducted under the Dairy Produc8 tion Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). 

9 (3) ACCOUNTING.—The Secretary shall keep an 

10 accurate account of all monies obligated under para11 graph (1). 

12 (d) ANNUAL REPORT.—Not later than December 31 of 

13 each year that the stabilization program is in effect, the 

14 Secretary shall submit to the Committee on Agriculture of 

15 the House of Representatives and the Committee on Agri16 culture, Nutrition, and Forestry of the Senate a report that 

17 provides an accurate accounting of— 

18 (1) the monies received by the Secretary during 

19 the preceding fiscal year under subsection (a); and 

20 (2) all expenditures made by the Secretary under 

21 subsection (b) during the preceding fiscal year. 

22 (e) ENFORCEMENT.—If a participating dairy producer 

23 or handler fails to remit or collect the amounts by which 

24 payments to participating dairy producers are reduced 

25 under section 1434, the producer or handler responsible for 


rfrederick on DSK6VPTVN1PROD with BILLS
112 

•HR 1947 RH

1 the failure shall be liable to the Secretary for the amount 

2 that should have been remitted or collected, plus interest. 

3 In addition to the enforcement authorities available under 

4 section 1437, the Secretary may enforce this subsection in 

5 the courts of the United States. 

6 SEC. 1436. SUSPENSION OF REDUCED PAYMENT REQUIRE7 MENT. 

8 (a) DETERMINATION OF PRICES.—For purposes of this 

9 section: 

10 (1) The price in the United States for cheddar 

11 cheese and nonfat dry milk shall be determined by the 

12 Secretary. 

13 (2) The world price of cheddar cheese and skim 

14 milk powder shall be determined by the Secretary. 

15 (b) INITIAL SUSPENSION THRESHOLDS.—The Sec16 retary shall announce that the stabilization program shall 

17 be suspended whenever the Secretary determines that— 

18 (1) the actual dairy producer margin is greater 

19 than $6.00 per hundredweight of milk for two con20 secutive months; 

21 (2) the dairy producer margin is equal to or less 

22 than $6.00 (but greater than $5.00) for two consecu23 tive months, and during the same two consecutive 

24 months— 


rfrederick on DSK6VPTVN1PROD with BILLS
113 

•HR 1947 RH

1 (A) the price in the United States for ched2 dar cheese is equal to or greater than the world 

3 price of cheddar cheese; or 

4 (B) the price in the United States for non5 fat dry milk is equal to or greater than the world 

6 price of skim milk powder; 

7 (3) the dairy producer margin is equal to or less 

8 than $5.00 (but greater than $4.00) for two consecu9 tive months, and during the same two consecutive 

10 months— 

11 (A) the price in the United States for ched12 dar cheese is more than 5 percent above the 

13 world price of cheddar cheese; or 

14 (B) the price in the United States for non15 fat dry milk is more than 5 percent above the 

16 world price of skim milk powder; or 

17 (4) the dairy producer margin is equal to or less 

18 than $4.00 for two consecutive months, and during 

19 the same two consecutive months— 

20 (A) the price in the United States for ched21 dar cheese is more than 7 percent above the 

22 world price of cheddar cheese; or 

23 (B) the price in the United States for non24 fat dry milk is more than 7 percent above the 

25 world price of skim milk powder. 


rfrederick on DSK6VPTVN1PROD with BILLS
114 

•HR 1947 RH

1 (c) ENHANCED SUSPENSION THRESHOLDS.—If the 

2 stabilization program is not suspended pursuant to sub3 section (b) for six consecutive months or more, the stabiliza4 tion program shall be suspended whenever the Secretary de5 termines that— 

6 (1) the actual dairy producer margin is greater 

7 than $6.00 per hundredweight of milk for two con8 secutive months; 

9 (2) the dairy producer margin is equal to or less 

10 than $6.00 (but greater than $5.00) for two consecu11 tive months, and during the same two consecutive 

12 months— 

13 (A) the price in the United States for ched14 dar cheese is not less than 97 percent of the 

15 world price of cheddar cheese; or 

16 (B) the price in the United States for non17 fat dry milk is not less than 97 percent of the 

18 world price of skim milk powder; 

19 (3) the dairy producer margin is equal to or less 

20 than $5.00 (but greater than $4.00) for two consecu21 tive months, and during the same two consecutive 

22 months— 

23 (A) the price in the United States for ched24 dar cheese is more than 3 percent above the 

25 world price of cheddar cheese; or 


rfrederick on DSK6VPTVN1PROD with BILLS
115 

•HR 1947 RH

1 (B) the price in the United States for non 

2 fat dry milk is more than 3 percent above the 

3 world price of skim milk powder; or 

4 (4) the dairy producer margin is equal to or less 

5 than $4.00 for two consecutive months, and during 

6 the same two consecutive months— 

7 (A) the price in the United States for ched8 dar cheese is more than 6 percent above the 

9 world price of cheddar cheese; or 

10 (B) the price in the United States for non 

11 fat dry milk is more than 6 percent above the 

12 world price of skim milk powder. 

13 (d) IMPLEMENTATION BY HANDLERS.—Effective on the 

14 day after the date of the announcement by the Secretary 

15 under subsection (b) or (c) of the suspension of the stabiliza16 tion program, the handler shall cease reducing payments 

17 to participating dairy producers under the stabilization 

18 program. 

19 (e) CONDITION ON RESUMPTION OF STABILIZATION

20 PROGRAM.—Upon the announcement by the Secretary 

21 under subsection (b) or (c) that the stabilization program 

22 has been suspended, the stabilization program may not be 

23 implemented again until, at the earliest— 


rfrederick on DSK6VPTVN1PROD with BILLS
116 

•HR 1947 RH

1 (1) two months have passed, beginning on the 

2 first day of the month immediately following the an3 nouncement by the Secretary; and 

4 (2) the conditions of section 1432(a) are again 

5 met. 

6 SEC. 1437. ENFORCEMENT. 

7 (a) UNLAWFUL ACT.—It shall be unlawful and a viola8 tion of the this subpart for any person subject to the sta9 bilization program to willfully fail or refuse to provide, or 

10 delay the timely reporting of, accurate information and re11 mittance of funds to the Secretary in accordance with this 

12 subpart. 

13 (b) ORDER.—After providing notice and opportunity 

14 for a hearing to an affected person, the Secretary may issue 

15 an order against any person to cease and desist from con16 tinuing any violation of this subpart. 

17 (c) APPEAL.—An order of the Secretary under sub18 section (b) shall be final and conclusive unless an affected 

19 person files an appeal of the order of the Secretary in 

20 United States district court not later than 30 days after 

21 the date of the issuance of the order. A finding of the Sec22 retary in the order shall be set aside only if the finding 

23 is not supported by substantial evidence. 

24 (d) NONCOMPLIANCE WITH ORDER.—If a person sub25 ject to this subpart fails to obey an order issued under subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
117 

•HR 1947 RH

1 section (b) after the order has become final and 

2 unappealable, or after the appropriate United States dis3 trict court has entered a final judgment in favor of the Sec4 retary, the United States may apply to the appropriate 

5 United States district court for enforcement of the order. 

6 If the court determines that the order was lawfully made 

7 and duly served and that the person violated the order, the 

8 court shall enforce the order. 

9 SEC. 1438. AUDIT REQUIREMENTS. 

10 (a) AUDITS OF PRODUCER AND HANDLER COMPLI11 ANCE.— 

12 (1) AUDITS AUTHORIZED.—If determined by the 

13 Secretary to be necessary to ensure compliance by 

14 participating dairy producers and handlers with the 

15 stabilization program, the Secretary may conduct 

16 periodic audits of participating dairy producers and 

17 handlers. 

18 (2) SAMPLE OF DAIRY PRODUCERS.—Any audit 

19 conducted under this subsection shall include, at a 

20 minimum, investigation of a statistically valid and 

21 random sample of participating dairy producers. 

22 (b) SUBMISSION OF RESULTS.—The Secretary shall 

23 submit the results of any audit conducted under subsection 

24 (a) to the Committee on Agriculture of the House of Rep25 resentatives and the Committee on Agriculture, Nutrition, 


rfrederick on DSK6VPTVN1PROD with BILLS
118 

•HR 1947 RH

1 and Forestry of the Senate and include such recommenda2 tions as the Secretary considers appropriate regarding the 

3 stabilization program. 

4 Subpart C—Commodity Credit Corporation 

5 SEC. 1451. USE OF COMMODITY CREDIT CORPORATION. 

6 The Secretary shall use the funds, facilities, and the 

7 authorities of the Commodity Credit Corporation to carry 

8 out this part. 

9 Subpart D—Initiation and Duration 

10 SEC. 1461. RULEMAKING. 

11 (a) PROCEDURE.—The promulgation of regulations for 

12 the initiation of the margin protection program and the 

13 stabilization program, and for administration of such pro14 grams, shall be made without regard to— 

15 (1) chapter 35 of title 44, United States Code 

16 (commonly known as the Paperwork Reduction Act); 

17 (2) the Statement of Policy of the Secretary of 

18 Agriculture effective July 24, 1971 (36 Fed. Reg. 

19 13804), relating to notices of proposed rulemaking 

20 and public participation in rulemaking; and 

21 (3) the notice and comment provisions of section 

22 553 of title 5, United States Code. 

23 (b) CONGRESSIONAL REVIEW OF AGENCY RULE24 MAKING.—In carrying out subsection (a), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
119 

•HR 1947 RH

1 shall use the authority provided under section 808 of title 

2 5, United States Code. 

3 (c) INCLUSION OF ADDITIONAL ORDER.—Section 

4 143(a)(2) of the Federal Agriculture Improvement and Re5 form Act of 1996 (7 U.S.C. 7253(a)(2)) is amended by add6 ing at the end the following new sentence: ‘‘Subsection 

7 (b)(2) does not apply to the authority of the Secretary under 

8 this subsection.’’. 

9 SEC. 1462. DURATION. 

10 The margin protection program and the stabilization 

11 program shall end on December 31, 2018. 

12 PART II—REPEAL OR REAUTHORIZATION OF 

13 OTHER DAIRY-RELATED PROVISIONS 

14 SEC. 1481. REPEAL OF DAIRY PRODUCT PRICE SUPPORT 

15 AND MILK INCOME LOSS CONTRACT PRO16 GRAMS. 

17 (a) REPEAL OF DAIRY PRODUCT PRICE SUPPORT

18 PROGRAM.—Section 1501 of the Food, Conservation, and 

19 Energy Act of 2008 (7 U.S.C. 8771) is repealed. 

20 (b) REPEAL OF MILK INCOME LOSS CONTRACT PRO21 GRAM.—Section 1506 of the Food, Conservation, and En22 ergy Act of 2008 (7 U.S.C. 8773) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
120 

•HR 1947 RH

1 SEC. 1482. REPEAL OF DAIRY EXPORT INCENTIVE PRO2 GRAM. 

3 (a) REPEAL.—Section 153 of the Food Security Act 

4 of 1985 (15 U.S.C. 713a–14) is repealed. 

5 (b) CONFORMING AMENDMENTS.—Section 902(2) of 

6 the Trade Sanctions Reform and Export Enhancement Act 

7 of 2000 (22 U.S.C. 7201(2)) is amended— 

8 (1) by striking subparagraph (D); and 

9 (2) by redesignating subparagraphs (E) and (F) 

10 as subparagraphs (D) and (E), respectively. 

11 SEC. 1483. EXTENSION OF DAIRY FORWARD PRICING PRO12 GRAM. 

13 Section 1502(e) of the Food, Conservation, and Energy 

14 Act of 2008 (7 U.S.C. 8772(e)) is amended— 

15 (1) in paragraph (1), by striking ‘‘2012’’ and in16 serting ‘‘2018’’; and 

17 (2) in paragraph (2), by striking ‘‘2015’’ and in18 serting ‘‘2021’’. 

19 SEC. 1484. EXTENSION OF DAIRY INDEMNITY PROGRAM. 

20 Section 3 of Public Law 90–484 (7 U.S.C. 450l) is 

21 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

22 SEC. 1485. EXTENSION OF DAIRY PROMOTION AND RE23 SEARCH PROGRAM. 

24 Section 113(e)(2) of the Dairy Production Stabiliza25 tion Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by strik26 ing ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
121 

•HR 1947 RH

1 SEC. 1486. REPEAL OF FEDERAL MILK MARKETING ORDER 

2 REVIEW COMMISSION. 

3 Section 1509 of the Food, Conservation, and Energy 

4 Act of 2008 (Public Law 110–246; 122 Stat. 1726) is re5 pealed. 

6 PART III—EFFECTIVE DATE 

7 SEC. 1491. EFFECTIVE DATE. 

8 This subtitle and the amendments made by this sub9 title shall take effect on October 1, 2013. 

10 Subtitle E—Supplemental Agricul11 tural Disaster Assistance Pro12 grams 

13 SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER AS14 SISTANCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE PRODUCER ON A FARM.— 

17 (A) IN GENERAL.—The term ‘‘eligible pro18 ducer on a farm’’ means an individual or entity 

19 described in subparagraph (B) that, as deter20 mined by the Secretary, assumes the production 

21 and market risks associated with the agricultural 

22 production of crops or livestock. 

23 (B) DESCRIPTION.—An individual or entity 

24 referred to in subparagraph (A) is— 

25 (i) a citizen of the United States; 

26 (ii) a resident alien; 


rfrederick on DSK6VPTVN1PROD with BILLS
122 

•HR 1947 RH

1 (iii) a partnership of citizens of the 

2 United States; or 

3 (iv) a corporation, limited liability 

4 corporation, or other farm organizational 

5 structure organized under State law. 

6 (2) FARM-RAISED FISH.—The term ‘‘farm-raised 

7 fish’’ means any aquatic species that is propagated 

8 and reared in a controlled environment. 

9 (3) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) poultry; 

14 (D) sheep; 

15 (E) swine; 

16 (F) horses; and 

17 (G) other livestock, as determined by the 

18 Secretary. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

22 (1) PAYMENTS.—For each of the fiscal years 

23 2012 through 2018, the Secretary shall use such sums 

24 as are necessary of the funds of the Commodity Credit 

25 Corporation to make livestock indemnity payments to 


rfrederick on DSK6VPTVN1PROD with BILLS
123 

•HR 1947 RH

1 eligible producers on farms that have incurred live2 stock death losses in excess of the normal mortality, 

3 as determined by the Secretary, due to— 

4 (A) attacks by animals reintroduced into 

5 the wild by the Federal Government or protected 

6 by Federal law, including wolves and avian 

7 predators; or 

8 (B) adverse weather, as determined by the 

9 Secretary, during the calendar year, including 

10 losses due to hurricanes, floods, blizzards, disease, 

11 wildfires, extreme heat, and extreme cold. 

12 (2) PAYMENT RATES.—Indemnity payments to 

13 an eligible producer on a farm under paragraph (1) 

14 shall be made at a rate of 75 percent of the market 

15 value of the applicable livestock on the day before the 

16 date of death of the livestock, as determined by the 

17 Secretary. 

18 (3) SPECIAL RULE FOR PAYMENTS MADE DUE TO

19 DISEASE.—The Secretary shall ensure that payments 

20 made to an eligible producer under paragraph (1) are 

21 not made for the same livestock losses for which com22 pensation is provided pursuant to section 10407(d) of 

23 the Animal Health Protection Act (7 U.S.C. 8306(d)). 

24 (c) LIVESTOCK FORAGE DISASTER PROGRAM.— 

25 (1) DEFINITIONS.—In this subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
124 

•HR 1947 RH

1 (A) COVERED LIVESTOCK.— 

2 (i) IN GENERAL.—Except as provided 

3 in clause (ii), the term ‘‘covered livestock’’ 

4 means livestock of an eligible livestock pro5 ducer that, during the 60 days prior to the 

6 beginning date of a qualifying drought or 

7 fire condition, as determined by the Sec8 retary, the eligible livestock producer— 

9 (I) owned; 

10 (II) leased; 

11 (III) purchased; 

12 (IV) entered into a contract to 

13 purchase; 

14 (V) is a contract grower; or 

15 (VI) sold or otherwise disposed of 

16 due to qualifying drought conditions 

17 during— 

18 (aa) the current production 

19 year; or 

20 (bb) subject to paragraph 

21 (3)(B)(ii), 1 or both of the 2 pro22 duction years immediately pre23 ceding the current production 

24 year. 


rfrederick on DSK6VPTVN1PROD with BILLS
125 

•HR 1947 RH

1 (ii) EXCLUSION.—The term ‘‘covered 

2 livestock’’ does not include livestock that 

3 were or would have been in a feedlot, on the 

4 beginning date of the qualifying drought or 

5 fire condition, as a part of the normal busi6 ness operation of the eligible livestock pro7 ducer, as determined by the Secretary. 

8 (B) DROUGHT MONITOR.—The term 

9 ‘‘drought monitor’’ means a system for 

10 classifying drought severity according to a range 

11 of abnormally dry to exceptional drought, as de12 fined by the Secretary. 

13 (C) ELIGIBLE LIVESTOCK PRODUCER.— 

14 (i) IN GENERAL.—The term ‘‘eligible 

15 livestock producer’’ means an eligible pro16 ducer on a farm that— 

17 (I) is an owner, cash or share les18 see, or contract grower of covered live19 stock that provides the pastureland or 

20 grazing land, including cash-leased 

21 pastureland or grazing land, for the 

22 livestock; 

23 (II) provides the pastureland or 

24 grazing land for covered livestock, in25 cluding cash-leased pastureland or 


rfrederick on DSK6VPTVN1PROD with BILLS
126 

•HR 1947 RH

1 grazing land that is physically located 

2 in a county affected by drought; 

3 (III) certifies grazing loss; and 

4 (IV) meets all other eligibility re5 quirements established under this sub6 section. 

7 (ii) EXCLUSION.—The term ‘‘eligible 

8 livestock producer’’ does not include an 

9 owner, cash or share lessee, or contract 

10 grower of livestock that rents or leases 

11 pastureland or grazing land owned by an12 other person on a rate-of-gain basis. 

13 (D) NORMAL CARRYING CAPACITY.—The 

14 term ‘‘normal carrying capacity’’, with respect 

15 to each type of grazing land or pastureland in 

16 a county, means the normal carrying capacity, 

17 as determined under paragraph (3)(D)(i), that 

18 would be expected from the grazing land or 

19 pastureland for livestock during the normal graz20 ing period, in the absence of a drought or fire 

21 that diminishes the production of the grazing 

22 land or pastureland. 

23 (E) NORMAL GRAZING PERIOD.—The term 

24 ‘‘normal grazing period’’, with respect to a coun25 ty, means the normal grazing period during the 


rfrederick on DSK6VPTVN1PROD with BILLS
127 

•HR 1947 RH

1 calendar year for the county, as determined 

2 under paragraph (3)(D)(i). 

3 (2) PROGRAM.—For each of the fiscal years 2012 

4 through 2018, the Secretary shall use such sums as 

5 are necessary of the funds of the Commodity Credit 

6 Corporation to provide compensation for losses to eli7 gible livestock producers due to grazing losses for cov8 ered livestock due to— 

9 (A) a drought condition, as described in 

10 paragraph (3); or 

11 (B) fire, as described in paragraph (4). 

12 (3) ASSISTANCE FOR LOSSES DUE TO DROUGHT

13 CONDITIONS.— 

14 (A) ELIGIBLE LOSSES.— 

15 (i) IN GENERAL.—An eligible livestock 

16 producer may receive assistance under this 

17 subsection only for grazing losses for covered 

18 livestock that occur on land that— 

19 (I) is native or improved 

20 pastureland with permanent vegetative 

21 cover; or 

22 (II) is planted to a crop planted 

23 specifically for the purpose of pro24 viding grazing for covered livestock. 


rfrederick on DSK6VPTVN1PROD with BILLS
128 

•HR 1947 RH

1 (ii) EXCLUSIONS.—An eligible livestock 

2 producer may not receive assistance under 

3 this subsection for grazing losses that occur 

4 on land used for haying or grazing under 

5 the conservation reserve program established 

6 under subchapter B of chapter 1 of subtitle 

7 D of title XII of the Food Security Act of 

8 1985 (16 U.S.C. 3831 et seq.). 

9 (B) MONTHLY PAYMENT RATE.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), the payment rate for assist12 ance under this paragraph for 1 month 

13 shall, in the case of drought, be equal to 60 

14 percent of the lesser of— 

15 (I) the monthly feed cost for all 

16 covered livestock owned or leased by the 

17 eligible livestock producer, as deter18 mined under subparagraph (C); or 

19 (II) the monthly feed cost cal20 culated by using the normal carrying 

21 capacity of the eligible grazing land of 

22 the eligible livestock producer. 

23 (ii) PARTIAL COMPENSATION.—In the 

24 case of an eligible livestock producer that 

25 sold or otherwise disposed of covered liveVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
129 

•HR 1947 RH

1 stock due to drought conditions in 1 or both 

2 of the 2 production years immediately pre3 ceding the current production year, as de4 termined by the Secretary, the payment rate 

5 shall be 80 percent of the payment rate oth6 erwise calculated in accordance with clause 

7 (i). 

8 (C) MONTHLY FEED COST.— 

9 (i) IN GENERAL.—The monthly feed 

10 cost shall equal the product obtained by 

11 multiplying— 

12 (I) 30 days; 

13 (II) a payment quantity that is 

14 equal to the feed grain equivalent, as 

15 determined under clause (ii); and 

16 (III) a payment rate that is equal 

17 to the corn price per pound, as deter18 mined under clause (iii). 

19 (ii) FEED GRAIN EQUIVALENT.—For 

20 purposes of clause (i)(II), the feed grain 

21 equivalent shall equal— 

22 (I) in the case of an adult beef 

23 cow, 15.7 pounds of corn per day; or 

24 (II) in the case of any other type 

25 of weight of livestock, an amount deterVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
130 

•HR 1947 RH

1 mined by the Secretary that represents 

2 the average number of pounds of corn 

3 per day necessary to feed the livestock. 

4 (iii) CORN PRICE PER POUND.—For 

5 purposes of clause (i)(III), the corn price 

6 per pound shall equal the quotient obtained 

7 by dividing— 

8 (I) the higher of— 

9 (aa) the national average 

10 corn price per bushel for the 12- 

11 month period immediately pre12 ceding March 1 of the year for 

13 which the disaster assistance is 

14 calculated; or 

15 (bb) the national average 

16 corn price per bushel for the 24- 

17 month period immediately pre18 ceding that March 1; by 

19 (II) 56. 

20 (D) NORMAL GRAZING PERIOD AND

21 DROUGHT MONITOR INTENSITY.— 

22 (i) FSA COUNTY COMMITTEE DETER23 MINATIONS.— 

24 (I) IN GENERAL.—The Secretary 

25 shall determine the normal carrying 


rfrederick on DSK6VPTVN1PROD with BILLS
131 

•HR 1947 RH

1 capacity and normal grazing period 

2 for each type of grazing land or 

3 pastureland in the county served by the 

4 applicable committee. 

5 (II) CHANGES.—No change to the 

6 normal carrying capacity or normal 

7 grazing period established for a county 

8 under subclause (I) shall be made un9 less the change is requested by the ap10 propriate State and county Farm 

11 Service Agency committees. 

12 (ii) DROUGHT INTENSITY.— 

13 (I) D2.—An eligible livestock pro14 ducer that owns or leases grazing land 

15 or pastureland that is physically lo16 cated in a county that is rated by the 

17 U.S. Drought Monitor as having a D2 

18 (severe drought) intensity in any area 

19 of the county for at least 8 consecutive 

20 weeks during the normal grazing pe21 riod for the county, as determined by 

22 the Secretary, shall be eligible to re23 ceive assistance under this paragraph 

24 in an amount equal to 1 monthly payVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
132 

•HR 1947 RH

1 ment using the monthly payment rate 

2 determined under subparagraph (B). 

3 (II) D3.—An eligible livestock 

4 producer that owns or leases grazing 

5 land or pastureland that is physically 

6 located in a county that is rated by the 

7 U.S. Drought Monitor as having at 

8 least a D3 (extreme drought) intensity 

9 in any area of the county at any time 

10 during the normal grazing period for 

11 the county, as determined by the Sec12 retary, shall be eligible to receive as13 sistance under this paragraph— 

14 (aa) in an amount equal to 3 

15 monthly payments using the 

16 monthly payment rate determined 

17 under subparagraph (B); 

18 (bb) if the county is rated as 

19 having a D3 (extreme drought) 

20 intensity in any area of the coun21 ty for at least 4 weeks during the 

22 normal grazing period for the 

23 county, or is rated as having a 

24 D4 (exceptional drought) intensity 

25 in any area of the county at any 


rfrederick on DSK6VPTVN1PROD with BILLS
133 

•HR 1947 RH

1 time during the normal grazing 

2 period, in an amount equal to 4 

3 monthly payments using the 

4 monthly payment rate determined 

5 under subparagraph (B); or 

6 (cc) if the county is rated as 

7 having a D4 (exceptional drought) 

8 intensity in any area of the coun9 ty for at least 4 weeks during the 

10 normal grazing period, in an 

11 amount equal to 5 monthly pay12 ments using the monthly rate de13 termined under subparagraph 

14 (B). 

15 (4) ASSISTANCE FOR LOSSES DUE TO FIRE ON

16 PUBLIC MANAGED LAND.— 

17 (A) IN GENERAL.—An eligible livestock pro18 ducer may receive assistance under this para19 graph only if— 

20 (i) the grazing losses occur on range21 land that is managed by a Federal agency; 

22 and 

23 (ii) the eligible livestock producer is 

24 prohibited by the Federal agency from grazVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
134 

•HR 1947 RH

1 ing the normal permitted livestock on the 

2 managed rangeland due to a fire. 

3 (B) PAYMENT RATE.—The payment rate for 

4 assistance under this paragraph shall be equal to 

5 50 percent of the monthly feed cost for the total 

6 number of livestock covered by the Federal lease 

7 of the eligible livestock producer, as determined 

8 under paragraph (3)(C). 

9 (C) PAYMENT DURATION.— 

10 (i) IN GENERAL.—Subject to clause 

11 (ii), an eligible livestock producer shall be 

12 eligible to receive assistance under this 

13 paragraph for the period— 

14 (I) beginning on the date on 

15 which the Federal agency excludes the 

16 eligible livestock producer from using 

17 the managed rangeland for grazing; 

18 and 

19 (II) ending on the last day of the 

20 Federal lease of the eligible livestock 

21 producer. 

22 (ii) LIMITATION.—An eligible livestock 

23 producer may only receive assistance under 

24 this paragraph for losses that occur on not 

25 more than 180 days per year. 


rfrederick on DSK6VPTVN1PROD with BILLS
135 

•HR 1947 RH

1 (5) NO DUPLICATIVE PAYMENTS.—An eligible 

2 livestock producer may elect to receive assistance for 

3 grazing or pasture feed losses due to drought condi4 tions under paragraph (3) or fire under paragraph 

5 (4), but not both for the same loss, as determined by 

6 the Secretary. 

7 (d) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY

8 BEES, AND FARM-RAISED FISH.— 

9 (1) IN GENERAL.—For each of the fiscal years 

10 2012 through 2018, the Secretary shall use not more 

11 than $20,000,000 of the funds of the Commodity 

12 Credit Corporation to provide emergency relief to eli13 gible producers of livestock, honey bees, and farm14 raised fish to aid in the reduction of losses due to dis15 ease (including cattle tick fever), adverse weather, or 

16 other conditions, such as blizzards and wildfires, as 

17 determined by the Secretary, that are not covered 

18 under subsection (b) or (c). 

19 (2) USE OF FUNDS.—Funds made available 

20 under this subsection shall be used to reduce losses 

21 caused by feed or water shortages, disease, or other 

22 factors as determined by the Secretary. 

23 (3) AVAILABILITY OF FUNDS.—Any funds made 

24 available under this subsection shall remain available 

25 until expended. 


rfrederick on DSK6VPTVN1PROD with BILLS
136 

•HR 1947 RH

1 (e) TREE ASSISTANCE PROGRAM.— 

2 (1) DEFINITIONS.—In this subsection: 

3 (A) ELIGIBLE ORCHARDIST.—The term ‘‘eli4 gible orchardist’’ means a person that produces 

5 annual crops from trees for commercial purposes. 

6 (B) NATURAL DISASTER.—The term ‘‘nat7 ural disaster’’ means plant disease, insect infes8 tation, drought, fire, freeze, flood, earthquake, 

9 lightning, or other occurrence, as determined by 

10 the Secretary. 

11 (C) NURSERY TREE GROWER.—The term 

12 ‘‘nursery tree grower’’ means a person who pro13 duces nursery, ornamental, fruit, nut, or Christ14 mas trees for commercial sale, as determined by 

15 the Secretary. 

16 (D) TREE.—The term ‘‘tree’’ includes a 

17 tree, bush, and vine. 

18 (2) ELIGIBILITY.— 

19 (A) LOSS.—Subject to subparagraph (B), 

20 for each of the fiscal years 2012 through 2018, 

21 the Secretary shall use such sums as are nec22 essary of the funds of the Commodity Credit Cor23 poration to provide assistance— 

24 (i) under paragraph (3) to eligible or25 chardists and nursery tree growers that 


rfrederick on DSK6VPTVN1PROD with BILLS
137 

•HR 1947 RH

1 planted trees for commercial purposes but 

2 lost the trees as a result of a natural dis3 aster, as determined by the Secretary; and 

4 (ii) under paragraph (3)(B) to eligible 

5 orchardists and nursery tree growers that 

6 have a production history for commercial 

7 purposes on planted or existing trees but 

8 lost the trees as a result of a natural dis9 aster, as determined by the Secretary. 

10 (B) LIMITATION.—An eligible orchardist or 

11 nursery tree grower shall qualify for assistance 

12 under subparagraph (A) only if the tree mor13 tality of the eligible orchardist or nursery tree 

14 grower, as a result of damaging weather or re15 lated condition, exceeds 15 percent (adjusted for 

16 normal mortality). 

17 (3) ASSISTANCE.—Subject to paragraph (4), the 

18 assistance provided by the Secretary to eligible or19 chardists and nursery tree growers for losses described 

20 in paragraph (2) shall consist of— 

21 (A)(i) reimbursement of 65 percent of the 

22 cost of replanting trees lost due to a natural dis23 aster, as determined by the Secretary, in excess 

24 of 15 percent mortality (adjusted for normal 

25 mortality); or 


rfrederick on DSK6VPTVN1PROD with BILLS
138 

•HR 1947 RH

1 (ii) at the option of the Secretary, sufficient 

2 seedlings to reestablish a stand; and 

3 (B) reimbursement of 50 percent of the cost 

4 of pruning, removal, and other costs incurred by 

5 an eligible orchardist or nursery tree grower to 

6 salvage existing trees or, in the case of tree mor7 tality, to prepare the land to replant trees as a 

8 result of damage or tree mortality due to a nat9 ural disaster, as determined by the Secretary, in 

10 excess of 15 percent damage or mortality (ad11 justed for normal tree damage and mortality). 

12 (4) LIMITATIONS ON ASSISTANCE.— 

13 (A) DEFINITIONS OF LEGAL ENTITY AND

14 PERSON.—In this paragraph, the terms ‘‘legal 

15 entity’’ and ‘‘person’’ have the meaning given 

16 those terms in section 1001(a) of the Food Secu17 rity Act of 1985 (7 U.S.C. 1308(a)). 

18 (B) AMOUNT.—The total amount of pay19 ments received, directly or indirectly, by a per20 son or legal entity (excluding a joint venture or 

21 general partnership) under this subsection may 

22 not exceed $125,000 for any crop year, or an 

23 equivalent value in tree seedlings. 

24 (C) ACRES.—The total quantity of acres 

25 planted to trees or tree seedlings for which a perVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
139 

•HR 1947 RH

1 son or legal entity shall be entitled to receive 

2 payments under this subsection may not exceed 

3 500 acres. 

4 (f) PAYMENT LIMITATIONS.— 

5 (1) DEFINITIONS OF LEGAL ENTITY AND PER6 SON.—In this subsection, the terms ‘‘legal entity’’ and 

7 ‘‘person’’ have the meaning given those terms in sec8 tion 1001(a) of the Food Security Act of 1985 (7 

9 U.S.C. 1308(a)). 

10 (2) AMOUNT.—The total amount of disaster as11 sistance payments received, directly or indirectly, by 

12 a person or legal entity (excluding a joint venture or 

13 general partnership) under this section (excluding 

14 payments received under subsection (e)) may not ex15 ceed $125,000 for any crop year. 

16 (3) DIRECT ATTRIBUTION.—Subsections (e) and 

17 (f) of section 1001 of the Food Security Act of 1985 

18 (7 U.S.C. 1308) or any successor provisions relating 

19 to direct attribution shall apply with respect to as20 sistance provided under this section. 

21 Subtitle F—Administration 

22 SEC. 1601. ADMINISTRATION GENERALLY. 

23 (a) USE OF COMMODITY CREDIT CORPORATION.—The 

24 Secretary of Agriculture shall use the funds, facilities, and 


rfrederick on DSK6VPTVN1PROD with BILLS
140 

•HR 1947 RH

1 authorities of the Commodity Credit Corporation to carry 

2 out this title. 

3 (b) DETERMINATIONS BY SECRETARY.—A determina4 tion made by the Secretary under this title shall be final 

5 and conclusive. 

6 (c) REGULATIONS.— 

7 (1) IN GENERAL.—Except as otherwise provided 

8 in this subsection, not later than 90 days after the 

9 date of enactment of this Act, the Secretary and the 

10 Commodity Credit Corporation, as appropriate, shall 

11 promulgate such regulations as are necessary to im12 plement this title and the amendments made by this 

13 title. 

14 (2) PROCEDURE.—The promulgation of the regu15 lations and administration of this title and the 

16 amendments made by this title and sections 11003 

17 and 11016 of this Act shall be made without regard 

18 to— 

19 (A) the notice and comment provisions of 

20 section 553 of title 5, United States Code; 

21 (B) chapter 35 of title 44, United States 

22 Code (commonly known as the ‘‘Paperwork Re23 duction Act’’); and 

24 (C) the Statement of Policy of the Secretary 

25 of Agriculture effective July 24, 1971 (36 Fed. 


rfrederick on DSK6VPTVN1PROD with BILLS
141 

•HR 1947 RH

1 Reg. 13804), relating to notices of proposed rule2 making and public participation in rulemaking. 

3 (3) CONGRESSIONAL REVIEW OF AGENCY RULE4 MAKING.—In carrying out this subsection, the Sec5 retary shall use the authority provided under section 

6 808 of title 5, United States Code. 

7 (d) ADJUSTMENT AUTHORITY RELATED TO TRADE

8 AGREEMENTS COMPLIANCE.— 

9 (1) REQUIRED DETERMINATION; ADJUSTMENT.— 

10 If the Secretary determines that expenditures under 

11 this title that are subject to the total allowable domes12 tic support levels under the Uruguay Round Agree13 ments (as defined in section 2 of the Uruguay Round 

14 Agreements Act (19 U.S.C. 3501)) will exceed the al15 lowable levels for any applicable reporting period, the 

16 Secretary shall, to the maximum extent practicable, 

17 make adjustments in the amount of the expenditures 

18 during that period to ensure that the expenditures do 

19 not exceed the allowable levels. 

20 (2) CONGRESSIONAL NOTIFICATION.—Before 

21 making any adjustment under paragraph (1), the 

22 Secretary shall submit to the Committee on Agri23 culture of the House of Representatives and the Com24 mittee on Agriculture, Nutrition, and Forestry of the 

25 Senate a report describing the determination made 


rfrederick on DSK6VPTVN1PROD with BILLS
142 

•HR 1947 RH

1 under that paragraph and the extent of the adjust2 ment to be made. 

3 SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT 

4 AUTHORITY. 

5 (a) AGRICULTURAL ADJUSTMENT ACT OF 1938.—The 

6 following provisions of the Agricultural Adjustment Act of 

7 1938 shall not be applicable to the 2014 through 2018 crops 

8 of covered commodities (as defined in section 1104), cotton, 

9 and sugar and shall not be applicable to milk during the 

10 period beginning on the date of enactment of this Act 

11 through December 31, 2018: 

12 (1) Parts II through V of subtitle B of title III 

13 (7 U.S.C. 1326 et seq.). 

14 (2) In the case of upland cotton, section 377 (7 

15 U.S.C. 1377). 

16 (3) Subtitle D of title III (7 U.S.C. 1379a et 

17 seq.). 

18 (4) Title IV (7 U.S.C. 1401 et seq.). 

19 (b) AGRICULTURAL ACT OF 1949.—The following pro20 visions of the Agricultural Act of 1949 shall not be applica21 ble to the 2013 through 2018 crops of covered commodities 

22 (as defined in section 1104), cotton, and sugar and shall 

23 not be applicable to milk during the period beginning on 

24 the date of enactment of this Act and through December 31, 

25 2018: 


rfrederick on DSK6VPTVN1PROD with BILLS
143 

•HR 1947 RH

1 (1) Section 101 (7 U.S.C. 1441). 

2 (2) Section 103(a) (7 U.S.C. 1444(a)). 

3 (3) Section 105 (7 U.S.C. 1444b). 

4 (4) Section 107 (7 U.S.C. 1445a). 

5 (5) Section 110 (7 U.S.C. 1445e). 

6 (6) Section 112 (7 U.S.C. 1445g). 

7 (7) Section 115 (7 U.S.C. 1445k). 

8 (8) Section 201 (7 U.S.C. 1446). 

9 (9) Title III (7 U.S.C. 1447 et seq.). 

10 (10) Title IV (7 U.S.C. 1421 et seq.), other than 

11 sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 

12 1431). 

13 (11) Title V (7 U.S.C. 1461 et seq.). 

14 (12) Title VI (7 U.S.C. 1471 et seq.). 

15 (c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 

16 The joint resolution entitled ‘‘A joint resolution relating to 

17 corn and wheat marketing quotas under the Agricultural 

18 Adjustment Act of 1938, as amended’’, approved May 26, 

19 1941 (7 U.S.C. 1330, 1340), shall not be applicable to the 

20 crops of wheat planted for harvest in the calendar years 

21 2014 through 2018. 

22 SEC. 1603. PAYMENT LIMITATIONS. 

23 (a) IN GENERAL.—Section 1001 of the Food Security 

24 Act of 1985 (7 U.S.C. 1308) is amended by striking sub25 sections (b) and (c) and inserting the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
144 

•HR 1947 RH

1 ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED COM2 MODITIES (OTHER THAN PEANUTS).— 

3 ‘‘(1) IN GENERAL.—The total amount of pay4 ments received, directly or indirectly, by a person or 

5 legal entity (except a joint venture or general partner6 ship) for any crop year under section 1101(c) of the 

7 Federal Agriculture Reform and Risk Management 

8 Act of 2013 and subsections (b) and (c) of section 

9 1107 of such Act (other than peanuts) may not exceed 

10 $125,000. 

11 ‘‘(2) ADDITIONAL LIMITATION ON PAYMENTS RE12 LATED TO UPLAND COTTON.—The total amount of di13 rect payments received, directly or indirectly, by a 

14 person or legal entity (except a joint venture or a gen15 eral partnership) for each of the 2014 and 2015 crop 

16 years under section 1101(c) of the Federal Agriculture 

17 Reform and Risk Management Act of 2013 may not 

18 exceed $40,000. 

19 ‘‘(c) LIMITATION ON PAYMENTS FOR PEANUTS.—The 

20 total amount of payments received, directly or indirectly, 

21 by a person or legal entity (except a joint venture or general 

22 partnership) for any crop year under subtitle A of title I 

23 of the Federal Agriculture Reform and Risk Management 

24 Act of 2013 for peanuts may not exceed $125,000.’’. 

25 (b) CONFORMING AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
145 

•HR 1947 RH

1 (1) Section 1001(f) of the Food Security Act of 

2 1985 (7 U.S.C. 1308(f)) is amended by striking ‘‘or 

3 title XII’’ each place it appears in paragraphs (5)(A) 

4 and (6)(A) and inserting ‘‘, title I of the Federal Ag5 riculture Reform and Risk Management Act of 2013, 

6 or title XII’’. 

7 (2) Section 1001C(a) of the Food Security Act of 

8 1985 (7 U.S.C. 1308–3(a)) is amended by inserting 

9 ‘‘title I of the Federal Agriculture Reform and Risk 

10 Management Act of 2013,’’ after ‘‘2008,’’. 

11 (c) APPLICATION.—The amendments made by this sec12 tion shall apply beginning with the 2014 crop year. 

13 SEC. 1604. ADJUSTED GROSS INCOME LIMITATION. 

14 (a) LIMITATIONS AND COVERED BENEFITS.—Section 

15 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308– 

16 3a(b)) is amended— 

17 (1) in the subsection heading, by striking ‘‘LIMI18 TATIONS’’ and inserting ‘‘LIMITATIONS ON COM19 MODITY AND CONSERVATION PROGRAMS’’; 

20 (2) by striking paragraphs (1) and (2) and in21 serting the following new paragraphs: 

22 ‘‘(1) LIMITATION.—Notwithstanding any other 

23 provision of law, a person or legal entity shall not be 

24 eligible to receive any benefit described in paragraph 

25 (2) during a crop, fiscal, or program year, as approVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
146 

•HR 1947 RH

1 priate, if the average adjusted gross income of the per2 son or legal entity exceeds $950,000. 

3 ‘‘(2) COVERED BENEFITS.—Paragraph (1) ap4 plies with respect to a payment or benefit under sub5 title A, B, or E of title I, or title II of the Federal 

6 Agriculture Reform and Risk Management Act of 

7 2013, title II of the Farm Security and Rural Invest8 ment Act of 2002, title II of the Food, Conservation, 

9 and Energy Act of 2008, title XII of the Food Secu10 rity Act of 1985, section 524(b) of the Federal Crop 

11 Insurance Act (7 U.S.C. 1524(b)), or section 196 of 

12 the Federal Agriculture Improvement and Reform Act 

13 of 1996 (7 U.S.C. 7333).’’. 

14 (b) ELIMINATION OF UNUSED DEFINITIONS.—Para15 graph (1) of section 1001D(a) of the Food Security Act of 

16 1985 (7 U.S.C. 1308–3a(a)) is amended to read as follows: 

17 ‘‘(1) AVERAGE ADJUSTED GROSS INCOME.—In 

18 this section, the term ‘average adjusted gross income’, 

19 with respect to a person or legal entity, means the av20 erage of the adjusted gross income or comparable 

21 measure of the person or legal entity over the 3 tax22 able years preceding the most immediately preceding 

23 complete taxable year, as determined by the Sec24 retary.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
147 

•HR 1947 RH

1 (c) INCOME DETERMINATION.—Section 1001D of the 

2 Food Security Act of 1985 (7 U.S.C. 1308–3a) is amend3 ed— 

4 (1) by striking subsection (c); and 

5 (2) by redesignating subsections (d), (e), and (f) 

6 as subsections (c), (d), and (e), respectively. 

7 (d) CONFORMING AMENDMENTS.—Section 1001D of 

8 the Food Security Act of 1985 (7 U.S.C. 1308–3a) is 

9 amended— 

10 (1) in subsection (a)(2)— 

11 (A) by striking ‘‘subparagraph (A) or (B) 

12 of’’; and 

13 (B) by striking ‘‘, the average adjusted gross 

14 farm income, and the average adjusted gross 

15 nonfarm income’’; 

16 (2) in subsection (a)(3), by striking ‘‘, average 

17 adjusted gross farm income, and average adjusted 

18 gross nonfarm income’’ both places it appears; 

19 (3) in subsection (c) (as redesignated by sub20 section (c)(2) of this section)— 

21 (A) in paragraph (1), by striking ‘‘, average 

22 adjusted gross farm income, and average ad23 justed gross nonfarm income’’ both places it ap24 pears; and 


rfrederick on DSK6VPTVN1PROD with BILLS
148 

•HR 1947 RH

1 (B) in paragraph (2), by striking ‘‘para2 graphs (1)(C) and (2)(B) of subsection (b)’’ and 

3 inserting ‘‘subsection (b)(2)’’; and 

4 (4) in subsection (d) (as redesignated by sub5 section (c)(2) of this section)— 

6 (A) by striking ‘‘paragraphs (1)(C) and 

7 (2)(B) of subsection (b)’’ and inserting ‘‘sub8 section (b)(2)’’; and 

9 (B) by striking ‘‘, average adjusted gross 

10 farm income, or average adjusted gross nonfarm 

11 income’’. 

12 (e) EFFECTIVE PERIOD.—Subsection (e) of section 

13 1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 

14 3a), as redesignated by subsection (c)(2) of this section, is 

15 amended by striking ‘‘2009 through 2012’’ and inserting 

16 ‘‘2014 through 2018’’. 

17 (f) LIMITATION ON APPLICABILITY.—Section 1001(d) 

18 of the Food Security Act of 1985 (7 U.S.C. 1308) is amend19 ed by inserting before the period at the end the following: 

20 ‘‘or title I of the Federal Agriculture Reform and Risk Man21 agement Act of 2013’’. 

22 (g) TRANSITION.—Section 1001D of the Food Security 

23 Act of 1985 (7 U.S.C. 1308-3a), as in effect on the day be24 fore the date of the enactment of this Act, shall apply with 

25 respect to the 2013 crop, fiscal, or program year, as approVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
149 

•HR 1947 RH

1 priate, for each program described in paragraphs (1)(C) 

2 and (2)(B) of subsection (b) of that section (as so in effect 

3 on that day). 

4 SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS 

5 AND RANCHERS. 

6 Section 1621(d) of the Food, Conservation, and Energy 

7 Act of 2008 (7 U.S.C. 8792(d)) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFI10 CIENCIES. 

11 Section 164 of the Federal Agriculture Improvement 

12 and Reform Act of 1996 (7 U.S.C. 7284) is amended by 

13 striking ‘‘and title I of the Food, Conservation, and Energy 

14 Act of 2008’’ each place it appears and inserting ‘‘title I 

15 of the Food, Conservation, and Energy Act of 2008 (7 

16 U.S.C. 8702 et seq.), and title I of the Federal Agriculture 

17 Reform and Risk Management Act of 2013’’. 

18 SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RE19 CEIVING PAYMENTS UNDER FARM COM20 MODITY PROGRAMS. 

21 (a) RECONCILIATION.—At least twice each year, the 

22 Secretary shall reconcile social security numbers of all indi23 viduals who receive payments under this title, whether di24 rectly or indirectly, with the Commissioner of Social Secu25 rity to determined if the individuals are alive. 


rfrederick on DSK6VPTVN1PROD with BILLS
150 

•HR 1947 RH

1 (b) PRECLUSION.—The Secretary shall preclude the 

2 issuance of payments to, and on behalf of, deceased individ3 uals that were not eligible for payments. 

4 SEC. 1608. TECHNICAL CORRECTIONS. 

5 (a) MISSING PUNCTUATION.—Section 359f(c)(1)(B) of 

6 the Agricultural Adjustment Act of 1938 (7 U.S.C. 

7 1359ff(c)(1)(B)) is amended by adding a period at the end. 

8 (b) ERRONEOUS CROSS REFERENCE.— 

9 (1) AMENDMENT.—Section 1603(g) of the Food, 

10 Conservation, and Energy Act of 2008 (Public Law 

11 110–246; 122 Stat. 1739) is amended in paragraphs 

12 (2) through (6) and the amendments made by those 

13 paragraphs by striking ‘‘1703(a)’’ each place it ap14 pears and inserting ‘‘1603(a)’’. 

15 (2) EFFECTIVE DATE.—This subsection and the 

16 amendments made by this subsection take effect as if 

17 included in the Food, Conservation, and Energy Act 

18 of 2008 (Public Law 110–246; 122 Stat. 1651). 

19 (c) CONTINUED APPLICABILITY OF APPROPRIATIONS

20 GENERAL PROVISION.—Section 767 of division A of Public 

21 Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is amend22 ed— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘sections 1101 and 1102 of 

25 Public Law 107–171’’ and inserting ‘‘subtitle A 


rfrederick on DSK6VPTVN1PROD with BILLS
151 

•HR 1947 RH

1 of title I of the Federal Agriculture Reform and 

2 Risk Management Act of 2013’’; and 

3 (B) by striking ‘‘such section 1102’’ and in4 serting ‘‘such subtitle’’; and 

5 (2) by striking subsection (b) and inserting the 

6 following new subsection: 

7 ‘‘(b) This section, as amended by section 1608(c) of the 

8 Federal Agriculture Reform and Risk Management Act of 

9 2013, shall take effect beginning with the 2014 crop year.’’. 

10 SEC. 1609. ASSIGNMENT OF PAYMENTS. 

11 (a) IN GENERAL.—The provisions of section 8(g) of the 

12 Soil Conservation and Domestic Allotment Act (16 U.S.C. 

13 590h(g)), relating to assignment of payments, shall apply 

14 to payments made under this title. 

15 (b) NOTICE.—The producer making the assignment, or 

16 the assignee, shall provide the Secretary with notice, in such 

17 manner as the Secretary may require, of any assignment 

18 made under this section. 

19 SEC. 1610. TRACKING OF BENEFITS. 

20 As soon as practicable after the date of enactment of 

21 this Act, the Secretary may track the benefits provided, di22 rectly or indirectly, to individuals and entities under titles 

23 I and II and the amendments made by those titles. 


rfrederick on DSK6VPTVN1PROD with BILLS
152 

•HR 1947 RH

1 SEC. 1611. SIGNATURE AUTHORITY. 

2 (a) IN GENERAL.—In carrying out this title and title 

3 II and amendments made by those titles, if the Secretary 

4 approves a document, the Secretary shall not subsequently 

5 determine the document is inadequate or invalid because 

6 of the lack of authority of any person signing the document 

7 on behalf of the applicant or any other individual, entity, 

8 general partnership, or joint venture, or the documents re9 lied upon were determined inadequate or invalid, unless the 

10 person signing the program document knowingly and will11 fully falsified the evidence of signature authority or a signa12 ture. 

13 (b) AFFIRMATION.— 

14 (1) IN GENERAL.—Nothing in this section pro15 hibits the Secretary from asking a proper party to af16 firm any document that otherwise would be consid17 ered approved under subsection (a). 

18 (2) NO RETROACTIVE EFFECT.—A denial of bene19 fits based on a lack of affirmation under paragraph 

20 (1) shall not be retroactive with respect to third-party 

21 producers who were not the subject of the erroneous 

22 representation of authority, if the third-party pro23 ducers— 

24 (A) relied on the prior approval by the Sec25 retary of the documents in good faith; and 


rfrederick on DSK6VPTVN1PROD with BILLS
153 

•HR 1947 RH

1 (B) substantively complied with all pro2 gram requirements. 

3 SEC. 1612. IMPLEMENTATION. 

4 (a) STREAMLINING.—In implementing this title, the 

5 Secretary shall, to the maximum extent practicable— 

6 (1) seek to reduce administrative burdens and 

7 costs to producers by streamlining and reducing pa8 perwork, forms, and other administrative require9 ments; 

10 (2) improve coordination, information sharing, 

11 and administrative work with the Risk Management 

12 Agency and the Natural Resources Conservation Serv13 ice; and 

14 (3) take advantage of new technologies to en15 hance efficiency and effectiveness of program delivery 

16 to producers. 

17 (b) MAINTENANCE OF BASE ACRES AND PAYMENT

18 YIELDS.— 

19 (1) IN GENERAL.—The Secretary shall maintain 

20 through September 30, 2018, for each covered com21 modity and upland cotton, base acres and payment 

22 yields on a farm established under— 

23 (A)(i) in the case of covered commodities 

24 and upland cotton, sections 1101 and 1102 of the 


rfrederick on DSK6VPTVN1PROD with BILLS
154 

•HR 1947 RH

1 Farm Security and Rural Investment Act of 

2 2002 (7 U.S.C. 7911, 7912); and 

3 (ii) in the case of peanuts, section 1302 of 

4 that Act (7 U.S.C. 7952); and 

5 (B)(i) in the case of covered commodities 

6 and upland cotton, sections 1101 and 1102 of the 

7 Food, Conservation, and Energy Act of 2008 (7 

8 U.S.C. 8711, 8712); and 

9 (ii) in the case of peanuts, section 1302 of 

10 that Act (7 U.S.C. 8752). 

11 (2) SPECIAL RULE FOR LONG GRAIN AND ME12 DIUM GRAIN RICE.— 

13 (A) IN GENERAL.—The Secretary shall 

14 maintain separate base acres for long grain rice 

15 and medium grain rice. 

16 (B) LIMITATION.—In carrying out this 

17 paragraph, the Secretary shall use the same total 

18 base acres and payment yields established with 

19 respect to rice under sections 1108 of the Food, 

20 Conservation, and Energy Act of 2008 (7 U.S.C. 

21 8718), as in effect on the day before the date of 

22 enactment of this Act, subject to any adjustment 

23 under section 1105. 


rfrederick on DSK6VPTVN1PROD with BILLS
155 

•HR 1947 RH

1 (c) IMPLEMENTATION.—The Secretary shall make 

2 available to the Farm Service Agency to carry out this title 

3 $100,000,000. 

4 SEC. 1613. PROTECTION OF PRODUCER INFORMATION. 

5 (a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO6 TECTED INFORMATION.—Except as provided in subsection 

7 (b), the Secretary, any officer or employee of the Depart8 ment of Agriculture, any contractor or cooperator of the De9 partment, and any officer or employee of another Federal 

10 agency shall not disclose— 

11 (1) information submitted by a producer or 

12 owner of agricultural land to the Federal Government 

13 pursuant to title I or II of this Act; or 

14 (2) other information provided by a producer or 

15 owner of agricultural land concerning the agricul16 tural operation, farming or conservation practices, or 

17 the land itself in order to participate in programs of 

18 the Department of Agriculture or other Federal agen19 cies. 

20 (b) EXCEPTIONS.—Information described in subsection 

21 (a) may be disclosed if— 

22 (1) the information is required to be made pub23 licly available under any other provision of Federal 

24 law; 


rfrederick on DSK6VPTVN1PROD with BILLS
156 

•HR 1947 RH

1 (2) the producer or owner of agricultural land 

2 who provided the information has lawfully publicly 

3 disclosed the information; 

4 (3) the producer or owner of agricultural land 

5 who provided the information consents to the disclo6 sure; or 

7 (4) the information is disclosed to the Attorney 

8 General, to the extent necessary, to ensure compliance 

9 and law enforcement. 

10 (c) NOTICE OF DISCLOSURE.—Any disclosure of infor11 mation pursuant to an exception provided in subsection (b) 

12 shall be reported to the Committee on Agriculture of the 

13 House of Representatives and the Committee on Agri14 culture, Nutrition, and Forestry of the Senate within 24 

15 hours after the disclosure. 

16 (d) PRODUCER DEFINED.—In this section, the term 

17 ‘‘producer’’ has the meaning given that term in section 

18 1104(14) of this Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
157 

•HR 1947 RH

1 TITLE II—CONSERVATION 

2 Subtitle A—Conservation Reserve 

3 Program 

4 SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS 

5 OF CONSERVATION RESERVE PROGRAM. 

6 (a) EXTENSION.—Section 1231(a) of the Food Security 

7 Act of 1985 (16 U.S.C. 3831(a)) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2018’’. 

9 (b) ELIGIBLE LAND.—Section 1231(b) of the Food Se10 curity Act of 1985 (16 U.S.C. 3831(b)) is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘the date of 

12 enactment of the Food, Conservation, and Energy Act 

13 of 2008’’ and inserting ‘‘the date of the enactment of 

14 the Federal Agriculture Reform and Risk Manage15 ment Act of 2013’’; 

16 (2) by striking paragraph (2) and redesignating 

17 paragraph (3) as paragraph (2); 

18 (3) by inserting before paragraph (4) the fol19 lowing new paragraph: 

20 ‘‘(3) grasslands that— 

21 ‘‘(A) contain forbs or shrubland (including 

22 improved rangeland and pastureland) for which 

23 grazing is the predominant use; 

24 ‘‘(B) are located in an area historically 

25 dominated by grasslands; and 


rfrederick on DSK6VPTVN1PROD with BILLS
158 

•HR 1947 RH

1 ‘‘(C) could provide habitat for animal and 

2 plant populations of significant ecological value 

3 if the land is retained in its current use or re4 stored to a natural condition;’’; 

5 (4) in paragraph (4)(C), by striking ‘‘filterstrips 

6 devoted to trees or shrubs’’ and inserting ‘‘filterstrips 

7 or riparian buffers devoted to trees, shrubs, or 

8 grasses’’; and 

9 (5) by striking paragraph (5) and inserting the 

10 following new paragraph: 

11 ‘‘(5) the portion of land in a field not enrolled 

12 in the conservation reserve in a case in which— 

13 ‘‘(A) more than 50 percent of the land in 

14 the field is enrolled as a buffer or filterstrip, or 

15 more than 75 percent of the land in the field is 

16 enrolled as a conservation practice other than as 

17 a buffer or filterstrip; and 

18 ‘‘(B) the remainder of the field is— 

19 ‘‘(i) infeasible to farm; and 

20 ‘‘(ii) enrolled at regular rental rates.’’. 

21 (c) PLANTING STATUS OF CERTAIN LAND.—Section 

22 1231(c) of the Food Security Act of 1985 (16 U.S.C. 

23 3831(c)) is amended by striking ‘‘if’’ and all that follows 

24 through the period at the end and inserting ‘‘if, during the 

25 crop year, the land was devoted to a conserving use.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
159 

•HR 1947 RH

1 (d) ENROLLMENT.—Subsection (d) of section 1231 of 

2 the Food Security Act of 1985 (16 U.S.C. 3831) is amended 

3 to read as follows: 

4 ‘‘(d) ENROLLMENT.— 

5 ‘‘(1) MAXIMUM ACREAGE ENROLLED.—The Sec6 retary may maintain in the conservation reserve at 

7 any one time during— 

8 ‘‘(A) fiscal year 2014, no more than 

9 27,500,000 acres; 

10 ‘‘(B) fiscal year 2015, no more than 

11 26,000,000 acres; 

12 ‘‘(C) fiscal year 2016, no more than 

13 25,000,000 acres; 

14 ‘‘(D) fiscal year 2017, no more than 

15 24,000,000 acres; and 

16 ‘‘(E) fiscal year 2018, no more than 

17 24,000,000 acres. 

18 ‘‘(2) GRASSLANDS.— 

19 ‘‘(A) LIMITATION.—For purposes of apply20 ing the limitations in paragraph (1), no more 

21 than 2,000,000 acres of the land described in 

22 subsection (b)(3) may be enrolled in the program 

23 at any one time during the 2014 through 2018 

24 fiscal years. 


rfrederick on DSK6VPTVN1PROD with BILLS
160 

•HR 1947 RH

1 ‘‘(B) PRIORITY.—In enrolling acres under 

2 subparagraph (A), the Secretary may give pri3 ority to land with expiring conservation reserve 

4 program contracts. 

5 ‘‘(C) METHOD OF ENROLLMENT.—In enroll6 ing acres under subparagraph (A), the Secretary 

7 shall make the program available to owners or 

8 operators of eligible land on a continuous enroll9 ment basis with one or more ranking periods.’’. 

10 (e) DURATION OF CONTRACT.—Section 1231(e) of the 

11 Food Security Act of 1985 (16 U.S.C. 3831(e)) is amended 

12 by striking paragraphs (2) and (3) and inserting the fol13 lowing new paragraph: 

14 ‘‘(2) SPECIAL RULE FOR CERTAIN LAND.—In the 

15 case of land devoted to hardwood trees, shelterbelts, 

16 windbreaks, or wildlife corridors under a contract en17 tered into under this subchapter, the owner or oper18 ator of the land may, within the limitations pre19 scribed under paragraph (1), specify the duration of 

20 the contract.’’. 

21 (f) CONSERVATION PRIORITY AREAS.—Section 1231(f) 

22 of the Food Security Act of 1985 (16 U.S.C. 3831(f)) is 

23 amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
161 

•HR 1947 RH

1 (1) in paragraph (1), by striking ‘‘watershed 

2 areas of the Chesapeake Bay Region, the Great Lakes 

3 Region, the Long Island Sound Region, and other’’; 

4 (2) in paragraph (2), by striking ‘‘WATER5 SHEDS.—Watersheds’’ and inserting ‘‘AREAS.— 

6 Areas’’; and 

7 (3) in paragraph (3), by striking ‘‘a watershed’s 

8 designation—’’ and all that follows through the pe9 riod at the end and inserting ‘‘an area’s designation 

10 if the Secretary finds that the area no longer contains 

11 actual and significant adverse water quality or habi12 tat impacts related to agricultural production activi13 ties.’’. 

14 SEC. 2002. FARMABLE WETLAND PROGRAM. 

15 (a) EXTENSION.—Section 1231B(a)(1) of the Food Se16 curity Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended— 

17 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

18 and 

19 (2) by striking ‘‘a program’’ and inserting ‘‘a 

20 farmable wetland program’’. 

21 (b) ELIGIBLE ACREAGE.—Section 1231B(b)(1)(B) of 

22 the Food Security Act of 1985 (16 U.S.C. 3831b(b)(1)(B)) 

23 is amended by striking ‘‘flow from a row crop agriculture 

24 drainage system’’ and inserting ‘‘surface and subsurface 

25 flow from row crop agricultural production’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
162 

•HR 1947 RH

1 (c) ACREAGE LIMITATION.—Section 1231B(c)(1)(B) of 

2 the Food Security Act of 1985 (16 U.S.C. 3831b(c)(1)(B)) 

3 is amended by striking ‘‘1,000,000’’ and inserting 

4 ‘‘750,000’’. 

5 (d) CLERICAL AMENDMENT.—The heading of section 

6 1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) 

7 is amended to read as follows: ‘‘FARMABLE WETLAND

8 PROGRAM’’. 

9 SEC. 2003. DUTIES OF OWNERS AND OPERATORS. 

10 (a) LIMITATION ON HARVESTING, GRAZING, OR COM11 MERCIAL USE OF FORAGE.—Section 1232(a)(8) of the Food 

12 Security Act of 1985 (16 U.S.C. 3832(a)(8)) is amended 

13 by striking ‘‘except that’’ and all that follows through the 

14 semicolon at the end of the paragraph and inserting ‘‘except 

15 as provided in subsection (b) or (c) of section 1233;’’. 

16 (b) CONSERVATION PLAN REQUIREMENTS.—Sub17 section (b) of section 1232 of the Food Security Act of 1985 

18 (16 U.S.C. 3832) is amended to read as follows: 

19 ‘‘(b) CONSERVATION PLANS.—The plan referred to in 

20 subsection (a)(1) shall set forth— 

21 ‘‘(1) the conservation measures and practices to 

22 be carried out by the owner or operator during the 

23 term of the contract; and 

24 ‘‘(2) the commercial use, if any, to be permitted 

25 on the land during the term.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
163 

•HR 1947 RH

1 (c) RENTAL PAYMENT REDUCTION.—Section 1232 of 

2 the Food Security Act of 1985 (16 U.S.C. 3832) is amended 

3 by striking subsection (d). 

4 SEC. 2004. DUTIES OF THE SECRETARY. 

5 Section 1233 of the Food Security Act of 1985 (16 

6 U.S.C. 3833) is amended to read as follows: 

7 ‘‘SEC. 1233. DUTIES OF THE SECRETARY. 

8 ‘‘(a) COST-SHARE AND RENTAL PAYMENTS.—In re9 turn for a contract entered into by an owner or operator 

10 under the conservation reserve program, the Secretary 

11 shall— 

12 ‘‘(1) share the cost of carrying out the conserva13 tion measures and practices set forth in the contract 

14 for which the Secretary determines that cost sharing 

15 is appropriate and in the public interest; and 

16 ‘‘(2) for a period of years not in excess of the 

17 term of the contract, pay an annual rental payment 

18 in an amount necessary to compensate for— 

19 ‘‘(A) the conversion of highly erodible crop20 land or other eligible lands normally devoted to 

21 the production of an agricultural commodity on 

22 a farm or ranch to a less intensive use; 

23 ‘‘(B) the retirement of any base history that 

24 the owner or operator agrees to retire perma25 nently; and 


rfrederick on DSK6VPTVN1PROD with BILLS
164 

•HR 1947 RH

1 ‘‘(C) the development and management of 

2 grasslands for multiple natural resource con3 servation benefits, including to soil, water, air, 

4 and wildlife. 

5 ‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—The Sec6 retary shall permit certain activities or commercial uses of 

7 land that is subject to a contract under the conservation 

8 reserve program in a manner that is consistent with a plan 

9 approved by the Secretary, as follows: 

10 ‘‘(1) Harvesting, grazing, or other commercial 

11 use of the forage in response to a drought or other 

12 emergency created by a natural disaster, without any 

13 reduction in the rental rate. 

14 ‘‘(2) Consistent with the conservation of soil, 

15 water quality, and wildlife habitat (including habitat 

16 during nesting seasons for birds in the area), and in 

17 exchange for a reduction of not less than 25 percent 

18 in the annual rental rate for the acres covered by the 

19 authorized activity— 

20 ‘‘(A) managed harvesting and other com21 mercial use (including the managed harvesting 

22 of biomass), except that in permitting managed 

23 harvesting, the Secretary, in coordination with 

24 the State technical committee— 


rfrederick on DSK6VPTVN1PROD with BILLS
165 

•HR 1947 RH

1 ‘‘(i) shall develop appropriate vegeta2 tion management requirements; and 

3 ‘‘(ii) shall identify periods during 

4 which managed harvesting may be con5 ducted, such that the frequency is not more 

6 than once every three years; 

7 ‘‘(B) routine grazing or prescribed grazing 

8 for the control of invasive species, except that in 

9 permitting such routine grazing or prescribed 

10 grazing, the Secretary, in coordination with the 

11 State technical committee— 

12 ‘‘(i) shall develop appropriate vegeta13 tion management requirements and stocking 

14 rates for the land that are suitable for con15 tinued routine grazing; and 

16 ‘‘(ii) shall identify the periods during 

17 which routine grazing may be conducted, 

18 such that the frequency is not more than 

19 once every two years, taking into consider20 ation regional differences such as— 

21 ‘‘(I) climate, soil type, and nat22 ural resources; 

23 ‘‘(II) the number of years that 

24 should be required between routine 

25 grazing activities; and 


rfrederick on DSK6VPTVN1PROD with BILLS
166 

•HR 1947 RH

1 ‘‘(III) how often during a year in 

2 which routine grazing is permitted 

3 that routine grazing should be allowed 

4 to occur; and 

5 ‘‘(C) the installation of wind turbines and 

6 associated access, except that in permitting the 

7 installation of wind turbines, the Secretary shall 

8 determine the number and location of wind tur9 bines that may be installed, taking into ac10 count— 

11 ‘‘(i) the location, size, and other phys12 ical characteristics of the land; 

13 ‘‘(ii) the extent to which the land con14 tains wildlife and wildlife habitat; and 

15 ‘‘(iii) the purposes of the conservation 

16 reserve program under this subchapter. 

17 ‘‘(3) The intermittent and seasonal use of vegeta18 tive buffer practices incidental to agricultural produc19 tion on lands adjacent to the buffer such that the per20 mitted use does not destroy the permanent vegetative 

21 cover. 

22 ‘‘(c) AUTHORIZED ACTIVITIES ON GRASSLANDS.—For 

23 eligible land described in section 1231(b)(3), the Secretary 

24 shall permit the following activities: 


rfrederick on DSK6VPTVN1PROD with BILLS
167 

•HR 1947 RH

1 ‘‘(1) Common grazing practices, including main2 tenance and necessary cultural practices, on the land 

3 in a manner that is consistent with maintaining the 

4 viability of grassland, forb, and shrub species appro5 priate to that locality. 

6 ‘‘(2) Haying, mowing, or harvesting for seed 

7 production, subject to appropriate restrictions during 

8 the nesting season for critical bird species in the area. 

9 ‘‘(3) Fire presuppression, fire-related rehabilita10 tion, and construction of fire breaks. 

11 ‘‘(4) Grazing-related activities, such as fencing 

12 and livestock watering. 

13 ‘‘(d) RESOURCE CONSERVING USE.— 

14 ‘‘(1) IN GENERAL.—Beginning on the date that 

15 is 1 year before the date of termination of a contract 

16 under the program, the Secretary shall allow an 

17 owner or operator to make conservation and land im18 provements that facilitate maintaining protection of 

19 enrolled land after expiration of the contract. 

20 ‘‘(2) CONSERVATION PLAN.—The Secretary shall 

21 require an owner or operator carrying out the activi22 ties described in paragraph (1) to develop and imple23 ment a conservation plan. 

24 ‘‘(3) RE-ENROLLMENT PROHIBITED.—Land im25 proved under paragraph (1) may not be re-enrolled in 


rfrederick on DSK6VPTVN1PROD with BILLS
168 

•HR 1947 RH

1 the conservation reserve program for 5 years after the 

2 date of termination of the contract.’’. 

3 SEC. 2005. PAYMENTS. 

4 (a) TREES, WINDBREAKS, SHELTERBELTS, AND WILD5 LIFE CORRIDORS.—Section 1234(b)(3)(A) of the Food Secu6 rity Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is amended— 

7 (1) in clause (i), by inserting ‘‘and’’ after the 

8 semicolon; 

9 (2) by striking clause (ii); and 

10 (3) by redesignating clause (iii) as clause (ii). 

11 (b) ANNUAL RENTAL PAYMENTS.—Section 1234(c) of 

12 the Food Security Act of 1985 (16 U.S.C. 3834(c)) is 

13 amended— 

14 (1) in paragraph (1), by inserting ‘‘or other eli15 gible lands’’ after ‘‘highly erodible cropland’’ both 

16 places it appears; and 

17 (2) by striking paragraph (2) and inserting the 

18 following new paragraph: 

19 ‘‘(2) METHODS OF DETERMINATION.— 

20 ‘‘(A) IN GENERAL.—The amounts payable 

21 to owners or operators in the form of rental pay22 ments under contracts entered into under this 

23 subchapter may be determined through— 


rfrederick on DSK6VPTVN1PROD with BILLS
169 

•HR 1947 RH

1 ‘‘(i) the submission of bids for such 

2 contracts by owners and operators in such 

3 manner as the Secretary may prescribe; or 

4 ‘‘(ii) such other means as the Secretary 

5 determines are appropriate. 

6 ‘‘(B) GRASSLANDS.—In the case of eligible 

7 land described in section 1231(b)(3), the Sec8 retary shall make annual payments in an 

9 amount that is not more than 75 percent of the 

10 grazing value of the land covered by the con11 tract.’’. 

12 (c) PAYMENT SCHEDULE.—Subsection (d) of section 

13 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) 

14 is amended to read as follows: 

15 ‘‘(d) PAYMENT SCHEDULE.— 

16 ‘‘(1) IN GENERAL.—Except as otherwise provided 

17 in this section, payments under this subchapter shall 

18 be made in cash in such amount and on such time 

19 schedule as is agreed on and specified in the contract. 

20 ‘‘(2) ADVANCE PAYMENT.—Payments under this 

21 subchapter may be made in advance of determination 

22 of performance.’’. 

23 (d) PAYMENT LIMITATION.—Section 1234(f) of the 

24 Food Security Act of 1985 (16 U.S.C. 3834(f)) is amend25 ed— 


rfrederick on DSK6VPTVN1PROD with BILLS
170 

•HR 1947 RH

1 (1) in paragraph (1), by striking ‘‘, including 

2 rental payments made in the form of in-kind com3 modities,’’; 

4 (2) by striking paragraph (3); and 

5 (3) by redesignating paragraph (4) as para6 graph (2). 

7 SEC. 2006. CONTRACT REQUIREMENTS. 

8 (a) EARLY TERMINATION BY OWNER OR OPERATOR.— 

9 Section 1235(e) of the Food Security Act of 1985 (16 U.S.C. 

10 3835(e)) is amended— 

11 (1) in paragraph (1)(A)— 

12 (A) by striking ‘‘The Secretary’’ and insert13 ing ‘‘During fiscal year 2014, the Secretary’’; 

14 and 

15 (B) by striking ‘‘before January 1, 1995,’’; 

16 (2) in paragraph (2), by striking subparagraph 

17 (C) and inserting the following: 

18 ‘‘(C) Land devoted to hardwood trees. 

19 ‘‘(D) Wildlife habitat, duck nesting habitat, 

20 pollinator habitat, upland bird habitat buffer, 

21 wildlife food plots, State acres for wildlife en22 hancement, shallow water areas for wildlife, and 

23 rare and declining habitat. 

24 ‘‘(E) Farmable wetland and restored wet25 land. 


rfrederick on DSK6VPTVN1PROD with BILLS
171 

•HR 1947 RH

1 ‘‘(F) Land that contains diversions, erosion 

2 control structures, flood control structures, con3 tour grass strips, living snow fences, salinity re4 ducing vegetation, cross wind trap strips, and 

5 sediment retention structures. 

6 ‘‘(G) Land located within a federally-des7 ignated wellhead protection area. 

8 ‘‘(H) Land that is covered by an easement 

9 under the conservation reserve program. 

10 ‘‘(I) Land located within an average width, 

11 according to the applicable Natural Resources 

12 Conservation Service field office technical guide, 

13 of a perennial stream or permanent water 

14 body.’’; and 

15 (3) in paragraph (3), by striking ‘‘60 days after 

16 the date on which the owner or operator submits the 

17 notice required under paragraph (1)(C)’’ and insert18 ing ‘‘upon approval by the Secretary’’. 

19 (b) TRANSITION OPTION FOR CERTAIN FARMERS OR

20 RANCHERS.—Section 1235(f) of the Food Security Act of 

21 1985 (16 U.S.C. 3835(f)) is amended— 

22 (1) in paragraph (1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘DUTIES’’ and all that follows 

25 through ‘‘a beginning farmer’’ and inserting 


rfrederick on DSK6VPTVN1PROD with BILLS
172 

•HR 1947 RH

1 ‘‘TRANSITION TO COVERED FARMER OR RANCH2 ER.—In the case of a contract modification ap3 proved in order to facilitate the transfer of land 

4 subject to a contract from a retired farmer or 

5 rancher to a beginning farmer’’; 

6 (B) in subparagraph (A)(i), by inserting ‘‘, 

7 including preparing to plant an agricultural 

8 crop’’ after ‘‘improvements’’; 

9 (C) in subparagraph (D), by striking ‘‘the 

10 farmer or rancher’’ and inserting ‘‘the covered 

11 farmer or rancher’’; and 

12 (D) in subparagraph (E), by striking ‘‘sec13 tion 1001A(b)(3)(B)’’ and inserting ‘‘section 

14 1001’’; and 

15 (2) in paragraph (2), by striking ‘‘requirement 

16 of section 1231(h)(4)(B)’’ and inserting ‘‘option pur17 suant to section 1234(c)(2)(A)(ii)’’. 

18 (c) FINAL YEAR CONTRACT.—Section 1235 of the Food 

19 Security Act of 1985 (16 U.S.C. 3835) is amended by add20 ing at the end the following new subsections: 

21 ‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary shall 

22 not consider an owner or operator to be in violation of a 

23 term or condition of the conservation reserve contract if— 


rfrederick on DSK6VPTVN1PROD with BILLS
173 

•HR 1947 RH

1 ‘‘(1) during the year prior to expiration of the 

2 contract, the land is enrolled in the conservation stew3 ardship program; and 

4 ‘‘(2) the activity required under the conservation 

5 stewardship program pursuant to such enrollment is 

6 consistent with this subchapter. 

7 ‘‘(h) LAND ENROLLED IN AGRICULTURAL CONSERVA8 TION EASEMENT PROGRAM.—The Secretary may terminate 

9 or modify a contract entered into under this subchapter if 

10 eligible land that is subject to such contract is transferred 

11 into the agricultural conservation easement program under 

12 subtitle H.’’. 

13 SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT 

14 TO OTHER CONSERVING USES. 

15 Section 1235A of the Food Security Act of 1985 (16 

16 U.S.C. 3835a) is repealed. 

17 SEC. 2008. EFFECTIVE DATE. 

18 (a) IN GENERAL.—The amendments made by this sub19 title shall take effect on October 1, 2013, except the amend20 ment made by section 2001(d), which shall take effect on 

21 the date of the enactment of this Act. 

22 (b) EFFECT ON EXISTING CONTRACTS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the amendments made by this subtitle shall 

25 not affect the validity or terms of any contract enVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
174 

•HR 1947 RH

1 tered into by the Secretary of Agriculture under sub2 chapter B of chapter 1 of subtitle D of title XII of the 

3 Food Security Act of 1985 (16 U.S.C. 3831 et seq.) 

4 before October 1, 2013, or any payments required to 

5 be made in connection with the contract. 

6 (2) UPDATING OF EXISTING CONTRACTS.—The 

7 Secretary shall permit an owner or operator of land 

8 subject to a contract entered into under subchapter B 

9 of chapter 1 of subtitle D of title XII of the Food Se10 curity Act of 1985 (16 U.S.C. 3831 et seq.) before Oc11 tober 1, 2013, to update the contract to reflect the ac12 tivities and uses of land under contract permitted 

13 under the terms and conditions of section 1233(b) of 

14 that Act (as amended by section 2004), as determined 

15 appropriate by the Secretary. 

16 Subtitle B—Conservation 

17 Stewardship Program 

18 SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM. 

19 (a) REVISION OF CURRENT PROGRAM.—Subchapter B 

20 of chapter 2 of subtitle D of title XII of the Food Security 

21 Act of 1985 (16 U.S.C. 3838d et seq.) is amended to read 

22 as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
175 

•HR 1947 RH

1 ‘‘Subchapter B—Conservation Stewardship 

2 Program 

3 ‘‘SEC. 1238D. DEFINITIONS. 

4 ‘‘In this subchapter: 

5 ‘‘(1) AGRICULTURAL OPERATION.—The term ‘ag6 ricultural operation’ means all eligible land, whether 

7 or not contiguous, that is— 

8 ‘‘(A) under the effective control of a pro9 ducer at the time the producer enters into a con10 tract under the program; and 

11 ‘‘(B) operated with equipment, labor, man12 agement, and production or cultivation practices 

13 that are substantially separate from other agri14 cultural operations, as determined by the Sec15 retary. 

16 ‘‘(2) CONSERVATION ACTIVITIES.— 

17 ‘‘(A) IN GENERAL.—The term ‘conservation 

18 activities’ means conservation systems, practices, 

19 or management measures. 

20 ‘‘(B) INCLUSIONS.—The term ‘conservation 

21 activities’ includes— 

22 ‘‘(i) structural measures, vegetative 

23 measures, and land management measures, 

24 including agriculture drainage management 


rfrederick on DSK6VPTVN1PROD with BILLS
176 

•HR 1947 RH

1 systems, as determined by the Secretary; 

2 and 

3 ‘‘(ii) planning needed to address a pri4 ority resource concern. 

5 ‘‘(3) CONSERVATION STEWARDSHIP PLAN.—The 

6 term ‘conservation stewardship plan’ means a plan 

7 that— 

8 ‘‘(A) identifies and inventories priority re9 source concerns; 

10 ‘‘(B) establishes benchmark data and con11 servation objectives; 

12 ‘‘(C) describes conservation activities to be 

13 implemented, managed, or improved; and 

14 ‘‘(D) includes a schedule and evaluation 

15 plan for the planning, installation, and manage16 ment of the new and existing conservation activi17 ties. 

18 ‘‘(4) ELIGIBLE LAND.— 

19 ‘‘(A) IN GENERAL.—The term ‘eligible land’ 

20 means— 

21 ‘‘(i) private or tribal land on which 

22 agricultural commodities, livestock, or for23 est-related products are produced; and 

24 ‘‘(ii) lands associated with the land de25 scribed in clause (i) on which priority reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
177 

•HR 1947 RH

1 source concerns could be addressed through 

2 a contract under the program. 

3 ‘‘(B) INCLUSIONS.—The term ‘eligible land’ 

4 includes— 

5 ‘‘(i) cropland; 

6 ‘‘(ii) grassland; 

7 ‘‘(iii) rangeland; 

8 ‘‘(iv) pasture land; 

9 ‘‘(v) nonindustrial private forest land; 

10 and 

11 ‘‘(vi) other agricultural areas (includ12 ing cropped woodland, marshes, and agri13 cultural land used or capable of being used 

14 for the production of livestock), as deter15 mined by the Secretary. 

16 ‘‘(5) PRIORITY RESOURCE CONCERN.—The term 

17 ‘priority resource concern’ means a natural resource 

18 concern or problem, as determined by the Secretary, 

19 that— 

20 ‘‘(A) is identified at the national, State, or 

21 local level as a priority for a particular area of 

22 a State; 

23 ‘‘(B) represents a significant concern in a 

24 State or region; and 


rfrederick on DSK6VPTVN1PROD with BILLS
178 

•HR 1947 RH

1 ‘‘(C) is likely to be addressed successfully 

2 through the implementation of conservation ac3 tivities under this program. 

4 ‘‘(6) PROGRAM.—The term ‘program’ means the 

5 conservation stewardship program established by this 

6 subchapter. 

7 ‘‘(7) STEWARDSHIP THRESHOLD.—The term 

8 ‘stewardship threshold’ means the level of manage9 ment required, as determined by the Secretary, to 

10 conserve and improve the quality and condition of a 

11 natural resource. 

12 ‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM. 

13 ‘‘(a) ESTABLISHMENT AND PURPOSE.—During each of 

14 fiscal years 2014 through 2018, the Secretary shall carry 

15 out a conservation stewardship program to encourage pro16 ducers to address priority resource concerns in a com17 prehensive manner— 

18 ‘‘(1) by undertaking additional conservation ac19 tivities; and 

20 ‘‘(2) by improving, maintaining, and managing 

21 existing conservation activities. 

22 ‘‘(b) EXCLUSIONS.— 

23 ‘‘(1) LAND ENROLLED IN OTHER CONSERVATION

24 PROGRAMS.—Subject to paragraph (2), the following 


rfrederick on DSK6VPTVN1PROD with BILLS
179 

•HR 1947 RH

1 land (even if covered by the definition of eligible land) 

2 is not eligible for enrollment in the program: 

3 ‘‘(A) Land enrolled in the conservation re4 serve program, unless— 

5 ‘‘(i) the conservation reserve contract 

6 will expire at the end of the fiscal year in 

7 which the land is to be enrolled in the pro8 gram; and 

9 ‘‘(ii) conservation reserve program 

10 payments for land enrolled in the program 

11 cease before the first program payment is 

12 made to the applicant under this sub13 chapter. 

14 ‘‘(B) Land enrolled in a wetland easement 

15 through the agricultural conservation easement 

16 program. 

17 ‘‘(C) Land enrolled in the conservation se18 curity program. 

19 ‘‘(2) CONVERSION TO CROPLAND.—Eligible land 

20 used for crop production after October 1, 2013, that 

21 had not been planted, considered to be planted, or de22 voted to crop production for at least 4 of the 6 years 

23 preceding that date shall not be the basis for any pay24 ment under the program, unless the land does not 

25 meet the requirement because— 


rfrederick on DSK6VPTVN1PROD with BILLS
180 

•HR 1947 RH

1 ‘‘(A) the land had previously been enrolled 

2 in the conservation reserve program; 

3 ‘‘(B) the land has been maintained using 

4 long-term crop rotation practices, as determined 

5 by the Secretary; or 

6 ‘‘(C) the land is incidental land needed for 

7 efficient operation of the farm or ranch, as deter8 mined by the Secretary. 

9 ‘‘SEC. 1238F. STEWARDSHIP CONTRACTS. 

10 ‘‘(a) SUBMISSION OF CONTRACT OFFERS.—To be eligi11 ble to participate in the conservation stewardship program, 

12 a producer shall submit to the Secretary a contract offer 

13 for the agricultural operation that— 

14 ‘‘(1) demonstrates to the satisfaction of the Sec15 retary that the producer, at the time of the contract 

16 offer, meets or exceeds the stewardship threshold for at 

17 least 2 priority resource concerns; and 

18 ‘‘(2) would, at a minimum, meet or exceed the 

19 stewardship threshold for at least 1 additional pri20 ority resource concern by the end of the stewardship 

21 contract by— 

22 ‘‘(A) installing and adopting additional 

23 conservation activities; and 

24 ‘‘(B) improving, maintaining, and man25 aging existing conservation activities across the 


rfrederick on DSK6VPTVN1PROD with BILLS
181 

•HR 1947 RH

1 entire agricultural operation in a manner that 

2 increases or extends the conservation benefits in 

3 place at the time the contract offer is accepted by 

4 the Secretary. 

5 ‘‘(b) EVALUATION OF CONTRACT OFFERS.— 

6 ‘‘(1) RANKING OF APPLICATIONS.—In evaluating 

7 contract offers submitted under subsection (a), the 

8 Secretary shall rank applications based on— 

9 ‘‘(A) the level of conservation treatment on 

10 all applicable priority resource concerns at the 

11 time of application; 

12 ‘‘(B) the degree to which the proposed con13 servation activities effectively increase conserva14 tion performance; 

15 ‘‘(C) the number of applicable priority re16 source concerns proposed to be treated to meet or 

17 exceed the stewardship threshold by the end of the 

18 contract; 

19 ‘‘(D) the extent to which other priority re20 source concerns will be addressed to meet or ex21 ceed the stewardship threshold by the end of the 

22 contract period; 

23 ‘‘(E) the extent to which the actual and an24 ticipated conservation benefits from the contract 


rfrederick on DSK6VPTVN1PROD with BILLS
182 

•HR 1947 RH

1 are provided at the least cost relative to other 

2 similarly beneficial contract offers; and 

3 ‘‘(F) the extent to which priority resource 

4 concerns will be addressed when transitioning 

5 from the conservation reserve program to agri6 cultural production. 

7 ‘‘(2) PROHIBITION.—The Secretary may not as8 sign a higher priority to any application because the 

9 applicant is willing to accept a lower payment than 

10 the applicant would otherwise be eligible to receive. 

11 ‘‘(3) ADDITIONAL CRITERIA.—The Secretary may 

12 develop and use such additional criteria that the Sec13 retary determines are necessary to ensure that na14 tional, State, and local priority resource concerns are 

15 effectively addressed. 

16 ‘‘(c) ENTERING INTO CONTRACTS.—After a determina17 tion that a producer is eligible for the program under sub18 section (a), and a determination that the contract offer 

19 ranks sufficiently high under the evaluation criteria under 

20 subsection (b), the Secretary shall enter into a conservation 

21 stewardship contract with the producer to enroll the eligible 

22 land to be covered by the contract. 

23 ‘‘(d) CONTRACT PROVISIONS.— 

24 ‘‘(1) TERM.—A conservation stewardship con25 tract shall be for a term of 5 years. 


rfrederick on DSK6VPTVN1PROD with BILLS
183 

•HR 1947 RH

1 ‘‘(2) REQUIRED PROVISIONS.—The conservation 

2 stewardship contract of a producer shall— 

3 ‘‘(A) state the amount of the payment the 

4 Secretary agrees to make to the producer for each 

5 year of the conservation stewardship contract 

6 under section 1238G(d); 

7 ‘‘(B) require the producer— 

8 ‘‘(i) to implement a conservation stew9 ardship plan that describes the program 

10 purposes to be achieved through 1 or more 

11 conservation activities; 

12 ‘‘(ii) to maintain and supply informa13 tion as required by the Secretary to deter14 mine compliance with the conservation 

15 stewardship plan and any other require16 ments of the program; and 

17 ‘‘(iii) not to conduct any activities on 

18 the agricultural operation that would tend 

19 to defeat the purposes of the program; 

20 ‘‘(C) permit all economic uses of the eligible 

21 land that— 

22 ‘‘(i) maintain the agricultural nature 

23 of the land; and 


rfrederick on DSK6VPTVN1PROD with BILLS
184 

•HR 1947 RH

1 ‘‘(ii) are consistent with the conserva2 tion purposes of the conservation steward3 ship contract; 

4 ‘‘(D) include a provision to ensure that a 

5 producer shall not be considered in violation of 

6 the contract for failure to comply with the con7 tract due to circumstances beyond the control of 

8 the producer, including a disaster or related con9 dition, as determined by the Secretary; 

10 ‘‘(E) include provisions requiring that upon 

11 the violation of a term or condition of the con12 tract at any time the producer has control of the 

13 land— 

14 ‘‘(i) if the Secretary determines that 

15 the violation warrants termination of the 

16 contract— 

17 ‘‘(I) the producer shall forfeit all 

18 rights to receive payments under the 

19 contract; and 

20 ‘‘(II) the producer shall refund all 

21 or a portion of the payments received 

22 by the producer under the contract, in23 cluding any interest on the payments, 

24 as determined by the Secretary; or 


rfrederick on DSK6VPTVN1PROD with BILLS
185 

•HR 1947 RH

1 ‘‘(ii) if the Secretary determines that 

2 the violation does not warrant termination 

3 of the contract, the producer shall refund or 

4 accept adjustments to the payments pro5 vided to the producer, as the Secretary de6 termines to be appropriate; 

7 ‘‘(F) include provisions in accordance with 

8 paragraphs (3) and (4) of this section; and 

9 ‘‘(G) include any additional provisions the 

10 Secretary determines are necessary to carry out 

11 the program. 

12 ‘‘(3) CHANGE OF INTEREST IN LAND SUBJECT TO

13 A CONTRACT.— 

14 ‘‘(A) IN GENERAL.—At the time of applica15 tion, a producer shall have control of the eligible 

16 land to be enrolled in the program. Except as 

17 provided in subparagraph (B), a change in the 

18 interest of a producer in eligible land covered by 

19 a contract under the program shall result in the 

20 termination of the contract with regard to that 

21 land. 

22 ‘‘(B) TRANSFER OF DUTIES AND RIGHTS.— 

23 Subparagraph (A) shall not apply if— 

24 ‘‘(i) within a reasonable period of time 

25 (as determined by the Secretary) after the 


rfrederick on DSK6VPTVN1PROD with BILLS
186 

•HR 1947 RH

1 date of the change in the interest in eligible 

2 land covered by a contract under the pro3 gram, the transferee of the land provides 

4 written notice to the Secretary that all du5 ties and rights under the contract have been 

6 transferred to, and assumed by, the trans7 feree for the portion of the land transferred; 

8 ‘‘(ii) the transferee meets the eligibility 

9 requirements of the program; and 

10 ‘‘(iii) the Secretary approves the trans11 fer of all duties and rights under the con12 tract. 

13 ‘‘(4) MODIFICATION AND TERMINATION OF CON14 TRACTS.— 

15 ‘‘(A) VOLUNTARY MODIFICATION OR TERMI16 NATION.—The Secretary may modify or termi17 nate a contract with a producer if— 

18 ‘‘(i) the producer agrees to the modi19 fication or termination; and 

20 ‘‘(ii) the Secretary determines that the 

21 modification or termination is in the public 

22 interest. 

23 ‘‘(B) INVOLUNTARY TERMINATION.—The 

24 Secretary may terminate a contract if the SecVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
187 

•HR 1947 RH

1 retary determines that the producer violated the 

2 contract. 

3 ‘‘(5) REPAYMENT.—If a contract is terminated, 

4 the Secretary may, consistent with the purposes of the 

5 program— 

6 ‘‘(A) allow the producer to retain payments 

7 already received under the contract; or 

8 ‘‘(B) require repayment, in whole or in 

9 part, of payments received and assess liquidated 

10 damages. 

11 ‘‘(e) CONTRACT RENEWAL.—At the end of the initial 

12 5-year contract period, the Secretary may allow the pro13 ducer to renew the contract for 1 additional 5-year period 

14 if the producer— 

15 ‘‘(1) demonstrates compliance with the terms of 

16 the initial contract; 

17 ‘‘(2) agrees to adopt and continue to integrate 

18 conservation activities across the entire agricultural 

19 operation, as determined by the Secretary; and 

20 ‘‘(3) agrees, by the end of the contract period— 

21 ‘‘(A) to meet the stewardship threshold of at 

22 least two additional priority resource concerns 

23 on the agricultural operation; or 


rfrederick on DSK6VPTVN1PROD with BILLS
188 

•HR 1947 RH

1 ‘‘(B) to exceed the stewardship threshold of 

2 two existing priority resource concerns that are 

3 specified by the Secretary in the initial contract. 

4 ‘‘SEC. 1238G. DUTIES OF THE SECRETARY. 

5 ‘‘(a) IN GENERAL.—To achieve the conservation goals 

6 of a contract under the conservation stewardship program, 

7 the Secretary shall— 

8 ‘‘(1) make the program available to eligible pro9 ducers on a continuous enrollment basis with 1 or 

10 more ranking periods, one of which shall occur in the 

11 first quarter of each fiscal year; 

12 ‘‘(2) identify not less than 5 priority resource 

13 concerns in a particular watershed or other appro14 priate region or area within a State; and 

15 ‘‘(3) establish a science-based stewardship thresh16 old for each priority resource concern identified under 

17 paragraph (2). 

18 ‘‘(b) ALLOCATION TO STATES.—The Secretary shall al19 locate acres to States for enrollment, based— 

20 ‘‘(1) primarily on each State’s proportion of eli21 gible land to the total acreage of eligible land in all 

22 States; and 

23 ‘‘(2) also on consideration of— 


rfrederick on DSK6VPTVN1PROD with BILLS
189 

•HR 1947 RH

1 ‘‘(A) the extent and magnitude of the con2 servation needs associated with agricultural pro3 duction in each State; 

4 ‘‘(B) the degree to which implementation of 

5 the program in the State is, or will be, effective 

6 in helping producers address those needs; and 

7 ‘‘(C) other considerations to achieve equi8 table geographic distribution of funds, as deter9 mined by the Secretary. 

10 ‘‘(c) ACREAGE ENROLLMENT LIMITATION.—During 

11 the period beginning on October 1, 2013, and ending on 

12 September 30, 2021, the Secretary shall, to the maximum 

13 extent practicable— 

14 ‘‘(1) enroll in the program an additional 

15 8,695,000 acres for each fiscal year; and 

16 ‘‘(2) manage the program to achieve a national 

17 average rate of $18 per acre, which shall include the 

18 costs of all financial assistance, technical assistance, 

19 and any other expenses associated with enrollment or 

20 participation in the program. 

21 ‘‘(d) CONSERVATION STEWARDSHIP PAYMENTS.— 

22 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec23 retary shall provide annual payments under the pro24 gram to compensate the producer for— 


rfrederick on DSK6VPTVN1PROD with BILLS
190 

•HR 1947 RH

1 ‘‘(A) installing and adopting additional 

2 conservation activities; and 

3 ‘‘(B) improving, maintaining, and man4 aging conservation activities in place at the ag5 ricultural operation of the producer at the time 

6 the contract offer is accepted by the Secretary. 

7 ‘‘(2) PAYMENT AMOUNT.—The amount of the 

8 conservation stewardship annual payment shall be de9 termined by the Secretary and based, to the max10 imum extent practicable, on the following factors: 

11 ‘‘(A) Costs incurred by the producer associ12 ated with planning, design, materials, installa13 tion, labor, management, maintenance, or train14 ing. 

15 ‘‘(B) Income forgone by the producer. 

16 ‘‘(C) Expected conservation benefits. 

17 ‘‘(D) The extent to which priority resource 

18 concerns will be addressed through the installa19 tion and adoption of conservation activities on 

20 the agricultural operation. 

21 ‘‘(E) The level of stewardship in place at 

22 the time of application and maintained over the 

23 term of the contract. 

24 ‘‘(F) The degree to which the conservation 

25 activities will be integrated across the entire agVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
191 

•HR 1947 RH

1 ricultural operation for all applicable priority 

2 resource concerns over the term of the contract. 

3 ‘‘(G) Such other factors as determined ap4 propriate by the Secretary. 

5 ‘‘(3) EXCLUSIONS.—A payment to a producer 

6 under this subsection shall not be provided for— 

7 ‘‘(A) the design, construction, or mainte8 nance of animal waste storage or treatment fa9 cilities or associated waste transport or transfer 

10 devices for animal feeding operations; or 

11 ‘‘(B) conservation activities for which there 

12 is no cost incurred or income forgone to the pro13 ducer. 

14 ‘‘(4) DELIVERY OF PAYMENTS.—In making pay15 ments under this subsection, the Secretary shall, to 

16 the extent practicable— 

17 ‘‘(A) prorate conservation performance over 

18 the term of the contract so as to accommodate, 

19 to the extent practicable, producers earning equal 

20 annual payments in each fiscal year; and 

21 ‘‘(B) make payments as soon as practicable 

22 after October 1 of each fiscal year for activities 

23 carried out in the previous fiscal year. 

24 ‘‘(e) SUPPLEMENTAL PAYMENTS FOR RESOURCE-CON25 SERVING CROP ROTATIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
192 

•HR 1947 RH

1 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec2 retary shall provide additional payments to producers 

3 that, in participating in the program, agree to adopt 

4 or improve resource-conserving crop rotations to 

5 achieve beneficial crop rotations as appropriate for 

6 the eligible land of the producers. 

7 ‘‘(2) BENEFICIAL CROP ROTATIONS.—The Sec8 retary shall determine whether a resource-conserving 

9 crop rotation is a beneficial crop rotation eligible for 

10 additional payments under paragraph (1) based on 

11 whether the resource-conserving crop rotation is de12 signed to provide natural resource conservation and 

13 production benefits. 

14 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

15 payment described in paragraph (1), a producer shall 

16 agree to adopt and maintain beneficial resource-con17 serving crop rotations for the term of the contract. 

18 ‘‘(4) RESOURCE-CONSERVING CROP ROTATION.— 

19 In this subsection, the term ‘resource-conserving crop 

20 rotation’ means a crop rotation that— 

21 ‘‘(A) includes at least 1 resource conserving 

22 crop (as defined by the Secretary); 

23 ‘‘(B) reduces erosion; 

24 ‘‘(C) improves soil fertility and tilth; 

25 ‘‘(D) interrupts pest cycles; and 


rfrederick on DSK6VPTVN1PROD with BILLS
193 

•HR 1947 RH

1 ‘‘(E) in applicable areas, reduces depletion 

2 of soil moisture or otherwise reduces the need for 

3 irrigation. 

4 ‘‘(f) PAYMENT LIMITATIONS.—A person or legal entity 

5 may not receive, directly or indirectly, payments under the 

6 program that, in the aggregate, exceed $200,000 under all 

7 contracts entered into during fiscal years 2014 through 

8 2018, excluding funding arrangements with Indian tribes, 

9 regardless of the number of contracts entered into under the 

10 program by the person or legal entity. 

11 ‘‘(g) SPECIALTY CROP AND ORGANIC PRODUCERS.— 

12 The Secretary shall ensure that outreach and technical as13 sistance are available, and program specifications are ap14 propriate to enable specialty crop and organic producers 

15 to participate in the program. 

16 ‘‘(h) COORDINATION WITH ORGANIC CERTIFI17 CATION.—The Secretary shall establish a transparent 

18 means by which producers may initiate organic certifi19 cation under the Organic Foods Production Act of 1990 (7 

20 U.S.C. 6501 et seq.) while participating in a contract under 

21 the program. 

22 ‘‘(i) REGULATIONS.—The Secretary shall promulgate 

23 regulations that— 

24 ‘‘(1) prescribe such other rules as the Secretary 

25 determines to be necessary to ensure a fair and reaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
194 

•HR 1947 RH

1 sonable application of the limitations established 

2 under subsection (f); and 

3 ‘‘(2) otherwise enable the Secretary to carry out 

4 the program.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by this 

6 section shall take effect on October 1, 2013. 

7 (c) EFFECT ON EXISTING CONTRACTS.— 

8 (1) IN GENERAL.—The amendment made by this 

9 section shall not affect the validity or terms of any 

10 contract entered into by the Secretary of Agriculture 

11 under subchapter B of chapter 2 of subtitle D of title 

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

13 3838d et seq.) before October 1, 2013, or any pay14 ments required to be made in connection with the 

15 contract. 

16 (2) CONSERVATION STEWARDSHIP PROGRAM.— 

17 Funds made available under section 1241(a)(4) of the 

18 Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) (as 

19 amended by section 2601(a) of this title) may be used 

20 to administer and make payments to program par21 ticipants that enrolled into contracts during any of 

22 fiscal years 2009 through 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
195 

•HR 1947 RH

1 Subtitle C—Environmental Quality 

2 Incentives Program 

3 SEC. 2201. PURPOSES. 

4 Section 1240 of the Food Security Act of 1985 (16 

5 U.S.C. 3839aa) is amended— 

6 (1) in paragraph (3)— 

7 (A) in subparagraph (A), by striking ‘‘and’’ 

8 at the end; 

9 (B) by redesignating subparagraph (B) as 

10 subparagraph (C) and, in such subparagraph, by 

11 inserting ‘‘and’’ after the semicolon; and 

12 (C) by inserting after subparagraph (A) the 

13 following new subparagraph: 

14 ‘‘(B) developing and improving wildlife 

15 habitat; and’’; 

16 (2) in paragraph (4), by striking ‘‘; and’’ and 

17 inserting a period; and 

18 (3) by striking paragraph (5). 

19 SEC. 2202. ESTABLISHMENT AND ADMINISTRATION. 

20 Section 1240B of the Food Security Act of 1985 (16 

21 U.S.C. 3839aa–2) is amended— 

22 (1) in subsection (a), by striking ‘‘2014’’ and in23 serting ‘‘2018’’; 

24 (2) in subsection (b), by striking paragraph (2) 

25 and inserting the following new paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
196 

•HR 1947 RH

1 ‘‘(2) TERM.—A contract under the program shall 

2 have a term that does not exceed 10 years.’’; 

3 (3) in subsection (d)(4)— 

4 (A) in subparagraph (A), in the matter pre5 ceding clause (i), by inserting ‘‘, veteran farmer 

6 or rancher (as defined in section 2501(e) of the 

7 Food, Agriculture, Conservation, and Trade Act 

8 of 1990 (7 U.S.C. 2279(e))),’’ before ‘‘or a begin9 ning farmer or rancher’’; and 

10 (B) by striking subparagraph (B) and in11 serting the following new subparagraph: 

12 ‘‘(B) ADVANCE PAYMENTS.— 

13 ‘‘(i) IN GENERAL.—Not more than 50 

14 percent of the amount determined under 

15 subparagraph (A) may be provided in ad16 vance for the purpose of purchasing mate17 rials or contracting. 

18 ‘‘(ii) RETURN OF FUNDS.—If funds 

19 provided in advance are not expended dur20 ing the 90-day period beginning on the date 

21 of receipt of the funds, the funds shall be re22 turned within a reasonable time frame, as 

23 determined by the Secretary.’’; 

24 (4) by striking subsection (f) and inserting the 

25 following new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
197 

•HR 1947 RH

1 ‘‘(f) ALLOCATION OF FUNDING.— 

2 ‘‘(1) LIVESTOCK.—For each of fiscal years 2014 

3 through 2018, at least 60 percent of the funds made 

4 available for payments under the program shall be 

5 targeted at practices relating to livestock production. 

6 ‘‘(2) WILDLIFE HABITAT.—For each of fiscal 

7 years 2014 through 2018, 5 percent of the funds made 

8 available for payments under the program shall be 

9 targeted at practices benefitting wildlife habitat.’’; 

10 (5) in subsection (g)— 

11 (A) in the subsection heading, by striking 

12 ‘‘FEDERALLY RECOGNIZED NATIVE AMERICAN

13 INDIAN TRIBES AND ALASKA NATIVE CORPORA14 TIONS’’ and inserting ‘‘INDIAN TRIBES’’; 

15 (B) by striking ‘‘federally recognized Native 

16 American Indian Tribes and Alaska Native Cor17 porations (including their affiliated membership 

18 organizations)’’ and inserting ‘‘Indian tribes’’; 

19 and 

20 (C) by striking ‘‘or Native Corporation’’; 

21 and 

22 (6) by adding at the end the following: 

23 ‘‘(j) WILDLIFE HABITAT INCENTIVE PRACTICE.—The 

24 Secretary shall provide payments to producers under the 

25 program for practices, including recurring practices for the 


rfrederick on DSK6VPTVN1PROD with BILLS
198 

•HR 1947 RH

1 term of the contract, that support the restoration, develop2 ment, protection, and improvement of wildlife habitat on 

3 eligible land, including— 

4 ‘‘(1) upland wildlife habitat; 

5 ‘‘(2) wetland wildlife habitat; 

6 ‘‘(3) habitat for threatened and endangered spe7 cies; 

8 ‘‘(4) fish habitat; 

9 ‘‘(5) habitat on pivot corners and other irregular 

10 areas of a field; and 

11 ‘‘(6) other types of wildlife habitat, as deter12 mined appropriate by the Secretary.’’. 

13 SEC. 2203. EVALUATION OF APPLICATIONS. 

14 Section 1240C(b) of the Food Security Act of 1985 (16 

15 U.S.C. 3839aa–3(b)) is amended— 

16 (1) in paragraph (1), by striking ‘‘environ17 mental’’ and inserting ‘‘conservation’’; and 

18 (2) in paragraph (3), by striking ‘‘purpose of the 

19 environmental quality incentives program specified in 

20 section 1240(1)’’ and inserting ‘‘purposes of the pro21 gram’’. 

22 SEC. 2204. DUTIES OF PRODUCERS. 

23 Section 1240D(2) of the Food Security Act of 1985 (16 

24 U.S.C. 3839aa–4(2)) is amended by striking ‘‘farm, ranch, 

25 or forest’’ and inserting ‘‘enrolled’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
199 

•HR 1947 RH

1 SEC. 2205. LIMITATION ON PAYMENTS. 

2 Section 1240G of the Food Security Act of 1985 (16 

3 U.S.C. 3839aa–7) is amended to read as follows: 

4 ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. 

5 ‘‘A person or legal entity may not receive, directly or 

6 indirectly, cost share or incentive payments under this 

7 chapter that, in aggregate, exceed $450,000 for all contracts 

8 entered into under this chapter by the person or legal entity 

9 during the period of fiscal years 2014 through 2018, regard10 less of the number of contracts entered into under this chap11 ter by the person or legal entity.’’. 

12 SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAY13 MENTS. 

14 Section 1240H of the Food Security Act of 1985 (16 

15 U.S.C. 3839aa–8) is amended— 

16 (1) in subsection (a)(2)— 

17 (A) in subparagraph (C), by striking ‘‘; 

18 and’’ and inserting a semicolon; 

19 (B) in subparagraph (D), by striking the 

20 period and inserting a semicolon; and 

21 (C) by adding at the end the following new 

22 subparagraphs: 

23 ‘‘(E) facilitate on-farm conservation re24 search and demonstration activities; and 


rfrederick on DSK6VPTVN1PROD with BILLS
200 

•HR 1947 RH

1 ‘‘(F) facilitate pilot testing of new tech2 nologies or innovative conservation practices.’’; 

3 and 

4 (2) by striking subsection (b) and inserting the 

5 following new subsection: 

6 ‘‘(b) REPORTING.—Not later than December 31, 2014, 

7 and every two years thereafter, the Secretary shall submit 

8 to the Committee on Agriculture, Nutrition, and Forestry 

9 of the Senate and the Committee on Agriculture of the 

10 House of Representatives a report on the status of projects 

11 funded under this section, including— 

12 ‘‘(1) funding awarded; 

13 ‘‘(2) project results; and 

14 ‘‘(3) incorporation of project findings, such as 

15 new technology and innovative approaches, into the 

16 conservation efforts implemented by the Secretary.’’. 

17 SEC. 2207. EFFECTIVE DATE. 

18 (a) IN GENERAL.—The amendments made by this sub19 title shall take effect on October 1, 2013. 

20 (b) EFFECT ON EXISTING CONTRACTS.—The amend21 ments made by this subtitle shall not affect the validity or 

22 terms of any contract entered into by the Secretary of Agri23 culture under chapter 4 of subtitle D of title XII of the Food 

24 Security Act of 1985 (16 U.S.C. 3839aa et seq.) before OctoVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
201 

•HR 1947 RH

1 ber 1, 2013, or any payments required to be made in con2 nection with the contract. 

3 Subtitle D—Agricultural 

4 Conservation Easement Program 

5 SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT PRO6 GRAM. 

7 (a) ESTABLISHMENT.—Title XII of the Food Security 

8 Act of 1985 is amended by adding at the end the following 

9 new subtitle: 

10 ‘‘Subtitle H—Agricultural 

11 Conservation Easement Program 

12 ‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES. 

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

14 an agricultural conservation easement program for the con15 servation of eligible land and natural resources through 

16 easements or other interests in land. 

17 ‘‘(b) PURPOSES.—The purposes of the program are 

18 to— 

19 ‘‘(1) combine the purposes and coordinate the 

20 functions of the wetlands reserve program established 

21 under section 1237, the grassland reserve program es22 tablished under section 1238N, and the farmland pro23 tection program established under section 1238I, as 

24 such sections were in effect on September 30, 2013; 


rfrederick on DSK6VPTVN1PROD with BILLS
202 

•HR 1947 RH

1 ‘‘(2) restore, protect, and enhance wetlands on el2 igible land; 

3 ‘‘(3) protect the agricultural use and related con4 servation values of eligible land by limiting non5 agricultural uses of that land; and 

6 ‘‘(4) protect grazing uses and related conserva7 tion values by restoring and conserving eligible land. 

8 ‘‘SEC. 1265A. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) AGRICULTURAL LAND EASEMENT.—The 

11 term ‘agricultural land easement’ means an easement 

12 or other interest in eligible land that— 

13 ‘‘(A) is conveyed for the purpose of pro14 tecting natural resources and the agricultural 

15 nature of the land; and 

16 ‘‘(B) permits the landowner the right to 

17 continue agricultural production and related 

18 uses subject to an agricultural land easement 

19 plan, as approved by the Secretary. 

20 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti21 ty’ means— 

22 ‘‘(A) an agency of State or local government 

23 or an Indian tribe (including a farmland protec24 tion board or land resource council established 

25 under State law); or 


rfrederick on DSK6VPTVN1PROD with BILLS
203 

•HR 1947 RH

1 ‘‘(B) an organization that is— 

2 ‘‘(i) organized for, and at all times 

3 since the formation of the organization has 

4 been operated principally for, 1 or more of 

5 the conservation purposes specified in clause 

6 (i), (ii), (iii), or (iv) of section 170(h)(4)(A) 

7 of the Internal Revenue Code of 1986; 

8 ‘‘(ii) an organization described in sec9 tion 501(c)(3) of that Code that is exempt 

10 from taxation under section 501(a) of that 

11 Code; or 

12 ‘‘(iii) described in— 

13 ‘‘(I) paragraph (1) or (2) of sec14 tion 509(a) of that Code; or 

15 ‘‘(II) section 509(a)(3) of that 

16 Code and is controlled by an organiza17 tion described in section 509(a)(2) of 

18 that Code. 

19 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

20 means private or tribal land that is— 

21 ‘‘(A) in the case of an agricultural land 

22 easement, agricultural land, including land on a 

23 farm or ranch— 


rfrederick on DSK6VPTVN1PROD with BILLS
204 

•HR 1947 RH

1 ‘‘(i) that is subject to a pending offer 

2 for purchase of an agricultural land ease3 ment from an eligible entity; 

4 ‘‘(ii) that— 

5 ‘‘(I) has prime, unique, or other 

6 productive soil; 

7 ‘‘(II) contains historical or ar8 chaeological resources; or 

9 ‘‘(III) the protection of which will 

10 further a State or local policy con11 sistent with the purposes of the pro12 gram; and 

13 ‘‘(iii) that is— 

14 ‘‘(I) cropland; 

15 ‘‘(II) rangeland; 

16 ‘‘(III) grassland or land that con17 tains forbs, or shrubland for which 

18 grazing is the predominate use; 

19 ‘‘(IV) pastureland; or 

20 ‘‘(V) nonindustrial private forest 

21 land that contributes to the economic 

22 viability of an offered parcel or serves 

23 as a buffer to protect such land from 

24 development; 


rfrederick on DSK6VPTVN1PROD with BILLS
205 

•HR 1947 RH

1 ‘‘(B) in the case of a wetland easement, a 

2 wetland or related area, including— 

3 ‘‘(i) farmed or converted wetlands, to4 gether with adjacent land that is function5 ally dependent on that land, if the Sec6 retary determines it— 

7 ‘‘(I) is likely to be successfully re8 stored in a cost effective manner; and 

9 ‘‘(II) will maximize the wildlife 

10 benefits and wetland functions and 

11 values, as determined by the Secretary 

12 in consultation with the Secretary of 

13 the Interior at the local level; 

14 ‘‘(ii) cropland or grassland that was 

15 used for agricultural production prior to 

16 flooding from the natural overflow of— 

17 ‘‘(I) a closed basin lake and adja18 cent land that is functionally depend19 ent upon it, if the State or other entity 

20 is willing to provide 50 percent share 

21 of the cost of an easement; 

22 ‘‘(II) a pothole and adjacent land 

23 that is functionally dependent on it; 

24 ‘‘(iii) farmed wetlands and adjoining 

25 lands that— 


rfrederick on DSK6VPTVN1PROD with BILLS
206 

•HR 1947 RH

1 ‘‘(I) are enrolled in the conserva2 tion reserve program; 

3 ‘‘(II) have the highest wetland 

4 functions and values, as determined by 

5 the Secretary; and 

6 ‘‘(III) are likely to return to pro7 duction after they leave the conserva8 tion reserve program; 

9 ‘‘(iv) riparian areas that link wetlands 

10 that are protected by easements or some 

11 other device that achieves the same purpose 

12 as an easement; or 

13 ‘‘(v) other wetlands of an owner that 

14 would not otherwise be eligible, if the Sec15 retary determines that the inclusion of such 

16 wetlands in a wetland easement would sig17 nificantly add to the functional value of the 

18 easement; or 

19 ‘‘(C) in the case of either an agricultural 

20 land easement or wetland easement, other land 

21 that is incidental to land described in subpara22 graph (A) or (B), if the Secretary determines 

23 that it is necessary for the efficient administra24 tion of the easements under this program. 


rfrederick on DSK6VPTVN1PROD with BILLS
207 

•HR 1947 RH

1 ‘‘(4) PROGRAM.—The term ‘program’ means the 

2 agricultural conservation easement program estab3 lished by this subtitle. 

4 ‘‘(5) WETLAND EASEMENT.—The term ‘wetland 

5 easement’ means a reserved interest in eligible land 

6 that— 

7 ‘‘(A) is defined and delineated in a deed; 

8 and 

9 ‘‘(B) stipulates— 

10 ‘‘(i) the rights, title, and interests in 

11 land conveyed to the Secretary; and 

12 ‘‘(ii) the rights, title, and interests in 

13 land that are reserved to the landowner. 

14 ‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS. 

15 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

16 shall facilitate and provide funding for— 

17 ‘‘(1) the purchase by eligible entities of agricul18 tural land easements and other interests in eligible 

19 land; and 

20 ‘‘(2) technical assistance to provide for the con21 servation of natural resources pursuant to an agricul22 tural land easement plan. 

23 ‘‘(b) COST-SHARE ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall protect 

25 the agricultural use, including grazing, and related 


rfrederick on DSK6VPTVN1PROD with BILLS
208 

•HR 1947 RH

1 conservation values of eligible land through cost-share 

2 assistance to eligible entities for purchasing agricul3 tural land easements. 

4 ‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 

5 ‘‘(A) FEDERAL SHARE.—An agreement de6 scribed in paragraph (4) shall provide for a Fed7 eral share determined by the Secretary of an 

8 amount not to exceed 50 percent of the fair mar9 ket value of the agricultural land easement or 

10 other interest in land, as determined by the Sec11 retary using— 

12 ‘‘(i) the Uniform Standards of Profes13 sional Appraisal Practice; 

14 ‘‘(ii) an area-wide market analysis or 

15 survey; or 

16 ‘‘(iii) another industry-approved meth17 od. 

18 ‘‘(B) NON-FEDERAL SHARE.— 

19 ‘‘(i) IN GENERAL.—Under the agree20 ment, the eligible entity shall provide a 

21 share that is at least equivalent to that pro22 vided by the Secretary. 

23 ‘‘(ii) SOURCE OF CONTRIBUTION.—An 

24 eligible entity may include as part of its 

25 share a charitable donation or qualified 


rfrederick on DSK6VPTVN1PROD with BILLS
209 

•HR 1947 RH

1 conservation contribution (as defined by 

2 section 170(h) of the Internal Revenue Code 

3 of 1986) from the private landowner if the 

4 eligible entity contributes its own cash re5 sources in an amount that is at least 50 

6 percent of the amount contributed by the 

7 Secretary. 

8 ‘‘(C) EXCEPTION.—In the case of grassland 

9 of special environmental significance, as deter10 mined by the Secretary, the Secretary may pro11 vide an amount not to exceed 75 percent of the 

12 fair market value of the agricultural land ease13 ment. 

14 ‘‘(3) EVALUATION AND RANKING OF APPLICA15 TIONS.— 

16 ‘‘(A) CRITERIA.—The Secretary shall estab17 lish evaluation and ranking criteria to maximize 

18 the benefit of Federal investment under the pro19 gram. 

20 ‘‘(B) CONSIDERATIONS.—In establishing the 

21 criteria, the Secretary shall emphasize support 

22 for— 

23 ‘‘(i) protecting agricultural uses and 

24 related conservation values of the land; and 


rfrederick on DSK6VPTVN1PROD with BILLS
210 

•HR 1947 RH

1 ‘‘(ii) maximizing the protection of 

2 areas devoted to agricultural use. 

3 ‘‘(C) BIDDING DOWN.—If the Secretary de4 termines that 2 or more applications for cost5 share assistance are comparable in achieving the 

6 purpose of the program, the Secretary shall not 

7 assign a higher priority to any of those applica8 tions solely on the basis of lesser cost to the pro9 gram. 

10 ‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 enter into agreements with eligible entities to 

13 stipulate the terms and conditions under which 

14 the eligible entity is permitted to use cost-share 

15 assistance provided under this section. 

16 ‘‘(B) LENGTH OF AGREEMENTS.—An agree17 ment shall be for a term that is— 

18 ‘‘(i) in the case of an eligible entity 

19 certified under the process described in 

20 paragraph (5), a minimum of five years; 

21 and 

22 ‘‘(ii) for all other eligible entities, at 

23 least three, but not more than five years. 

24 ‘‘(C) MINIMUM TERMS AND CONDITIONS.— 

25 An eligible entity shall be authorized to use its 


rfrederick on DSK6VPTVN1PROD with BILLS
211 

•HR 1947 RH

1 own terms and conditions for agricultural land 

2 easements so long as the Secretary determines 

3 such terms and conditions— 

4 ‘‘(i) are consistent with the purposes of 

5 the program; 

6 ‘‘(ii) permit effective enforcement of the 

7 conservation purposes of such easements; 

8 ‘‘(iii) include a right of enforcement 

9 for the Secretary, that may be used only if 

10 the terms of the easement are not enforced 

11 by the holder of the easement; 

12 ‘‘(iv) subject the land in which an in13 terest is purchased to an agricultural land 

14 easement plan that— 

15 ‘‘(I) describes the activities which 

16 promote the long-term viability of the 

17 land to meet the purposes for which the 

18 easement was acquired; 

19 ‘‘(II) requires the management of 

20 grasslands according to a grasslands 

21 management plan; and 

22 ‘‘(III) includes a conservation 

23 plan, where appropriate, and requires, 

24 at the option of the Secretary, the conVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
212 

•HR 1947 RH

1 version of highly erodible cropland to 

2 less intensive uses; and 

3 ‘‘(v) include a limit on the impervious 

4 surfaces to be allowed that is consistent with 

5 the agricultural activities to be conducted. 

6 ‘‘(D) SUBSTITUTION OF QUALIFIED

7 PROJECTS.—An agreement shall allow, upon mu8 tual agreement of the parties, substitution of 

9 qualified projects that are identified at the time 

10 of the proposed substitution. 

11 ‘‘(E) EFFECT OF VIOLATION.—If a violation 

12 occurs of a term or condition of an agreement 

13 under this subsection— 

14 ‘‘(i) the Secretary may terminate the 

15 agreement; and 

16 ‘‘(ii) the Secretary may require the eli17 gible entity to refund all or part of any 

18 payments received by the entity under the 

19 program, with interest on the payments as 

20 determined appropriate by the Secretary. 

21 ‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 

22 ‘‘(A) CERTIFICATION PROCESS.—The Sec23 retary shall establish a process under which the 

24 Secretary may— 


rfrederick on DSK6VPTVN1PROD with BILLS
213 

•HR 1947 RH

1 ‘‘(i) directly certify eligible entities 

2 that meet established criteria; 

3 ‘‘(ii) enter into long-term agreements 

4 with certified eligible entities; and 

5 ‘‘(iii) accept proposals for cost-share 

6 assistance for the purchase of agricultural 

7 land easements throughout the duration of 

8 such agreements. 

9 ‘‘(B) CERTIFICATION CRITERIA.—In order 

10 to be certified, an eligible entity shall dem11 onstrate to the Secretary that the entity will 

12 maintain, at a minimum, for the duration of the 

13 agreement— 

14 ‘‘(i) a plan for administering ease15 ments that is consistent with the purpose of 

16 this subtitle; 

17 ‘‘(ii) the capacity and resources to 

18 monitor and enforce agricultural land ease19 ments; and 

20 ‘‘(iii) policies and procedures to en21 sure— 

22 ‘‘(I) the long-term integrity of ag23 ricultural land easements on eligible 

24 land; 


rfrederick on DSK6VPTVN1PROD with BILLS
214 

•HR 1947 RH

1 ‘‘(II) timely completion of acqui2 sitions of such easements; and 

3 ‘‘(III) timely and complete eval4 uation and reporting to the Secretary 

5 on the use of funds provided under the 

6 program. 

7 ‘‘(C) REVIEW AND REVISION.— 

8 ‘‘(i) REVIEW.—The Secretary shall 

9 conduct a review of eligible entities certified 

10 under subparagraph (A) every three years 

11 to ensure that such entities are meeting the 

12 criteria established under subparagraph 

13 (B). 

14 ‘‘(ii) REVOCATION.—If the Secretary 

15 finds that the certified eligible entity no 

16 longer meets the criteria established under 

17 subparagraph (B), the Secretary may— 

18 ‘‘(I) allow the certified eligible en19 tity a specified period of time, at a 

20 minimum 180 days, in which to take 

21 such actions as may be necessary to 

22 meet the criteria; and 

23 ‘‘(II) revoke the certification of the 

24 eligible entity, if after the specified peVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
215 

•HR 1947 RH

1 riod of time, the certified eligible entity 

2 does not meet such criteria. 

3 ‘‘(c) METHOD OF ENROLLMENT.—The Secretary shall 

4 enroll eligible land under this section through the use of— 

5 ‘‘(1) permanent easements; or 

6 ‘‘(2) easements for the maximum duration al7 lowed under applicable State laws. 

8 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 

9 provide technical assistance, if requested, to assist in— 

10 ‘‘(1) compliance with the terms and conditions of 

11 easements; and 

12 ‘‘(2) implementation of an agricultural land 

13 easement plan. 

14 ‘‘SEC. 1265C. WETLAND EASEMENTS. 

15 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

16 shall provide assistance to owners of eligible land to restore, 

17 protect, and enhance wetlands through— 

18 ‘‘(1) wetland easements and related wetland ease19 ment plans; and 

20 ‘‘(2) technical assistance. 

21 ‘‘(b) EASEMENTS.— 

22 ‘‘(1) METHOD OF ENROLLMENT.—The Secretary 

23 shall enroll eligible land under this section through 

24 the use of— 

25 ‘‘(A) 30-year easements; 


rfrederick on DSK6VPTVN1PROD with BILLS
216 

•HR 1947 RH

1 ‘‘(B) permanent easements; 

2 ‘‘(C) easements for the maximum duration 

3 allowed under applicable State laws; or 

4 ‘‘(D) as an option for Indian tribes only, 

5 30-year contracts (which shall be considered to be 

6 30-year easements for the purposes of this sub7 title). 

8 ‘‘(2) LIMITATIONS.— 

9 ‘‘(A) INELIGIBLE LAND.—The Secretary 

10 may not acquire easements on— 

11 ‘‘(i) land established to trees under the 

12 conservation reserve program, except in 

13 cases where the Secretary determines it 

14 would further the purposes of the program; 

15 and 

16 ‘‘(ii) farmed wetlands or converted wet17 lands where the conversion was not com18 menced prior to December 23, 1985. 

19 ‘‘(B) CHANGES IN OWNERSHIP.—No wet20 land easement shall be created on land that has 

21 changed ownership during the preceding 24- 

22 month period unless— 

23 ‘‘(i) the new ownership was acquired 

24 by will or succession as a result of the death 

25 of the previous owner; 


rfrederick on DSK6VPTVN1PROD with BILLS
217 

•HR 1947 RH

1 ‘‘(ii)(I) the ownership change occurred 

2 because of foreclosure on the land; and 

3 ‘‘(II) immediately before the fore4 closure, the owner of the land exercises a 

5 right of redemption from the mortgage hold6 er in accordance with State law; or 

7 ‘‘(iii) the Secretary determines that the 

8 land was acquired under circumstances that 

9 give adequate assurances that such land was 

10 not acquired for the purposes of placing it 

11 in the program. 

12 ‘‘(3) EVALUATION AND RANKING OF OFFERS.— 

13 ‘‘(A) CRITERIA.—The Secretary shall estab14 lish evaluation and ranking criteria to maximize 

15 the benefit of Federal investment under the pro16 gram. 

17 ‘‘(B) CONSIDERATIONS.—When evaluating 

18 offers from landowners, the Secretary may con19 sider— 

20 ‘‘(i) the conservation benefits of obtain21 ing a wetland easement, including the po22 tential environmental benefits if the land 

23 was removed from agricultural production; 


rfrederick on DSK6VPTVN1PROD with BILLS
218 

•HR 1947 RH

1 ‘‘(ii) the cost-effectiveness of each wet2 land easement, so as to maximize the envi3 ronmental benefits per dollar expended; 

4 ‘‘(iii) whether the landowner or an5 other person is offering to contribute finan6 cially to the cost of the wetland easement to 

7 leverage Federal funds; and 

8 ‘‘(iv) such other factors as the Sec9 retary determines are necessary to carry out 

10 the purposes of the program. 

11 ‘‘(C) PRIORITY.—The Secretary shall place 

12 priority on acquiring wetland easements based 

13 on the value of the wetland easement for pro14 tecting and enhancing habitat for migratory 

15 birds and other wildlife. 

16 ‘‘(4) AGREEMENT.—To be eligible to place eligi17 ble land into the program through a wetland ease18 ment, the owner of such land shall enter into an 

19 agreement with the Secretary to— 

20 ‘‘(A) grant an easement on such land to the 

21 Secretary; 

22 ‘‘(B) authorize the implementation of a wet23 land easement plan developed for the eligible 

24 land under subsection (f); 


rfrederick on DSK6VPTVN1PROD with BILLS
219 

•HR 1947 RH

1 ‘‘(C) create and record an appropriate deed 

2 restriction in accordance with applicable State 

3 law to reflect the easement agreed to; 

4 ‘‘(D) provide a written statement of consent 

5 to such easement signed by those holding a secu6 rity interest in the land; 

7 ‘‘(E) comply with the terms and conditions 

8 of the easement and any related agreements; and 

9 ‘‘(F) permanently retire any existing base 

10 history for the land on which the easement has 

11 been obtained. 

12 ‘‘(5) TERMS AND CONDITIONS OF EASEMENT.— 

13 ‘‘(A) IN GENERAL.—A wetland easement 

14 shall include terms and conditions that— 

15 ‘‘(i) permit— 

16 ‘‘(I) repairs, improvements, and 

17 inspections on the land that are nec18 essary to maintain existing public 

19 drainage systems; and 

20 ‘‘(II) owners to control public ac21 cess on the easement areas while iden22 tifying access routes to be used for res23 toration activities and management 

24 and easement monitoring; 

25 ‘‘(ii) prohibit— 


rfrederick on DSK6VPTVN1PROD with BILLS
220 

•HR 1947 RH

1 ‘‘(I) the alteration of wildlife 

2 habitat and other natural features of 

3 such land, unless specifically author4 ized by the Secretary; 

5 ‘‘(II) the spraying of such land 

6 with chemicals or the mowing of such 

7 land, except where such spraying or 

8 mowing is authorized by the Secretary 

9 or is necessary— 

10 ‘‘(aa) to comply with Federal 

11 or State noxious weed control 

12 laws; 

13 ‘‘(bb) to comply with a Fed14 eral or State emergency pest treat15 ment program; or 

16 ‘‘(cc) to meet habitat needs of 

17 specific wildlife species; 

18 ‘‘(III) any activities to be carried 

19 out on the owner’s or successor’s land 

20 that is immediately adjacent to, and 

21 functionally related to, the land that is 

22 subject to the easement if such activi23 ties will alter, degrade, or otherwise di24 minish the functional value of the eli25 gible land; and 


rfrederick on DSK6VPTVN1PROD with BILLS
221 

•HR 1947 RH

1 ‘‘(IV) the adoption of any other 

2 practice that would tend to defeat the 

3 purposes of the program, as determined 

4 by the Secretary; 

5 ‘‘(iii) provide for the efficient and ef6 fective establishment of wildlife functions 

7 and values; and 

8 ‘‘(iv) include such additional provi9 sions as the Secretary determines are desir10 able to carry out the program or facilitate 

11 the practical administration thereof. 

12 ‘‘(B) VIOLATION.—On the violation of the 

13 terms or conditions of a wetland easement, the 

14 wetland easement shall remain in force and the 

15 Secretary may require the owner to refund all or 

16 part of any payments received by the owner 

17 under the program, together with interest thereon 

18 as determined appropriate by the Secretary. 

19 ‘‘(C) COMPATIBLE USES.—Land subject to a 

20 wetland easement may be used for compatible 

21 economic uses, including such activities as hunt22 ing and fishing, managed timber harvest, or 

23 periodic haying or grazing, if such use is specifi24 cally permitted by the wetland easement plan de25 veloped for the land under subsection (f) and is 


rfrederick on DSK6VPTVN1PROD with BILLS
222 

•HR 1947 RH

1 consistent with the long-term protection and en2 hancement of the wetland resources for which the 

3 easement was established. 

4 ‘‘(D) RESERVATION OF GRAZING RIGHTS.— 

5 The Secretary may include in the terms and con6 ditions of a wetland easement a provision under 

7 which the owner reserves grazing rights if— 

8 ‘‘(i) the Secretary determines that the 

9 reservation and use of the grazing rights— 

10 ‘‘(I) is compatible with the land 

11 subject to the easement; 

12 ‘‘(II) is consistent with the histor13 ical natural uses of the land and the 

14 long-term protection and enhancement 

15 goals for which the easement was estab16 lished; and 

17 ‘‘(III) complies with the wetland 

18 easement plan developed for the land 

19 under subsection (f); and 

20 ‘‘(ii) the agreement provides for a com21 mensurate reduction in the easement pay22 ment to account for the grazing value, as 

23 determined by the Secretary. 

24 ‘‘(6) COMPENSATION.— 

25 ‘‘(A) DETERMINATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
223 

•HR 1947 RH

1 ‘‘(i) PERMANENT EASEMENTS.—The 

2 Secretary shall pay as compensation for a 

3 permanent wetland easement acquired 

4 under the program an amount necessary to 

5 encourage enrollment in the program, based 

6 on the lowest of— 

7 ‘‘(I) the fair market value of the 

8 land, as determined by the Secretary, 

9 using the Uniform Standards of Pro10 fessional Appraisal Practice or an 

11 area-wide market analysis or survey; 

12 ‘‘(II) the amount corresponding to 

13 a geographical cap, as determined by 

14 the Secretary in regulations; or 

15 ‘‘(III) the offer made by the land16 owner. 

17 ‘‘(ii) 30-YEAR EASEMENTS.—Com18 pensation for a 30-year wetland easement 

19 shall be not less than 50 percent, but not 

20 more than 75 percent, of the compensation 

21 that would be paid for a permanent wet22 land easement. 

23 ‘‘(B) FORM OF PAYMENT.—Compensation 

24 for a wetland easement shall be provided by the 


rfrederick on DSK6VPTVN1PROD with BILLS
224 

•HR 1947 RH

1 Secretary in the form of a cash payment, in an 

2 amount determined under subparagraph (A). 

3 ‘‘(C) PAYMENT SCHEDULE.— 

4 ‘‘(i) EASEMENTS VALUED AT $500,000

5 OR LESS.—For wetland easements valued at 

6 $500,000 or less, the Secretary may provide 

7 easement payments in not more than 10 an8 nual payments. 

9 ‘‘(ii) EASEMENTS VALUED AT MORE

10 THAN $500,000.—For wetland easements val11 ued at more than $500,000, the Secretary 

12 may provide easement payments in at least 

13 5, but not more than 10 annual payments, 

14 except that, if the Secretary determines it 

15 would further the purposes of the program, 

16 the Secretary may make a lump sum pay17 ment for such an easement. 

18 ‘‘(c) EASEMENT RESTORATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall provide 

20 financial assistance to owners of eligible land to carry 

21 out the establishment of conservation measures and 

22 practices and protect wetland functions and values, 

23 including necessary maintenance activities, as set 

24 forth in a wetland easement plan developed for the el25 igible land under subsection (f). 


rfrederick on DSK6VPTVN1PROD with BILLS
225 

•HR 1947 RH

1 ‘‘(2) PAYMENTS.—The Secretary shall— 

2 ‘‘(A) in the case of a permanent wetland 

3 easement, pay an amount that is not less than 

4 75 percent, but not more than 100 percent, of the 

5 eligible costs, as determined by the Secretary; 

6 and 

7 ‘‘(B) in the case of a 30-year wetland ease8 ment, pay an amount that is not less than 50 

9 percent, but not more than 75 percent, of the eli10 gible costs, as determined by the Secretary. 

11 ‘‘(d) TECHNICAL ASSISTANCE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall assist 

13 owners in complying with the terms and conditions 

14 of wetland easements. 

15 ‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec16 retary may enter into 1 or more contracts with pri17 vate entities or agreements with a State, non-govern18 mental organization, or Indian tribe to carry out nec19 essary restoration, enhancement, or maintenance of a 

20 wetland easement if the Secretary determines that the 

21 contract or agreement will advance the purposes of 

22 the program. 

23 ‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec24 retary may enter into 1 or more agreements with a State 

25 (including a political subdivision or agency of a State), 


rfrederick on DSK6VPTVN1PROD with BILLS
226 

•HR 1947 RH

1 nongovernmental organization, or Indian tribe to carry out 

2 a special wetland enhancement option that the Secretary 

3 determines would advance the purposes of program. 

4 ‘‘(f) ADMINISTRATION.— 

5 ‘‘(1) WETLAND EASEMENT PLAN.—The Secretary 

6 shall develop a wetland easement plan for eligible 

7 lands subject to a wetland easement, which shall in8 clude practices and activities necessary to restore, 

9 protect, enhance, and maintain the enrolled lands. 

10 ‘‘(2) DELEGATION OF EASEMENT ADMINISTRA11 TION.—The Secretary may delegate— 

12 ‘‘(A) any of the easement management, 

13 monitoring, and enforcement responsibilities of 

14 the Secretary to other Federal or State agencies 

15 that have the appropriate authority, expertise, 

16 and resources necessary to carry out such dele17 gated responsibilities; and 

18 ‘‘(B) any of the easement management re19 sponsibilities of the Secretary to other conserva20 tion organizations if the Secretary determines 

21 the organization has the appropriate expertise 

22 and resources. 

23 ‘‘(3) PAYMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
227 

•HR 1947 RH

1 ‘‘(A) TIMING OF PAYMENTS.—The Secretary 

2 shall provide payment for obligations incurred 

3 by the Secretary under this section— 

4 ‘‘(i) with respect to any easement res5 toration obligation under subsection (c), as 

6 soon as possible after the obligation is in7 curred; and 

8 ‘‘(ii) with respect to any annual ease9 ment payment obligation incurred by the 

10 Secretary, as soon as possible after October 

11 1 of each calendar year. 

12 ‘‘(B) PAYMENTS TO OTHERS.—If an owner 

13 who is entitled to a payment under this section 

14 dies, becomes incompetent, is otherwise unable to 

15 receive such payment, or is succeeded by another 

16 person or entity who renders or completes the re17 quired performance, the Secretary shall make 

18 such payment, in accordance with regulations 

19 prescribed by the Secretary and without regard 

20 to any other provision of law, in such manner 

21 as the Secretary determines is fair and reason22 able in light of all of the circumstances. 


rfrederick on DSK6VPTVN1PROD with BILLS
228 

•HR 1947 RH

1 ‘‘SEC. 1265D. ADMINISTRATION. 

2 ‘‘(a) INELIGIBLE LAND.—The Secretary may not use 

3 program funds for the purposes of acquiring an easement 

4 on— 

5 ‘‘(1) lands owned by an agency of the United 

6 States, other than land held in trust for Indian tribes; 

7 ‘‘(2) lands owned in fee title by a State, includ8 ing an agency or a subdivision of a State, or a unit 

9 of local government; 

10 ‘‘(3) land subject to an easement or deed restric11 tion which, as determined by the Secretary, provides 

12 similar protection as would be provided by enrollment 

13 in the program; or 

14 ‘‘(4) lands where the purposes of the program 

15 would be undermined due to on-site or off-site condi16 tions, such as risk of hazardous substances, proposed 

17 or existing rights of way, infrastructure development, 

18 or adjacent land uses. 

19 ‘‘(b) PRIORITY.—In evaluating applications under the 

20 program, the Secretary may give priority to land that is 

21 currently enrolled in the conservation reserve program in 

22 a contract that is set to expire within 1 year and— 

23 ‘‘(1) in the case of an agricultural land ease24 ment, is grassland that would benefit from protection 

25 under a long-term easement; and 


rfrederick on DSK6VPTVN1PROD with BILLS
229 

•HR 1947 RH

1 ‘‘(2) in the case of a wetland easement, is a wet2 land or related area with the highest functions and 

3 value and is likely to return to production after the 

4 land leaves the conservation reserve program. 

5 ‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, AND

6 TERMINATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary may subordi8 nate, exchange, modify, or terminate any interest in 

9 land, or portion of such interest, administered by the 

10 Secretary, either directly or on behalf of the Com11 modity Credit Corporation under the program if the 

12 Secretary determines that— 

13 ‘‘(A) it is in the Federal Government’s in14 terest to subordinate, exchange, modify, or termi15 nate the interest in land; 

16 ‘‘(B) the subordination, exchange, modifica17 tion, or termination action— 

18 ‘‘(i) will address a compelling public 

19 need for which there is no practicable alter20 native; or 

21 ‘‘(ii) such action will further the prac22 tical administration of the program; and 

23 ‘‘(C) the subordination, exchange, modifica24 tion, or termination action will result in comVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
230 

•HR 1947 RH

1 parable conservation value and equivalent or 

2 greater economic value to the United States. 

3 ‘‘(2) CONSULTATION.—The Secretary shall work 

4 with the owner, and eligible entity if applicable, to 

5 address any subordination, exchange, modification, or 

6 termination of the interest, or portion of such interest, 

7 in land. 

8 ‘‘(3) NOTICE.—At least 90 days before taking 

9 any termination action described in paragraph (1), 

10 the Secretary shall provide written notice of such ac11 tion to the Committee on Agriculture of the House of 

12 Representatives and the Committee on Agriculture, 

13 Nutrition, and Forestry of the Senate. 

14 ‘‘(d) LAND ENROLLED IN CONSERVATION RESERVE

15 PROGRAM.—The Secretary may terminate or modify a con16 tract entered into under section 1231(a) if eligible land that 

17 is subject to such contract is transferred into the program. 

18 ‘‘(e) ALLOCATION OF FUNDS FOR AGRICULTURAL

19 LAND EASEMENTS.—Of the funds made available under 

20 section 1241 to carry out the program for a fiscal year, 

21 the Secretary shall, to the extent practicable, use for agricul22 tural land easements— 

23 ‘‘(1) no less than 40 percent in each of fiscal 

24 years 2014 through 2017; and 


rfrederick on DSK6VPTVN1PROD with BILLS
231 

•HR 1947 RH

1 ‘‘(2) no less than 50 percent in fiscal year 

2 2018.’’. 

3 (b) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

4 Before an eligible entity or owner of eligible land may re5 ceive assistance under subtitle H of title XII of the Food 

6 Security Act of 1985, the eligible entity or person shall 

7 agree, during the crop year for which the assistance is pro8 vided and in exchange for the assistance— 

9 (1) to comply with applicable conservation re10 quirements under subtitle B of title XII of that Act 

11 (16 U.S.C. 3811 et seq.); and 

12 (2) to comply with applicable wetland protection 

13 requirements under subtitle C of title XII of that Act 

14 (16 U.S.C. 3821 et seq.). 

15 (c) CROSS REFERENCE; CALCULATION.—Section 1244 

16 of the Food Security Act of 1985 (16 U.S.C. 3844) is 

17 amended— 

18 (1) in subsection (c)— 

19 (A) in paragraph (1)— 

20 (i) by inserting ‘‘and’’ at the end of 

21 subparagraph (A); 

22 (ii) by striking ‘‘and’’ at the end of 

23 subparagraph (B); and 

24 (iii) by striking subparagraph (C); 


rfrederick on DSK6VPTVN1PROD with BILLS
232 

•HR 1947 RH

1 (B) by redesignating paragraph (2) as 

2 paragraph (3); and 

3 (C) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) the agricultural conservation easement pro6 gram established under subtitle H; and’’; and 

7 (2) in subsection (f)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘programs administered under subchapters 

11 B and C of chapter 1 of subtitle D’’ and in12 serting ‘‘conservation reserve program estab13 lished under subchapter B of chapter 1 of 

14 subtitle D and wetland easements under sec15 tion 1265C’’; and 

16 (ii) in subparagraph (B), by striking 

17 ‘‘an easement acquired under subchapter C 

18 of chapter 1 of subtitle D’’ and inserting ‘‘a 

19 wetland easement under section 1265C’’; 

20 and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(5) CALCULATION.—In calculating the percent24 ages described in paragraph (1), the Secretary shall 

25 include any acreage that was included in calculations 


rfrederick on DSK6VPTVN1PROD with BILLS
233 

•HR 1947 RH

1 of percentages made under such paragraph, as in ef2 fect on September 30, 2013, and that remains enrolled 

3 when the calculation is made after that date under 

4 paragraph (1).’’. 

5 (d) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on October 1, 2013. 

7 Subtitle E—Regional Conservation 

8 Partnership Program 

9 SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PRO10 GRAM. 

11 (a) IN GENERAL.—Title XII of the Food Security Act 

12 of 1985 is amended by inserting after subtitle H, as added 

13 by section 2301, the following new subtitle: 

14 ‘‘Subtitle I—Regional Conservation 

15 Partnership Program 

16 ‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

18 a regional conservation partnership program to implement 

19 eligible activities on eligible land through— 

20 ‘‘(1) partnership agreements with eligible part21 ners; and 

22 ‘‘(2) contracts with producers. 

23 ‘‘(b) PURPOSES.—The purposes of the program are as 

24 follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
234 

•HR 1947 RH

1 ‘‘(1) To use covered programs to accomplish pur2 poses and functions similar to those of the following 

3 programs, as in effect on September 30, 2013: 

4 ‘‘(A) The agricultural water enhancement 

5 program established under section 1240I. 

6 ‘‘(B) The Chesapeake Bay watershed pro7 gram established under section 1240Q. 

8 ‘‘(C) The cooperative conservation partner9 ship initiative established under section 1243. 

10 ‘‘(D) The Great Lakes basin program for 

11 soil erosion and sediment control established 

12 under section 1240P. 

13 ‘‘(2) To further the conservation, restoration, and 

14 sustainable use of soil, water, wildlife, and related 

15 natural resources on eligible land on a regional or 

16 watershed scale. 

17 ‘‘(3) To encourage eligible partners to cooperate 

18 with producers in— 

19 ‘‘(A) meeting or avoiding the need for na20 tional, State, and local natural resource regu21 latory requirements related to production on eli22 gible land; and 

23 ‘‘(B) implementing projects that will result 

24 in the carrying out of eligible activities that af25 fect multiple agricultural or nonindustrial priVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
235 

•HR 1947 RH

1 vate forest operations on a local, regional, State, 

2 or multi-State basis. 

3 ‘‘SEC. 1271A. DEFINITIONS. 

4 ‘‘In this subtitle: 

5 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

6 program’ means the following: 

7 ‘‘(A) The agricultural conservation ease8 ment program. 

9 ‘‘(B) The environmental quality incentives 

10 program. 

11 ‘‘(C) The conservation stewardship pro12 gram. 

13 ‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible ac14 tivity’ means any of the following conservation activi15 ties: 

16 ‘‘(A) Water quality or quantity conserva17 tion, restoration, or enhancement projects relat18 ing to surface water and groundwater resources, 

19 including— 

20 ‘‘(i) the conversion of irrigated crop21 land to the production of less water-inten22 sive agricultural commodities or dryland 

23 farming; or 

24 ‘‘(ii) irrigation system improvement 

25 and irrigation efficiency enhancement. 


rfrederick on DSK6VPTVN1PROD with BILLS
236 

•HR 1947 RH

1 ‘‘(B) Drought mitigation. 

2 ‘‘(C) Flood prevention. 

3 ‘‘(D) Water retention. 

4 ‘‘(E) Air quality improvement. 

5 ‘‘(F) Habitat conservation, restoration, and 

6 enhancement. 

7 ‘‘(G) Erosion control and sediment reduc8 tion. 

9 ‘‘(H) Other related activities that the Sec10 retary determines will help achieve conservation 

11 benefits. 

12 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

13 means land on which agricultural commodities, live14 stock, or forest-related products are produced, includ15 ing— 

16 ‘‘(A) cropland; 

17 ‘‘(B) grassland; 

18 ‘‘(C) rangeland; 

19 ‘‘(D) pastureland; 

20 ‘‘(E) nonindustrial private forest land; and 

21 ‘‘(F) other land incidental to agricultural 

22 production (including wetlands and riparian 

23 buffers) on which significant natural resource 

24 issues could be addressed under the program. 


rfrederick on DSK6VPTVN1PROD with BILLS
237 

•HR 1947 RH

1 ‘‘(4) ELIGIBLE PARTNER.—The term ‘eligible 

2 partner’ means any of the following: 

3 ‘‘(A) An agricultural or silvicultural pro4 ducer association or other group of producers. 

5 ‘‘(B) A State or unit of local government. 

6 ‘‘(C) An Indian tribe. 

7 ‘‘(D) A farmer cooperative. 

8 ‘‘(E) A water district, irrigation district, 

9 rural water district or association, or other orga10 nization with specific water delivery authority to 

11 producers on agricultural land. 

12 ‘‘(F) An institution of higher education. 

13 ‘‘(G) An organization or entity with an es14 tablished history of working cooperatively with 

15 producers on agricultural land, as determined by 

16 the Secretary, to address— 

17 ‘‘(i) local conservation priorities re18 lated to agricultural production, wildlife 

19 habitat development, or nonindustrial pri20 vate forest land management; or 

21 ‘‘(ii) critical watershed-scale soil ero22 sion, water quality, sediment reduction, or 

23 other natural resource issues. 

24 ‘‘(5) PARTNERSHIP AGREEMENT.—The term 

25 ‘partnership agreement’ means an agreement entered 


rfrederick on DSK6VPTVN1PROD with BILLS
238 

•HR 1947 RH

1 into under section 1271B between the Secretary and 

2 an eligible partner. 

3 ‘‘(6) PROGRAM.—The term ‘program’ means the 

4 regional conservation partnership program established 

5 by this subtitle. 

6 ‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS. 

7 ‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.—The 

8 Secretary may enter into a partnership agreement with an 

9 eligible partner to implement a project that will assist pro10 ducers with installing and maintaining an eligible activity 

11 on eligible land. 

12 ‘‘(b) LENGTH.—A partnership agreement shall be for 

13 a period not to exceed 5 years, except that the Secretary 

14 may extend the agreement one time for up to 12 months 

15 when an extension is necessary to meet the objectives of the 

16 program. 

17 ‘‘(c) DUTIES OF PARTNERS.— 

18 ‘‘(1) IN GENERAL.—Under a partnership agree19 ment, the eligible partner shall— 

20 ‘‘(A) define the scope of a project, includ21 ing— 

22 ‘‘(i) the eligible activities to be imple23 mented; 


rfrederick on DSK6VPTVN1PROD with BILLS
239 

•HR 1947 RH

1 ‘‘(ii) the potential agricultural or non2 industrial private forest land operations af3 fected; 

4 ‘‘(iii) the local, State, multi-State, or 

5 other geographic area covered; and 

6 ‘‘(iv) the planning, outreach, imple7 mentation, and assessment to be conducted; 

8 ‘‘(B) conduct outreach to producers for po9 tential participation in the project; 

10 ‘‘(C) at the request of a producer, act on be11 half of a producer participating in the project in 

12 applying for assistance under section 1271C; 

13 ‘‘(D) leverage financial or technical assist14 ance provided by the Secretary with additional 

15 funds to help achieve the project objectives; 

16 ‘‘(E) conduct an assessment of the project’s 

17 effects; and 

18 ‘‘(F) at the conclusion of the project, report 

19 to the Secretary on its results and funds lever20 aged. 

21 ‘‘(2) CONTRIBUTION.—An eligible partner shall 

22 provide a significant portion of the overall costs of the 

23 scope of the project that is the subject of the agreement 

24 entered into under subsection (a), as determined by 

25 the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
240 

•HR 1947 RH

1 ‘‘(d) APPLICATIONS.— 

2 ‘‘(1) COMPETITIVE PROCESS.—The Secretary 

3 shall conduct a competitive process to select applica4 tions for partnership agreements and may assess and 

5 rank applications with similar conservation purposes 

6 as a group. 

7 ‘‘(2) CRITERIA USED.—In carrying out the proc8 ess described in paragraph (1), the Secretary shall 

9 make public the criteria used in evaluating applica10 tions. 

11 ‘‘(3) CONTENT.—An application to the Secretary 

12 shall include a description of— 

13 ‘‘(A) the scope of the project, as described in 

14 subsection (c)(1)(A); 

15 ‘‘(B) the plan for monitoring, evaluating, 

16 and reporting on progress made towards achiev17 ing the project’s objectives; 

18 ‘‘(C) the program resources requested for the 

19 project, including the covered programs to be 

20 used and estimated funding needed from the Sec21 retary; 

22 ‘‘(D) eligible partners collaborating to 

23 achieve project objectives, including their roles, 

24 responsibilities, capabilities, and financial con25 tribution; and 


rfrederick on DSK6VPTVN1PROD with BILLS
241 

•HR 1947 RH

1 ‘‘(E) any other elements the Secretary con2 siders necessary to adequately evaluate and com3 petitively select applications for funding under 

4 the program. 

5 ‘‘(4) PRIORITY TO CERTAIN APPLICATIONS.—The 

6 Secretary may give a higher priority to applications 

7 that— 

8 ‘‘(A) assist producers in meeting or avoid9 ing the need for a natural resource regulatory re10 quirement; 

11 ‘‘(B) have a high percentage of eligible pro12 ducers in the area to be covered by the agree13 ment; 

14 ‘‘(C) significantly leverage non-Federal fi15 nancial and technical resources and coordinate 

16 with other local, State, or national efforts; 

17 ‘‘(D) deliver high percentages of applied 

18 conservation to address conservation priorities or 

19 regional, State, or national conservation initia20 tives; 

21 ‘‘(E) provide innovation in conservation 

22 methods and delivery, including outcome-based 

23 performance measures and methods; or 


rfrederick on DSK6VPTVN1PROD with BILLS
242 

•HR 1947 RH

1 ‘‘(F) meet other factors that are important 

2 for achieving the purposes of the program, as de3 termined by the Secretary. 

4 ‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall enter into con6 tracts with producers to provide financial and technical as7 sistance to— 

8 ‘‘(1) producers participating in a project with 

9 an eligible partner, as described in section 1271B; or 

10 ‘‘(2) producers that fit within the scope of a 

11 project described in section 1271B or a critical con12 servation area designated under section 1271F, but 

13 who are seeking to implement an eligible activity on 

14 eligible land independent of a partner. 

15 ‘‘(b) TERMS AND CONDITIONS.— 

16 ‘‘(1) CONSISTENCY WITH PROGRAM RULES.—Ex17 cept as provided in paragraph (2), the Secretary shall 

18 ensure that the terms and conditions of a contract 

19 under this section are consistent with the applicable 

20 rules of the covered programs to be used as part of the 

21 project, as described in the application under section 

22 1271B(d)(3)(C). 

23 ‘‘(2) ADJUSTMENTS.—Except with respect to 

24 statutory program requirements governing appeals, 

25 payment limitations, and conservation compliance, 


rfrederick on DSK6VPTVN1PROD with BILLS
243 

•HR 1947 RH

1 the Secretary may adjust the discretionary program 

2 rules of a covered program— 

3 ‘‘(A) to provide a simplified application 

4 and evaluation process; and 

5 ‘‘(B) to better reflect unique local cir6 cumstances and purposes if the Secretary deter7 mines such adjustments are necessary to achieve 

8 the purposes of the program. 

9 ‘‘(c) PAYMENTS.— 

10 ‘‘(1) IN GENERAL.—In accordance with statutory 

11 requirements of the covered programs involved, the 

12 Secretary may make payments to a producer in an 

13 amount determined by the Secretary to be necessary 

14 to achieve the purposes of the program. 

15 ‘‘(2) PAYMENTS TO PRODUCERS IN STATES WITH

16 WATER QUANTITY CONCERNS.—The Secretary may 

17 provide payments to producers participating in a 

18 project that addresses water quantity concerns for a 

19 period of five years in an amount sufficient to en20 courage conversion from irrigated farming to dryland 

21 farming. 

22 ‘‘(3) WAIVER AUTHORITY.—To assist in the im23 plementation of the program, the Secretary may 

24 waive the applicability of the limitation in section 

25 1001D(b)(2) of this Act for participating producers if 


rfrederick on DSK6VPTVN1PROD with BILLS
244 

•HR 1947 RH

1 the Secretary determines that the waiver is necessary 

2 to fulfill the objectives of the program. 

3 ‘‘SEC. 1271D. FUNDING. 

4 ‘‘(a) AVAILABILITY OF FUNDS.—The Secretary shall 

5 use $100,000,000 of the funds of the Commodity Credit Cor6 poration for each of fiscal years 2014 through 2018 to carry 

7 out the program. 

8 ‘‘(b) DURATION OF AVAILABILITY.—Funds made 

9 available under subsection (a) shall remain available until 

10 expended. 

11 ‘‘(c) ADDITIONAL FUNDING AND ACRES.— 

12 ‘‘(1) IN GENERAL.—In addition to the funds 

13 made available under subsection (a), the Secretary 

14 shall reserve 6 percent of the funds and acres made 

15 available for a covered program for each of fiscal 

16 years 2014 through 2018 in order to ensure addi17 tional resources are available to carry out this pro18 gram. 

19 ‘‘(2) UNUSED FUNDS AND ACRES.—Any funds or 

20 acres reserved under paragraph (1) for a fiscal year 

21 from a covered program that are not obligated under 

22 this program by April 1 of that fiscal year shall be 

23 returned for use under the covered program. 


rfrederick on DSK6VPTVN1PROD with BILLS
245 

•HR 1947 RH

1 ‘‘(d) ALLOCATION OF FUNDING.—Of the funds and 

2 acres made available for the program under subsections (a) 

3 and (c), the Secretary shall allocate— 

4 ‘‘(1) 25 percent of the funds and acres to projects 

5 based on a State competitive process administered by 

6 the State Conservationist, with the advice of the State 

7 technical committee established under subtitle G; 

8 ‘‘(2) 50 percent of the funds and acres to projects 

9 based on a national competitive process to be estab10 lished by the Secretary; and 

11 ‘‘(3) 25 percent of the funds and acres to projects 

12 for the critical conservation areas designated under 

13 section 1271F. 

14 ‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

15 None of the funds made available under the program may 

16 be used to pay for the administrative expenses of eligible 

17 partners. 

18 ‘‘SEC. 1271E. ADMINISTRATION. 

19 ‘‘(a) DISCLOSURE.—In addition to the criteria used 

20 in evaluating applications as described in section 

21 1271B(d)(2), the Secretary shall make publicly available 

22 information on projects selected through the competitive 

23 process described in section 1271B(d)(1). 

24 ‘‘(b) REPORTING.—Not later than December 31, 2014, 

25 and every two years thereafter, the Secretary shall submit 


rfrederick on DSK6VPTVN1PROD with BILLS
246 

•HR 1947 RH

1 to the Committee on Agriculture of the House of Representa2 tives and the Committee on Agriculture, Nutrition, and 

3 Forestry of the Senate a report on the status of projects 

4 funded under the program, including— 

5 ‘‘(1) the number and types of eligible partners 

6 and producers participating in the partnership agree7 ments selected; 

8 ‘‘(2) the number of producers receiving assist9 ance; and 

10 ‘‘(3) total funding committed to projects, includ11 ing from Federal and non-Federal resources. 

12 ‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS. 

13 ‘‘(a) IN GENERAL.—In administering funds under sec14 tion 1271D(d)(3), the Secretary shall select applications for 

15 partnership agreements and producer contracts within crit16 ical conservation areas designated under this section. 

17 ‘‘(b) CRITICAL CONSERVATION AREA DESIGNA18 TIONS.— 

19 ‘‘(1) PRIORITY.—In designating critical con20 servation areas under this section, the Secretary shall 

21 give priority to geographical areas based on the de22 gree to which the geographical area— 

23 ‘‘(A) includes multiple States with signifi24 cant agricultural production; 


rfrederick on DSK6VPTVN1PROD with BILLS
247 

•HR 1947 RH

1 ‘‘(B) is covered by an existing regional, 

2 State, binational, or multistate agreement or 

3 plan that has established objectives, goals, and 

4 work plans and is adopted by a Federal, State, 

5 or regional authority; 

6 ‘‘(C) would benefit from water quality im7 provement, including through reducing erosion, 

8 promoting sediment control, and addressing nu9 trient management activities affecting large bod10 ies of water of regional, national, or inter11 national significance; 

12 ‘‘(D) would benefit from water quantity im13 provement, including improvement relating to— 

14 ‘‘(i) groundwater, surface water, aqui15 fer, or other water sources; or 

16 ‘‘(ii) a need to promote water retention 

17 and flood prevention; or 

18 ‘‘(E) contains producers that need assist19 ance in meeting or avoiding the need for a nat20 ural resource regulatory requirement that could 

21 have a negative economic impact on agricultural 

22 operations within the area. 

23 ‘‘(2) LIMITATION.—The Secretary may not des24 ignate more than 8 geographical areas as critical con25 servation areas under this section. 


rfrederick on DSK6VPTVN1PROD with BILLS
248 

•HR 1947 RH

1 ‘‘(c) ADMINISTRATION.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the Secretary shall administer any part4 nership agreement or producer contract under this 

5 section in a manner that is consistent with the terms 

6 of the program. 

7 ‘‘(2) RELATIONSHIP TO EXISTING ACTIVITY.— 

8 The Secretary shall, to the maximum extent prac9 ticable, ensure that eligible activities carried out in 

10 critical conservation areas designated under this sec11 tion complement and are consistent with other Fed12 eral and State programs and water quality and 

13 quantity strategies. 

14 ‘‘(3) ADDITIONAL AUTHORITY.—For a critical 

15 conservation area described in subsection (b)(1)(D), 

16 the Secretary may use authorities under the Water17 shed Protection and Flood Prevention Act (16 U.S.C. 

18 1001 et seq.), other than section 14 of such Act (16 

19 U.S.C. 1012), to carry out projects for the purposes 

20 of this section.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
249 

•HR 1947 RH

1 Subtitle F—Other Conservation 

2 Programs 

3 SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND. 

4 Section 1240M(e) of the Food Security Act of 1985 (16 

5 U.S.C. 3839bb(e)) is amended by striking ‘‘2012’’ and in6 serting ‘‘2018’’. 

7 SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION PRO8 GRAM. 

9 Section 1240O(b) of the Food Security Act of 1985 (16 

10 U.S.C. 3839bb–2) is amended to read as follows: 

11 ‘‘(b) FUNDING.— 

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this section $20,000,000 for each of fiscal years 2008 

15 through 2018. 

16 ‘‘(2) AVAILABILITY OF FUNDS.—In addition to 

17 funds made available under paragraph (1), of the 

18 funds of the Commodity Credit Corporation, the Sec19 retary shall use $5,000,000, to remain available until 

20 expended.’’. 

21 SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT IN22 CENTIVE PROGRAM. 

23 (a) FUNDING.—Section 1240R(f)(1) of the Food Secu24 rity Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended by 

25 inserting before the period at the end the following: ‘‘and 


rfrederick on DSK6VPTVN1PROD with BILLS
250 

•HR 1947 RH

1 $30,000,000 for the period of fiscal years 2014 through 

2 2018’’. 

3 (b) REPORT ON PROGRAM EFFECTIVENESS.—Not later 

4 than two years after the date of the enactment of this Act, 

5 the Secretary of Agriculture shall submit to the Committee 

6 on Agriculture of the House of Representatives and the 

7 Committee on Agriculture, Nutrition, and Forestry of the 

8 Senate a report evaluating the effectiveness of the voluntary 

9 public access program established by section 1240R of the 

10 Food Security Act of 1985 (16 U.S.C. 3839bb–5), includ11 ing— 

12 (1) identifying cooperating agencies; 

13 (2) identifying the number of land holdings and 

14 total acres enrolled by each State and tribal govern15 ment; 

16 (3) evaluating the extent of improved access on 

17 eligible lands, improved wildlife habitat, and related 

18 economic benefits; and 

19 (4) any other relevant information and data re20 lating to the program that would be helpful to such 

21 Committees. 


rfrederick on DSK6VPTVN1PROD with BILLS
251 

•HR 1947 RH

1 SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED 

2 SERVICES PROGRAM. 

3 (a) FUNDING.—Subsection (c) of section 1252 of the 

4 Food Security Act of 1985 (16 U.S.C. 3851) is amended 

5 to read as follows: 

6 ‘‘(c) FUNDING.— 

7 ‘‘(1) IN GENERAL.—The Secretary may carry out 

8 the ACES program using funds made available to 

9 carry out each program under this title. 

10 ‘‘(2) EXCLUSION.—Funds made available to 

11 carry out the conservation reserve program may not 

12 be used to carry out the ACES program.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall take effect on October 1, 2013. 

15 SEC. 2505. SMALL WATERSHED REHABILITATION PROGRAM. 

16 (a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of the 

17 Watershed Protection and Flood Prevention Act (16 U.S.C. 

18 1012(h)(1)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘; and’’ 

20 and inserting a semicolon; 

21 (2) in subparagraph (F), by striking the period 

22 and inserting a semicolon; 

23 (3) in subparagraph (G), by striking the period 

24 and inserting ‘‘; and’’; and 

25 (4) by adding at the end the following new sub26 paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
252 

•HR 1947 RH

1 ‘‘(H) $250,000,000 for fiscal year 2014, to 

2 remain available until expended.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 14(h)(2)(E) of the Watershed Protection and Flood Preven5 tion Act (16 U.S.C. 1012(h)(2)(E)) is amended by striking 

6 ‘‘2012’’ and inserting ‘‘2018’’. 

7 SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE PRO8 GRAM. 

9 (a) USES.—Section 524(b)(2) of the Federal Crop In10 surance Act (7 U.S.C. 1524(b)(2)) is amended— 

11 (1) by striking subparagraph (B) and redesig12 nating subparagraphs (C) through (F) as subpara13 graphs (B) through (E), respectively; and 

14 (2) in subparagraph (B) (as so redesignated)— 

15 (A) in the matter preceding clause (i), by 

16 striking ‘‘or resource conservation practices’’; 

17 and 

18 (B) by striking clause (i) and redesignating 

19 clauses (ii) through (iv) as clauses (i) through 

20 (iii), respectively. 

21 (b) COMMODITY CREDIT CORPORATION.— 

22 (1) FUNDING.—Section 524(b)(4)(B) of the Fed23 eral Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 

24 amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
253 

•HR 1947 RH

1 ‘‘(B) FUNDING.—The Commodity Credit 

2 Corporation shall make available to carry out 

3 this subsection not less than $10,000,000 for each 

4 fiscal year.’’. 

5 (2) CERTAIN USES.—Section 524(b)(4)(C) of the 

6 Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(C)) 

7 is amended— 

8 (A) in clause (i)— 

9 (i) by striking ‘‘50’’ and inserting 

10 ‘‘30’’; and 

11 (ii) by striking ‘‘(A), (B), and (C)’’ 

12 and inserting ‘‘(A) and (B)’’; and 

13 (B) in clause (iii), by striking ‘‘40’’ and in14 serting ‘‘60’’. 

15 Subtitle G—Funding and 

16 Administration 

17 SEC. 2601. FUNDING. 

18 (a) IN GENERAL.—Subsection (a) of section 1241 of 

19 the Food Security Act of 1985 (16 U.S.C. 3841) is amended 

20 to read as follows: 

21 ‘‘(a) ANNUAL FUNDING.—For each of fiscal years 2014 

22 through 2018, the Secretary shall use the funds, facilities, 

23 and authorities of the Commodity Credit Corporation to 

24 carry out the following programs under this title (including 

25 the provision of technical assistance): 


rfrederick on DSK6VPTVN1PROD with BILLS
254 

•HR 1947 RH

1 ‘‘(1) The conservation reserve program under 

2 subchapter B of chapter 1 of subtitle D, including, to 

3 the maximum extent practicable, $25,000,000 for the 

4 period of fiscal years 2014 through 2018 to carry out 

5 section 1235(f) to facilitate the transfer of land subject 

6 to contracts from retired or retiring owners and oper7 ators to beginning farmers or ranchers and socially 

8 disadvantaged farmers or ranchers. 

9 ‘‘(2) The agriculture conservation easement pro10 gram under subtitle H, using, to the maximum extent 

11 practicable— 

12 ‘‘(A) $425,000,000 in fiscal year 2014; 

13 ‘‘(B) $450,000,000 in fiscal year 2015; 

14 ‘‘(C) $475,000,000 in fiscal year 2016; 

15 ‘‘(D) $500,000,000 in fiscal year 2017; and 

16 ‘‘(E) $200,000,000 in fiscal year 2018. 

17 ‘‘(3) The conservation security program under 

18 subchapter A of chapter 2 of subtitle D, using such 

19 sums as are necessary to administer contracts entered 

20 into before September 30, 2008. 

21 ‘‘(4) The conservation stewardship program 

22 under subchapter B of chapter 2 of subtitle D. 

23 ‘‘(5) The environmental quality incentives pro24 gram under chapter 4 of subtitle D, using, to the 


rfrederick on DSK6VPTVN1PROD with BILLS
255 

•HR 1947 RH

1 maximum extent practicable, $1,750,000,000 for each 

2 of fiscal years 2014 through 2018.’’. 

3 (b) REGIONAL EQUITY; GUARANTEED AVAILABILITY

4 OF FUNDS.—Section 1241 of the Food Security Act of 1985 

5 (16 U.S.C. 3841) is amended— 

6 (1) by striking subsection (d); 

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

8 subsections (c) and (d), respectively; and 

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

10 new subsection: 

11 ‘‘(b) AVAILABILITY OF FUNDS.—Amounts made avail12 able by subsection (a) shall be used by the Secretary to carry 

13 out the programs specified in such subsection for fiscal 

14 years 2014 through 2018 and shall remain available until 

15 expended. Amounts made available for the programs speci16 fied in such subsection during a fiscal year through modi17 fications, cancellations, terminations, and other related ad18 ministrative actions and not obligated in that fiscal year 

19 shall remain available for obligation during subsequent fis20 cal years, but shall reduce the amount of additional funds 

21 made available in the subsequent fiscal year by an amount 

22 equal to the amount remaining unobligated.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
256 

•HR 1947 RH

1 SEC. 2602. TECHNICAL ASSISTANCE. 

2 (a) IN GENERAL.—Subsection (c) of section 1241 of 

3 the Food Security Act of 1985 (16 U.S.C. 3841), as redesig4 nated by section 2601(b)(2) of this Act, is amended to read 

5 as follows: 

6 ‘‘(c) TECHNICAL ASSISTANCE.— 

7 ‘‘(1) AVAILABILITY OF FUNDS.—Commodity 

8 Credit Corporation funds made available for a fiscal 

9 year for each of the programs specified in subsection 

10 (a)— 

11 ‘‘(A) shall be available for the provision of 

12 technical assistance for the programs for which 

13 funds are made available as necessary to imple14 ment the programs effectively; and 

15 ‘‘(B) shall not be available for the provision 

16 of technical assistance for conservation programs 

17 specified in subsection (a) other than the pro18 gram for which the funds were made available. 

19 ‘‘(2) REPORT.—Not later than December 31, 

20 2013, the Secretary shall submit (and update as nec21 essary in subsequent years) to the Committee on Agri22 culture of the House of Representatives and the Com23 mittee on Agriculture, Nutrition, and Forestry of the 

24 Senate a report— 

25 ‘‘(A) detailing the amount of technical as26 sistance funds requested and apportioned in each 


rfrederick on DSK6VPTVN1PROD with BILLS
257 

•HR 1947 RH

1 program specified in subsection (a) during the 

2 preceding fiscal year; and 

3 ‘‘(B) any other data relating to this sub4 section that would be helpful to such Commit5 tees.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall take effect on October 1, 2013. 

8 SEC. 2603. RESERVATION OF FUNDS TO PROVIDE ASSIST9 ANCE TO CERTAIN FARMERS OR RANCHERS 

10 FOR CONSERVATION ACCESS. 

11 (a) IN GENERAL.—Subsection (g) of section 1241 of 

12 the Food Security Act of 1985 (16 U.S.C. 3841) is amend13 ed— 

14 (1) in paragraph (1) by striking ‘‘2012’’ and in15 serting ‘‘2018’’; and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(4) PREFERENCE.—In providing assistance 

19 under paragraph (1), the Secretary shall give pref20 erence to a veteran farmer or rancher (as defined in 

21 section 2501(e) of the Food, Agriculture, Conserva22 tion, and Trade Act of 1990 (7 U.S.C. 2279(e))) that 

23 qualifies under subparagraph (A) or (B) of para24 graph (1).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
258 

•HR 1947 RH

1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on October 1, 2013. 

3 SEC. 2604. ANNUAL REPORT ON PROGRAM ENROLLMENTS 

4 AND ASSISTANCE. 

5 (a) IN GENERAL.—Subsection (h) of section 1241 of 

6 the Food Security Act of 1985 (16 U.S.C. 3841) is amend7 ed— 

8 (1) in paragraph (1), by striking ‘‘wetlands re9 serve program’’ and inserting ‘‘agricultural conserva10 tion easement program’’; 

11 (2) by striking paragraphs (2) and (3) and re12 designating paragraphs (4), (5), and (6) as para13 graphs (2), (3), and (4), respectively; and 

14 (3) in paragraph (3) (as so redesignated)— 

15 (A) by striking ‘‘agricultural water en16 hancement program’’ and inserting ‘‘regional 

17 conservation partnership program’’; and 

18 (B) by striking ‘‘1240I(g)’’ and inserting 

19 ‘‘1271C(c)(3)’’. 

20 (b) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on October 1, 2013. 

22 SEC. 2605. REVIEW OF CONSERVATION PRACTICE STAND23 ARDS. 

24 Section 1242(h)(1)(A) of the Food Security Act of 1985 

25 (16 U.S.C. 3842(h)(1)(A)) is amended by striking ‘‘the 


rfrederick on DSK6VPTVN1PROD with BILLS
259 

•HR 1947 RH

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

2 ‘‘the Federal Agriculture Reform and Risk Management Act 

3 of 2013’’. 

4 SEC. 2606. ADMINISTRATIVE REQUIREMENTS APPLICABLE 

5 TO ALL CONSERVATION PROGRAMS. 

6 (a) IN GENERAL.—Section 1244 of the Food Security 

7 Act of 1985 (16 U.S.C. 3844) is amended— 

8 (1) in subsection (a)(2), by adding at the end the 

9 following new subparagraph: 

10 ‘‘(E) Veteran farmers or ranchers (as de11 fined in section 2501(e) of the Food, Agriculture, 

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

13 2279(e))).’’; 

14 (2) in subsection (d), by inserting ‘‘, H, and I’’ 

15 before the period at the end; 

16 (3) in subsection (f)— 

17 (A) in paragraph (1)(B), by striking ‘‘coun18 try’’ and inserting ‘‘county’’; and 

19 (B) in paragraph (3), by striking ‘‘sub20 section (c)(2)(B) or (f)(4)’’ and inserting ‘‘sub21 section (c)(2)(A)(ii) or (f)(2)’’; and 

22 (4) by adding at the end the following new sub23 sections: 

24 ‘‘(j) IMPROVED ADMINISTRATIVE EFFICIENCY AND EF25 FECTIVENESS.—In administrating a conservation program 


rfrederick on DSK6VPTVN1PROD with BILLS
260 

•HR 1947 RH

1 under this title, the Secretary shall, to the maximum extent 

2 practicable— 

3 ‘‘(1) seek to reduce administrative burdens and 

4 costs to producers by streamlining conservation plan5 ning and program resources; and 

6 ‘‘(2) take advantage of new technologies to en7 hance efficiency and effectiveness. 

8 ‘‘(k) RELATION TO OTHER PAYMENTS.—Any payment 

9 received by an owner or operator under this title, including 

10 an easement payment or rental payment, shall be in addi11 tion to, and not affect, the total amount of payments that 

12 the owner or operator is otherwise eligible to receive under 

13 any of the following: 

14 ‘‘(1) This Act. 

15 ‘‘(2) The Agricultural Act of 1949 (7 U.S.C. 

16 1421 et seq.). 

17 ‘‘(3) The Federal Agriculture Reform and Risk 

18 Management Act of 2013. 

19 ‘‘(4) Any law that succeeds a law specified in 

20 paragraph (1), (2), or (3).’’. 

21 (b) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
261 

•HR 1947 RH

1 SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMIT2 TEES. 

3 Section 1261(b) of the Food Security Act of 1985 (16 

4 U.S.C. 3861(b)) is amended by striking ‘‘Not later than 180 

5 days after the date of enactment of the Food, Conservation, 

6 and Energy Act of 2008, the Secretary shall develop’’ and 

7 inserting ‘‘The Secretary shall review and update as nec8 essary’’. 

9 SEC. 2608. RULEMAKING AUTHORITY. 

10 Subtitle E of title XII of the Food Security Act of 1985 

11 (16 U.S.C. 3841 et seq.) is amended by adding at the end 

12 the following new section: 

13 ‘‘SEC. 1246. REGULATIONS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall promulgate 

15 such regulations as are necessary to implement programs 

16 under this title, including such regulations as the Secretary 

17 determines to be necessary to ensure a fair and reasonable 

18 application of the limitations established under section 

19 1244(f). 

20 ‘‘(b) RULEMAKING PROCEDURE.—The promulgation of 

21 regulations and administration of programs under this 

22 title— 

23 ‘‘(1) shall be carried out without regard to— 

24 ‘‘(A) the Statement of Policy of the Sec25 retary effective July 24, 1971 (36 Fed. Reg. 

26 13804), relating to notices of proposed ruleVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
262 

•HR 1947 RH

1 making and public participation in rulemaking; 

2 and 

3 ‘‘(B) chapter 35 of title 44, United States 

4 Code (commonly known as the Paperwork Re5 duction Act); and 

6 ‘‘(2) shall be made as an interim rule effective 

7 on publication with an opportunity for notice and 

8 comment. 

9 ‘‘(c) CONGRESSIONAL REVIEW OF AGENCY RULE10 MAKING.—In promulgating regulations under this section, 

11 the Secretary shall use the authority provided under section 

12 808 of title 5, United States Code.’’. 

13 Subtitle H—Repeal of Superseded 

14 Program Authorities and Tran15 sitional Provisions; Technical 

16 Amendments 

17 SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCE18 MENT PROGRAM. 

19 (a) REPEAL.—Section 1230 of the Food Security Act 

20 of 1985 (16 U.S.C. 3830) is repealed. 

21 (b) CONFORMING AMENDMENT.—The heading of chap22 ter 1 of subtitle D of title XII of the Food Security Act 

23 of 1985 (16 U.S.C. 3830 et seq.) is amended to read as fol24 lows: ‘‘CONSERVATION RESERVE’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
263 

•HR 1947 RH

1 SEC. 2702. EMERGENCY FORESTRY CONSERVATION RE2 SERVE PROGRAM. 

3 (a) REPEAL.—Section 1231A of the Food Security Act 

4 of 1985 (16 U.S.C. 3831a) is repealed. 

5 (b) TRANSITIONAL PROVISIONS.— 

6 (1) EFFECT ON EXISTING CONTRACTS.—The 

7 amendment made by this section shall not affect the 

8 validity or terms of any contract entered into by the 

9 Secretary of Agriculture under section 1231A of the 

10 Food Security Act of 1985 (16 U.S.C. 3831a) before 

11 October 1, 2013, or any payments required to be 

12 made in connection with the contract. 

13 (2) FUNDING.—The Secretary may use funds 

14 made available to carry out the conservation reserve 

15 program under subchapter B of chapter 1 of subtitle 

16 D of title XII of the Food Security Act of 1985 (16 

17 U.S.C. 3831 et seq.) to continue to carry out contracts 

18 referred to in paragraph (1) using the provisions of 

19 law and regulation applicable to such contracts as 

20 they existed on September 30, 2013. 

21 (c) EFFECTIVE DATE.—The amendment made by this 

22 section shall take effect on October 1, 2013. 

23 SEC. 2703. WETLANDS RESERVE PROGRAM. 

24 (a) REPEAL.—Subchapter C of chapter 1 of subtitle 

25 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

26 3837 et seq.) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
264 

•HR 1947 RH

1 (b) TRANSITIONAL PROVISIONS.— 

2 (1) EFFECT ON EXISTING CONTRACTS.—The 

3 amendment made by this section shall not affect the 

4 validity or terms of any contract entered into by the 

5 Secretary of Agriculture under subchapter C of chap6 ter 1 of subtitle D of title XII of the Food Security 

7 Act of 1985 (16 U.S.C. 3837 et seq.) before October 1, 

8 2013, or any payments required to be made in con9 nection with the contract. 

10 (2) FUNDING.—The Secretary may use funds 

11 made available to carry out the agricultural conserva12 tion easement program under subtitle H of title XII 

13 of the Food Security Act of 1985, as added by section 

14 2301 of this Act, to continue to carry out contracts 

15 referred to in paragraph (1) using the provisions of 

16 law and regulation applicable to such contracts as 

17 they existed on September 30, 2013. 

18 (c) EFFECTIVE DATE.—The amendment made by this 

19 section shall take effect on October 1, 2013. 

20 SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM 

21 VIABILITY PROGRAM. 

22 (a) REPEAL.—Subchapter C of chapter 2 of subtitle 

23 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

24 3838h et seq.) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
265 

•HR 1947 RH

1 (b) CONFORMING AMENDMENT.—The heading of chap2 ter 2 of subtitle D of title XII of the Food Security Act 

3 of 1985 (16 U.S.C. 3838 et seq.) is amended by striking 

4 ‘‘AND FARMLAND PROTECTION’’. 

5 (c) TRANSITIONAL PROVISIONS.— 

6 (1) EFFECT ON EXISTING CONTRACTS.—The 

7 amendments made by this section shall not affect the 

8 validity or terms of any contract entered into by the 

9 Secretary of Agriculture under subchapter C of chap10 ter 2 of subtitle D of title XII of the Food Security 

11 Act of 1985 (16 U.S.C. 3838h et seq.) before October 

12 1, 2013, or any payments required to be made in con13 nection with the contract. 

14 (2) FUNDING.—The Secretary may use funds 

15 made available to carry out the agricultural conserva16 tion easement program under subtitle H of title XII 

17 of the Food Security Act of 1985, as added by section 

18 2301 of this Act, to continue to carry out contracts 

19 referred to in paragraph (1) using the provisions of 

20 law and regulation applicable to such contracts as 

21 they existed on September 30, 2013. 

22 (d) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
266 

•HR 1947 RH

1 SEC. 2705. GRASSLAND RESERVE PROGRAM. 

2 (a) REPEAL.—Subchapter D of chapter 2 of subtitle 

3 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

4 3838n et seq.) is repealed. 

5 (b) TRANSITIONAL PROVISIONS.— 

6 (1) EFFECT ON EXISTING CONTRACTS.—The 

7 amendment made by this section shall not affect the 

8 validity or terms of any contract entered into by the 

9 Secretary of Agriculture under subchapter D of chap10 ter 2 of subtitle D of title XII of the Food Security 

11 Act of 1985 (16 U.S.C. 3838n et seq.) before October 

12 1, 2013, or any payments required to be made in con13 nection with the contract. 

14 (2) FUNDING.—The Secretary may use funds 

15 made available to carry out the agricultural conserva16 tion easement program under subtitle H of title XII 

17 of the Food Security Act of 1985, as added by section 

18 2301 of this Act, to continue to carry out contracts 

19 referred to in paragraph (1) using the provisions of 

20 law and regulation applicable to such contracts as 

21 they existed on September 30, 2013. 

22 (c) EFFECTIVE DATE.—The amendment made by this 

23 section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
267 

•HR 1947 RH

1 SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PRO2 GRAM. 

3 (a) REPEAL.—Section 1240I of the Food Security Act 

4 of 1985 (16 U.S.C. 3839aa–9) is repealed. 

5 (b) TRANSITIONAL PROVISIONS.— 

6 (1) EFFECT ON EXISTING CONTRACTS.—The 

7 amendment made by this section shall not affect the 

8 validity or terms of any contract entered into by the 

9 Secretary of Agriculture under section 1240I of the 

10 Food Security Act of 1985 (16 U.S.C. 3839aa–9) be11 fore October 1, 2013, or any payments required to be 

12 made in connection with the contract. 

13 (2) FUNDING.—The Secretary may use funds 

14 made available to carry out the regional conservation 

15 partnership program under subtitle I of title XII of 

16 the Food Security Act of 1985, as added by section 

17 2401 of this Act, to continue to carry out contracts 

18 referred to in paragraph (1) using the provisions of 

19 law and regulation applicable to such contracts as 

20 they existed on September 30, 2013. 

21 (c) EFFECTIVE DATE.—The amendment made by this 

22 section shall take effect on October 1, 2013. 

23 SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM. 

24 (a) REPEAL.—Section 1240N of the Food Security Act 

25 of 1985 (16 U.S.C. 3839bb–1) is repealed. 

26 (b) TRANSITIONAL PROVISIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
268 

•HR 1947 RH

1 (1) EFFECT ON EXISTING CONTRACTS.—The 

2 amendment made by this section shall not affect the 

3 validity or terms of any contract entered into by the 

4 Secretary of Agriculture under section 1240N of the 

5 Food Security Act of 1985 (16 U.S.C. 3839bb–1) be6 fore October 1, 2013, or any payments required to be 

7 made in connection with the contract. 

8 (2) FUNDING.—The Secretary may use funds 

9 made available to carry out the environmental qual10 ity incentives program under chapter 4 of subtitle D 

11 of title XII of the Food Security Act of 1985 (16 

12 U.S.C. 3839aa et seq.) to continue to carry out con13 tracts referred to in paragraph (1) using the provi14 sions of law and regulation applicable to such con15 tracts as they existed on September 30, 2013. 

16 (c) EFFECTIVE DATE.—The amendment made by this 

17 section shall take effect on October 1, 2013. 

18 SEC. 2708. GREAT LAKES BASIN PROGRAM. 

19 (a) REPEAL.—Section 1240P of the Food Security Act 

20 of 1985 (16 U.S.C. 3839bb–3) is repealed. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall take effect on October 1, 2013. 

23 SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM. 

24 (a) REPEAL.—Section 1240Q of the Food Security Act 

25 of 1985 (16 U.S.C. 3839bb–4) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
269 

•HR 1947 RH

1 (b) TRANSITIONAL PROVISIONS.— 

2 (1) EFFECT ON EXISTING CONTRACTS.—The 

3 amendment made by this section shall not affect the 

4 validity or terms of any contract entered into by the 

5 Secretary of Agriculture under section 1240Q of the 

6 Food Security Act of 1985 (16 U.S.C. 3839bb–4) be7 fore October 1, 2013, or any payments required to be 

8 made in connection with the contract. 

9 (2) FUNDING.—The Secretary may use funds 

10 made available to carry out the regional conservation 

11 partnership program under subtitle I of title XII of 

12 the Food Security Act of 1985, as added by section 

13 2401 of this Act, to continue to carry out contracts 

14 referred to in paragraph (1) using the provisions of 

15 law and regulation applicable to such contracts as 

16 they existed on September 30, 2013. 

17 (c) EFFECTIVE DATE.—The amendment made by this 

18 section shall take effect on October 1, 2013. 

19 SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP 

20 INITIATIVE. 

21 (a) REPEAL.—Section 1243 of the Food Security Act 

22 of 1985 (16 U.S.C. 3843) is repealed. 

23 (b) TRANSITIONAL PROVISIONS.— 

24 (1) EFFECT ON EXISTING CONTRACTS.—The 

25 amendment made by this section shall not affect the 


rfrederick on DSK6VPTVN1PROD with BILLS
270 

•HR 1947 RH

1 validity or terms of any contract entered into by the 

2 Secretary of Agriculture under section 1243 of the 

3 Food Security Act of 1985 (16 U.S.C. 3843) before 

4 October 1, 2013, or any payments required to be 

5 made in connection with the contract. 

6 (2) FUNDING.—The Secretary may use funds 

7 made available to carry out the regional conservation 

8 partnership program under subtitle I of title XII of 

9 the Food Security Act of 1985, as added by section 

10 2401 of this Act, to continue to carry out contracts 

11 referred to in paragraph (1) using the provisions of 

12 law and regulation applicable to such contracts as 

13 they existed on September 30, 2013. 

14 (c) EFFECTIVE DATE.—The amendment made by this 

15 section shall take effect on October 1, 2013. 

16 SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM. 

17 Chapter 3 of subtitle D of title XII of the Food Security 

18 Act of 1985 (16 U.S.C. 3839 et seq.) is repealed. 

19 SEC. 2712. TECHNICAL AMENDMENTS. 

20 (a) DEFINITIONS.—Section 1201(a) of the Food Secu21 rity Act of 1985 (16 U.S.C. 3801(a)) is amended in the 

22 matter preceding paragraph (1) by striking ‘‘E’’ and insert23 ing ‘‘I’’. 

24 (b) PROGRAM INELIGIBILITY.—Section 1211(a) of the 

25 Food Security Act of 1985 (16 U.S.C. 3811(a)) is amended 


rfrederick on DSK6VPTVN1PROD with BILLS
271 

•HR 1947 RH

1 by striking ‘‘predominate’’ each place it appears and insert2 ing ‘‘predominant’’. 

3 (c) SPECIALTY CROP PRODUCERS.—Section 1242(i) of 

4 the Food Security Act of 1985 (16 U.S.C. 3842(i)) is 

5 amended in the header by striking ‘‘SPECIALITY’’ and in6 serting ‘‘SPECIALTY’’. 

7 TITLE III—TRADE 

8 Subtitle A—Food for Peace Act 

9 SEC. 3001. GENERAL AUTHORITY. 

10 Section 201 of the Food for Peace Act (7 U.S.C. 1721) 

11 is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 inserting ‘‘(to be implemented by the Administrator)’’ 

14 after ‘‘under this title’’; and 

15 (2) by striking paragraph (7) and the second 

16 sentence and inserting the following new paragraph: 

17 ‘‘(7) build resilience to mitigate and prevent food 

18 crises and reduce the future need for emergency aid.’’. 

19 SEC. 3002. SUPPORT FOR ORGANIZATIONS THROUGH 

20 WHICH ASSISTANCE IS PROVIDED. 

21 Section 202(e)(1) of the Food for Peace Act (7 U.S.C. 

22 1722(e)(1)) is amended by striking ‘‘13 percent’’ and insert23 ing ‘‘11 percent’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
272 

•HR 1947 RH

1 SEC. 3003. FOOD AID QUALITY. 

2 Section 202(h) of the Food for Peace Act (7 U.S.C. 

3 1722(h)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A)— 

7 (i) by striking ‘‘The Administrator 

8 shall use funds made available for fiscal 

9 year 2009’’ and inserting ‘‘In consultation 

10 with the Secretary, the Administrator shall 

11 use funds made available for fiscal year 

12 2013’’; and 

13 (ii) by inserting ‘‘to establish a mecha14 nism’’ after ‘‘this title’’; 

15 (B) by striking ‘‘and’’ at the end of sub16 paragraph (B); and 

17 (C) by striking subparagraph (C) and in18 serting the following new paragraphs: 

19 ‘‘(C) to evaluate, as necessary, the use of 

20 current and new agricultural commodities and 

21 products thereof in different program settings 

22 and for particular recipient groups, including 

23 the testing of prototypes; 

24 ‘‘(D) to establish and implement appro25 priate protocols for quality assurance of food 


rfrederick on DSK6VPTVN1PROD with BILLS
273 

•HR 1947 RH

1 products procured by the Secretary for food aid 

2 programs; and 

3 ‘‘(E) to periodically update program guide4 lines on the recommended use of agricultural 

5 commodities and food products in food aid pro6 grams to reflect findings from the implementa7 tion of this subsection and other relevant infor8 mation.’’; 

9 (2) in paragraph (2), by striking ‘‘The Adminis10 trator’’ and inserting ‘‘In consultation with the Sec11 retary, the Administrator’’; and 

12 (3) in paragraph (3), by striking ‘‘section 

13 207(f)’’ and all that follows through the period at the 

14 end and inserting the following: ‘‘section 207(f)— 

15 ‘‘(A) for fiscal years 2009 through 2013, not 

16 more than $4,500,000 may be used to carry out 

17 this subsection; and 

18 ‘‘(B) for fiscal years 2014 through 2018, not 

19 more than $1,000,000 may be used to carry out 

20 this subsection.’’. 

21 SEC. 3004. MINIMUM LEVELS OF ASSISTANCE. 

22 Section 204(a) of the Food for Peace Act (7 U.S.C. 

23 1724(a)) is amended— 

24 (1) in paragraph (1), by striking ‘‘2012’’ and in25 serting ‘‘2018’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
274 

•HR 1947 RH

1 (2) in paragraph (2), by striking ‘‘2012’’ and in2 serting ‘‘2018’’. 

3 SEC. 3005. FOOD AID CONSULTATIVE GROUP. 

4 (a) MEMBERSHIP.—Section 205(b) of the Food for 

5 Peace Act (7 U.S.C. 1725(b)) is amended— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (6); 

8 (2) by redesignating paragraph (7) as para9 graph (8); and 

10 (3) by inserting after paragraph (6) the fol11 lowing new paragraph: 

12 ‘‘(7) representatives from the United States agri13 cultural processing sector involved in providing agri14 cultural commodities for programs under this Act; 

15 and’’. 

16 (b) CONSULTATION.—Section 205(d) of the Food for 

17 Peace Act (7 U.S.C. 1725(d)) is amended— 

18 (1) by striking the first sentence and inserting 

19 the following: 

20 ‘‘(1) CONSULTATION IN ADVANCE OF ISSUANCE

21 OF IMPLEMENTATION REGULATIONS, HANDBOOKS, AND

22 GUIDELINES.—Not later than 45 days before a pro23 posed regulation, handbook, or guideline imple24 menting this title, or a proposed significant revision 

25 to a regulation, handbook, or guideline implementing 


rfrederick on DSK6VPTVN1PROD with BILLS
275 

•HR 1947 RH

1 this title, becomes final, the Administrator shall pro2 vide the proposal to the Group for review and com3 ment.’’; and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(2) CONSULTATION REGARDING FOOD AID QUAL7 ITY EFFORTS.—The Administrator shall seek input 

8 from and consult with the Group on the implementa9 tion of section 202(h).’’. 

10 (c) REAUTHORIZATION.—Section 205(f) of the Food for 

11 Peace Act (7 U.S.C. 1725(f)) is amended by striking ‘‘2012’’ 

12 and inserting ‘‘2018’’. 

13 SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION. 

14 (a) REGULATIONS AND GUIDANCE.—Section 207(c) of 

15 the Food for Peace Act (7 U.S.C. 1726a(c)) is amended— 

16 (1) in the subsection heading, by inserting ‘‘AND

17 GUIDANCE’’ after ‘‘REGULATIONS’’; 

18 (2) in paragraph (1), by adding at the end the 

19 following new sentence: ‘‘Not later than 270 days 

20 after the date of the enactment of the Federal Agri21 culture Reform and Risk Management Act of 2013, 

22 the Administrator shall issue all regulations and revi23 sions to agency guidance necessary to implement the 

24 amendments made to this title by such Act.’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
276 

•HR 1947 RH

1 (3) in paragraph (2), by inserting ‘‘and guid2 ance’’ after ‘‘develop regulations’’. 

3 (b) FUNDING.—Section 207(f) of the Food for Peace 

4 Act (7 U.S.C. 1726a(f)) is amended— 

5 (1) in paragraph (2)— 

6 (A) by inserting ‘‘and’’ at the end of sub7 paragraph (D); 

8 (B) by striking ‘‘; and’’ at the end of sub9 paragraph (E) and inserting the period; and 

10 (C) by striking subparagraph (F); 

11 (2) by striking paragraphs (3) and (4); and 

12 (3) by redesignating paragraphs (5) and (6) as 

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

14 (4) in paragraph (4) (as so redesignated)— 

15 (A) in subparagraph (A), by striking 

16 ‘‘2012’’ and all that follows through the period at 

17 the end and inserting ‘‘2013, and up to 

18 $10,000,000 of such funds for each of fiscal years 

19 2014 through 2018.’’; and 

20 (B) in subparagraph (B)(i), by striking 

21 ‘‘2012’’ and inserting ‘‘2018’’. 

22 (c) IMPLEMENTATION REPORTS.—Not later than 270 

23 days after the date of the enactment of this Act, the Admin24 istrator of the Agency for International Development shall 

25 submit to the Committee on Agriculture, Nutrition, and 


rfrederick on DSK6VPTVN1PROD with BILLS
277 

•HR 1947 RH

1 Forestry of the Senate and the Committees on Agriculture 

2 and Foreign Affairs of the House of Representatives a re3 port describing— 

4 (1) the implementation of section 207(c) of the 

5 Food for Peace Act (7 U.S.C. 1726a(c)); 

6 (2) the surveys, studies, monitoring, reporting, 

7 and audit requirements for programs conducted under 

8 title II of such Act (7 U.S.C. 1721 et seq.) by an eligi9 ble organization that is a nongovernmental organiza10 tion (as such term is defined in section 402 of such 

11 Act (7 U.S.C. 1732)); and 

12 (3) the surveys, studies, monitoring, reporting, 

13 and audit requirements for such programs by an eli14 gible organization that is an intergovernmental orga15 nization, such as the World Food Program or other 

16 multilateral organization. 

17 SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID 

18 TRANSPORTATION, DELIVERY, AND DIS19 TRIBUTION OF SHELF-STABLE PREPACKAGED 

20 FOODS. 

21 Section 208(f) of the Food for Peace Act (7 U.S.C. 

22 1726b(f)) is amended by striking ‘‘2012’’ and inserting 

23 ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
278 

•HR 1947 RH

1 SEC. 3008. GENERAL PROVISIONS. 

2 (a) IMPACT ON LOCAL FARMERS AND ECONOMY.—Sec3 tion 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) 

4 is amended by adding at the end the following new sentence: 

5 ‘‘The Secretary or the Administrator, as appropriate, shall 

6 seek information, as part of the regular proposal and sub7 mission process, from implementing agencies on the poten8 tial benefits to the local economy of sales of agricultural 

9 commodities within the recipient country.’’. 

10 (b) PREVENTION OF PRICE DISRUPTIONS.—Section 

11 403(e) of the Food for Peace Act (7 U.S.C. 1733(e)) is 

12 amended— 

13 (1) in paragraph (2), by striking ‘‘reasonable 

14 market price’’ and inserting ‘‘fair market value’’; and 

15 (2) by adding at the end the following new para16 graph: 

17 ‘‘(3) COORDINATION ON ASSESSMENTS.—The 

18 Secretary and the Administrator shall coordinate in 

19 assessments to carry out paragraph (1) and in the de20 velopment of approaches to be used by implementing 

21 agencies for determining the fair market value de22 scribed in paragraph (2).’’. 

23 (c) REPORT ON USE OF FUNDS.—Section 403 of the 

24 Food for Peace Act (7 U.S.C. 1733) is amended by adding 

25 at the end the following new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
279 

•HR 1947 RH

1 ‘‘(m) REPORT ON USE OF FUNDS.—Not later than 180 

2 days after the date of the enactment of the Federal Agri3 culture Reform and Risk Management Act of 2013, and an4 nually thereafter, the Administrator shall submit to Con5 gress a report— 

6 ‘‘(1) specifying the amount of funds (including 

7 funds for administrative costs, indirect cost recovery, 

8 and internal transportation, storage and handling, 

9 and associated distribution costs) provided to each eli10 gible organization that received assistance under this 

11 Act in the previous fiscal year; and 

12 ‘‘(2) describing how those funds were used by the 

13 eligible organization.’’. 

14 SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMOD15 ITIES. 

16 Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 

17 1736a(c)(4)) is amended— 

18 (1) in subparagraph (A)— 

19 (A) by striking ‘‘2012’’ and inserting 

20 ‘‘2018’’; and 

21 (B) by striking ‘‘for each such fiscal year 

22 not more than $10,000,000 of such funds’’ and 

23 inserting ‘‘for each of fiscal years 2001 through 

24 2013 not more than $10,000,000 of such funds 


rfrederick on DSK6VPTVN1PROD with BILLS
280 

•HR 1947 RH

1 and for each of fiscal years 2014 through 2018 

2 not more than $15,000,000 of such funds’’; and 

3 (2) by striking subparagraph (B) and inserting 

4 the following new subparagraph: 

5 ‘‘(B) ADDITIONAL PREPOSITIONING

6 SITES.—The Administrator may establish addi7 tional sites for prepositioning in foreign coun8 tries or change the location of current sites for 

9 prepositioning in foreign countries after con10 ducting, and based on the results of, assessments 

11 of need, the availability of appropriate tech12 nology for long-term storage, feasibility, and 

13 cost.’’. 

14 SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PRO15 GRAMS AND ACTIVITIES. 

16 Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 

17 1736a(f)(1)) is amended— 

18 (1) in the paragraph heading, by striking ‘‘AGRI19 CULTURAL TRADE’’ and inserting ‘‘FOOD AID’’; 

20 (2) in subparagraph (B)(ii), by inserting before 

21 the semicolon at the end the following: ‘‘and the total 

22 number of beneficiaries of the project and the activi23 ties carried out through such project’’; and 

24 (3) in subparagraph (B)(iii)— 


rfrederick on DSK6VPTVN1PROD with BILLS
281 

•HR 1947 RH

1 (A) in the matter preceding subclause (I), 

2 by inserting ‘‘, and the total number of bene3 ficiaries in,’’ after ‘‘commodities made available 

4 to’’; 

5 (B) by striking ‘‘and’’ at the end of sub6 clause (I); 

7 (C) by inserting ‘‘and’’ at the end of sub8 clause (II); and 

9 (D) by inserting after subclause (II) the fol10 lowing new subclause: 

11 ‘‘(III) the McGovern-Dole Inter12 national Food for Education and Child 

13 Nutrition Program established by sec14 tion 3107 of the Farm Security and 

15 Rural Investment Act of 2002 (7 

16 U.S.C. 1736o-1);’’. 

17 SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE SALES 

18 OR TO PROVIDE OTHER ASSISTANCE. 

19 Section 408 of the Food for Peace Act (7 U.S.C. 1736b) 

20 is amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

21 SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 412(a)(1) of the Food for Peace Act (7 U.S.C. 1736f(a)(1)) 

24 is amended by striking ‘‘for fiscal year 2008 and each fiscal 

25 year thereafter, $2,500,000,000’’ and inserting 


rfrederick on DSK6VPTVN1PROD with BILLS
282 

•HR 1947 RH

1 ‘‘$2,500,000,000 for each of fiscal years 2008 through 2013 

2 and $2,000,000,000 for each of fiscal years 2014 through 

3 2018’’. 

4 (b) MINIMUM LEVEL OF NONEMERGENCY FOOD AS5 SISTANCE.—Paragraph (1) of section 412(e) of the Food for 

6 Peace Act (7 U.S.C. 1736f(e)) is amended to read as follows: 

7 ‘‘(1) FUNDS AND COMMODITIES.—For each of fis8 cal years 2014 through 2018, of the amounts made 

9 available to carry out emergency and nonemergency 

10 food assistance programs under title II, not less than 

11 $400,000,000 shall be expended for nonemergency food 

12 assistance programs under such title.’’. 

13 SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS. 

14 (a) ELIMINATION OF OBSOLETE REFERENCE TO

15 STUDY.—Section 415(a)(2)(B) of the Food for Peace Act (7 

16 U.S.C. 1736g–2(a)(2)(B)) is amended by striking ‘‘, using 

17 recommendations’’ and all that follows through ‘‘quality en18 hancements’’. 

19 (b) EXTENSION.—Section 415(c) of the Food for Peace 

20 Act (7 U.S.C. 1736g–2(c)) is amended by striking ‘‘2012’’ 

21 and inserting ‘‘2018’’. 

22 SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARM23 ER-TO-FARMER PROGRAM. 

24 Section 501 of the Food for Peace Act (7 U.S.C. 1737) 

25 is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
283 

•HR 1947 RH

1 (1) in subsection (d), in the matter preceding 

2 paragraph (1), by striking ‘‘2012’’ and inserting 

3 ‘‘2013, and not less than the greater of $15,000,000 

4 or 0.5 percent of the amounts made available for each 

5 of fiscal years 2014 through 2018,’’; and 

6 (2) in subsection (e)(1), by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’. 

8 Subtitle B—Agricultural Trade Act 

9 of 1978 

10 SEC. 3101. FUNDING FOR EXPORT CREDIT GUARANTEE PRO11 GRAM. 

12 Section 211(b) of the Agricultural Trade Act of 1978 

13 (7 U.S.C. 5641(b)) is amended by striking ‘‘2012’’ and in14 serting ‘‘2018’’. 

15 SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM. 

16 Section 211(c)(1)(A) of the Agricultural Trade Act of 

17 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking 

18 ‘‘2012’’ and inserting ‘‘2018’’. 

19 SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR 

20 PROGRAM. 

21 Section 703(a) of the Agricultural Trade Act of 1978 

22 (7 U.S.C. 5723(a)) is amended by striking ‘‘2012’’ and in23 serting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
284 

•HR 1947 RH

1 Subtitle C—Other Agricultural 

2 Trade Laws 

3 SEC. 3201. FOOD FOR PROGRESS ACT OF 1985. 

4 (a) EXTENSION.—The Food for Progress Act of 1985 

5 (7 U.S.C. 1736o) is amended— 

6 (1) in subsection (f)(3), by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’; 

8 (2) in subsection (g), by striking ‘‘2012’’ and in9 serting ‘‘2018’’; 

10 (3) in subsection (k), by striking ‘‘2012’’ and in11 serting ‘‘2018’’; and 

12 (4) in subsection (l)(1), by striking ‘‘2012’’ and 

13 inserting ‘‘2018’’. 

14 (b) REPEAL OF COMPLETED PROJECT.—Subsection (f) 

15 of the Food for Progress Act of 1985 (7 U.S.C. 1736o) is 

16 amended by striking paragraph (6). 

17 SEC. 3202. BILL EMERSON HUMANITARIAN TRUST. 

18 Section 302 of the Bill Emerson Humanitarian Trust 

19 Act (7 U.S.C. 1736f–1) is amended— 

20 (1) in subsection (b)(2)(B)(i), by striking ‘‘2012’’ 

21 both places it appears and inserting ‘‘2018’’; and 

22 (2) in subsection (h), by striking ‘‘2012’’ both 

23 places it appears and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
285 

•HR 1947 RH

1 SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO 

2 EMERGING MARKETS. 

3 (a) DIRECT CREDITS OR EXPORT CREDIT GUARAN4 TEES.—Section 1542(a) of the Food, Agriculture, Conserva5 tion, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 

6 5622 note) is amended by striking ‘‘2012’’ and inserting 

7 ‘‘2018’’. 

8 (b) DEVELOPMENT OF AGRICULTURAL SYSTEMS.— 

9 Section 1542(d)(1)(A)(i) of the Food, Agriculture, Con10 servation, and Trade Act of 1990 (Public Law 101–624; 

11 7 U.S.C. 5622 note) is amended by striking ‘‘2012’’ and 

12 inserting ‘‘2018’’. 

13 SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR 

14 EDUCATION AND CHILD NUTRITION PRO15 GRAM. 

16 (a) REAUTHORIZATION.—Section 3107(l)(2) of the 

17 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

18 1736o–1(l)(2)) is amended by striking ‘‘2012’’ and insert19 ing ‘‘2018’’. 

20 (b) TECHNICAL CORRECTION.—Section 3107(d) of the 

21 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

22 1736o–1(d)) is amended by striking ‘‘to’’ in the matter pre23 ceding paragraph (1). 

24 SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. 

25 (a) PURPOSE.—Section 3205(b) of the Farm Security 

26 and Rural Investment Act of 2002 (7 U.S.C. 5680(b)) is 


rfrederick on DSK6VPTVN1PROD with BILLS
286 

•HR 1947 RH

1 amended by striking ‘‘related barriers to trade’’ and insert2 ing ‘‘technical barriers to trade’’. 

3 (b) FUNDING.—Section 3205(e)(2) of the Farm Secu4 rity and Rural Investment Act of 2002 (7 U.S.C. 

5 5680(e)(2)) is amended— 

6 (1) by inserting ‘‘and’’ at the end of subpara7 graph (C); and 

8 (2) by striking subparagraphs (D) and (E) and 

9 inserting the following new subparagraph: 

10 ‘‘(D) $9,000,000 for each of fiscal years 

11 2011 through 2018.’’. 

12 SEC. 3206. GLOBAL CROP DIVERSITY TRUST. 

13 Section 3202(c) of the Food, Conservation, and Energy 

14 Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a note) 

15 is amended by striking ‘‘section’’ and all that follows 

16 through the period and inserting the following: ‘‘section— 

17 ‘‘(1) $60,000,000 for the period of fiscal years 

18 2008 through 2013; and 

19 ‘‘(2) $50,000,000 for the period of fiscal years 

20 2014 through 2018.’’. 

21 SEC. 3207. UNDER SECRETARY OF AGRICULTURE FOR FOR22 EIGN AGRICULTURAL SERVICES. 

23 (a) IN GENERAL.—Subtitle B of the Department of Ag24 riculture Reorganization Act of 1994 is amended by insertVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
287 

•HR 1947 RH

1 ing after section 225 (7 U.S.C. 6931) the following new sec2 tion: 

3 ‘‘SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR FOR4 EIGN AGRICULTURAL SERVICES. 

5 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to 

6 establish in the Department the position of Under Secretary 

7 of Agriculture for Foreign Agricultural Services. 

8 ‘‘(b) CONFIRMATION REQUIRED.—If the Secretary es9 tablishes the position of Under Secretary of Agriculture for 

10 Foreign Agricultural Services under subsection (a), the 

11 Under Secretary shall be appointed by the President, by 

12 and with the advice and consent of the Senate. 

13 ‘‘(c) FUNCTIONS OF UNDER SECRETARY.— 

14 ‘‘(1) PRINCIPAL FUNCTIONS.—Upon establish15 ment, the Secretary shall delegate to the Under Sec16 retary of Agriculture for Foreign Agricultural Serv17 ices those functions under the jurisdiction of the De18 partment that are related to foreign agricultural serv19 ices. 

20 ‘‘(2) ADDITIONAL FUNCTIONS.—The Under Sec21 retary of Agriculture for Foreign Agricultural Serv22 ices shall perform such other functions as may be re23 quired by law or prescribed by the Secretary. 

24 ‘‘(d) SUCCESSION.—Any official who is serving as 

25 Under Secretary of Agriculture for Farm and Foreign AgriVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
288 

•HR 1947 RH

1 cultural Services on the date of the enactment of this section 

2 and who was appointed by the President, by and with the 

3 advice and consent of the Senate, shall not be required to 

4 be reappointed under subsection (b) or section 225(b) to the 

5 successor position authorized under subsection (a) or section 

6 225(a) if the Secretary establishes the position, and the offi7 cial occupies the new position, with 180 days after the date 

8 of the enactment of this section (or such later date set by 

9 the Secretary if litigation delays rapid succession).’’. 

10 (b) CONFORMING AMENDMENTS.—Section 225 of the 

11 Department of Agriculture Reorganization Act of 1994 (7 

12 U.S.C. 6931) is amended— 

13 (1) by striking ‘‘Under Secretary of Agriculture 

14 for Farm and Foreign Agricultural Services’’ each 

15 place it appears and inserting ‘‘Under Secretary of 

16 Agriculture for Farm Services’’; and 

17 (2) in subsection (c)(1), by striking ‘‘and foreign 

18 agricultural’’. 

19 (c) PERMANENT AUTHORITY.—Section 296(b) of the 

20 Department of Agriculture Reorganization Act of 1994 (7 

21 U.S.C. 7014(b)) is amended— 

22 (1) in paragraph (6)(C), by striking ‘‘or’’ at the 

23 end; 

24 (2) in paragraph (7), by striking the period at 

25 the end and inserting a semicolon; and 


rfrederick on DSK6VPTVN1PROD with BILLS
289 

•HR 1947 RH

1 (3) by adding at the end the following new para2 graph: 

3 ‘‘(8) the authority of the Secretary to establish in 

4 the Department the position of Under Secretary of 

5 Agriculture for Foreign Agricultural Services in ac6 cordance with section 225A;’’. 

7 TITLE IV—NUTRITION 

8 Subtitle A—Supplemental Nutrition 

9 Assistance Program 

10 SEC. 4001. PREVENTING PAYMENT OF CASH TO RECIPIENTS 

11 OF SUPPLEMENTAL NUTRITION ASSISTANCE 

12 BENEFITS FOR THE RETURN OF EMPTY BOT13 TLES AND CANS USED TO CONTAIN FOOD 

14 PURCHASED WITH BENEFITS PROVIDED 

15 UNDER THE PROGRAM. 

16 Section 3(k)(1) of the Food and Nutrition Act of 2008 

17 (7 U.S.C. 2012(k)(1)) is amended— 

18 (1) by striking ‘‘and hot foods’’ and inserting 

19 ‘‘hot foods’’; and 

20 (2) by adding at the end the following: ‘‘and any 

21 deposit fee in excess of amount of the State fee reim22 bursement (if any) required to purchase any food or 

23 food product contained in a returnable bottle or can, 

24 regardless of whether such fee is included in the shelf 

25 price posted for such food or food product,’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
290 

•HR 1947 RH

1 SEC. 4002. RETAILERS. 

2 (a) DEFINITION OF RETAIL FOOD STORE.—Section 

3 3(p)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 

4 2012(p)(1)(A)) is amended by striking ‘‘at least 2’’ and in5 serting ‘‘at least 3’’. 

6 (b) ALTERNATIVE BENEFIT DELIVERY.—Section 7(f) 

7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)) 

8 is amended— 

9 (1) by striking paragraph (2) and inserting the 

10 following: 

11 ‘‘(2) IMPOSITION OF COSTS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the Secretary shall require 

14 participating retailers (including restaurants 

15 participating in a State option restaurant pro16 gram intended to serve the elderly, disabled, and 

17 homeless) to pay 100 percent of the costs of ac18 quiring, and arrange for the implementation of, 

19 electronic benefit transfer point-of-sale equipment 

20 and supplies. 

21 ‘‘(B) EXEMPTIONS.—The Secretary may ex22 empt from subparagraph (A)— 

23 ‘‘(i) farmers’ markets and other direct24 to-consumer markets, military com25 missaries, nonprofit food buying coopera26 tives, and establishments, organizations, 


rfrederick on DSK6VPTVN1PROD with BILLS
291 

•HR 1947 RH

1 programs, or group living arrangements de2 scribed in paragraphs (5), (7), and (8) of 

3 section 3(k); and 

4 ‘‘(ii) establishments described in para5 graphs (3), (4), and (9) of section 3(k), 

6 other than restaurants participating in a 

7 State option restaurant program.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(4) TERMINATION OF MANUAL VOUCHERS.— 

10 ‘‘(A) IN GENERAL.—Effective beginning on 

11 the effective date of this paragraph, except as 

12 provided in subparagraph (B), no State shall 

13 issue manual vouchers to a household that re14 ceives supplemental nutrition assistance under 

15 this Act or allow retailers to accept manual 

16 vouchers as payment, unless the Secretary deter17 mines that the manual vouchers are necessary, 

18 such as in the event of an electronic benefit 

19 transfer system failure or a disaster situation. 

20 ‘‘(B) EXEMPTIONS.—The Secretary may ex21 empt categories of retailers or individual retail22 ers from subparagraph (A) based on criteria es23 tablished by the Secretary. 

24 ‘‘(5) UNIQUE IDENTIFICATION NUMBER RE25 QUIRED.—In an effort to enhance the antifraud proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
292 

•HR 1947 RH

1 tections of the program, the Secretary shall require all 

2 parties providing electronic benefit transfer services to 

3 provide for and maintain a unique business identi4 fication and a unique terminal identification number 

5 information through the supplemental nutrition as6 sistance program electronic benefit transfer trans7 action routing system. In developing the regulations 

8 implementing this paragraph, the Secretary shall con9 sider existing commercial practices for other point-of10 sale debit transactions. The Secretary shall issue pro11 posed regulations implementing this paragraph not 

12 earlier than 2 years after the date of enactment of this 

13 paragraph.’’. 

14 (c) ELECTRONIC BENEFIT TRANSFERS.—Section 

15 7(h)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 

16 2016(h)(3)(B)) is amended by striking ‘‘is operational—’’ 

17 and all that follows through ‘‘(ii) in the case of other par18 ticipating stores,’’ and inserting ‘‘is operational’’. 

19 (d) APPROVAL OF RETAIL FOOD STORES AND WHOLE20 SALE FOOD CONCERNS.—Section 9 of the Food and Nutri21 tion Act of 2008 (7 U.S.C. 2018) is amended— 

22 (1) in the 2d sentence of subsection (a)(1) by 

23 striking ‘‘; and (C)’’ and inserting ‘‘; (C) whether the 

24 applicant is located in an area with significantly 

25 limited access to food; and (D)’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
293 

•HR 1947 RH

1 (2) by adding at the end the following: 

2 ‘‘(g) EBT SERVICE REQUIREMENT.—An approved re3 tail food store shall provide adequate EBT service as de4 scribed in section 7(h)(3)(B).’’. 

5 SEC. 4003. ENHANCING SERVICES TO ELDERLY AND DIS6 ABLED SUPPLEMENTAL NUTRITION ASSIST7 ANCE PROGRAM PARTICIPANTS. 

8 (a) ENHANCING SERVICES TO ELDERLY AND DIS9 ABLED PROGRAM PARTICIPANTS.—Section 3(p) of the Food 

10 and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended— 

11 (1) in paragraph (3) by striking ‘‘and’’ at the 

12 end, 

13 (2) in paragraph (4) by striking the period at 

14 the end and inserting ‘‘; and’’, and 

15 (3) by inserting after paragraph (4) the fol16 lowing: 

17 ‘‘(5) a governmental or private nonprofit food 

18 purchasing and delivery service that— 

19 ‘‘(A) purchases food for, and delivers such 

20 food to, individuals who are— 

21 ‘‘(i) unable to shop for food; and 

22 ‘‘(ii)(I) not less than 60 years of age; 

23 or 

24 ‘‘(II) physically or mentally handi25 capped or otherwise disabled; 


rfrederick on DSK6VPTVN1PROD with BILLS
294 

•HR 1947 RH

1 ‘‘(B) clearly notifies the participating 

2 household at the time such household places a 

3 food order— 

4 ‘‘(i) of any delivery fee associated with 

5 the food purchase and delivery provided to 

6 such household by such service; and 

7 ‘‘(ii) that a delivery fee cannot be paid 

8 with benefits provided under supplemental 

9 nutrition assistance program; and 

10 ‘‘(C) sells food purchased for such household 

11 at the price paid by such service for such food 

12 and without any additional cost markup.’’. 

13 (b) IMPLEMENTATION.— 

14 (1) ISSUANCE OF RULES.—The Secretary of Ag15 riculture shall issue regulations that— 

16 (A) establish criteria to identify a food pur17 chasing and delivery service referred to in sec18 tion 3(p)(5) of the Food and Nutrition Act of 

19 2008 as amended by this Act, and 

20 (B) establish procedures to ensure that such 

21 service— 

22 (i) does not charge more for a food 

23 item than the price paid by the such service 

24 for such food item, 


rfrederick on DSK6VPTVN1PROD with BILLS
295 

•HR 1947 RH

1 (ii) offers food delivery service at no or 

2 low cost to households under such Act, 

3 (iii) ensures that benefits provided 

4 under the supplemental nutrition assistance 

5 program are used only to purchase food, as 

6 defined in section 3 of such Act, 

7 (iv) limits the purchase of food, and 

8 the delivery of such food, to households eligi9 ble to receive services described in section 

10 3(p)(5) of such Act as so amended, 

11 (v) has established adequate safeguards 

12 against fraudulent activities, including un13 authorized use of electronic benefit cards 

14 issued under such Act, and 

15 (vi) such other requirements as the Sec16 retary deems to be appropriate. 

17 (2) LIMITATION.—Before the issuance of rules 

18 under paragraph (1) , the Secretary of Agriculture 

19 may not approve more than 20 food purchasing and 

20 delivery services referred to in section 3(p)(5) of the 

21 Food and Nutrition Act of 2008 as amended by this 

22 Act, to participate as retail food stores under the sup23 plemental nutrition assistance program. 


rfrederick on DSK6VPTVN1PROD with BILLS
296 

•HR 1947 RH

1 SEC. 4004. FOOD DISTRIBUTION PROGRAM ON INDIAN RES2 ERVATIONS. 

3 Section 4(b)(6)(F) of the Food and Nutrition Act of 

4 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking 

5 ‘‘2012’’ and inserting ‘‘2018’’. 

6 SEC. 4005. UPDATING PROGRAM ELIGIBILITY. 

7 Section 5 of the Food and Nutrition Act of 2008 (7 

8 U.S.C. 2014) is amended— 

9 (1) in the 2d sentence of subsection (a) by strik10 ing ‘‘households in which each member receives bene11 fits’’ and inserting ‘‘households in which each member 

12 receives cash assistance’’, and 

13 (2) in subsection (j) by striking ‘‘or who receives 

14 benefits under a State program’’ and inserting ‘‘or 

15 who receives cash assistance under a State program’’. 

16 SEC. 4006. EXCLUSION OF MEDICAL MARIJUANA FROM EX17 CESS MEDICAL EXPENSE DEDUCTION. 

18 Section 5(e)(5) of the Food and Nutrition Act of 2008 

19 (7 U.S.C. 2014(e)(5)) is amended by adding at the end the 

20 following: 

21 ‘‘(C) EXCLUSION OF MEDICAL MARI22 JUANA.—The Secretary shall promulgate rules to 

23 ensure that medical marijuana is not treated as 

24 a medical expense for purposes of this para25 graph.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
297 

•HR 1947 RH

1 SEC. 4007. STANDARD UTILITY ALLOWANCES BASED ON 

2 THE RECEIPT OF ENERGY ASSISTANCE PAY3 MENTS. 

4 (a) STANDARD UTILITY ALLOWANCES IN THE SUPPLE5 MENTAL NUTRITION ASSISTANCE PROGRAM.—Section 

6 5(e)(6)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 

7 2014(e)(6)(C)) is amended— 

8 (1) in clause (i) by inserting ‘‘, subject to clause 

9 (iv)’’ after ‘‘Secretary’’; and 

10 (2) by striking subclause (I) of clause (iv) and 

11 inserting the following: 

12 ‘‘(I) IN GENERAL.—Subject to 

13 subclause (II), if a State agency elects 

14 to use a standard utility allowance 

15 that reflects heating and cooling costs, 

16 the standard utility allowance shall be 

17 made available to households that re18 ceived a payment, or on behalf of 

19 which a payment was made, under the 

20 Low-Income Home Energy Assistance 

21 Act of 1981 (42 U.S.C. 8621 et seq.) or 

22 other similar energy assistance pro23 gram, if in the current month or in the 

24 immediately preceding 12 months, the 

25 household either received such pay26 ment, or such payment was made on 


rfrederick on DSK6VPTVN1PROD with BILLS
298 

•HR 1947 RH

1 behalf of the household, that was great2 er than $20 annually, as determined 

3 by the Secretary.’’; and 

4 (b) CONFORMING AMENDMENT.—Section 2605(f)(2)(A) 

5 of the Low-Income Home Energy Assistance Act of 1981 

6 (42 U.S.C. 8624(f)(2)(A)) is amended by inserting before 

7 the semicolon the following: ‘‘, except that, for purposes of 

8 the supplemental nutrition assistance program established 

9 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

10 et seq.), such payments or allowances were greater than $20 

11 annually, consistent with section 5(e)(6)(C)(iv)(I) of that 

12 Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the 

13 Secretary of Agriculture’’. 

14 (c) EFFECTIVE DATE AND IMPLEMENTATION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), this section and the amendments made by 

17 this section shall take effect on October 1, 2013, and 

18 shall apply with respect to certification periods that 

19 begin after such date. 

20 (2) STATE OPTION TO DELAY IMPLEMENTATION

21 FOR CURRENT RECIPIENTS.—A State may, at the op22 tion of the State, implement a policy that eliminates 

23 or reduces the effect of the amendments made by this 

24 section on households that received a standard utility 

25 allowance as of the date of enactment of this Act, for 


rfrederick on DSK6VPTVN1PROD with BILLS
299 

•HR 1947 RH

1 not more than a 180-day period that begins on the 

2 date on which such amendments would otherwise 

3 apply to the respective household. 

4 SEC. 4008. ELIGIBILITY DISQUALIFICATIONS. 

5 Section 6(e)(3)(B) of Food and Nutrition Act of 2008 

6 (7 U.S.C. 2015(e)(3)(B)) is amended by striking ‘‘section;’’ 

7 and inserting the following: ‘‘section, subject to the condi8 tion that the course or program of study—’’ 

9 ‘‘(i) is part of a program of career and 

10 technical education (as defined in section 3 

11 of the Carl D. Perkins Career and Technical 

12 Education Act of 2006 (20 U.S.C. 2302)) 

13 that may be completed in not more than 4 

14 years at an institution of higher education 

15 (as defined in section 102 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1002)); 

17 or 

18 ‘‘(ii) is limited to remedial courses, 

19 basic adult education, literacy, or English 

20 as a second language;’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
300 

•HR 1947 RH

1 SEC. 4009. ENDING SUPPLEMENTAL NUTRITION ASSIST2 ANCE PROGRAM BENEFITS FOR LOTTERY OR 

3 GAMBLING WINNERS. 

4 (a) IN GENERAL.—Section 6 of the Food and Nutri5 tion Act of 2008 (7 U.S.C. 2015) is amended by adding 

6 at the end the following: 

7 ‘‘(r) INELIGIBILITY FOR BENEFITS DUE TO RECEIPT

8 OF SUBSTANTIAL LOTTERY OR GAMBLING WINNINGS.— 

9 ‘‘(1) IN GENERAL.—Any household in which a 

10 member receives substantial lottery or gambling 

11 winnings, as determined by the Secretary, shall lose 

12 eligibility for benefits immediately upon receipt of the 

13 winnings. 

14 ‘‘(2) DURATION OF INELIGIBILITY.—A household 

15 described in paragraph (1) shall remain ineligible for 

16 participation until the household meets the allowable 

17 financial resources and income eligibility require18 ments under subsections (c), (d), (e), (f), (g), (i), (k), 

19 (l), (m), and (n) of section 5. 

20 ‘‘(3) AGREEMENTS.—As determined by the Sec21 retary, each State agency, to the maximum extent 

22 practicable, shall establish agreements with entities 

23 responsible for the regulation or sponsorship of gam24 ing in the State to determine whether individuals 

25 participating in the supplemental nutrition assistVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
301 

•HR 1947 RH

1 ance program have received substantial lottery or 

2 gambling winnings.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 5(a) of the 

4 Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is 

5 amended in the 2d sentence by striking ‘‘sections 6(b), 

6 6(d)(2), and 6(g)’’ and inserting ‘‘subsections (b), (d)(2), 

7 (g), and (r) of section 6’’. 

8 SEC. 4010. IMPROVING SECURITY OF FOOD ASSISTANCE. 

9 Section 7(h)(8) of the Food and Nutrition Act of 2008 

10 (7 U.S.C. 2016(h)(8)) is amended— 

11 (1) in the heading by striking ‘‘CARD FEE’’ and 

12 inserting ‘‘OF CARDS’’; 

13 (2) by striking ‘‘A State’’ and inserting the fol14 lowing: 

15 ‘‘(A) FEES.—A State’’; and 

16 (3) by adding after subparagraph (A) (as so des17 ignated by paragraph (2)) the following: 

18 ‘‘(B) PURPOSEFUL LOSS OF CARDS.— 

19 ‘‘(i) IN GENERAL.—Subject to terms 

20 and conditions established by the Secretary 

21 in accordance with clause (ii), if a house22 hold makes excessive requests for replace23 ment of the electronic benefit transfer card 

24 of the household, the Secretary may require 

25 a State agency to decline to issue a replaceVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
302 

•HR 1947 RH

1 ment card to the household unless the house2 hold, upon request of the State agency, pro3 vides an explanation for the loss of the card. 

4 ‘‘(ii) REQUIREMENTS.—The terms and 

5 conditions established by the Secretary shall 

6 provide that— 

7 ‘‘(I) the household be given the op8 portunity to provide the requested ex9 planation and meet the requirements 

10 under this paragraph promptly; 

11 ‘‘(II) after an excessive number of 

12 lost cards, the head of the household 

13 shall be required to review program 

14 rights and responsibilities with State 

15 agency personnel authorized to make 

16 determinations under section 5(a); and 

17 ‘‘(III) any action taken, including 

18 actions required under section 6(b)(2), 

19 other than the withholding of the elec20 tronic benefit transfer card until an 

21 explanation described in subclause (I) 

22 is provided, shall be consistent with the 

23 due process protections under section 

24 6(b) or 11(e)(10), as appropriate. 


rfrederick on DSK6VPTVN1PROD with BILLS
303 

•HR 1947 RH

1 ‘‘(C) PROTECTING VULNERABLE PERSONS.— 

2 In implementing this paragraph, a State agency 

3 shall act to protect homeless persons, persons 

4 with disabilities, victims of crimes, and other 

5 vulnerable persons who lose electronic benefit 

6 transfer cards but are not intentionally commit7 ting fraud. 

8 ‘‘(D) EFFECT ON ELIGIBILITY.—While a 

9 State may decline to issue an electronic benefits 

10 transfer card until a household satisfies the re11 quirements under this paragraph, nothing in 

12 this paragraph shall be considered a denial of, or 

13 limitation on, the eligibility for benefits under 

14 section 5.’’. 

15 SEC. 4011. DEMONSTRATION PROJECTS ON ACCEPTANCE 

16 OF BENEFITS OF MOBILE TRANSACTIONS. 

17 Section 7(h) of the Food and Nutrition Act of 2008 

18 (7 U.S.C. 2016(h)) is amended by adding at the end the 

19 following: 

20 ‘‘(14) DEMONSTRATION PROJECTS ON ACCEPT21 ANCE OF BENEFITS OF MOBILE TRANSACTIONS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 pilot the use of mobile technologies determined by 

24 the Secretary to be appropriate to test the feasi25 bility and implications for program integrity, by 


rfrederick on DSK6VPTVN1PROD with BILLS
304 

•HR 1947 RH

1 allowing retail food stores, farmers markets, and 

2 other direct producer-to-consumer marketing out3 lets to accept benefits from recipients of supple4 mental nutrition assistance through mobile 

5 transactions. 

6 ‘‘(B) DEMONSTRATION PROJECTS.—To be 

7 eligible to participate in a demonstration project 

8 under subsection (a), a retail food store, farmers 

9 market, or other direct producer-to-consumer 

10 marketing outlet shall submit to the Secretary 

11 for approval a plan that includes— 

12 ‘‘(i) a description of the technology; 

13 ‘‘(ii) the manner by which the retail 

14 food store, farmers market or other direct 

15 producer-to-consumer marketing outlet will 

16 provide proof of the transaction to house17 holds; 

18 ‘‘(iii) the provision of data to the Sec19 retary, consistent with requirements estab20 lished by the Secretary, in a manner that 

21 allows the Secretary to evaluate the impact 

22 of the demonstration on participant access, 

23 ease of use, and program integrity; and 

24 ‘‘(iv) such other criteria as the Sec25 retary may require. 


rfrederick on DSK6VPTVN1PROD with BILLS
305 

•HR 1947 RH

1 ‘‘(C) DATE OF COMPLETION.—The dem2 onstration projects under this paragraph shall be 

3 completed and final reports submitted to the Sec4 retary by not later than July 1, 2016. 

5 ‘‘(D) REPORT TO CONGRESS.—The Sec6 retary shall submit a report to the Committee on 

7 Agriculture of the House of Representatives and 

8 the Committee on Agriculture, Nutrition, and 

9 Forestry of the Senate that includes a finding, 

10 based on the data provided under subparagraph 

11 (C) whether or not implementation in all States 

12 is in the best interest of the supplemental nutri13 tion assistance program.’’. 

14 SEC. 4012. USE OF BENEFITS FOR PURCHASE OF COMMU15 NITY-SUPPORTED AGRICULTURE SHARE. 

16 Section 10 of the Food and Nutrition Act of 2008 (7 

17 U.S.C. 2019) is amended in the 1st sentence by inserting 

18 ‘‘agricultural producers who market agricultural products 

19 directly to consumers shall be authorized to redeem benefits 

20 for the initial cost of the purchase of a community-sup21 ported agriculture share,’’ after ‘‘food so purchased,’’. 

22 SEC. 4013. RESTAURANT MEALS PROGRAM. 

23 (a) IN GENERAL.—Section 11(e) of the Food and Nu24 trition Act of 2008 (7 U.S.C. 2020(e)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
306 

•HR 1947 RH

1 (1) in paragraph (22) by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (23)(C) by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(24) if the State elects to carry out a program 

7 to contract with private establishments to offer meals 

8 at concessional prices, as described in paragraphs (3), 

9 (4), and (9) of section 3(k)— 

10 ‘‘(A) the plans of the State agency for oper11 ating the program, including— 

12 ‘‘(i) documentation of a need that eli13 gible homeless, elderly, and disabled clients 

14 are underserved in a particular geographic 

15 area; 

16 ‘‘(ii) the manner by which the State 

17 agency will limit participation to only 

18 those private establishments that the State 

19 determines necessary to meet the need iden20 tified in clause (i); and 

21 ‘‘(iii) any other conditions the Sec22 retary may prescribe, such as the level of se23 curity necessary to ensure that only eligible 

24 recipients participate in the program; and 


rfrederick on DSK6VPTVN1PROD with BILLS
307 

•HR 1947 RH

1 ‘‘(B) a report by the State agency to the 

2 Secretary annually, the schedule of which shall 

3 be established by the Secretary, that includes— 

4 ‘‘(i) the number of households and in5 dividual recipients authorized to partici6 pate in the program, including any infor7 mation on whether the individual recipient 

8 is elderly, disabled, or homeless; and 

9 ‘‘(ii) an assessment of whether the pro10 gram is meeting an established need, as doc11 umented under subparagraph (A)(i).’’. 

12 (b) APPROVAL OF RETAIL FOOD STORES AND WHOLE13 SALE FOOD CONCERNS.—Section 9 of the Food and Nutri14 tion Act of 2008 (7 U.S.C. 2018) is amended by adding 

15 at the end the following: 

16 ‘‘(h) PRIVATE ESTABLISHMENTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), no 

18 private establishment that contracts with a State 

19 agency to offer meals at concessional prices as de20 scribed in paragraphs (3), (4), and (9) of section 3(k) 

21 may be authorized to accept and redeem benefits un22 less the Secretary determines that the participation of 

23 the private establishment is required to meet a docu24 mented need in accordance with section 11(e)(24). 

25 ‘‘(2) EXISTING CONTRACTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
308 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—If, on the day before the 

2 effective date of this subsection, a State has en3 tered into a contract with a private establish4 ment described in paragraph (1) and the Sec5 retary has not determined that the participation 

6 of the private establishment is necessary to meet 

7 a documented need in accordance with section 

8 11(e)(24), the Secretary shall allow the operation 

9 of the private establishment to continue without 

10 that determination of need for a period not to 

11 exceed 180 days from the date on which the Sec12 retary establishes determination criteria, by reg13 ulation, under section 11(e)(24). 

14 ‘‘(B) JUSTIFICATION.—If the Secretary de15 termines to terminate a contract with a private 

16 establishment that is in effect on the effective 

17 date of this subsection, the Secretary shall pro18 vide justification to the State in which the pri19 vate establishment is located for that termi20 nation. 

21 ‘‘(3) REPORT TO CONGRESS.—Not later than 90 

22 days after September 30, 2014, and 90 days after the 

23 last day of each fiscal year thereafter, the Secretary 

24 shall report to the Committee on Agriculture of the 

25 House of Representatives and the Committee on AgriVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
309 

•HR 1947 RH

1 culture, Nutrition, and Forestry of the Senate on the 

2 effectiveness of a program under this subsection using 

3 any information received from States under section 

4 11(e)(24) as well as any other information the Sec5 retary may have relating to the manner in which 

6 benefits are used.’’. 

7 (c) CONFORMING AMENDMENTS.—Section 3(k) of the 

8 Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)) is 

9 amended by inserting ‘‘subject to section 9(h)’’ after 

10 ‘‘concessional prices’’ each place it appears. 

11 SEC. 4014. MANDATING STATE IMMIGRATION 

12 VERIFICATION. 

13 Section 11(p) of the Food and Nutrition Act of 2008 

14 (7 U.S.C. 2020(p)) is amended to read as follows: 

15 ‘‘(p) STATE VERIFICATION OPTION.—In carrying out 

16 the supplemental nutrition assistance program, a State 

17 agency shall be required to use an income and eligibility, 

18 or an immigration status, verification system established 

19 under section 1137 of the Social Security Act (42 U.S.C. 

20 1320b–7), in accordance with standards set by the Sec21 retary.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
310 

•HR 1947 RH

1 SEC. 4015. DATA EXCHANGE STANDARDIZATION FOR IM2 PROVED INTEROPERABILITY. 

3 (a) DATA EXCHANGE STANDARDIZATION.—Section 11 

4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is 

5 amended by adding at the end the following: 

6 ‘‘(v) DATA EXCHANGE STANDARDIZATION FOR IM7 PROVED INTEROPERABILITY.— 

8 ‘‘(1) DATA EXCHANGE STANDARDS.— 

9 ‘‘(A) DESIGNATION.—The Secretary, in con10 sultation with an interagency work group which 

11 shall be established by the Office of Management 

12 and Budget, and considering State perspectives, 

13 shall, by rule, designate a data exchange stand14 ard for any category of information required to 

15 be reported under this Act. 

16 ‘‘(B) DATA EXCHANGE STANDARDS MUST BE

17 NONPROPRIETARY AND INTEROPERABLE.—The 

18 data exchange standard designated under sub19 paragraph (A) shall, to the extent practicable, be 

20 nonproprietary and interoperable. 

21 ‘‘(C) OTHER REQUIREMENTS.—In desig22 nating data exchange standards under this sub23 section, the Secretary shall, to the extent prac24 ticable, incorporate— 

25 ‘‘(i) interoperable standards developed 

26 and maintained by an international volVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
311 

•HR 1947 RH

1 untary consensus standards body, as defined 

2 by the Office of Management and Budget, 

3 such as the International Organization for 

4 Standardization; 

5 ‘‘(ii) interoperable standards developed 

6 and maintained by intergovernmental part7 nerships, such as the National Information 

8 Exchange Model; and 

9 ‘‘(iii) interoperable standards devel10 oped and maintained by Federal entities 

11 with authority over contracting and finan12 cial assistance, such as the Federal Acquisi13 tion Regulatory Council. 

14 ‘‘(2) DATA EXCHANGE STANDARDS FOR REPORT15 ING.— 

16 ‘‘(A) DESIGNATION.—The Secretary, in con17 sultation with an interagency work group estab18 lished by the Office of Management and Budget, 

19 and considering State perspectives, shall, by rule, 

20 designate data exchange standards to govern the 

21 data reporting required under this part. 

22 ‘‘(B) REQUIREMENTS.—The data exchange 

23 standards required by subparagraph (A) shall, to 

24 the extent practicable— 


rfrederick on DSK6VPTVN1PROD with BILLS
312 

•HR 1947 RH

1 ‘‘(i) incorporate a widely-accepted, 

2 nonproprietary, searchable, computer-read3 able format; 

4 ‘‘(ii) be consistent with and implement 

5 applicable accounting principles; and 

6 ‘‘(iii) be capable of being continually 

7 upgraded as necessary. 

8 ‘‘(C) INCORPORATION OF NONPROPRIETARY

9 STANDARDS.—In designating reporting stand10 ards under this subsection, the Secretary shall, to 

11 the extent practicable, incorporate existing non12 proprietary standards, such as the eXtensible 

13 Markup Language.’’. 

14 (b) EFFECTIVE DATES.— 

15 (1) DATA EXCHANGE STANDARDS.—The Sec16 retary of Agriculture shall issue a proposed rule 

17 under section 11(v)(1) of the Food and Nutrition Act 

18 of 2008 within 12 months after the effective date of 

19 this section, and shall issue a final rule under such 

20 section after public comment, within 24 months after 

21 such effective date. 

22 (2) DATA REPORTING STANDARDS.—The report23 ing standards required under section 11(v)(2) of such 

24 Act shall become effective with respect to reports re25 quired in the first reporting period, after the effective 


rfrederick on DSK6VPTVN1PROD with BILLS
313 

•HR 1947 RH

1 date of the final rule referred to in paragraph (1) of 

2 this subsection, for which the authority for data col3 lection and reporting is established or renewed under 

4 the Paperwork Reduction Act. 

5 SEC. 4016. PILOT PROJECTS TO IMPROVE FEDERAL-STATE 

6 COOPERATION IN IDENTIFYING AND REDUC7 ING FRAUD IN THE SUPPLEMENTAL NUTRI8 TION ASSISTANCE PROGRAM. 

9 Section 12 of the Food and Nutrition Act of 2008 (7 

10 U.S.C. 2021) is amended by adding at the end the following: 

11 ‘‘(i) PILOT PROJECTS TO IMPROVE FEDERAL-STATE

12 COOPERATION IN IDENTIFYING AND REDUCING FRAUD IN

13 THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall carry 

15 out, under such terms and conditions as determined 

16 by the Secretary, pilot projects to test innovative Fed17 eral-State partnerships to identify, investigate, and 

18 reduce retailer fraud in the supplemental nutrition 

19 assistance program, including allowing States to op20 erate retail Food Store investigation programs. 

21 ‘‘(2) SELECTION CRITERIA.—Pilot projects shall 

22 be selected based on criteria the Secretary establishes, 

23 which shall include— 

24 ‘‘(A) enhancing existing efforts by the Sec25 retary to reduce retailer fraud; 


rfrederick on DSK6VPTVN1PROD with BILLS
314 

•HR 1947 RH

1 ‘‘(B) requiring participant States to main2 tain their overall level of effort at addressing re3 cipient fraud, as determined by the Secretary, 

4 prior to participation in the pilot project; 

5 ‘‘(C) collaborating with other law enforce6 ment authorities as necessary to carry out an ef7 fective pilot project; 

8 ‘‘(D) commitment of the participant State 

9 agency to follow Federal rules and procedures 

10 with respect to retailer investigations; and 

11 ‘‘(E) the extent to which a State has com12 mitted resources to recipient fraud and the rel13 ative success of those efforts. 

14 ‘‘(3) EVALUATION.— 

15 ‘‘(A) The Secretary shall evaluate the 

16 projects selected under this subsection to measure 

17 the impact of the pilot projects. 

18 ‘‘(B) Such evaluation shall include— 

19 ‘‘(i) each pilot project’s impact on in20 creasing the Secretary’s capacity to address 

21 retailer fraud; 

22 ‘‘(ii) the effectiveness of the pilot 

23 projects in identifying, preventing and re24 ducing retailer fraud; and 


rfrederick on DSK6VPTVN1PROD with BILLS
315 

•HR 1947 RH

1 ‘‘(iii) the cost effectiveness of such pilot 

2 projects. 

3 ‘‘(4) REPORT TO CONGRESS.—Not later than 

4 September 30, 2017, the Secretary shall submit to the 

5 Committee on Agriculture of the House of Representa6 tives and the Committee on Agriculture, Nutrition 

7 and Forestry of the Senate, a report that includes a 

8 description of the results of each pilot project, includ9 ing an evaluation of the impact of the project on re10 tailer fraud and the costs associated with each pilot 

11 project. 

12 ‘‘(5) FUNDING.—Any costs incurred by the State 

13 to operate the pilot projects in excess of the amount 

14 expended under this Act for retailer fraud in the re15 spective State in the previous fiscal year shall not be 

16 eligible for Federal reimbursement under this Act.’’. 

17 SEC. 4017. PROHIBITING GOVERNMENT-SPONSORED RE18 CRUITMENT ACTIVITIES. 

19 (a) ADMINISTRATIVE COST-SHARING AND QUALITY

20 CONTROL.—Section 16(a)(4) of the Food and Nutrition Act 

21 of 2008 (7 U.S.C. 2025(a)(4)) is amended by inserting after 

22 ‘‘recruitment activities’’ the following: ‘‘designed to per23 suade an individual to apply for program benefits or that 

24 promote the program via television, radio, or billboard ad25 vertisements’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
316 

•HR 1947 RH

1 (b) LIMITATION ON USE OF FUNDS AUTHORIZED TO

2 BE APPROPRIATED UNDER ACT.—Section 18 of the Food 

3 and Nutrition Act of 2008 (7 U.S.C. 2027) is amended by 

4 adding at the end the following: 

5 ‘‘(g) BAN ON RECRUITMENT AND PROMOTION ACTIVI6 TIES.—(1) Except as provided in paragraph (2), no funds 

7 authorized to be appropriated under this Act shall be used 

8 by the Secretary for— 

9 ‘‘(A) recruitment activities designed to persuade 

10 an individual to apply for supplemental nutrition as11 sistance program benefits; 

12 ‘‘(B) television, radio, or billboard advertise13 ments that are designed to promote supplemental nu14 trition assistance program benefits and enrollment; or 

15 ‘‘(C) any agreements with foreign governments 

16 designed to promote supplemental nutrition assistance 

17 program benefits and enrollment. 

18 ‘‘(2) Paragraph (1)(B) shall not apply to pro19 grammatic activities undertaken with respect to benefits 

20 made available in response to a natural disaster.’’. 

21 (c) BAN ON RECRUITMENT ACTIVITIES BY ENTITIES

22 THAT RECEIVE FUNDS.—Section 18 of the Food and Nutri23 tion Act of 2008 (7 U.S.C. 2027) is amended by adding 

24 at the end the following : 


rfrederick on DSK6VPTVN1PROD with BILLS
317 

•HR 1947 RH

1 ‘‘(h) BAN ON RECRUITMENT BY ENTITIES THAT RE2 CEIVE FUNDS.—The Secretary shall issue regulations that 

3 forbid entities that receive funds under this Act to com4 pensate any person for conducting outreach activities relat5 ing to participation in, or for recruiting individuals to 

6 apply to receive benefits under, the supplemental nutrition 

7 assistance program if the amount of such compensation 

8 would be based on the number of individuals who apply 

9 to receive such benefits.’’. 

10 SEC. 4018. REPEAL OF BONUS PROGRAM. 

11 Section 16(d) of the Food and Nutrition Act of 2008 

12 (7 U.S.C. 2025(d)) is repealed. 

13 SEC. 4019. FUNDING OF EMPLOYMENT AND TRAINING PRO14 GRAMS. 

15 Section 16(h)(1)(A) of the Food and Nutrition Act of 

16 2008 (7 U.S.C. 2025(h)(1)(A)) is amended by striking 

17 ‘‘$90,000,000’’ and all that follows through ‘‘$79,000,000’’, 

18 and inserting ‘‘$79,000,000 for each fiscal year’’. 

19 SEC. 4020. MONITORING EMPLOYMENT AND TRAINING PRO20 GRAMS. 

21 (a) REPORTING MEASURES.—Section 16(h)(5) of the 

22 Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(5)) is 

23 amended to read: 

24 ‘‘(5)(A) IN GENERAL.—The Secretary shall mon25 itor the employment and training programs carried 


rfrederick on DSK6VPTVN1PROD with BILLS
318 

•HR 1947 RH

1 out by State agencies under section 6(d)(4) and assess 

2 their effectiveness in— 

3 ‘‘(i) preparing members of households par4 ticipating in the supplemental nutrition assist5 ance program for employment, including the ac6 quisition of basic skills necessary for employ7 ment; and 

8 ‘‘(ii) increasing the numbers of household 

9 members who obtain and retain employment sub10 sequent to their participation in such employ11 ment and training programs. 

12 ‘‘(B) REPORTING MEASURES.—The Secretary, in 

13 consultation with the Secretary of Labor, shall de14 velop reporting measures that identify improvements 

15 in the skills, training education or work experience of 

16 members of households participating in the supple17 mental nutrition assistance program. Measures shall 

18 be based on common measures of performance for fed19 eral workforce training programs, so long as they re20 flect the challenges facing the types of members of 

21 households participating in the supplemental nutri22 tion assistance program who participate in a specific 

23 employment and training component. The Secretary 

24 shall require that each State employment and train25 ing plan submitted under section 11(3)(19) identify 


rfrederick on DSK6VPTVN1PROD with BILLS
319 

•HR 1947 RH

1 appropriate reporting measures for each of their pro2 posed components that serve at least 100 people. Such 

3 measures may include: 

4 ‘‘(i) the percentage and number of program 

5 participants who received employment and 

6 training services and are in unsubsidized em7 ployment subsequent to the receipt of those serv8 ices; 

9 ‘‘(ii) the percentage and number of program 

10 participants who obtain a recognized postsec11 ondary credential, including a registered ap12 prenticeship, or a regular secondary school di13 ploma or its recognized equivalent, while partici14 pating in or within 1 year after receiving em15 ployment and training services; 

16 ‘‘(iii) the percentage and number of pro17 gram participants who are in an education or 

18 training program that is intended to lead to a 

19 recognized postsecondary credential, including a 

20 registered apprenticeship or on-the-job training 

21 program, a regular secondary school diploma or 

22 its recognized equivalent, or unsubsidized em23 ployment; 

24 ‘‘(iv) subject to the terms and conditions set 

25 by the Secretary, measures developed by each 


rfrederick on DSK6VPTVN1PROD with BILLS
320 

•HR 1947 RH

1 State agency to assess the skills acquisition of 

2 employment and training program participants 

3 that reflect the goals of their specific employment 

4 and training program components, which may 

5 include, but are not limited to— 

6 ‘‘(I) the percentage and number of pro7 gram participants who are meeting pro8 gram requirements in each component of the 

9 State’s education and training program; 

10 and 

11 ‘‘(II) the percentage and number of 

12 program participants who are gaining 

13 skills likely to lead to employment as meas14 ured through testing, quantitative or quali15 tative assessment or other method; and 

16 ‘‘(v) other indicators as approved by the 

17 Secretary. 

18 ‘‘(C) STATE REPORT.—Each State agency shall 

19 annually prepare and submit to the Secretary a re20 port on the State’s employment and training program 

21 that includes the numbers of supplemental nutrition 

22 assistance program participants who have gained 

23 skills, training, work or experience that will increase 

24 their ability to obtain regular employment using 

25 measures identified in subparagraph (B). 


rfrederick on DSK6VPTVN1PROD with BILLS
321 

•HR 1947 RH

1 ‘‘(D) MODIFICATIONS TO THE STATE EMPLOY2 MENT AND TRAINING PLAN.—Subject to the terms and 

3 conditions established by the Secretary, if the Sec4 retary determines that the state agency’s performance 

5 with respect to employment and training outcomes is 

6 inadequate, the Secretary may require the State agen7 cy to make modifications to their employment and 

8 training plan to improve such outcomes. 

9 ‘‘(E) PERIODIC EVALUATION.— 

10 ‘‘(i) IN GENERAL.—Subject to terms and 

11 conditions established by the Secretary, not later 

12 than October 1, 2016, and not less frequently 

13 than once every 5 years thereafter, the Secretary 

14 shall conduct a study to review existing practice 

15 and research to identify employment and train16 ing program components and practices that— 

17 ‘‘(I) effectively assist members of house18 holds participating in the supplemental nu19 trition assistance program in gaining skills, 

20 training, work, or experience that will in21 crease their ability to obtain regular em22 ployment, and 

23 ‘‘(II) are best integrated with statewide 

24 workforce development systems. 


rfrederick on DSK6VPTVN1PROD with BILLS
322 

•HR 1947 RH

1 ‘‘(ii) REPORT TO CONGRESS.—The Sec2 retary shall submit a report that describes the re3 sults of the study under clause (i) to the Com4 mittee on Agriculture in the House of Represent5 atives, and the Committee on Agriculture, Nutri6 tion and Forestry in the Senate.’’. 

7 (b) EFFECTIVE DATE.—Notwithstanding section 4(c) 

8 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)), 

9 the Secretary shall issue interim final regulations imple10 menting the amendment made by subsection (a) no later 

11 than 18 months after the date of enactment of this Act. 

12 States shall include such reporting measures in their em13 ployment and training plans for the 1st fiscal year there14 after that begins no sooner than 6 months after the date 

15 that such regulations are published. 

16 SEC. 4021. COOPERATION WITH PROGRAM RESEARCH AND 

17 EVALUATION. 

18 Section 17 of the Food and Nutrition Act of 2008 (7 

19 U.S.C. 2026) is amended by adding at the end the following: 

20 ‘‘(l) COOPERATION WITH PROGRAM RESEARCH AND

21 EVALUATION.—States, State agencies, local agencies, insti22 tutions, facilities such as data consortiums, and contractors 

23 participating in programs authorized under this Act shall 

24 cooperate with officials and contractors acting on behalf of 

25 the Secretary in the conduct of evaluations and studies 


rfrederick on DSK6VPTVN1PROD with BILLS
323 

•HR 1947 RH

1 under this Act and shall submit information at such time 

2 and in such manner as the Secretary may require.’’. 

3 SEC. 4022. PILOT PROJECTS TO REDUCE DEPENDENCY AND 

4 INCREASE WORK EFFORT IN THE SUPPLE5 MENTAL NUTRITION ASSISTANCE PROGRAM. 

6 Section 17 of the Food and Nutrition Act of 2008 (7 

7 U.S.C. 2026), as amended by section 4021, is amended by 

8 adding at the end the following: 

9 ‘‘(m) PILOT PROJECTS TO REDUCE DEPENDENCY AND

10 INCREASE WORK EFFORT IN THE SUPPLEMENTAL NUTRI11 TION ASSISTANCE PROGRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall carry 

13 out, under such terms and conditions as the Secretary 

14 considers to be appropriate, pilot projects to identify 

15 best practices for employment and training programs 

16 under this Act to raise the number of work registrants 

17 who obtain unsubsidized employment, increase their 

18 earned income, and reduce their reliance on public 

19 assistance, including but not limited to the supple20 mental nutrition assistance program. 

21 ‘‘(2) SELECTION CRITERIA.—Pilot projects shall 

22 be selected based on criteria the Secretary establishes, 

23 that shall include— 

24 ‘‘(A) enhancing existing employment and 

25 training programs in the State; 


rfrederick on DSK6VPTVN1PROD with BILLS
324 

•HR 1947 RH

1 ‘‘(B) agreeing to participate in the evalua2 tion described in paragraph (3), including mak3 ing available data on participants’ employment 

4 activities and post-participation employment, 

5 earnings, and public benefit receipt; 

6 ‘‘(C) collaborating with the State workforce 

7 board and other job training programs in the 

8 State and local area; 

9 ‘‘(D) the extent to which the pilot project’s 

10 components can be easily replicated by other 

11 States or political subdivisions; and 

12 ‘‘(E) such additional criteria that ensure 

13 that the pilot projects— 

14 ‘‘(i) target a variety of populations of 

15 work registrants, including childless adults, 

16 parents, and individuals with low skills or 

17 limited work experience; 

18 ‘‘(ii) are selected from a range of exist19 ing employment and training programs in20 cluding programs that provide— 

21 ‘‘(I) section 20 workfare; 

22 ‘‘(II) skills development for work 

23 registrants with limited employment 

24 history; 


rfrederick on DSK6VPTVN1PROD with BILLS
325 

•HR 1947 RH

1 ‘‘(III) post-employment support 

2 services necessary for maintaining em3 ployment; and 

4 ‘‘(IV) education leading to a rec5 ognized postsecondary credential, reg6 istered apprenticeship, or secondary 

7 school diploma or its equivalent; 

8 ‘‘(iii) are located in a range of geo9 graphic areas, including rural, urban, and 

10 Indian reservations; and 

11 ‘‘(iv) include participants who are ex12 empt and not exempt under section 

13 (6)(d)(2). 

14 ‘‘(3) EVALUATION.—The Secretary shall provide 

15 for an independent evaluation of projects selected 

16 under this subsection to measure the impact of the 

17 pilot projects on the ability of each pilot project target 

18 population to find and retain employment that leads 

19 to increased household income and reduced depend20 ency, compared to what would have occurred in the 

21 absence of the pilot project. 

22 ‘‘(4) REPORT TO CONGRESS.—By September 30, 

23 2017, the Secretary shall submit, to the Committee on 

24 Agriculture of the House of Representatives and the 


rfrederick on DSK6VPTVN1PROD with BILLS
326 

•HR 1947 RH

1 Committee on Agriculture, Nutrition, and Forestry of 

2 the Senate, a report that includes a description of— 

3 ‘‘(A) the results of each pilot project, includ4 ing an evaluation of the impact of the project on 

5 the employment, income, and public benefit re6 ceipt of the targeted population of work reg7 istrants; 

8 ‘‘(B) the Federal, State, and other costs of 

9 each pilot project; 

10 ‘‘(C) the planned dissemination of the re11 ports’ findings with State agencies; and 

12 ‘‘(D) the steps and funding necessary to in13 corporate components of pilot projects that dem14 onstrate increased employment and earnings into 

15 State employment and training programs. 

16 ‘‘(5) FUNDING.—From amounts made available 

17 to under section 18(a)(1), the Secretary shall make 

18 $10,000,000 available for each of the fiscal years 

19 2014, 2015, and 2016 to carry out this subsection. 

20 Such amounts shall remain available until expended. 

21 ‘‘(6) USE OF FUNDS.— 

22 ‘‘(A) Funds provided under this subsection 

23 for pilot projects shall be used only for— 

24 ‘‘(i) pilot projects that comply with the 

25 provisions of this Act; 


rfrederick on DSK6VPTVN1PROD with BILLS
327 

•HR 1947 RH

1 ‘‘(ii) the costs and administration of 

2 the pilot projects; 

3 ‘‘(iii) the costs incurred in providing 

4 information and data to the independent 

5 evaluation under paragraph (3); and 

6 ‘‘(iv) the costs of the evaluation under 

7 paragraph (3). 

8 ‘‘(B) Funds made available under this sub9 section may not be used to supplant non-Federal 

10 funds used for existing employment and training 

11 activities.’’. 

12 SEC. 4023. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 18(a)(1) of the Food and Nutrition Act of 2008 

14 (7 U.S.C. 2027(a)(1)) is amended in the 1st sentence by 

15 striking ‘‘2012’’ and inserting ‘‘2018’’. 

16 SEC. 4024. LIMITATION ON USE OF BLOCK GRANT TO PUER17 TO RICO. 

18 Section 19(a)(2)(B) of the Food and Nutrition Act of 

19 2008 (7 U.S.C. 2028(a)(2)(B)) is amended by adding at 

20 the end the following: 

21 ‘‘(iii) LIMITATION ON USE OF

22 FUNDS.—None of the funds made available 

23 to the Commonwealth of Puerto Rico under 

24 this subparagraph may be used to provide 


rfrederick on DSK6VPTVN1PROD with BILLS
328 

•HR 1947 RH

1 nutrition assistance in the form of cash ben2 efits.’’. 

3 SEC. 4025. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 

4 (a) DEFINITION.—Section 25(a)(1)(B)(i) of the Food 

5 and Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is 

6 amended— 

7 (1) in subclause (II) by striking ‘‘and’’ at the 

8 end; 

9 (2) in subclause (III) by striking ‘‘or’’ at the end 

10 and inserting ‘‘and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(IV) to provide incentives for the con13 sumption of fruits and vegetables among 

14 low-income individuals; or’’. 

15 (b) ADDITIONAL FUNDING.—Section 25(b) of the Food 

16 and Nutrition Act of 2008 (7 U.S.C. 2034) is amended by 

17 adding at the end the following: 

18 ‘‘(3) FUNDING.— 

19 ‘‘(A) IN GENERAL.—Out of any funds in the 

20 Treasury not otherwise appropriated, the Sec21 retary of the Treasury shall transfer to the Sec22 retary to carry out this section not less than 

23 $10,000,000 for fiscal year 2014 and each fiscal 

24 year thereafter. Of the amount made available 

25 under this subparagraph for each such fiscal 


rfrederick on DSK6VPTVN1PROD with BILLS
329 

•HR 1947 RH

1 year, $5,000,000 shall be available to carry out 

2 subsection (a)(1)(B)(I)(IV). 

3 ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec4 retary shall be entitled to receive, shall accept, 

5 and shall use to carry out this section, the funds 

6 transferred under subparagraph (A) without fur7 ther appropriation. 

8 ‘‘(C) MAINTENANCE OF FUNDING.—The 

9 funding provided under subparagraph (A) shall 

10 supplement (and not supplant) other Federal 

11 funding made available to the Secretary to carry 

12 out this section.’’. 

13 SEC. 4026. EMERGENCY FOOD ASSISTANCE. 

14 (a) PURCHASE OF COMMODITIES.—Section 27(a) of 

15 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is 

16 amended— 

17 (1) in paragraph (1) by striking ‘‘2008 through 

18 2012’’ and inserting ‘‘2013 through 2018’’; 

19 (2) in paragraph (2)— 

20 (A) by striking subparagraphs (A) and (B) 

21 and inserting the following: 

22 ‘‘(A) for fiscal year 2013, $265,750,000; 

23 ‘‘(B) for fiscal year 2014 the dollar amount 

24 of commodities specified in subparagraph (A) 

25 adjusted by the percentage by which the thrifty 


rfrederick on DSK6VPTVN1PROD with BILLS
330 

•HR 1947 RH

1 food plan has been adjusted under section 

2 3(u)(4) between June 30, 2012 and June 30, 

3 2013, and subsequently increased by 

4 $20,000,000;’’; and 

5 (B) in subparagraph (C)— 

6 (i) by striking ‘‘2010 through 2012, the 

7 dollar amount of commodities specified in’’ 

8 and inserting ‘‘2015 through 2018, the total 

9 amount of commodities under’’; and 

10 (ii) by striking ‘‘2008’’ and inserting 

11 ‘‘2013’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(3) FUNDS AVAILABILITY.—For purposes of the 

14 funds described in this subsection, the Secretary 

15 shall— 

16 ‘‘(A) make the funds available for 2 fiscal 

17 years; and 

18 ‘‘(B) allow States to carry over unexpended 

19 balances to the next fiscal year pursuant to such 

20 terms and conditions as are determined by the 

21 Secretary.’’. 

22 (b) EMERGENCY FOOD PROGRAM INFRASTRUCTURE

23 GRANTS.—Section 209(d) of the Emergency Food Assist24 ance Act of 1983 (7 U.S.C. 7511a(d)) is amended by strik25 ing ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
331 

•HR 1947 RH

1 SEC. 4027. NUTRITION EDUCATION. 

2 Section 28 of the Food and Nutrition Act of 2008 (7 

3 U.S.C. 2036a) is amended— 

4 (1) in subsection (b) by inserting ‘‘and physical 

5 activity’’ after ‘‘healthy food choices’’; and 

6 (2) in subsection (d)(1)— 

7 (A) in subparagraph (D) by striking 

8 ‘‘$401,000,000;’’ and inserting ‘‘$375,000,000; 

9 and’’; 

10 (B) by striking subparagraph (E); and 

11 (C) in subparagraph (F) by striking ‘‘(F) 

12 for fiscal year 2016’’ and inserting ‘‘(E) for fis13 cal year 2015’’. 

14 SEC. 4028. RETAILER TRAFFICKING. 

15 The Food and Nutrition Act of 2008 (7 U.S.C. 2011 

16 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 29. RETAILER TRAFFICKING. 

18 ‘‘(a) PURPOSE.—The purpose of this section is to pro19 vide the Department of Agriculture with additional re20 sources to prevent trafficking in violation of this Act by 

21 strengthening recipient and retailer program integrity. Ad22 ditional funds are provided to supplement the Department’s 

23 payment accuracy, and retailer and recipient integrity ac24 tivities. 

25 ‘‘(b) FUNDING.— 


rfrederick on DSK6VPTVN1PROD with BILLS
332 

•HR 1947 RH

1 ‘‘(1) IN GENERAL.—Out of any funds in the 

2 Treasury not otherwise appropriated, the Secretary of 

3 the Treasury shall transfer to the Secretary to carry 

4 out this section not less than $5,000,000 for fiscal 

5 year 2014 and each fiscal year thereafter. 

6 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary 

7 shall be entitled to receive, shall accept, and shall use 

8 to carry out this section the funds transferred under 

9 paragraph (1) without further appropriation. 

10 ‘‘(3) MAINTENANCE OF FUNDING.—The funding 

11 provided under paragraph (1) shall supplement (and 

12 not supplant) other Federal funding for programs 

13 carried out under this Act.’’. 

14 SEC. 4029. TECHNICAL AND CONFORMING AMENDMENTS. 

15 (a) Section 3 of the Food and Nutrition Act of 2008 

16 (7 U.S.C. 2012) is amended— 

17 (1) in subsection (g) by striking ‘‘coupon,’’ the 

18 last place it appears and inserting ‘‘coupon’’; 

19 (2) in subsection (k)(7) by striking ‘‘or are’’ and 

20 inserting ‘‘and’’; 

21 (3) by striking subsection (l); 

22 (4) by redesignating subsections (m) through (t) 

23 as subsections (l) through (s), respectively; and 

24 (5) by inserting after subsection (s) (as so redes25 ignated) the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
333 

•HR 1947 RH

1 ‘‘(t) ‘Supplemental nutritional assistance program’ 

2 means the program operated pursuant to this Act.’’. 

3 (b) Section 4(a) of the Food and Nutrition Act of 2008 

4 (7 U.S.C. 2013(a)) is amended by striking ‘‘benefits’’ the 

5 last place it appears and inserting ‘‘Benefits’’. 

6 (c) Section 5 of the Food and Nutrition Act of 2008 

7 (7 U.S.C. 2014) is amended— 

8 (1) in the last sentence of subsection (i)(2)(D) by 

9 striking ‘‘section 13(b)(2)’’ and inserting ‘‘section 

10 13(b)’’; and 

11 (2) in subsection (k)(4)(A) by striking ‘‘para12 graph (2)(H)’’ and inserting ‘‘paragraph (2)(G)’’. 

13 (d) Section 6(d)(4) of the Food and Nutrition Act of 

14 2008 (7 U.S.C. 2015(d)(4)) is amended— 

15 (1) in subparagraph (B)(vii) by moving the left 

16 margin 4 ems to the left, and 

17 (2) in subparagraph (F)(iii) by moving the left 

18 margin 6 ems to the left. 

19 (e) Section 7(h) of the Food and Nutrition Act of 2008 

20 (7 U.S.C. 2016(h)) is amended by redesignating the 2d 

21 paragraph (12) as paragraph (13). 

22 (f) Section 12 of the Food and Nutrition Act of 2008 

23 (7 U.S.C. 2021) is amended— 

24 (1) in subsection (b)(3)(C) by striking ‘‘civil 

25 money penalties’’ and inserting ‘‘civil penalties’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
334 

•HR 1947 RH

1 (2) in subsection (g)(1) by striking ‘‘(7 U.S.C. 

2 1786)’’ and inserting ‘‘(42 U.S.C. 1786)’’. 

3 (g) Section 15(b)(1) of the Food and Nutrition Act of 

4 2008 (7 U.S.C. 2024(b)(1)) is amended in the 1st sentence 

5 by striking ‘‘an benefit’’ both places it appears and insert6 ing ‘‘a benefit’’. 

7 (h) Section 16(a) of the Food and Nutrition Act of 

8 2008 (7 U.S.C. 2025(a)) is amended in the proviso fol9 lowing paragraph (8) by striking ‘‘, as amended.’’. 

10 (i) Section 18(e) of the Food and Nutrition Act of 2008 

11 (7 U.S.C. 2027(e)) is amended in the 1st sentence by strik12 ing ‘‘sections 7(f)’’ and inserting ‘‘section 7(f)’’. 

13 (j) Section 22(b)(10)(B)(i) of the Food and Nutrition 

14 Act of 2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended in the 

15 last sentence by striking ‘‘Food benefits’’ and inserting 

16 ‘‘Benefits’’. 

17 (k) Section 26(f)(3)(C) of the Food and Nutrition Act 

18 of 2008 (7 U.S.C. 2035(f)(3)(C)) is amended by striking 

19 ‘‘subsection’’ and inserting ‘‘subsections’’. 

20 (l) Section 27(a)(1) of the Food and Nutrition Act of 

21 2008 (7 U.S.C. 2036(a)(1)) is amended by striking ‘‘(Public 

22 Law 98–8; 7 U.S.C. 612c note)’’ and inserting ‘‘(7 U.S.C. 

23 7515)’’. 

24 (m) Section 509 of the Older Americans Act of 1965 

25 (42 U.S.C. 3056g) is amended in the section heading by 


rfrederick on DSK6VPTVN1PROD with BILLS
335 

•HR 1947 RH

1 striking ‘‘FOOD STAMP PROGRAMS’’ and inserting 

2 ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PRO3 GRAM’’. 

4 (n) Section 4115(c)(2)(H) of the Food, Conservation, 

5 and Energy Act of 2008 (Public Law 110–246; 122 Stat. 

6 1871) is amended by striking ‘‘531’’ and inserting ‘‘454’’. 

7 (o) Section 3803(c)(2)(C)(vii) of title 31 of the United 

8 States Code is amended by striking ‘‘section 3(l)’’ and in9 serting ‘‘section 3(s)’’. 

10 (p) Section 115 of the Personal Responsibility and 

11 Work Opportunity Reconciliation Act of 1996 (Public Law 

12 104–193) is amended— 

13 (1) in subsection (a)(2) by striking ‘‘section 3(l)’’ 

14 and inserting ‘‘section 3(s)’’; 

15 (2) in subsection (b)(2) by striking ‘‘section 3(l)’’ 

16 and inserting ‘‘section 3(s)’’; and 

17 (3) in subsection (e)(2) by striking ‘‘section 3(l)’’ 

18 and inserting ‘‘section 3(s)’’. 

19 (q) The Agriculture and Consumer Protection Act of 

20 1973 (7 U.S.C. 612c) is amended— 

21 (1) in section 4(a) by striking ‘‘Food Stamp Act 

22 of 1977’’ and inserting ‘‘Food and Nutrition Act of 

23 2008’’; and 

24 (2) in section 5— 


rfrederick on DSK6VPTVN1PROD with BILLS
336 

•HR 1947 RH

1 (A) in subsection (i)(1) by striking ‘‘Food 

2 Stamp Act of 1977’’ and inserting ‘‘Food and 

3 Nutrition Act of 2008’’; and 

4 (B) in subsection (l)(2)(B) by striking 

5 ‘‘Food Stamp Act of 1977’’ and inserting ‘‘Food 

6 and Nutrition Act of 2008’’. 

7 (r) The Social Security Act (42 U.S.C. 301 et seq.) 

8 is amended— 

9 (1) in the heading of section 453(j)(10) by strik10 ing ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL

11 NUTRITION ASSISTANCE’’; 

12 (2) in section 1137— 

13 (A) in subsection (a)(5)(B) by striking 

14 ‘‘food stamp’’ and inserting ‘‘supplemental nu15 trition assistance’’; and 

16 (B) in subsection (b)(4) by striking ‘‘food 

17 stamp program under the Food Stamp Act of 

18 1977’’ and inserting ‘‘supplemental nutrition as19 sistance program under the Food and Nutrition 

20 Act of 2008’’; and 

21 (3) in the heading of section 1631(n) by striking 

22 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL NU23 TRITION ASSISTANCE’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
337 

•HR 1947 RH

1 SEC. 4030. TOLERANCE LEVEL FOR EXCLUDING SMALL ER2 RORS. 

3 The Secretary shall set the tolerance level for excluding 

4 small errors for the purposes of section 16(c) of the Food 

5 and Nutrition Act of 2008 (7 U.S.C. 2025(c))— 

6 (1) for fiscal year 2014 at an amount no greater 

7 than $25; and 

8 (2) for each fiscal year thereafter, the amount 

9 specified in paragraph (1) adjusted by the percentage 

10 by which the thrifty food plan is adjusted under sec11 tion 3(u)(4) of such Act between June 30, 2012, and 

12 June 30 of the immediately preceding fiscal year. 

13 SEC. 4031. COMMONWEALTH OF THE NORTHERN MARIANA 

14 ISLANDS PILOT PROGRAM. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—Prior to establishing the pilot 

17 program under subsection (b), the Secretary shall con18 duct a study to be completed not later than 2 years 

19 after the effective date of this section to assess— 

20 (A) the capabilities of the Commonwealth of 

21 the Northern Mariana Islands to operate the 

22 supplemental nutrition assistance program in 

23 the same manner in which the program is oper24 ated in the States (as defined in section 3 of the 

25 Food and Nutrition Act (7 U.S.C. 2011 et seq)); 

26 and 


rfrederick on DSK6VPTVN1PROD with BILLS
338 

•HR 1947 RH

1 (B) alternative models of the supplemental 

2 nutrition assistance program operation and ben3 efit delivery that best meet the nutrition assist4 ance needs of the Commonwealth of the Northern 

5 Mariana Islands. 

6 (2) SCOPE.—The study conducted under para7 graph (1)(A) will assess the capability of the Com8 monwealth to fulfill the responsibilities of a State 

9 agency, including— 

10 (A) extending and limiting participation to 

11 eligible households, as prescribed by sections 5 

12 and 6 of the Act; 

13 (B) issuing benefits through EBT cards, as 

14 prescribed by section 7 of the Act; 

15 (C) maintaining the integrity of the pro16 gram, including operation of a quality control 

17 system, as prescribed by section 16(c) of the Act; 

18 (D) implementing work requirements, in19 cluding operating an employment and training 

20 program, as prescribed by section 6(d) of the Act; 

21 and 

22 (E) paying a share of administrative costs 

23 with non-Federal funds, as prescribed by section 

24 16(a) of the Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
339 

•HR 1947 RH

1 (b) ESTABLISHMENT.—If the Secretary determines 

2 that a pilot program is feasible, the Secretary shall establish 

3 a pilot program for the Commonwealth of the Northern 

4 Mariana Islands to operate the supplemental nutrition as5 sistance program in the same manner in which the program 

6 is operated in the States. 

7 (c) SCOPE.—The Secretary shall utilize the informa8 tion obtained from the study conducted under subsection (a) 

9 to establish the scope of the pilot program established under 

10 subsection (b). 

11 (d) REPORT.—Not later than June 30, 2019, the Sec12 retary shall submit to the Committee on Agriculture of the 

13 House of Representatives and the Committee on Agri14 culture, Nutrition, and Forestry of the Senate a report on 

15 the pilot program carried out under this section, including 

16 an analysis of the feasibility of operating in the Common17 wealth of the Northern Mariana Islands the supplemental 

18 nutrition assistance program as it is operated in the States. 

19 (e) FUNDING.— 

20 (1) STUDY.—Of the funds made available under 

21 section 18(a)(1) of the Food and Nutrition Act of 

22 2008, the Secretary may use not more than 

23 $1,000,000 in each of fiscal years 2014 and 2015 to 

24 conduct the study described in subsection (a). 


rfrederick on DSK6VPTVN1PROD with BILLS
340 

•HR 1947 RH

1 (2) PILOT PROGRAM.—Of the funds made avail2 able under section 18(a)(1) of the Food and Nutrition 

3 Act of 2008, for the purposes of establishing and car4 rying out the pilot program established under sub5 section (b) of this section, including the Federal costs 

6 for providing technical assistance to the Common7 wealth, authorizing and monitoring retail food stores, 

8 and assessing pilot operations, the Secretary may use 

9 not more than— 

10 (A) $13,500,000 in fiscal year 2016; and 

11 (B) $8,500,000 in each of fiscal years 2017 

12 and 2018. 

13 SEC. 4032. ANNUAL STATE REPORT ON VERIFICATION OF 

14 SNAP PARTICIPATION. 

15 (a) ANNUAL REPORT.—Not later 1 year after the date 

16 specified by the Secretary in the 180-period beginning on 

17 the date of the enactment of this Act, and annually there18 after, each State agency that carries out the supplemental 

19 nutrition assistance program shall submit to the Secretary 

20 a report containing sufficient information for the Secretary 

21 to determine whether the State agency has, for the then most 

22 recently concluded fiscal year preceding such annual date, 

23 verified that households to which such State agency pro24 vided such assistance in such fiscal year— 


rfrederick on DSK6VPTVN1PROD with BILLS
341 

•HR 1947 RH

1 (1) did not obtain benefits attributable to a de2 ceased individual; 

3 (2) did not include an individual who was si4 multaneously included in a household receiving such 

5 assistance in another State; and 

6 (3) did not include, during the time benefits were 

7 provided, an individual who was then disqualified 

8 from receiving benefits. 

9 (b) PENALTY FOR NONCOMPLIANCE.—For any fiscal 

10 year for which a State agency fails to comply with sub11 section (a), the Secretary shall reduce by 50 percent the 

12 amount otherwise payable to such State agency under sec13 tion 16(a) of the Food and Nutrition Act of 2008 with re14 spect to such fiscal year. 

15 Subtitle B—Commodity Distribution 

16 Programs 

17 SEC. 4101. COMMODITY DISTRIBUTION PROGRAM. 

18 Section 4(a) of the Agriculture and Consumer Protec19 tion Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) 

20 is amended in the 1st sentence by striking ‘‘2012’’ and in21 serting ‘‘2018’’. 

22 SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

23 Section 5 of the Agriculture and Consumer Protection 

24 Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is 

25 amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
342 

•HR 1947 RH

1 (1) in paragraphs (1) and (2)(B) of subsection 

2 (a) by striking ‘‘2012’’ each place it appears and in3 serting ‘‘2018’’; 

4 (2) in the 1st sentence of subsection (d)(2) by 

5 striking ‘‘2012’’ and inserting ‘‘2018’’; 

6 (3) by striking subsection (g) and inserting the 

7 following: 

8 ‘‘(g) ELIGIBILITY.—Except as provided in subsection 

9 (m), the States shall only provide assistance under the com10 modity supplemental food program to low-income individ11 uals aged 60 and older.’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(m) PHASE-OUT.—Notwithstanding any other provi14 sion of law, an individual who receives assistance under 

15 the commodity supplemental food program on the day be16 fore the effective date of this subsection shall continue to 

17 receive that assistance until the date on which the indi18 vidual no longer qualifies for assistance under the eligibility 

19 criteria for the program in effect on the day before the effec20 tive date of this subsection.’’. 

21 SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO 

22 SPECIAL NUTRITION PROJECTS. 

23 Section 1114(a)(2)(A) of the Agriculture and Food Act 

24 of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 1st sen25 tence by striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
343 

•HR 1947 RH

1 SEC. 4104. PROCESSING OF COMMODITIES. 

2 (a) Section 17 of the Commodity Distribution Reform 

3 Act and WIC Amendments of 1987 (7 U.S.C. 612c note) 

4 is amended by— 

5 (1) striking the heading and inserting ‘‘COM6 MODITY DONATIONS AND PROCESSING’’; and 

7 (2) adding at the end the following: 

8 ‘‘(c) PROCESSING.—For any program included in sub9 section (b), the Secretary may, notwithstanding any other 

10 provision of State or Federal law relating to the procure11 ment of goods and services— 

12 ‘‘(1) retain title to commodities delivered to a 

13 processor, on behalf of a State (including a State dis14 tributing agency and a recipient agency), until such 

15 time as end products containing such commodities, or 

16 similar commodities as approved by the Secretary, 

17 are delivered to a State distributing agency or to a 

18 recipient agency; and 

19 ‘‘(2) promulgate regulations to ensure account20 ability for commodities provided to a processor for 

21 processing into end products, and to facilitate proc22 essing of commodities into end products for use by re23 cipient agencies. Such regulations may provide 

24 that— 

25 ‘‘(A) a processor that receives commodities 

26 for processing into end products, or provides a 


rfrederick on DSK6VPTVN1PROD with BILLS
344 

•HR 1947 RH

1 service with respect to such commodities or end 

2 products, in accordance with its agreement with 

3 a State distributing agency or a recipient agen4 cy, provide to the Secretary a bond or other 

5 means of financial assurance to protect the value 

6 of such commodities; and 

7 ‘‘(B) in the event a processor fails to deliver 

8 to a State distributing agency or a recipient 

9 agency an end product in conformance with the 

10 processing agreement entered into under this Act, 

11 the Secretary take action with respect to the 

12 bond or other means of financial assurance pur13 suant to regulations promulgated under this 

14 paragraph and distribute any proceeds obtained 

15 by the Secretary to one or more State distrib16 uting agencies and recipient agencies as deter17 mined appropriate by the Secretary.’’. 

18 (b) DEFINITIONS.—Section 18 of the Commodity Dis19 tribution Reform Act and WIC Amendments of 1987 (7 

20 U.S.C. 612c note) is amended by striking paragraphs (1) 

21 and (2) and inserting the following: 

22 ‘‘(1) The term ‘commodities’ means agricultural 

23 commodities and their products that are donated by 

24 the Secretary for use by recipient agencies. 


rfrederick on DSK6VPTVN1PROD with BILLS
345 

•HR 1947 RH

1 ‘‘(2) The term ‘end product’ means a food prod2 uct that contains processed commodities.’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 Section 3 of the Commodity Distribution Reform Act and 

5 WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 

6 100–237) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2) by striking subpara9 graph (B) and inserting the following: 

10 ‘‘(B) the program established under section 

11 4(b) of the Food and Nutrition Act of 2008 (7 

12 U.S.C. 2013(b));’’; and 

13 (B) in paragraph (3)(D) by striking ‘‘the 

14 Committee on Education and Labor’’ and insert15 ing ‘‘the Committee on Education and the Work16 force’’; 

17 (2) in subsection (b)(1)(A)(ii) by striking ‘‘sec18 tion 32 of the Agricultural Adjustment Act (7 U.S.C. 

19 601 et seq.)’’ and inserting ‘‘section 32 of the Act of 

20 August 24, 1935 (7 U.S.C. 612c)’’; 

21 (3) in subsection (e)(1)(D)(iii) by striking sub22 clause (II) and inserting the following: 

23 ‘‘(II) the program established 

24 under section 4(b) of the Food and NuVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
346 

•HR 1947 RH

1 trition Act of 2008 (7 U.S.C. 

2 2013(b));’’; and 

3 (4) in subsection (k) by striking ‘‘the Committee 

4 on Education and Labor’’ and inserting ‘‘the Com5 mittee on Education and the Workforce’’. 

6 Subtitle C—Miscellaneous 

7 SEC. 4201. FARMERS’ MARKET NUTRITION PROGRAM. 

8 Section 4402 of the Farm Security and Rural Invest9 ment Act of 2002 (7 U.S.C. 3007) is amended— 

10 (1) in the section heading by striking ‘‘SEN11 IORS’’; 

12 (2) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) FUNDING.— 

15 ‘‘(1) IN GENERAL.—Of the funds of the Com16 modity Credit Corporation, the Secretary of Agri17 culture shall use to carry out and expand the farmers 

18 market nutrition program $20,600,000 for each of fis19 cal years 2014 through 2018. 

20 ‘‘(2) ADDITIONAL FUNDING.—There is authorized 

21 to be appropriated such sums as are necessary to 

22 carry out this subsection for each of the fiscal years 

23 specified in paragraph (1).’’; 

24 (3) in subsection (b)— 


rfrederick on DSK6VPTVN1PROD with BILLS
347 

•HR 1947 RH

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

2 by striking ‘‘seniors’’; and 

3 (B) in paragraph (1) by inserting ‘‘, and 

4 low-income families who are determined to be at 

5 nutritional risk’’ after ‘‘low-income seniors’’; 

6 (4) in subsection (c) by striking ‘‘seniors’’; 

7 (5) in subsection (d) by striking ‘‘seniors’’; 

8 (6) in subsection (e) by striking ‘‘seniors’’; 

9 (7) by redesignating subsections (c), (d), (e), and 

10 (f) as subsections (d), (e), (f), and (g), respectively; 

11 and 

12 (8) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) STATE GRANTS AND OTHER ASSISTANCE.—The 

15 Secretary shall carry out the Program through grants and 

16 other assistance provided in accordance with agreements 

17 made with States, for implementation through State agen18 cies and local agencies, that include provisions— 

19 ‘‘(1) for the issuance of coupons or vouchers to 

20 participating individuals; 

21 ‘‘(2) establishing an appropriate annual percent22 age limitation on the use of funds for administrative 

23 costs; and 

24 ‘‘(3) specifying other terms and conditions as the 

25 Secretary deems appropriate to encourage expanding 


rfrederick on DSK6VPTVN1PROD with BILLS
348 

•HR 1947 RH

1 the participation of small scale farmers in Federal 

2 nutrition programs.’’. 

3 SEC. 4202. NUTRITION INFORMATION AND AWARENESS 

4 PILOT PROGRAM. 

5 Section 4403 of the Farm Security and Rural Invest6 ment Act of 2002 (7 U.S.C. 3171 note; Public Law 107– 

7 171) is repealed. 

8 SEC. 4203. FRESH FRUIT AND VEGETABLE PROGRAM. 

9 Section 19 of the Richard B. Russell National School 

10 Lunch Act (42 U.S.C. 1769a) is amended— 

11 (1) in the section heading, by striking ‘‘FRESH’’; 

12 (2) in subsection (a), by striking ‘‘fresh’’; 

13 (3) in subsection (b), by striking ‘‘fresh’’; and 

14 (4) in subsection (e), by striking ‘‘fresh’’. 

15 SEC. 4204. ADDITIONAL AUTHORITY FOR PURCHASE OF 

16 FRESH FRUITS, VEGETABLES, AND OTHER 

17 SPECIALTY FOOD CROPS. 

18 Section 10603 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 612c–4) is amended— 

20 (1) in subsection (b), by striking ‘‘2012’’ and in21 serting ‘‘2018’’; 

22 (2) by redesignating subsection (c) as subsection 

23 (d); and 

24 (3) by inserting after subsection (b) the fol25 lowing: 


rfrederick on DSK6VPTVN1PROD with BILLS
349 

•HR 1947 RH

1 ‘‘(c) PILOT GRANT PROGRAM FOR PURCHASE OF

2 FRESH FRUITS AND VEGETABLES.— 

3 ‘‘(1) IN GENERAL.—Using amounts made avail4 able to carry out subsection (b), the Secretary of Agri5 culture shall conduct a pilot program under which the 

6 Secretary will give not more than five participating 

7 States the option of receiving a grant in an amount 

8 equal to the value of the commodities that the partici9 pating State would otherwise receive under this sec10 tion for each of fiscal years 2014 through 2018. 

11 ‘‘(2) USE OF GRANT FUNDS.—A participating 

12 State receiving a grant under this subsection may use 

13 the grant funds solely to purchase fresh fruits and 

14 vegetables for distribution to schools and service insti15 tutions in the State that participate in the food serv16 ice programs under the Richard B. Russell National 

17 School Lunch Act (42 U.S.C. 1751 et seq.) and the 

18 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 

19 ‘‘(3) SELECTION OF PARTICIPATING STATES.— 

20 The Secretary shall select participating States from 

21 applications submitted by the States. 

22 ‘‘(4) REPORTING REQUIREMENTS.— 

23 ‘‘(A) SCHOOL AND SERVICE INSTITUTION

24 REQUIREMENT.—Schools and service institutions 

25 in a participating State shall keep records of 


rfrederick on DSK6VPTVN1PROD with BILLS
350 

•HR 1947 RH

1 purchases of fresh fruits and vegetables made 

2 using the grant funds and report such records to 

3 the State. 

4 ‘‘(B) STATE REQUIREMENT.—Each partici5 pating State shall submit to the Secretary a re6 port on the success of the pilot program in the 

7 State, including information on— 

8 ‘‘(i) the amount and value of each type 

9 of fresh fruit and vegetable purchased by the 

10 State; and 

11 ‘‘(ii) the benefit provided by such pur12 chases in conducting the school food service 

13 in the State, including meeting school meal 

14 requirements.’’. 

15 SEC. 4205. ENCOURAGING LOCALLY AND REGIONALLY 

16 GROWN AND RAISED FOOD. 

17 (a) COMMODITY PURCHASE STREAMLINING.—The Sec18 retary may permit each school food authority with a low 

19 annual commodity entitlement value, as determined by the 

20 Secretary, to elect to substitute locally and regionally grown 

21 and raised food for the authority’s allotment, in whole or 

22 in part, of commodity assistance for the school meal pro23 grams under the Richard B. Russell National School Lunch 

24 Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act 

25 of 1966 (42 U.S.C. 1771 et seq.), if— 


rfrederick on DSK6VPTVN1PROD with BILLS
351 

•HR 1947 RH

1 (1) the election is requested by the school food 

2 authority; 

3 (2) the Secretary determines that the election 

4 will reduce State and Federal administrative costs; 

5 and 

6 (3) the election will provide the school food au7 thority with greater flexibility to purchase locally and 

8 regionally grown and raised foods. 

9 (b) FARM-TO-SCHOOL DEMONSTRATION PROGRAMS.— 

10 (1) IN GENERAL.—The Secretary may establish 

11 farm-to-school demonstration programs under which 

12 school food authorities, agricultural producers pro13 ducing for local and regional markets, and other 

14 farm-to-school stakeholders will collaborate with the 

15 Agriculture Marketing Service to, on a cost neutral 

16 basis, source food for the school meal programs under 

17 the Richard B. Russell National School Lunch Act 

18 (42 U.S.C. 1751 et seq.) and the Child Nutrition Act 

19 of 1966 (42 U.S.C. 1771 et seq.) from local farmers 

20 and ranchers in lieu of the commodity assistance pro21 vided to the school food authorities for the school meal 

22 programs. 

23 (2) REQUIREMENTS.— 

24 (A) IN GENERAL.—Each demonstration pro25 gram carried out under this subsection shall— 


rfrederick on DSK6VPTVN1PROD with BILLS
352 

•HR 1947 RH

1 (i) facilitate and increase the purchase 

2 of unprocessed and minimally processed lo3 cally and regionally grown and raised agri4 cultural products to be served under the 

5 school meal programs; 

6 (ii) test methods to improve procure7 ment, transportation, and meal preparation 

8 processes for the school meal programs; 

9 (iii) assess whether administrative 

10 costs can be saved through increased school 

11 food authority flexibility to source locally 

12 and regionally produced foods for the school 

13 meal programs; and 

14 (iv) undertake rigorous evaluation and 

15 share information about results of the dem16 onstration program, including cost savings, 

17 with the Secretary, other school food au18 thorities, agricultural producers producing 

19 for the local and regional market, and the 

20 general public. 

21 (B) PLANS.—In order to be selected to carry 

22 out a demonstration program under this sub23 section, a school food authority shall submit to 

24 the Secretary a plan at such time and in such 

25 manner as the Secretary may require, and conVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
353 

•HR 1947 RH

1 taining information with respect to the require2 ments described in clauses (i) through (iv) of 

3 subparagraph (A). 

4 (3) TECHNICAL ASSISTANCE.—The Secretary 

5 shall provide technical assistance to demonstration 

6 program participants to assist such participants to 

7 acquire bids from potential vendors in a timely and 

8 cost-effective manner. 

9 (4) LENGTH.—The Secretary shall determine the 

10 appropriate length of time for each demonstration 

11 program under this subsection. 

12 (5) COORDINATION.—The Secretary shall coordi13 nate among relevant agencies of the Department of 

14 Agriculture and non-governmental organizations with 

15 appropriate expertise to facilitate the provision of 

16 training and technical assistance necessary to success17 fully carry out demonstration programs under this 

18 subsection. 

19 (6) NUMBER.—Subject to the availability of 

20 funds to carry out this subsection, the Secretary shall 

21 select at least 10 demonstration programs to be car22 ried out under this subsection. 

23 (7) DIVERSITY AND BALANCE.—In selecting dem24 onstration programs to be carried out under this subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
354 

•HR 1947 RH

1 section, the Secretary shall, to the maximum extent 

2 practicable, ensure— 

3 (A) geographical diversity; 

4 (B) that at least half of the demonstration 

5 programs are completed in collaboration with 

6 school food authorities with small annual com7 modity entitlements, as determined by the Sec8 retary; 

9 (C) that at least half of the demonstration 

10 programs are completed in rural or tribal com11 munities; 

12 (D) equitable treatment of school food au13 thorities with a high percentage of students eligi14 ble for free or reduced price lunches, as deter15 mined by the Secretary; and 

16 (E) that at least one of the demonstration 

17 programs is completed on a military installation 

18 as defined in section 2687(e)(1) of title 10, 

19 United States Code. 

20 SEC. 4206. REVIEW OF PUBLIC HEALTH BENEFITS OF WHITE 

21 POTATOES. 

22 The Secretary shall conduct a review of the economic 

23 and public health benefits of white potatoes on low-income 

24 families who are determined to be at nutritional risk. Not 

25 later than 1 year after the date of the enactment of this 


rfrederick on DSK6VPTVN1PROD with BILLS
355 

•HR 1947 RH

1 Act, the Secretary shall report the findings of this review 

2 to the Committee on Agriculture of the House of Representa3 tives and the Committee on Agriculture, Nutrition, and 

4 Forestry of the Senate. 

5 SEC. 4207. HEALTHY FOOD FINANCING INITIATIVE. 

6 (a) IN GENERAL.—Subtitle D of title II of the Depart7 ment of Agriculture Reorganization Act of 1994 (7 U.S.C. 

8 6951 et seq.) is amended by adding at the end the following: 

9 ‘‘SEC. 242. HEALTHY FOOD FINANCING INITIATIVE. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to en11 hance the authorities of the Secretary to support efforts to 

12 provide access to healthy food by establishing an initiative 

13 to improve access to healthy foods in underserved areas, to 

14 create and preserve quality jobs, and to revitalize low-in15 come communities by providing loans and grants to eligible 

16 fresh, healthy food retailers to overcome the higher costs and 

17 initial barriers to entry in underserved areas. 

18 ‘‘(b) DEFINITIONS.—In this section: 

19 ‘‘(1) COMMUNITY DEVELOPMENT FINANCIAL IN20 STITUTION.—The term ‘community development fi21 nancial institution’ has the meaning given the term 

22 in section 103 of the Community Development Bank23 ing and Financial Institutions Act of 1994 (12 

24 U.S.C. 4702). 


rfrederick on DSK6VPTVN1PROD with BILLS
356 

•HR 1947 RH

1 ‘‘(2) INITIATIVE.—The term ‘Initiative’ means 

2 the Healthy Food Financing Initiative established 

3 under subsection (c)(1). 

4 ‘‘(3) NATIONAL FUND MANAGER.—The term ‘na5 tional fund manager’ means a community develop6 ment financial institution that is— 

7 ‘‘(A) in existence on the date of enactment 

8 of this section; and 

9 ‘‘(B) certified by the Community Develop10 ment Financial Institution Fund of the Depart11 ment of Treasury to manage the Initiative for 

12 purposes of— 

13 ‘‘(i) raising private capital; 

14 ‘‘(ii) providing financial and technical 

15 assistance to partnerships; and 

16 ‘‘(iii) funding eligible projects to at17 tract fresh, healthy food retailers to under18 served areas, in accordance with this sec19 tion. 

20 ‘‘(4) PARTNERSHIP.—The term ‘partnership’ 

21 means a regional, State, or local public-private part22 nership that— 

23 ‘‘(A) is organized to improve access to fresh, 

24 healthy foods; 


rfrederick on DSK6VPTVN1PROD with BILLS
357 

•HR 1947 RH

1 ‘‘(B) provides financial and technical as2 sistance to eligible projects; and 

3 ‘‘(C) meets such other criteria as the Sec4 retary may establish. 

5 ‘‘(5) PERISHABLE FOOD.—The term ‘perishable 

6 food’ means a staple food that is fresh, refrigerated, 

7 or frozen. 

8 ‘‘(6) QUALITY JOB.—The term ‘quality job’ 

9 means a job that provides wages and other benefits 

10 comparable to, or better than, similar positions in ex11 isting businesses of similar size in similar local 

12 economies. 

13 ‘‘(7) STAPLE FOOD.— 

14 ‘‘(A) IN GENERAL.—The term ‘staple food’ 

15 means food that is a basic dietary item. 

16 ‘‘(B) INCLUSIONS.—The term ‘staple food’ 

17 includes— 

18 ‘‘(i) bread; 

19 ‘‘(ii) flour; 

20 ‘‘(iii) fruits; 

21 ‘‘(iv) vegetables; and 

22 ‘‘(v) meat. 

23 ‘‘(c) INITIATIVE.— 


rfrederick on DSK6VPTVN1PROD with BILLS
358 

•HR 1947 RH

1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish an initiative to achieve the purpose described 

3 in subsection (a) in accordance with this subsection. 

4 ‘‘(2) IMPLEMENTATION.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) IN GENERAL.—In carrying out the 

7 Initiative, the Secretary shall provide fund8 ing to entities with eligible projects, as de9 scribed in subparagraph (B), subject to the 

10 priorities described in subparagraph (C). 

11 ‘‘(ii) USE OF FUNDS.—Funds provided 

12 to an entity pursuant to clause (i) shall be 

13 used— 

14 ‘‘(I) to create revolving loan pools 

15 of capital or other products to provide 

16 loans to finance eligible projects or 

17 partnerships; 

18 ‘‘(II) to provide grants for eligible 

19 projects or partnerships; 

20 ‘‘(III) to provide technical assist21 ance to funded projects and entities 

22 seeking Initiative funding; and 

23 ‘‘(IV) to cover administrative ex24 penses of the national fund manager in 


rfrederick on DSK6VPTVN1PROD with BILLS
359 

•HR 1947 RH

1 an amount not to exceed 10 percent of 

2 the Federal funds provided. 

3 ‘‘(B) ELIGIBLE PROJECTS.—Subject to the 

4 approval of the Secretary, the national fund 

5 manager shall establish eligibility criteria for 

6 projects under the Initiative, which shall include 

7 the existence or planned execution of agree8 ments— 

9 ‘‘(i) to expand or preserve the avail10 ability of staple foods in underserved areas 

11 with moderate- and low-income populations 

12 by maintaining or increasing the number of 

13 retail outlets that offer an assortment of 

14 perishable food and staple food items, as de15 termined by the Secretary, in those areas; 

16 and 

17 ‘‘(ii) to accept benefits under the sup18 plemental nutrition assistance program es19 tablished under the Food and Nutrition Act 

20 of 2008 (7 U.S.C. 2011 et seq.). 

21 ‘‘(C) PRIORITIES.—In carrying out the Ini22 tiative, priority shall be given to projects that— 

23 ‘‘(i) are located in severely distressed 

24 low-income communities, as defined by the 

25 Community Development Financial InstituVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
360 

•HR 1947 RH

1 tions Fund of the Department of Treasury; 

2 and 

3 ‘‘(ii) include 1 or more of the following 

4 characteristics: 

5 ‘‘(I) The project will create or re6 tain quality jobs for low-income resi7 dents in the community. 

8 ‘‘(II) The project supports re9 gional food systems and locally grown 

10 foods, to the maximum extent prac11 ticable. 

12 ‘‘(III) In areas served by public 

13 transit, the project is accessible by pub14 lic transit. 

15 ‘‘(IV) The project involves women16 or minority-owned businesses. 

17 ‘‘(V) The project receives funding 

18 from other sources, including other 

19 Federal agencies. 

20 ‘‘(VI) The project otherwise ad21 vances the purpose of this section, as 

22 determined by the Secretary. 

23 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary to carry out 


rfrederick on DSK6VPTVN1PROD with BILLS
361 

•HR 1947 RH

1 this section $125,000,000, to remain available until ex2 pended.’’. 

3 (b) CONFORMING AMENDMENT.—Section 296(b) of the 

4 Department of Agriculture Reorganization Act of 1994 (7 

5 U.S.C. 7014(b)), as amended by the preceding provisions 

6 of this Act, is further amended, by adding at the end the 

7 following: 

8 ‘‘(9) the authority of the Secretary to establish 

9 and carry out the Health Food Financing Initiative 

10 under section 242;’’. 

11 TITLE V—CREDIT 

12 Subtitle A—Farm Ownership Loans 

13 SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS. 

14 (a) IN GENERAL.—Section 302(a) of the Consolidated 

15 Farm and Rural Development Act (7 U.S.C. 1922(a)) is 

16 amended— 

17 (1) by striking ‘‘(a) IN GENERAL.—The’’ and in18 serting the following: 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

21 (2) in the 1st sentence, by inserting after ‘‘lim22 ited liability companies’’ the following: ‘‘, and such 

23 other legal entities as the Secretary deems appro24 priate,’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
362 

•HR 1947 RH

1 (3) in the 2nd sentence, by redesignating clauses 

2 (1) through (4) as clauses (A) through (D), respec3 tively; 

4 (4) in each of the 2nd and 3rd sentences, by 

5 striking ‘‘and limited liability companies’’ each place 

6 it appears and inserting ‘‘limited liability companies, 

7 and such other legal entities’’; 

8 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

9 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

10 and 

11 (6) by adding at the end the following: 

12 ‘‘(2) SPECIAL DEEMING RULES.— 

13 ‘‘(A) ELIGIBILITY OF CERTAIN OPERATING14 ONLY ENTITIES.—An entity that is or will be15 come only the operator of a family farm is 

16 deemed to meet the owner-operator requirements 

17 of paragraph (1) if the individuals that are the 

18 owners of the family farm own more than 50 

19 percent (or such other percentage as the Sec20 retary determines is appropriate) of the entity. 

21 ‘‘(B) ELIGIBILITY OF CERTAIN EMBEDDED

22 ENTITIES.—An entity that is an owner-operator 

23 described in paragraph (1), or an operator de24 scribed in subparagraph (A) of this paragraph 

25 that is owned, in whole or in part, by other entiVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
363 

•HR 1947 RH

1 ties, is deemed to meet the direct ownership re2 quirement imposed under paragraph (1) if at 

3 least 75 percent of the ownership interests of each 

4 embedded entity of such entity is owned directly 

5 or indirectly by the individuals that own the 

6 family farm.’’. 

7 (b) DIRECT FARM OWNERSHIP EXPERIENCE RE8 QUIREMENT.—Section 302(b)(1) of such Act (7 U.S.C. 

9 1922(b)(1)) is amended by inserting ‘‘or has other accept10 able experience for a period of time, as determined by the 

11 Secretary,’’ after ‘‘3 years’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) Section 304(c)(2) of such Act (7 U.S.C. 

14 1924(c)(2)) by striking ‘‘paragraphs (1) and (2) of 

15 section 302(a)’’ and inserting ‘‘clauses (A) and (B) of 

16 section 302(a)(1)’’. 

17 (2) Section 310D of such Act (7 U.S.C. 1934) is 

18 amended— 

19 (A) by inserting after ‘‘partnership’’ the fol20 lowing: ‘‘, or such other legal entities as the Sec21 retary deems appropriate,’’; and 

22 (B) by striking ‘‘or partners’’ each place it 

23 appears and inserting ‘‘partners, or owners’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
364 

•HR 1947 RH

1 SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE 

2 PROGRAM. 

3 (a) ELIGIBILITY.—Section 304(c) of the Consolidated 

4 Farm and Rural Development Act (7 U.S.C. 1924(c)) is 

5 amended by inserting after ‘‘limited liability companies’’ 

6 the following: ‘‘, or such other legal entities as the Secretary 

7 deems appropriate,’’. 

8 (b) LIMITATION ON LOAN GUARANTEE AMOUNT.—Sec9 tion 304(e) of such Act (7 U.S.C. 1924(e)) is amended by 

10 striking ‘‘75 percent’’ and inserting ‘‘90 percent’’. 

11 (c) EXTENSION OF PROGRAM.—Section 304(h) of such 

12 Act (7 U.S.C. 1924(h)) is amended by striking ‘‘2012’’ and 

13 inserting ‘‘2018’’. 

14 SEC. 5003. DOWN PAYMENT LOAN PROGRAM. 

15 (a) IN GENERAL.—Section 310E(b)(1)(C) of the Con16 solidated Farm and Rural Development Act (7 U.S.C. 

17 1935(b)(1)(C)) is amended by striking ‘‘$500,000’’ and in18 serting ‘‘$667,000’’. 

19 (b) TECHNICAL CORRECTION.—Section 310E(b) of 

20 such Act (7 U.S.C. 1935(b)) is amended by striking the 2nd 

21 paragraph (2). 

22 SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL 

23 REQUIREMENT. 

24 Section 307 of the Consolidated Farm and Rural De25 velopment Act (7 U.S.C. 1927) is amended by striking subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
365 

•HR 1947 RH

1 section (d) and redesignating subsection (e) as subsection 

2 (d). 

3 Subtitle B—Operating Loans 

4 SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS. 

5 Section 311(a) of the Consolidated Farm and Rural 

6 Development Act (7 U.S.C. 1941(a)) is amended— 

7 (1) by striking ‘‘(a) IN GENERAL.—The’’ and in8 serting the following: 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

11 (2) in the 1st sentence, by inserting after ‘‘lim12 ited liability companies’’ the following: ‘‘, and such 

13 other legal entities as the Secretary deems appro14 priate,’’; 

15 (3) in the 2nd sentence, by redesignating clauses 

16 (1) through (4) as clauses (A) through (D), respec17 tively; 

18 (4) in each of the 2nd and 3rd sentences, by 

19 striking ‘‘and limited liability companies’’ each place 

20 it appears and inserting ‘‘limited liability companies, 

21 and such other legal entities’’; 

22 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

23 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

24 and 

25 (6) by adding at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
366 

•HR 1947 RH

1 ‘‘(2) SPECIAL DEEMING RULE.—An entity that is 

2 an operator described in paragraph (1) that is owned, 

3 in whole or in part, by other entities, is deemed to 

4 meet the direct ownership requirement imposed under 

5 paragraph (1) if at least 75 percent of the ownership 

6 interests of each embedded entity of such entity is 

7 owned directly or indirectly by the individuals that 

8 own the family farm.’’. 

9 SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIRE10 MENT FOR OPERATING LOANS TO YOUTH. 

11 Section 311(b)(1) of the Consolidated Farm and Rural 

12 Development Act (7 U.S.C. 1941(b)(1)) is amended by strik13 ing ‘‘who are rural residents’’. 

14 SEC. 5103. AUTHORITY TO WAIVE PERSONAL LIABILITY FOR 

15 YOUTH LOANS DUE TO CIRCUMSTANCES BE16 YOND BORROWER CONTROL. 

17 Section 311(b) of the Consolidated Farm and Rural 

18 Development Act (7 U.S.C. 1941(b)) is amended by adding 

19 at the end the following: 

20 ‘‘(5) The Secretary may, on a case by case basis, waive 

21 the personal liability of a borrower for a loan made under 

22 this subsection if any default on the loan was due to cir23 cumstances beyond the control of the borrower.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
367 

•HR 1947 RH

1 SEC. 5104. MICROLOANS. 

2 (a) IN GENERAL.—Section 313 of the Consolidated 

3 Farm and Rural Development Act (7 U.S.C. 1943) is 

4 amended by adding at the end the following: 

5 ‘‘(c) MICROLOANS.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

7 Secretary may establish a program to make or guar8 antee microloans. 

9 ‘‘(2) LIMITATION.—The Secretary shall not make 

10 or guarantee a microloan under this subsection that 

11 exceeds $35,000 or that would cause the total prin12 cipal indebtedness outstanding at any 1 time for 

13 microloans made under this chapter to any 1 bor14 rower to exceed $70,000. 

15 ‘‘(3) APPLICATIONS.—To the maximum extent 

16 practicable, the Secretary shall limit the administra17 tive burdens and streamline the application and ap18 proval process for microloans under this subsection. 

19 ‘‘(4) COOPERATIVE LENDING PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary may contract with com22 munity-based and nongovernmental organiza23 tions, State entities, or other intermediaries, as 

24 the Secretary determines appropriate— 

25 ‘‘(i) to make or guarantee a microloan 

26 under this subsection; and 


rfrederick on DSK6VPTVN1PROD with BILLS
368 

•HR 1947 RH

1 ‘‘(ii) to provide business, financial, 

2 marketing, and credit management services 

3 to borrowers. 

4 ‘‘(B) REQUIREMENTS.—Before contracting 

5 with an entity described in subparagraph (A), 

6 the Secretary— 

7 ‘‘(i) shall review and approve— 

8 ‘‘(I) the loan loss reserve fund for 

9 microloans established by the entity; 

10 and 

11 ‘‘(II) the underwriting standards 

12 for microloans of the entity; and 

13 ‘‘(ii) establish such other requirements 

14 for contracting with the entity as the Sec15 retary determines necessary.’’. 

16 (b) EXCEPTIONS FOR DIRECT LOANS.—Section 

17 311(c)(2) of such Act (7 U.S.C. 1941(c)(2)) is amended to 

18 read as follows: 

19 ‘‘(2) EXCEPTIONS.—In this subsection, the term 

20 ‘direct operating loan’ shall not include— 

21 ‘‘(A) a loan made to a youth under sub22 section (b); or 

23 ‘‘(B) a microloan made to a beginning 

24 farmer or rancher or a veteran farmer or ranch25 er (as defined in section 2501(e) of the Food, AgVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
369 

•HR 1947 RH

1 riculture, Conservation, and Trade Act of 1990 

2 (7 U.S.C. 2279(e)).’’. 

3 (c) Section 312(a) of such Act (7 U.S.C. 1942(a)) is 

4 amended by inserting ‘‘(including a microloan, as defined 

5 by the Secretary)’’ after ‘‘A direct loan’’. 

6 (d) Section 316(a)(2) of such Act (7 U.S.C. 1946(a)(2)) 

7 is amended by inserting ‘‘a microloan to a beginning farm8 er or rancher or veteran farmer or rancher (as defined in 

9 section 2501(e) of the Food, Agriculture, Conservation, and 

10 Trade Act of 1990 (7 U.S.C. 2279(e)) or’’ after ‘‘The interest 

11 rate on’’. 

12 Subtitle C—Emergency Loans 

13 SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS. 

14 Section 321(a) of the Consolidated Farm and Rural 

15 Development Act (7 U.S.C. 1961(a)) is amended— 

16 (1) by striking ‘‘owner-operators (in the case of 

17 loans for a purpose under subtitle A) or operators (in 

18 the case of loans for a purpose under subtitle B)’’ each 

19 place it appears and inserting ‘‘(in the case of farm 

20 ownership loans in accordance with subtitle A) 

21 owner-operators or operators, or (in the case of loans 

22 for a purpose under subtitle B) operators’’; 

23 (2) by inserting after ‘‘limited liability compa24 nies’’ the 1st place it appears the following: ‘‘, or such 


rfrederick on DSK6VPTVN1PROD with BILLS
370 

•HR 1947 RH

1 other legal entities as the Secretary deems appro2 priate’’; and 

3 (3) by inserting after ‘‘limited liability compa4 nies’’ the 2nd place it appears the following: ‘‘, or 

5 other legal entities’’; 

6 (4) by striking ‘‘and limited liability compa7 nies,’’ and inserting ‘‘limited liability companies, and 

8 such other legal entities’’; 

9 (5) by striking ‘‘ownership and operator’’ and 

10 inserting ‘‘ownership or operator’’; and 

11 (6) by adding at the end the following: ‘‘An enti12 ty that is an owner-operator or operator described in 

13 this subsection is deemed to meet the direct ownership 

14 requirement imposed under this subsection if at least 

15 75 percent of the ownership interests of each embedded 

16 entity of such entity is owned directly or indirectly 

17 by the individuals that own the family farm.’’. 

18 Subtitle D—Administrative 

19 Provisions 

20 SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL 

21 DEVELOPMENT ACCOUNTS PILOT PROGRAM. 

22 Section 333B(h) of the Consolidated Farm and Rural 

23 Development Act (7 U.S.C. 1983b(h)) is amended by strik24 ing ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
371 

•HR 1947 RH

1 SEC. 5302. ELIGIBLE BEGINNING FARMERS AND RANCHERS. 

2 (a) CONFORMING AMENDMENTS RELATING TO

3 CHANGES IN ELIGIBILITY RULES.—Section 343(a)(11) of 

4 such Act (7 U.S.C. 1991(a)(11)) is amended— 

5 (1) by inserting after ‘‘joint operation,’’ the 1st 

6 place it appears the following: ‘‘or such other legal en7 tity as the Secretary deems appropriate,’’; 

8 (2) by striking ‘‘or joint operators’’ each place it 

9 appears and inserting ‘‘joint operators, or owners’’; 

10 and 

11 (3) by inserting after ‘‘joint operation,’’ the 2nd 

12 and 3rd place it appears the following: ‘‘or such other 

13 legal entity,’’. 

14 (b) MODIFICATION OF ACREAGE OWNERSHIP LIMITA15 TION.—Section 343(a)(11)(F) of such Act (7 U.S.C. 

16 1991(a)(11)(F)) is amended by striking ‘‘median acreage’’ 

17 and inserting ‘‘average acreage’’. 

18 SEC. 5303. LOAN AUTHORIZATION LEVELS. 

19 Section 346(b)(1) of the Consolidated Farm and Rural 

20 Development Act (7 U.S.C. 1994(b)(1)) is amended in the 

21 matter preceding subparagraph (A) by striking ‘‘2012’’ and 

22 inserting ‘‘2018’’. 

23 SEC. 5304. PRIORITY FOR PARTICIPATION LOANS. 

24 Section 346(b)(2)(A)(i) of the Consolidated Farm and 

25 Rural Development Act (7 U.S.C. 1994(b)(2)(A)(i)) is 

26 amended by adding at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
372 

•HR 1947 RH

1 ‘‘(III) PRIORITY.—In order to 

2 maximize the number of borrowers 

3 served under this clause, the Sec4 retary— 

5 ‘‘(aa) shall give priority to 

6 applicants who apply under the 

7 down payment loan program 

8 under section 310E or joint fi9 nancing arrangements under sec10 tion 307(a)(3)(D); and 

11 ‘‘(bb) may offer other financ12 ing options under this subtitle to 

13 applicants only if the Secretary 

14 determines that down payment or 

15 other participation loan options 

16 are not a viable approach for the 

17 applicants.’’. 

18 SEC. 5305. LOAN FUND SET-ASIDES. 

19 Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm 

20 and Rural Development Act (7 U.S.C. 

21 1994(b)(2)(A)(ii)(III)) is amended— 

22 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

23 and 

24 (2) by striking ‘‘of the total amount’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
373 

•HR 1947 RH

1 SEC. 5306. CONFORMING AMENDMENT TO BORROWER 

2 TRAINING PROVISION, RELATING TO ELIGI3 BILITY CHANGES. 

4 Section 359(c)(2) of the Consolidated Farm and Rural 

5 Development Act (7 U.S.C. 2006a(c)(2)) is amended by 

6 striking ‘‘section 302(a)(2) or 311(a)(2)’’ and inserting 

7 ‘‘section 302(a)(1)(B) or 311(a)(1)(B)’’. 

8 Subtitle E—State Agricultural 

9 Mediation Programs 

10 SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS. 

11 Section 506 of the Agricultural Credit Act of 1987 (7 

12 U.S.C. 5106) is amended by striking ‘‘2015’’ and inserting 

13 ‘‘2018’’. 

14 Subtitle F—Loans to Purchasers of 

15 Highly Fractionated Land 

16 SEC. 5501. LOANS TO PURCHASERS OF HIGHLY 

17 FRACTIONATED LAND. 

18 The first section of Public Law 91–229 (25 U.S.C. 488) 

19 is amended in subsection (b)(1) by striking ‘‘pursuant to 

20 section 205(c) of the Indian Land Consolidation Act (25 

21 U.S.C. 2204(c))’’ and inserting ‘‘or to intermediaries in 

22 order to establish revolving loan funds for the purchase of 

23 highly fractionated land’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
374 

•HR 1947 RH

1 TITLE VI—RURAL DEVELOPMENT 

2 Subtitle A—Consolidated Farm and 

3 Rural Development Act 

4 SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FA5 CILITY GRANTS. 

6 Section 306(a)(2)(B)(vii) of the Consolidated Farm 

7 and Rural Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) 

8 is amended by striking ‘‘2008 through 2012’’ and inserting 

9 ‘‘2014 through 2018’’. 

10 SEC. 6002. RURAL BUSINESS OPPORTUNITY GRANTS. 

11 Section 306(a)(11)(D) of the Consolidated Farm and 

12 Rural Development Act (7 U.S.C. 1926(a)(11)(D)) is 

13 amended by striking ‘‘$15,000,000 for each of fiscal years 

14 2008 through 2012’’ and inserting ‘‘$15,000,000 for each 

15 of fiscal years 2014 through 2018’’. 

16 SEC. 6003. ELIMINATION OF RESERVATION OF COMMUNITY 

17 FACILITIES GRANT PROGRAM FUNDS. 

18 Section 306(a)(19) of the Consolidated Farm and 

19 Rural Development Act (7 U.S.C. 1926(a)(19)) is amended 

20 by striking subparagraph (C). 

21 SEC. 6004. UTILIZATION OF LOAN GUARANTEES FOR COM22 MUNITY FACILITIES. 

23 Section 306(a)(24) of the Consolidated Farm and 

24 Rural Development Act (7 U.S.C. 1926(a)(24)) is amended 

25 by adding at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
375 

•HR 1947 RH

1 ‘‘(C) UTILIZATION OF LOAN GUARANTEES

2 FOR COMMUNITY FACILITIES.—The Secretary 

3 shall consider the benefits to communities that 

4 result from using loan guarantees in the Com5 munity Facilities Program and to the maximum 

6 extent possible utilize guarantees to enhance com7 munity involvement.’’. 

8 SEC. 6005. RURAL WATER AND WASTEWATER CIRCUIT 

9 RIDER PROGRAM. 

10 Section 306(a)(22) of the Consolidated Farm and 

11 Rural Development Act (7 U.S.C. 1926(a)(22)) is amended 

12 to read as follows: 

13 ‘‘(22) RURAL WATER AND WASTEWATER CIRCUIT

14 RIDER PROGRAM.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 continue a national rural water and wastewater 

17 circuit rider program that— 

18 ‘‘(i) is consistent with the activities 

19 and results of the program conducted before 

20 the date of enactment of this paragraph, as 

21 determined by the Secretary; and 

22 ‘‘(ii) receives funding from the Sec23 retary, acting through the Rural Utilities 

24 Service. 


rfrederick on DSK6VPTVN1PROD with BILLS
376 

•HR 1947 RH

1 ‘‘(B) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this paragraph $20,000,000 for fis4 cal year 2014 and each fiscal year thereafter.’’. 

5 SEC. 6006. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL 

6 COMMUNITY FACILITIES. 

7 Section 306(a)(25)(C) of the Consolidated Farm and 

8 Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is 

9 amended by striking ‘‘$10,000,000 for each of fiscal years 

10 2008 through 2012’’ and inserting ‘‘$5,000,000 for each of 

11 fiscal years 2014 through 2018’’. 

12 SEC. 6007. ESSENTIAL COMMUNITY FACILITIES TECHNICAL 

13 ASSISTANCE AND TRAINING. 

14 Section 306(a) of the Consolidated Farm and Rural 

15 Development Act (7 U.S.C. 1926(a)(19)) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(26) ESSENTIAL COMMUNITY FACILITIES TECH18 NICAL ASSISTANCE AND TRAINING.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 make grants to public bodies and private non21 profit corporations, such as States, counties, cit22 ies, townships, and incorporated towns and vil23 lages, boroughs, authorities, districts and Indian 

24 tribes on Federal and State reservations which 

25 will serve rural areas for the purpose of enabling 


rfrederick on DSK6VPTVN1PROD with BILLS
377 

•HR 1947 RH

1 them to provide to associations described in this 

2 subsection technical assistance and training, 

3 with respect to essential community facilities 

4 programs authorized under this subsection, to— 

5 ‘‘(i) assist communities in identifying 

6 and planning for community facility needs; 

7 ‘‘(ii) identify public and private re8 sources to finance community facilities 

9 needs; 

10 ‘‘(iii) prepare reports and surveys nec11 essary to request financial assistance to de12 velop community facilities; 

13 ‘‘(iv) prepare applications for finan14 cial assistance; 

15 ‘‘(v) improve the management, includ16 ing financial management, related to the 

17 operation of community facilities; or 

18 ‘‘(vi) assist with other areas of need 

19 identified by the Secretary. 

20 ‘‘(B) SELECTION PRIORITY.—In selecting 

21 recipients of grants under this paragraph, the 

22 Secretary shall give priority to private, non23 profit, or public organizations that have experi24 ence in providing technical assistance and train25 ing to rural entities. 


rfrederick on DSK6VPTVN1PROD with BILLS
378 

•HR 1947 RH

1 ‘‘(C) FUNDING.—Not less than 3 nor more 

2 than 5 percent of any funds appropriated to 

3 carry out each of the essential community facili4 ties grant, loan and loan guarantee programs as 

5 authorized under this subsection for any fiscal 

6 year shall be reserved for grants under this para7 graph.’’. 

8 SEC. 6008. EMERGENCY AND IMMINENT COMMUNITY WATER 

9 ASSISTANCE GRANT PROGRAM. 

10 Section 306A(i)(2) of the Consolidated Farm and 

11 Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended 

12 by striking ‘‘$35,000,000 for each of fiscal years 2008 

13 through 2012’’ and inserting ‘‘$27,000,000 for each of fiscal 

14 years 2014 through 2018’’. 

15 SEC. 6009. HOUSEHOLD WATER WELL SYSTEMS. 

16 Section 306E(d) of the Consolidated Farm and Rural 

17 Development Act (7 U.S.C. 1926e(d)) is amended by strik18 ing ‘‘$10,000,000 for each of fiscal years 2008 through 

19 2012’’ and inserting ‘‘$5,000,000 for each of fiscal years 

20 2014 through 2018’’. 

21 SEC. 6010. RURAL BUSINESS AND INDUSTRY LOAN PRO22 GRAM. 

23 (a) FLEXIBILITY FOR THE BUSINESS AND LOAN PRO24 GRAM.—Section 310B(a)(2)(A) of the Consolidated Farm 

25 and Rural Development Act (7 U.S.C. 1932(a)(2)(A)) is 


rfrederick on DSK6VPTVN1PROD with BILLS
379 

•HR 1947 RH

1 amended by inserting ‘‘including working capital’’ after 

2 ‘‘employment’’. 

3 (b) GREATER FLEXIBILITY FOR ADEQUATE COLLAT4 ERAL THROUGH ACCOUNTS RECEIVABLE.—Section 

5 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is amended 

6 by adding at the end the following: ‘‘In the discretion of 

7 the Secretary, if the Secretary determines that the action 

8 would not create or otherwise contribute to an unreasonable 

9 risk of default or loss to the Federal Government, the Sec10 retary may take account receivables as security for the obli11 gations entered into in connection with loans and a bor12 rower may use account receivables as collateral to secure 

13 a loan made or guaranteed under this subsection.’’. 

14 (c) REGULATIONS.—Not later than 6 months after the 

15 date of the enactment of this Act, the Secretary shall pro16 mulgate such regulations as are necessary to implement the 

17 amendments made by this section. 

18 SEC. 6011. RURAL COOPERATIVE DEVELOPMENT GRANTS. 

19 Section 310B(e)(12) of the Consolidated Farm and 

20 Rural Development Act (7 U.S.C. 1932(e)(12)) is amended 

21 by striking ‘‘$50,000,000 for each of fiscal years 2008 

22 through 2012’’ and inserting ‘‘$40,000,000 for each of fiscal 

23 years 2014 through 2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
380 

•HR 1947 RH

1 SEC. 6012. LOCALLY OR REGIONALLY PRODUCED AGRICUL2 TURAL FOOD PRODUCTS. 

3 Section 310B(g)(9)(B)(v)(I) of the Consolidated Farm 

4 and Rural Development Act (7 U.S.C. 1932(g)(9)(B)(v)(I)) 

5 is amended— 

6 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

7 and 

8 (2) by inserting ‘‘and not more than 7 percent’’ 

9 after ‘‘5 percent’’. 

10 SEC. 6013. INTERMEDIARY RELENDING PROGRAM. 

11 (a) IN GENERAL.—Subtitle A of the Consolidated 

12 Farm and Rural Development Act (7 U.S.C. 1922–1936a) 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 310H. INTERMEDIARY RELENDING PROGRAM. 

15 ‘‘(a) IN GENERAL.—The Secretary shall make loans to 

16 the entities, for the purposes, and subject to the terms and 

17 conditions specified in the 1st, 2nd, and last sentences of 

18 section 623(a) of the Community Economic Development 

19 Act of 1981 (42 U.S.C. 9812(a)). 

20 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIA21 TIONS.—For loans under subsection (a), there are author22 ized to be appropriated to the Secretary not more than 

23 $10,000,000 for each of fiscal years 2014 through 2018.’’. 

24 (b) CONFORMING AMENDMENTS.—Section 1323(b)(2) 

25 of the Food Security Act of 1985 (Public Law 99–198; 7 

26 U.S.C. 1932 note) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
381 

•HR 1947 RH

1 (1) in subparagraph (A), by adding ‘‘and’’ at the 

2 end; 

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

4 and inserting a period; and 

5 (3) by striking subparagraph (C). 

6 SEC. 6014. RURAL COLLEGE COORDINATED STRATEGY. 

7 Section 331 of the Consolidated Farm and Rural De8 velopment Act (7 U.S.C. 1981) is amended by adding at 

9 the end the following: 

10 ‘‘(d) RURAL COLLEGE COORDINATED STRATEGY.—The 

11 Secretary shall develop a coordinated strategy across the 

12 relevant programs within the Rural Development mission 

13 areas to serve the specific, local needs of rural communities 

14 when making investments in rural community colleges and 

15 technical colleges through other current authorities. During 

16 the development of a coordinated strategy, the Secretary 

17 shall consult with groups representing rural-serving com18 munity colleges and technical colleges to coordinate critical 

19 investments in rural community colleges and technical col20 leges involved in workforce training. Nothing in this sub21 section shall be construed to provide a priority for funding 

22 within current authorities. The Secretary shall use the co23 ordinated strategy and information developed for the strat24 egy to more effectively serve rural communities with respect 


rfrederick on DSK6VPTVN1PROD with BILLS
382 

•HR 1947 RH

1 to investments in community colleges and technical col2 leges.’’. 

3 SEC. 6015. RURAL WATER AND WASTE DISPOSAL INFRA4 STRUCTURE. 

5 Section 333 of the Consolidated Farm and Rural De6 velopment Act (7 U.S.C. 1983) is amended— 

7 (1) by striking ‘‘require’’; 

8 (2) in paragraph (1), by inserting ‘‘require’’ 

9 after ‘‘(1)’’; 

10 (3) in paragraph (2), by inserting ‘‘, require’’ 

11 after ‘‘314’’; 

12 (4) in paragraph (3), by inserting ‘‘require’’ 

13 after ‘‘loans,’’; 

14 (5) in paragraph (4)— 

15 (A) by inserting ‘‘require’’ after ‘‘(4)’’; and 

16 (B) by striking ‘‘and’’ after the semicolon; 

17 (6) in paragraph (5)— 

18 (A) by inserting ‘‘require’’ after ‘‘(5)’’; and 

19 (B) by striking the period at the end and 

20 inserting ‘‘; and’’; and 

21 (7) by adding at the end the following: 

22 ‘‘(6) with respect to water and waste disposal di23 rect and guaranteed loans provided under section 306, 

24 encourage, to the maximum extent practicable, priVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
383 

•HR 1947 RH

1 vate or cooperative lenders to finance rural water and 

2 waste disposal facilities by— 

3 ‘‘(A) maximizing the use of loan guarantees 

4 to finance eligible projects in rural communities 

5 where the population exceeds 5,500; 

6 ‘‘(B) maximizing the use of direct loans to 

7 finance eligible projects in rural communities 

8 where the impact on rate payers will be material 

9 when compared to financing with a loan guar10 antee; 

11 ‘‘(C) establishing and applying a materi12 ality standard when determining the difference 

13 in impact on rate payers between a direct loan 

14 and a loan guarantee; 

15 ‘‘(D) in the case of projects that require in16 terim financing in excess of $500,000, requiring 

17 that such projects initially seek such financing 

18 from private or cooperative lenders; and 

19 ‘‘(E) determining if an existing direct loan 

20 borrower can refinance with a private or cooper21 ative lender, including with a loan guarantee, 

22 prior to providing a new direct loan.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
384 

•HR 1947 RH

1 SEC. 6016. SIMPLIFIED APPLICATIONS. 

2 (a) IN GENERAL.—Section 333A of the Consolidated 

3 Farm and Rural Development Act (7 U.S.C. 1983a) is 

4 amended by adding at the end the following: 

5 ‘‘(h) SIMPLIFIED APPLICATION FORMS.—Except as 

6 provided in subsection (g)(2) of this section, the Secretary 

7 shall, to the maximum extent practicable, develop a sim8 plified application process, including a single page applica9 tion where possible, for grants and relending authorized 

10 under sections 306, 306C, 306D, 306E, 310B(b), 310B(c), 

11 310B(e), 310B(f), 310H, 379B, and 379E.’’. 

12 (b) REPORT TO THE CONGRESS.—Within 2 years after 

13 the date of the enactment of this Act, the Secretary shall 

14 submit to the Committee on Agriculture of the House of 

15 Representatives and the Committee on Agriculture, Nutri16 tion, and Forestry of the Senate a written report that con17 tains an evaluation of the implementation of the amend18 ment made by subsection (a). 

19 SEC. 6017. GRANTS FOR NOAA WEATHER RADIO TRANSMIT20 TERS. 

21 Section 379B(d) of the Consolidated Farm and Rural 

22 Development Act (7 U.S.C. 2008p(d)) is amended to read 

23 as follows: 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 

26 $1,000,000 for each of fiscal years 2014 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
385 

•HR 1947 RH

1 SEC. 6018. RURAL MICROENTREPRENEUR ASSISTANCE PRO2 GRAM. 

3 Section 379E(d)(2) of the Consolidated Farm and 

4 Rural Development Act (7 U.S.C. 2008s(d)(2)) is amended 

5 by striking ‘‘$40,000,000 for each of fiscal years 2009 

6 through 2012’’ and inserting ‘‘$20,000,000 for each of fiscal 

7 years 2014 through 2018’’. 

8 SEC. 6019. DELTA REGIONAL AUTHORITY. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 382M(a) of the Consolidated Farm and Rural Development 

11 Act (7 U.S.C. 2009aa–12(a)) is amended by striking 

12 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

13 and inserting ‘‘$12,000,000 for each of fiscal years 2014 

14 through 2018’’. 

15 (b) TERMINATION OF AUTHORITY.—Section 382N of 

16 such Act (7 U.S.C. 2009aa–13) is amended by striking 

17 ‘‘2012’’ and inserting ‘‘2018’’. 

18 SEC. 6020. NORTHERN GREAT PLAINS REGIONAL AUTHOR19 ITY. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 383N(a) of the Consolidated Farm and Rural Development 

22 Act (7 U.S.C. 2009bb–12(a)) is amended by striking 

23 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

24 and inserting ‘‘$2,000,000 for each of fiscal years 2014 

25 through 2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
386 

•HR 1947 RH

1 (b) TERMINATION OF AUTHORITY.—Section 383O of 

2 such Act (7 U.S.C. 2009bb–13) is amended by striking 

3 ‘‘2012’’ and inserting ‘‘2018’’. 

4 SEC. 6021. RURAL BUSINESS INVESTMENT PROGRAM. 

5 Section 384S of the Consolidated Farm and Rural De6 velopment Act (7 U.S.C. 2009cc–18) is amended by striking 

7 ‘‘$50,000,000 for the period of fiscal years 2008 through 

8 2012’’ and inserting ‘‘$20,000,000 for each of fiscal years 

9 2014 through 2018’’. 

10 Subtitle B—Rural Electrification 

11 Act of 1936 

12 SEC. 6101. RELENDING FOR CERTAIN PURPOSES. 

13 (a) IN GENERAL.—The Rural Electrification Act of 

14 1936 (7 U.S.C. 901 et seq.) is amended— 

15 (1) in section 2(a), by inserting ‘‘(including re16 lending for this purpose as provided in section 4)’’ 

17 after ‘‘efficiency’’; 

18 (2) in section 4(a), by inserting ‘‘(including re19 lending to ultimate consumers for this purpose by 

20 borrowers enumerated in the proviso in this section)’’ 

21 after ‘‘efficiency’’; and 

22 (3) in section 313(b)(2)(B)— 

23 (A) by inserting ‘‘(acting through the Rural 

24 Utilities Service)’’ after ‘‘Secretary’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
387 

•HR 1947 RH

1 (B) by inserting ‘‘energy efficiency (includ2 ing relending to ultimate consumers for this pur3 pose),’’ after ‘‘promoting’’. 

4 (b) CURRENT AUTHORITY.—The authority provided in 

5 this section is in addition to any other relending authority 

6 of the Secretary under the Rural Electrification Act of 1936 

7 (7 U.S.C. 901 et. seq.) or any other law. 

8 (c) ADMINISTRATION.—The Secretary (acting through 

9 the Rural Utilities Service) shall continue to carry out sec10 tion 313 of the Rural Electrification Act of 1936 (7 U.S.C. 

11 940c) in the same manner as on the day before enactment 

12 of this Act until such time as any regulations necessary 

13 to carry out the amendments made by this section are fully 

14 implemented. 

15 SEC. 6102. FEES FOR CERTAIN LOAN GUARANTEES. 

16 The Rural Electrification Act of 1936 (7 U.S.C. 901 

17 et seq.) is amended by inserting after section 4 the following: 

18 ‘‘SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES. 

19 ‘‘(a) IN GENERAL.—For electrification baseload gen20 eration loan guarantees, the Secretary shall, at the request 

21 of the borrower, charge an upfront fee to cover the costs of 

22 the loan guarantee. 

23 ‘‘(b) FEE.—The fee described in subsection (a) for a 

24 loan guarantee shall be equal to the costs of the loan guarVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
388 

•HR 1947 RH

1 antee (within the meaning of section 502(5)(C) of the Fed2 eral Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C))). 

3 ‘‘(c) LIMITATION.—Funds received from a borrower to 

4 pay the fee described in this section shall not be derived 

5 from a loan or other debt obligation that is made or guaran6 teed by the Federal Government.’’. 

7 SEC. 6103. GUARANTEES FOR BONDS AND NOTES ISSUED 

8 FOR ELECTRIFICATION OR TELEPHONE PUR9 POSES. 

10 Section 313A(f) of the Rural Electrification Act of 

11 1936 (7 U.S.C. 940c–1(f)) is amended by striking ‘‘2012’’ 

12 and inserting ‘‘2018’’. 

13 SEC. 6104. EXPANSION OF 911 ACCESS. 

14 Section 315(d) of the Rural Electrification Act of 1936 

15 (7 U.S.C. 940e(d)) is amended by striking ‘‘2012’’ and in16 serting ‘‘2018’’. 

17 SEC. 6105. ACCESS TO BROADBAND TELECOMMUNICATIONS 

18 SERVICES IN RURAL AREAS. 

19 Section 601 of the Rural Electrification Act of 1936 

20 (7 U.S.C. 950bb) is amended— 

21 (1) in subsection (c), by striking paragraph (2) 

22 and inserting the following: 

23 ‘‘(2) PRIORITIES.—In making or guaranteeing 

24 loans under paragraph (1), the Secretary shall give— 


rfrederick on DSK6VPTVN1PROD with BILLS
389 

•HR 1947 RH

1 ‘‘(A) the highest priority to applicants that 

2 offer to provide broadband service to the greatest 

3 proportion of households that, prior to the provi4 sion of the broadband service, had no incumbent 

5 service provider; and 

6 ‘‘(B) priority to applicants that offer in 

7 their applications to provide broadband service 

8 not predominantly for business service, but where 

9 at least 25 percent of customers in the proposed 

10 service territory are commercial interests.’’; 

11 (2) in subsection (d)— 

12 (A) in paragraph (5)— 

13 (i) by striking ‘‘and’’ at the end of sub14 paragraph (B); 

15 (ii) by striking the period at the end of 

16 subparagraph (C) and inserting a semi17 colon; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(D) the amount and type of support re21 quested; and 

22 ‘‘(E) a list of the census block groups or 

23 tracts proposed to be so served.’’; and 

24 (B) by adding at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
390 

•HR 1947 RH

1 ‘‘(8) ADDITIONAL PROCESS.—The Secretary shall 

2 establish a process under which an incumbent service 

3 provider which, as of the date of the publication of 

4 notice under paragraph (5) with respect to an appli5 cation submitted by the provider, is providing 

6 broadband service to a remote rural area, may (but 

7 shall not be required to) submit to the Secretary, not 

8 less than 15 and not more than 30 days after that 

9 date, information regarding the broadband services 

10 that the provider offers in the proposed service terri11 tory, so that the Secretary may assess whether the ap12 plication meets the requirements of this section with 

13 respect to eligible projects.’’; 

14 (3) in subsection (e), by adding at the end the 

15 following: 

16 ‘‘(3) REQUIREMENT.—In considering the tech17 nology needs of customers in a proposed service terri18 tory, the Secretary shall take into consideration the 

19 upgrade or replacement cost for the construction or 

20 acquisition of facilities and equipment in the terri21 tory.’’; and 

22 (4) in each of subsections (k)(1) and (l), by strik23 ing ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
391 

•HR 1947 RH

1 Subtitle C—Miscellaneous 

2 SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 2335A of the Food, Agriculture, Conservation, and Trade 

5 Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking 

6 ‘‘$100,000,000 for each of fiscal years 1996 through 2012’’ 

7 and inserting ‘‘$65,000,000 for each of fiscal years 2014 

8 through 2018’’. 

9 (b) CONFORMING AMENDMENT.—Section 1(b) of Public 

10 Law 102–551 (7 U.S.C. 950aaa note) is amended by strik11 ing ‘‘2012’’ and inserting ‘‘2018’’. 

12 SEC. 6202. VALUE-ADDED AGRICULTURAL MARKET DEVEL13 OPMENT PROGRAM GRANTS. 

14 Section 231(b)(7) of the Agricultural Risk Protection 

15 Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended— 

16 (1) in subparagraph (A)— 

17 (A) by striking ‘‘2008’’ and inserting 

18 ‘‘2013’’; and 

19 (B) by striking ‘‘$15,000,000’’ and inserting 

20 ‘‘$50,000,000’’; and 

21 (2) in subparagraph (B), by striking ‘‘2012’’ and 

22 inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
392 

•HR 1947 RH

1 SEC. 6203. AGRICULTURE INNOVATION CENTER DEM2 ONSTRATION PROGRAM. 

3 Section 6402(i) of the Farm Security and Rural In4 vestment Act of 2002 (7 U.S.C. 1632b(i)) is amended by 

5 striking ‘‘$6,000,000 for each of fiscal years 2008 through 

6 2012’’ and inserting ‘‘$1,000,000 for each of fiscal years 

7 2014 through 2018’’. 

8 SEC. 6204. PROGRAM METRICS. 

9 (a) IN GENERAL.—The Secretary of Agriculture shall 

10 collect data regarding economic activities created through 

11 grants and loans, including any technical assistance pro12 vided as a component of the grant or loan program, and 

13 measure the short and long term viability of award recipi14 ents and any entities to whom those recipients provide as15 sistance using award funds under section 231 of the Agri16 cultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; 

17 Public Law 106–224), section 9007 of the Farm Security 

18 and Rural Investment Act of 2002 (7 U.S.C. 8107), section 

19 313(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 

20 940c(b)(2)), or section 306(a)(11), 310B(c), 310B(e), 

21 310B(g), 310H, or 379E, or subtitle E, of the Consolidated 

22 Farm and Rural Development Act (7 U.S.C. 1926(a)(11), 

23 1932(c), 1932(e), 1932(g), 2008s, or 2009 through 2009m). 

24 (b) DATA.—The data collected under subsection (a) 

25 shall include information collected from recipients both dur26 ing the award period and after the period as determined 


rfrederick on DSK6VPTVN1PROD with BILLS
393 

•HR 1947 RH

1 by the Secretary, but not less than 2 years after the award 

2 period ends. 

3 (c) REPORT.—Not later than 4 years after the date of 

4 enactment of this Act, and every 2 years thereafter, the Sec5 retary shall submit to the Committee on Agriculture of the 

6 House of Representatives and the Committee on Agri7 culture, Nutrition, and Forestry of the Senate a report that 

8 contains the data described in subsection (a). The report 

9 shall include detailed information regarding— 

10 (1) actions taken by the Secretary to utilize the 

11 data; 

12 (2) the number of jobs, including self-employ13 ment and the value of salaries and wages; 

14 (3) how the provision of funds from the grant or 

15 loan involved affected the local economy; 

16 (4) any benefit, such as an increase in revenue 

17 or customer base; and 

18 (5) such other information as the Secretary 

19 deems appropriate. 

20 SEC. 6205. STUDY OF RURAL TRANSPORTATION ISSUES. 

21 (a) IN GENERAL.—The Secretary of Agriculture and 

22 the Secretary of Transportation shall publish an updated 

23 version of the study described in section 6206 of the Food, 

24 Conservation, and Energy Act of 2008 (as amended by sub25 section (b)). 


rfrederick on DSK6VPTVN1PROD with BILLS
394 

•HR 1947 RH

1 (b) ADDITION TO STUDY.—Section 6206(b) of the 

2 Food, Conservation, and Energy Act of 2008 (Public Law 

3 110–246; 122 Stat. 1971) is amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (4), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new para9 graph: 

10 ‘‘(5) the sufficiency of infrastructure along wa11 terways in the United States and the impact of such 

12 infrastructure on the movement of agricultural goods 

13 in terms of safety, efficiency and speed, as well as the 

14 benefits derived through upgrades and repairs to locks 

15 and dams.’’. 

16 (c) REPORT TO CONGRESS.—Not later than 1 year 

17 after the date of enactment of this Act, the Secretary of Ag18 riculture and the Secretary of Transportation shall submit 

19 to the Congress the updated version of the study required 

20 by subsection (a). 

21 SEC. 6206. CERTAIN FEDERAL ACTIONS NOT TO BE CONSID22 ERED MAJOR. 

23 In the case of a loan, loan guarantee, or grant program 

24 in the rural development mission area of the Department 

25 of Agriculture, an action of the Secretary before, on, or after 


rfrederick on DSK6VPTVN1PROD with BILLS
395 

•HR 1947 RH

1 the date of enactment of this Act that does not involve the 

2 provision by the Department of Agriculture of Federal dol3 lars or a Federal loan guarantee, including— 

4 (1) the approval by the Department of Agri5 culture of the decision of a borrower to commence a 

6 privately funded activity; 

7 (2) a lien accommodation or subordination; 

8 (3) a debt settlement or restructuring; or 

9 (4) the restructuring of a business entity by a 

10 borrower, 

11 shall not be considered a major Federal action. 

12 TITLE VII—RESEARCH, EXTEN13 SION, AND RELATED MAT14 TERS 

15 Subtitle A—National Agricultural 

16 Research, Extension, and Teach17 ing Policy Act of 1977 

18 SEC. 7101. OPTION TO BE INCLUDED AS NON-LAND-GRANT 

19 COLLEGE OF AGRICULTURE. 

20 Section 1404 of the National Agricultural Research, 

21 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

22 3103) is amended— 

23 (1) by striking paragraph (5) and inserting the 

24 following new paragraph: 

25 ‘‘(5) COOPERATING FORESTRY SCHOOL.— 


rfrederick on DSK6VPTVN1PROD with BILLS
396 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—The term ‘cooperating 

2 forestry school’ means an institution— 

3 ‘‘(i) that is eligible to receive funds 

4 under the Act of October 10, 1962 (16 

5 U.S.C. 582a et seq.), commonly known as 

6 the McIntire-Stennis Act of 1962; and 

7 ‘‘(ii) with respect to which the Sec8 retary has not received a declaration of the 

9 intent of that institution to not be consid10 ered a cooperating forestry school. 

11 ‘‘(B) TERMINATION OF DECLARATION.—A 

12 declaration of the intent of an institution to not 

13 be considered a cooperating forestry school sub14 mitted to the Secretary shall be in effect until 

15 September 30, 2018.’’; and 

16 (2) in paragraph (10)— 

17 (A) in subparagraph (A)— 

18 (i) in the matter preceding clause (i), 

19 by striking ‘‘that’’; 

20 (ii) in clause (i)— 

21 (I) by inserting ‘‘that’’ before 

22 ‘‘qualify’’; and 

23 (II) by striking ‘‘and’’ at the end; 

24 (iii) in clause (ii)— 


rfrederick on DSK6VPTVN1PROD with BILLS
397 

•HR 1947 RH

1 (I) by inserting ‘‘that’’ before 

2 ‘‘offer’’; and 

3 (II) by striking the period at the 

4 end and inserting ‘‘; and’’; and 

5 (iv) by adding at the end the following 

6 new clause: 

7 ‘‘(iii) with respect to which the Sec8 retary has not received a statement of the 

9 declaration of the intent of a college or uni10 versity to not be considered a Hispanic11 serving agricultural college or university.’’; 

12 and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(C) TERMINATION OF DECLARATION OF IN16 TENT.—A declaration of the intent of a college or 

17 university to not be considered a Hispanic-serv18 ing agricultural college or university submitted 

19 to the Secretary shall be in effect until September 

20 30, 2018.’’. 

21 SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTEN22 SION, EDUCATION, AND ECONOMICS ADVI23 SORY BOARD. 

24 (a) EXTENSION OF TERMINATION DATE.—Section 

25 1408(h) of the National Agricultural Research, Extension, 


rfrederick on DSK6VPTVN1PROD with BILLS
398 

•HR 1947 RH

1 and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is 

2 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

3 (b) DUTIES OF NATIONAL AGRICULTURAL RESEARCH, 

4 EXTENSION, EDUCATION, AND ECONOMICS ADVISORY

5 BOARD.—Section 1408(c) of the National Agricultural Re6 search, Extension, and Teaching Policy Act of 1977 (7 

7 U.S.C. 3123(c)) is amended— 

8 (1) in paragraph (3), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (4)(C), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new para13 graph: 

14 ‘‘(5) consult with industry groups on agricul15 tural research, extension, education, and economics, 

16 and make recommendations to the Secretary based on 

17 that consultation.’’. 

18 SEC. 7103. SPECIALTY CROP COMMITTEE. 

19 Section 1408A(c) of the National Agricultural Re20 search, Extension, and Teaching Policy Act of 1977 (7 

21 U.S.C. 3123a(c)) is amended— 

22 (1) in paragraph (1), by striking ‘‘Measures’’ 

23 and inserting ‘‘Programs’’; 

24 (2) by striking paragraph (2); 


rfrederick on DSK6VPTVN1PROD with BILLS
399 

•HR 1947 RH

1 (3) by redesignating paragraphs (3), (4), and (5) 

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

3 (4) in paragraph (2) (as so redesignated)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘Programs that would’’ and in6 serting ‘‘Research, extension, and teaching pro7 grams designed to improve competitiveness in the 

8 specialty crop industry, including programs that 

9 would’’; 

10 (B) in subparagraph (D), by inserting ‘‘, 

11 including improving the quality and taste of 

12 processed specialty crops’’ before the semicolon; 

13 and 

14 (C) in subparagraph (G), by inserting ‘‘the 

15 remote sensing and the’’ before ‘‘mechanization’’. 

16 SEC. 7104. VETERINARY SERVICES GRANT PROGRAM. 

17 The National Agricultural Research, Extension, and 

18 Teaching Policy Act of 1977 is amended by inserting after 

19 section 1415A (7 U.S.C. 3151a) the following new section: 

20 ‘‘SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) QUALIFIED ENTITY.—The term ‘qualified 

23 entity’ means— 

24 ‘‘(A) a for-profit or nonprofit entity located 

25 in the United States that, or an individual who, 


rfrederick on DSK6VPTVN1PROD with BILLS
400 

•HR 1947 RH

1 operates a veterinary clinic providing veterinary 

2 services— 

3 ‘‘(i) in a rural area, as defined in sec4 tion 343(a) of the Consolidated Farm and 

5 Rural Development Act (7 U.S.C. 1991(a)); 

6 and 

7 ‘‘(ii) in a veterinarian shortage situa8 tion; 

9 ‘‘(B) a State, national, allied, or regional 

10 veterinary organization or specialty board recog11 nized by the American Veterinary Medical Asso12 ciation; 

13 ‘‘(C) a college or school of veterinary medi14 cine accredited by the American Veterinary Med15 ical Association; 

16 ‘‘(D) a university research foundation or 

17 veterinary medical foundation; 

18 ‘‘(E) a department of veterinary science or 

19 department of comparative medicine accredited 

20 by the Department of Education; 

21 ‘‘(F) a State agricultural experiment sta22 tion; or 

23 ‘‘(G) a State, local, or tribal government 

24 agency. 


rfrederick on DSK6VPTVN1PROD with BILLS
401 

•HR 1947 RH

1 ‘‘(2) VETERINARIAN SHORTAGE SITUATION.—The 

2 term ‘veterinarian shortage situation’ means a veteri3 narian shortage situation as determined by the Sec4 retary under section 1415A. 

5 ‘‘(b) ESTABLISHMENT.— 

6 ‘‘(1) COMPETITIVE GRANTS.—The Secretary shall 

7 carry out a program to make competitive grants to 

8 qualified entities that carry out programs or activi9 ties described in paragraph (2) for the purpose of de10 veloping, implementing, and sustaining veterinary 

11 services. 

12 ‘‘(2) ELIGIBILITY REQUIREMENTS.—A qualified 

13 entity shall be eligible to receive a grant described in 

14 paragraph (1) if the entity carries out programs or 

15 activities that the Secretary determines will— 

16 ‘‘(A) substantially relieve veterinarian 

17 shortage situations; 

18 ‘‘(B) support or facilitate private veterinary 

19 practices engaged in public health activities; or 

20 ‘‘(C) support or facilitate the practices of 

21 veterinarians who are providing or have com22 pleted providing services under an agreement en23 tered into with the Secretary under section 

24 1415A(a)(2). 

25 ‘‘(c) AWARD PROCESSES AND PREFERENCES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
402 

•HR 1947 RH

1 ‘‘(1) APPLICATION, EVALUATION, AND INPUT

2 PROCESSES.—In administering the grant program es3 tablished under this section, the Secretary shall— 

4 ‘‘(A) use an appropriate application and 

5 evaluation process, as determined by the Sec6 retary; and 

7 ‘‘(B) seek the input of interested persons. 

8 ‘‘(2) COORDINATION PREFERENCE.—In selecting 

9 recipients of grants to be used for any of the purposes 

10 described in subsection (d)(1), the Secretary shall give 

11 a preference to qualified entities that provide docu12 mentation of coordination with other qualified enti13 ties, with respect to any such purpose. 

14 ‘‘(3) CONSIDERATION OF AVAILABLE FUNDS.—In 

15 selecting recipients of grants to be used for any of the 

16 purposes described in subsection (d), the Secretary 

17 shall take into consideration the amount of funds 

18 available for grants and the purposes for which the 

19 grant funds will be used. 

20 ‘‘(4) NATURE OF GRANTS.—A grant awarded 

21 under this section shall be considered to be a competi22 tive research, extension, or education grant. 

23 ‘‘(d) USE OF GRANTS TO RELIEVE VETERINARIAN

24 SHORTAGE SITUATIONS AND SUPPORT VETERINARY SERV25 ICES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
403 

•HR 1947 RH

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a qualified entity may use funds provided 

3 by a grant awarded under this section to relieve vet4 erinarian shortage situations and support veterinary 

5 services for any of the following purposes: 

6 ‘‘(A) To promote recruitment (including for 

7 programs in secondary schools), placement, and 

8 retention of veterinarians, veterinary techni9 cians, students of veterinary medicine, and stu10 dents of veterinary technology. 

11 ‘‘(B) To allow veterinary students, veteri12 nary interns, externs, fellows, and residents, and 

13 veterinary technician students to cover expenses 

14 (other than the types of expenses described in sec15 tion 1415A(c)(5)) to attend training programs 

16 in food safety or food animal medicine. 

17 ‘‘(C) To establish or expand accredited vet18 erinary education programs (including faculty 

19 recruitment and retention), veterinary residency 

20 and fellowship programs, or veterinary intern21 ship and externship programs carried out in co22 ordination with accredited colleges of veterinary 

23 medicine. 

24 ‘‘(D) To provide continuing education and 

25 extension, including veterinary telemedicine and 


rfrederick on DSK6VPTVN1PROD with BILLS
404 

•HR 1947 RH

1 other distance-based education, for veterinarians, 

2 veterinary technicians, and other health profes3 sionals needed to strengthen veterinary programs 

4 and enhance food safety. 

5 ‘‘(E) To provide technical assistance for the 

6 preparation of applications submitted to the Sec7 retary for designation as a veterinarian shortage 

8 situation under this section or section 1415A. 

9 ‘‘(2) QUALIFIED ENTITIES OPERATING VETERI10 NARY CLINICS.—A qualified entity described in sub11 section (a)(1)(A) may only use funds provided by a 

12 grant awarded under this section to establish or ex13 pand veterinary practices, including— 

14 ‘‘(A) equipping veterinary offices; 

15 ‘‘(B) sharing in the reasonable overhead 

16 costs of such veterinary practices, as determined 

17 by the Secretary; or 

18 ‘‘(C) establishing mobile veterinary facilities 

19 in which a portion of the facilities will address 

20 education or extension needs. 

21 ‘‘(e) SPECIAL REQUIREMENTS FOR CERTAIN

22 GRANTS.— 

23 ‘‘(1) TERMS OF SERVICE REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—Funds provided 

25 through a grant made under this section to a 


rfrederick on DSK6VPTVN1PROD with BILLS
405 

•HR 1947 RH

1 qualified entity described in subsection (a)(1)(A) 

2 and used by such entity under subsection (d)(2) 

3 shall be subject to an agreement between the Sec4 retary and such entity that includes a required 

5 term of service for such entity (including a 

6 qualified entity operating as an individual), as 

7 prospectively established by the Secretary. 

8 ‘‘(B) CONSIDERATIONS.—In establishing a 

9 term of service under subparagraph (A), the Sec10 retary shall consider only— 

11 ‘‘(i) the amount of the grant awarded; 

12 and 

13 ‘‘(ii) the specific purpose of the grant. 

14 ‘‘(2) BREACH REMEDIES.— 

15 ‘‘(A) IN GENERAL.—An agreement under 

16 paragraph (1) shall provide remedies for any 

17 breach of the agreement by the qualified entity 

18 referred to in paragraph (1)(A), including re19 payment or partial repayment of the grant 

20 funds, with interest. 

21 ‘‘(B) WAIVER.—The Secretary may grant a 

22 waiver of the repayment obligation for breach of 

23 contract if the Secretary determines that such 

24 qualified entity demonstrates extreme hardship 

25 or extreme need. 


rfrederick on DSK6VPTVN1PROD with BILLS
406 

•HR 1947 RH

1 ‘‘(C) TREATMENT OF AMOUNTS RECOV2 ERED.—Funds recovered under this paragraph 

3 shall— 

4 ‘‘(i) be credited to the account avail5 able to carry out this section; and 

6 ‘‘(ii) remain available until expended 

7 without further appropriation. 

8 ‘‘(f) PROHIBITION ON USE OF GRANT FUNDS FOR CON9 STRUCTION.—Except as provided in subsection (d)(2), 

10 funds made available for grants under this section may not 

11 be used— 

12 ‘‘(1) to construct a new building or facility; or 

13 ‘‘(2) to acquire, expand, remodel, or alter an ex14 isting building or facility, including site grading and 

15 improvement and architect fees. 

16 ‘‘(g) REGULATIONS.—Not later than 1 year after the 

17 date of the enactment of this section, the Secretary shall 

18 promulgate regulations to carry out this section. 

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary to carry 

21 out this section $10,000,000 for fiscal year 2014 and each 

22 fiscal year thereafter, to remain available until expended.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
407 

•HR 1947 RH

1 SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AG2 RICULTURE SCIENCES EDUCATION. 

3 Section 1417(m) of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3152(m)) is amended by striking ‘‘section 

6 $60,000,000’’ and all that follows and inserting the fol7 lowing: ‘‘section— 

8 ‘‘(1) $60,000,000 for each of fiscal years 1990 

9 through 2013; and 

10 ‘‘(2) $40,000,000 for each of fiscal years 2014 

11 through 2018.’’. 

12 SEC. 7106. POLICY RESEARCH CENTERS. 

13 Section 1419A of the National Agricultural Research, 

14 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

15 3155) is amended— 

16 (1) in the section heading, by inserting ‘‘AGRI17 CULTURAL AND FOOD’’ before ‘‘POLICY’’; 

18 (2) in subsection (a), in the matter preceding 

19 paragraph (1)— 

20 (A) by striking ‘‘Secretary may’’ and in21 serting ‘‘Secretary shall, acting through the Of22 fice of the Chief Economist,’’; 

23 (B) by striking ‘‘make grants, competitive 

24 grants, and special research grants to, and enter 

25 into cooperative agreements and other con26 tracting instruments with,’’ and inserting ‘‘make 


rfrederick on DSK6VPTVN1PROD with BILLS
408 

•HR 1947 RH

1 competitive grants to, or enter into cooperative 

2 agreements with,’’; and 

3 (C) by inserting ‘‘with a history of pro4 viding unbiased, nonpartisan economic analysis 

5 to Congress’’ after ‘‘subsection (b)’’; 

6 (3) in subsection (b), by striking ‘‘other research 

7 institutions’’ and all that follows through ‘‘shall be el8 igible’’ and inserting ‘‘and other public research insti9 tutions and organizations shall be eligible’’; 

10 (4) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e), respectively; 

12 (5) by inserting after subsection (b), the fol13 lowing new subsection: 

14 ‘‘(c) PREFERENCE.—In awarding grants under this 

15 section, the Secretary shall give a preference to policy re16 search centers that have extensive databases, models, and 

17 demonstrated experience in providing Congress with agri18 cultural market projections, rural development analysis, ag19 ricultural policy analysis, and baseline projections at the 

20 farm, multiregional, national, and international levels.’’; 

21 and 

22 (6) by striking subsection (e) (as redesignated by 

23 paragraph (4)) and inserting the following new sub24 section: 


rfrederick on DSK6VPTVN1PROD with BILLS
409 

•HR 1947 RH

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section— 

3 ‘‘(1) such sums as are necessary for each of fiscal 

4 years 1996 through 2013; and 

5 ‘‘(2) $5,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 SEC. 7107. REPEAL OF HUMAN NUTRITION INTERVENTION 

8 AND HEALTH PROMOTION RESEARCH PRO9 GRAM. 

10 Effective October 1, 2013, section 1424 of the National 

11 Agricultural Research, Extension, and Teaching Policy Act 

12 of 1977 (7 U.S.C. 3174) is repealed. 

13 SEC. 7108. REPEAL OF PILOT RESEARCH PROGRAM TO COM14 BINE MEDICAL AND AGRICULTURAL RE15 SEARCH. 

16 Effective October 1, 2013, section 1424A of the Na17 tional Agricultural Research, Extension, and Teaching Pol18 icy Act of 1977 (7 U.S.C. 3174a) is repealed. 

19 SEC. 7109. NUTRITION EDUCATION PROGRAM. 

20 Section 1425(f) of the National Agricultural Research, 

21 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

22 3175(f)) is amended by striking ‘‘2012’’ and inserting 

23 ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
410 

•HR 1947 RH

1 SEC. 7110. CONTINUING ANIMAL HEALTH AND DISEASE RE2 SEARCH PROGRAMS. 

3 Section 1433 of the National Agricultural Research, 

4 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

5 3195) is amended by striking the section designation and 

6 heading and all that follows through subsection (a) and in7 serting the following: 

8 ‘‘SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL 

9 HEALTH AND DISEASE RESEARCH PRO10 GRAMS. 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) IN GENERAL.—There are authorized to be 

13 appropriated to support continuing animal health 

14 and disease research programs at eligible institu15 tions— 

16 ‘‘(A) $25,000,000 for each of fiscal years 

17 1991 through 2013; and 

18 ‘‘(B) $15,000,000 for each of fiscal years 

19 2014 through 2018. 

20 ‘‘(2) USE OF FUNDS.—Funds made available 

21 under this section shall be used— 

22 ‘‘(A) to meet the expenses of conducting ani23 mal health and disease research, publishing and 

24 disseminating the results of such research, and 

25 contributing to the retirement of employees sub26 ject to the Act of March 4, 1940 (7 U.S.C. 331); 


rfrederick on DSK6VPTVN1PROD with BILLS
411 

•HR 1947 RH

1 ‘‘(B) for administrative planning and di2 rection; and 

3 ‘‘(C) to purchase equipment and supplies 

4 necessary for conducting the research described 

5 in subparagraph (A).’’. 

6 SEC. 7111. REPEAL OF APPROPRIATIONS FOR RESEARCH 

7 ON NATIONAL OR REGIONAL PROBLEMS. 

8 (a) REPEAL.—Effective October 1, 2013, section 1434 

9 of the National Agricultural Research, Extension, and 

10 Teaching Policy Act of 1977 (7 U.S.C. 3196) is repealed. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) MATCHING FUNDS.—Section 1438 of the Na13 tional Agricultural Research, Extension, and Teach14 ing Policy Act of 1977 (7 U.S.C. 3200) is amended 

15 in the first sentence by striking ‘‘, exclusive of the 

16 funds provided for research on specific national or re17 gional animal health and disease problems under the 

18 provisions of section 1434 of this title,’’. 

19 (2) AUTHORIZATION OF APPROPRIATIONS FOR

20 EXISTING AND CERTAIN NEW AGRICULTURAL RE21 SEARCH PROGRAMS.—Section 1463(c) of the National 

22 Agricultural Research, Extension, and Teaching Pol23 icy Act of 1977 (7 U.S.C. 3311(c)) is amended by 

24 striking ‘‘sections 1433 and 1434’’ and inserting ‘‘sec25 tion 1433’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
412 

•HR 1947 RH

1 SEC. 7112. GRANTS TO UPGRADE AGRICULTURAL AND FOOD 

2 SCIENCES FACILITIES AT 1890 LAND-GRANT 

3 COLLEGES, INCLUDING TUSKEGEE UNIVER4 SITY. 

5 Section 1447(b) of the National Agricultural Research, 

6 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

7 3222b(b)) is amended by striking ‘‘2012’’ and inserting 

8 ‘‘2018’’. 

9 SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD 

10 SCIENCE FACILITIES AND EQUIPMENT AT IN11 SULAR AREA LAND-GRANT INSTITUTIONS. 

12 (a) SUPPORTING TROPICAL AND SUBTROPICAL AGRI13 CULTURAL RESEARCH.— 

14 (1) IN GENERAL.—Section 1447B(a) of the Na15 tional Agricultural Research, Extension, and Teach16 ing Policy Act of 1977 (7 U.S.C. 3222b–2(a)) is 

17 amended to read as follows: 

18 ‘‘(a) PURPOSE.—It is the intent of Congress to assist 

19 the land-grant colleges and universities in the insular areas 

20 in efforts to— 

21 ‘‘(1) acquire, alter, or repair facilities or rel22 evant equipment necessary for conducting agricul23 tural research; and 

24 ‘‘(2) support tropical and subtropical agricul25 tural research, including pest and disease research.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
413 

•HR 1947 RH

1 (2) CONFORMING AMENDMENT.—Section 1447B 

2 of the National Agricultural Research, Extension, and 

3 Teaching Policy Act of 1977 (7 U.S.C. 3222b–2) is 

4 amended in the heading— 

5 (A) by inserting ‘‘AND SUPPORT TROP6 ICAL AND SUBTROPICAL AGRICULTURAL

7 RESEARCH’’ after ‘‘EQUIPMENT’’; and 

8 (B) by striking ‘‘INSTITUTIONS’’ and in9 serting ‘‘COLLEGES AND UNIVERSITIES’’. 

10 (b) EXTENSION.—Section 1447B(d) of the National 

11 Agricultural Research, Extension, and Teaching Policy Act 

12 of 1977 (7 U.S.C. 3222b–2(d)) is amended by striking 

13 ‘‘2012’’ and inserting ‘‘2018’’. 

14 SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAINING 

15 VIRTUAL CENTERS. 

16 Effective October 1, 2013, section 1448 of the National 

17 Agricultural Research, Extension, and Teaching Policy Act 

18 of 1977 (7 U.S.C. 3222c) is repealed. 

19 SEC. 7115. HISPANIC-SERVING INSTITUTIONS. 

20 Section 1455(c) of the National Agricultural Research, 

21 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

22 3241(c)) is amended by striking ‘‘2012’’ and inserting 

23 ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
414 

•HR 1947 RH

1 SEC. 7116. COMPETITIVE GRANTS PROGRAM FOR HISPANIC 

2 AGRICULTURAL WORKERS AND YOUTH. 

3 Section 1456(e)(1) of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3243(e)(1)) is amended to read as follows: 

6 ‘‘(1) IN GENERAL.—The Secretary shall establish 

7 a competitive grants program— 

8 ‘‘(A) to fund fundamental and applied re9 search and extension at Hispanic-serving agri10 cultural colleges and universities in agriculture, 

11 human nutrition, food science, bioenergy, and 

12 environmental science; and 

13 ‘‘(B) to award competitive grants to His14 panic-serving agricultural colleges and univer15 sities to provide for training in the food and ag16 ricultural sciences of Hispanic agricultural 

17 workers and Hispanic youth working in the food 

18 and agricultural sciences.’’. 

19 SEC. 7117. COMPETITIVE GRANTS FOR INTERNATIONAL AG20 RICULTURAL SCIENCE AND EDUCATION PRO21 GRAMS. 

22 Section 1459A(c) of the National Agricultural Re23 search, Extension, and Teaching Policy Act of 1977 (7 

24 U.S.C. 3292b(c)) is amended to read as follows: 

25 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

26 authorized to be appropriated to carry out this section— 


rfrederick on DSK6VPTVN1PROD with BILLS
415 

•HR 1947 RH

1 ‘‘(1) such sums as are necessary for each of fiscal 

2 years 1999 through 2013; and 

3 ‘‘(2) $5,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 SEC. 7118. REPEAL OF RESEARCH EQUIPMENT GRANTS. 

6 Effective October 1, 2013, section 1462A of the Na7 tional Agricultural Research, Extension, and Teaching Pol8 icy Act of 1977 (7 U.S.C. 3310a) is repealed. 

9 SEC. 7119. UNIVERSITY RESEARCH. 

10 Section 1463 of the National Agricultural Research, 

11 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

12 3311) is amended in both of subsections (a) and (b) by 

13 striking ‘‘2012’’ and inserting ‘‘2018’’. 

14 SEC. 7120. EXTENSION SERVICE. 

15 Section 1464 of the National Agricultural Research, 

16 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

17 3312) is amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

18 SEC. 7121. AUDITING, REPORTING, BOOKKEEPING, AND AD19 MINISTRATIVE REQUIREMENTS. 

20 Section 1469 of the National Agricultural Research, 

21 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

22 3315) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (2), by adding ‘‘and’’ at 

25 the end; 


rfrederick on DSK6VPTVN1PROD with BILLS
416 

•HR 1947 RH

1 (B) by striking paragraph (3); and 

2 (C) by redesignating paragraph (4) as 

3 paragraph (3); 

4 (2) by redesignating subsections (b), (c), and (d) 

5 as subsections (d), (e), and (f), respectively; and 

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

7 new subsections: 

8 ‘‘(b) ADMINISTRATIVE EXPENSES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) and notwithstanding any other provision of 

11 law, the Secretary may retain not more than 4 per12 cent of amounts made available for agricultural re13 search, extension, and teaching assistance programs 

14 for the administration of those programs authorized 

15 under this Act or any other Act. 

16 ‘‘(2) EXCEPTIONS.—The limitation on adminis17 trative expenses under paragraph (1) shall not apply 

18 to peer panel expenses under subsection (d) or any 

19 other provision of law related to the administration 

20 of agricultural research, extension, and teaching as21 sistance programs that contains a limitation on ad22 ministrative expenses that is less than the limitation 

23 under paragraph (1). 

24 ‘‘(c) AGREEMENTS WITH NON-FEDERAL ENTITIES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
417 

•HR 1947 RH

1 ‘‘(1) FORMER AGRICULTURAL RESEARCH FACILI2 TIES OF THE DEPARTMENT.—To the maximum extent 

3 practicable, the Secretary, for purposes of supporting 

4 ongoing research and information dissemination ac5 tivities, including supporting research and those ac6 tivities through co-locating scientists and other tech7 nical personnel, sharing of laboratory and field equip8 ment, and providing financial support, shall enter 

9 into grants, contracts, cooperative agreements, or 

10 other legal instruments with former Department of 

11 Agriculture agricultural research facilities. 

12 ‘‘(2) AGREEMENTS WITH AGRICULTURAL RE13 SEARCH ORGANIZATIONS.—The Secretary, for pur14 poses of receiving from a non-Federal agricultural re15 search organization support for agricultural research, 

16 including staffing, laboratory and field equipment, or 

17 direct financial assistance, may enter into grants, 

18 contracts, cooperative agreements, or other legal in19 struments with a non-Federal agricultural research 

20 organization, the operation of which is consistent 

21 with the research mission and programs of an agri22 cultural research facility of the Department of Agri23 culture.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
418 

•HR 1947 RH

1 SEC. 7122. SUPPLEMENTAL AND ALTERNATIVE CROPS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS AND TERMI3 NATION.—Section 1473D of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3319d) is amended— 

6 (1) in subsection (a), by striking ‘‘2012’’ and in7 serting ‘‘2018’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(e) There are authorized to be appropriated to carry 

11 out this section— 

12 ‘‘(1) such sums as are necessary for fiscal year 

13 2013; and 

14 ‘‘(2) $1,000,000 for each of fiscal years 2014 

15 through 2018.’’. 

16 (b) COMPETITIVE GRANTS.—Section 1473D(c)(1) of 

17 the National Agricultural Research, Extension, and Teach18 ing Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is amended 

19 by striking ‘‘use such research funding, special or competi20 tive grants, or other means, as the Secretary determines,’’ 

21 and inserting ‘‘make competitive grants’’. 

22 SEC. 7123. CAPACITY BUILDING GRANTS FOR NLGCA INSTI23 TUTIONS. 

24 Section 1473F(b) of the National Agricultural Re25 search, Extension, and Teaching Policy Act of 1977 (7 


rfrederick on DSK6VPTVN1PROD with BILLS
419 

•HR 1947 RH

1 U.S.C. 3319i(b)) is amended by striking ‘‘2012’’ and insert2 ing ‘‘2018’’. 

3 SEC. 7124. AQUACULTURE ASSISTANCE PROGRAMS. 

4 (a) COMPETITIVE GRANTS.—Section 1475(b) of the 

5 National Agricultural Research, Extension, and Teaching 

6 Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the 

7 matter preceding paragraph (1), by inserting ‘‘competitive’’ 

8 before ‘‘grants’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 1477 of the National Agricultural Research, Extension, and 

11 Teaching Policy Act of 1977 (7 U.S.C. 3324) is amended 

12 to read as follows: 

13 ‘‘SEC. 1477. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) IN GENERAL.—There are authorized to be appro15 priated to carry out this subtitle— 

16 ‘‘(1) $7,500,000 for each of fiscal years 1991 

17 through 2013; and 

18 ‘‘(2) $5,000,000 for each of fiscal years 2014 

19 through 2018. 

20 ‘‘(b) PROHIBITION ON USE.—Funds made available 

21 under this section may not be used to acquire or construct 

22 a building.’’. 

23 SEC. 7125. RANGELAND RESEARCH PROGRAMS. 

24 Section 1483(a) of the National Agricultural Research, 

25 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
420 

•HR 1947 RH

1 3336(a)) is amended by striking ‘‘subtitle’’ and all that fol2 lows and inserting the following: ‘‘subtitle— 

3 ‘‘(1) $10,000,000 for each of fiscal years 1991 

4 through 2013; and 

5 ‘‘(2) $2,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 SEC. 7126. SPECIAL AUTHORIZATION FOR BIOSECURITY 

8 PLANNING AND RESPONSE. 

9 Section 1484(a) of the National Agricultural Research, 

10 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

11 3351(a)) is amended by striking ‘‘response such sums as 

12 are necessary’’ and all that follows and inserting the fol13 lowing: ‘‘response— 

14 ‘‘(1) such sums as are necessary for each of fiscal 

15 years 2002 through 2013; and 

16 ‘‘(2) $10,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 7127. DISTANCE EDUCATION AND RESIDENT INSTRUC19 TION GRANTS PROGRAM FOR INSULAR AREA 

20 INSTITUTIONS OF HIGHER EDUCATION. 

21 (a) DISTANCE EDUCATION GRANTS FOR INSULAR

22 AREAS.— 

23 (1) COMPETITIVE GRANTS.—Section 1490(a) of 

24 the National Agricultural Research, Extension, and 


rfrederick on DSK6VPTVN1PROD with BILLS
421 

•HR 1947 RH

1 Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is 

2 amended by striking ‘‘or noncompetitive’’. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec4 tion 1490(f) of the National Agricultural Research, 

5 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

6 3362(f)) is amended by striking ‘‘section’’ and all that 

7 follows and inserting the following: ‘‘section— 

8 ‘‘(1) such sums as are necessary for each of fiscal 

9 years 2002 through 2013; and 

10 ‘‘(2) $2,000,000 for each of fiscal years 2014 

11 through 2018.’’. 

12 (b) RESIDENT INSTRUCTION GRANTS FOR INSULAR

13 AREAS.—Section 1491(c) of the National Agricultural Re14 search, Extension, and Teaching Policy Act of 1977 (7 

15 U.S.C. 3363(c)) is amended by striking ‘‘such sums as are 

16 necessary’’ and all that follows and inserting the following: 

17 ‘‘to carry out this section— 

18 ‘‘(1) such sums as are necessary for each of fiscal 

19 years 2002 through 2013; and 

20 ‘‘(2) $2,000,000 for each of fiscal years 2014 

21 through 2018.’’. 

22 SEC. 7128. MATCHING FUNDS REQUIREMENT. 

23 (a) IN GENERAL.—The National Agricultural Re24 search, Extension, and Teaching Policy Act of 1977 (7 


rfrederick on DSK6VPTVN1PROD with BILLS
422 

•HR 1947 RH

1 U.S.C. 3101 et seq.) is amended by adding at the end the 

2 following new subtitle: 

3 ‘‘Subtitle P—General Provisions 

4 ‘‘SEC. 1492. MATCHING FUNDS REQUIREMENT. 

5 ‘‘(a) IN GENERAL.—The recipient of a competitive 

6 grant that is awarded by the Secretary under a covered law 

7 shall provide funds, in-kind contributions, or a combination 

8 of both, from sources other than funds provided through 

9 such grant in an amount at least equal to the amount of 

10 such grant. 

11 ‘‘(b) EXCEPTION.—The matching funds requirement 

12 under subsection (a) shall not apply to grants awarded— 

13 ‘‘(1) to a research agency of the Department of 

14 Agriculture; 

15 ‘‘(2) to an entity eligible to receive funds under 

16 a capacity and infrastructure program (as defined in 

17 section 251(f)(1)(C) of the Department of Agriculture 

18 Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C))), 

19 including a partner of such entity. 

20 ‘‘(c) COVERED LAW.—In this section, the term ‘covered 

21 law’ means each of the following provisions of law: 

22 ‘‘(1) This title. 

23 ‘‘(2) Title XVI of the Food, Agriculture, Con24 servation, and Trade Act of 1990 (7 U.S.C. 5801 et 

25 seq.). 


rfrederick on DSK6VPTVN1PROD with BILLS
423 

•HR 1947 RH

1 ‘‘(3) The Agricultural Research, Extension, and 

2 Education Reform Act of 1998 (7 U.S.C. 7601 et 

3 seq.). 

4 ‘‘(4) Part III of subtitle E of title VII of the 

5 Food, Conservation, and Energy Act of 2008 (7 

6 U.S.C. 3202 et seq.). 

7 ‘‘(5) The Competitive, Special, and Facilities Re8 search Grant Act (7 U.S.C. 450i).’’. 

9 (b) CONFORMING AMENDMENT.—Paragraph (9) of sub10 section (b) of the Competitive, Special, and Facilities Re11 search Grant Act (7 U.S.C. 450i(b)) is amended— 

12 (1) by striking subparagraph (B); 

13 (2) in the heading, by inserting ‘‘FOR EQUIP14 MENT GRANTS’’ after ‘‘FUNDS’’; 

15 (3) by striking ‘‘(A) EQUIPMENT GRANTS.—’’; 

16 and 

17 (4) by redesignating clauses (i) and (ii) as sub18 paragraphs (A) and (B), respectively, and moving the 

19 margins of such subparagraphs two ems to the left. 

20 (c) APPLICATION TO AMENDMENTS.— 

21 (1) NEW GRANTS.—Section 1492 of the National 

22 Agricultural, Research, Extension, and Teaching Pol23 icy Act of 1977, as added by subsection (a), shall 

24 apply with respect to grants described in such section 

25 awarded after October 1, 2013, unless the provision of 


rfrederick on DSK6VPTVN1PROD with BILLS
424 

•HR 1947 RH

1 a covered law under which such grants are awarded 

2 specifically exempts such grants from the matching 

3 funds requirement under such section. 

4 (2) EXISTING GRANTS.—A matching funds re5 quirement in effect on or before October 1, 2013, 

6 under a covered law shall continue to apply to a 

7 grant awarded under such provision of law on or be8 fore that date. 

9 Subtitle B—Food, Agriculture, Con10 servation, and Trade Act of 1990 

11 SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICA12 TIONS. 

13 Section 1624 of the Food, Agriculture, Conservation, 

14 and Trade Act of 1990 (7 U.S.C. 5814) is amended in the 

15 first sentence— 

16 (1) by striking ‘‘$40,000,000 for each fiscal 

17 year’’; and 

18 (2) by inserting ‘‘$40,000,000 for each of fiscal 

19 years 2013 through 2018’’ after ‘‘chapter’’. 

20 SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS. 

21 Section 1627(d) of the Food, Agriculture, Conserva22 tion, and Trade Act of 1990 (7 U.S.C. 5821(d)) is amended 

23 to read as follows: 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


rfrederick on DSK6VPTVN1PROD with BILLS
425 

•HR 1947 RH

1 through the National Institute of Food and Agriculture 

2 $20,000,000 for each of fiscal years 2013 through 2018.’’. 

3 SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DE4 VELOPMENT AND TRANSFER PROGRAM. 

5 Section 1628(f) of the Food, Agriculture, Conservation, 

6 and Trade Act of 1990 (7 U.S.C. 5831(f)) is amended to 

7 read as follows: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated to carry out this section— 

10 ‘‘(1) such sums as are necessary for fiscal year 

11 2013; and 

12 ‘‘(2) $5,000,000 for each of fiscal years 2014 

13 through 2018.’’. 

14 SEC. 7204. NATIONAL TRAINING PROGRAM. 

15 Section 1629(i) of the Food, Agriculture, Conservation, 

16 and Trade Act of 1990 (7 U.S.C. 5832(i)) is amended to 

17 read as follows: 

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to carry out the National 

20 Training Program $20,000,000 for each of fiscal years 2013 

21 through 2018.’’. 

22 SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM. 

23 Section 1635(b) of the Food, Agriculture, Conservation, 

24 and Trade Act of 1990 (7 U.S.C. 5844(b)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
426 

•HR 1947 RH

1 (1) by striking ‘‘such funds as may be nec2 essary’’; and 

3 (2) by striking ‘‘subtitle’’ and all that follows 

4 and inserting the following: ‘‘subtitle— 

5 ‘‘(1) such sums as are necessary for each of fiscal 

6 years 1991 through 2013; and 

7 ‘‘(2) $1,000,000 for each of fiscal years 2014 

8 through 2018.’’. 

9 SEC. 7206. REPEAL OF NATIONAL AGRICULTURAL WEATHER 

10 INFORMATION SYSTEM. 

11 Effective October 1, 2013, subtitle D of title XVI of 

12 the Food, Agriculture, Conservation, and Trade Act of 1990 

13 (7 U.S.C. 5851 et seq.) is repealed. 

14 SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EX15 TENSION PROGRAM. 

16 Effective October 1, 2013, section 1670 of the Food, Ag17 riculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

18 5923) is repealed. 

19 SEC. 7208. REPEAL OF AGRICULTURAL GENOME INITIATIVE. 

20 Effective October 1, 2013, section 1671 of the Food, Ag21 riculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

22 5924) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
427 

•HR 1947 RH

1 SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INI2 TIATIVES. 

3 Section 1672 of the Food, Agriculture, Conservation, 

4 and Trade Act of 1990 (7 U.S.C. 5925) is amended— 

5 (1) in the first sentence of subsection (a), by 

6 striking ‘‘subsections (e) through (i)’’ and inserting 

7 ‘‘subsections (e) and (f)’’; 

8 (2) in subsection (b)(2), in the first sentence, by 

9 striking ‘‘subsections (e) through (i)’’ and inserting 

10 ‘‘subsections (e) and (f)’’; 

11 (3) by striking subsections (e), (f), and (i); 

12 (4) by redesignating subsections (g), (h), and (j) 

13 as subsections (e), (f), and (g), respectively; 

14 (5) in subsection (f) (as redesignated by para15 graph (4))— 

16 (A) by striking ‘‘2012’’ each place it ap17 pears in paragraphs (1)(B), (2)(B), and (3) and 

18 inserting ‘‘2018’’; and 

19 (B) in paragraph (4)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘and honey bee health disorders’’ after ‘‘col22 lapse’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘, including best management practices’’ 

25 after ‘‘strategies’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
428 

•HR 1947 RH

1 (6) in subsection (g) (as redesignated by para2 graph (4)), by striking ‘‘2012’’ and inserting ‘‘2018’’. 

3 SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH 

4 AND EXTENSION INITIATIVE. 

5 Effective October 1, 2013, section 1672A of the Food, 

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

7 5925a) is repealed. 

8 SEC. 7211. ORGANIC AGRICULTURE RESEARCH AND EXTEN9 SION INITIATIVE. 

10 Section 1672B of the Food, Agriculture, Conservation, 

11 and Trade Act of 1990 (7 U.S.C. 5925b) is amended— 

12 (1) by striking subsection (e) and inserting the 

13 following new subsection: 

14 ‘‘(e) FARM BUSINESS MANAGEMENT ENCOURAGED.— 

15 Following the completion of a peer review process for grant 

16 proposals received under this section, the Secretary shall 

17 give a priority to grant proposals found in the review proc18 ess to be scientifically meritorious using the same criteria 

19 the Secretary uses to give priority to grants under section 

20 1672D(b).’’; and 

21 (2) in subsection (f)— 

22 (A) in paragraph (1)— 

23 (i) in the heading of such paragraph, 

24 by striking ‘‘2012’’ and inserting ‘‘2018’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
429 

•HR 1947 RH

1 (ii) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (iii) in subparagraph (B), by striking 

4 the period at the end and inserting ‘‘; and’’; 

5 and 

6 (iv) by adding at the end the following 

7 new subparagraph: 

8 ‘‘(C) $20,000,000 for each of fiscal years 

9 2014 through 2018.’’; and 

10 (B) in paragraph (2)— 

11 (i) in the heading of such paragraph, 

12 by striking ‘‘2009 THROUGH 2012’’ and in13 serting ‘‘2014 THROUGH 2018’’; and 

14 (ii) by striking ‘‘2009 through 2012’’ 

15 and inserting ‘‘2014 through 2018’’. 

16 SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEED17 STOCK AND ENERGY EFFICIENCY RESEARCH 

18 AND EXTENSION INITIATIVE. 

19 (a) REPEAL.—Effective October 1, 2013, section 1672C 

20 of the Food, Agriculture, Conservation, and Trade Act of 

21 1990 (7 U.S.C. 5925e) is repealed. 

22 (b) CONFORMING AMENDMENT.—Section 251(f)(1)(D) 

23 of the Department of Agriculture Reorganization Act of 

24 1994 (7 U.S.C. 6971(f)(1)(D)) is amended— 

25 (1) by striking clause (xi); and 


rfrederick on DSK6VPTVN1PROD with BILLS
430 

•HR 1947 RH

1 (2) by redesignating clauses (xii) and (xiii) as 

2 clauses (xi) and (xii), respectively. 

3 SEC. 7213. FARM BUSINESS MANAGEMENT. 

4 Section 1672D(d) of the Food, Agriculture, Conserva5 tion, and Trade Act of 1990 (7 U.S.C. 5925f(d)) is amended 

6 by striking ‘‘such sums as are necessary to carry out this 

7 section.’’ and inserting the following: ‘‘to carry out this sec8 tion— 

9 ‘‘(1) such sums as are necessary for fiscal year 

10 2013; and 

11 ‘‘(2) $5,000,000 for each of fiscal years 2014 

12 through 2018.’’. 

13 SEC. 7214. CENTERS OF EXCELLENCE. 

14 The Food, Agriculture, Conservation, and Trade Act 

15 of 1990 is amended by inserting after section 1672D (7 

16 U.S.C. 5925f) the following new section: 

17 ‘‘SEC. 1673. CENTERS OF EXCELLENCE. 

18 ‘‘(a) FUNDING PRIORITIES.—The Secretary shall 

19 prioritize centers of excellence established for specific agri20 cultural commodities for the receipt of funding for any com21 petitive research or extension program administered by the 

22 Secretary. 

23 ‘‘(b) COMPOSITION.—A center of excellence is composed 

24 of 1 or more of the eligible entities specified in subsection 

25 (b)(7) of the Competitive, Special, and Facilities Research 


rfrederick on DSK6VPTVN1PROD with BILLS
431 

•HR 1947 RH

1 Grant Act (7 U.S.C. 450i(b)(7)) that provide financial or 

2 in-kind support to the center of excellence. 

3 ‘‘(c) CRITERIA FOR CENTERS OF EXCELLENCE.— 

4 ‘‘(1) REQUIRED EFFORTS.—The criteria for con5 sideration to be recognized as a center of excellence 

6 shall include efforts— 

7 ‘‘(A) to ensure coordination and cost effec8 tiveness by reducing unnecessarily duplicative ef9 forts regarding research, teaching, and extension; 

10 ‘‘(B) to leverage available resources by using 

11 public/private partnerships among agricultural 

12 industry groups, institutions of higher education, 

13 and the Federal Government; 

14 ‘‘(C) to implement teaching initiatives to 

15 increase awareness and effectively disseminate 

16 solutions to target audiences through extension 

17 activities; and 

18 ‘‘(D) to increase the economic returns to 

19 rural communities by identifying, attracting, 

20 and directing funds to high-priority agricultural 

21 issues. 

22 ‘‘(2) ADDITIONAL EFFORTS.—Where practicable, 

23 the criteria for consideration to be recognized as a 

24 center of excellence shall include efforts to improve 

25 teaching capacity and infrastructure at colleges and 


rfrederick on DSK6VPTVN1PROD with BILLS
432 

•HR 1947 RH

1 universities (including land-grant institutions, 

2 schools of forestry, schools of veterinary medicine, and 

3 NLGCA Institutions).’’. 

4 SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CEN5 TER. 

6 Effective October 1, 2013, section 1676 of the Food, Ag7 riculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

8 5929) is repealed. 

9 SEC. 7216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARM10 ERS WITH DISABILITIES. 

11 Section 1680(c)(1) of the Food, Agriculture, Conserva12 tion, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is 

13 amended— 

14 (1) by striking ‘‘is’’ and inserting ‘‘are’’; and 

15 (2) by striking ‘‘section’’ and all that follows and 

16 inserting the following: ‘‘section— 

17 ‘‘(A) $6,000,000 for each of fiscal years 

18 1999 through 2013; and 

19 ‘‘(B) $3,000,000 for each of fiscal years 

20 2014 through 2018.’’. 

21 SEC. 7217. NATIONAL RURAL INFORMATION CENTER 

22 CLEARINGHOUSE. 

23 Section 2381(e) of the Food, Agriculture, Conservation, 

24 and Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by 

25 striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
433 

•HR 1947 RH

1 Subtitle C—Agricultural Research, 

2 Extension, and Education Re3 form Act of 1998 

4 SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RE5 SEARCH, EXTENSION, AND EDUCATION FUND6 ED BY THE DEPARTMENT. 

7 Section 103(a)(2) of the Agricultural Research, Exten8 sion, and Education Reform Act of 1998 (7 U.S.C. 

9 7613(a)(2)) is amended— 

10 (1) in the heading by striking ‘‘MERIT REVIEW

11 OF EXTENSION’’ and inserting ‘‘RELEVANCE AND

12 MERIT REVIEW OF RESEARCH, EXTENSION,’’; 

13 (2) in subparagraph (A)— 

14 (A) by inserting ‘‘relevance and’’ before 

15 ‘‘merit’’; and 

16 (B) by striking ‘‘extension or education’’ 

17 and inserting ‘‘research, extension, or edu18 cation’’; and 

19 (3) in subparagraph (B), by inserting ‘‘on a con20 tinuous basis’’ after ‘‘procedures’’. 

21 SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EX22 TENSION COMPETITIVE GRANTS PROGRAM. 

23 Section 406(f) of the Agricultural Research, Extension, 

24 and Education Reform Act of 1998 (7 U.S.C. 7626(f)) is 

25 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
434 

•HR 1947 RH

1 SEC. 7303. REPEAL OF COORDINATED PROGRAM OF RE2 SEARCH, EXTENSION, AND EDUCATION TO IM3 PROVE VIABILITY OF SMALL AND MEDIUM 

4 SIZE DAIRY, LIVESTOCK, AND POULTRY OPER5 ATIONS. 

6 (a) REPEAL.—Effective October 1, 2013, section 407 

7 of the Agricultural Research, Extension, and Education Re8 form Act of 1998 (7 U.S.C. 7627) is repealed. 

9 (b) CONFORMING AMENDMENT.—Section 251(f)(1)(D) 

10 of the Department of Agriculture Reorganization Act of 

11 1994 (7 U.S.C. 6971(f)(1)(D)), as amended by section 

12 7212(b), is further amended— 

13 (1) by striking clause (xi) (as redesignated by 

14 section 7212(b)); and 

15 (2) by redesignating clause (xii) (as redesignated 

16 by section 7212(b)) as clause (xi). 

17 SEC. 7304. FUSARIUM GRAMINEARUM GRANTS. 

18 Section 408(e) of the Agricultural Research, Extension, 

19 and Education Reform Act of 1998 (7 U.S.C. 7628(e)) is 

20 amended to read as follows: 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated to carry out this section— 

23 ‘‘(1) such sums as may be necessary for each of 

24 fiscal years 1999 through 2013; and 

25 ‘‘(2) $7,500,000 for each of fiscal years 2014 

26 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
435 

•HR 1947 RH

1 SEC. 7305. REPEAL OF BOVINE JOHNE’S DISEASE CONTROL 

2 PROGRAM. 

3 Effective October 1, 2013, section 409 of the Agricul4 tural Research, Extension, and Education Reform Act of 

5 1998 (7 U.S.C. 7629) is repealed. 

6 SEC. 7306. GRANTS FOR YOUTH ORGANIZATIONS. 

7 Section 410(d) of the Agricultural Research, Exten8 sion, and Education Reform Act of 1998 (7 U.S.C. 7630(d)) 

9 is amended by striking ‘‘section such sums as are necessary’’ 

10 and all that follows and inserting the following: ‘‘section— 

11 ‘‘(1) such sums as are necessary for each of fiscal 

12 years 2008 through 2013; and 

13 ‘‘(2) $3,000,000 for each of fiscal years 2014 

14 through 2018.’’. 

15 SEC. 7307. SPECIALTY CROP RESEARCH INITIATIVE. 

16 Section 412 of the Agricultural Research, Extension, 

17 and Education Reform Act of 1998 (7 U.S.C. 7632) is 

18 amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by striking ‘‘and 

21 genomics’’ and inserting ‘‘genomics, and other 

22 methods’’; and 

23 (B) in paragraph (3), by inserting ‘‘han24 dling and processing,’’ after ‘‘production effi25 ciency,’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
436 

•HR 1947 RH

1 (2) by striking subsection (d) and inserting the 

2 following new subsection: 

3 ‘‘(d) RESEARCH PROJECTS.—In carrying out this sec4 tion, the Secretary shall award competitive grants on the 

5 basis of— 

6 ‘‘(1) an initial scientific peer review conducted 

7 by a panel of subject matter experts from Federal 

8 agencies, non-Federal entities, and the specialty crop 

9 industry; and 

10 ‘‘(2) a final funding determination made by the 

11 Secretary based on a review and ranking for merit, 

12 relevance, and impact conducted by a panel of spe13 cialty crop industry representatives for the specific 

14 specialty crop.’’; and 

15 (3) in subsection (h)— 

16 (A) in paragraph (1)— 

17 (i) in the heading, by striking ‘‘(1) 

18 MANDATORY FUNDING FOR FISCAL YEARS

19 2008 THROUGH 2012.—Of the funds’’ and in20 serting the following: 

21 ‘‘(1) MANDATORY FUNDING.— 

22 ‘‘(A) FISCAL YEARS 2008 THROUGH 2012.— 

23 Of the funds’’; and 

24 (ii) by adding at the end the following 

25 new subparagraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
437 

•HR 1947 RH

1 ‘‘(B) SUBSEQUENT FUNDING.—Of the funds 

2 of the Commodity Credit Corporation, the Sec3 retary shall make available to carry out this sec4 tion— 

5 ‘‘(i) $50,000,000 for fiscal years 2014 

6 and 2015; 

7 ‘‘(ii) $55,000,000 for fiscal years 2016 

8 and 2017; and 

9 ‘‘(iii) $65,000,000 for fiscal year 2018 

10 and each fiscal year thereafter.’’; and 

11 (B) in paragraph (2)— 

12 (i) in the heading, by striking ‘‘2008 

13 through 2012’’ and inserting ‘‘2014 through 

14 2018’’; and 

15 (ii) by striking ‘‘2008 through 2012’’ 

16 and inserting ‘‘2014 through 2018’’. 

17 SEC. 7308. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE 

18 PROGRAM. 

19 Section 604(e) of the Agricultural Research, Extension, 

20 and Education Reform Act of 1998 (7 U.S.C. 7642(e)) is 

21 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
438 

•HR 1947 RH

1 SEC. 7309. REPEAL OF NATIONAL SWINE RESEARCH CEN2 TER. 

3 Effective October 1, 2013, section 612 of the Agricul4 tural Research, Extension, and Education Reform Act of 

5 1998 (Public Law 105–185; 112 Stat. 605) is repealed. 

6 SEC. 7310. OFFICE OF PEST MANAGEMENT POLICY. 

7 Section 614(f) of the Agricultural Research, Extension, 

8 and Education Reform Act of 1998 (7 U.S.C. 7653(f)) is 

9 amended— 

10 (1) by striking ‘‘such sums as are necessary’’; 

11 and 

12 (2) by striking ‘‘section’’ and all that follows and 

13 inserting the following: ‘‘section— 

14 ‘‘(1) such sums as are necessary for each of fiscal 

15 years 1999 through 2013; and 

16 ‘‘(2) $3,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 7311. REPEAL OF STUDIES OF AGRICULTURAL RE19 SEARCH, EXTENSION, AND EDUCATION. 

20 Effective October 1, 2013, subtitle C of title VI of the 

21 Agricultural Research, Extension, and Education Reform 

22 Act of 1998 (7 U.S.C. 7671 et seq.) is repealed. 

23 Subtitle D—Other Laws 

24 SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT. 

25 Section 16(a) of the Critical Agricultural Materials 

26 Act (7 U.S.C. 178n(a)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
439 

•HR 1947 RH

1 (1) by striking ‘‘such sums as are necessary’’; 

2 and 

3 (2) by striking ‘‘Act’’ and all that follows and 

4 inserting the following: ‘‘Act— 

5 ‘‘(1) such sums as are necessary for each of fiscal 

6 years 1991 through 2013; and 

7 ‘‘(2) $2,000,000 for each of fiscal years 2014 

8 through 2018.’’. 

9 SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS 

10 ACT OF 1994. 

11 (a) DEFINITION OF 1994 INSTITUTIONS.—Section 532 

12 of the Equity in Educational Land-Grant Status Act of 

13 1994 (7 U.S.C. 301 note; Public Law 103–382) is amend14 ed— 

15 (1) in paragraph (8), by striking ‘‘Memorial’’; 

16 (2) in paragraph (26), by striking ‘‘Commu17 nity’’; 

18 (3) by striking paragraphs (5), (10), and (27); 

19 (4) by redesignating paragraphs (1), (2), (3), 

20 (4), (6), (7), (8), (9), (14), (15), (16), (17), (18), (19), 

21 (20), (21), (22), (23), (24), (25), (26), (28), (29), (30), 

22 (31), (32), (33), and (34) as paragraphs (2), (3), (4), 

23 (7), (8), (9), (5), (10), (15), (17), (18), (19), (20), 

24 (22), (23), (24), (25), (32), (26), (27), (28), (29), (30), 

25 (31), (33), (34), (35), and (14), respectively, and 


rfrederick on DSK6VPTVN1PROD with BILLS
440 

•HR 1947 RH

1 transferring the paragraphs so as to appear in nu2 merical order; 

3 (5) by inserting before paragraph (2) (as so re4 designated), the following new paragraph: 

5 ‘‘(1) Aaniih Nakoda College.’’; 

6 (6) by inserting after paragraph (5) (as so redes7 ignated), the following new paragraph: 

8 ‘‘(6) College of the Muscogee Nation.’’; 

9 (7) by inserting after paragraph (15) (as so re10 designated) the following new paragraph: 

11 ‘‘(16) Keweenaw Bay Ojibwa Community Col12 lege.’’; and 

13 (8) by inserting after paragraph (20) (as so re14 designated) the following new paragraph: 

15 ‘‘(21) Navajo Technical College.’’. 

16 (b) ENDOWMENT FOR 1994 INSTITUTIONS.—Section 

17 533(b) of the Equity in Educational Land-Grant Status 

18 Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is 

19 amended in the first sentence by striking ‘‘2012’’ and in20 serting ‘‘2018’’. 

21 (c) INSTITUTIONAL CAPACITY BUILDING GRANTS.— 

22 Section 535 of the Equity in Educational Land-Grant Sta23 tus Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) 

24 is amended by striking ‘‘2012’’ each place it appears in 

25 subsections (b)(1) and (c) and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
441 

•HR 1947 RH

1 (d) RESEARCH GRANTS.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—Sec3 tion 536(c) of the Equity in Educational Land-Grant 

4 Status Act of 1994 (7 U.S.C. 301 note; Public Law 

5 103–382) is amended in the first sentence by striking 

6 ‘‘2012’’ and inserting ‘‘2018’’. 

7 (2) RESEARCH GRANT REQUIREMENTS.—Section 

8 536(b) of the Equity in Educational Land-Grant Sta9 tus Act of 1994 (7 U.S.C. 301 note; Public Law 103– 

10 382) is amended by striking ‘‘with at least 1 other 

11 land-grant college or university’’ and all that follows 

12 and inserting the following: ‘‘with— 

13 ‘‘(1) the Agricultural Research Service of the De14 partment of Agriculture; or 

15 ‘‘(2) at least 1— 

16 ‘‘(A) other land-grant college or university 

17 (exclusive of another 1994 Institution); 

18 ‘‘(B) non-land-grant college of agriculture 

19 (as defined in section 1404 of the National Agri20 cultural Research, Extension, and Teaching Pol21 icy Act of 1977 (7 U.S.C. 3103)); or 

22 ‘‘(C) cooperating forestry school (as defined 

23 in that section).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
442 

•HR 1947 RH

1 SEC. 7403. RESEARCH FACILITIES ACT. 

2 Section 6(a) of the Research Facilities Act (7 U.S.C. 

3 390d(a)) is amended by striking ‘‘2012’’ and inserting 

4 ‘‘2018’’. 

5 SEC. 7404. REPEAL OF CARBON CYCLE RESEARCH. 

6 Effective October 1, 2013, section 221 of the Agricul7 tural Risk Protection Act of 2000 (7 U.S.C. 6711) is re8 pealed. 

9 SEC. 7405. COMPETITIVE, SPECIAL, AND FACILITIES RE10 SEARCH GRANT ACT. 

11 (a) EXTENSION.—Subsection (b)(11)(A) of the Com12 petitive, Special, and Facilities Research Grant Act (7 

13 U.S.C. 450i(b)(11)(A)) is amended in the matter preceding 

14 clause (i) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

15 (b) PRIORITY AREAS.—Subsection (b)(2) of the Com16 petitive, Special, and Facilities Research Grant Act (7 

17 U.S.C. 450i(b)(2)) is amended— 

18 (1) in subparagraph (A)— 

19 (A) in clause (vi), by striking ‘‘and’’ at the 

20 end; 

21 (B) in clause (vii), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following new 

24 clause: 


rfrederick on DSK6VPTVN1PROD with BILLS
443 

•HR 1947 RH

1 ‘‘(viii) plant-based foods that are 

2 major sources of nutrients of concern (as de3 termined by the Secretary).’’; 

4 (2) in subparagraph (B)— 

5 (A) in clause (vii), by striking ‘‘and’’ at the 

6 end; 

7 (B) in clause (viii), by striking the period 

8 at the end and inserting a semicolon; and 

9 (C) by adding at the end the following new 

10 clauses: 

11 ‘‘(ix) the research and development of 

12 surveillance methods, vaccines, vaccination 

13 delivery systems, or diagnostic tests for 

14 pests and diseases (especially zoonotic dis15 eases) in wildlife reservoirs presenting a po16 tential concern to public health or domestic 

17 livestock and pests and diseases in minor 

18 species (including deer, elk, and bison); and 

19 ‘‘(x) the identification of animal drug 

20 needs and the generation and dissemination 

21 of data for safe and effective therapeutic ap22 plications of animal drugs for minor species 

23 and minor uses of such drugs in major spe24 cies.’’; 

25 (3) in subparagraph (C)— 


rfrederick on DSK6VPTVN1PROD with BILLS
444 

•HR 1947 RH

1 (A) in clause (ii), by inserting before the 

2 semicolon ‘‘, including the effects of plant-based 

3 foods that are major sources of nutrients of con4 cern on diet and health’’; 

5 (B) in clause (iii), by inserting before the 

6 semicolon ‘‘, including plant-based foods that are 

7 major sources of nutrients of concern’’; 

8 (C) in clause (iv), by inserting before the 

9 semicolon ‘‘, including postharvest practices con10 ducted with respect to plant-based foods that are 

11 major sources of nutrients of concern’’; and 

12 (D) in clause (v), by inserting before the pe13 riod ‘‘, including improving the functionality of 

14 plant-based foods that are major sources of nu15 trients of concern’’; 

16 (4) in subparagraph (D)— 

17 (A) by redesignating clauses (iv), (v), and 

18 (vi) as clauses (v), (vi), and (vii), respectively; 

19 and 

20 (B) by inserting after clause (iii) the fol21 lowing new clause: 

22 ‘‘(iv) the effectiveness of conservation 

23 practices and technologies designed to ad24 dress nutrient losses and improve water 

25 quality;’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
445 

•HR 1947 RH

1 (5) in subparagraph (F)— 

2 (A) in the matter preceding clause (i), by 

3 inserting ‘‘economics,’’ after ‘‘trade,’’; 

4 (B) by redesignating clauses (v) and (vi) as 

5 clauses (vi) and (vii), respectively; and 

6 (C) by inserting after clause (iv) the fol7 lowing new clause: 

8 ‘‘(v) the economic costs, benefits, and 

9 viability of producers adopting conservation 

10 practices and technologies designed to im11 prove water quality;’’. 

12 (c) GENERAL ADMINISTRATION.—Subsection (b)(4) of 

13 the Competitive, Special, and Facilities Research Grant Act 

14 (7 U.S.C. 450i(b)(4)) is amended— 

15 (1) in subparagraph (D), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (E), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(F) establish procedures under which a 

22 commodity board established under a commodity 

23 promotion law (as such term is defined under 

24 section 501(a) of the Federal Agriculture Im25 provement and Reform Act of 1996 (7 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
446 

•HR 1947 RH

1 7401(a))) or a State commodity board (or other 

2 equivalent State entity) may directly submit to 

3 the Secretary proposals for requests for applica4 tions to specifically address particular issues re5 lated to the priority areas specified in para6 graph (2).’’. 

7 (d) SPECIAL CONSIDERATIONS.—Subsection (b)(6) of 

8 the Competitive, Special, and Facilities Research Grant Act 

9 (7 U.S.C. 450i(b)(6)) is amended— 

10 (1) in subparagraph (C), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (D), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(E) to eligible entities to carry out the spe17 cific research proposals submitted under proce18 dures established under paragraph (4)(F).’’. 

19 (e) ELIGIBLE ENTITIES.—Subsection (b)(7)(G) of the 

20 Competitive, Special, and Facilities Research Grant Act (7 

21 U.S.C. 450i(b)(7)(G)) is amended by striking ‘‘or corpora22 tions’’ and inserting ‘‘, foundations, or corporations’’. 

23 (f) INTER-REGIONAL RESEARCH PROJECT NUMBER

24 4.—Subsection (e) of the Competitive, Special, and Facili25 ties Research Grant Act (7 U.S.C. 450i(e)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
447 

•HR 1947 RH

1 (1) in paragraph (1)(A), by striking ‘‘minor use 

2 pesticides’’ and inserting ‘‘pesticides for minor agri3 cultural use and for use on specialty crops (as defined 

4 in section 3 of the Specialty Crop Competitiveness 

5 Act of 2004 (7 U.S.C. 1621 note)’’; and 

6 (2) in paragraph (4)— 

7 (A) in subparagraph (A), by inserting ‘‘and 

8 for use on specialty crops’’ after ‘‘minor agricul9 tural use’’; 

10 (B) in subparagraph (B), by striking ‘‘and’’ 

11 at the end; 

12 (C) by redesignating subparagraph (C) as 

13 subparagraph (G); and 

14 (D) by inserting after subparagraph (B) the 

15 following new subparagraphs: 

16 ‘‘(C) prioritize potential pest management 

17 technology for minor agricultural use and for use 

18 on specialty crops; 

19 ‘‘(D) conduct research to develop the data 

20 necessary to facilitate pesticide registrations, re21 registrations, and associated tolerances; 

22 ‘‘(E) assist in removing trade barriers 

23 caused by residues of pesticides registered for 

24 minor agricultural use and for use on domesti25 cally grown specialty crops; 


rfrederick on DSK6VPTVN1PROD with BILLS
448 

•HR 1947 RH

1 ‘‘(F) assist in the registration and rereg2 istration of pest management technologies for 

3 minor agricultural use and for use on specialty 

4 crops; and’’. 

5 (g) EMPHASIS ON SUSTAINABLE AGRICULTURE.—The 

6 Competitive, Special, and Facilities Research Grant Act (7 

7 U.S.C. 450i) is amended by striking subsection (k). 

8 SEC. 7406. RENEWABLE RESOURCES EXTENSION ACT OF 

9 1978. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 6 

11 of the Renewable Resources Extension Act of 1978 (16 

12 U.S.C. 1675) is amended in the first sentence by striking 

13 ‘‘2012’’ and inserting ‘‘2018’’. 

14 (b) TERMINATION DATE.—Section 8 of the Renewable 

15 Resources Extension Act of 1978 (16 U.S.C. 1671 note; Pub16 lic Law 95–306) is amended by striking ‘‘2012’’ and insert17 ing ‘‘2018’’. 

18 SEC. 7407. NATIONAL AQUACULTURE ACT OF 1980. 

19 Section 10 of the National Aquaculture Act of 1980 

20 (16 U.S.C. 2809) is amended by striking ‘‘2012’’ each place 

21 it appears and inserting ‘‘2018’’. 

22 SEC. 7408. REPEAL OF USE OF REMOTE SENSING DATA. 

23 Effective October 1, 2013, section 892 of the Federal 

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

25 5935) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
449 

•HR 1947 RH

1 SEC. 7409. REPEAL OF REPORTS UNDER FARM SECURITY 

2 AND RURAL INVESTMENT ACT OF 2002. 

3 (a) REPEAL OF REPORT ON PRODUCERS AND HAN4 DLERS FOR ORGANIC PRODUCTS.—Effective October 1, 

5 2013, section 7409 of the Farm Security and Rural Invest6 ment Act of 2002 (7 U.S.C. 5925b note; Public Law 107– 

7 171) is repealed. 

8 (b) REPEAL OF REPORT ON GENETICALLY MODIFIED

9 PEST-PROTECTED PLANTS.—Effective October 1, 2013, sec10 tion 7410 of the Farm Security and Rural Investment Act 

11 of 2002 (Public Law 107–171; 116 Stat. 462) is repealed. 

12 (c) REPEAL OF STUDY ON NUTRIENT BANKING.—Ef13 fective October 1, 2013, section 7411 of the Farm Security 

14 and Rural Investment Act of 2002 (7 U.S.C. 5925a note; 

15 Public Law 107–171) is repealed. 

16 SEC. 7410. BEGINNING FARMER AND RANCHER DEVELOP17 MENT PROGRAM. 

18 Section 7405 of the Farm Security and Rural Invest19 ment Act of 2002 (7 U.S.C. 3319f) is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (1), by striking subpara22 graphs (A) through (R) and inserting the fol23 lowing new subparagraphs: 

24 ‘‘(A) basic livestock, forest management, 

25 and crop farming practices; 


rfrederick on DSK6VPTVN1PROD with BILLS
450 

•HR 1947 RH

1 ‘‘(B) innovative farm, ranch, and private, 

2 nonindustrial forest land transfer strategies; 

3 ‘‘(C) entrepreneurship and business train4 ing; 

5 ‘‘(D) financial and risk management train6 ing (including the acquisition and management 

7 of agricultural credit); 

8 ‘‘(E) natural resource management and 

9 planning; 

10 ‘‘(F) diversification and marketing strate11 gies; 

12 ‘‘(G) curriculum development; 

13 ‘‘(H) mentoring, apprenticeships, and in14 ternships; 

15 ‘‘(I) resources and referral; 

16 ‘‘(J) farm financial benchmarking; 

17 ‘‘(K) assisting beginning farmers or ranch18 ers in acquiring land from retiring farmers and 

19 ranchers; 

20 ‘‘(L) agricultural rehabilitation and voca21 tional training for veterans; and 

22 ‘‘(M) other similar subject areas of use to 

23 beginning farmers or ranchers.’’; 

24 (B) in paragraph (7), by striking ‘‘and 

25 community-based organizations’’ and inserting 


rfrederick on DSK6VPTVN1PROD with BILLS
451 

•HR 1947 RH

1 ‘‘, community-based organizations, and school2 based agricultural educational organizations’’; 

3 (C) by striking paragraph (8) and inserting 

4 the following new paragraph: 

5 ‘‘(8) MILITARY VETERAN BEGINNING FARMERS

6 AND RANCHERS.— 

7 ‘‘(A) IN GENERAL.—Not less than 5 percent 

8 of the funds used to carry out this subsection for 

9 a fiscal year shall be used to support programs 

10 and services that address the needs of military 

11 veteran beginning farmers and ranchers. 

12 ‘‘(B) COORDINATION PERMITTED.—A re13 cipient of a grant under this section using the 

14 grant as described in subparagraph (A) may co15 ordinate with a recipient of a grant under sec16 tion 1680 of the Food, Agriculture, Conservation, 

17 and Trade Act of 1990 (7 U.S.C. 5933) in ad18 dressing the needs of military veteran beginning 

19 farmers and ranchers with disabilities.’’; and 

20 (D) by adding at the end the following new 

21 paragraph: 

22 ‘‘(11) LIMITATION ON INDIRECT COSTS.—A re23 cipient of a grant under this section may not use 

24 more than 10 percent of the funds provided by the 


rfrederick on DSK6VPTVN1PROD with BILLS
452 

•HR 1947 RH

1 grant for the indirect costs of carrying out the initia2 tives described in paragraph (1).’’; 

3 (2) in subsection (h)(1)— 

4 (A) in the paragraph heading, by striking 

5 ‘‘2012’’ and inserting ‘‘2018’’; 

6 (B) in subparagraph (A), by striking ‘‘and’’ 

7 at the end; 

8 (C) in subparagraph (B), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (D) by adding at the end the following new 

11 subparagraph: 

12 ‘‘(C) $20,000,000 for each of fiscal years 

13 2014 through 2018, to remain available until ex14 pended.’’; and 

15 (3) in subsection (h)(2)— 

16 (A) in the paragraph heading, by striking 

17 ‘‘2008 THROUGH 2012’’ and inserting ‘‘2014

18 THROUGH 2018’’; and 

19 (B) by striking ‘‘2008 through 2012’’ and 

20 inserting ‘‘2014 through 2018’’. 

21 SEC. 7411. INCLUSION OF NORTHERN MARIANA ISLANDS AS 

22 A STATE UNDER MCINTIRE-STENNIS COOPER23 ATIVE FORESTRY ACT. 

24 Section 8 of Public Law 87–788 (commonly known as 

25 the McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
453 

•HR 1947 RH

1 582a–7) is amended by striking ‘‘and Guam’’ and inserting 

2 ‘‘Guam, and the Commonwealth of the Northern Mariana 

3 Islands’’. 

4 Subtitle E—Food, Conservation, 

5 and Energy Act of 2008 

6 PART 1—AGRICULTURAL SECURITY 

7 SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION 

8 CENTER. 

9 Section 14112(c) of the Food, Conservation, and En10 ergy Act of 2008 (7 U.S.C. 8912(c)) is amended to read 

11 as follows: 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to carry out this section— 

14 ‘‘(1) such sums as are necessary for each of fiscal 

15 years 2008 through 2013; and 

16 ‘‘(2) $2,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AG19 RICULTURAL BIOSECURITY PLANNING, PREP20 ARATION, AND RESPONSE. 

21 Section 14113 of the Food, Conservation, and Energy 

22 Act of 2008 (7 U.S.C. 8913) is amended— 

23 (1) in subsection (a)(2)— 

24 (A) by striking ‘‘such sums as may be nec25 essary’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
454 

•HR 1947 RH

1 (B) by striking ‘‘subsection’’ and all that 

2 follows and inserting the following: ‘‘subsection— 

3 ‘‘(A) such sums as are necessary for each of 

4 fiscal years 2008 through 2013; and 

5 ‘‘(B) $15,000,000 for each of fiscal years 

6 2014 through 2018.’’; and 

7 (2) in subsection (b)(2), by striking ‘‘is author8 ized to be appropriated to carry out this subsection’’ 

9 and all that follows and inserting the following: ‘‘are 

10 authorized to be appropriated to carry out this sub11 section— 

12 ‘‘(A) $25,000,000 for each of fiscal years 

13 2008 through 2013; and 

14 ‘‘(B) $15,000,000 for each of fiscal years 

15 2014 through 2018.’’. 

16 SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICUL17 TURAL COUNTERMEASURES. 

18 Section 14121(b) of the Food, Conservation, and En19 ergy Act of 2008 (7 U.S.C. 8921(b)) is amended by striking 

20 ‘‘is authorized to be appropriated to carry out this section’’ 

21 and all that follows and inserting the following: ‘‘are au22 thorized to be appropriated to carry out this section— 

23 ‘‘(1) $50,000,000 for each of fiscal years 2008 

24 through 2013; and 


rfrederick on DSK6VPTVN1PROD with BILLS
455 

•HR 1947 RH

1 ‘‘(2) $15,000,000 for each of fiscal years 2014 

2 through 2018.’’. 

3 SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM. 

4 Section 14122(e) of the Food, Conservation, and En5 ergy Act of 2008 (7 U.S.C. 8922(e)) is amended— 

6 (1) by striking ‘‘sums as are necessary’’; and 

7 (2) by striking ‘‘section’’ and all that follows and 

8 inserting the following: ‘‘section— 

9 ‘‘(1) such sums as are necessary for each of fiscal 

10 years 2008 through 2013, to remain available until 

11 expended; and 

12 ‘‘(2) $5,000,000 for each of fiscal years 2014 

13 through 2018, to remain available until expended.’’. 

14 PART 2—MISCELLANEOUS 

15 SEC. 7511. ENHANCED USE LEASE AUTHORITY PILOT PRO16 GRAM. 

17 Section 308 of the Federal Crop Insurance Reform and 

18 Department of Agriculture Reorganization Act of 1994 (7 

19 U.S.C. 3125a) is amended— 

20 (1) in subsection (b)(6)(A), by striking ‘‘5 years’’ 

21 and inserting ‘‘10 years’’; and 

22 (2) in subsection (d)(2), by striking ‘‘1, 3, and 

23 5 years’’ and inserting ‘‘6, 8, and 10 years’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
456 

•HR 1947 RH

1 SEC. 7512. GRAZINGLANDS RESEARCH LABORATORY. 

2 Section 7502 of the Food, Conservation, and Energy 

3 Act of 2008 (Public Law 110–246; 122 Stat. 2019) is 

4 amended by striking ‘‘5-year period’’ and inserting ‘‘10- 

5 year period’’. 

6 SEC. 7513. BUDGET SUBMISSION AND FUNDING. 

7 Section 7506 of the Food, Conservation, and Energy 

8 Act of 2008 (7 U.S.C. 7614c) is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection: 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

13 program’ means— 

14 ‘‘(A) each research program carried out by 

15 the Agricultural Research Service or the Eco16 nomic Research Service for which annual appro17 priations are requested in the annual budget 

18 submission of the President; and 

19 ‘‘(B) each competitive program carried out 

20 by the National Institute of Food and Agri21 culture for which annual appropriations are re22 quested in the annual budget submission of the 

23 President. 

24 ‘‘(2) REQUEST FOR AWARDS.—The term ‘request 

25 for awards’ means a funding announcement published 

26 by the National Institute of Food and Agriculture 


rfrederick on DSK6VPTVN1PROD with BILLS
457 

•HR 1947 RH

1 that provides detailed information on funding oppor2 tunities at the Institute, including the purpose, eligi3 bility, restriction, focus areas, evaluation criteria, 

4 regulatory information, and instructions on how to 

5 apply for such opportunities.’’; and 

6 (2) by adding at the end the following new sub7 sections: 

8 ‘‘(e) ADDITIONAL PRESIDENTIAL BUDGET SUBMISSION

9 REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—Each year, the President 

11 shall submit to Congress, together with the annual 

12 budget submission of the President, the information 

13 described in paragraph (2) for each funding request 

14 for a covered program. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph includes— 

17 ‘‘(A) baseline information, including with 

18 respect to each covered program— 

19 ‘‘(i) the funding level for the program 

20 for the fiscal year preceding the year the 

21 annual budget submission of the President 

22 is submitted; 

23 ‘‘(ii) the funding level requested in the 

24 annual budget submission of the President, 


rfrederick on DSK6VPTVN1PROD with BILLS
458 

•HR 1947 RH

1 including any increase or decrease in the 

2 funding level; and 

3 ‘‘(iii) an explanation justifying any 

4 change from the funding level specified in 

5 clause (i) to the level specified in clause (ii); 

6 ‘‘(B) with respect to each covered program 

7 that is carried out by the Economic Research 

8 Service or the Agricultural Research Service, the 

9 location and staff years of the program; 

10 ‘‘(C) the proposed funding levels to be allo11 cated to, and the expected publication date, 

12 scope, and allocation level for, each request for 

13 awards to be published under or associated 

14 with— 

15 ‘‘(i) each priority area specified in 

16 subsection (b)(2) of the Competitive, Spe17 cial, and Facilities Research Grant Act (7 

18 U.S.C. 450i(b)(2)); 

19 ‘‘(ii) each research and extension 

20 project carried out under section 1621(a) of 

21 the Food, Agriculture, Conservation, and 

22 Trade Act of 1990 (7 U.S.C. 5811(a)); 

23 ‘‘(iii) each grant to be awarded under 

24 section 1672B(a) of the Food, Agriculture, 


rfrederick on DSK6VPTVN1PROD with BILLS
459 

•HR 1947 RH

1 Conservation, and Trade Act of 1990 (7 

2 U.S.C. 5925b(a)); 

3 ‘‘(iv) each grant awarded under section 

4 412(d) of the Agricultural Research, Exten5 sion, and Education Reform Act of 1998 (7 

6 U.S.C. 7632(d)); and 

7 ‘‘(v) each grant awarded under 

8 7405(c)(1) of the Farm Security and Rural 

9 Investment Act of 2002 (7 U.S.C. 

10 3319f(c)(1)); or 

11 ‘‘(D) any other information the Secretary 

12 determines will increase congressional oversight 

13 with respect to covered programs. 

14 ‘‘(3) PROHIBITION.—Unless the President sub15 mits the information described in paragraph (2)(C) 

16 for a fiscal year, the President may not carry out any 

17 program during the fiscal year that is authorized 

18 under— 

19 ‘‘(A) subsection (b) of the Competitive, Spe20 cial, and Facilities Research Grant Act (7 

21 U.S.C. 450i(b)); 

22 ‘‘(B) section 1621 of the Food, Agriculture, 

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

24 5811); 


rfrederick on DSK6VPTVN1PROD with BILLS
460 

•HR 1947 RH

1 ‘‘(C) section 1672B of the Food, Agriculture, 

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

3 5925b); 

4 ‘‘(D) section 412 of the Agricultural Re5 search, Extension, and Education Reform Act of 

6 1998 (7 U.S.C. 7632); or 

7 ‘‘(E) section 7405 of the Farm Security and 

8 Rural Investment Act of 2002 (7 U.S.C. 3319f). 

9 ‘‘(f) REPORT OF THE SECRETARY OF AGRICULTURE.— 

10 Each year on a date that is not later than the date on which 

11 the President submits the annual budget, the Secretary shall 

12 submit to Congress a report containing a description of the 

13 agricultural research, extension, and education activities 

14 carried out by the Federal Government during the fiscal 

15 year that immediately precedes the year for which the re16 port is submitted, including— 

17 ‘‘(1) a review of the extent to which those activi18 ties— 

19 ‘‘(A) are duplicative or overlap within the 

20 Department of Agriculture; or 

21 ‘‘(B) are similar to activities carried out 

22 by— 

23 ‘‘(i) other Federal agencies; 

24 ‘‘(ii) the States (including the District 

25 of Columbia, the Commonwealth of Puerto 


rfrederick on DSK6VPTVN1PROD with BILLS
461 

•HR 1947 RH

1 Rico and other territories or possessions of 

2 the United States); 

3 ‘‘(iii) institutions of higher education 

4 (as defined in section 101 of the Higher 

5 Education Act of 1965 (20 U.S.C. 1001)); 

6 or 

7 ‘‘(iv) the private sector; and 

8 ‘‘(2) for each report submitted under this section 

9 on or after January 1, 2013, a 5-year projection of 

10 national priorities with respect to agricultural re11 search, extension, and education, taking into account 

12 domestic needs.’’. 

13 SEC. 7514. REPEAL OF RESEARCH AND EDUCATION GRANTS 

14 FOR THE STUDY OF ANTIBIOTIC-RESISTANT 

15 BACTERIA. 

16 Effective October 1, 2013, section 7521 of the Food, 

17 Conservation, and Energy Act of 2008 (7 U.S.C. 3202) is 

18 repealed. 

19 SEC. 7515. REPEAL OF FARM AND RANCH STRESS ASSIST20 ANCE NETWORK. 

21 Effective October 1, 2013, section 7522 of the Food, 

22 Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is 

23 repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
462 

•HR 1947 RH

1 SEC. 7516. REPEAL OF SEED DISTRIBUTION. 

2 Effective October 1, 2013, section 7523 of the Food, 

3 Conservation, and Energy Act of 2008 (7 U.S.C. 415–1) 

4 is repealed. 

5 SEC. 7517. NATURAL PRODUCTS RESEARCH PROGRAM. 

6 Section 7525(e) of the Food, Conservation, and Energy 

7 Act of 2008 (7 U.S.C. 5937(e)) is amended to read as fol8 lows: 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to carry out this section 

11 $7,000,000 for each of fiscal years 2014 through 2018.’’. 

12 SEC. 7518. SUN GRANT PROGRAM. 

13 (a) IN GENERAL.—Section 7526 of the Food, Conserva14 tion, and Energy Act of 2008 (7 U.S.C. 8114) is amended— 

15 (1) in subsection (a)(4)(B), by striking ‘‘the De16 partment of Energy’’ and inserting ‘‘other appro17 priate Federal agencies (as determined by the Sec18 retary)’’; 

19 (2) in subsection (c)(1)— 

20 (A) in subparagraph (B), by striking 

21 ‘‘multistate’’ and all that follows through the pe22 riod and inserting ‘‘integrated, multistate re23 search, extension, and education programs on 

24 technology development and technology imple25 mentation.’’; 

26 (B) by striking subparagraph (C); and 


rfrederick on DSK6VPTVN1PROD with BILLS
463 

•HR 1947 RH

1 (C) by redesignating subparagraph (D) as 

2 subparagraph (C); 

3 (3) in subsection (d)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘in accordance with 

6 paragraph (2)’’; 

7 (ii) by striking ‘‘gasification’’ and in8 serting ‘‘bioproducts’’; and 

9 (iii) by striking ‘‘the Department of 

10 Energy’’ and inserting ‘‘other appropriate 

11 Federal agencies’’; 

12 (B) by striking paragraph (2); and 

13 (C) by redesignating paragraphs (3) and 

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

15 (4) in subsection (g), by striking ‘‘2012’’ and in16 serting ‘‘2018’’. 

17 (b) CONFORMING AMENDMENTS.—Section 7526(f)(1) 

18 of the Food, Conservation, and Energy Act of 2008 (7 

19 U.S.C. 8114(f)(1)) is amended by striking ‘‘subsection 

20 (c)(1)(D)(i)’’ and inserting ‘‘subsection (c)(1)(C)(i)’’. 

21 SEC. 7519. REPEAL OF STUDY AND REPORT ON FOOD 

22 DESERTS. 

23 Effective October 1, 2013, section 7527 of the Food, 

24 Conservation, and Energy Act of 2008 (Public Law 110– 

25 246; 122 Stat. 2039) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
464 

•HR 1947 RH

1 SEC. 7520. REPEAL OF AGRICULTURAL AND RURAL TRANS2 PORTATION RESEARCH AND EDUCATION. 

3 Effective October 1, 2013, section 7529 of the Food, 

4 Conservation, and Energy Act of 2008 (7 U.S.C. 5938) is 

5 repealed. 

6 Subtitle F—Miscellaneous 

7 Provisions 

8 SEC. 7601. AGREEMENTS WITH NONPROFIT ORGANIZA9 TIONS FOR NATIONAL ARBORETUM. 

10 Section 6 of the Act of March 4, 1927 (20 U.S.C. 196), 

11 is amended— 

12 (1) in subsection (a), by striking paragraph (1) 

13 and inserting the following new paragraph: 

14 ‘‘(1) negotiate agreements for the National Arbo15 retum with nonprofit scientific or educational organi16 zations, the interests of which are complementary to 

17 the mission of the National Arboretum, or nonprofit 

18 organizations that support the purpose of the Na19 tional Arboretum, except that the net proceeds of the 

20 organizations from the agreements shall be used exclu21 sively for research and educational work for the ben22 efit of the National Arboretum and the operation and 

23 maintenance of the facilities of the National Arbo24 retum, including enhancements, upgrades, restoration, 

25 and conservation;’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
465 

•HR 1947 RH

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(d) RECOGNITION OF DONORS.—A non-profit organi4 zation that entered into an agreement under subsection 

5 (a)(1) may recognize donors if that recognition is approved 

6 in advance by the Secretary. In considering whether to ap7 prove such recognition, the Secretary shall broadly exercise 

8 the discretion of the Secretary to the fullest extent allowed 

9 under Federal law in effect on the date of the enactment 

10 of this subsection.’’. 

11 SEC. 7602. COTTON DISEASE RESEARCH REPORT. 

12 Not later than 180 days after the date of the enactment 

13 of this Act, the Secretary shall submit to Congress a report 

14 on the fungus fusarium oxysporum f. sp. vasinfectum race 

15 4 (referred to in this section as ‘‘FOV Race 4’’) and the 

16 impact of such fungus on cotton, including— 

17 (1) an overview of the threat FOV Race 4 poses 

18 to the cotton industry in the United States; 

19 (2) the status and progress of Federal research 

20 initiatives to detect, contain, or eradicate FOV Race 

21 4, including current FOV Race 4-specific research 

22 projects; and 

23 (3) a comprehensive strategy to combat FOV 

24 Race 4 that establishes— 

25 (A) detection and identification goals; 


rfrederick on DSK6VPTVN1PROD with BILLS
466 

•HR 1947 RH

1 (B) containment goals; 

2 (C) eradication goals; and 

3 (D) a plan to partner with the cotton in4 dustry in the United States to maximize re5 sources, information sharing, and research re6 sponsiveness and effectiveness. 

7 SEC. 7603. ACCEPTANCE OF FACILITY FOR AGRICULTURAL 

8 RESEARCH SERVICE. 

9 (a) CONSTRUCTION AUTHORIZED.—Subject to sub10 sections (b) and (c), the Secretary of Agriculture may au11 thorize a non-Federal entity to construct, at no cost and 

12 without obligation to the Federal Government, a facility for 

13 use by the Agricultural Research Service on land owned by 

14 the Agricultural Research Service and managed by the Sec15 retary. 

16 (b) ACCEPTANCE OF GIFT.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 upon the completion of the construction of the facility 

19 by the non-Federal entity under subsection (a), the 

20 Secretary shall accept the facility as a gift in accord21 ance with Public Law 95–442 (7 U.S.C. 2269). 

22 (2) CERTIFICATION.—The Secretary, in consulta23 tion with the Director of the Office of Management 

24 and Budget, shall certify in advance that the accept25 ance under paragraph (1) complies with the limitaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
467 

•HR 1947 RH

1 tions specified in paragraphs (1) and (2) of sub2 section (c). 

3 (c) LIMITATIONS.— 

4 (1) VALUE.—The Secretary may not accept a fa5 cility as a gift under this section if the fair market 

6 value of the facility is more than $5,000,000. 

7 (2) NO FEDERAL COST.—The Secretary shall not 

8 enter into any acquisitions, demonstrations, ex9 changes, grants, contracts, incentives, leases, procure10 ments, sales, or other transaction authorities or ar11 rangements that would obligate future appropriations 

12 with respect to the facility constructed under sub13 section (a). 

14 (d) TERMINATION OF AUTHORITY.—No facility may be 

15 accepted by the Secretary for use by the Agricultural Re16 search Service under this section after September 30, 2018. 

17 SEC. 7604. MISCELLANEOUS TECHNICAL CORRECTIONS. 

18 Sections 7408 and 7409 of the Food, Conservation, and 

19 Energy Act of 2008 (Public Law 110–246; 122 Stat. 2013) 

20 are both amended by striking ‘‘Title III of the Department 

21 of Agriculture Reorganization Act of 1994’’ and inserting 

22 ‘‘Title III of the Federal Crop Insurance Reform and De23 partment of Agriculture Reorganization Act of 1994’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
468 

•HR 1947 RH

1 TITLE VIII—FORESTRY 

2 Subtitle A—Repeal of Certain 

3 Forestry Programs 

4 SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM. 

5 (a) REPEAL.—Section 4 of the Cooperative Forestry 

6 Assistance Act of 1978 (16 U.S.C. 2103) is repealed. 

7 (b) CONFORMING AMENDMENT.—Section 8002 of the 

8 Farm Security and Rural Investment Act of 2002 (Public 

9 Law 107–171; 16 U.S.C. 2103 note) is amended by striking 

10 subsection (a). 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on October 1, 2013. 

13 SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM. 

14 (a) REPEAL.—Section 6 of the Cooperative Forestry 

15 Assistance Act of 1978 (16 U.S.C. 2103b) is repealed. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall take effect on October 1, 2013. 

18 SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST 

19 PRODUCTS MARKETING PROGRAM. 

20 Section 18 of the Cooperative Forestry Assistance Act 

21 of 1978 (16 U.S.C. 2112) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
469 

•HR 1947 RH

1 SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICUL2 TURAL LAND NATIONAL RESOURCES LEADER3 SHIP PROGRAM. 

4 (a) REPEAL.—Section 8402 of the Food, Conservation, 

5 and Energy Act of 2008 (16 U.S.C. 1649a) is repealed. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall take effect on October 1, 2013. 

8 SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE 

9 PROGRAM. 

10 (a) REPEAL.—Section 303 of the Healthy Forests Res11 toration Act of 2003 (16 U.S.C. 6542) is repealed. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall take effect on October 1, 2013. 

14 SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING 

15 AND APPEALS PROCESS. 

16 Section 322 of the Department of the Interior and Re17 lated Agencies Appropriations Act, 1993 (Public Law 102– 

18 381; 16 U.S.C. 1612 note) is repealed. Section 428 of divi19 sion E of the Consolidated Appropriations Act, 2012 (Pub20 lic Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515 note) shall 

21 not apply to any project or activity implementing a land 

22 and resource management plan developed under section 6 

23 of the Forest and Rangeland Renewable Resources Planning 

24 Act of 1974 (16 U.S.C. 1604) that is categorically excluded 

25 from documentation in an environmental assessment or an 


rfrederick on DSK6VPTVN1PROD with BILLS
470 

•HR 1947 RH

1 environmental impact statement under the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 Subtitle B—Reauthorization of Co4 operative Forestry Assistance Act 

5 of 1978 Programs 

6 SEC. 8101. STATE-WIDE ASSESSMENT AND STRATEGIES FOR 

7 FOREST RESOURCES. 

8 Section 2A(c) of the Cooperative Forestry Assistance 

9 Act of 1978 (16 U.S.C. 2101a(c)) is amended— 

10 (1) in paragraph (4), by striking ‘‘and’’; 

11 (2) by redesignating paragraph (5) as para12 graph (6); and 

13 (3) by inserting after paragraph (4) the fol14 lowing new paragraph: 

15 ‘‘(5) as feasible, appropriate military installa16 tions where the voluntary participation and manage17 ment of private or State-owned or other public 

18 forestland is able to support, promote, and contribute 

19 to the missions of such installations; and’’. 

20 SEC. 8102. FOREST LEGACY PROGRAM. 

21 Subsection (m) of section 7 of the Cooperative Forestry 

22 Assistance Act of 1978 (16 U.S.C. 2103c) is amended to 

23 read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
471 

•HR 1947 RH

1 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To 

2 carry out this section, there are authorized to be appro3 priated— 

4 ‘‘(1) such sums as are necessary for fiscal year 

5 2013; and 

6 ‘‘(2) $55,000,000 for each of fiscal years 2014 

7 through 2018.’’. 

8 SEC. 8103. COMMUNITY FOREST AND OPEN SPACE CON9 SERVATION PROGRAM. 

10 Subsection (g) of section 7A of the Cooperative For11 estry Assistance Act of 1978 (16 U.S.C. 2103d) is amended 

12 to read as follows: 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section, there are authorized to be appropriated— 

15 ‘‘(1) such sums as are necessary for fiscal year 

16 2013; and 

17 ‘‘(2) $1,500,000 for each of fiscal years 2014 

18 through 2018.’’. 

19 Subtitle C—Reauthorization of 

20 Other Forestry-Related Laws 

21 SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES. 

22 Section 2371(d)(2) of the Food, Agriculture, Conserva23 tion, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is 

24 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
472 

•HR 1947 RH

1 SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY. 

2 Subsection (d) of section 2405 of the Global Climate 

3 Change Prevention Act of 1990 (7 U.S.C. 6704) is amended 

4 to read as follows: 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

6 out this section, there are authorized to be appropriated— 

7 ‘‘(1) such sums as are necessary for each of fiscal 

8 years 1996 through 2013; and 

9 ‘‘(2) $6,000,000 for each of fiscal years 2014 

10 through 2018.’’. 

11 SEC. 8203. CHANGE IN FUNDING SOURCE FOR HEALTHY 

12 FORESTS RESERVE PROGRAM. 

13 Section 508 of the Healthy Forests Restoration Act of 

14 2003 (16 U.S.C. 6578) is amended— 

15 (1) in subsection (a), by striking ‘‘IN GENERAL’’ 

16 and inserting ‘‘FISCAL YEARS 2009 THROUGH 2013’’; 

17 (2) by redesignating subsection (b) as subsection 

18 (d); and 

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

20 new subsections: 

21 ‘‘(b) FISCAL YEARS 2014 THROUGH 2018.—There is 

22 authorized to be appropriated to the Secretary of Agri23 culture to carry out this section $9,750,000 for each of fiscal 

24 years 2014 through 2018. 

25 ‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition to 

26 funds appropriated pursuant to the authorization of approVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
473 

•HR 1947 RH

1 priations in subsection (b) for a fiscal year, the Secretary 

2 may use such amount of the funds appropriated for that 

3 fiscal year to carry out the Soil Conservation and Domestic 

4 Allotment Act (16 U.S.C. 590a et seq.) as the Secretary de5 termines necessary to cover the cost of technical assistance, 

6 management, and enforcement responsibilities for land en7 rolled in the healthy forests reserve program pursuant to 

8 subsections (a) and (b) of section 504.’’. 

9 SEC. 8204. STEWARDSHIP END RESULT CONTRACTING 

10 PROJECT AUTHORITY. 

11 Section 347 of the Department of the Interior and Re12 lated Agencies Appropriations Act, 1999 (as contained in 

13 section 101(e) of division A of Public Law 105–277; 16 

14 U.S.C. 2104 note) is amended— 

15 (1) in subsection (a), by striking ‘‘2013’’ and in16 serting ‘‘2018’’; and 

17 (2) in subsection (c), by adding at the end the 

18 following new paragraph: 

19 ‘‘(6) CONTRACT FOR SALE OF PROPERTY.—At the 

20 discretion of the Secretary of Agriculture, a contract 

21 entered into by the Forest Service under this section 

22 may be considered a contract for the sale of property 

23 under such terms as the Secretary may prescribe 

24 without regard to any other provision of law.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
474 

•HR 1947 RH

1 Subtitle D—National Forest 

2 Critical Area Response 

3 SEC. 8301. DEFINITIONS. 

4 In this title: 

5 (1) CRITICAL AREA.—The term ‘‘critical area’’ 

6 means an area of the National Forest System des7 ignated by the Secretary under section 8302 

8 (2) NATIONAL FOREST SYSTEM.—The term ‘‘Na9 tional Forest System’’ has the meaning given that 

10 term in section 11(a) of the Forest and Rangeland 

11 Renewable Resources Planning Act of 1974 (16 

12 U.S.C. 1609(a)). 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 SEC. 8302. DESIGNATION OF CRITICAL AREAS. 

16 (a) DESIGNATION REQUIREMENTS.—The Secretary of 

17 Agriculture shall designate critical areas within the Na18 tional Forest System for the purposes of addressing— 

19 (1) deteriorating forest health conditions in ex20 istence as of the date of the enactment of this Act due 

21 to insect infestation, drought, disease, or storm dam22 age; and 

23 (2) the future risk of insect infestations or dis24 ease outbreaks through preventative treatments. 


rfrederick on DSK6VPTVN1PROD with BILLS
475 

•HR 1947 RH

1 (b) DESIGNATION METHOD.—In considering National 

2 Forest System land for designation as a critical area, the 

3 Secretary shall use— 

4 (1) for purposes of subsection (a)(1), the most re5 cent annual forest health aerial surveys of mortality 

6 and defoliation; and 

7 (2) for purposes of subsection (a)(2), the Na8 tional Insect and Disease Risk Map. 

9 (c) TIME FOR INITIAL DESIGNATIONS.—The first crit10 ical areas shall be designated by the Secretary not later 

11 than 60 days after the date of the enactment of this Act. 

12 (d) DURATION OF DESIGNATION.—The designation of 

13 a critical area shall expire not later than 10 years after 

14 the date of the designation. 

15 SEC. 8303. APPLICATION OF EXPEDITED PROCEDURES AND 

16 ACTIVITIES OF THE HEALTHY FORESTS RES17 TORATION ACT OF 2003 TO CRITICAL AREAS. 

18 (a) APPLICABILITY.—Subject to subsections (b) 

19 through (e), title I of the Healthy Forests Restoration Act 

20 of 2003 (16 U.S.C. 6511 et seq.) (including the environ21 mental analysis requirements of section 104 of that Act (16 

22 U.S.C. 6514), the special administrative review process 

23 under section 105 of that Act (16 U.S.C. 6515), and the 

24 judicial review process under section 106 of that Act (16 


rfrederick on DSK6VPTVN1PROD with BILLS
476 

•HR 1947 RH

1 U.S.C. 6516)), shall apply to all Forest Service projects and 

2 activities carried out in a critical area. 

3 (b) APPLICATION OF OTHER LAW.—Section 322 of 

4 Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 1419) 

5 shall not apply to projects conducted in accordance with 

6 this section. 

7 (c) REQUIRED MODIFICATIONS.—In applying title I 

8 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

9 6511 et seq.) to Forest Service projects and activities in a 

10 critical area, the Secretary shall make the following modi11 fications: 

12 (1) The authority shall apply to the entire crit13 ical area, including land that is outside of a 

14 wildland-urban interface area or that does not satisfy 

15 any of the other eligibility criteria specified in section 

16 102(a) of that Act (16 U.S.C. 6512(a)). 

17 (2) All projects and activities of the Forest Serv18 ice, including necessary connected actions (as de19 scribed in section 1508.25(a)(1) of title 40, Code of 

20 Federal Regulations (or a successor regulation)), shall 

21 be considered to be authorized hazardous fuel reduc22 tion projects for purposes of applying the title. 

23 (d) SMALLER PROJECTS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), a project conducted in a critical area in 


rfrederick on DSK6VPTVN1PROD with BILLS
477 

•HR 1947 RH

1 accordance with this section that comprises less than 

2 10,000 acres shall be— 

3 (A) considered an action categorically ex4 cluded from the requirements for an environ5 mental assessment or an environmental impact 

6 statement under section 1508.4 of title 40, Code 

7 of Federal Regulations (or a successor regula8 tion); and 

9 (B) exempt from the special administrative 

10 review process under section 105 of the Healthy 

11 Forests Restoration Act of 2003 (16 U.S.C. 

12 6515). 

13 (2) EXCLUSION OF CERTAIN AREAS.—Paragraph 

14 (1) does not apply to— 

15 (A) a component of the National Wilderness 

16 Preservation System; 

17 (B) any Federal land on which, by Act of 

18 Congress or Presidential proclamation, the re19 moval of vegetation is restricted or prohibited; 

20 (C) a congressionally designated wilderness 

21 study area; or 

22 (D) an area in which activities under para23 graph (1) would be inconsistent with the appli24 cable land and resource management plan. 


rfrederick on DSK6VPTVN1PROD with BILLS
478 

•HR 1947 RH

1 (e) FOREST MANAGEMENT PLANS.—All projects and 

2 activities carried out in a critical area pursuant to this 

3 subtitle shall be consistent with the land and resource man4 agement plan established under section 6 of the Forest and 

5 Rangeland Renewable Resources Planning Act of 1974 (16 

6 U.S.C. 1604) for the unit of the National Forest System 

7 containing the critical area. 

8 SEC. 8304. GOOD NEIGHBOR AUTHORITY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 

11 means a State that contains National Forest System 

12 land. 

13 (2) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 (3) STATE FORESTER.—The term ‘‘State for16 ester’’ means the head of a State agency with jurisdic17 tion over State forestry programs in an eligible State. 

18 (b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 

19 (1) IN GENERAL.—The Secretary may enter into 

20 a cooperative agreement or contract (including a sole 

21 source contract) with a State forester to authorize the 

22 State forester to provide the forest, rangeland, and 

23 watershed restoration and protection services de24 scribed in paragraph (2) on National Forest System 

25 land in the eligible State. 


rfrederick on DSK6VPTVN1PROD with BILLS
479 

•HR 1947 RH

1 (2) AUTHORIZED SERVICES.—The forest, range2 land, and watershed restoration and protection serv3 ices referred to in paragraph (1) include the conduct 

4 of— 

5 (A) activities to treat insect infected trees; 

6 (B) activities to reduce hazardous fuels; and 

7 (C) any other activities to restore or im8 prove forest, rangeland, and watershed health, 

9 including fish and wildlife habitat. 

10 (3) STATE AS AGENT.—Except as provided in 

11 paragraph (6), a cooperative agreement or contract 

12 entered into under paragraph (1) may authorize the 

13 State forester to serve as the agent for the Secretary 

14 in providing the restoration and protection services 

15 authorized under that paragraph. 

16 (4) SUBCONTRACTS.—In accordance with appli17 cable contract procedures for the eligible State, a 

18 State forester may enter into subcontracts to provide 

19 the restoration and protection services authorized 

20 under a cooperative agreement or contract entered 

21 into under paragraph (1). 

22 (5) TIMBER SALES.—Subsections (d) and (g) of 

23 section 14 of the National Forest Management Act of 

24 1976 (16 U.S.C. 472a) shall not apply to services perVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
480 

•HR 1947 RH

1 formed under a cooperative agreement or contract en2 tered into under paragraph (1). 

3 (6) RETENTION OF NEPA RESPONSIBILITIES.— 

4 Any decision required to be made under the National 

5 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) with respect to any restoration and protection 

7 services to be provided under this section by a State 

8 forester on National Forest System land shall not be 

9 delegated to a State forester or any other officer or 

10 employee of the eligible State. 

11 (7) APPLICABLE LAW.—The restoration and pro12 tection services to be provided under this section shall 

13 be carried out on a project-to-project basis under ex14 isting authorities of the Forest Service. 

15 Subtitle E—Miscellaneous 

16 Provisions 

17 SEC. 8401. REVISION OF STRATEGIC PLAN FOR FOREST IN18 VENTORY AND ANALYSIS. 

19 (a) REVISION REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Agriculture shall revise the strategic plan for forest inven22 tory and analysis initially prepared pursuant to section 

23 3(e) of the Forest and Rangeland Renewable Resources Re24 search Act of 1978 (16 U.S.C. 1642(e)) to address the re25 quirements imposed by subsection (b). 


rfrederick on DSK6VPTVN1PROD with BILLS
481 

•HR 1947 RH

1 (b) ELEMENTS OF REVISED STRATEGIC PLAN.—In re2 vising the strategic plan, the Secretary of Agriculture shall 

3 describe in detail the organization, procedures, and funding 

4 needed to achieve each of the following: 

5 (1) Complete the transition to a fully annualized 

6 forest inventory program and include inventory and 

7 analysis of interior Alaska. 

8 (2) Implement an annualized inventory of trees 

9 in urban settings, including the status and trends of 

10 trees and forests, and assessments of their ecosystem 

11 services, values, health, and risk to pests and diseases. 

12 (3) Report information on renewable biomass 

13 supplies and carbon stocks at the local, State, re14 gional, and national level, including by ownership 

15 type. 

16 (4) Engage State foresters and other users of in17 formation from the forest inventory and analysis in 

18 reevaluating the list of core data variables collected on 

19 forest inventory and analysis plots with an emphasis 

20 on demonstrated need. 

21 (5) Improve the timeliness of the timber product 

22 output program and accessibility of the annualized 

23 information on that database. 

24 (6) Foster greater cooperation among the forest 

25 inventory and analysis program, research station 


rfrederick on DSK6VPTVN1PROD with BILLS
482 

•HR 1947 RH

1 leaders, and State foresters and other users of infor2 mation from the forest inventory and analysis. 

3 (7) Promote availability of and access to non4 Federal resources to improve information analysis 

5 and information management. 

6 (8) Collaborate with the Natural Resources Con7 servation Service, National Aeronautics and Space 

8 Administration, National Oceanic and Atmospheric 

9 Administration, and United States Geological Survey 

10 to integrate remote sensing, spatial analysis tech11 niques, and other new technologies in the forest inven12 tory and analysis program. 

13 (9) Understand and report on changes in land 

14 cover and use. 

15 (10) Expand existing programs to promote sus16 tainable forest stewardship through increased under17 standing, in partnership with other Federal agencies, 

18 of the over 10 million family forest owners, their de19 mographics, and the barriers to forest stewardship. 

20 (11) Implement procedures to improve the statis21 tical precision of estimates at the sub-State level. 

22 (c) SUBMISSION OF REVISED STRATEGIC PLAN.—The 

23 Secretary of Agriculture shall submit the revised strategic 

24 plan to the Committee on Agriculture of the House of RepVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
483 

•HR 1947 RH

1 resentatives and the Committee on Agriculture, Nutrition, 

2 and Forestry of the Senate. 

3 SEC. 8402. FOREST SERVICE PARTICIPATION IN ACES PRO4 GRAM. 

5 The Secretary of Agriculture, acting through the Chief 

6 of the Forest Service, may use funds derived from conserva7 tion-related programs executed on National Forest System 

8 lands to utilize the Agriculture Conservation Experienced 

9 Services Program established pursuant to section 1252 of 

10 the Food Security Act of 1985 (16 U.S.C. 3851) to provide 

11 technical services for conservation-related programs and au12 thorities carried out by the Secretary on National Forest 

13 System lands. 

14 SEC. 8403. GREEN SCIENCE AND TECHNOLOGY TRANSFER 

15 RESEARCH UNDER FOREST AND RANGELAND 

16 RENEWABLE RESOURCES RESEARCH ACT OF 

17 1978. 

18 (a) ADDITIONAL FORESTRY AND RANGELAND RE19 SEARCH AND EDUCATION HIGH PRIORITY.—Section 

20 3(d)(2) of the Forest and Rangeland Renewable Resources 

21 Research Act of 1978 (16 U.S.C. 1642(d)(2)) is amended 

22 by adding at the end the following new subparagraph: 

23 ‘‘(F) Science and technology transfer, 

24 through the Forest Products Laboratory, to dem25 onstrate the beneficial characteristics of wood as 


rfrederick on DSK6VPTVN1PROD with BILLS
484 

•HR 1947 RH

1 a green building material, including investments 

2 in life cycle assessment for wood products.’’. 

3 (b) RESEARCH FACILITIES AND COOPERATION.—Sec4 tion 4 of the Forest and Rangeland Renewable Resources 

5 Research Act of 1978 (16 U.S.C. 1643) is amended by add6 ing at the end the following new subsection: 

7 ‘‘(e) The Secretary shall submit to the Committee on 

8 Agriculture of the House of Representatives and the Com9 mittee on Agriculture, Nutrition, and Forestry of the Senate 

10 an annual report describing, for the period covered by the 

11 report— 

12 ‘‘(1) the research conducted in furtherance of the 

13 research and education priority specified in section 

14 3(d)(2)(F); 

15 ‘‘(2) the number of buildings the Forest Service 

16 has built with wood as the primary structural mate17 rial; and 

18 ‘‘(3) the investments made by the Forest Service 

19 in green building wood promotion.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
485 

•HR 1947 RH

1 SEC. 8404. EXTENSION OF STEWARDSHIP CONTRACTS AU2 THORITY REGARDING USE OF DESIGNATION 

3 BY PRESCRIPTION TO ALL THINNING SALES 

4 UNDER NATIONAL FOREST MANAGEMENT 

5 ACT OF 1976. 

6 Subsection (g) of section 14 of the National Forest 

7 Management Act of 1976 (16 U.S.C. 472a) is amended to 

8 read as follows: 

9 ‘‘(g) Designation, including but not limited to, mark10 ing when necessary, designation by description, or designa11 tion by prescription, and supervision of harvesting of trees, 

12 portions of trees, or forest products shall be conducted by 

13 persons employed by the Secretary of Agriculture. Such per14 sons shall have no personal interest in the purchase or har15 vest of such products and shall not be directly or indirectly 

16 in the employment of the purchaser thereof. Designation by 

17 prescription and designation by prescription shall be con18 sidered valid methods for designation, and may be super19 vised by use of post-harvest cruise, sample weight scaling, 

20 or other methods determined by the Secretary to be appro21 priate.’’. 

22 SEC. 8405. REIMBURSEMENT OF FIRE FUNDS EXPENDED BY 

23 A STATE FOR MANAGEMENT AND SUPPRES24 SION OF CERTAIN WILDFIRES. 

25 (a) DEFINITION OF STATE.—In this section, the term 

26 ‘‘State’’ includes the Commonwealth of Puerto Rico. 


rfrederick on DSK6VPTVN1PROD with BILLS
486 

•HR 1947 RH

1 (b) REIMBURSEMENT AUTHORITY.—If a State seeks re2 imbursement for amounts expended for resources and serv3 ices provided to another State for the management and sup4 pression of a wildfire, the Secretary of Agriculture, subject 

5 to subsections (c) and (d)— 

6 (1) may accept the reimbursement amounts from 

7 the other State; and 

8 (2) shall pay those amounts to the State seeking 

9 reimbursement. 

10 (c) MUTUAL ASSISTANCE AGREEMENT.—As a condi11 tion of seeking and providing reimbursement under sub12 section (b), the State seeking reimbursement and the State 

13 providing reimbursement must each have a mutual assist14 ance agreement with the Forest Service or an agency of the 

15 Department of the Interior for providing and receiving 

16 wildfire management and suppression resources and serv17 ices. 

18 (d) TERMS AND CONDITIONS.—The Secretary of Agri19 culture may prescribe the terms and conditions determined 

20 to be necessary to carry out subsection (b). 

21 (e) EFFECT ON PRIOR REIMBURSEMENTS.—Any ac22 ceptance of funds or reimbursements made by the Secretary 

23 of Agriculture before the date of enactment of this Act that 

24 otherwise would have been authorized under this section 


rfrederick on DSK6VPTVN1PROD with BILLS
487 

•HR 1947 RH

1 shall be considered to have been made in accordance with 

2 this section. 

3 SEC. 8406. ABILITY OF NATIONAL FOREST SYSTEM LANDS 

4 TO MEET NEEDS OF LOCAL WOOD PRO5 DUCING FACILITIES FOR RAW MATERIALS. 

6 Not later than one year after the date of the enactment 

7 of this Act, the Secretary of Agriculture shall submit to Con8 gress a report containing— 

9 (1) an assessment of the raw material needs of 

10 wood producing facilities located within the bound11 aries of each unit of the National Forest System or 

12 located outside of the unit, but within 100 miles of 

13 such boundaries; 

14 (2) the volume of timber which would be avail15 able if the unit of the National Forest System annu16 ally sold its Allowable Sale Quantity in the current 

17 Forest Plan; 

18 (3) the volume of timber actually sold and har19 vested from each unit of the National Forest System 

20 for the previous decade, 

21 (4) a comparison of the volume actually sold and 

22 harvested from the previous decade to the Allowable 

23 Sale Quantity calculated in that decade by preceding 

24 or current forest plans; and 


rfrederick on DSK6VPTVN1PROD with BILLS
488 

•HR 1947 RH

1 (5) an assessment of the ability of each unit of 

2 National Forest System to meet the needs of these fa3 cilities for raw materials. 

4 SEC. 8407. REPORT ON THE NATIONAL FOREST SYSTEM 

5 ROADS. 

6 Not later than 90 days after the date of the enactment 

7 of this Act, the Secretary shall submit to Congress a report 

8 on the following: 

9 (1) The total mileage of National Forest System 

10 roads and trails not meeting forest plan standards 

11 and guidelines. 

12 (2) The total amount, in dollars, of Capital Im13 provement & Maintenance deferred maintenance 

14 needs for National Forest System roads, including a 

15 five-year analysis in the trend in total deferred main16 tenance costs. 

17 (3) The sources of funds used for capital im18 provement & maintenance roads, including appro19 priated funds, mandatory funds, and receipts from 

20 activities on National Forest System lands. 

21 (4) The impact of road closures on recreational 

22 activities and timber harvesting. 

23 (5) The impact on land acquisitions, whether 

24 through fee acquisition, donation, or easement, on the 

25 maintenance backlog. 


rfrederick on DSK6VPTVN1PROD with BILLS
489 

•HR 1947 RH

1 TITLE IX—ENERGY 

2 SEC. 9001. DEFINITION OF RENEWABLE ENERGY SYSTEM. 

3 Section 9001 of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 8101) is amended by— 

5 (1) striking paragraph (4) and inserting the fol6 lowing new paragraph: 

7 ‘‘(4) BIOBASED PRODUCT.— 

8 ‘‘(A) IN GENERAL.—The term ‘biobased 

9 product’ means a product determined by the Sec10 retary to be a commercial or industrial product 

11 (other than food or feed) that is— 

12 ‘‘(i) composed, in whole or in signifi13 cant part, of biological products, including 

14 renewable domestic agricultural materials 

15 and forestry materials; or 

16 ‘‘(ii) an intermediate ingredient or 

17 feedstock. 

18 ‘‘(B) INCLUSION.—The term ‘biobased prod19 uct’, with respect to forestry materials, includes 

20 forest products that meet biobased content re21 quirements, notwithstanding the market share 

22 the product holds, the age of the product, or 

23 whether the market for the product is new or 

24 emerging.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
490 

•HR 1947 RH

1 (2) redesignating paragraphs (9), (10), (11), 

2 (12), (13), and (14) as paragraphs (10), (11), (12), 

3 (13), (14), and (16); 

4 (3) inserting after paragraph (8), the following 

5 new paragraph: 

6 ‘‘(9) FOREST PRODUCT.— 

7 ‘‘(A) IN GENERAL.—The term ‘forest prod8 uct’ means a product made from materials de9 rived from the practice of forestry or the man10 agement of growing timber. 

11 ‘‘(B) INCLUSIONS.—The term ‘forest prod12 uct’ includes— 

13 ‘‘(i) pulp, paper, paperboard, pellets, 

14 lumber, and other wood products; and 

15 ‘‘(ii) any recycled products derived 

16 from forest materials.’’; and 

17 (4) inserting after paragraph (14) (as so redesig18 nated), the following new paragraph: 

19 ‘‘(15) RENEWABLE ENERGY SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the term ‘renewable energy system’ 

22 means a system that— 

23 ‘‘(i) produces usable energy from a re24 newable energy source; and 


rfrederick on DSK6VPTVN1PROD with BILLS
491 

•HR 1947 RH

1 ‘‘(ii) may include distribution compo2 nents necessary to move energy produced by 

3 such system to the initial point of sale. 

4 ‘‘(B) LIMITATION.—A system described in 

5 subparagraph (A) may not include a mechanism 

6 for dispensing energy at retail.’’. 

7 SEC. 9002. BIOBASED MARKETS PROGRAM. 

8 Section 9002(h) of the Farm Security and Rural In9 vestment Act of 2002 (7 U.S.C. 8102(h)) is amended by— 

10 (1) striking ‘‘(h) FUNDING.—’’ and all that fol11 lows through ‘‘to carry out this section, there’’ and in12 serting ‘‘(h) FUNDING.—There’’; and 

13 (2) striking ‘‘2013’’ and inserting ‘‘2018’’. 

14 SEC. 9003. BIOREFINERY ASSISTANCE. 

15 (a) PROGRAM ADJUSTMENTS.—Section 9003 of the 

16 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

17 8103) is amended— 

18 (1) in subsection (c), by striking ‘‘to eligible enti19 ties’’ and all that follows through ‘‘guarantees for 

20 loans’’ and inserting ‘‘to eligible entities guarantees 

21 for loans’’; 

22 (2) by striking subsection (d); 

23 (3) by redesignating subsections (e), (f), (g), and 

24 (h) as subsections (d), (e), (f), and (g), respectively; 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
492 

•HR 1947 RH

1 (4) in subsection (d) (as so redesignated)— 

2 (A) by striking ‘‘subsection (c)(2)’’ each 

3 place it appears and inserting ‘‘subsection (c)’’; 

4 and 

5 (B) in paragraph (2)(C), by striking ‘‘sub6 section (h)’’ and inserting ‘‘subsection (g)’’. 

7 (b) FUNDING.—Section 9003(g) of the Farm Security 

8 and Rural Investment Act of 2002, as redesignated by sub9 section (a)(3), is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new para21 graph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $75,000,000 for each of fiscal years 2014 

25 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
493 

•HR 1947 RH

1 SEC. 9004. REPOWERING ASSISTANCE PROGRAM. 

2 Section 9004(d) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8104(d)) is amended— 

4 (1) by striking paragraph (1); 

5 (2) by redesignating paragraph (2) as para6 graph (1); 

7 (3) in paragraph (1) (as so redesignated)— 

8 (A) in the heading, by striking ‘‘DISCRE9 TIONARY FUNDING’’ and inserting ‘‘FISCAL

10 YEARS 2009 THROUGH 2013’’; and 

11 (B) by striking ‘‘In addition to any other 

12 funds made available to carry out this section, 

13 there’’ and inserting ‘‘There’’; and 

14 (4) by adding at the end the following new para15 graph: 

16 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

17 There are authorized to be appropriated to carry out 

18 this section $10,000,000 for each of fiscal years 2014 

19 through 2018.’’. 

20 SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED 

21 BIOFUELS. 

22 Section 9005(g) of the Farm Security and Rural In23 vestment Act of 2002 (7 U.S.C. 8105(c)) is amended— 

24 (1) by striking paragraph (1); 

25 (2) by redesignating paragraph (2) as para26 graph (1); 


rfrederick on DSK6VPTVN1PROD with BILLS
494 

•HR 1947 RH

1 (3) in paragraph (1) (as so redesignated)— 

2 (A) in the heading, by striking ‘‘DISCRE3 TIONARY FUNDING’’ and inserting ‘‘FISCAL

4 YEARS 2009 THROUGH 2013’’; and 

5 (B) by striking ‘‘In addition to any other 

6 funds made available to carry out this section, 

7 there’’ and inserting ‘‘There’’; and 

8 (4) by inserting after paragraph (1) (as so redes9 ignated) the following new paragraph: 

10 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

11 There are authorized to be appropriated to carry out 

12 this section $50,000,000 for each of fiscal years 2014 

13 through 2018.’’. 

14 SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 

15 Section 9006(d) of the Farm Security and Rural In16 vestment Act of 2002 (7 U.S.C. 8106(d)) is amended— 

17 (1) by striking paragraph (1); 

18 (2) by redesignating paragraph (2) as para19 graph (1); 

20 (3) in the heading of paragraph (1) (as so redes21 ignated), by striking ‘‘AUTHORIZATION OF APPRO22 PRIATIONS’’ and inserting ‘‘FISCAL YEAR 2013’’; and 

23 (4) by adding at the end the following new para24 graph: 


rfrederick on DSK6VPTVN1PROD with BILLS
495 

•HR 1947 RH

1 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

2 There are authorized to be appropriated to carry out 

3 this section $2,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 

6 (a) PROGRAM ADJUSTMENTS.— 

7 (1) REPEAL OF FEASIBILITY STUDIES.—Section 

8 9007(c) of the Farm Security and Rural Investment 

9 Act of 2002 (7 U.S.C. 8107(c)) is amended by strik10 ing paragraph (3). 

11 (2) TIERED APPLICATION PROCESS.—Section 

12 9007(c) of the Farm Security and Rural Investment 

13 Act of 2002 (7 U.S.C. 8107(c)) is further amended— 

14 (A) by redesignating paragraph (2) as 

15 paragraph (3); and 

16 (B) by inserting after paragraph (1) the fol17 lowing new paragraph: 

18 ‘‘(2) TIERED APPLICATION PROCESS.—In car19 rying out this subsection, the Secretary shall establish 

20 a three-tiered application, evaluation, and oversight 

21 process that varies based on the cost of the proposed 

22 project with the process most simplified for projects 

23 referred to in subparagraph (A), more comprehensive 

24 for projects referred to in subparagraph (B), and most 

25 comprehensive for projects referred to in subparaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
496 

•HR 1947 RH

1 graph (C). The three tiers for such process shall be as 

2 follows: 

3 ‘‘(A) TIER 1.—Projects for which the cost of 

4 the project funded under this subsection is not 

5 more than $80,000. 

6 ‘‘(B) TIER 2.—Projects for which the cost of 

7 the project funded under this subsection is more 

8 than $80,000 but less than $200,000. 

9 ‘‘(C) TIER 3.—Projects for which the cost of 

10 the project funded under this subsection is 

11 $200,000 or more.’’. 

12 (b) FUNDING.—Section 9007(g) of the Farm Security 

13 and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is 

14 amended— 

15 (1) by striking paragraphs (1) and (2); 

16 (2) by redesignating paragraph (3) as para17 graph (1); 

18 (3) in paragraph (1) (as so redesignated)— 

19 (A) in the heading, by striking ‘‘DISCRE20 TIONARY FUNDING’’ and inserting ‘‘FISCAL

21 YEARS 2009 THROUGH 2013’’; and 

22 (B) by striking ‘‘In addition to any other 

23 funds made available to carry out this section, 

24 there’’ and inserting ‘‘There’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
497 

•HR 1947 RH

1 (4) by adding at the end the following new para2 graph: 

3 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

4 There are authorized to be appropriated to carry out 

5 this section $45,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 

8 Section 9008(h) of the Farm Security and Rural In9 vestment Act of 2002 (7 U.S.C. 8108(h)) is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new para21 graph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $20,000,000 for each of fiscal years 2014 

25 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
498 

•HR 1947 RH

1 SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO2 ENERGY PRODUCERS. 

3 Section 9010(b) of the Farm Security and Rural In4 vestment Act of 2002 (7 U.S.C. 8110(b)) is amended— 

5 (1) in paragraph (1)(A), by striking ‘‘2013’’ and 

6 inserting ‘‘2018’’; and 

7 (2) in paragraph (2)(A), by striking ‘‘2013’’ and 

8 inserting ‘‘2018’’. 

9 SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM. 

10 Section 9011 of the Farm Security and Rural Invest11 ment Act of 2002 (7 U.S.C. 8111) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (6); and 

14 (B) by redesignating paragraphs (7) and 

15 (8) as paragraphs (6) and (7), respectively; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘Program to’’ and all that 

18 follows through ‘‘support the establishment’’ and 

19 inserting ‘‘Program to support the establish20 ment’’; 

21 (B) by striking ‘‘; and’’ and inserting a pe22 riod; and 

23 (C) by striking paragraph (2); 

24 (3) in subsection (c)— 

25 (A) in paragraph (2)(B)— 


rfrederick on DSK6VPTVN1PROD with BILLS
499 

•HR 1947 RH

1 (i) in clause (viii), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (ii) by redesignating clause (ix) as 

4 clause (x); and 

5 (iii) by inserting after clause (viii) the 

6 following new clause: 

7 ‘‘(ix) existing project areas that have 

8 received funding under this section and the 

9 continuation of funding of such project 

10 areas to advance the maturity of such 

11 project areas; and’’; and 

12 (B) in paragraph (5)(C)(ii)— 

13 (i) by striking subclause (III); and 

14 (ii) by redesignating subclauses (IV) 

15 and (V) as subclauses (III) and (IV), re16 spectively; 

17 (4) by striking subsection (d); 

18 (5) by redesignating subsections (e) and (f) as 

19 subsections (d) and (e), respectively; and 

20 (6) in subsection (e) (as so redesignated)— 

21 (A) by striking paragraph (1); 

22 (B) by redesignating paragraph (2) as 

23 paragraph (1); 

24 (C) in paragraph (1) (as so redesignated)— 


rfrederick on DSK6VPTVN1PROD with BILLS
500 

•HR 1947 RH

1 (i) by striking ‘‘FISCAL YEAR 2013’’ 

2 and all that follows through ‘‘There is au3 thorized’’ and inserting ‘‘FISCAL YEAR

4 2013.—There is authorized’’; and 

5 (ii) by redesignating subparagraph (B) 

6 as paragraph (3) and moving the margin of 

7 such paragraph (as so redesignated) two 

8 ems to the left; 

9 (D) by inserting after paragraph (1), the 

10 following new paragraph: 

11 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

12 There are authorized to be appropriated to carry out 

13 this section $75,000,000 for each of fiscal years 2014 

14 through 2018.’’; and 

15 (E) in paragraph (3) (as redesignated by 

16 subparagraph (C)(ii) of this paragraph), by 

17 striking ‘‘this paragraph’’ and inserting ‘‘this 

18 subsection’’. 

19 SEC. 9011. COMMUNITY WOOD ENERGY PROGRAM. 

20 Section 9013(e) of the Farm Security and Rural In21 vestment Act of 2002 (7 U.S.C. 8113(e)) is amended by 

22 striking ‘‘carry out this section’’ and all that follows and 

23 inserting the following: ‘‘carry out this section— 

24 ‘‘(1) $5,000,000 for each of fiscal years 2009 

25 through 2013; and 


rfrederick on DSK6VPTVN1PROD with BILLS
501 

•HR 1947 RH

1 ‘‘(2) $2,000,000 for each of fiscal years 2014 

2 through 2018.’’. 

3 SEC. 9012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY. 

4 Section 9002 of the Food, Conservation, and Energy 

5 Act of 2008 (Public Law 110–246; 122 Stat. 2095) is re6 pealed. 

7 SEC. 9013. REPEAL OF RENEWABLE FERTILIZER STUDY. 

8 Section 9003 of the Food, Conservation, and Energy 

9 Act of 2008 (Public Law 110–246; 122 Stat. 2096) is re10 pealed. 

11 TITLE X—HORTICULTURE 

12 SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 

13 Section 10107(b) of the Food, Conservation, and En14 ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking 

15 ‘‘2012’’ and inserting ‘‘2018’’. 

16 SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE 

17 MOVEMENT OF SPECIALTY CROPS. 

18 Effective October 1, 2013, section 10403 of the Food, 

19 Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is 

20 repealed. 

21 SEC. 10003. FARMERS MARKET AND LOCAL FOOD PRO22 MOTION PROGRAM. 

23 Section 6 of the Farmer-to-Consumer Direct Marketing 

24 Act of 1976 (7 U.S.C. 3005) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
502 

•HR 1947 RH

1 (1) in the heading of such section, by inserting 

2 ‘‘AND LOCAL FOOD’’ after ‘‘FARMERS’ MARKET’’; 

3 (2) in subsection (a)— 

4 (A) by inserting ‘‘and Local Food’’ after 

5 ‘‘Farmers’ Market’’; 

6 (B) by striking ‘‘farmers’ markets and to 

7 promote’’; and 

8 (C) by striking the period and inserting 

9 ‘‘and assist in the development of local food busi10 ness enterprises.’’; 

11 (3) by striking subsection (b) and inserting the 

12 following new subsection: 

13 ‘‘(b) PROGRAM PURPOSES.—The purposes of the Pro14 gram are to increase domestic consumption of, and con15 sumer access to, locally and regionally produced agricul16 tural products by assisting in the development, improve17 ment, and expansion of— 

18 ‘‘(1) domestic farmers’ markets, roadside stands, 

19 community-supported agriculture programs, 

20 agritourism activities, and other direct producer-to21 consumer market opportunities; and 

22 ‘‘(2) local and regional food business enterprises 

23 that process, distribute, aggregate, and store locally or 

24 regionally produced food products.’’; 

25 (4) in subsection (c)(1)— 


rfrederick on DSK6VPTVN1PROD with BILLS
503 

•HR 1947 RH

1 (A) by inserting ‘‘or other agricultural busi2 ness entity’’ after ‘‘cooperative’’; and 

3 (B) by inserting ‘‘, including a community 

4 supported agriculture network or association’’ 

5 after ‘‘association’’; 

6 (5) by redesignating subsection (e) as subsection 

7 (f); 

8 (6) by inserting after subsection (d) the following 

9 new subsection: 

10 ‘‘(e) FUNDS REQUIREMENTS FOR ELIGIBLE ENTI11 TIES.— 

12 ‘‘(1) MATCHING FUNDS.—An entity receiving a 

13 grant under this section for a project to carry out a 

14 purpose described in subsection (b)(2) shall provide 

15 matching funds in the form of cash or an in-kind 

16 contribution in an amount equal to 25 percent of the 

17 total cost of such project. 

18 ‘‘(2) LIMITATION ON USE OF FUNDS.—An eligible 

19 entity may not use a grant or other assistance pro20 vided under this section for the purchase, construc21 tion, or rehabilitation of a building or structure.’’; 

22 and 

23 (7) in subsection (f) (as redesignated by para24 graph (5))— 

25 (A) in paragraph (1)— 


rfrederick on DSK6VPTVN1PROD with BILLS
504 

•HR 1947 RH

1 (i) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 the period at the end and inserting ‘‘; and’’; 

5 and 

6 (iii) by adding at the end the following 

7 new subparagraph: 

8 ‘‘(D) $30,000,000 for each of fiscal years 

9 2014 through 2018.’’; 

10 (B) by striking paragraphs (3) and (5); 

11 (C) by redesignating paragraph (4) as 

12 paragraph (6); and 

13 (D) by inserting after paragraph (2) the fol14 lowing new paragraphs: 

15 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this section $10,000,000 for each of fiscal years 2014 

18 through 2018. 

19 ‘‘(4) USE OF FUNDS.—Of the funds made avail20 able to carry out this section for a fiscal year, 50 per21 cent of such funds shall be used for the purposes de22 scribed in paragraph (1) of subsection (b) and 50 per23 cent of such funds shall be used for the purposes de24 scribed in paragraph (2) of such subsection. 


rfrederick on DSK6VPTVN1PROD with BILLS
505 

•HR 1947 RH

1 ‘‘(5) LIMITATION ON ADMINISTRATIVE EX2 PENSES.—Not more than 3 percent of the total 

3 amount made available to carry out this section for 

4 a fiscal year may be used for administrative ex5 penses.’’. 

6 SEC. 10004. ORGANIC AGRICULTURE. 

7 (a) ORGANIC PRODUCTION AND MARKET DATA INITIA8 TIVES.—Section 7407(d)(2) of the Farm Security and 

9 Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(2)) is 

10 amended— 

11 (1) in the heading of such paragraph, by striking 

12 ‘‘2008 THROUGH 2012’’ and inserting ‘‘2014 THROUGH

13 2018’’; and 

14 (2) by striking ‘‘2008 through 2012’’ and insert15 ing ‘‘2014 through 2018’’. 

16 (b) MODERNIZATION AND TECHNOLOGY UPGRADE FOR

17 NATIONAL ORGANIC PROGRAM.—Section 2122 of the Or18 ganic Foods Production Act of 1990 (7 U.S.C. 6521) is 

19 amended by adding at the end the following new subsection: 

20 ‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE

21 FOR NATIONAL ORGANIC PROGRAM.—The Secretary shall 

22 modernize database and technology systems of the national 

23 organic program.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS FOR NA25 TIONAL ORGANIC PROGRAM.—Effective October 1, 2013, 


rfrederick on DSK6VPTVN1PROD with BILLS
506 

•HR 1947 RH

1 section 2123(b)(6) of the Organic Foods Production Act of 

2 1990 (7 U.S.C. 6522(b)(6)) is amended to read as follows: 

3 ‘‘(6) $11,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 (d) NATIONAL ORGANIC CERTIFICATION COST-SHARE

6 PROGRAM.—Effective October 1, 2013, section 10606 of the 

7 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 

8 6523) is repealed. 

9 (e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS

10 FROM PROMOTION ORDER ASSESSMENTS.—Subsection (e) 

11 of section 501 of the Federal Agriculture Improvement and 

12 Reform Act of 1996 (7 U.S.C. 7401) is amended to read 

13 as follows: 

14 ‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS

15 FROM PROMOTION ORDER ASSESSMENTS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any provi17 sion of a commodity promotion law, a person that 

18 produces, handles, markets, or imports organic prod19 ucts may be exempt from the payment of an assess20 ment under a commodity promotion law with respect 

21 to any agricultural commodity that is certified as ‘or22 ganic’ or ‘100 percent organic’ (as defined in part 

23 205 of title 7, Code of Federal Regulations or a suc24 cessor regulation). 


rfrederick on DSK6VPTVN1PROD with BILLS
507 

•HR 1947 RH

1 ‘‘(2) SPLIT OPERATIONS.—The exemption de2 scribed in paragraph (1) shall apply to the certified 

3 ‘organic’ or ‘100 percent organic’ (as defined in part 

4 205 of title 7 of the Code of Federal Regulations (or 

5 a successor regulation) products of a producer, han6 dler, or marketer regardless of whether the agricul7 tural commodity subject to the exemption is produced, 

8 handled, or marketed by a person that also produces, 

9 handles, or markets conventional or nonorganic agri10 cultural products, including conventional or non11 organic agricultural products of the same agricultural 

12 commodity as that for which the exemption is 

13 claimed. 

14 ‘‘(3) APPROVAL.—The Secretary shall approve 

15 the exemption of a person under this subsection if the 

16 person maintains a valid organic certificate issued 

17 under the Organic Foods Production Act of 1990 (7 

18 U.S.C. 6501 et seq.). 

19 ‘‘(4) TERMINATION OF EFFECTIVENESS.—This 

20 subsection shall be effective until the date on which 

21 the Secretary issues an organic commodity promotion 

22 order in accordance with subsection (f). 

23 ‘‘(5) REGULATIONS.—The Secretary shall pro24 mulgate regulations concerning eligibility and com25 pliance for an exemption under paragraph (1).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
508 

•HR 1947 RH

1 (f) ORGANIC COMMODITY PROMOTION ORDER.—Sec2 tion 501 of the Federal Agriculture Improvement and Re3 form Act of 1996 (7 U.S.C. 7401) is amended by adding 

4 at the end the following new subsection: 

5 ‘‘(f) ORGANIC COMMODITY PROMOTION ORDER.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) CERTIFIED ORGANIC FARM.—The term 

8 ‘certified organic farm’ has the meaning given 

9 the term in section 2103 of the Organic Foods 

10 Production Act of 1990 (7 U.S.C. 6502). 

11 ‘‘(B) COVERED PERSON.—The term ‘covered 

12 person’ means a producer, handler, marketer, or 

13 importer of an organic agricultural commodity. 

14 ‘‘(C) DUAL-COVERED AGRICULTURAL COM15 MODITY.—The term ‘dual-covered agricultural 

16 commodity’ means an agricultural commodity 

17 that— 

18 ‘‘(i) is produced on a certified organic 

19 farm; and 

20 ‘‘(ii) is covered under both— 

21 ‘‘(I) an organic commodity pro22 motion order issued pursuant to para23 graph (2); and 


rfrederick on DSK6VPTVN1PROD with BILLS
509 

•HR 1947 RH

1 ‘‘(II) any other agricultural com2 modity promotion order issued under 

3 section 514. 

4 ‘‘(2) AUTHORIZATION.—The Secretary may issue 

5 an organic commodity promotion order under section 

6 514 that includes any agricultural commodity that— 

7 ‘‘(A) is produced or handled (as defined in 

8 section 2103 of the Organic Foods Production 

9 Act of 1990 (7 U.S.C. 6502)) and that is cer10 tified to be sold or labeled as ‘organic’ or ‘100 

11 percent organic’ (as defined in part 205 of title 

12 7, Code of Federal Regulations or a successor 

13 regulation)); or 

14 ‘‘(B) is imported with a valid organic cer15 tificate (as defined in such part). 

16 ‘‘(3) ELECTION.—If the Secretary issues an or17 ganic commodity promotion order described in para18 graph (2), a covered person may elect, for applicable 

19 dual-covered agricultural commodities and in the sole 

20 discretion of the covered person, whether to be assessed 

21 under the organic commodity promotion order or an22 other applicable agricultural commodity promotion 

23 order. 


rfrederick on DSK6VPTVN1PROD with BILLS
510 

•HR 1947 RH

1 ‘‘(4) REGULATIONS.—The Secretary shall pro2 mulgate regulations concerning eligibility and com3 pliance for an exemption under paragraph (1).’’. 

4 (g) DEFINITION OF AGRICULTURAL COMMODITY.—Sec5 tion 513(1) of the Commodity Promotion, Research, and In6 formation Act of 1996 (7 U.S.C. 7412(1)) is amended— 

7 (1) by redesignating subparagraphs (E) and (F) 

8 as subparagraphs (F) and (G), respectively; and 

9 (2) by inserting after subparagraph (D) the fol10 lowing new subparagraph: 

11 ‘‘(E) products, as a class, that are produced 

12 on a certified organic farm (as defined in section 

13 2103 of the Organic Foods Production Act of 

14 1990 (7 U.S.C. 6502)) and that are certified to 

15 be sold or labeled as ‘organic’ or ‘100 percent or16 ganic’ (as defined in part 205 of title 7, Code of 

17 Federal Regulations or a successor regulation));’’. 

18 SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE 

19 ORGANIC FOODS PRODUCTION ACT OF 1990. 

20 The Organic Foods Production Act of 1990 is amended 

21 by inserting after section 2122 (7 U.S.C. 6521) the fol22 lowing new section: 

23 ‘‘SEC. 2122A. INVESTIGATION AND ENFORCEMENT. 

24 ‘‘(a) EXPEDITED ADMINISTRATIVE HEARING.—The 

25 Secretary shall establish an expedited administrative hearVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
511 

•HR 1947 RH

1 ing procedure under which the Secretary may suspend or 

2 revoke the organic certification of a producer or handler 

3 or the accreditation of a certifying agent in accordance with 

4 subsection (d). Such a hearing may be conducted in addi5 tion to a hearing conducted pursuant to section 2120. 

6 ‘‘(b) INVESTIGATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary may take such 

8 investigative actions as the Secretary considers to be 

9 necessary to carry out this title— 

10 ‘‘(A) to verify the accuracy of any informa11 tion reported or made available under this title; 

12 and 

13 ‘‘(B) to determine, with regard to actions, 

14 practices, or information required under this 

15 title, whether a person covered by this title has 

16 committed a violation of this title. 

17 ‘‘(2) INVESTIGATIVE POWERS.—The Secretary 

18 may administer oaths and affirmations, subpoena 

19 witnesses, compel attendance of witnesses, take evi20 dence, and require the production of any records re21 quired to be maintained under section 2112(d) or 

22 2116(c) that are relevant to the investigation. 

23 ‘‘(c) UNLAWFUL ACT.—It shall be unlawful and a vio24 lation of this title for any person covered by this title— 


rfrederick on DSK6VPTVN1PROD with BILLS
512 

•HR 1947 RH

1 ‘‘(1) to refuse to provide information required by 

2 the Secretary under this title; or 

3 ‘‘(2) to violate— 

4 ‘‘(A) a suspension or revocation of the or5 ganic certification of a producer or handler; or 

6 ‘‘(B) a suspension or revocation of the ac7 creditation of a certifying agent. 

8 ‘‘(d) ENFORCEMENT.— 

9 ‘‘(1) SUSPENSION.— 

10 ‘‘(A) IN GENERAL.—The Secretary may, 

11 after notice and opportunity for an expedited 

12 administrative hearing, suspend the organic cer13 tification of a producer, handler or the accredita14 tion of a certifying agent if— 

15 ‘‘(i) the Secretary, during such expe16 dited administrative hearing, proved that— 

17 ‘‘(I) in the case of a producer or 

18 handler, the producer or handler— 

19 ‘‘(aa) has recklessly com20 mitted a violation of a term, con21 dition, or requirement of the or22 ganic plan to which the producer 

23 or handler is subject; or 


rfrederick on DSK6VPTVN1PROD with BILLS
513 

•HR 1947 RH

1 ‘‘(bb) has recklessly com2 mitted, or is recklessly commit3 ting, a violation of this title; or 

4 ‘‘(II) in the case of a certifying 

5 agent, the agent has recklessly com6 mitted, or is recklessly committing, a 

7 violation of this title; or 

8 ‘‘(ii) the producer, handler, or certi9 fying agent has waived such expedited ad10 ministrative hearing. 

11 ‘‘(B) ISSUANCE OF SUSPENSION.—A suspen12 sion issued under this paragraph shall be issued 

13 not later than five days after the date on 

14 which— 

15 ‘‘(i) the expedited administrative hear16 ing referred to in clause (i) of subparagraph 

17 (A) concludes; or 

18 ‘‘(ii) the Secretary receives notice of 

19 the waiver referred to in clause (ii) of such 

20 subparagraph. 

21 ‘‘(C) DURATION OF SUSPENSION.—The pe22 riod of a suspension issued under this paragraph 

23 shall be not more than 90 days, beginning on the 

24 date on which the Secretary issues the suspen25 sion. 


rfrederick on DSK6VPTVN1PROD with BILLS
514 

•HR 1947 RH

1 ‘‘(D) CURING OF VIOLATIONS.— 

2 ‘‘(i) IN GENERAL.—The Secretary may 

3 not issue a suspension of a certification or 

4 accreditation under this paragraph if the 

5 producer, handler, or certifying agent sub6 ject to such suspension— 

7 ‘‘(I) before the date on which the 

8 suspension would otherwise have been 

9 issued, cures, or corrects the deficiency 

10 giving rise to, the violation for which 

11 the certification or accreditation would 

12 have been suspended; or 

13 ‘‘(II) within a reasonable time14 frame (as determined by the Sec15 retary), enters into a settlement with 

16 the Secretary regarding a deficiency 

17 referred to in subclause (I). 

18 ‘‘(ii) DURING SUSPENSION.—The Sec19 retary shall terminate the suspension of an 

20 organic certification or accreditation issued 

21 under this paragraph if the producer, han22 dler, or certifying agent subject to such sus23 pension cures the violation for which the 

24 certification or accreditation was suspended 


rfrederick on DSK6VPTVN1PROD with BILLS
515 

•HR 1947 RH

1 under this paragraph before the date on 

2 which the period of the suspension ends. 

3 ‘‘(2) REVOCATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary may, 

5 after notice and opportunity for an expedited 

6 administrative hearing under this section and 

7 an expedited administrative appeal under sec8 tion 2121, revoke the organic certification of a 

9 producer or handler, or the accreditation of a 

10 certifying agent if— 

11 ‘‘(i) the Secretary, during such hear12 ing, proved that— 

13 ‘‘(I) in the case of a producer or 

14 handler, the producer or handler— 

15 ‘‘(aa) has knowingly com16 mitted an egregious violation of a 

17 term, condition, or requirement of 

18 the organic plan to which the pro19 ducer or handler is subject; or 

20 ‘‘(bb) has knowingly com21 mitted, or is knowingly commit22 ting, an egregious violation of this 

23 title; or 

24 ‘‘(II) in the case of a certifying 

25 agent, the agent has knowingly comVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
516 

•HR 1947 RH

1 mitted, or is knowingly committing, an 

2 egregious violation of this title; or 

3 ‘‘(ii) the producer, handler, or certi4 fying agent has waived such expedited ad5 ministrative hearing and such an expedited 

6 administrative appeal. 

7 ‘‘(B) INITIATION OF REVOCATION PRO8 CEEDINGS.— 

9 ‘‘(i) IN GENERAL.—If the Secretary 

10 finds, during an investigation or during the 

11 period of a suspension under paragraph (1), 

12 that a producer, handler, or certifying agent 

13 has knowingly committed an egregious vio14 lation of this title, the Secretary shall ini15 tiate revocation proceedings with respect to 

16 such violation not later than 30 days after 

17 the date on which the producer, handler, or 

18 certifying agent receives notice of such find19 ing in accordance with clause (ii). The Sec20 retary may not initiate revocation pro21 ceedings with respect to such violation after 

22 the date on which that 30-day period ends. 

23 ‘‘(ii) NOTICE.—Not later than five 

24 days after the date on which the Secretary 

25 makes the finding described in clause (i), 


rfrederick on DSK6VPTVN1PROD with BILLS
517 

•HR 1947 RH

1 the Secretary shall provide to the producer, 

2 handler, or certifying agent notice of such 

3 finding. 

4 ‘‘(e) APPEAL.— 

5 ‘‘(1) SUSPENSIONS.— 

6 ‘‘(A) IN GENERAL.—The suspension of a 

7 certification or accreditation under subsection 

8 (d)(1) by the Secretary may be appealed to a 

9 United States district court in accordance with 

10 section 2121(b) not later than 30 business days 

11 after the date on which the person subject to such 

12 suspension receives notice of the suspension. 

13 ‘‘(B) SUSPENSION FINAL AND CONCLU14 SIVE.—A suspension of a certification or accredi15 tation under subsection (d)(1) by the Secretary 

16 shall be final and conclusive— 

17 ‘‘(i) in the case of a suspension that is 

18 appealed under subparagraph (A) within 

19 the 30-day period specified in such subpara20 graph, on the date on which judicial review 

21 of such suspension is complete; or 

22 ‘‘(ii) in the case of a suspension that 

23 is not so appealed, the date on which such 

24 30-day period ends. 

25 ‘‘(2) REVOCATIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
518 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—The revocation of a cer2 tification or an accreditation under subsection 

3 (d)(2) by the Secretary may be appealed to a 

4 United States district court in accordance with 

5 section 2121(b) not later than 30 business days 

6 after the date on which the person subject to such 

7 revocation receives notice of the revocation. 

8 ‘‘(B) REVOCATION FINAL AND CONCLU9 SIVE.—A revocation of a certification or an ac10 creditation under subsection (d)(2) by the Sec11 retary shall be final and conclusive— 

12 ‘‘(i) in the case of a revocation that is 

13 appealed under subparagraph (A) within 

14 the 30-day period specified in such subpara15 graph, on the date on which judicial review 

16 of such revocation is complete; or 

17 ‘‘(ii) in the case of a revocation that is 

18 not so appealed, the date on which such 30- 

19 day period ends. 

20 ‘‘(3) STANDARDS FOR REVIEW OF SUSPENSIONS

21 AND REVOCATIONS.—A suspension or revocation of a 

22 certification or an accreditation under subsection (d) 

23 shall be reviewed in accordance with the standards of 

24 review specified in section 706(2) of title 5, United 

25 States Code. 


rfrederick on DSK6VPTVN1PROD with BILLS
519 

•HR 1947 RH

1 ‘‘(f) NONCOMPLIANCE.— 

2 ‘‘(1) IN GENERAL.—If a person covered by this 

3 title fails to obey a revocation of a certification or an 

4 accreditation under subsection (d)(2) after such rev5 ocation has become final and conclusive or after the 

6 appropriate United States district court has entered 

7 a final judgment in favor of the Secretary, the United 

8 States may apply to the appropriate United States 

9 district court for enforcement of such revocation. 

10 ‘‘(2) ENFORCEMENT.—If the court determines 

11 that the revocation was lawfully made and duly 

12 served and that the person violated the revocation, the 

13 court shall enforce the revocation. 

14 ‘‘(3) CIVIL PENALTY.—If the court finds that the 

15 person violated the revocation of a certification or an 

16 accreditation under subsection (d)(2), the person shall 

17 be subject to one or more of the penalties provided in 

18 subsections (a) and (b) of section 2120. 

19 ‘‘(g) VIOLATION OF THIS TITLE DEFINED.—In this 

20 section, the term ‘violation of this title’ means a violation 

21 specified in section 2120.’’. 

22 SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES. 

23 Section 10105(c) of the Food, Conservation, and En24 ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by striking 

25 ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
520 

•HR 1947 RH

1 SEC. 10007. SPECIALTY CROP BLOCK GRANTS. 

2 Section 101 of the Specialty Crops Competitiveness Act 

3 of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘subsection (j)’’ and insert7 ing ‘‘subsection (l)’’; and 

8 (B) by striking ‘‘2012’’ and inserting 

9 ‘‘2018’’; 

10 (2) by striking subsection (b) and inserting the 

11 following new subsection: 

12 ‘‘(b) GRANTS BASED ON VALUE AND ACREAGE.—Sub13 ject to subsection (c), for each State whose application for 

14 a grant for a fiscal year that is accepted by the Secretary 

15 under subsection (f), the amount of the grant for such fiscal 

16 year to the State under this section shall bear the same ratio 

17 to the total amount made available under subsection (l)(1) 

18 for such fiscal year as— 

19 ‘‘(1) the average of the most recent available 

20 value of specialty crop production in the State and 

21 the acreage of specialty crop production in the State, 

22 as demonstrated in the most recent Census of Agri23 culture data; bears to 

24 ‘‘(2) the average of the most recent available 

25 value of specialty crop production in all States and 

26 the acreage of specialty crop production in all States, 


rfrederick on DSK6VPTVN1PROD with BILLS
521 

•HR 1947 RH

1 as demonstrated in the most recent Census of Agri2 culture data.’’; 

3 (3) in subsection (d)— 

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

5 the end; 

6 (B) in paragraph (3), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(4) an assurance that any grant funds received 

11 under this section that are used for equipment or cap12 ital-related research costs determined to enhance the 

13 competitiveness of specialty crops— 

14 ‘‘(A) shall be supplemented by the expendi15 ture of State funds in an amount that is not less 

16 than 50 percent of such costs during the fiscal 

17 year in which such costs were incurred; and 

18 ‘‘(B) shall be completely replaced by State 

19 funds on the day after the date on which such 

20 fiscal year ends.’’; 

21 (4) by redesignating subsection (j) as subsection 

22 (l); 

23 (5) by inserting after subsection (i) the following 

24 new subsections: 


rfrederick on DSK6VPTVN1PROD with BILLS
522 

•HR 1947 RH

1 ‘‘(j) MULTISTATE PROJECTS.—Not later than 180 

2 days after the effective date of the Federal Agriculture Re3 form and Risk Management Act of 2013, the Secretary of 

4 Agriculture shall issue guidance for the purpose of making 

5 grants to multistate projects under this section for projects 

6 involving— 

7 ‘‘(1) food safety; 

8 ‘‘(2) plant pests and disease; 

9 ‘‘(3) research; 

10 ‘‘(4) crop-specific projects addressing common 

11 issues; and 

12 ‘‘(5) any other area that furthers the purposes of 

13 this section, as determined by the Secretary. 

14 ‘‘(k) ADMINISTRATION.— 

15 ‘‘(1) DEPARTMENT.—The Secretary of Agri16 culture may not use more than 3 percent of the funds 

17 made available to carry out this section for a fiscal 

18 year for administrative expenses. 

19 ‘‘(2) STATES.—A State receiving a grant under 

20 this section may not use more than 8 percent of the 

21 funds received under the grant for a fiscal year for 

22 administrative expenses.’’; and 

23 (6) in subsection (l) (as redesignated by para24 graph (4))— 


rfrederick on DSK6VPTVN1PROD with BILLS
523 

•HR 1947 RH

1 (A) by redesignating paragraphs (1), (2), 

2 and (3) as subparagraphs (A), (B), and (C), re3 spectively, and moving the margins of such sub4 paragraphs two ems to the right; 

5 (B) by striking ‘‘Of the funds’’ and insert6 ing the following: 

7 ‘‘(1) IN GENERAL.—Of the funds’’; 

8 (C) in paragraph (1) (as so designated)— 

9 (i) in subparagraph (B) (as redesig10 nated by subparagraph (A)), by striking 

11 ‘‘and’’ at the end; 

12 (ii) in subparagraph (C) (as redesig13 nated by subparagraph (A)), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (iii) by adding at the end the following 

17 new subparagraphs: 

18 ‘‘(D) $72,500,000 for fiscal years 2014 

19 through 2017; and 

20 ‘‘(E) $85,000,000 for fiscal year 2018.’’; 

21 and 

22 (D) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) MULTISTATE PROJECTS.—Of the funds 

25 made available under paragraph (1), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
524 

•HR 1947 RH

1 may use to carry out subsection (j), to remain avail2 able until expended— 

3 ‘‘(A) $1,000,000 for fiscal year 2014; 

4 ‘‘(B) $2,000,000 for fiscal year 2015; 

5 ‘‘(C) $3,000,000 for fiscal year 2016; 

6 ‘‘(D) $4,000,000 for fiscal year 2017; and 

7 ‘‘(E) $5,000,000 for fiscal year 2018.’’. 

8 SEC. 10008. REPORT ON HONEY. 

9 (a) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary of Agriculture, 

11 in consultation with persons affected by the potential estab12 lishment of a Federal standard for the identity of honey, 

13 shall submit to the Commissioner of Food and Drugs a re14 port describing how an appropriate Federal standard for 

15 the identity of honey would be in the interest of consumers, 

16 the honey industry, and United States agriculture. 

17 (b) CONSIDERATIONS.—In preparing the report re18 quired under subsection (a), the Secretary shall take into 

19 consideration the March 2006, Standard of Identity citizens 

20 petition filed with the Food and Drug Administration, in21 cluding any current industry amendments or clarifications 

22 necessary to update such petition. 

23 SEC. 10009. BULK SHIPMENTS OF APPLES TO CANADA. 

24 (a) BULK SHIPMENT OF APPLES TO CANADA.—Section 

25 4 of the Export Apple Act (7 U.S.C. 584) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
525 

•HR 1947 RH

1 (1) by striking ‘‘Apples in’’ and inserting ‘‘(a) 

2 Apples in’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) Apples may be shipped to Canada in bulk bins 

6 without complying with the provisions of this Act.’’. 

7 (b) DEFINITION OF BULK BIN.—Section 9 of the Ex8 port Apple Act (7 U.S.C. 589) is amended by adding at 

9 the end the following new paragraph: 

10 ‘‘(5) The term ‘bulk bin’ means a bin that contains 

11 a quantity of apples weighing more than 100 pounds.’’. 

12 (c) REGULATIONS.—Not later than 60 days after the 

13 date of the enactment of this Act, the Secretary of Agri14 culture shall issue regulations to carry out the amendments 

15 made by this section. 

16 SEC. 10010. INCLUSION OF OLIVE OIL IN IMPORT CON17 TROLS UNDER THE AGRICULTURAL ADJUST18 MENT ACT. 

19 Section 8e(a) of the Agricultural Adjustment Act (7 

20 U.S.C. 608e–1(a)) is amended by inserting ‘‘olive oil,’’ after 

21 ‘‘olives (other than Spanish-style green olives),’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
526 

•HR 1947 RH

1 SEC. 10011. CONSOLIDATION OF PLANT PEST AND DISEASE 

2 MANAGEMENT AND DISASTER PREVENTION 

3 PROGRAMS. 

4 (a) RELOCATION OF LEGISLATIVE LANGUAGE RELAT5 ING TO NATIONAL CLEAN PLANT NETWORK.—Section 420 

6 of the Plant Protection Act (7 U.S.C. 7721) is amended— 

7 (1) by redesignating subsection (e) as subsection 

8 (f); and 

9 (2) by inserting after subsection (d) the following 

10 new subsection: 

11 ‘‘(e) NATIONAL CLEAN PLANT NETWORK.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall establish 

13 a program to be known as the ‘National Clean Plant 

14 Network’ (referred to in this subsection as the ‘Pro15 gram’). 

16 ‘‘(2) REQUIREMENTS.—Under the Program, the 

17 Secretary shall establish a network of clean plant cen18 ters for diagnostic and pathogen elimination serv19 ices— 

20 ‘‘(A) to produce clean propagative plant 

21 material; and 

22 ‘‘(B) to maintain blocks of pathogen-tested 

23 plant material in sites located throughout the 

24 United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
527 

•HR 1947 RH

1 ‘‘(3) AVAILABILITY OF CLEAN PLANT SOURCE MA2 TERIAL.—Clean plant source material may be made 

3 available to— 

4 ‘‘(A) a State for a certified plant program 

5 of the State; and 

6 ‘‘(B) private nurseries and producers. 

7 ‘‘(4) CONSULTATION AND COLLABORATION.—In 

8 carrying out the Program, the Secretary shall— 

9 ‘‘(A) consult with— 

10 ‘‘(i) State departments of agriculture; 

11 and 

12 ‘‘(ii) land-grant colleges and univer13 sities and NLGCA Institutions (as those 

14 terms are defined in section 1404 of the Na15 tional Agricultural Research, Extension, 

16 and Teaching Policy Act of 1977 (7 U.S.C. 

17 3103)); and 

18 ‘‘(B) to the extent practicable and with 

19 input from the appropriate State officials and 

20 industry representatives, use existing Federal or 

21 State facilities to serve as clean plant centers. 

22 ‘‘(5) FUNDING FOR FISCAL YEAR 2013.—There is 

23 authorized to be appropriated to carry out the Pro24 gram $5,000,000 for fiscal year 2013.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
528 

•HR 1947 RH

1 (b) FUNDING.—Subsection (f) of section 420 of the 

2 Plant Protection Act (7 U.S.C. 7721) (as so redesignated) 

3 is amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (4), by striking ‘‘and each fis7 cal year thereafter.’’ and inserting a semicolon; and 

8 (3) by adding at the end the following new para9 graphs: 

10 ‘‘(5) $62,500,000 for fiscal years 2014 through 

11 2017; and 

12 ‘‘(6) $75,000,000 for fiscal year 2018.’’. 

13 (c) REPEAL OF EXISTING PROVISION.—Section 10202 

14 of the Food, Conservation, and Energy Act of 2008 (7 

15 U.S.C. 7761) is repealed. 

16 (d) CLARIFICATION OF USE OF FUNDS FOR TECH17 NICAL ASSISTANCE.—Section 420 of the Plant Protection 

18 Act (7 U.S.C. 7721), as amended by subsection (a), is 

19 amended by adding at the end the following new subsection: 

20 ‘‘(g) RELATIONSHIP TO OTHER LAW.—The use of 

21 Commodity Credit Corporation funds under this section to 

22 provide technical assistance shall not be considered an allot23 ment or fund transfer from the Commodity Credit Corpora24 tion for purposes of the limit on expenditures for technical 


rfrederick on DSK6VPTVN1PROD with BILLS
529 

•HR 1947 RH

1 assistance imposed by section 11 of the Commodity Credit 

2 Corporation Charter Act (15 U.S.C. 714i).’’. 

3 (e) USE OF FUNDS FOR CLEAN PLANT NETWORK.— 

4 Section 420 of the Plant Protection Act (7 U.S.C. 7721), 

5 as amended by subsections (a) and (d), is amended by add6 ing at the end the following new subsection: 

7 ‘‘(h) USE OF FUNDS FOR CLEAN PLANT NETWORK.— 

8 Of the funds made available under subsection (f) to carry 

9 out this section for a fiscal year, not less than $5,000,000 

10 shall be available to carry out the national clean plant net11 work under subsection (e).’’. 

12 SEC. 10012. MODIFICATION, CANCELLATION, OR SUSPEN13 SION ON BASIS OF A BIOLOGICAL OPINION. 

14 (a) IN GENERAL.—Except in the case of a voluntary 

15 request from a pesticide registrant to amend a registration 

16 under section 3 of the Federal Insecticide, Fungicide, and 

17 Rodenticide Act (7 U.S.C. 136a), a registration of a pes18 ticide may be modified, canceled, or suspended on the basis 

19 of the implementation of a Biological Opinion issued by 

20 the National Marine Fisheries Service or the United States 

21 Fish and Wildlife Service prior to the date of completion 

22 of the study referred to in subsection (b), or January 1, 

23 2015, whichever is earlier, only if— 


rfrederick on DSK6VPTVN1PROD with BILLS
530 

•HR 1947 RH

1 (1) the modification, cancellation, or suspension 

2 is undertaken pursuant to section 6 of such Act (7 

3 U.S.C. 136d); and 

4 (2) the Biological Opinion complies with the rec5 ommendations contained in the study referred to in 

6 subsection (b). 

7 (b) NATIONAL ACADEMY OF SCIENCES STUDY.—The 

8 study commissioned by the Administrator of the Environ9 mental Protection Agency on March 10, 2011, shall include, 

10 at a minimum, each of the following: 

11 (1) A formal, independent, and external peer re12 view, consistent with Office of Management and 

13 Budget policies, of each Biological Opinion described 

14 in subsection (a). 

15 (2) Assessment of economic impacts of measures 

16 or alternatives recommended in each such Biological 

17 Opinion. 

18 (3) An examination of the specific scientific and 

19 procedural questions and issues pertaining to eco20 nomic feasibility contained in the June 23, 2011, let21 ter sent to the Administrator (and other Federal offi22 cials) by the Chairmen of the Committee on Agri23 culture, the Committee on Natural Resources, and the 

24 Subcommittee on Interior, Environment, and Related 


rfrederick on DSK6VPTVN1PROD with BILLS
531 

•HR 1947 RH

1 Agencies of the Committee on Appropriations, of the 

2 House of Representatives. 

3 SEC. 10013. USE AND DISCHARGES OF AUTHORIZED PES4 TICIDES. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Reducing Regulatory Burdens Act of 2013’’. 

7 (b) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 

8 of the Federal Insecticide, Fungicide, and Rodenticide Act 

9 (7 U.S.C. 136a(f)) is amended by adding at the end the 

10 following: 

11 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Except 

12 as provided in section 402(s) of the Federal Water 

13 Pollution Control Act, the Administrator or a State 

14 may not require a permit under such Act for a dis15 charge from a point source into navigable waters of 

16 a pesticide authorized for sale, distribution, or use 

17 under this Act, or the residue of such a pesticide, re18 sulting from the application of such pesticide.’’. 

19 (c) DISCHARGES OF PESTICIDES.—Section 402 of the 

20 Federal Water Pollution Control Act (33 U.S.C. 1342) is 

21 amended by adding at the end the following: 

22 ‘‘(s) DISCHARGES OF PESTICIDES.— 

23 ‘‘(1) NO PERMIT REQUIREMENT.—Except as pro24 vided in paragraph (2), a permit shall not be re25 quired by the Administrator or a State under this Act 


rfrederick on DSK6VPTVN1PROD with BILLS
532 

•HR 1947 RH

1 for a discharge from a point source into navigable 

2 waters of a pesticide authorized for sale, distribution, 

3 or use under the Federal Insecticide, Fungicide, and 

4 Rodenticide Act, or the residue of such a pesticide, re5 sulting from the application of such pesticide. 

6 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

7 apply to the following discharges of a pesticide or pes8 ticide residue: 

9 ‘‘(A) A discharge resulting from the appli10 cation of a pesticide in violation of a provision 

11 of the Federal Insecticide, Fungicide, and 

12 Rodenticide Act that is relevant to protecting 

13 water quality, if— 

14 ‘‘(i) the discharge would not have oc15 curred but for the violation; or 

16 ‘‘(ii) the amount of pesticide or pes17 ticide residue in the discharge is greater 

18 than would have occurred without the viola19 tion. 

20 ‘‘(B) Stormwater discharges subject to regu21 lation under subsection (p). 

22 ‘‘(C) The following discharges subject to reg23 ulation under this section: 

24 ‘‘(i) Manufacturing or industrial efflu25 ent. 


rfrederick on DSK6VPTVN1PROD with BILLS
533 

•HR 1947 RH

1 ‘‘(ii) Treatment works effluent. 

2 ‘‘(iii) Discharges incidental to the nor3 mal operation of a vessel, including a dis4 charge resulting from ballasting operations 

5 or vessel biofouling prevention.’’. 

6 SEC. 10014. SEED NOT PESTICIDE OR DEVICE FOR PUR7 POSES OF IMPORTATION. 

8 Section 17(c) of the Federal Insecticide, Fungicide, 

9 and Rodenticide Act (7 U.S.C. 136o(c)) is amended by add10 ing at the end the following new sentences: ‘‘Solely for pur11 poses of notifications of arrival upon importation, for pur12 poses of this subsection, seed, including treated seed, shall 

13 not be considered a pesticide or device. Nothing in this sub14 section shall be construed as precluding or limiting the au15 thority of the Secretary of Agriculture, with respect to the 

16 importation or movement of plants, plant products, or 

17 seeds, under the Plant Protection Act (7 U.S.C. 7701 et seq.) 

18 or the Federal Seed Act (7 U.S.C. 1551 et seq.).’’. 

19 SEC. 10015. STAY OF REGULATIONS RELATED TO CHRIST20 MAS TREE PROMOTION, RESEARCH, AND IN21 FORMATION ORDER. 

22 Not later than 60 days after the date of the enactment 

23 of this Act, the Secretary of Agriculture shall lift the admin24 istrative stay that was imposed by the rule entitled ‘‘Christ25 mas Tree Promotion, Research, and Information Order; 


rfrederick on DSK6VPTVN1PROD with BILLS
534 

•HR 1947 RH

1 Stay of Regulations’’ and published by the Department of 

2 Agriculture on November 17, 2011 (76 Fed. Reg. 71241), 

3 on the regulations in subpart A of part 214 of title 7, Code 

4 of Federal Regulations, establishing an industry-funded 

5 promotion, research, and information program for fresh cut 

6 Christmas trees. 

7 SEC. 10016. STUDY ON PROPOSED ORDER PERTAINING TO 

8 SULFURYL FLUORIDE. 

9 Not later than two years after the date of enactment 

10 of this Act, the Administrator of the Environmental Protec11 tion Agency, in conjunction with the Secretary of Agri12 culture, shall submit to the Committee on Agriculture of the 

13 House of Representatives a report on the potential economic 

14 and public health effects that would result from finalization 

15 of the proposed order published in the January 19, 2011, 

16 Federal Register (76 Fed. Reg. 3422) pertaining to the pes17 ticide sulfuryl fluoride, including the anticipated impacts 

18 of such finalization on the production of an adequate, 

19 wholesome, and economical food supply and on farmers and 

20 related agricultural sectors. 

21 SEC. 10017. STUDY ON LOCAL AND REGIONAL FOOD PRO22 DUCTION AND PROGRAM EVALUATION. 

23 (a) IN GENERAL.—The Secretary of Agriculture 

24 shall— 


rfrederick on DSK6VPTVN1PROD with BILLS
535 

•HR 1947 RH

1 (1) collect data on the production and marketing 

2 of locally or regionally produced agricultural food 

3 products; 

4 (2) facilitate interagency collaboration and data 

5 sharing on programs related to local and regional 

6 food systems; and 

7 (3) monitor the effectiveness of programs de8 signed to expand or facilitate local food systems. 

9 (b) REQUIREMENTS.—In carrying out this section, the 

10 Secretary shall— 

11 (1) collect and distribute comprehensive report12 ing of prices of locally or regionally produced agricul13 tural food products; 

14 (2) conduct surveys and analysis and publish re15 ports relating to the production, handling, distribu16 tion, and retail sales of, and trend studies (including 

17 consumer purchasing patterns) on, locally or region18 ally produced agricultural food products; 

19 (3) evaluate the effectiveness of existing programs 

20 in growing local and regional food systems, includ21 ing— 

22 (A) the impact of local food systems on job 

23 creation and economic development; 

24 (B) the level of participation in the Farm25 ers’ Market and Local Food Promotion Program 


rfrederick on DSK6VPTVN1PROD with BILLS
536 

•HR 1947 RH

1 established under section 6 of the Farmer-to-Con2 sumer Direct Marketing Act of 1976 (7 U.S.C. 

3 3005), including the percentage of projects fund4 ed in comparison to applicants and the types of 

5 eligible entities receiving funds; 

6 (C) the ability for participants to leverage 

7 private capital and a synopsis of the places from 

8 which non-Federal funds are derived; and 

9 (D) any additional resources required to 

10 aid in the development or expansion of local and 

11 regional food systems; 

12 (4) expand the Agricultural Resource Manage13 ment Survey to include questions on locally or region14 ally produced agricultural food products; and 

15 (5) seek to establish or expand private-public 

16 partnerships to facilitate, to the maximum extent 

17 practicable, the collection of data on locally or region18 ally produced agricultural food products, including 

19 the development of a nationally coordinated and re20 gionally balanced evaluation of the redevelopment of 

21 locally or regionally produced food systems. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 enactment of this Act, and annually thereafter until Sep24 tember 30, 2018, the Secretary shall submit to the Com25 mittee on Agriculture of the House of Representatives and 


rfrederick on DSK6VPTVN1PROD with BILLS
537 

•HR 1947 RH

1 the Committee on Agriculture, Nutrition, and Forestry of 

2 the Senate a report describing the progress that has been 

3 made in implementing this section and identifying any ad4 ditional needs related to developing local and regional food 

5 systems. 

6 TITLE XI—CROP INSURANCE 

7 SEC. 11001. INFORMATION SHARING. 

8 Section 502(c) of the Federal Crop Insurance Act (7 

9 U.S.C. 1502(c)) is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(4) INFORMATION.— 

12 ‘‘(A) REQUEST.—Subject to subparagraph 

13 (B), the Farm Service Agency shall, in a timely 

14 manner, provide to an agent or an approved in15 surance provider authorized by the producer any 

16 information (including Farm Service Agency 

17 Form 578s (or any successor form) or maps (or 

18 any corrections to those forms or maps) that 

19 may assist the agent or approved insurance pro20 vider in insuring the producer under a policy or 

21 plan of insurance under this subtitle. 

22 ‘‘(B) PRIVACY.—Except as provided in sub23 paragraph (C), an agent or approved insurance 

24 provider that receives the information of a pro25 ducer pursuant to subparagraph (A) shall treat 


rfrederick on DSK6VPTVN1PROD with BILLS
538 

•HR 1947 RH

1 the information in accordance with paragraph 

2 (1). 

3 ‘‘(C) SHARING.—Nothing in this section 

4 prohibits the sharing of the information of a pro5 ducer pursuant to subparagraph (A) between the 

6 agent and the approved insurance provider of the 

7 producer.’’. 

8 SEC. 11002. PUBLICATION OF INFORMATION ON VIOLA9 TIONS OF PROHIBITION ON PREMIUM AD10 JUSTMENTS. 

11 Section 508(a)(9) of the Federal Crop Insurance Act 

12 (7 U.S.C. 1508(a)(9)) is amended by adding at the end the 

13 following new subparagraph: 

14 ‘‘(C) PUBLICATION OF VIOLATIONS.— 

15 ‘‘(i) PUBLICATION REQUIRED.—Subject 

16 to clause (ii), the Corporation shall publish 

17 in a timely manner on the website of the 

18 Risk Management Agency information re19 garding each violation of this paragraph, 

20 including any sanctions imposed in re21 sponse to the violation, in sufficient detail 

22 so that the information may serve as effec23 tive guidance to approved insurance pro24 viders, agents, and producers. 


rfrederick on DSK6VPTVN1PROD with BILLS
539 

•HR 1947 RH

1 ‘‘(ii) PROTECTION OF PRIVACY.—In 

2 providing information under clause (i) re3 garding violations of this paragraph, the 

4 Corporation shall redact the identity of the 

5 persons and entities committing the viola6 tions in order to protect their privacy.’’. 

7 SEC. 11003. SUPPLEMENTAL COVERAGE OPTION. 

8 (a) AVAILABILITY OF SUPPLEMENTAL COVERAGE OP9 TION.—Paragraph (3) of section 508(c) of the Federal Crop 

10 Insurance Act (7 U.S.C. 1508(c)) is amended to read as 

11 follows: 

12 ‘‘(3) YIELD AND LOSS BASIS OPTIONS.—A pro13 ducer shall have the option of purchasing additional 

14 coverage based on— 

15 ‘‘(A)(i) an individual yield and loss basis; 

16 or 

17 ‘‘(ii) an area yield and loss basis; 

18 ‘‘(B) an individual yield and loss basis, 

19 supplemented with coverage based on an area 

20 yield and loss basis to cover a part of the deduct21 ible under the individual yield and loss policy, 

22 as described in paragraph (4)(C); or 

23 ‘‘(C) a margin basis alone or in combina24 tion with the coverages available in subpara25 graph (A) or (B).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
540 

•HR 1947 RH

1 (b) LEVEL OF COVERAGE.—Paragraph (4) of section 

2 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) 

3 is amended to read as follows: 

4 ‘‘(4) LEVEL OF COVERAGE.— 

5 ‘‘(A) DOLLAR DENOMINATION AND PER6 CENTAGE OF YIELD.—Except as provided in sub7 paragraph (C), the level of coverage— 

8 ‘‘(i) shall be dollar denominated; and 

9 ‘‘(ii) may be purchased at any level 

10 not to exceed 85 percent of the individual 

11 yield or 95 percent of the area yield (as de12 termined by the Corporation). 

13 ‘‘(B) INFORMATION.—The Corporation shall 

14 provide producers with information on cata15 strophic risk and additional coverage in terms of 

16 dollar coverage (within the allowable limits of 

17 coverage provided in this paragraph). 

18 ‘‘(C) SUPPLEMENTAL COVERAGE OPTION.— 

19 ‘‘(i) IN GENERAL.—Notwithstanding 

20 subparagraph (A), in the case of the supple21 mental coverage option described in para22 graph (3)(B), the Corporation shall offer 

23 producers the opportunity to purchase cov24 erage in combination with a policy or plan 

25 of insurance offered under this subtitle that 


rfrederick on DSK6VPTVN1PROD with BILLS
541 

•HR 1947 RH

1 would allow indemnities to be paid to a 

2 producer equal to a part of the deductible 

3 under the policy or plan of insurance— 

4 ‘‘(I) at a county-wide level to the 

5 fullest extent practicable; or 

6 ‘‘(II) in counties that lack suffi7 cient data, on the basis of such larger 

8 geographical area as the Corporation 

9 determines to provide sufficient data 

10 for purposes of providing the coverage. 

11 ‘‘(ii) TRIGGER.—Coverage offered 

12 under paragraph (3)(B) and clause (i) shall 

13 be triggered only if the losses in the area ex14 ceed 10 percent of normal levels (as deter15 mined by the Corporation). 

16 ‘‘(iii) COVERAGE.—Subject to the trig17 ger described in clause (ii), coverage offered 

18 under paragraph (3)(B) and clause (i) shall 

19 not exceed the difference between— 

20 ‘‘(I) 90 percent; and 

21 ‘‘(II) the coverage level selected by 

22 the producer for the underlying policy 

23 or plan of insurance. 

24 ‘‘(iv) INELIGIBLE CROPS AND ACRES.— 

25 Crops for which the producer has elected 


rfrederick on DSK6VPTVN1PROD with BILLS
542 

•HR 1947 RH

1 under section 1107(c)(1) of the Federal Ag2 riculture Reform and Risk Management Act 

3 of 2013 to receive revenue loss coverage and 

4 acres that are enrolled in the stacked income 

5 protection plan under section 508B shall 

6 not be eligible for supplemental coverage 

7 under this subparagraph. 

8 ‘‘(v) CALCULATION OF PREMIUM.—Not9 withstanding subsection (d), the premium 

10 for coverage offered under paragraph (3)(B) 

11 and clause (i) shall— 

12 ‘‘(I) be sufficient to cover antici13 pated losses and a reasonable reserve; 

14 and 

15 ‘‘(II) include an amount for oper16 ating and administrative expenses es17 tablished in accordance with subsection 

18 (k)(4)(F).’’. 

19 (c) PAYMENT OF PORTION OF PREMIUM BY CORPORA20 TION.—Section 508(e)(2) of the Federal Crop Insurance Act 

21 (7 U.S.C. 1508(e)(2)) is amended by adding at the end the 

22 following new subparagraph: 

23 ‘‘(H) In the case of the supplemental cov24 erage option authorized in subsection (c)(4)(C), 

25 the amount shall be equal to the sum of— 


rfrederick on DSK6VPTVN1PROD with BILLS
543 

•HR 1947 RH

1 ‘‘(i) 65 percent of the additional pre2 mium associated with the coverage; and 

3 ‘‘(ii) the amount determined under 

4 subsection (c)(4)(C)(vi)(II), subject to sub5 section (k)(4)(F), for the coverage to cover 

6 operating and administrative expenses.’’. 

7 (d) EFFECTIVE DATE.—The Federal Crop Insurance 

8 Corporation shall begin to provide additional coverage 

9 based on an individual yield and loss basis, supplemented 

10 with coverage based on an area yield and loss basis, not 

11 later than for the 2014 crop year. 

12 SEC. 11004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK 

13 PROTECTION. 

14 Subparagraph (A) of section 508(d)(2) of the Federal 

15 Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to 

16 read as follows: 

17 ‘‘(A) In the case of catastrophic risk protec18 tion, the amount of the premium established by 

19 the Corporation for each crop for which cata20 strophic risk protection is available shall be re21 duced by the percentage equal to the difference 

22 between the average loss ratio for the crop and 

23 100 percent, plus a reasonable reserve.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
544 

•HR 1947 RH

1 SEC. 11005. REPEAL OF PERFORMANCE-BASED DISCOUNT. 

2 (a) REPEAL.—Section 508(d) of the Federal Crop In3 surance Act (7 U.S.C. 1508(d)) is amended— 

4 (1) by striking paragraph (3); and 

5 (2) by redesignating paragraph (4) as para6 graph (3). 

7 (b) CONFORMING AMENDMENT.—Section 508(a)(9)(B) 

8 of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) 

9 is amended— 

10 (1) by inserting ‘‘or’’ at the end of clause (i); 

11 (2) by striking clause (ii); and 

12 (3) by redesignating clause (iii) as clause (ii). 

13 SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY. 

14 Subparagraph (A) of section 508(e)(5) of the Federal 

15 Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended to 

16 read as follows: 

17 ‘‘(A) IN GENERAL.—The Corporation may 

18 pay a portion of the premiums for plans or poli19 cies of insurance for which the insurable unit is 

20 defined on a whole farm or enterprise unit basis 

21 that is higher than would otherwise be paid in 

22 accordance with paragraph (2).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
545 

•HR 1947 RH

1 SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NON2 IRRIGATED CROPS. 

3 Section 508(e)(5) of the Federal Crop Insurance Act 

4 (7 U.S.C. 1508(e)(5)) is amended by adding at the end the 

5 following new subparagraph: 

6 ‘‘(D) NONIRRIGATED CROPS.—Beginning 

7 with the 2014 crop year, the Corporation shall 

8 make available separate enterprise units for irri9 gated and nonirrigated acreage of crops in coun10 ties.’’. 

11 SEC. 11008. DATA COLLECTION. 

12 Section 508(g)(2) of the Federal Crop Insurance Act 

13 (7 U.S.C. 1508(g)(2)) is amended by adding at the end the 

14 following new subparagraph: 

15 ‘‘(E) SOURCES OF YIELD DATA.—To deter16 mine yields under this paragraph, the Corpora17 tion— 

18 ‘‘(i) shall use county data collected by 

19 the Risk Management Agency or the Na20 tional Agricultural Statistics Service, or 

21 both; or 

22 ‘‘(ii) if sufficient county data is not 

23 available, may use other data considered 

24 appropriate by the Secretary.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
546 

•HR 1947 RH

1 SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HIS2 TORY TO ESTABLISH INSURABLE YIELDS. 

3 Section 508(g)(4)(B) of the Federal Crop Insurance 

4 Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking ‘‘60’’ 

5 each place it appears and inserting ‘‘70’’. 

6 SEC. 11010. SUBMISSION AND REVIEW OF POLICIES. 

7 (a) IN GENERAL.—Section 508(h) of the Federal Crop 

8 Insurance Act (7 U.S.C. 1508(h)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by redesignating subparagraphs (A) 

11 and (B) as clauses (i) and (ii), respectively, and 

12 indenting appropriately; 

13 (B) by striking ‘‘(1) IN GENERAL.—In addi14 tion’’ and inserting the following: 

15 ‘‘(1) AUTHORITY TO SUBMIT.— 

16 ‘‘(A) IN GENERAL.—In addition’’; and 

17 (C) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(B) REVIEW AND SUBMISSION BY COR20 PORATION.—The Corporation shall review any 

21 policy developed under section 522(c) or any 

22 pilot program developed under section 523 and 

23 submit the policy or program to the Board under 

24 this subsection if the Corporation, at the sole dis25 cretion of the Corporation, finds that the policy 

26 or program— 


rfrederick on DSK6VPTVN1PROD with BILLS
547 

•HR 1947 RH

1 ‘‘(i) will likely result in a viable and 

2 marketable policy consistent with this sub3 section; 

4 ‘‘(ii) would provide crop insurance 

5 coverage in a significantly improved form; 

6 and 

7 ‘‘(iii) adequately protects the interests 

8 of producers.’’; and 

9 (2) in paragraph (3)— 

10 (A) by striking ‘‘A policy’’ and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—A policy’’; and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(B) SPECIFIED REVIEW AND APPROVAL

16 PRIORITIES.—In reviewing policies and other 

17 materials submitted to the Board under this sub18 section for approval, the Board— 

19 ‘‘(i) shall make the development and 

20 approval of a revenue policy for peanut 

21 producers a priority so that a revenue pol22 icy is available to peanut producers in time 

23 for the 2014 crop year; 

24 ‘‘(ii) shall make the development and 

25 approval of a margin coverage policy for 


rfrederick on DSK6VPTVN1PROD with BILLS
548 

•HR 1947 RH

1 rice producers a priority so that a margin 

2 coverage policy is available to rice pro3 ducers in time for the 2014 crop year; and 

4 ‘‘(iii) may approve a submission that 

5 is made pursuant to this subsection that 

6 would, beginning with the 2014 crop year, 

7 allow producers that purchase policies in 

8 accordance with subsection (e)(5)(A) to sep9 arate enterprise units by risk rating for 

10 acreage of crops in counties.’’. 

11 (b) ADVANCE PAYMENTS.—Section 522(b)(2)(E) of the 

12 Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)(E)) is 

13 amended by striking ‘‘50 percent’’ and inserting ‘‘75 per14 cent’’. 

15 SEC. 11011. EQUITABLE RELIEF FOR SPECIALTY CROP POLI16 CIES. 

17 Section 508(k)(8)(E) of the Federal Crop Insurance 

18 Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by adding 

19 at the end the following new clause: 

20 ‘‘(iii) EQUITABLE RELIEF FOR SPE21 CIALTY CROP POLICIES.— 

22 ‘‘(I) IN GENERAL.—For each of 

23 the 2011 through 2015 reinsurance 

24 years, in addition to the total amount 

25 of funding for reimbursement of adVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
549 

•HR 1947 RH

1 ministrative and operating costs that 

2 is otherwise required to be made avail3 able in each such reinsurance year 

4 pursuant to an agreement entered into 

5 by the Corporation, the Corporation 

6 shall use $41,000,000 to provide addi7 tional reimbursement with respect to 

8 eligible insurance contracts for any ag9 ricultural commodity that is not eligi10 ble for a benefit under subtitles A, B or 

11 C of title I of the Federal Agriculture 

12 Reform and Risk Management Act of 

13 2013. 

14 ‘‘(II) TREATMENT.—Additional 

15 reimbursements made under this clause 

16 shall be included as part of the base 

17 level of administrative and operating 

18 expense reimbursement to which any 

19 limit on compensation to persons in20 volved in the direct sale and service of 

21 any eligible crop insurance contract re22 quired under an agreement entered 

23 into by the Corporation is applied. 

24 ‘‘(III) RULE OF CONSTRUCTION.— 

25 Nothing in this clause shall be conVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
550 

•HR 1947 RH

1 strued as statutory assent to the limit 

2 described in subclause (II).’’. 

3 SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF 

4 THE STANDARD REINSURANCE AGREEMENT. 

5 Section 508(k)(8) of the Federal Crop Insurance Act 

6 of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at the 

7 end the following new subparagraph: 

8 ‘‘(F) BUDGET.— 

9 ‘‘(i) IN GENERAL.—The Board shall 

10 ensure that any Standard Reinsurance 

11 Agreement negotiated under subparagraph 

12 (A)(ii), as compared to the previous Stand13 ard Reinsurance Agreement— 

14 ‘‘(I) to the maximum extent prac15 ticable, shall be budget neutral; and 

16 ‘‘(II) in no event, may signifi17 cantly depart from budget neutrality. 

18 ‘‘(ii) USE OF SAVINGS.—To the extent 

19 that any budget savings is realized in the 

20 renegotiation of a Standard Reinsurance 

21 Agreement under subparagraph (A)(ii), and 

22 the savings are determined not to be a sig23 nificant departure from budget neutrality 

24 under clause (i), the savings shall be used to 

25 increase the obligations of the Corporation 


rfrederick on DSK6VPTVN1PROD with BILLS
551 

•HR 1947 RH

1 under subsections (e)(2) or (k)(4) or section 

2 523.’’. 

3 SEC. 11013. CROP PRODUCTION ON NATIVE SOD. 

4 (a) FEDERAL CROP INSURANCE.—Section 508(o) of 

5 the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is 

6 amended— 

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

8 producer cannot substantiate that the ground has ever 

9 been tilled,’’ after ‘‘tilled’’; 

10 (2) in paragraph (2)— 

11 (A) in the paragraph heading, by striking 

12 ‘‘INELIGIBILITY FOR’’ and inserting ‘‘REDUCTION

13 IN’’; and 

14 (B) in subparagraph (A), by striking ‘‘for 

15 benefits under—’’ and all that follows through 

16 the period at the end and inserting ‘‘for— 

17 ‘‘(i) a portion of crop insurance pre18 mium subsidies under this subtitle in ac19 cordance with paragraph (3); 

20 ‘‘(ii) benefits under section 196 of the 

21 Federal Agriculture Improvement and Re22 form Act of 1996 (7 U.S.C. 7333); and 

23 ‘‘(iii) payments described in subsection 

24 (b) or (c) of section 1001 of the Food Secu25 rity Act of 1985 (7 U.S.C. 1308).’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
552 

•HR 1947 RH

1 (3) by striking paragraph (3) and inserting the 

2 following new paragraphs: 

3 ‘‘(3) ADMINISTRATION.— 

4 ‘‘(A) IN GENERAL.—During the first 4 crop 

5 years of planting on native sod acreage by a pro6 ducer described in paragraph (2)— 

7 ‘‘(i) paragraph (2) shall apply to 65 

8 percent of the transitional yield of the pro9 ducer; and 

10 ‘‘(ii) the crop insurance premium sub11 sidy provided for the producer under this 

12 subtitle shall be 50 percentage points less 

13 than the premium subsidy that would other14 wise apply. 

15 ‘‘(B) YIELD SUBSTITUTION.—During the 

16 period native sod acreage is covered by this sub17 section, a producer may not substitute yields for 

18 the native sod acreage. 

19 ‘‘(4) APPLICATION.—This subsection shall only 

20 apply to native sod in the Prairie Pothole National 

21 Priority Area.’’. 

22 (b) NONINSURED CROP DISASTER ASSISTANCE.—Sec23 tion 196(a)(4) of the Federal Agriculture Improvement and 

24 Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
553 

•HR 1947 RH

1 (1) in the paragraph heading, by striking ‘‘IN2 ELIGIBILITY’’ and inserting ‘‘BENEFIT REDUCTION’’; 

3 (2) in subparagraph (A)(ii), by inserting ‘‘, or 

4 the producer cannot substantiate that the ground has 

5 ever been tilled,’’ after ‘‘tilled’’; 

6 (3) in subparagraph (B)— 

7 (A) in the subparagraph heading, by strik8 ing ‘‘INELIGIBILITY’’ and inserting ‘‘REDUCTION

9 IN’’; and 

10 (B) in clause (i), by striking ‘‘for benefits 

11 under—’’ and all that follows through the period 

12 at the end and inserting ‘‘for— 

13 ‘‘(I) benefits under this section; 

14 ‘‘(II) a portion of crop insurance 

15 premium subsidies under the Federal 

16 Crop Insurance Act (7 U.S.C. 1501 et 

17 seq.) in accordance with subparagraph 

18 (C); and 

19 ‘‘(III) payments described in sub20 section (b) or (c) of section 1001 of the 

21 Food Security Act of 1985 (7 U.S.C. 

22 1308).’’; and 

23 (4) by striking subparagraph (C) and inserting 

24 the following new subparagraphs: 

25 ‘‘(C) ADMINISTRATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
554 

•HR 1947 RH

1 ‘‘(i) IN GENERAL.—During the first 4 

2 crop years of planting on native sod acreage 

3 by a producer described in subparagraph 

4 (B)— 

5 ‘‘(I) subparagraph (B) shall apply 

6 to 65 percent of the transitional yield 

7 of the producer; and 

8 ‘‘(II) the crop insurance premium 

9 subsidy provided for the producer 

10 under the Federal Crop Insurance Act 

11 (7 U.S.C. 1501 et seq.) shall be 50 per12 centage points less than the premium 

13 subsidy that would otherwise apply. 

14 ‘‘(ii) YIELD SUBSTITUTION.—During 

15 the period native sod acreage is covered by 

16 this paragraph, a producer may not sub17 stitute yields for the native sod acreage. 

18 ‘‘(D) APPLICATION.—This paragraph shall 

19 only apply to native sod in the Prairie Pothole 

20 National Priority Area.’’. 

21 (c) CROPLAND REPORT.— 

22 (1) BASELINE.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary of Ag24 riculture shall submit to the Committee on Agri25 culture of the House of Representatives and the ComVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
555 

•HR 1947 RH

1 mittee on Agriculture, Nutrition, and Forestry of the 

2 Senate a report that describes the cropland acreage in 

3 each applicable county and State, and the change in 

4 cropland acreage from the preceding year in each ap5 plicable county and State, beginning with calendar 

6 year 2000 and including that information for the 

7 most recent year for which that information is avail8 able. 

9 (2) ANNUAL UPDATES.—Not later than January 

10 1, 2015, and each January 1 thereafter through Janu11 ary 1, 2018, the Secretary of Agriculture shall submit 

12 to the Committee on Agriculture of the House of Rep13 resentatives and the Committee on Agriculture, Nutri14 tion, and Forestry of the Senate a report that de15 scribes— 

16 (A) the cropland acreage in each applicable 

17 county and State as of the date of submission of 

18 the report; and 

19 (B) the change in cropland acreage from the 

20 preceding year in each applicable county and 

21 State. 

22 SEC. 11014. COVERAGE LEVELS BY PRACTICE. 

23 Section 508 of the Federal Crop Insurance Act of 1938 

24 (7 U.S.C. 1508) is amended by adding at the end the fol25 lowing new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
556 

•HR 1947 RH

1 ‘‘(p) COVERAGE LEVELS BY PRACTICE.—Beginning 

2 with the 2015 crop year, a producer that produces an agri3 cultural commodity on both dry land and irrigated land 

4 may elect a different coverage level for each production 

5 practice.’’. 

6 SEC. 11015. BEGINNING FARMER AND RANCHER PROVI7 SIONS. 

8 (a) DEFINITION.—Section 502(b) of the Federal Crop 

9 Insurance Act (7 U.S.C. 1502(b)) is amended— 

10 (1) by redesignating paragraphs (3) through (9) 

11 as paragraphs (4) through (10), respectively; and 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) BEGINNING FARMER OR RANCHER.—The 

15 term ‘beginning farmer or rancher’ means a farmer 

16 or rancher who has not actively operated and man17 aged a farm or ranch with a bona fide insurable in18 terest in a crop or livestock as an owner-operator, 

19 landlord, tenant, or sharecropper for more than 5 

20 crop years, as determined by the Secretary.’’. 

21 (b) PREMIUM ADJUSTMENTS.—Section 508 of the Fed22 eral Crop Insurance Act (7 U.S.C. 1508) is amended— 

23 (1) in subsection (b)(5)(E), by inserting ‘‘and be24 ginning farmers or ranchers’’ after ‘‘limited resource 

25 farmers’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
557 

•HR 1947 RH

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

2 following new paragraph: 

3 ‘‘(8) PREMIUM FOR BEGINNING FARMERS OR

4 RANCHERS.—Notwithstanding any other provision of 

5 this subsection regarding payment of a portion of pre6 miums, a beginning farmer or rancher shall receive 

7 premium assistance that is 10 percentage points 

8 greater than premium assistance that would otherwise 

9 be available under paragraphs (2) (except for sub10 paragraph (A) of that paragraph), (5), (6), and (7) 

11 for the applicable policy, plan of insurance, and cov12 erage level selected by the beginning farmer or ranch13 er.’’; and 

14 (3) in subsection (g)— 

15 (A) in paragraph (2)(B)— 

16 (i) in clause (i), by striking ‘‘or’’ at 

17 the end; 

18 (ii) in clause (ii)(III), by striking the 

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

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(iii) if the producer is a beginning 

23 farmer or rancher who was previously in24 volved in a farming or ranching operation, 

25 including involvement in the decisionVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
558 

•HR 1947 RH

1 making or physical involvement in the pro2 duction of the crop or livestock on the farm, 

3 for any acreage obtained by the beginning 

4 farmer or rancher, a yield that is the higher 

5 of— 

6 ‘‘(I) the actual production history 

7 of the previous producer of the crop or 

8 livestock on the acreage determined 

9 under subparagraph (A); or 

10 ‘‘(II) a yield of the producer, as 

11 determined in clause (i).’’; and 

12 (B) in paragraph (4)(B)(ii) (as amended by 

13 section 11009)— 

14 (i) by inserting ‘‘(I)’’ after ‘‘(ii)’’; 

15 (ii) by striking the period at the end 

16 and inserting ‘‘; or’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(II) in the case of beginning farmers 

20 or ranchers, replace each excluded yield 

21 with a yield equal to 80 percent of the ap22 plicable transitional yield.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
559 

•HR 1947 RH

1 SEC. 11016. STACKED INCOME PROTECTION PLAN FOR PRO2 DUCERS OF UPLAND COTTON. 

3 (a) AVAILABILITY OF STACKED INCOME PROTECTION

4 PLAN FOR PRODUCERS OF UPLAND COTTON.—The Federal 

5 Crop Insurance Act is amended by inserting after section 

6 508A (7 U.S.C. 1508a) the following new section: 

7 ‘‘SEC. 508B. STACKED INCOME PROTECTION PLAN FOR PRO8 DUCERS OF UPLAND COTTON. 

9 ‘‘(a) AVAILABILITY.—Beginning not later than the 

10 2014 crop of upland cotton, the Corporation shall make 

11 available to producers of upland cotton an additional policy 

12 (to be known as the ‘Stacked Income Protection Plan’), 

13 which shall provide coverage consistent with the Group Risk 

14 Income Protection Plan (and the associated Harvest Rev15 enue Option Endorsement) offered by the Corporation for 

16 the 2011 crop year. 

17 ‘‘(b) REQUIRED TERMS.—The Corporation may mod18 ify the Stacked Income Protection Plan on a program-wide 

19 basis, except that the Stacked Income Protection Plan shall 

20 comply with the following requirements: 

21 ‘‘(1) Provide coverage for revenue loss of not less 

22 than 10 percent and not more than 30 percent of ex23 pected county revenue, specified in increments of 5 

24 percent. The deductible is the minimum percent of 

25 revenue loss at which indemnities are triggered under 


rfrederick on DSK6VPTVN1PROD with BILLS
560 

•HR 1947 RH

1 the plan, not to be less than 10 percent of the expected 

2 county revenue. 

3 ‘‘(2) Be offered to producers of upland cotton in 

4 all counties with upland cotton production— 

5 ‘‘(A) at a county-wide level to the fullest ex6 tent practicable; or 

7 ‘‘(B) in counties that lack sufficient data, 

8 on the basis of such larger geographical area as 

9 the Corporation determines to provide sufficient 

10 data for purposes of providing the coverage. 

11 ‘‘(3) Be purchased in addition to any other indi12 vidual or area coverage in effect on the producer’s 

13 acreage or as a stand-alone policy, except that if a 

14 producer has an individual or area coverage for the 

15 same acreage, the maximum coverage available under 

16 the Stacked Income Protection Plan shall not exceed 

17 the deductible for the individual or area coverage. 

18 ‘‘(4) Establish coverage based on— 

19 ‘‘(A) the expected price established under ex20 isting Group Risk Income Protection or area 

21 wide policy offered by the Corporation for the 

22 applicable county (or area) and crop year; and 

23 ‘‘(B) an expected county yield that is the 

24 higher of— 


rfrederick on DSK6VPTVN1PROD with BILLS
561 

•HR 1947 RH

1 ‘‘(i) the expected county yield estab2 lished for the existing area-wide plans of3 fered by the Corporation for the applicable 

4 county (or area) and crop year (or, in geo5 graphic areas where area-wide plans are 

6 not offered, an expected yield determined in 

7 a manner consistent with those of area-wide 

8 plans); or 

9 ‘‘(ii) the average of the applicable yield 

10 data for the county (or area) for the most 

11 recent 5 years, excluding the highest and 

12 lowest observations, from the Risk Manage13 ment Agency or the National Agricultural 

14 Statistics Service (or both) or, if sufficient 

15 county data is not available, such other 

16 data considered appropriate by the Sec17 retary. 

18 ‘‘(5) Use a multiplier factor to establish max19 imum protection per acre (referred to as a ‘protection 

20 factor’) of not less than the higher of the level estab21 lished on a program wide basis or 120 percent. 

22 ‘‘(6) Pay an indemnity based on the amount 

23 that the expected county revenue exceeds the actual 

24 county revenue, as applied to the individual coverage 

25 of the producer. Indemnities under the Stacked InVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
562 

•HR 1947 RH

1 come Protection Plan shall not include or overlap the 

2 amount of the deductible selected under paragraph 

3 (1). 

4 ‘‘(7) In all counties for which data are available, 

5 establish separate coverage levels for irrigated and 

6 non-irrigated practices. 

7 ‘‘(c) PREMIUM.—Notwithstanding section 508(d), the 

8 premium for the Stacked Income Protection Plan shall— 

9 ‘‘(1) be sufficient to cover anticipated losses and 

10 a reasonable reserve; and 

11 ‘‘(2) include an amount for operating and ad12 ministrative expenses established in accordance with 

13 section 508(k)(4)(F). 

14 ‘‘(d) PAYMENT OF PORTION OF PREMIUM BY COR15 PORATION.—Subject to section 508(e)(4), the amount of pre16 mium paid by the Corporation for all qualifying coverage 

17 levels of the Stacked Income Protection Plan shall be— 

18 ‘‘(1) 80 percent of the amount of the premium es19 tablished under subsection (c) for the coverage level se20 lected; and 

21 ‘‘(2) the amount determined under subsection 

22 (c)(2), subject to section 508(k)(4)(F), for the coverage 

23 to cover administrative and operating expenses. 


rfrederick on DSK6VPTVN1PROD with BILLS
563 

•HR 1947 RH

1 ‘‘(e) RELATION TO OTHER COVERAGES.—The Stacked 

2 Income Protection Plan is in addition to all other coverages 

3 available to producers of upland cotton.’’. 

4 (b) CONFORMING AMENDMENT.—Section 508(k)(4)(F) 

5 of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)(F)) 

6 is amended by inserting ‘‘or authorized under subsection 

7 (c)(4)(C) or section 508B’’ after ‘‘of this subparagraph’’. 

8 SEC. 11017. PEANUT REVENUE CROP INSURANCE. 

9 The Federal Crop Insurance Act is amended by insert10 ing after section 508B, as added by the previous section, 

11 the following new section: 

12 ‘‘SEC. 508C. PEANUT REVENUE CROP INSURANCE. 

13 ‘‘(a) IN GENERAL.—Effective beginning with the 2014 

14 crop year, the Risk Management Agency and the Corpora15 tion shall make available to producers of peanuts a revenue 

16 crop insurance program for peanuts. 

17 ‘‘(b) EFFECTIVE PRICE.—Subject to subsection (c), for 

18 purposes of the revenue crop insurance program and the 

19 multiperil crop insurance program under this Act, the effec20 tive price for peanuts shall be equal to the Rotterdam price 

21 index for peanuts, as adjusted to reflect the farmer stock 

22 price of peanuts in the United States. 

23 ‘‘(c) ADJUSTMENTS.— 

24 ‘‘(1) IN GENERAL.—The effective price for pea25 nuts established under subsection (b) may be adjusted 


rfrederick on DSK6VPTVN1PROD with BILLS
564 

•HR 1947 RH

1 by the Risk Management Agency and the Corporation 

2 to correct distortions. 

3 ‘‘(2) ADMINISTRATION.—If an adjustment is 

4 made under paragraph (1), the Risk Management 

5 Agency and the Corporation shall— 

6 ‘‘(A) make the adjustment in an open and 

7 transparent manner; and 

8 ‘‘(B) submit to the Committee on Agri9 culture of the House of Representatives and the 

10 Committee on Agriculture, Nutrition, and For11 estry of the Senate a report that describes the 

12 reasons for the adjustment.’’. 

13 SEC. 11018. AUTHORITY TO CORRECT ERRORS. 

14 Section 515(c) of the Federal Crop Insurance Act (7 

15 U.S.C. 1515(c)) is amended— 

16 (1) in the first sentence, by striking ‘‘The Sec17 retary’’ and inserting the following: 

18 ‘‘(1) IN GENERAL.—The Secretary’’; 

19 (2) in the second sentence, by striking ‘‘Begin20 ning with’’ and inserting the following: 

21 ‘‘(2) FREQUENCY.—Beginning with’’; and 

22 (3) by adding at the end the following new para23 graph: 

24 ‘‘(3) CORRECTIONS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
565 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—In addition to the cor2 rections permitted by the Corporation as of the 

3 date of enactment of the Federal Agriculture Re4 form and Risk Management Act of 2013, the 

5 Corporation shall allow an agent or an approved 

6 insurance provider, subject to subparagraph 

7 (B)— 

8 ‘‘(i) within a reasonable amount of 

9 time following the applicable sales closing 

10 date, to correct unintentional errors in in11 formation that is provided by a producer 

12 for the purpose of obtaining coverage under 

13 any policy or plan of insurance made avail14 able under this subtitle to ensure that the 

15 eligibility information is correct; 

16 ‘‘(ii) within a reasonable amount of 

17 time following— 

18 ‘‘(I) the acreage reporting date, to 

19 correct unintentional errors in factual 

20 information that is provided by a pro21 ducer after the sales closing date to rec22 oncile the information with the infor23 mation reported by the producer to the 

24 Farm Service Agency; or 


rfrederick on DSK6VPTVN1PROD with BILLS
566 

•HR 1947 RH

1 ‘‘(II) the date of any subsequent 

2 correction of data by the Farm Service 

3 Agency made as a result of the 

4 verification of information; and 

5 ‘‘(iii) at any time, to correct uninten6 tional errors that were made by the Farm 

7 Service Agency or an agent or approved in8 surance provider in transmitting the infor9 mation provided by the producer to the ap10 proved insurance provider or the Corpora11 tion. 

12 ‘‘(B) LIMITATION.—In accordance with the 

13 procedures of the Corporation, correction to the 

14 information described in clauses (i) and (ii) of 

15 subparagraph (A) may only be made if the cor16 rections do not allow the producer— 

17 ‘‘(i) to avoid ineligibility requirements 

18 for insurance; 

19 ‘‘(ii) to obtain, enhance, or increase an 

20 insurance guarantee or indemnity, or avoid 

21 premium owed, if a cause of loss exists or 

22 has occurred before any correction has been 

23 made; or 

24 ‘‘(iii) to avoid an obligation or re25 quirement under any Federal or State law. 


rfrederick on DSK6VPTVN1PROD with BILLS
567 

•HR 1947 RH

1 ‘‘(C) EXCEPTION TO LATE FILING SANC2 TIONS.—Any corrections made pursuant to this 

3 paragraph shall not be subject to any late filing 

4 sanctions authorized in the reinsurance agree5 ment with the Corporation.’’. 

6 SEC. 11019. IMPLEMENTATION. 

7 Section 515 of the Federal Crop Insurance Act (7 

8 U.S.C. 1515) is amended— 

9 (1) in subsection (j), by striking paragraph (1) 

10 and inserting the following new paragraph: 

11 ‘‘(1) SYSTEMS MAINTENANCE AND UPGRADES.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 maintain and upgrade the information manage14 ment systems of the Corporation used in the ad15 ministration and enforcement of this subtitle. 

16 ‘‘(B) REQUIREMENT.— 

17 ‘‘(i) IN GENERAL.—In maintaining 

18 and upgrading the systems, the Secretary 

19 shall ensure that new hardware and soft20 ware are compatible with the hardware and 

21 software used by other agencies of the De22 partment to maximize data sharing and 

23 promote the purposes of this section. 

24 ‘‘(ii) ACREAGE REPORT STREAMLINING

25 INITIATIVE PROJECT.—As soon as pracVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
568 

•HR 1947 RH

1 ticable, the Secretary shall develop and im2 plement an acreage report streamlining ini3 tiative project to allow producers to report 

4 acreage and other information directly to 

5 the Department.’’; and 

6 (2) in subsection (k), by striking paragraph (1) 

7 and inserting the following new paragraph: 

8 ‘‘(1) INFORMATION TECHNOLOGY.— 

9 ‘‘(A) IN GENERAL.—For purposes of sub10 section (j)(1), the Corporation may use, from 

11 amounts made available from the insurance fund 

12 established under section 516(c), not more 

13 than— 

14 ‘‘(i)(I) for fiscal year 2014, 

15 $25,000,000; and 

16 ‘‘(II) for each of fiscal years 2015 

17 through 2018, $10,000,000; or 

18 ‘‘(ii) if the Acreage Crop Reporting 

19 Streamlining Initiative (ACRSI) project is 

20 substantially completed by September 30, 

21 2015, not more than $15,000,000 for each of 

22 the fiscal years 2015 through 2018. 

23 ‘‘(B) NOTIFICATION.—The Secretary shall 

24 notify the Committee on Agriculture of the House 

25 of Representatives and the Committee on AgriVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
569 

•HR 1947 RH

1 culture, Nutrition, and Forestry of the Senate of 

2 the substantial completion of the Acreage Crop 

3 Reporting Streamlining Initiative (ACRSI) 

4 project not later than July 1, 2015.’’. 

5 SEC. 11020. RESEARCH AND DEVELOPMENT PRIORITIES. 

6 (a) AUTHORITY TO CONDUCT RESEARCH AND DEVEL7 OPMENT, PRIORITIES.—Section 522(c) of the Federal Crop 

8 Insurance Act (7 U.S.C. 1522(c)) is amended— 

9 (1) in the subsection heading by striking ‘‘CON10 TRACTING’’; 

11 (2) in paragraph (1), in the matter preceding 

12 subparagraph (A), by striking ‘‘may enter into con13 tracts to carry out research and development to’’ and 

14 inserting ‘‘may conduct activities or enter into con15 tracts to carry out research and development to main16 tain or improve existing policies or develop new poli17 cies to’’; 

18 (3) in paragraph (2)— 

19 (A) in subparagraph (A), by inserting ‘‘con20 duct research and development or’’ after ‘‘The 

21 Corporation may’’; and 

22 (B) in subparagraph (B), by inserting 

23 ‘‘conducting research and development or’’ after 

24 ‘‘Before’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
570 

•HR 1947 RH

1 (4) in paragraph (5), by inserting ‘‘after expert 

2 review in accordance with section 505(e)’’ after ‘‘ap3 proved by the Board’’; and 

4 (5) in paragraph (6), by striking ‘‘a pasture, 

5 range, and forage program’’ and inserting ‘‘policies 

6 that increase participation by producers of under7 served agricultural commodities, including sweet sor8 ghum, biomass sorghum, rice, peanuts, sugarcane, al9 falfa, and specialty crops’’. 

10 (b) FUNDING.—Section 522(e) of the Federal Crop In11 surance Act (7 U.S.C. 1522(e)) is amended— 

12 (1) in paragraph (2)— 

13 (A) by striking ‘‘(A) AUTHORITY.—’’ and 

14 inserting ‘‘(A) CONDUCTING AND CONTRACTING

15 FOR RESEARCH AND DEVELOPMENT.—’’; 

16 (B) in subparagraph (A), by inserting ‘‘con17 duct research and development and’’ after ‘‘the 

18 Corporation may use to’’; and 

19 (C) in subparagraph (B), by inserting ‘‘con20 duct research and development and’’ after ‘‘for 

21 the fiscal year to’’; 

22 (2) in paragraph (3), by striking ‘‘to provide ei23 ther reimbursement payments or contract payments’’; 

24 and 

25 (3) by striking paragraph (4). 


rfrederick on DSK6VPTVN1PROD with BILLS
571 

•HR 1947 RH

1 SEC. 11021. ADDITIONAL RESEARCH AND DEVELOPMENT 

2 CONTRACTING REQUIREMENTS. 

3 Section 522(c) of the Federal Crop Insurance Act (7 

4 U.S.C. 1522(c)) is amended— 

5 (1) by redesignating paragraph (17) as para6 graph (24); and 

7 (2) by inserting after paragraph (16), the fol8 lowing new paragraphs: 

9 ‘‘(17) MARGIN COVERAGE FOR CATFISH.— 

10 ‘‘(A) IN GENERAL.—The Corporation shall 

11 offer to enter into a contract with a qualified en12 tity to conduct research and development regard13 ing a policy to insure producers against reduc14 tion in the margin between the market value of 

15 catfish and selected costs incurred in the produc16 tion of catfish. 

17 ‘‘(B) ELIGIBILITY.—Eligibility for the pol18 icy described in subparagraph (A) shall be lim19 ited to freshwater species of catfish that are 

20 propagated and reared in controlled or selected 

21 environments. 

22 ‘‘(C) IMPLEMENTATION.—The Board shall 

23 review the policy described in subparagraph (B) 

24 under subsection 508(h) and approve the policy 

25 if the Board finds that the policy— 


rfrederick on DSK6VPTVN1PROD with BILLS
572 

•HR 1947 RH

1 ‘‘(i) will likely result in a viable and 

2 marketable policy consistent with this sub3 section; 

4 ‘‘(ii) would provide crop insurance 

5 coverage in a significantly improved form; 

6 ‘‘(iii) adequately protects the interests 

7 of producers; and 

8 ‘‘(iv) the proposed policy meets other 

9 requirements of this subtitle determined ap10 propriate by the Board. 

11 ‘‘(18) BIOMASS AND SWEET SORGHUM ENERGY

12 CROP INSURANCE POLICIES.— 

13 ‘‘(A) AUTHORITY.—The Corporation shall 

14 offer to enter into 1 or more contracts with 

15 qualified entities to carry out research and devel16 opment regarding— 

17 ‘‘(i) a policy to insure biomass sor18 ghum that is grown expressly for the pur19 pose of producing a feedstock for renewable 

20 biofuel, renewable electricity, or biobased 

21 products; and 

22 ‘‘(ii) a policy to insure sweet sorghum 

23 that is grown for a purpose described in 

24 clause (i). 


rfrederick on DSK6VPTVN1PROD with BILLS
573 

•HR 1947 RH

1 ‘‘(B) RESEARCH AND DEVELOPMENT.—Re2 search and development with respect to each of 

3 the policies required in subparagraph (A) shall 

4 evaluate the effectiveness of risk management 

5 tools for the production of biomass sorghum or 

6 sweet sorghum, including policies and plans of 

7 insurance that— 

8 ‘‘(i) are based on market prices and 

9 yields; 

10 ‘‘(ii) to the extent that insufficient 

11 data exist to develop a policy based on mar12 ket prices and yields, evaluate the policies 

13 and plans of insurance based on the use of 

14 weather indices, including excessive or inad15 equate rainfall, to protect the interest of 

16 crop producers; and 

17 ‘‘(iii) provide protection for production 

18 or revenue losses, or both. 

19 ‘‘(19) STUDY ON SWINE CATASTROPHIC DISEASE

20 PROGRAM.— 

21 ‘‘(A) IN GENERAL.—The Corporation shall 

22 contract with a qualified person to conduct a 

23 study to determine the feasibility of insuring 

24 swine producers for a catastrophic event. 


rfrederick on DSK6VPTVN1PROD with BILLS
574 

•HR 1947 RH

1 ‘‘(B) REPORT.—Not later than 1 year after 

2 the date of the enactment of this paragraph, the 

3 Corporation shall submit to the Committee on 

4 Agriculture of the House of Representatives and 

5 the Committee on Agriculture, Nutrition, and 

6 Forestry of the Senate a report that describes the 

7 results of the study conducted under subpara8 graph (A). 

9 ‘‘(20) WHOLE FARM DIVERSIFIED RISK MANAGE10 MENT INSURANCE PLAN.— 

11 ‘‘(A) IN GENERAL.—The Corporation shall 

12 conduct activities or enter into contracts to carry 

13 out research and development to develop a whole 

14 farm risk management insurance plan, with a 

15 liability limitation of $1,250,000, that allows a 

16 diversified crop or livestock producer the option 

17 to qualify for an indemnity if actual gross farm 

18 revenue is below 85 percent of the average gross 

19 farm revenue or the expected gross farm revenue 

20 that can reasonably be expected of the producer, 

21 as determined by the Corporation. 

22 ‘‘(B) ELIGIBLE PRODUCERS.—The Corpora23 tion shall permit producers (including direct-to24 consumer marketers and producers servicing 

25 local and regional and farm identity-preserved 


rfrederick on DSK6VPTVN1PROD with BILLS
575 

•HR 1947 RH

1 markets) who produce multiple agricultural com2 modities, including specialty crops, industrial 

3 crops, livestock, and aquaculture products, to 

4 participate in the plan in lieu of any other plan 

5 under this subtitle. 

6 ‘‘(C) DIVERSIFICATION.—The Corporation 

7 may provide diversification-based additional 

8 coverage payment rates, premium discounts, or 

9 other enhanced benefits in recognition of the risk 

10 management benefits of crop and livestock diver11 sification strategies for producers that grow mul12 tiple crops or that may have income from the 

13 production of livestock that uses a crop grown on 

14 the farm. 

15 ‘‘(D) MARKET READINESS.—The Corpora16 tion may include coverage for the value of any 

17 packing, packaging, or any other similar on18 farm activity the Corporation determines to be 

19 the minimum required in order to remove the 

20 commodity from the field. 

21 ‘‘(E) REPORT.—Not later than 2 years after 

22 the date of enactment of this paragraph, the Cor23 poration shall submit to the Committee on Agri24 culture of the House of Representatives and the 

25 Committee on Agriculture, Nutrition, and ForVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
576 

•HR 1947 RH

1 estry of the Senate a report that describes the re2 sults and feasibility of the research and develop3 ment conducted under this paragraph, including 

4 an analysis of potential adverse market distor5 tions. 

6 ‘‘(21) STUDY ON POULTRY CATASTROPHIC DIS7 EASE PROGRAM.— 

8 ‘‘(A) IN GENERAL.—The Corporation shall 

9 contract with a qualified person to conduct a 

10 study to determine the feasibility of insuring 

11 poultry producers for a catastrophic event. 

12 ‘‘(B) REPORT.—Not later than 1 year after 

13 the date of the enactment of this paragraph, the 

14 Corporation shall submit to the Committee on 

15 Agriculture of the House of Representatives and 

16 the Committee on Agriculture, Nutrition, and 

17 Forestry of the Senate a report that describes the 

18 results of the study conducted under subpara19 graph (A). 

20 ‘‘(22) POULTRY BUSINESS INTERRUPTION INSUR21 ANCE POLICY.— 

22 ‘‘(A) AUTHORITY.—The Corporation shall 

23 offer to enter into a contract or cooperative 

24 agreement with a university or other legal entity 

25 to carry out research and development regarding 


rfrederick on DSK6VPTVN1PROD with BILLS
577 

•HR 1947 RH

1 a policy to insure the commercial production of 

2 poultry against business interruptions caused by 

3 integrator bankruptcy. 

4 ‘‘(B) RESEARCH AND DEVELOPMENT.—As 

5 part of the research and development conducted 

6 pursuant to a contract or cooperative agreement 

7 entered into under subparagraph (A), the entity 

8 shall— 

9 ‘‘(i) evaluate the market place for busi10 ness interruption insurance that is avail11 able to poultry growers; 

12 ‘‘(ii) determine what statutory author13 ity would be necessary to implement a busi14 ness interruption insurance through the 

15 Corporation; 

16 ‘‘(iii) assess the feasibility of a policy 

17 or plan of insurance offered under this sub18 title to insure against losses due to the 

19 bankruptcy of an business integrator; and 

20 ‘‘(iv) analyze the costs to the Federal 

21 Government of a Federal business interrup22 tion insurance program for poultry growers. 

23 ‘‘(C) DEFINITIONS.—In this paragraph, the 

24 terms ‘poultry’ and ‘poultry grower’ have the 

25 meanings given those terms in section 2(a) of the 


rfrederick on DSK6VPTVN1PROD with BILLS
578 

•HR 1947 RH

1 Packers and Stockyards Act, 1921 (7 U.S.C. 

2 182(a)). 

3 ‘‘(D) DEADLINE FOR CONTRACT OR COOPER4 ATIVE AGREEMENT.—Not later than six months 

5 after the date of the enactment of this paragraph, 

6 the Corporation shall enter into the contract or 

7 cooperative agreement required by subparagraph 

8 (A). 

9 ‘‘(E) DEADLINE FOR COMPLETION OF RE10 SEARCH AND DEVELOPMENT.—Not later than one 

11 year after the date of the enactment of this para12 graph, the Corporation shall submit to the Com13 mittee on Agriculture of the House of Represent14 atives and the Committee on Agriculture, Nutri15 tion, and Forestry of the Senate a report that de16 scribes the results of the research and develop17 ment conducted pursuant to the contract or coop18 erative agreement entered into under subpara19 graph (A). 

20 ‘‘(23) STUDY OF FOOD SAFETY INSURANCE.— 

21 ‘‘(A) IN GENERAL.—The Corporation shall 

22 offer to enter into a contract with 1 or more 

23 qualified entities to conduct a study to determine 

24 whether offering policies that provide coverage 

25 for specialty crops from food safety and contamiVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
579 

•HR 1947 RH

1 nation issues would benefit agricultural pro2 ducers. 

3 ‘‘(B) SUBJECT.—The study described in 

4 subparagraph (A) shall evaluate policies and 

5 plans of insurance coverage that provide protec6 tion for production or revenue impacted by food 

7 safety concerns including, at a minimum, gov8 ernment, retail, or national consumer group an9 nouncements of a health advisory, removal, or 

10 recall related to a contamination concern. 

11 ‘‘(C) REPORT.—Not later than 1 year after 

12 the date of enactment of this paragraph, the Cor13 poration shall submit to the Committee on Agri14 culture of the House of Representatives and the 

15 Committee on Agriculture, Nutrition, and For16 estry of the Senate a report that describes the re17 sults of the study conducted under subparagraph 

18 (A).’’. 

19 SEC. 11022. PROGRAM COMPLIANCE PARTNERSHIPS. 

20 Paragraph (1) of section 522(d) of the Federal Crop 

21 Insurance Act (7 U.S.C. 1522(d)) is amended to read as 

22 follows: 

23 ‘‘(1) PURPOSE.—The purpose of this subsection 

24 is to authorize the Corporation to enter into partnerVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
580 

•HR 1947 RH

1 ships with public and private entities for the purpose 

2 of either— 

3 ‘‘(A) increasing the availability of loss miti4 gation, financial, and other risk management 

5 tools for producers, with a priority given to risk 

6 management tools for producers of agricultural 

7 commodities covered by section 196 of the Agri8 cultural Market Transition Act (7 U.S.C. 7333), 

9 specialty crops, and underserved agricultural 

10 commodities; or 

11 ‘‘(B) improving analysis tools and tech12 nology regarding compliance or identifying and 

13 using innovative compliance strategies.’’. 

14 SEC. 11023. PILOT PROGRAMS. 

15 Section 523(a) of the Federal Crop Insurance Act (7 

16 U.S.C. 1523(a)) is amended— 

17 (1) in paragraph (1), by inserting ‘‘, at the sole 

18 discretion of the Corporation,’’ after ‘‘may’’; and 

19 (2) by striking paragraph (5). 

20 SEC. 11024. TECHNICAL AMENDMENTS. 

21 (a) ELIGIBILITY FOR DEPARTMENT PROGRAMS.—Sec22 tion 508(b) of the Federal Crop Insurance Act (7 U.S.C. 

23 1508(b)) is amended— 

24 (1) by striking paragraph (7); and 


rfrederick on DSK6VPTVN1PROD with BILLS
581 

•HR 1947 RH

1 (2) by redesignating paragraphs (8) through (11) 

2 as paragraphs (7) through (10), respectively. 

3 (b) EXCLUSIONS TO ASSISTANCE FOR LOSSES DUE TO

4 DROUGHT CONDITIONS.— 

5 (1) IN GENERAL.—Section 531(d)(3)(A) of the 

6 Federal Crop Insurance Act (7 U.S.C. 1531(d)(3)(A)) 

7 is amended— 

8 (A) by striking ‘‘(A) ELIGIBLE LOSSES.—’’ 

9 and all that follows through ‘‘An eligible’’ in 

10 clause (i) and inserting the following: 

11 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

12 (B) by striking clause (ii); and 

13 (C) by redesignating subclauses (I) and (II) 

14 as clauses (i) and (ii), respectively, and indent15 ing appropriately. 

16 (2) CONFORMING AMENDMENT.—Section 

17 901(d)(3)(A) of the Trade Act of 1974 (19 U.S.C. 

18 2497(d)(3)(A)) is amended— 

19 (A) by striking ‘‘(A) ELIGIBLE LOSSES.—’’ 

20 and all that follows through ‘‘An eligible’’ in 

21 clause (i) and inserting the following: 

22 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

23 (B) by striking clause (ii); and 


rfrederick on DSK6VPTVN1PROD with BILLS
582 

•HR 1947 RH

1 (C) by redesignating subclauses (I) and (II) 

2 as clauses (i) and (ii), respectively, and indent3 ing appropriately. 

4 TITLE XII—MISCELLANEOUS 

5 Subtitle A—Livestock 

6 SEC. 12101. NATIONAL SHEEP INDUSTRY IMPROVEMENT 

7 CENTER. 

8 Section 375(e)(6)(C) of the Consolidated Farm and 

9 Rural Development Act (7 U.S.C. 2008j(e)(6)(C)) is amend10 ed by striking ‘‘2012’’ and inserting ‘‘2018’’. 

11 SEC. 12102. REPEAL OF CERTAIN REGULATIONS UNDER THE 

12 PACKERS AND STOCKYARDS ACT, 1921. 

13 (a) REPEAL OF CERTAIN REGULATION REQUIRE14 MENT.—Section 11006 of the Food, Conservation, and En15 ergy Act of 2008 (Public Law 110–246; 122 Stat. 2120) 

16 is repealed. 

17 (b) REPEAL OF CERTAIN EXISTING REGULATION.— 

18 Subsection (n) of section 201.2 of title 9, Code of Federal 

19 Regulations, is repealed. 

20 (c) PROHIBITION ON ENFORCEMENT OF CERTAIN REG21 ULATIONS OR ISSUANCE OF SIMILAR REGULATIONS.—Not22 withstanding any other provision of law, the Secretary of 

23 Agriculture shall not— 

24 (1) enforce subsection (n) of section 201.2 of title 

25 9, Code of Federal Regulations; 


rfrederick on DSK6VPTVN1PROD with BILLS
583 

•HR 1947 RH

1 (2) finalize or implement sections 201.2(l), 

2 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 

3 201.213, and 201.214 of title 9, Code of Federal Regu4 lations, as proposed to be added by the proposed rule 

5 entitled ‘‘Implementation of Regulations Required 

6 Under Title XI of the Food, Conservation and Energy 

7 Act of 2008; Conduct in Violation of the Act’’ pub8 lished by the Department of Agriculture on June 22, 

9 2010 (75 Fed. Reg. 35338); or 

10 (3) issue regulations or adopt a policy similar to 

11 the provisions— 

12 (A) referred to in paragraph (1) or (2); or 

13 (B) rescinded by the Secretary pursuant to 

14 section 742 of the Consolidated and Further Con15 tinuing Appropriations Act, 2013 (Public Law 

16 113–6). 

17 SEC. 12103. TRICHINAE CERTIFICATION PROGRAM. 

18 (a) ALTERNATIVE CERTIFICATION PROCESS.—The 

19 Secretary of Agriculture shall amend the rule made under 

20 paragraph (2) of section 11010(a) of the Food, Conserva21 tion, and Energy Act of 2008 (7 U.S.C. 8304(a)) to imple22 ment the voluntary trichinae certification program estab23 lished under paragraph (1) of such section, to include a 

24 requirement to establish an alternative trichinae certifi25 cation process based on surveillance or other methods conVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
584 

•HR 1947 RH

1 sistent with international standards for categorizing com2 partments as having negligible risk for trichinae. 

3 (b) FINAL REGULATIONS.—Not later than one year 

4 after the date on which the international standards referred 

5 to in subsection (a) are adopted, the Secretary shall finalize 

6 the rule amended under such subsection. 

7 (c) REAUTHORIZATION.—Section 10405(d)(1) of the 

8 Animal Health Protection Act (7 U.S.C. 8304(d)(1)) is 

9 amended in subparagraphs (A) and (B) by striking ‘‘2012’’ 

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

11 SEC. 12104. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 

12 Section 11013(d) of the Food, Conservation, and En13 ergy Act of 2008 (7 U.S.C. 8322(d)) is amended by striking 

14 ‘‘2012’’ and inserting ‘‘2018’’. 

15 SEC. 12105. COUNTRY OF ORIGIN LABELING. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Agri18 culture, acting through the Office of the Chief Economist, 

19 shall conduct an economic analysis of the proposed rule en20 titled ‘‘Mandatory Country of Origin Labeling of Beef, 

21 Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised 

22 Fish and Shellfish, Perishable Agricultural Commodities, 

23 Peanuts, Pecans, Ginseng and Macadamia Nuts’’ published 

24 by the Department of Agriculture on March 12, 2013 (76 

25 Fed. Reg. 15645). 


rfrederick on DSK6VPTVN1PROD with BILLS
585 

•HR 1947 RH

1 (b) CONTENTS.—The economic analysis described in 

2 subsection (a) shall include, with respect to the labeling of 

3 beef, pork, and chicken, an analysis of the impact on con4 sumers, producers, and packers in the United States of— 

5 (1) the implementation of subtitle D of the Agri6 cultural Marketing Act of 1946 (7 U.S.C. 1638 et 

7 seq.); and 

8 (2) the proposed rule referred to in subsection 

9 (a). 

10 SEC. 12106. NATIONAL ANIMAL HEALTH LABORATORY NET11 WORK. 

12 Subtitle E of title X of the Farm Security and Rural 

13 Investment Act of 2002 is amended by inserting after sec14 tion 10409 (7 U.S.C. 8308) the following new section: 

15 ‘‘SEC. 10409A. NATIONAL ANIMAL HEALTH LABORATORY 

16 NETWORK. 

17 ‘‘(a) IN GENERAL.—The Secretary shall enter into con18 tracts, grants, cooperative agreements, or other legal instru19 ments with eligible laboratories for any of the following pur20 poses: 

21 ‘‘(1) To enhance the capability of the Secretary 

22 to detect, and respond in a timely manner to, emerg23 ing or existing threats to animal health and to sup24 port the protection of public health, the environment, 

25 and the agricultural economy of the United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
586 

•HR 1947 RH

1 ‘‘(2) To provide the capacity and capability for 

2 standardized— 

3 ‘‘(A) test procedures, reference materials, 

4 and equipment; 

5 ‘‘(B) laboratory biosafety and biosecurity 

6 levels; 

7 ‘‘(C) quality management system require8 ments; 

9 ‘‘(D) interconnected electronic reporting and 

10 transmission of data; and 

11 ‘‘(E) evaluation for emergency prepared12 ness. 

13 ‘‘(3) To coordinate the development, implementa14 tion, and enhancement of national veterinary diag15 nostic laboratory capabilities, with special emphasis 

16 on surveillance planning and vulnerability analysis, 

17 technology development and validation, training, and 

18 outreach. 

19 ‘‘(b) ELIGIBILITY.—An eligible laboratory under this 

20 section is a diagnostic laboratory meeting specific criteria 

21 developed by the Secretary, in consultation with State ani22 mal health officials and State and university veterinary di23 agnostic laboratories. 

24 ‘‘(c) PRIORITY.—To the extent practicable and to the 

25 extent capacity and specialized expertise may be necessary, 


rfrederick on DSK6VPTVN1PROD with BILLS
587 

•HR 1947 RH

1 the Secretary shall give priority to existing Federal, State, 

2 and university facilities. 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $15,000,000 for each of fiscal years 2014 through 2018.’’. 

6 SEC. 12107. REPEAL OF DUPLICATIVE CATFISH INSPECTION 

7 PROGRAM. 

8 (a) IN GENERAL.—Effective on the date of the enact9 ment of the Food, Conservation, and Energy Act of 2008 

10 (7 U.S.C. 8701 et seq.), section 11016 of such Act (Public 

11 Law 110–246; 122 Stat. 2130) and the amendments made 

12 by such section are repealed. 

13 (b) APPLICATION.—The Agricultural Marketing Act of 

14 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat Inspec15 tion Act (21 U.S.C. 601 et seq.) shall be applied and admin16 istered as if section 11016 (Public Law 110-246; 122 Stat. 

17 2130) of the Food, Conservation, and Energy Act of 2008 

18 (7 U.S.C. 8701 et seq.) and the amendments made by such 

19 section had not been enacted. 

20 SEC. 12108. NATIONAL POULTRY IMPROVEMENT PROGRAM. 

21 The Secretary of Agriculture shall ensure that the De22 partment of Agriculture continues to administer the diag23 nostic surveillance program for H5/H7 low pathogenic 

24 avian influenza with respect to commercial poultry under 

25 section 146.14 of title 9, Code of Federal Regulations (or 


rfrederick on DSK6VPTVN1PROD with BILLS
588 

•HR 1947 RH

1 a successor regulation) without amending the regulations 

2 in section 147.43 of title 9, Code of Federal Regulations 

3 (or a successor regulation) with respect to the governance 

4 of the General Conference Committee established under such 

5 section. The Secretary of Agriculture shall maintain— 

6 (1) the operations of the General Conference 

7 Committee— 

8 (A) in the physical location at which the 

9 Committee was located on the date of the enact10 ment of this Act; and 

11 (B) with the organizational structure with12 in the Department of Agriculture in effect as of 

13 such date; and 

14 (2) the funding levels for the National Poultry 

15 Improvement Plan for Commercial Poultry (estab16 lished under part 146 of title 9, Code of Federal Reg17 ulations or a successor regulation) at the fiscal year 

18 2013 funding levels for the Plan. 

19 SEC. 12109. REPORT ON BOVINE TUBERCULOSIS IN TEXAS. 

20 Not later than December 31, 2014, the Secretary of Ag21 riculture shall submit to the Committee on Agriculture of 

22 the House of Representatives and the Committee on Agri23 culture, Nutrition, and Forestry of the Senate a report on 

24 the incidence of bovine tuberculosis in cattle in Texas. The 


rfrederick on DSK6VPTVN1PROD with BILLS
589 

•HR 1947 RH

1 report shall cover the period beginning on January 1, 1997, 

2 and ending on December 31, 2013. 

3 Subtitle B—Socially Disadvantaged 

4 Producers and Limited Resource 

5 Producers 

6 SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY 

7 DISADVANTAGED FARMERS AND RANCHERS 

8 AND VETERAN FARMERS AND RANCHERS. 

9 (a) OUTREACH AND ASSISTANCE FOR SOCIALLY DIS10 ADVANTAGED FARMERS AND RANCHERS AND VETERAN

11 FARMERS AND RANCHERS.—Section 2501 of the Food, Ag12 riculture, Conservation, and Trade Act of 1990 (7 U.S.C. 

13 2279) is amended— 

14 (1) in the section heading, by inserting ‘‘AND

15 VETERAN FARMERS AND RANCHERS’’ after 

16 ‘‘RANCHERS’’; 

17 (2) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘and 

19 veteran farmers or ranchers’’ after ‘‘ranchers’’; 

20 (B) in paragraph (2)(B)(i), by inserting 

21 ‘‘and veteran farmers or ranchers’’ after ‘‘ranch22 ers’’; and 

23 (C) in paragraph (4)— 

24 (i) in subparagraph (A)— 


rfrederick on DSK6VPTVN1PROD with BILLS
590 

•HR 1947 RH

1 (I) in the heading of such sub2 paragraph, by striking ‘‘2012’’ and in3 serting ‘‘2018’’; 

4 (II) in clause (i), by striking 

5 ‘‘and’’ at the end; 

6 (III) in clause (ii), by striking the 

7 period at the end and inserting ‘‘; 

8 and’’; and 

9 (IV) by adding at the end the fol10 lowing new clause: 

11 ‘‘(iii) $10,000,000 for each of fiscal 

12 years 2014 through 2018.’’; and 

13 (ii) by adding at the end the following 

14 new subparagraph: 

15 ‘‘(E) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appropriated 

17 to carry out this section $20,000,000 for each of 

18 fiscal years 2014 through 2018.’’; 

19 (3) in subsection (b)(2), by inserting ‘‘or veteran 

20 farmers and ranchers’’ after ‘‘socially disadvantaged 

21 farmers and ranchers’’; 

22 (4) in subsection (c)— 

23 (A) in paragraph (1)(A), by inserting ‘‘vet24 eran farmers or ranchers and’’ before ‘‘members’’; 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
591 

•HR 1947 RH

1 (B) in paragraph (2)(A), by inserting ‘‘vet2 eran farmers or ranchers and’’ before ‘‘members’’; 

3 and 

4 (5) in subsection (e)(5)(A)— 

5 (A) in clause (i), by inserting ‘‘and veteran 

6 farmers or ranchers’’ after ‘‘ranchers’’; and 

7 (B) in clause (ii), by inserting ‘‘and veteran 

8 farmers or ranchers’’ after ‘‘ranchers’’. 

9 (b) DEFINITION OF VETERAN FARMER OR RANCH10 ER.—Section 2501(e) of the Food, Agriculture, Conserva11 tion, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended 

12 by adding at the end the following new paragraph: 

13 ‘‘(7) VETERAN FARMER OR RANCHER.—The term 

14 ‘veteran farmer or rancher’ means a farmer or ranch15 er who served in the active military, naval, or air 

16 service, and who was discharged or released from the 

17 service under conditions other than dishonorable.’’. 

18 SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH. 

19 Paragraph (3) of section 226B(f) of the Department 

20 of Agriculture Reorganization Act of 1994 (7 U.S.C. 

21 6934(f)) is amended to read as follows: 

22 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection— 


rfrederick on DSK6VPTVN1PROD with BILLS
592 

•HR 1947 RH

1 ‘‘(A) such sums as are necessary for each of 

2 fiscal years 2009 through 2013; and 

3 ‘‘(B) $2,000,000 for each of fiscal years 

4 2014 through 2018.’’. 

5 SEC. 12203. SOCIALLY DISADVANTAGED FARMERS AND 

6 RANCHERS POLICY RESEARCH CENTER. 

7 Section 2501 of the Food, Agriculture, Conservation, 

8 and Trade Act of 1990 (7 U.S.C. 2279), as amended by 

9 section 12201, is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(i) SOCIALLY DISADVANTAGED FARMERS AND

12 RANCHERS POLICY RESEARCH CENTER.—The Secretary 

13 shall award a grant to a college or university eligible to 

14 receive funds under the Act of August 30, 1890 (7 U.S.C. 

15 321 et seq.), including Tuskegee University, to establish a 

16 policy research center to be known as the ‘Socially Dis17 advantaged Farmers and Ranchers Policy Research Center’ 

18 for the purpose of developing policy recommendations for 

19 the protection and promotion of the interests of socially dis20 advantaged farmers and ranchers.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
593 

•HR 1947 RH

1 Subtitle C—Other Miscellaneous 

2 Provisions 

3 SEC. 12302. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFE4 TY, AND TRAINING OF AGRICULTURAL LABOR 

5 FORCE. 

6 Subsection (d) of section 14204 of the Food, Conserva7 tion, and Energy Act of 2008 (7 U.S.C. 2008q–1) is amend8 ed to read as follows: 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this sec11 tion— 

12 ‘‘(1) such sums as are necessary for each of fiscal 

13 years 2008 through 2013; and 

14 ‘‘(2) $10,000,000 for each of fiscal years 2014 

15 through 2018.’’. 

16 SEC. 12303. PROGRAM BENEFIT ELIGIBILITY STATUS FOR 

17 PARTICIPANTS IN HIGH PLAINS WATER 

18 STUDY. 

19 Section 2901 of the Food, Conservation, and Energy 

20 Act of 2008 (Public Law 110–246; 122 Stat. 1818) is 

21 amended by striking ‘‘this Act or an amendment made by 

22 this Act’’ and inserting ‘‘this Act, an amendment made by 

23 this Act, the Federal Agriculture Reform and Risk Manage24 ment Act of 2013, or an amendment made by the Federal 

25 Agriculture Reform and Risk Management Act of 2013’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
594 

•HR 1947 RH

1 SEC. 12304. OFFICE OF TRIBAL RELATIONS. 

2 (a) IN GENERAL.—Title III of the Federal Crop Insur3 ance Reform and Department of Agriculture Reorganiza4 tion Act of 1994 is amended by adding after section 308 

5 (7 U.S.C. 3125a note; Public Law 103–354) the following 

6 new section: 

7 ‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS. 

8 ‘‘The Secretary shall establish in the Office of the Sec9 retary an Office of Tribal Relations to advise the Secretary 

10 on policies related to Indian tribes.’’. 

11 (b) CONFORMING AMENDMENT.—Section 296(b) of the 

12 Department of Agriculture Reorganization Act of 1994 (7 

13 U.S.C. 7014(b)) is amended by inserting after paragraph 

14 (9), as added by section 4207, the following new paragraph: 

15 ‘‘(10) the authority of the Secretary to establish 

16 in the Office of the Secretary the Office of Tribal Re17 lations in accordance with section 309; and’’. 

18 SEC. 12305. MILITARY VETERANS AGRICULTURAL LIAISON. 

19 (a) IN GENERAL.—Subtitle A of the Department of Ag20 riculture Reorganization Act of 1994 is amended by insert21 ing after section 218 (7 U.S.C. 6918) the following new sec22 tion: 

23 ‘‘SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON. 

24 ‘‘(a) AUTHORIZATION.—The Secretary shall establish 

25 in the Department the position of Military Veterans Agri26 cultural Liaison. 


rfrederick on DSK6VPTVN1PROD with BILLS
595 

•HR 1947 RH

1 ‘‘(b) DUTIES.—The Military Veterans Agricultural Li2 aison shall— 

3 ‘‘(1) provide information to returning veterans 

4 about, and connect returning veterans with, beginning 

5 farmer training and agricultural vocational and re6 habilitation programs appropriate to the needs and 

7 interests of returning veterans, including assisting 

8 veterans in using Federal veterans educational bene9 fits for purposes relating to beginning a farming or 

10 ranching career; 

11 ‘‘(2) provide information to veterans concerning 

12 the availability of and eligibility requirements for 

13 participation in agricultural programs, with par14 ticular emphasis on beginning farmer and rancher 

15 programs; 

16 ‘‘(3) serve as a resource for assisting veteran 

17 farmers and ranchers, and potential farmers and 

18 ranchers, in applying for participation in agricul19 tural programs; and 

20 ‘‘(4) advocate on behalf of veterans in inter21 actions with employees of the Department.’’. 

22 (b) CONFORMING AMENDMENT.—Section 296(b) of the 

23 Department of Agriculture Reorganization Act of 1994 (7 

24 U.S.C. 7014(b)) is amended by inserting after paragraph 


rfrederick on DSK6VPTVN1PROD with BILLS
596 

•HR 1947 RH

1 (10), as added by section 12304, the following new para2 graph: 

3 ‘‘(11) the authority of the Secretary to establish 

4 in the Department the position of Military Veterans 

5 Agricultural Liaison in accordance with section 

6 219.’’. 

7 SEC. 12306. PROHIBITION ON KEEPING GSA LEASED CARS 

8 OVERNIGHT. 

9 Effective immediately, a Federal employee of a State 

10 office of the Farm Service Agency in the field and non-Fed11 eral employees of county and area committees established 

12 under section 8(b)(5) of the Soil Conservation and Domestic 

13 Allotment Act (16 U.S.C. 590h(b)(5)) shall keep leased 

14 interagency motor pool vehicles at a location listed on the 

15 General Services Administration inventory of owned and 

16 leased properties or a location owned or leased by the De17 partment of Agriculture overnight unless the employee as18 signed the vehicle is on overnight, approved travel status 

19 involving per diem. 

20 SEC. 12307. NONINSURED CROP ASSISTANCE PROGRAM. 

21 Section 196 of the Federal Agriculture Improvement 

22 and Reform Act of 1996 (7 U.S.C. 7333), as amended by 

23 section 11013(b), is further amended— 

24 (1) in subsection (a)— 


rfrederick on DSK6VPTVN1PROD with BILLS
597 

•HR 1947 RH

1 (A) by striking paragraph (1) and inserting 

2 the following new paragraph: 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) COVERAGES.—In the case of an eligi5 ble crop described in paragraph (2), the Sec6 retary of Agriculture shall operate a noninsured 

7 crop disaster assistance program to provide cov8 erages based on individual yields (other than for 

9 value-loss crops) equivalent to— 

10 ‘‘(i) catastrophic risk protection avail11 able under section 508(b) of the Federal 

12 Crop Insurance Act (7 U.S.C. 1508(b)); or 

13 ‘‘(ii) additional coverage available 

14 under subsections (c) and (h) of section 508 

15 of that Act (7 U.S.C. 1508) that does not 

16 exceed 65 percent. 

17 ‘‘(B) ADMINISTRATION.—The Secretary 

18 shall carry out this section through the Farm 

19 Service Agency (referred to in this section as the 

20 ‘Agency’).’’; and 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (A)— 

23 (I) in clause (i), by striking 

24 ‘‘and’’ after the semicolon at the end; 


rfrederick on DSK6VPTVN1PROD with BILLS
598 

•HR 1947 RH

1 (II) by redesignating clause (ii) 

2 as clause (iii); and 

3 (III) by inserting after clause (i) 

4 the following new clause: 

5 ‘‘(ii) for which additional coverage 

6 under subsections (c) and (h) of section 508 

7 of that Act (7 U.S.C. 1508) is not available; 

8 and’’; and 

9 (ii) in subparagraph (B), by inserting 

10 ‘‘sweet sorghum, biomass sorghum,’’ before 

11 ‘‘and industrial crops’’; 

12 (2) in subsection (d), by striking ‘‘The Sec13 retary’’ and inserting ‘‘Subject to subsection (l), the 

14 Secretary’’; and 

15 (3) by adding at the end the following new sub16 section: 

17 ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV18 ERAGE.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall make 

20 available to a producer eligible for noninsured assist21 ance under this section a payment equivalent to an 

22 indemnity for additional coverage under subsections 

23 (c) and (h) of section 508 of the Federal Crop Insur24 ance Act (7 U.S.C. 1508) that does not exceed 65 perVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
599 

•HR 1947 RH

1 cent of the established yield for the eligible crop on the 

2 farm, computed by multiplying— 

3 ‘‘(A) the quantity that is not greater than 

4 65 percent of the established yield for the crop, 

5 as determined by the Secretary, specified in in6 crements of 5 percent; 

7 ‘‘(B) 100 percent of the average market 

8 price for the crop, as determined by the Sec9 retary; and 

10 ‘‘(C) a payment rate for the type of crop, as 

11 determined by the Secretary, that reflects— 

12 ‘‘(i) in the case of a crop that is pro13 duced with a significant and variable har14 vesting expense, the decreasing cost incurred 

15 in the production cycle for the crop that is, 

16 as applicable— 

17 ‘‘(I) harvested; 

18 ‘‘(II) planted but not harvested; or 

19 ‘‘(III) prevented from being plant20 ed because of drought, flood, or other 

21 natural disaster, as determined by the 

22 Secretary; or 

23 ‘‘(ii) in the case of a crop that is pro24 duced without a significant and variable 


rfrederick on DSK6VPTVN1PROD with BILLS
600 

•HR 1947 RH

1 harvesting expense, such rate as shall be de2 termined by the Secretary. 

3 ‘‘(2) PREMIUM.—To be eligible to receive a pay4 ment under this subsection, a producer shall pay— 

5 ‘‘(A) the service fee required by subsection 

6 (k); and 

7 ‘‘(B) a premium for the applicable crop 

8 year that is equal to the product obtained by 

9 multiplying— 

10 ‘‘(i) the number of acres devoted to the 

11 eligible crop; 

12 ‘‘(ii) the established yield for the eligi13 ble crop, as determined by the Secretary 

14 under subsection (e); 

15 ‘‘(iii) the coverage level elected by the 

16 producer; 

17 ‘‘(iv) the average market price, as de18 termined by the Secretary; and 

19 ‘‘(v) .0525. 

20 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO21 CIALLY DISADVANTAGED FARMERS.—The additional 

22 coverage made available under this subsection shall be 

23 available to limited resource, beginning, and socially 

24 disadvantaged producers, as determined by the Sec25 retary, in exchange for a premium that is 50 percent 


rfrederick on DSK6VPTVN1PROD with BILLS
601 

•HR 1947 RH

1 of the premium determined for a producer under 

2 paragraph (2). 

3 ‘‘(4) PREMIUM PAYMENT AND APPLICATION

4 DEADLINE.— 

5 ‘‘(A) PREMIUM PAYMENT.—A producer 

6 electing additional coverage under this subsection 

7 shall pay the premium amount owed for the ad8 ditional coverage by September 30 of the crop 

9 year for which the additional coverage is pur10 chased. 

11 ‘‘(B) APPLICATION DEADLINE.—The latest 

12 date on which additional coverage under this 

13 subsection may be elected shall be the application 

14 closing date described in subsection (b)(1). 

15 ‘‘(5) EFFECTIVE DATE.—Additional coverage 

16 under this subsection shall be available beginning 

17 with the 2015 crop.’’. 

18 SEC. 12308. ENSURING HIGH STANDARDS FOR AGENCY USE 

19 OF SCIENTIFIC INFORMATION. 

20 (a) REQUIREMENT FOR FINAL GUIDELINES.—Not 

21 later than January 1, 2014, each Federal agency shall have 

22 in effect guidelines for ensuring and maximizing the qual23 ity, objectivity, utility, and integrity of scientific informa24 tion relied upon by such agency. 


rfrederick on DSK6VPTVN1PROD with BILLS
602 

•HR 1947 RH

1 (b) CONTENT OF GUIDELINES.—The guidelines de2 scribed in subsection (a), with respect to a Federal agency, 

3 shall ensure that— 

4 (1) when scientific information is considered by 

5 the agency in policy decisions— 

6 (A) the information is subject to well-estab7 lished scientific processes, including peer review 

8 where appropriate; 

9 (B) the agency appropriately applies the 

10 scientific information to the policy decision; 

11 (C) except for information that is protected 

12 from disclosure by law or administrative prac13 tice, the agency makes available to the public the 

14 scientific information considered by the agency; 

15 (D) the agency gives greatest weight to in16 formation that is based on experimental, empir17 ical, quantifiable, and reproducible data that is 

18 developed in accordance with well-established sci19 entific processes; and 

20 (E) with respect to any proposed rule issued 

21 by the agency, such agency follows procedures 

22 that include, to the extent feasible and permitted 

23 by law, an opportunity for public comment on 

24 all relevant scientific findings; 


rfrederick on DSK6VPTVN1PROD with BILLS
603 

•HR 1947 RH

1 (2) the agency has procedures in place to make 

2 policy decisions only on the basis of the best reason3 ably obtainable scientific, technical, economic, and 

4 other evidence and information concerning the need 

5 for, consequences of, and alternatives to the decision; 

6 and 

7 (3) the agency has in place procedures to iden8 tify and address instances in which the integrity of 

9 scientific information considered by the agency may 

10 have been compromised, including instances in which 

11 such information may have been the product of a sci12 entific process that was compromised. 

13 (c) APPROVAL NEEDED FOR POLICY DECISIONS TO

14 TAKE EFFECT.—No policy decision issued after January 

15 1, 2014, by an agency subject to this section may take effect 

16 prior to such date that the agency has in effect guidelines 

17 under subsection (a) that have been approved by the Direc18 tor of the Office of Science and Technology Policy. 

19 (d) POLICY DECISIONS NOT IN COMPLIANCE.— 

20 (1) IN GENERAL.—Subject to paragraph (2), a 

21 policy decision of an agency that does not comply 

22 with guidelines approved under subsection (c) shall be 

23 deemed to be arbitrary, capricious, an abuse of discre24 tion, and otherwise not in accordance with law. 


rfrederick on DSK6VPTVN1PROD with BILLS
604 

•HR 1947 RH

1 (2) EXCEPTION.—This subsection shall not apply 

2 to policy decisions that are deemed to be necessary be3 cause of an imminent threat to health or safety or be4 cause of another emergency. 

5 (e) DEFINITIONS.—For purposes of this section: 

6 (1) AGENCY.—The term ‘‘agency’’ has the mean7 ing given such term in section 551(1) of title 5, 

8 United States Code. 

9 (2) POLICY DECISION.—The term ‘‘policy deci10 sion’’ means, with respect to an agency, an agency 

11 action as defined in section 551(13) of title 5, United 

12 States Code, (other than an adjudication, as defined 

13 in section 551(7) of such title), and includes— 

14 (A) the listing, labeling, or other identifica15 tion of a substance, product, or activity as haz16 ardous or creating risk to human health, safety, 

17 or the environment; and 

18 (B) agency guidance. 

19 (3) AGENCY GUIDANCE.—The term ‘‘agency guid20 ance’’ means an agency statement of general applica21 bility and future effect, other than a regulatory ac22 tion, that sets forth a policy on a statutory, regu23 latory, or technical issue or on an interpretation of 

24 a statutory or regulatory issue. 


rfrederick on DSK6VPTVN1PROD with BILLS
605 

•HR 1947 RH

1 SEC. 12309. EVALUATION REQUIRED FOR PURPOSES OF 

2 PROHIBITION ON CLOSURE OR RELOCATION 

3 OF COUNTY OFFICES FOR THE FARM SERVICE 

4 AGENCY. 

5 (a) PROHIBITION ON CLOSURE OR RELOCATION OF

6 OFFICES WITH HIGH WORKLOAD VOLUME.—Section 14212 

7 of the Food, Conservation, and Energy Act of 2008 (7 

8 U.S.C. 6932a) is amended by striking subsection (a) and 

9 inserting the following new subsection: 

10 ‘‘(a) PROHIBITION ON CLOSURE OR RELOCATION OF

11 OFFICES WITH HIGH WORKLOAD VOLUME.—The Secretary 

12 of Agriculture may not close or relocate a county or field 

13 office of the Farm Service Agency in a State if the Secretary 

14 determines, after conducting the evaluation required under 

15 subsection (b)(1)(B), that the office has a high workload vol16 ume compared with other county offices in the State.’’. 

17 (b) WORKLOAD EVALUATION.—Section 14212(b)(1) of 

18 such Act (7 U.S.C. 6932a(b)(1)) is amended— 

19 (1) by redesignating subparagraphs (A) and (B) 

20 as clauses (i) and (ii), respectively, and moving the 

21 margins of such clauses two ems to the right; 

22 (2) by striking ‘‘the Farm Service Agency, to the 

23 maximum extent practicable’’ and inserting ‘‘the 

24 Farm Service Agency— 

25 ‘‘(A) to the maximum extent practicable’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
606 

•HR 1947 RH

1 (3) in clause (ii) (as redesignated by paragraph 

2 (1))— 

3 (A) by inserting ‘‘as of the date of the enact4 ment of this Act’’ after ‘‘employees’’; and 

5 (B) by striking the period at the end and 

6 inserting ‘‘; and’’; and 

7 (4) by adding at the end the following new sub8 paragraph: 

9 ‘‘(B) conduct and complete an evaluation of 

10 all workload assessments for Farm Service Agen11 cy county offices that were open and operational 

12 as of January 1, 2012, during the period that 

13 begins on a date that is not later than 180 days 

14 after the date of the enactment of the Federal Ag15 riculture Reform and Risk Management Act of 

16 2013 and ends on the date that is 18 months 

17 after such date of enactment.’’. 

18 (c) NOTICE REQUIRED.—Section 14212(b)(2) of such 

19 Act (7 U.S.C. 6932a(b)(2)) is amended— 

20 (1) in the matter preceding subparagraph (A), 

21 by striking ‘‘After the period referred to in subsection 

22 (a)(1), the Secretary of Agriculture may not close a 

23 county or field office of the Farm Service Agency un24 less—’’ and inserting ‘‘After carrying out each of the 

25 activities required under paragraph (1), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
607 

•HR 1947 RH

1 of Agriculture shall, before closing a county or field 

2 office of the Farm Service Agency—’’; 

3 (2) in subparagraph (A), by striking ‘‘the Sec4 retary holds’’ and inserting ‘‘hold’’; and 

5 (3) in subparagraph (B), by striking ‘‘the Sec6 retary notifies’’ and inserting ‘‘notify’’. 

7 (d) CONFORMING AMENDMENT.—Section 14212(b)(1) 

8 of such Act (7 U.S.C. 6932a(b)(1)) is amended by striking 

9 ‘‘After the period referred to in subsection (a)(1), the Sec10 retary’’ and inserting ‘‘The Secretary’’. 

11 SEC. 12310. ACER ACCESS AND DEVELOPMENT PROGRAM. 

12 (a) GRANTS AUTHORIZED.—The Secretary of Agri13 culture may make competitive grants to States, tribal gov14 ernments, and research institutions to support the efforts 

15 of such States, tribal governments, and research institutions 

16 to promote the domestic maple syrup industry through the 

17 following activities: 

18 (1) Promotion of research and education related 

19 to maple syrup production. 

20 (2) Promotion of natural resource sustainability 

21 in the maple syrup industry. 

22 (3) Market promotion for maple syrup and 

23 maple-sap products. 


rfrederick on DSK6VPTVN1PROD with BILLS
608 

•HR 1947 RH

1 (4) Encouragement of owners and operators of 

2 privately-held land containing species of trees in the 

3 genus Acer— 

4 (A) to initiate or expand maple-sugaring 

5 activities on the land; or 

6 (B) to voluntarily make the land available, 

7 including by lease or other means, for access by 

8 the public for maple-sugaring activities. 

9 (b) APPLICATION.—In submitting an application for 

10 a competitive grant under this section, a State, tribal gov11 ernment, or research institution shall include— 

12 (1) a description of the activities to be supported 

13 using the grant funds; 

14 (2) a description of the benefits that the State, 

15 tribal government, or research institution intends to 

16 achieve as a result of engaging in such activities; and 

17 (3) an estimate of the increase in maple-sug18 aring activities or maple syrup production that the 

19 State, tribal government, or research institution an20 ticipates will occur as a result of engaging in such ac21 tivities. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this section 

23 shall be construed so as to preempt a State or tribal govern24 ment law, including a State or tribal government liability 

25 law. 


rfrederick on DSK6VPTVN1PROD with BILLS
609 

•HR 1947 RH

1 (d) DEFINITION OF MAPLE-SUGARING.—In this sec2 tion, the term ‘‘maple-sugaring’’ means the collection of sap 

3 from any species of tree in the genus Acer for the purpose 

4 of boiling to produce food. 

5 (e) REGULATIONS.—The Secretary of Agriculture shall 

6 promulgate such regulations as are necessary to carry out 

7 this section. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated to carry out this section 

10 $20,000,000 for each of fiscal years 2014 through 2018. 

11 SEC. 12311. REGULATORY REVIEW BY THE SECRETARY OF 

12 AGRICULTURE. 

13 (a) REVIEW OF REGULATORY AGENDA.—The Sec14 retary of Agriculture shall review publications that may 

15 give notice that the Environmental Protection Agency is 

16 preparing or plans to prepare any guidance, policy, memo17 randum, regulation, or statement of general applicability 

18 and future effect that may have a significant impact on 

19 a substantial number of agricultural entities, including— 

20 (1) any regulatory agenda of the Environmental 

21 Protection Agency published pursuant to section 602 

22 of title 5, United States Code; 

23 (2) any regulatory plan or agenda published by 

24 the Environmental Protection Agency or the Office of 


rfrederick on DSK6VPTVN1PROD with BILLS
610 

•HR 1947 RH

1 Management and Budget pursuant to an Executive 

2 order, including Executive Order 12866; and 

3 (3) any other publication issued by the Environ4 mental Protection Agency or the Office of Manage5 ment and Budget that may reasonably be foreseen to 

6 contain notice of plans by the Environmental Protec7 tion Agency to prepare any guidance, policy, memo8 randum, regulation, or statement of general applica9 bility and future effect that may have a significant 

10 impact on a substantial number of agricultural enti11 ties. 

12 (b) INFORMATION GATHERING.—For a publication 

13 item reviewed under subsection (a) that the Secretary deter14 mines may have a significant impact on a substantial num15 ber of agricultural entities, the Secretary shall— 

16 (1) solicit from the Administrator of the Envi17 ronmental Protection Agency any information the 

18 Administrator may provide to facilitate a review of 

19 the publication item; 

20 (2) utilize the Chief Economist of the Depart21 ment of Agriculture to produce an economic impact 

22 statement for the publication item that contains a de23 tailed estimate of potential costs to agricultural enti24 ties; 


rfrederick on DSK6VPTVN1PROD with BILLS
611 

•HR 1947 RH

1 (3) identify individuals representative of poten2 tially affected agricultural entities for the purpose of 

3 obtaining advice and recommendations from such in4 dividuals about the potential impacts of the publica5 tion item; and 

6 (4) convene a review panel for analysis of the 

7 publication item that includes the Secretary, any full8 time Federal employee of the Department of Agri9 culture appointed to the panel by the Secretary, and 

10 any employee of the Environmental Protection Agen11 cy or the Office of Information and Regulatory Af12 fairs within the Office of Management and Budget 

13 that accepts an invitation from the Secretary to par14 ticipate in the panel. 

15 (c) DUTIES OF THE REVIEW PANEL.—A review panel 

16 convened for a publication item under subsection (b)(4) 

17 shall— 

18 (1) review any information or material obtained 

19 by the Secretary and prepared in connection with the 

20 publication item, including any draft proposed guid21 ance, policy, memorandum, regulation, or statement 

22 of general applicability and future effect; 

23 (2) collect advice and recommendations from ag24 ricultural entity representatives identified by the Ad25 ministrator after consultation with the Secretary; 


rfrederick on DSK6VPTVN1PROD with BILLS
612 

•HR 1947 RH

1 (3) compile and analyze such advice and rec2 ommendations; and 

3 (4) make recommendations to the Secretary 

4 based on the information gathered by the review panel 

5 or provided by agricultural entity representatives. 

6 (d) COMMENTS.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date the Secretary convenes a review panel pursu9 ant to subsection (b)(4), the Secretary shall submit to 

10 the Administrator comments on the planned or pro11 posed guidance, policy, memorandum, regulation, or 

12 statement of general applicability and future effect for 

13 consideration and inclusion in any related adminis14 trative record, including— 

15 (A) a report by the Secretary on the con16 cerns of agricultural entities; 

17 (B) the findings of the review panel; 

18 (C) the findings of the Secretary, including 

19 any adopted findings of the review panel; and 

20 (D) recommendations of the Secretary. 

21 (2) PUBLICATION.—The Secretary shall publish 

22 the comments in the Federal Register and make the 

23 comments available to the public on the public Inter24 net website of the Department of Agriculture. 


rfrederick on DSK6VPTVN1PROD with BILLS
613 

•HR 1947 RH

1 (e) WAIVERS.—The Secretary may waive initiation of 

2 the review panel under subsection (b)(4) as the Secretary 

3 determines appropriate. 

4 (f) DEFINITION OF AGRICULTURAL ENTITY.—In this 

5 section, the term ‘‘agricultural entity’’ means any entity 

6 involved in or related to agricultural enterprise, including 

7 enterprises that are engaged in the business of production 

8 of food and fiber, ranching and raising of livestock, aqua9 culture, and all other farming and agricultural related in10 dustries. 

11 SEC. 12312. AGRICULTURAL COMMODITY DEFINITION. 

12 Section 513(1) of the Commodity Promotion, Research, 

13 and Information Act of 1996 (7 U.S.C. 7412(1)), as amend14 ed by section 10004(g), is amended— 

15 (1) by redesignating subparagraphs (E), (F), 

16 and (G) (as added or redesignated by such section 

17 10004(g), as the case may be) as subparagraphs (F), 

18 (G), and (H), respectively; and 

19 (2) by inserting after subparagraph (D) the fol20 lowing new subparagraph: 

21 ‘‘(E) the products of natural stone;’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
614 

•HR 1947 RH

1 SEC. 12313. PROHIBITION ON ATTENDING AN ANIMAL 

2 FIGHTING VENTURE OR CAUSING A MINOR TO 

3 ATTEND AN ANIMAL FIGHTING VENTURE. 

4 Section 26(a)(1) of the Animal Welfare Act (7 U.S.C. 

5 2156(a)(1)) is amended by striking the period and inserting 

6 ‘‘or to knowingly attend or knowingly cause a minor to at7 tend an animal fighting venture.’’. 

8 SEC. 12314. PROHIBITION AGAINST INTERFERENCE BY 

9 STATE AND LOCAL GOVERNMENTS WITH PRO10 DUCTION OR MANUFACTURE OF ITEMS IN 

11 OTHER STATES. 

12 (a) IN GENERAL.—Consistent with Article I, section 

13 8, clause 3 of the Constitution of the United States, the gov14 ernment of a State or locality therein shall not impose a 

15 standard or condition on the production or manufacture 

16 of any agricultural product sold or offered for sale in inter17 state commerce if— 

18 (1) such production or manufacture occurs in 

19 another State; and 

20 (2) the standard or condition is in addition to 

21 the standards and conditions applicable to such pro22 duction or manufacture pursuant to— 

23 (A) Federal law; and 

24 (B) the laws of the State and locality in 

25 which such production or manufacture occurs. 


rfrederick on DSK6VPTVN1PROD with BILLS
615 

•HR 1947 RH

1 (b) AGRICULTURAL PRODUCT DEFINED.—In this sec2 tion, the term ‘‘agricultural product’’ has the meaning 

3 given such term in section 207 of the Agricultural Mar4 keting Act of 1946 (7 U.S.C. 1626). 

5 SEC. 12315. INCREASED PROTECTION FOR AGRICULTURAL 

6 INTERESTS IN THE MISSOURI RIVER BASIN. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Record runoff occurred in the Missouri River 

9 basin during 2011 as a result of historic rainfall over 

10 portions of the upper basin coupled with heavy plains 

11 and mountain snowpack. 

12 (2) Runoff above Sioux City, Iowa, during the 5- 

13 month period of March through July totaled an esti14 mated 48.4 million acre-feet (referred to in this sec15 tion as ‘‘MAF’’). This runoff volume was more than 

16 20 percent greater than the design storm for the Mis17 souri River Mainstem Reservoir System (referred to 

18 in this section as the ‘‘System’’), which was based on 

19 the 1881 runoff of 40.0 MAF during the same 5- 

20 month period. 

21 (3) During the 2011 runoff season, nearly 61 

22 million acre-feet of water entered the Missouri River 

23 system, far surpassing the previous record of 49 MAF 

24 in runoff that was set during the flood of 1997. 


rfrederick on DSK6VPTVN1PROD with BILLS
616 

•HR 1947 RH

1 (4) Given the incredible amount of water enter2 ing the System, the summer months were spent work3 ing to evacuate as much water from the System as 

4 possible, ultimately leading to record high water re5 leases from Gavins Point Dam of 160,000 cubic feet 

6 per second, a rate that more than doubled the pre7 vious release record of 70,000 cubic feet per second set 

8 in 1997. 

9 (5) For nearly four months, those extremely high 

10 releases from Gavins Point were maintained, result11 ing in severe and sustained flooding, with much of 

12 western Iowa and eastern Nebraska as well as por13 tions of South Dakota, Kansas, and Missouri inun14 dated by a flooding river three to five feet deep, up 

15 to 11 miles wide, and flowing at a rate of 4 to 11 

16 miles per hour. 

17 (6) Thousands of homes and businesses were 

18 damaged or destroyed and hundreds of millions of 

19 dollars in damage was done to roads and other public 

20 infrastructure. 

21 (7) In addition to the homes, businesses, and in22 frastructure impacted by the flooding, hundreds of 

23 thousands of acres of cropland were affected. 


rfrederick on DSK6VPTVN1PROD with BILLS
617 

•HR 1947 RH

1 (8) The Department of Agriculture has estimated 

2 that 400,000 to 500,000 acres of some of the most pro3 ductive crop land in the world was flooded in 2011. 

4 (9) Local Farm Services Agency representatives 

5 have estimated that $82,100,000 was lost in 2011 

6 alone due to damaged or lost crops and unplanted 

7 acres. 

8 (10) Not only did the flooding eliminate the 2011 

9 crop, but it is highly unlikely that many farmers will 

10 be able to put that land back into production at any 

11 point in the near future. 

12 (11) Producers will have to contend with large 

13 piles of sand, silt, and other debris that have been de14 posited in their fields, meaning the impact of the 

15 2011 flood will be felt in the agricultural communities 

16 up and down the Missouri River for many years to 

17 come. 

18 (12) Currently, the amount of storage capacity 

19 in the System that is set aside for flood control is 

20 based upon the vacated space required to control the 

21 1881 flood, because prior to the 2011 flood, the 1881 

22 flood was seen as the ‘‘high water mark’’. 

23 (13) Given the historic flooding that took place 

24 in 2011, it is clear that that year’s flooding now repVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
618 

•HR 1947 RH

1 resents a new ‘‘high water mark’’, surpassing the 

2 flooding of even the 1881 flood. 

3 (14) It is important that the flood control related 

4 functions of the System management be adjusted to 

5 reflect the reality of the 2011 flood as the new ‘‘worst 

6 case scenario’’ for flooding along the Missouri River. 

7 (15) System management may begin to be ad8 justed to account for the 2011 flood through a recal9 culation of the amount of storage space within the 

10 System that is allocated to flood control, using the 

11 model not of the 1881 flood, but of the greatest flood 

12 experienced—the flood of 2011. 

13 (16) As a result of the flooding in 2011, many 

14 States received disaster declarations from the Depart15 ment of Agriculture to help farmers and producers re16 cover from the damage done by the high water. 

17 (17) Though helpful, even the assistance provided 

18 by the Department of Agriculture will not provide 

19 many in the agriculture community with the re20 sources to put their land back into production any 

21 time soon. 

22 (18) Without the protection that will come from 

23 a fundamental change in the System’s flood control 

24 storage allocations, farmers, producers, and other ag25 ricultural interests who may be in a position to reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6203 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
619 

•HR 1947 RH

1 start their operations will find it difficult to justify 

2 doing so, given the fact that they will not be protected 

3 from similar flooding in the future. 

4 (b) UPDATED MANAGEMENT OF THE MISSOURI RIVER

5 TO PROTECT AGRICULTURAL INTERESTS.—In order to 

6 strengthen the agricultural economy, revitalize the rural 

7 communities, and conserve the natural resources of the Mis8 souri River basin, the Congress directs that the Secretary 

9 of Agriculture take action to promote immediate increased 

10 flood protection to farmers, producers, and other agricul11 tural interests in the Missouri River basin by working with12 in its jurisdiction to support efforts— 

13 (1) to recalculate the amount of space within the 

14 System that is allocated to flood control storage using 

15 the 2011 flood as the model; and 

16 (2) to increase the Missouri River’s channel ca17 pacity between the reservoirs and below Gavins Point. 

18 SEC. 12316. INCREASED PROTECTION FOR AGRICULTURAL 

19 INTERESTS IN THE BLACK DIRT REGION. 

20 In order to strengthen the agricultural economy, revi21 talize the rural communities, and conserve the natural re22 sources of the Black Dirt region, the Congress directs that 

23 the Secretary of Agriculture take action to promote imme24 diate increased flood protection to farmers, producers, and 


rfrederick on DSK6VPTVN1PROD with BILLS
620 

•HR 1947 RH

1 other agricultural interests around the Wallkill River and 

2 in the Black Dirt region. 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Agriculture Reform and Risk Management Act 

6 of 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary of Agriculture. 

TITLE I—COMMODITIES 

Subtitle A—Repeals and Reforms 

Sec. 1101. Repeal of direct payments. 

Sec. 1102. Repeal of counter-cyclical payments. 

Sec. 1103. Repeal of average crop revenue election program. 

Sec. 1104. Definitions. 

Sec. 1105. Base acres. 

Sec. 1106. Payment yields. 

Sec. 1107. Farm risk management election. 

Sec. 1108. Producer agreements. 

Sec. 1109. Period of effectiveness. 

Subtitle B—Marketing Loans 

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. 

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

Sec. 1203. Term of loans. 

Sec. 1204. Repayment of loans. 

Sec. 1205. Loan deficiency payments. 

Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. 

Sec. 1207. Special marketing loan provisions for upland cotton. 

Sec. 1208. Special competitive provisions for extra long staple cotton. 

Sec. 1209. Availability of recourse loans for high moisture feed grains and seed 

cotton. 

Sec. 1210. Adjustments of loans. 

Subtitle C—Sugar 

Sec. 1301. Sugar program. 

Subtitle D—Dairy 

PART I—DAIRY PRODUCER MARGIN PROTECTION AND DAIRY MARKET

STABILIZATION PROGRAMS


rfrederick on DSK6VPTVN1PROD with BILLS
621 

•HR 1947 RH

Sec. 1401. Definitions. 

Sec. 1402. Calculation of average feed cost and actual dairy producer margins. 

SUBPART A—DAIRY PRODUCER MARGIN PROTECTION PROGRAM

Sec. 1411. Establishment of dairy producer margin protection program. 

Sec. 1412. Participation of dairy producers in margin protection program. 

Sec. 1413. Production history of participating dairy producers. 

Sec. 1414. Basic margin protection. 

Sec. 1415. Supplemental margin protection. 

Sec. 1416. Effect of failure to pay administrative fees or premiums. 

SUBPART B—DAIRY MARKET STABILIZATION PROGRAM

Sec. 1431. Establishment of dairy market stabilization program. 

Sec. 1432. Threshold for implementation and reduction in dairy producer payments. 

Sec. 1433. Producer milk marketing information. 

Sec. 1434. Calculation and collection of reduced dairy producer payments. 

Sec. 1435. Remitting monies to the Secretary and use of monies. 

Sec. 1436. Suspension of reduced payment requirement. 

Sec. 1437. Enforcement. 

Sec. 1438. Audit requirements. 

SUBPART C—COMMODITY CREDIT CORPORATION

Sec. 1451. Use of Commodity Credit Corporation. 

SUBPART D—INITIATION AND DURATION

Sec. 1461. Rulemaking. 

Sec. 1462. Duration. 

PART II—REPEAL OR REAUTHORIZATION OF OTHER DAIRY-RELATED

PROVISIONS

Sec. 1481. Repeal of dairy product price support and milk income loss contract 

programs. 

Sec. 1482. Repeal of dairy export incentive program. 

Sec. 1483. Extension of dairy forward pricing program. 

Sec. 1484. Extension of dairy indemnity program. 

Sec. 1485. Extension of dairy promotion and research program. 

Sec. 1486. Repeal of Federal Milk Marketing Order Review Commission. 

PART III—EFFECTIVE DATE

Sec. 1491. Effective date. 

Subtitle E—Supplemental Agricultural Disaster Assistance Programs 

Sec. 1501. Supplemental agricultural disaster assistance. 

Subtitle F—Administration 

Sec. 1601. Administration generally. 

Sec. 1602. Suspension of permanent price support authority. 

Sec. 1603. Payment limitations. 

Sec. 1604. Adjusted gross income limitation. 

Sec. 1605. Geographically disadvantaged farmers and ranchers. 


rfrederick on DSK6VPTVN1PROD with BILLS
622 

•HR 1947 RH

Sec. 1606. Personal liability of producers for deficiencies. 

Sec. 1607. Prevention of deceased individuals receiving payments under farm 

commodity programs. 

Sec. 1608. Technical corrections. 

Sec. 1609. Assignment of payments. 

Sec. 1610. Tracking of benefits. 

Sec. 1611. Signature authority. 

Sec. 1612. Implementation. 

TITLE II—CONSERVATION 

Subtitle A—Conservation Reserve Program 

Sec. 2001. Extension and enrollment requirements of conservation reserve program. 

Sec. 2002. Farmable wetland program. 

Sec. 2003. Duties of owners and operators. 

Sec. 2004. Duties of the Secretary. 

Sec. 2005. Payments. 

Sec. 2006. Contract requirements. 

Sec. 2007. Conversion of land subject to contract to other conserving uses. 

Sec. 2008. Effective date. 

Subtitle B—Conservation Stewardship Program 

Sec. 2101. Conservation stewardship program. 

Subtitle C—Environmental Quality Incentives Program 

Sec. 2201. Purposes. 

Sec. 2202. Establishment and administration. 

Sec. 2203. Evaluation of applications. 

Sec. 2204. Duties of producers. 

Sec. 2205. Limitation on payments. 

Sec. 2206. Conservation innovation grants and payments. 

Sec. 2207. Effective date. 

Subtitle D—Agricultural Conservation Easement Program 

Sec. 2301. Agricultural conservation easement program. 

Subtitle E—Regional Conservation Partnership Program 

Sec. 2401. Regional conservation partnership program. 

Subtitle F—Other Conservation Programs 

Sec. 2501. Conservation of private grazing land. 

Sec. 2502. Grassroots source water protection program. 

Sec. 2503. Voluntary public access and habitat incentive program. 

Sec. 2504. Agriculture conservation experienced services program. 

Sec. 2505. Small watershed rehabilitation program. 

Sec. 2506. Agricultural management assistance program. 

Subtitle G—Funding and Administration 

Sec. 2601. Funding. 

Sec. 2602. Technical assistance. 


rfrederick on DSK6VPTVN1PROD with BILLS
623 

•HR 1947 RH

Sec. 2603. Reservation of funds to provide assistance to certain farmers or 

ranchers for conservation access. 

Sec. 2604. Annual report on program enrollments and assistance. 

Sec. 2605. Review of conservation practice standards. 

Sec. 2606. Administrative requirements applicable to all conservation programs. 

Sec. 2607. Standards for State technical committees. 

Sec. 2608. Rulemaking authority. 

Subtitle H—Repeal of Superseded Program Authorities and Transitional 

Provisions; Technical Amendments 

Sec. 2701. Comprehensive conservation enhancement program. 

Sec. 2702. Emergency forestry conservation reserve program. 

Sec. 2703. Wetlands reserve program. 

Sec. 2704. Farmland protection program and farm viability program. 

Sec. 2705. Grassland reserve program. 

Sec. 2706. Agricultural water enhancement program. 

Sec. 2707. Wildlife habitat incentive program. 

Sec. 2708. Great Lakes basin program. 

Sec. 2709. Chesapeake Bay watershed program. 

Sec. 2710. Cooperative conservation partnership initiative. 

Sec. 2711. Environmental easement program. 

Sec. 2712. Technical amendments. 

TITLE III—TRADE 

Subtitle A—Food for Peace Act 

Sec. 3001. General authority. 

Sec. 3002. Support for organizations through which assistance is provided. 

Sec. 3003. Food aid quality. 

Sec. 3004. Minimum levels of assistance. 

Sec. 3005. Food Aid Consultative Group. 

Sec. 3006. Oversight, monitoring, and evaluation. 

Sec. 3007. Assistance for stockpiling and rapid transportation, delivery, and 

distribution of shelf-stable prepackaged foods. 

Sec. 3008. General provisions. 

Sec. 3009. Prepositioning of agricultural commodities. 

Sec. 3010. Annual report regarding food aid programs and activities. 

Sec. 3011. Deadline for agreements to finance sales or to provide other assistance. 

Sec. 3012. Authorization of appropriations. 

Sec. 3013. Micronutrient fortification programs. 

Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. 

Subtitle B—Agricultural Trade Act of 1978 

Sec. 3101. Funding for export credit guarantee program. 

Sec. 3102. Funding for market access program. 

Sec. 3103. Foreign market development cooperator program. 

Subtitle C—Other Agricultural Trade Laws 

Sec. 3201. Food for Progress Act of 1985. 

Sec. 3202. Bill Emerson Humanitarian Trust. 

Sec. 3203. Promotion of agricultural exports to emerging markets. 


rfrederick on DSK6VPTVN1PROD with BILLS
624 

•HR 1947 RH

Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program. 

Sec. 3205. Technical assistance for specialty crops. 

Sec. 3206. Global Crop Diversity Trust. 

Sec. 3207. Under Secretary of Agriculture for Foreign Agricultural Services. 

TITLE IV—NUTRITION 

Subtitle A—Supplemental Nutrition Assistance Program 

Sec. 4001. Preventing payment of cash to recipients of supplemental nutrition 

assistance for the return of empty bottles and cans used to 

contain food purchased with benefits provided under the program. 

Sec. 4002. Retailers. 

Sec. 4003. Enhancing services to elderly and disabled supplemental nutrition 

assistance program recipients. 

Sec. 4004. Food distribution program on Indian reservations. 

Sec. 4005. Updating program eligibility. 

Sec. 4006. Exclusion of medical marijuana from excess medical expense deduction. 

Sec. 4007. Standard utility allowances based on the receipt of energy assistance 

payments. 

Sec. 4008. Eligibility disqualifications. 

Sec. 4009. Ending supplemental nutrition assistance program benefits for lottery or gambling winners. 

Sec. 4010. Improving security of food assistance. 

Sec. 4011. Demonstration projects on acceptance of benefits of mobile transactions. 

Sec. 4012. Use of benefits for purchase of community-supported agriculture 

share. 

Sec. 4013. Restaurant meals program. 

Sec. 4014. Mandating State immigration verification. 

Sec. 4015. Data exchange standardization for improved interoperability. 

Sec. 4016. Prohibiting government-sponsored recruitment activities. 

Sec. 4017. Repeal of bonus program. 

Sec. 4018. Funding of employment and training programs. 

Sec. 4019. Monitoring employment and training program. 

Sec. 4020. Cooperation with program research and evaluation. 

Sec. 4021. Pilot projects to reduce dependency and increase work effort in the 

supplemental nutrition assistance program. 

Sec. 4022. Authorization of appropriations. 

Sec. 4023. Limitation on use of block grant to Puerto Rico. 

Sec. 4024. Assistance for community food projects. 

Sec. 4025. Emergency food assistance. 

Sec. 4026. Nutrition education. 

Sec. 4027. Retailer trafficking. 

Sec. 4028. Technical and conforming amendments. 

Sec. 4029. Tolerance level for excluding small errors. 

Sec. 4030. Commonwealth of the Northern Mariana Islands pilot program. 

Sec. 4031. Annual State report on verification of SNAP participation. 

Subtitle B—Commodity Distribution Programs 

Sec. 4101. Commodity distribution program. 

Sec. 4102. Commodity supplemental food program. 


rfrederick on DSK6VPTVN1PROD with BILLS
625 

•HR 1947 RH

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

Sec. 4104. Processing of commodities. 

Subtitle C—Miscellaneous 

Sec. 4201. Farmers’ market nutrition program. 

Sec. 4202. Nutrition information and awareness pilot program. 

Sec. 4203. Fresh fruit and vegetable program. 

Sec. 4204. Additional authority for purchase of fresh fruits, vegetables, and 

other specialty food crops. 

Sec. 4205. Encouraging locally and regionally grown and raised food. 

TITLE V—CREDIT 

Subtitle A—Farm Ownership Loans 

Sec. 5001. Eligibility for farm ownership loans. 

Sec. 5002. Conservation loan and loan guarantee program. 

Sec. 5003. Down payment loan program. 

Sec. 5004. Elimination of mineral rights appraisal requirement. 

Subtitle B—Operating Loans 

Sec. 5101. Eligibility for farm operating loans. 

Sec. 5102. Elimination of rural residency requirement for operating loans to 

youth. 

Sec. 5103. Authority to waive personal liability for youth loans due to circumstances beyond borrower control. 

Sec. 5104. Microloans. 

Subtitle C—Emergency Loans 

Sec. 5201. Eligibility for emergency loans. 

Subtitle D—Administrative Provisions 

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

program. 

Sec. 5302. Eligible beginning farmers and ranchers. 

Sec. 5303. Loan authorization levels. 

Sec. 5304. Priority for participation loans. 

Sec. 5305. Loan fund set-asides. 

Sec. 5306. Conforming amendment to borrower training provision, relating to 

eligibility changes. 

Subtitle E—State Agricultural Mediation Programs 

Sec. 5401. State agricultural mediation programs. 

Subtitle F—Loans to Purchasers of Highly Fractionated Land 

Sec. 5501. Loans to purchasers of highly fractionated land. 

TITLE VI—RURAL DEVELOPMENT 

Subtitle A—Consolidated Farm and Rural Development Act 

Sec. 6001. Water, waste disposal, and wastewater facility grants. 

Sec. 6002. Rural business opportunity grants. 


rfrederick on DSK6VPTVN1PROD with BILLS
626 

•HR 1947 RH

Sec. 6003. Elimination of reservation of community facilities grant program 

funds. 

Sec. 6004. Utilization of loan guarantees for community facilities. 

Sec. 6005. Rural water and wastewater circuit rider program. 

Sec. 6006. Tribal college and university essential community facilities. 

Sec. 6007. Emergency and imminent community water assistance grant program. 

Sec. 6008. Household water well systems. 

Sec. 6009. Rural business and industry loan program. 

Sec. 6010. Rural cooperative development grants. 

Sec. 6011. Locally or regionally produced agricultural food products. 

Sec. 6012. Intermediary relending program. 

Sec. 6013. Rural water and waste disposal infrastructure. 

Sec. 6014. Simplified applications. 

Sec. 6015. Grants for NOAA weather radio transmitters. 

Sec. 6016. Rural microentrepreneur assistance program. 

Sec. 6017. Delta Regional Authority. 

Sec. 6018. Northern Great Plains Regional Authority. 

Sec. 6019. Rural business investment program. 

Subtitle B—Rural Electrification Act of 1936 

Sec. 6101. Relending for certain purposes. 

Sec. 6102. Fees for certain loan guarantees. 

Sec. 6103. Guarantees for bonds and notes issued for electrification or telephone purposes. 

Sec. 6104. Expansion of 911 access. 

Sec. 6105. Access to broadband telecommunications services in rural areas. 

Subtitle C—Miscellaneous 

Sec. 6201. Distance learning and telemedicine. 

Sec. 6202. Value-added agricultural market development program grants. 

Sec. 6203. Agriculture innovation center demonstration program. 

Sec. 6204. Program metrics. 

Sec. 6205. Study of rural transportation issues. 

Sec. 6206. Certain Federal actions not to be considered major. 

TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS 

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

Act of 1977 

Sec. 7101. Option to be included as non-land-grant college of agriculture. 

Sec. 7102. National Agricultural Research, Extension, Education, and Economics Advisory Board. 

Sec. 7103. Specialty crop committee. 

Sec. 7104. Veterinary services grant program. 

Sec. 7105. Grants and fellowships for food and agriculture sciences education. 

Sec. 7106. Policy research centers. 

Sec. 7107. Repeal of human nutrition intervention and health promotion research program. 

Sec. 7108. Repeal of pilot research program to combine medical and agricultural research. 

Sec. 7109. Nutrition education program. 

Sec. 7110. Continuing animal health and disease research programs. 


rfrederick on DSK6VPTVN1PROD with BILLS
627 

•HR 1947 RH

Sec. 7111. Repeal of appropriations for research on national or regional problems. 

Sec. 7112. Grants to upgrade agricultural and food sciences facilities at 1890 

land-grant colleges, including Tuskegee University. 

Sec. 7113. Grants to upgrade agriculture and food science facilities and equipment at insular area land-grant institutions. 

Sec. 7114. Repeal of national research and training virtual centers. 

Sec. 7115. Hispanic-serving institutions. 

Sec. 7116. Competitive Grants Program for Hispanic Agricultural Workers and 

Youth. 

Sec. 7117. Competitive grants for international agricultural science and education programs. 

Sec. 7118. Repeal of research equipment grants. 

Sec. 7119. University research. 

Sec. 7120. Extension service. 

Sec. 7121. Auditing, reporting, bookkeeping, and administrative requirements. 

Sec. 7122. Supplemental and alternative crops. 

Sec. 7123. Capacity building grants for NLGCA institutions. 

Sec. 7124. Aquaculture assistance programs. 

Sec. 7125. Rangeland research programs. 

Sec. 7126. Special authorization for biosecurity planning and response. 

Sec. 7127. Distance education and resident instruction grants program for insular area institutions of higher education. 

Sec. 7128. Matching funds requirement. 

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 Genetics Resources Program. 

Sec. 7206. Repeal of National Agricultural Weather Information System. 

Sec. 7207. Repeal of rural electronic commerce extension program. 

Sec. 7208. Repeal of agricultural genome initiative. 

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

Sec. 7210. Repeal of nutrient management research and extension initiative. 

Sec. 7211. Organic agriculture research and extension initiative. 

Sec. 7212. Repeal of agricultural bioenergy feedstock and energy efficiency research and extension initiative. 

Sec. 7213. Farm business management. 

Sec. 7214. Centers of excellence. 

Sec. 7215. Repeal of red meat safety research center. 

Sec. 7216. Assistive technology program for farmers with disabilities. 

Sec. 7217. National rural information center clearinghouse. 

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

1998 

Sec. 7301. Relevance and merit of agricultural research, extension, and education funded by the Department. 

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

program. 


rfrederick on DSK6VPTVN1PROD with BILLS
628 

•HR 1947 RH

Sec. 7303. Repeal of coordinated program of research, extension, and education 

to improve viability of small and medium size dairy, livestock, 

and poultry operations. 

Sec. 7304. Fusarium Graminearum grants. 

Sec. 7305. Repeal of Bovine Johne’s disease control program. 

Sec. 7306. Grants for youth organizations. 

Sec. 7307. Specialty crop research initiative. 

Sec. 7308. Food animal residue avoidance database program. 

Sec. 7309. Repeal of national swine research center. 

Sec. 7310. Office of pest management policy. 

Sec. 7311. Repeal of studies of agricultural research, extension, and education. 

Subtitle D—Other Laws 

Sec. 7401. Critical Agricultural Materials Act. 

Sec. 7402. Equity in Educational Land-grant Status Act of 1994. 

Sec. 7403. Research Facilities Act. 

Sec. 7404. Repeal of carbon cycle research. 

Sec. 7405. Competitive, Special, and Facilities Research Grant Act. 

Sec. 7406. Renewable Resources Extension Act of 1978. 

Sec. 7407. National Aquaculture Act of 1980. 

Sec. 7408. Repeal of use of remote sensing data. 

Sec. 7409. Repeal of reports under Farm Security and Rural Investment Act 

of 2002. 

Sec. 7410. Beginning farmer and rancher development program. 

Sec. 7411. Inclusion of Northern Mariana Islands as a State under McIntireStennis Cooperative Forestry Act. 

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

PART 1—AGRICULTURAL SECURITY

Sec. 7501. Agricultural biosecurity communication center. 

Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response. 

Sec. 7503. Research and development of agricultural countermeasures. 

Sec. 7504. Agricultural biosecurity grant program. 

PART 2—MISCELLANEOUS

Sec. 7511. Enhanced use lease authority pilot program. 

Sec. 7512. Grazinglands research laboratory. 

Sec. 7513. Budget submission and funding. 

Sec. 7514. Repeal of research and education grants for the study of antibioticresistant bacteria. 

Sec. 7515. Repeal of farm and ranch stress assistance network. 

Sec. 7516. Repeal of seed distribution. 

Sec. 7517. Natural products research program. 

Sec. 7518. Sun grant program. 

Sec. 7519. Repeal of study and report on food deserts. 

Sec. 7520. Repeal of agricultural and rural transportation research and education. 

Subtitle F—Miscellaneous Provisions 

Sec. 7601. Agreements with nonprofit organizations for National Arboretum. 

Sec. 7602. Cotton Disease Research Report. 


rfrederick on DSK6VPTVN1PROD with BILLS
629 

•HR 1947 RH

Sec. 7603. Acceptance of facility for Agricultural Research Service. 

Sec. 7604. Miscellaneous technical corrections. 

TITLE VIII—FORESTRY 

Subtitle A—Repeal of Certain Forestry Programs 

Sec. 8001. Forest land enhancement program. 

Sec. 8002. Watershed forestry assistance program. 

Sec. 8003. Expired cooperative national forest products marketing program. 

Sec. 8004. Hispanic-serving institution agricultural land national resources 

leadership program. 

Sec. 8005. Tribal watershed forestry assistance program. 

Sec. 8006. Separate Forest Service decisionmaking and appeals process. 

Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 

Programs 

Sec. 8101. State-wide assessment and strategies for forest resources. 

Sec. 8102. Forest Legacy Program. 

Sec. 8103. Community forest and open space conservation program. 

Subtitle C—Reauthorization of Other Forestry-Related Laws 

Sec. 8201. Rural revitalization technologies. 

Sec. 8202. Office of International Forestry. 

Sec. 8203. Change in funding source for healthy forests reserve program. 

Sec. 8204. Stewardship end result contracting project authority. 

Subtitle D—National Forest Critical Area Response 

Sec. 8301. Definitions. 

Sec. 8302. Designation of critical areas. 

Sec. 8303. Application of expedited procedures and activities of the Healthy 

Forests Restoration Act of 2003 to critical areas. 

Sec. 8304. Good neighbor authority. 

Subtitle E—Miscellaneous Provisions 

Sec. 8401. Revision of strategic plan for forest inventory and analysis. 

Sec. 8402. Forest Service participation in ACES Program. 

TITLE IX—ENERGY 

Sec. 9001. Definition of renewable energy system. 

Sec. 9002. Biobased markets program. 

Sec. 9003. Biorefinery Assistance. 

Sec. 9004. Repowering assistance program. 

Sec. 9005. Bioenergy Program for Advanced Biofuels. 

Sec. 9006. Biodiesel Fuel Education Program. 

Sec. 9007. Rural Energy for America Program. 

Sec. 9008. Biomass Research and Development. 

Sec. 9009. Feedstock Flexibility Program for Bioenergy Producers. 

Sec. 9010. Biomass Crop Assistance Program. 

Sec. 9011. Community wood energy program. 

Sec. 9012. Repeal of biofuels infrastructure study. 

Sec. 9013. Repeal of renewable fertilizer study. 


rfrederick on DSK6VPTVN1PROD with BILLS
630 

•HR 1947 RH

TITLE X—HORTICULTURE 

Sec. 10001. Specialty crops market news allocation. 

Sec. 10002. Repeal of grant program to improve movement of specialty crops. 

Sec. 10003. Farmers market and local food promotion program. 

Sec. 10004. Organic agriculture. 

Sec. 10005. Investigations and enforcement of the Organic Foods Production 

Act of 1990. 

Sec. 10006. Food safety education initiatives. 

Sec. 10007. Specialty crop block grants. 

Sec. 10008. Report on honey. 

Sec. 10009. Bulk shipments of apples to Canada. 

Sec. 10010. Inclusion of olive oil in import controls under the Agricultural Adjustment Act. 

Sec. 10011. Consolidation of plant pest and disease management and disaster 

prevention programs. 

Sec. 10012. Modification, cancellation, or suspension on basis of a biological 

opinion. 

Sec. 10013. Use and discharges of authorized pesticides. 

TITLE XI—CROP INSURANCE 

Sec. 11001. Information sharing. 

Sec. 11002. Publication of information on violations of prohibition on premium 

adjustments. 

Sec. 11003. Supplemental coverage option. 

Sec. 11004. Premium amounts for catastrophic risk protection. 

Sec. 11005. Repeal of performance-based discount. 

Sec. 11006. Permanent enterprise unit subsidy. 

Sec. 11007. Enterprise units for irrigated and nonirrigated crops. 

Sec. 11008. Data collection. 

Sec. 11009. Adjustment in actual production history to establish insurable 

yields. 

Sec. 11010. Submission and review of policies. 

Sec. 11011. Equitable relief for specialty crop policies. 

Sec. 11012. Budget limitations on renegotiation of the standard reinsurance 

agreement. 

Sec. 11013. Crop production on native sod. 

Sec. 11014. Coverage levels by practice. 

Sec. 11015. Beginning farmer and rancher provisions. 

Sec. 11016. Stacked income protection plan for producers of upland cotton. 

Sec. 11017. Peanut revenue crop insurance. 

Sec. 11018. Authority to correct errors. 

Sec. 11019. Implementation. 

Sec. 11020. Research and development priorities. 

Sec. 11021. Additional research and development contracting requirements. 

Sec. 11022. Program compliance partnerships. 

Sec. 11023. Pilot programs. 

Sec. 11024. Technical amendments. 

TITLE XII—MISCELLANEOUS 

Subtitle A—Livestock 

Sec. 12101. National Sheep Industry Improvement Center. 

Sec. 12102. Trichinae certification program. 


rfrederick on DSK6VPTVN1PROD with BILLS
631 

•HR 1947 RH

Sec. 12103. National Aquatic Animal Health Plan. 

Sec. 12104. Country of origin labeling. 

Sec. 12105. National animal health laboratory network. 

Subtitle B—Socially Disadvantaged Producers and Limited Resource 

Producers 

Sec. 12201. Outreach and assistance for socially disadvantaged farmers and 

ranchers and veteran farmers and ranchers. 

Sec. 12202. Office of Advocacy and Outreach. 

Subtitle C—Other Miscellaneous Provisions 

Sec. 12301. Grants to improve supply, stability, safety, and training of agricultural labor force. 

Sec. 12302. Program benefit eligibility status for participants in high plains 

water study. 

Sec. 12303. Office of Tribal Relations. 

Sec. 12304. Military Veterans Agricultural Liaison. 

Sec. 12305. Prohibition on keeping GSA leased cars overnight. 

Sec. 12306. Noninsured crop assistance program. 

Sec. 12307. Ensuring high standards for agency use of scientific information. 

1 SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture. 

4 TITLE I—COMMODITIES 

5 Subtitle A—Repeals and Reforms 

6 SEC. 1101. REPEAL OF DIRECT PAYMENTS. 

7 (a) REPEAL.—Sections 1103 and 1303 of the Food, 

8 Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 

9 8753) are repealed. 

10 (b) CONTINUED APPLICATION FOR 2013 CROP

11 YEAR.—Sections 1103 and 1303 of the Food, Conserva12 tion, and Energy Act of 2008 (7 U.S.C. 8713, 8753), as 

13 in effect on the day before the date of enactment of this 

14 Act, shall continue to apply through the 2013 crop year 

15 with respect to all covered commodities (as defined in secVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
632 

•HR 1947 RH

1 tion 1001 of that Act (7 U.S.C. 8702)) and peanuts on 

2 a farm. 

3 (c) CONTINUED APPLICATION FOR 2014 AND 2015 

4 CROP YEARS.—Subject to this subtitle, the amendments 

5 made by sections 1603 and 1604 of this Act, and sections 

6 1607 and 1611 of this Act, section 1103 of the Food, Con7 servation and Energy Act of 2008 (7 U.S.C. 8713), as 

8 in effect on the day before the date of enactment of this 

9 Act, shall continue to apply through the 2014 and 2015 

10 crop years with respect to upland cotton only (as defined 

11 in section 1001 of that Act (7 U.S.C. 8702)), except that, 

12 in applying such section 1103, the term ‘‘payment acres’’ 

13 means the following: 

14 (1) For crop year 2014, 70 percent of the base 

15 acres of upland cotton on a farm on which direct 

16 payments are made. 

17 (2) For crop year 2015, 60 percent of the base 

18 acres of upland cotton on a farm on which direct 

19 payments are made. 

20 SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS. 

21 (a) REPEAL.—Sections 1104 and 1304 of the Food, 

22 Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 

23 8754) are repealed. 

24 (b) CONTINUED APPLICATION FOR 2013 CROP

25 YEAR.—Sections 1104 and 1304 of the Food, ConservaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
633 

•HR 1947 RH

1 tion, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as 

2 in effect on the day before the date of enactment of this 

3 Act, shall continue to apply through the 2013 crop year 

4 with respect to all covered commodities (as defined in sec5 tion 1001 of that Act (7 U.S.C. 8702)) and peanuts on 

6 a farm. 

7 SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION 

8 PROGRAM. 

9 (a) REPEAL.—Section 1105 of the Food, Conserva10 tion, and Energy Act of 2008 (7 U.S.C. 8715) is repealed. 

11 (b) CONTINUED APPLICATION FOR 2013 CROP

12 YEAR.—Section 1105 of the Food, Conservation, and En13 ergy Act of 2008 (7 U.S.C. 8715), as in effect on the day 

14 before the date of enactment of this Act, shall continue 

15 to apply through the 2013 crop year with respect to all 

16 covered commodities (as defined in section 1001 of that 

17 Act (7 U.S.C. 8702)) and peanuts on a farm for which 

18 the irrevocable election under section 1105 of that Act was 

19 made before the date of enactment of this Act. 

20 SEC. 1104. DEFINITIONS. 

21 In this subtitle and subtitle B: 

22 (1) ACTUAL COUNTY REVENUE.—The term ‘‘ac23 tual county revenue’’, with respect to a covered com24 modity for a crop year, means the amount deter25 mined by the Secretary under section 1107(c)(4) to 


rfrederick on DSK6VPTVN1PROD with BILLS
634 

•HR 1947 RH

1 determine whether revenue loss coverage payments 

2 are required to be provided for that crop year. 

3 (2) BASE ACRES.—The term ‘‘base acres’’, with 

4 respect to a covered commodity and cotton on a 

5 farm, means the number of acres established under 

6 section 1101 and 1302 of the Farm Security and 

7 Rural Investment Act of 2002 (7 U.S.C. 7911, 

8 7952) or section 1101 and 1302 of the Food, Con9 servation, and Energy Act of 2008 (7 U.S.C. 8711, 

10 8752), as in effect on September 30, 2013, subject 

11 to any adjustment under section 1105 of this Act. 

12 For purposes of making payments under subsections 

13 (b) and (c) of section 1107, base acres are reduced 

14 by the payment acres calculated in 1101(c). 

15 (3) COUNTY REVENUE LOSS COVERAGE TRIG16 GER.—The term ‘‘county revenue loss coverage trig17 ger’’, with respect to a covered commodity for a crop 

18 year, means the amount determined by the Secretary 

19 under section 1107(c)(5) to determine whether rev20 enue loss coverage payments are required to be pro21 vided for that crop year. 

22 (4) COVERED COMMODITY.—The term ‘‘covered 

23 commodity’’ means wheat, oats, and barley (includ24 ing wheat, oats, and barley used for haying and 

25 grazing), corn, grain sorghum, long grain rice, meVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
635 

•HR 1947 RH

1 dium grain rice, pulse crops, soybeans, other oil2 seeds, and peanuts. 

3 (5) EFFECTIVE PRICE.—The term ‘‘effective 

4 price’’, with respect to a covered commodity for a 

5 crop year, means the price calculated by the Sec6 retary under section 1107(b)(2) to determine wheth7 er price loss coverage payments are required to be 

8 provided for that crop year. 

9 (6) EXTRA LONG STAPLE COTTON.—The term 

10 ‘‘extra long staple cotton’’ means cotton that— 

11 (A) is produced from pure strain varieties 

12 of the Barbadense species or any hybrid of the 

13 species, or other similar types of extra long sta14 ple cotton, designated by the Secretary, having 

15 characteristics needed for various end uses for 

16 which United States upland cotton is not suit17 able and grown in irrigated cotton-growing re18 gions of the United States designated by the 

19 Secretary or other areas designated by the Sec20 retary as suitable for the production of the vari21 eties or types; and 

22 (B) is ginned on a roller-type gin or, if au23 thorized by the Secretary, ginned on another 

24 type gin for experimental purposes. 


rfrederick on DSK6VPTVN1PROD with BILLS
636 

•HR 1947 RH

1 (7) FARM BASE ACRES.—The term ‘‘farm base 

2 acres’’ means the sum of the base acreage for all 

3 covered commodities and cotton on a farm in effect 

4 as of September 30, 2013, and subject to any ad5 justment under section 1105. 

6 (8) MEDIUM GRAIN RICE.—The term ‘‘medium 

7 grain rice’’ includes short grain rice. 

8 (9) MIDSEASON PRICE.—The term ‘‘midseason 

9 price’’ means the applicable national average market 

10 price received by producers for the first 5 months of 

11 the applicable marketing year, as determined by the 

12 Secretary. 

13 (10) OTHER OILSEED.—The term ‘‘other oil14 seed’’ means a crop of sunflower seed, rapeseed, 

15 canola, safflower, flaxseed, mustard seed, crambe, 

16 sesame seed, or any oilseed designated by the Sec17 retary. 

18 (11) PAYMENT ACRES.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraphs (B) through (D), the term ‘‘pay21 ment acres’’, with respect to the provision of 

22 price loss coverage payments and revenue loss 

23 coverage payments, means— 


rfrederick on DSK6VPTVN1PROD with BILLS
637 

•HR 1947 RH

1 (i) 85 percent of total acres planted 

2 for the year to each covered commodity on 

3 a farm; and 

4 (ii) 30 percent of total acres approved 

5 as prevented from being planted for the 

6 year to each covered commodity on a farm. 

7 (B) MAXIMUM.—The total quantity of pay8 ment acres determined under subparagraph (A) 

9 shall not exceed the farm base acres. 

10 (C) REDUCTION.—If the sum of all pay11 ment acres for a farm exceeds the limits estab12 lished under subparagraph (B), the Secretary 

13 shall reduce the payment acres applicable to 

14 each crop proportionately. 

15 (D) EXCLUSION.—The term ‘‘payment 

16 acres’’ does not include any crop subsequently 

17 planted during the same crop year on the same 

18 land for which the first crop is eligible for pay19 ments under this subtitle, unless the crop was 

20 approved for double cropping in the county, as 

21 determined by the Secretary. 

22 (12) PAYMENT YIELD.—The term ‘‘payment 

23 yield’’ means the yield established for counter-cycli24 cal payments under section 1102 or 1302 of the 

25 Farm Security and Rural Investment Act of 2002 (7 


rfrederick on DSK6VPTVN1PROD with BILLS
638 

•HR 1947 RH

1 U.S.C. 7912, 7952), section 1102 of the Food, Con2 servation, and Energy Act of 2008 (7 U.S.C. 8712), 

3 as in effect on September 30, 2013, or under section 

4 1106 of this Act, for a farm for a covered com5 modity. 

6 (13) PRICE LOSS COVERAGE.—The term ‘‘price 

7 loss coverage’’ means coverage provided under sec8 tion 1107(b). 

9 (14) PRODUCER.— 

10 (A) IN GENERAL.—The term ‘‘producer’’ 

11 means an owner, operator, landlord, tenant, or 

12 sharecropper that shares in the risk of pro13 ducing a crop and is entitled to share in the 

14 crop available for marketing from the farm, or 

15 would have shared had the crop been produced. 

16 (B) HYBRID SEED.—In determining 

17 whether a grower of hybrid seed is a producer, 

18 the Secretary shall— 

19 (i) not take into consideration the ex20 istence of a hybrid seed contract; and 

21 (ii) ensure that program requirements 

22 do not adversely affect the ability of the 

23 grower to receive a payment under this 

24 title. 


rfrederick on DSK6VPTVN1PROD with BILLS
639 

•HR 1947 RH

1 (15) PULSE CROP.—The term ‘‘pulse crop’’ 

2 means dry peas, lentils, small chickpeas, and large 

3 chickpeas. 

4 (16) REFERENCE PRICE.—The term ‘‘reference 

5 price’’, with respect to a covered commodity for a 

6 crop year, means the following: 

7 (A) Wheat, $5.50 per bushel. 

8 (B) Corn, $3.70 per bushel. 

9 (C) Grain sorghum, $3.95 per bushel. 

10 (D) Barley, $4.95 per bushel. 

11 (E) Oats, $2.40 per bushel. 

12 (F) Long grain rice, $14.00 per hundred13 weight. 

14 (G) Medium grain rice, $14.00 per hun15 dredweight. 

16 (H) Soybeans, $8.40 per bushel. 

17 (I) Other oilseeds, $20.15 per hundred18 weight. 

19 (J) Peanuts $535.00 per ton. 

20 (K) Dry peas, $11.00 per hundredweight. 

21 (L) Lentils, $19.97 per hundredweight. 

22 (M) Small chickpeas, $19.04 per hundred23 weight. 

24 (N) Large chickpeas, $21.54 per hundred25 weight. 


rfrederick on DSK6VPTVN1PROD with BILLS
640 

•HR 1947 RH

1 (17) REVENUE LOSS COVERAGE.—The term 

2 ‘‘revenue loss coverage’’ means coverage provided 

3 under section 1107(c). 

4 (18) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Agriculture. 

6 (19) STATE.—The term ‘‘State’’ means— 

7 (A) a State; 

8 (B) the District of Columbia; 

9 (C) the Commonwealth of Puerto Rico; 

10 and 

11 (D) any other territory or possession of the 

12 United States. 

13 (20) TEMPERATE JAPONICA RICE.—The term 

14 ‘‘temperate japonica rice’’ means rice that is grown 

15 in high altitudes or temperate regions of high lati16 tudes with cooler climate conditions, in the Western 

17 United States, as determined by the Secretary. 

18 (21) TRANSITIONAL YIELD.—The term ‘‘transi19 tional yield’’ has the meaning given the term in sec20 tion 502(b) of the Federal Crop Insurance Act (7 

21 U.S.C. 1502(b)). 

22 (22) UNITED STATES.—The term ‘‘United 

23 States’’, when used in a geographical sense, means 

24 all of the States. 


rfrederick on DSK6VPTVN1PROD with BILLS
641 

•HR 1947 RH

1 (23) UNITED STATES PREMIUM FACTOR.—The 

2 term ‘‘United States Premium Factor’’ means the 

3 percentage by which the difference in the United 

4 States loan schedule premiums for Strict Middling 

(SM) 11 5 ⁄8-inch upland cotton and for Middling (M) 

13 6 ⁄32-inch upland cotton exceeds the difference in the 

7 applicable premiums for comparable international 

8 qualities. 

9 SEC. 1105. BASE ACRES. 

10 (a) ADJUSTMENT OF BASE ACRES.— 

11 (1) IN GENERAL.—The Secretary shall provide 

12 for an adjustment, as appropriate, in the base acres 

13 for covered commodities and cotton for a farm when14 ever any of the following circumstances occurs: 

15 (A) A conservation reserve contract en16 tered into under section 1231 of the Food Secu17 rity Act of 1985 (16 U.S.C. 3831) with respect 

18 to the farm expires or is voluntarily terminated. 

19 (B) Cropland is released from coverage 

20 under a conservation reserve contract by the 

21 Secretary. 

22 (C) The producer has eligible oilseed acre23 age as the result of the Secretary designating 

24 additional oilseeds, which shall be determined in 

25 the same manner as eligible oilseed acreage 


rfrederick on DSK6VPTVN1PROD with BILLS
642 

•HR 1947 RH

1 under section 1101(a)(1)(D) of the Food, Con2 servation, and Energy Act of 2008 (7 U.S.C. 

3 8711(a)(1)(D)). 

4 (2) SPECIAL CONSERVATION RESERVE ACREAGE

5 PAYMENT RULES.—For the crop year in which a 

6 base acres adjustment under subparagraph (A) or 

7 (B) of paragraph (1) is first made, the owner of the 

8 farm shall elect to receive price loss coverage or rev9 enue loss coverage with respect to the acreage added 

10 to the farm under this subsection or a prorated pay11 ment under the conservation reserve contract, but 

12 not both. 

13 (b) PREVENTION OF EXCESS BASE ACRES.— 

14 (1) REQUIRED REDUCTION.—If the sum of the 

15 base acres for a farm, together with the acreage de16 scribed in paragraph (2) exceeds the actual cropland 

17 acreage of the farm, the Secretary shall reduce the 

18 base acres for 1 or more covered commodities or cot19 ton for the farm so that the sum of the base acres 

20 and acreage described in paragraph (2) does not ex21 ceed the actual cropland acreage of the farm. 

22 (2) OTHER ACREAGE.—For purposes of para23 graph (1), the Secretary shall include the following: 

24 (A) Any acreage on the farm enrolled in 

25 the conservation reserve program or wetlands 


rfrederick on DSK6VPTVN1PROD with BILLS
643 

•HR 1947 RH

1 reserve program (or successor programs) under 

2 chapter 1 of subtitle D of title XII of the Food 

3 Security Act of 1985 (16 U.S.C. 3830 et seq.). 

4 (B) Any other acreage on the farm en5 rolled in a Federal conservation program for 

6 which payments are made in exchange for not 

7 producing an agricultural commodity on the 

8 acreage. 

9 (C) If the Secretary designates additional 

10 oilseeds, any eligible oilseed acreage, which shall 

11 be determined in the same manner as eligible 

12 oilseed acreage under subsection (a)(1)(C). 

13 (3) SELECTION OF ACRES.—The Secretary shall 

14 give the owner of the farm the opportunity to select 

15 the base acres for a covered commodity or cotton for 

16 the farm against which the reduction required by 

17 paragraph (1) will be made. 

18 (4) EXCEPTION FOR DOUBLE-CROPPED ACRE19 AGE.—In applying paragraph (1), the Secretary 

20 shall make an exception in the case of double crop21 ping, as determined by the Secretary. 

22 (c) REDUCTION IN BASE ACRES.— 

23 (1) REDUCTION AT OPTION OF OWNER.— 


rfrederick on DSK6VPTVN1PROD with BILLS
644 

•HR 1947 RH

1 (A) IN GENERAL.—The owner of a farm 

2 may reduce, at any time, the base acres for any 

3 covered commodity or cotton for the farm. 

4 (B) EFFECT OF REDUCTION.—A reduction 

5 under subparagraph (A) shall be permanent 

6 and made in a manner prescribed by the Sec7 retary. 

8 (2) REQUIRED ACTION BY SECRETARY.— 

9 (A) IN GENERAL.—The Secretary shall 

10 proportionately reduce base acres on a farm for 

11 covered commodities and cotton for land that 

12 has been subdivided and developed for multiple 

13 residential units or other nonfarming uses if the 

14 size of the tracts and the density of the subdivi15 sion is such that the land is unlikely to return 

16 to the previous agricultural use, unless the pro17 ducers on the farm demonstrate that the land— 

18 (i) remains devoted to commercial ag19 ricultural production; or 

20 (ii) is likely to be returned to the pre21 vious agricultural use. 

22 (B) REQUIREMENT.—The Secretary shall 

23 establish procedures to identify land described 

24 in subparagraph (A). 


rfrederick on DSK6VPTVN1PROD with BILLS
645 

•HR 1947 RH

1 SEC. 1106. PAYMENT YIELDS. 

2 (a) ESTABLISHMENT AND PURPOSE.—For the pur3 pose of making payments under this subtitle, the Sec4 retary shall provide for the establishment of a yield for 

5 each farm for any designated oilseed for which a payment 

6 yield was not established under section 1102 of the Food, 

7 Conservation, and Energy Act of 2008 (7 U.S.C. 8712) 

8 in accordance with this section. 

9 (b) PAYMENT YIELDS FOR DESIGNATED OIL10 SEEDS.— 

11 (1) DETERMINATION OF AVERAGE YIELD.—In 

12 the case of designated oilseeds, the Secretary shall 

13 determine the average yield per planted acre for the 

14 designated oilseed on a farm for the 1998 through 

15 2001 crop years, excluding any crop year in which 

16 the acreage planted to the designated oilseed was 

17 zero. 

18 (2) ADJUSTMENT FOR PAYMENT YIELD.— 

19 (A) IN GENERAL.—The payment yield for 

20 a farm for a designated oilseed shall be equal 

21 to the product of the following: 

22 (i) The average yield for the des23 ignated oilseed determined under para24 graph (1). 

25 (ii) The ratio resulting from dividing 

26 the national average yield for the desVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
646 

•HR 1947 RH

1 ignated oilseed for the 1981 through 1985 

2 crops by the national average yield for the 

3 designated oilseed for the 1998 through 

4 2001 crops. 

5 (B) NO NATIONAL AVERAGE YIELD INFOR6 MATION AVAILABLE.—To the extent that na7 tional average yield information for a des8 ignated oilseed is not available, the Secretary 

9 shall use such information as the Secretary de10 termines to be fair and equitable to establish a 

11 national average yield under this section. 

12 (3) USE OF COUNTY AVERAGE YIELD.—If the 

13 yield per planted acre for a crop of a designated oil14 seed for a farm for any of the 1998 through 2001 

15 crop years was less than 75 percent of the county 

16 yield for that designated oilseed, the Secretary shall 

17 assign a yield for that crop year equal to 75 percent 

18 of the county yield for the purpose of determining 

19 the average under paragraph (1). 

20 (4) NO HISTORIC YIELD DATA AVAILABLE.—In 

21 the case of establishing yields for designated oil22 seeds, if historic yield data is not available, the Sec23 retary shall use the ratio for dry peas calculated 

24 under paragraph (2)(A)(ii) in determining the yields 


rfrederick on DSK6VPTVN1PROD with BILLS
647 

•HR 1947 RH

1 for designated oilseeds, as determined to be fair and 

2 equitable by the Secretary. 

3 (c) EFFECT OF LACK OF PAYMENT YIELD.— 

4 (1) ESTABLISHMENT BY SECRETARY.—If no 

5 payment yield is otherwise established for a farm for 

6 which a covered commodity is planted and eligible to 

7 receive price loss coverage payments, the Secretary 

8 shall establish an appropriate payment yield for the 

9 covered commodity on the farm under paragraph 

10 (2). 

11 (2) USE OF SIMILARLY SITUATED FARMS.—To 

12 establish an appropriate payment yield for a covered 

13 commodity on a farm as required by paragraph (1), 

14 the Secretary shall take into consideration the farm 

15 program payment yields applicable to that covered 

16 commodity for similarly situated farms. The use of 

17 such data in an appeal, by the Secretary or by the 

18 producer, shall not be subject to any other provision 

19 of law. 

20 (d) SINGLE OPPORTUNITY TO UPDATE YIELDS USED

21 TO DETERMINE PRICE LOSS COVERAGE PAYMENTS.— 

22 (1) ELECTION TO UPDATE.—At the sole discre23 tion of the owner of a farm, the owner of a farm 

24 shall have a 1-time opportunity to update the pay25 ment yields on a covered commodity-by-covered comVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
648 

•HR 1947 RH

1 modity basis that would otherwise be used in calcu2 lating any price loss coverage payment for covered 

3 commodities on the farm. 

4 (2) TIME FOR ELECTION.—The election under 

5 paragraph (1) shall be made at a time and manner 

6 to be in effect for the 2014 crop year as determined 

7 by the Secretary. 

8 (3) METHOD OF UPDATING YIELDS.—If the 

9 owner of a farm elects to update yields under this 

10 subsection, the payment yield for a covered com11 modity on the farm, for the purpose of calculating 

12 price loss coverage payments only, shall be equal to 

13 90 percent of the average of the yield per planted 

14 acre for the crop of the covered commodity on the 

15 farm for the 2008 through 2012 crop years, as de16 termined by the Secretary, excluding any crop year 

17 in which the acreage planted to the crop of the cov18 ered commodity was zero. 

19 (4) USE OF COUNTY AVERAGE YIELD.—If the 

20 yield per planted acre for a crop of the covered com21 modity for a farm for any of the 2008 through 2012 

22 crop years was less than 75 percent of the average 

23 of the 2008 through 2012 county yield for that com24 modity, the Secretary shall assign a yield for that 

25 crop year equal to 75 percent of the average of the 


rfrederick on DSK6VPTVN1PROD with BILLS
649 

•HR 1947 RH

1 2008 through 2012 county yield for the purposes of 

2 determining the average yield under paragraph (3). 

3 (5) EFFECT OF LACK OF PAYMENT YIELD.— 

4 (A) ESTABLISHMENT BY SECRETARY.— 

5 For purposes of this subsection, if no payment 

6 yield is otherwise established for a covered com7 modity on a farm, the Secretary shall establish 

8 an appropriate updated payment yield for the 

9 covered commodity on the farm under subpara10 graph (B). 

11 (B) USE OF SIMILARLY SITUATED

12 FARMS.—To establish an appropriate payment 

13 yield for a covered commodity on a farm as re14 quired by subparagraph (A), the Secretary shall 

15 take into consideration the farm program pay16 ment yields applicable to that covered com17 modity for similarly situated farms. The use of 

18 such data in an appeal, by the Secretary or by 

19 the producer, shall not be subject to any other 

20 provision of law. 

21 SEC. 1107. FARM RISK MANAGEMENT ELECTION. 

22 (a) IN GENERAL.— 

23 (1) PAYMENTS REQUIRED.—Except as provided 

24 in paragraph (2), if the Secretary determines that 

25 payments are required under subsection (b)(1) or 


rfrederick on DSK6VPTVN1PROD with BILLS
650 

•HR 1947 RH

1 (c)(2) for a covered commodity, the Secretary shall 

2 make payments for that covered commodity available 

3 under such subsection to producers on a farm pursu4 ant to the terms and conditions of this section. 

5 (2) PROHIBITION ON PAYMENTS; EXCEP6 TIONS.—Notwithstanding any other provision of this 

7 title, a producer on a farm may not receive price loss 

8 coverage payments or revenue loss coverage pay9 ments if the sum of the planted acres of covered 

10 commodities on the farm is 10 acres or less, as de11 termined by the Secretary, unless the producer is— 

12 (A) a socially disadvantaged farmer or 

13 rancher (as defined in section 355(e) of the 

14 Consolidated Farm and Rural Development Act 

15 (7 U.S.C. 2003(e))); or 

16 (B) a limited resource farmer or rancher, 

17 as defined by the Secretary. 

18 (b) PRICE LOSS COVERAGE.— 

19 (1) PAYMENTS.—For each of the 2014 through 

20 2018 crop years, the Secretary shall make price loss 

21 coverage payments to producers on a farm for a cov22 ered commodity if the Secretary determines that— 

23 (A) the effective price for the covered com24 modity for the crop year; is less than 


rfrederick on DSK6VPTVN1PROD with BILLS
651 

•HR 1947 RH

1 (B) the reference price for the covered 

2 commodity for the crop year. 

3 (2) EFFECTIVE PRICE.—The effective price for 

4 a covered commodity for a crop year shall be the 

5 higher of— 

6 (A) the midseason price; or 

7 (B) the national average loan rate for a 

8 marketing assistance loan for the covered com9 modity in effect for crop years 2014 through 

10 2018 under subtitle B. 

11 (3) PAYMENT RATE.—The payment rate shall 

12 be equal to the difference between— 

13 (A) the reference price for the covered 

14 commodity; and 

15 (B) the effective price determined under 

16 paragraph (2) for the covered commodity. 

17 (4) PAYMENT AMOUNT.—If price loss coverage 

18 payments are required to be provided under this 

19 subsection for any of the 2014 through 2018 crop 

20 years for a covered commodity, the amount of the 

21 price loss coverage payment to be paid to the pro22 ducers on a farm for the crop year shall be equal to 

23 the product obtained by multiplying— 

24 (A) the payment rate for the covered com25 modity under paragraph (3); 


rfrederick on DSK6VPTVN1PROD with BILLS
652 

•HR 1947 RH

1 (B) the payment yield for the covered com2 modity; and 

3 (C) the payment acres for the covered com4 modity. 

5 (5) TIME FOR PAYMENTS.—If the Secretary de6 termines under this subsection that price loss cov7 erage payments are required to be provided for the 

8 covered commodity, the payments shall be made be9 ginning October 1, or as soon as practicable there10 after, after the end of the applicable marketing year 

11 for the covered commodity. 

12 (6) SPECIAL RULE FOR BARLEY.—In deter13 mining the effective price for barley in paragraph 

14 (2), the Secretary shall use the all-barley price. 

15 (7) SPECIAL RULE FOR TEMPERATE JAPONICA

16 RICE.—The Secretary shall provide a reference price 

17 with respect to temperate japonica rice in an amount 

18 equal to 115 percent of the amount established in 

19 subparagraphs (F) and (G) of section 1104(16) in 

20 order to reflect price premiums. 

21 (c) REVENUE LOSS COVERAGE.— 

22 (1) AVAILABLE AS AN ALTERNATIVE.—As an 

23 alternative to receiving price loss coverage payments 

24 under subsection (b) for a covered commodity, all of 

25 the owners of the farm may make a one-time, irrevVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
653 

•HR 1947 RH

1 ocable election on a covered commodity-by-covered 

2 commodity basis to receive revenue loss coverage 

3 payments for each covered commodity in accordance 

4 with this subsection. If any of the owners of the 

5 farm make different elections on the same covered 

6 commodity on the farm, all of the owners of the 

7 farm shall be deemed to have not made the election 

8 available under this paragraph. 

9 (2) PAYMENTS.—In the case of owners of a 

10 farm that make the election described in paragraph 

11 (1) for a covered commodity, the Secretary shall 

12 make revenue loss coverage payments available 

13 under this subsection for each of the 2014 through 

14 2018 crop years if the Secretary determines that— 

15 (A) the actual county revenue for the crop 

16 year for the covered commodity; is less than 

17 (B) the county revenue loss coverage trig18 ger for the crop year for the covered com19 modity. 

20 (3) TIME FOR PAYMENTS.—If the Secretary de21 termines under this subsection that revenue loss cov22 erage payments are required to be provided for the 

23 covered commodity, payments shall be made begin24 ning October 1, or as soon as practicable thereafter, 


rfrederick on DSK6VPTVN1PROD with BILLS
654 

•HR 1947 RH

1 after the end of the applicable marketing year for 

2 the covered commodity. 

3 (4) ACTUAL COUNTY REVENUE.—The amount 

4 of the actual county revenue for a crop year of a 

5 covered commodity shall be equal to the product ob6 tained by multiplying— 

7 (A) the actual county yield, as determined 

8 by the Secretary, for each planted acre for the 

9 crop year for the covered commodity; and 

10 (B) the higher of— 

11 (i) the midseason price; or 

12 (ii) the national average loan rate for 

13 a marketing assistance loan for the covered 

14 commodity in effect for crop years 2014 

15 through 2018 under subtitle B. 

16 (5) COUNTY REVENUE LOSS COVERAGE TRIG17 GER.— 

18 (A) IN GENERAL.—The county revenue 

19 loss coverage trigger for a crop year for a cov20 ered commodity on a farm shall equal 85 per21 cent of the benchmark county revenue. 

22 (B) BENCHMARK COUNTY REVENUE.— 

23 (i) IN GENERAL.—The benchmark 

24 county revenue shall be the product ob25 tained by multiplying— 


rfrederick on DSK6VPTVN1PROD with BILLS
655 

•HR 1947 RH

1 (I) subject to clause (ii), the av2 erage historical county yield as deter3 mined by the Secretary for the most 

4 recent 5 crop years, excluding each of 

5 the crop years with the highest and 

6 lowest yields; and 

7 (II) subject to clause (iii), the av8 erage national marketing year average 

9 price for the most recent 5 crop years, 

10 excluding each of the crop years with 

11 the highest and lowest prices. 

12 (ii) YIELD CONDITIONS.—If the his13 torical county yield in clause (i)(I) for any 

14 of the 5 most recent crop years, as deter15 mined by the Secretary, is less than 70 

16 percent of the transitional yield, as deter17 mined by the Secretary, the amounts used 

18 for any of those years in clause (i)(I) shall 

19 be 70 percent of the transitional yield. 

20 (iii) REFERENCE PRICE.—If the na21 tional marketing year average price in 

22 clause (i)(II) for any of the 5 most recent 

23 crop years is lower than the reference price 

24 for the covered commodity, the Secretary 

25 shall use the reference price for any of 


rfrederick on DSK6VPTVN1PROD with BILLS
656 

•HR 1947 RH

1 those years for the amounts in clause 

2 (i)(II). 

3 (6) PAYMENT RATE.—The payment rate shall 

4 be equal to the lesser of— 

5 (A) the difference between— 

6 (i) the county revenue loss coverage 

7 trigger for the covered commodity; and 

8 (ii) the actual county revenue for the 

9 crop year for the covered commodity; or 

10 (B) 10 percent of the benchmark county 

11 revenue for the crop year for the covered com12 modity. 

13 (7) PAYMENT AMOUNT.—If revenue loss cov14 erage payments under this subsection are required 

15 to be provided for any of the 2014 through 2018 

16 crop years of a covered commodity, the amount of 

17 the revenue loss coverage payment to be provided to 

18 the producers on a farm for the crop year shall be 

19 equal to the product obtained by multiplying— 

20 (A) the payment rate under paragraph (6); 

21 and 

22 (B) the payment acres of the covered com23 modity on the farm. 


rfrederick on DSK6VPTVN1PROD with BILLS
657 

•HR 1947 RH

1 (8) DUTIES OF THE SECRETARY.—In providing 

2 revenue loss coverage payments under this sub3 section, the Secretary— 

4 (A) shall ensure that producers on a farm 

5 do not reconstitute the farm of the producers to 

6 void or change the election made under para7 graph (1); 

8 (B) to the maximum extent practicable, 

9 shall use all available information and analysis, 

10 including data mining, to check for anomalies 

11 in the provision of revenue loss coverage pay12 ments; 

13 (C) to the maximum extent practicable, 

14 shall calculate a separate county revenue loss 

15 coverage trigger for irrigated and nonirrigated 

16 covered commodities and a separate actual 

17 county revenue for irrigated and nonirrigated 

18 covered commodities; 

19 (D) shall assign a benchmark county yield 

20 for each planted acre for the crop year for the 

21 covered commodity on the basis of the yield his22 tory of representative farms in the State, re23 gion, or crop reporting district, as determined 

24 by the Secretary, if— 


rfrederick on DSK6VPTVN1PROD with BILLS
658 

•HR 1947 RH

1 (i) the Secretary cannot establish the 

2 benchmark county yield for each planted 

3 acre for a crop year for a covered com4 modity in the county in accordance with 

5 paragraph (5); or 

6 (ii) the yield determined under para7 graph (5) is an unrepresentative average 

8 yield for the county (as determined by the 

9 Secretary); and 

10 (E) to the maximum extent practicable, 

11 shall ensure that in order to be eligible for a 

12 payment under this subsection, the producers 

13 on the farm suffered an actual loss on the cov14 ered commodity for the crop year for which 

15 payment is sought. 

16 SEC. 1108. PRODUCER AGREEMENTS. 

17 (a) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

18 (1) REQUIREMENTS.—Before the producers on 

19 a farm may receive payments under this subtitle 

20 with respect to the farm, the producers shall agree, 

21 during the crop year for which the payments are 

22 made and in exchange for the payments— 

23 (A) to comply with applicable conservation 

24 requirements under subtitle B of title XII of 


rfrederick on DSK6VPTVN1PROD with BILLS
659 

•HR 1947 RH

1 the Food Security Act of 1985 (16 U.S.C. 3811 

2 et seq.); 

3 (B) to comply with applicable wetland pro4 tection requirements under subtitle C of title 

5 XII of that Act (16 U.S.C. 3821 et seq.); and 

6 (C) to effectively control noxious weeds 

7 and otherwise maintain the land in accordance 

8 with sound agricultural practices, as determined 

9 by the Secretary. 

10 (2) COMPLIANCE.—The Secretary may issue 

11 such rules as the Secretary considers necessary to 

12 ensure producer compliance with the requirements of 

13 paragraph (1). 

14 (3) MODIFICATION.—At the request of the 

15 transferee or owner, the Secretary may modify the 

16 requirements of this subsection if the modifications 

17 are consistent with the objectives of this subsection, 

18 as determined by the Secretary. 

19 (b) TRANSFER OR CHANGE OF INTEREST IN

20 FARM.— 

21 (1) TERMINATION.— 

22 (A) IN GENERAL.—Except as provided in 

23 paragraph (2), a transfer of (or change in) the 

24 interest of the producers on a farm for which 

25 payments under this subtitle are provided shall 


rfrederick on DSK6VPTVN1PROD with BILLS
660 

•HR 1947 RH

1 result in the termination of the payments, un2 less the transferee or owner of the acreage 

3 agrees to assume all obligations under sub4 section (a). 

5 (B) EFFECTIVE DATE.—The termination 

6 shall take effect on the date determined by the 

7 Secretary. 

8 (2) EXCEPTION.—If a producer entitled to a 

9 payment under this subtitle dies, becomes incom10 petent, or is otherwise unable to receive the pay11 ment, the Secretary shall make the payment in ac12 cordance with rules issued by the Secretary. 

13 (c) ACREAGE REPORTS.—As a condition on the re14 ceipt of any benefits under this subtitle or subtitle B, the 

15 Secretary shall require producers on a farm to submit to 

16 the Secretary annual acreage reports with respect to all 

17 cropland on the farm. 

18 (d) TENANTS AND SHARECROPPERS.—In carrying 

19 out this subtitle, the Secretary shall provide adequate safe20 guards to protect the interests of tenants and share21 croppers. 

22 (e) SHARING OF PAYMENTS.—The Secretary shall 

23 provide for the sharing of payments made under this sub24 title among the producers on a farm on a fair and equi25 table basis. 


rfrederick on DSK6VPTVN1PROD with BILLS
661 

•HR 1947 RH

1 SEC. 1109. PERIOD OF EFFECTIVENESS. 

2 This subtitle shall be effective beginning with the 

3 2014 crop year of each covered commodity through the 

4 2018 crop year. 

5 Subtitle B—Marketing Loans 

6 SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING 

7 ASSISTANCE LOANS FOR LOAN COMMOD8 ITIES. 

9 (a) DEFINITION OF LOAN COMMODITY.—In this sub10 title, the term ‘‘loan commodity’’ means wheat, corn, grain 

11 sorghum, barley, oats, upland cotton, extra long staple 

12 cotton, long grain rice, medium grain rice, peanuts, soy13 beans, other oilseeds, graded wool, nongraded wool, mo14 hair, honey, dry peas, lentils, small chickpeas, and large 

15 chickpeas. 

16 (b) NONRECOURSE LOANS AVAILABLE.— 

17 (1) IN GENERAL.—For each of the 2014 

18 through 2018 crops of each loan commodity, the 

19 Secretary shall make available to producers on a 

20 farm nonrecourse marketing assistance loans for 

21 loan commodities produced on the farm. 

22 (2) TERMS AND CONDITIONS.—The marketing 

23 assistance loans shall be made under terms and con24 ditions that are prescribed by the Secretary and at 

25 the loan rate established under section 1202 for the 

26 loan commodity. 


rfrederick on DSK6VPTVN1PROD with BILLS
662 

•HR 1947 RH

1 (c) ELIGIBLE PRODUCTION.—The producers on a 

2 farm shall be eligible for a marketing assistance loan 

3 under subsection (b) for any quantity of a loan commodity 

4 produced on the farm. 

5 (d) COMPLIANCE WITH CONSERVATION AND WET6 LANDS REQUIREMENTS.—As a condition of the receipt of 

7 a marketing assistance loan under subsection (b), the pro8 ducer shall comply with applicable conservation require9 ments under subtitle B of title XII of the Food Security 

10 Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wet11 land protection requirements under subtitle C of title XII 

12 of that Act (16 U.S.C. 3821 et seq.) during the term of 

13 the loan. 

14 (e) SPECIAL RULES FOR PEANUTS.— 

15 (1) IN GENERAL.—This subsection shall apply 

16 only to producers of peanuts. 

17 (2) OPTIONS FOR OBTAINING LOAN.—A mar18 keting assistance loan under this section, and loan 

19 deficiency payments under section 1205, may be ob20 tained at the option of the producers on a farm 

21 through— 

22 (A) a designated marketing association or 

23 marketing cooperative of producers that is ap24 proved by the Secretary; or 

25 (B) the Farm Service Agency. 


rfrederick on DSK6VPTVN1PROD with BILLS
663 

•HR 1947 RH

1 (3) STORAGE OF LOAN PEANUTS.—As a condi2 tion on the approval by the Secretary of an indi3 vidual or entity to provide storage for peanuts for 

4 which a marketing assistance loan is made under 

5 this section, the individual or entity shall agree— 

6 (A) to provide the storage on a nondiscrim7 inatory basis; and 

8 (B) to comply with such additional require9 ments as the Secretary considers appropriate to 

10 accomplish the purposes of this section and pro11 mote fairness in the administration of the bene12 fits of this section. 

13 (4) STORAGE, HANDLING, AND ASSOCIATED

14 COSTS.— 

15 (A) IN GENERAL.—To ensure proper stor16 age of peanuts for which a loan is made under 

17 this section, the Secretary shall pay handling 

18 and other associated costs (other than storage 

19 costs) incurred at the time at which the peanuts 

20 are placed under loan, as determined by the 

21 Secretary. 

22 (B) REDEMPTION AND FORFEITURE.—The 

23 Secretary shall— 

24 (i) require the repayment of handling 

25 and other associated costs paid under subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
664 

•HR 1947 RH

1 paragraph (A) for all peanuts pledged as 

2 collateral for a loan that is redeemed under 

3 this section; and 

4 (ii) pay storage, handling, and other 

5 associated costs for all peanuts pledged as 

6 collateral that are forfeited under this sec7 tion. 

8 (5) MARKETING.—A marketing association or 

9 cooperative may market peanuts for which a loan is 

10 made under this section in any manner that con11 forms to consumer needs, including the separation of 

12 peanuts by type and quality. 

13 (6) REIMBURSABLE AGREEMENTS AND PAY14 MENT OF ADMINISTRATIVE EXPENSES.—The Sec15 retary may implement any reimbursable agreements 

16 or provide for the payment of administrative ex17 penses under this subsection only in a manner that 

18 is consistent with those activities in regard to other 

19 loan commodities. 

20 SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING 

21 ASSISTANCE LOANS. 

22 (a) IN GENERAL.—For purposes of each of the 2014 

23 through 2018 crop years, the loan rate for a marketing 

24 assistance loan under section 1201 for a loan commodity 

25 shall be equal to the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
665 

•HR 1947 RH

1 (1) In the case of wheat, $2.94 per bushel. 

2 (2) In the case of corn, $1.95 per bushel. 

3 (3) In the case of grain sorghum, $1.95 per 

4 bushel. 

5 (4) In the case of barley, $1.95 per bushel. 

6 (5) In the case of oats, $1.39 per bushel. 

7 (6) In the case of base quality of upland cotton, 

8 for the 2014 and each subsequent crop year, the 

9 simple average of the adjusted prevailing world price 

10 for the 2 immediately preceding marketing years, as 

11 determined by the Secretary and announced October 

12 1 preceding the next domestic plantings, but in no 

13 case less than $0.47 per pound or more than $0.52 

14 per pound. 

15 (7) In the case of extra long staple cotton, 

16 $0.7977 per pound. 

17 (8) In the case of long grain rice, $6.50 per 

18 hundredweight. 

19 (9) In the case of medium grain rice, $6.50 per 

20 hundredweight. 

21 (10) In the case of soybeans, $5.00 per bushel. 

22 (11) In the case of other oilseeds, $10.09 per 

23 hundredweight for each of the following kinds of oil24 seeds: 

25 (A) Sunflower seed. 


rfrederick on DSK6VPTVN1PROD with BILLS
666 

•HR 1947 RH

1 (B) Rapeseed. 

2 (C) Canola. 

3 (D) Safflower. 

4 (E) Flaxseed. 

5 (F) Mustard seed. 

6 (G) Crambe. 

7 (H) Sesame seed. 

8 (I) Other oilseeds designated by the Sec9 retary. 

10 (12) In the case of dry peas, $5.40 per hun11 dredweight. 

12 (13) In the case of lentils, $11.28 per hundred13 weight. 

14 (14) In the case of small chickpeas, $7.43 per 

15 hundredweight. 

16 (15) In the case of large chickpeas, $11.28 per 

17 hundredweight. 

18 (16) In the case of graded wool, $1.15 per 

19 pound. 

20 (17) In the case of nongraded wool, $0.40 per 

21 pound. 

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

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

24 (20) In the case of peanuts, $355 per ton. 


rfrederick on DSK6VPTVN1PROD with BILLS
667 

•HR 1947 RH

1 (b) SINGLE COUNTY LOAN RATE FOR OTHER OIL2 SEEDS.—The Secretary shall establish a single loan rate 

3 in each county for each kind of other oilseeds described 

4 in subsection (a)(11). 

5 SEC. 1203. TERM OF LOANS. 

6 (a) TERM OF LOAN.—In the case of each loan com7 modity, a marketing assistance loan under section 1201 

8 shall have a term of 9 months beginning on the first day 

9 of the first month after the month in which the loan is 

10 made. 

11 (b) EXTENSIONS PROHIBITED.—The Secretary may 

12 not extend the term of a marketing assistance loan for 

13 any loan commodity. 

14 SEC. 1204. REPAYMENT OF LOANS. 

15 (a) GENERAL RULE.—The Secretary shall permit the 

16 producers on a farm to repay a marketing assistance loan 

17 under section 1201 for a loan commodity (other than up18 land cotton, long grain rice, medium grain rice, extra long 

19 staple cotton, peanuts and confectionery and each other 

20 kind of sunflower seed (other than oil sunflower seed)) at 

21 a rate that is the lesser of— 

22 (1) the loan rate established for the commodity 

23 under section 1202, plus interest (determined in ac24 cordance with section 163 of the Federal Agriculture 


rfrederick on DSK6VPTVN1PROD with BILLS
668 

•HR 1947 RH

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

2 7283)); 

3 (2) a rate (as determined by the Secretary) 

4 that— 

5 (A) is calculated based on average market 

6 prices for the loan commodity during the pre7 ceding 30-day period; and 

8 (B) will minimize discrepancies in mar9 keting loan benefits across State boundaries 

10 and across county boundaries; or 

11 (3) a rate that the Secretary may develop using 

12 alternative methods for calculating a repayment rate 

13 for a loan commodity that the Secretary determines 

14 will— 

15 (A) minimize potential loan forfeitures; 

16 (B) minimize the accumulation of stocks of 

17 the commodity by the Federal Government; 

18 (C) minimize the cost incurred by the Fed19 eral Government in storing the commodity; 

20 (D) allow the commodity produced in the 

21 United States to be marketed freely and com22 petitively, both domestically and internationally; 

23 and 


rfrederick on DSK6VPTVN1PROD with BILLS
669 

•HR 1947 RH

1 (E) minimize discrepancies in marketing 

2 loan benefits across State boundaries and 

3 across county boundaries. 

4 (b) REPAYMENT RATES FOR UPLAND COTTON, LONG

5 GRAIN RICE, AND MEDIUM GRAIN RICE.—The Secretary 

6 shall permit producers to repay a marketing assistance 

7 loan under section 1201 for upland cotton, long grain rice, 

8 and medium grain rice at a rate that is the lesser of— 

9 (1) the loan rate established for the commodity 

10 under section 1202, plus interest (determined in ac11 cordance with section 163 of the Federal Agriculture 

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

13 7283)); or 

14 (2) the prevailing world market price for the 

15 commodity, as determined and adjusted by the Sec16 retary in accordance with this section. 

17 (c) REPAYMENT RATES FOR EXTRA LONG STAPLE

18 COTTON.—Repayment of a marketing assistance loan for 

19 extra long staple cotton shall be at the loan rate estab20 lished for the commodity under section 1202, plus interest 

21 (determined in accordance with section 163 of the Federal 

22 Agriculture Improvement and Reform Act of 1996 (7 

23 U.S.C. 7283)). 


rfrederick on DSK6VPTVN1PROD with BILLS
670 

•HR 1947 RH

1 (d) PREVAILING WORLD MARKET PRICE.—For pur2 poses of this section and section 1207, the Secretary shall 

3 prescribe by regulation— 

4 (1) a formula to determine the prevailing world 

5 market price for each of upland cotton, long grain 

6 rice, and medium grain rice; and 

7 (2) a mechanism by which the Secretary shall 

8 announce periodically those prevailing world market 

9 prices. 

10 (e) ADJUSTMENT OF PREVAILING WORLD MARKET

11 PRICE FOR UPLAND COTTON, LONG GRAIN RICE, AND

12 MEDIUM GRAIN RICE.— 

13 (1) RICE.—The prevailing world market price 

14 for long grain rice and medium grain rice deter15 mined under subsection (d) shall be adjusted to 

16 United States quality and location. 

17 (2) COTTON.—The prevailing world market 

18 price for upland cotton determined under subsection 

19 (d)— 

20 (A) shall be adjusted to United States 

21 quality and location, with the adjustment to in22 clude— 

23 (i) a reduction equal to any United 

24 States Premium Factor for upland cotton 


rfrederick on DSK6VPTVN1PROD with BILLS
671 

•HR 1947 RH

1 of a quality higher than Middling (M) 

13 2 ⁄32-inch; and 

3 (ii) the average costs to market the 

4 commodity, including average transpor5 tation costs, as determined by the Sec6 retary; and 

7 (B) may be further adjusted, during the 

8 period beginning on the date of enactment of 

9 this Act and ending on July 31, 2019, if the 

10 Secretary determines the adjustment is nec11 essary— 

12 (i) to minimize potential loan forfeit13 ures; 

14 (ii) to minimize the accumulation of 

15 stocks of upland cotton by the Federal 

16 Government; 

17 (iii) to ensure that upland cotton pro18 duced in the United States can be mar19 keted freely and competitively, both domes20 tically and internationally; and 

21 (iv) to ensure an appropriate transi22 tion between current-crop and forward23 crop price quotations, except that the Sec24 retary may use forward-crop price 


rfrederick on DSK6VPTVN1PROD with BILLS
672 

•HR 1947 RH

1 quotations prior to July 31 of a marketing 

2 year only if— 

3 (I) there are insufficient current4 crop price quotations; and 

5 (II) the forward-crop price 

6 quotation is the lowest such quotation 

7 available. 

8 (3) GUIDELINES FOR ADDITIONAL ADJUST9 MENTS.—In making adjustments under this sub10 section, the Secretary shall establish a mechanism 

11 for determining and announcing the adjustments in 

12 order to avoid undue disruption in the United States 

13 market. 

14 (f) REPAYMENT RATES FOR CONFECTIONERY AND

15 OTHER KINDS OF SUNFLOWER SEEDS.—The Secretary 

16 shall permit the producers on a farm to repay a marketing 

17 assistance loan under section 1201 for confectionery and 

18 each other kind of sunflower seed (other than oil sunflower 

19 seed) at a rate that is the lesser of— 

20 (1) the loan rate established for the commodity 

21 under section 1202, plus interest (determined in ac22 cordance with section 163 of the Federal Agriculture 

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

24 7283)); or 


rfrederick on DSK6VPTVN1PROD with BILLS
673 

•HR 1947 RH

1 (2) the repayment rate established for oil sun2 flower seed. 

3 (g) PAYMENT OF COTTON STORAGE COSTS.—Effec4 tive for each of the 2014 through 2018 crop years, the 

5 Secretary shall make cotton storage payments available in 

6 the same manner, and at the same rates as the Secretary 

7 provided storage payments for the 2006 crop of cotton, 

8 except that the rates shall be reduced by 10 percent. 

9 (h) REPAYMENT RATE FOR PEANUTS.—The Sec10 retary shall permit producers on a farm to repay a mar11 keting assistance loan for peanuts under section 1201 at 

12 a rate that is the lesser of— 

13 (1) the loan rate established for peanuts under 

14 section 1202(a)(20), plus interest (determined in ac15 cordance with section 163 of the Federal Agriculture 

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

17 7283)); or 

18 (2) a rate that the Secretary determines will— 

19 (A) minimize potential loan forfeitures; 

20 (B) minimize the accumulation of stocks of 

21 peanuts by the Federal Government; 

22 (C) minimize the cost incurred by the Fed23 eral Government in storing peanuts; and 


rfrederick on DSK6VPTVN1PROD with BILLS
674 

•HR 1947 RH

1 (D) allow peanuts produced in the United 

2 States to be marketed freely and competitively, 

3 both domestically and internationally. 

4 (i) AUTHORITY TO TEMPORARILY ADJUST REPAY5 MENT RATES.— 

6 (1) ADJUSTMENT AUTHORITY.—In the event of 

7 a severe disruption to marketing, transportation, or 

8 related infrastructure, the Secretary may modify the 

9 repayment rate otherwise applicable under this sec10 tion for marketing assistance loans under section 

11 1201 for a loan commodity. 

12 (2) DURATION.—Any adjustment made under 

13 paragraph (1) in the repayment rate for marketing 

14 assistance loans for a loan commodity shall be in ef15 fect on a short-term and temporary basis, as deter16 mined by the Secretary. 

17 SEC. 1205. LOAN DEFICIENCY PAYMENTS. 

18 (a) AVAILABILITY OF LOAN DEFICIENCY PAY19 MENTS.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (d), the Secretary may make loan deficiency 

22 payments available to producers on a farm that, al23 though eligible to obtain a marketing assistance loan 

24 under section 1201 with respect to a loan com25 modity, agree to forgo obtaining the loan for the 


rfrederick on DSK6VPTVN1PROD with BILLS
675 

•HR 1947 RH

1 commodity in return for loan deficiency payments 

2 under this section. 

3 (2) UNSHORN PELTS, HAY, AND SILAGE.— 

4 (A) MARKETING ASSISTANCE LOANS.— 

5 Subject to subparagraph (B), nongraded wool 

6 in the form of unshorn pelts and hay and silage 

7 derived from a loan commodity are not eligible 

8 for a marketing assistance loan under section 

9 1201. 

10 (B) LOAN DEFICIENCY PAYMENT.—Effec11 tive for the 2014 through 2018 crop years, the 

12 Secretary may make loan deficiency payments 

13 available under this section to producers on a 

14 farm that produce unshorn pelts or hay and si15 lage derived from a loan commodity. 

16 (b) COMPUTATION.—A loan deficiency payment for a 

17 loan commodity or commodity referred to in subsection 

18 (a)(2) shall be equal to the product obtained by multi19 plying— 

20 (1) the payment rate determined under sub21 section (c) for the commodity; by 

22 (2) the quantity of the commodity produced by 

23 the eligible producers, excluding any quantity for 

24 which the producers obtain a marketing assistance 

25 loan under section 1201. 


rfrederick on DSK6VPTVN1PROD with BILLS
676 

•HR 1947 RH

1 (c) PAYMENT RATE.— 

2 (1) IN GENERAL.—In the case of a loan com3 modity, the payment rate shall be the amount by 

4 which— 

5 (A) the loan rate established under section 

6 1202 for the loan commodity; exceeds 

7 (B) the rate at which a marketing assist8 ance loan for the loan commodity may be repaid 

9 under section 1204. 

10 (2) UNSHORN PELTS.—In the case of unshorn 

11 pelts, the payment rate shall be the amount by 

12 which— 

13 (A) the loan rate established under section 

14 1202 for ungraded wool; exceeds 

15 (B) the rate at which a marketing assist16 ance loan for ungraded wool may be repaid 

17 under section 1204. 

18 (3) HAY AND SILAGE.—In the case of hay or si19 lage derived from a loan commodity, the payment 

20 rate shall be the amount by which— 

21 (A) the loan rate established under section 

22 1202 for the loan commodity from which the 

23 hay or silage is derived; exceeds 


rfrederick on DSK6VPTVN1PROD with BILLS
677 

•HR 1947 RH

1 (B) the rate at which a marketing assist2 ance loan for the loan commodity may be repaid 

3 under section 1204. 

4 (d) EXCEPTION FOR EXTRA LONG STAPLE COT5 TON.—This section shall not apply with respect to extra 

6 long staple cotton. 

7 (e) EFFECTIVE DATE FOR PAYMENT RATE DETER8 MINATION.—The Secretary shall determine the amount of 

9 the loan deficiency payment to be made under this section 

10 to the producers on a farm with respect to a quantity of 

11 a loan commodity or commodity referred to in subsection 

12 (a)(2) using the payment rate in effect under subsection 

13 (c) as of the date the producers request the payment. 

14 SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAY15 MENTS FOR GRAZED ACREAGE. 

16 (a) ELIGIBLE PRODUCERS.— 

17 (1) IN GENERAL.—Effective for the 2014 

18 through 2018 crop years, in the case of a producer 

19 that would be eligible for a loan deficiency payment 

20 under section 1205 for wheat, barley, or oats, but 

21 that elects to use acreage planted to the wheat, bar22 ley, or oats for the grazing of livestock, the Sec23 retary shall make a payment to the producer under 

24 this section if the producer enters into an agreement 


rfrederick on DSK6VPTVN1PROD with BILLS
678 

•HR 1947 RH

1 with the Secretary to forgo any other harvesting of 

2 the wheat, barley, or oats on that acreage. 

3 (2) GRAZING OF TRITICALE ACREAGE.—Effec4 tive for the 2014 through 2018 crop years, with re5 spect to a producer on a farm that uses acreage 

6 planted to triticale for the grazing of livestock, the 

7 Secretary shall make a payment to the producer 

8 under this section if the producer enters into an 

9 agreement with the Secretary to forgo any other 

10 harvesting of triticale on that acreage. 

11 (b) PAYMENT AMOUNT.— 

12 (1) IN GENERAL.—The amount of a payment 

13 made under this section to a producer on a farm de14 scribed in subsection (a)(1) shall be equal to the 

15 amount determined by multiplying— 

16 (A) the loan deficiency payment rate deter17 mined under section 1205(c) in effect, as of the 

18 date of the agreement, for the county in which 

19 the farm is located; by 

20 (B) the payment quantity determined by 

21 multiplying— 

22 (i) the quantity of the grazed acreage 

23 on the farm with respect to which the pro24 ducer elects to forgo harvesting of wheat, 

25 barley, or oats; and 


rfrederick on DSK6VPTVN1PROD with BILLS
679 

•HR 1947 RH

1 (ii)(I) the payment yield in effect for 

2 the calculation of price loss coverage under 

3 subtitle A with respect to that loan com4 modity on the farm; or 

5 (II) in the case of a farm without a 

6 payment yield for that loan commodity, an 

7 appropriate yield established by the Sec8 retary in a manner consistent with section 

9 1106(c) of this Act. 

10 (2) GRAZING OF TRITICALE ACREAGE.—The 

11 amount of a payment made under this section to a 

12 producer on a farm described in subsection (a)(2) 

13 shall be equal to the amount determined by multi14 plying— 

15 (A) the loan deficiency payment rate deter16 mined under section 1205(c) in effect for 

17 wheat, as of the date of the agreement, for the 

18 county in which the farm is located; by 

19 (B) the payment quantity determined by 

20 multiplying— 

21 (i) the quantity of the grazed acreage 

22 on the farm with respect to which the pro23 ducer elects to forgo harvesting of triticale; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
680 

•HR 1947 RH

1 (ii)(I) the payment yield in effect for 

2 the calculation of price loss coverage under 

3 subtitle A with respect to wheat on the 

4 farm; or 

5 (II) in the case of a farm without a 

6 payment yield for wheat, an appropriate 

7 yield established by the Secretary in a 

8 manner consistent with section 1106(c) of 

9 this Act. 

10 (c) TIME, MANNER, AND AVAILABILITY OF PAY11 MENT.— 

12 (1) TIME AND MANNER.—A payment under this 

13 section shall be made at the same time and in the 

14 same manner as loan deficiency payments are made 

15 under section 1205. 

16 (2) AVAILABILITY.— 

17 (A) IN GENERAL.—The Secretary shall es18 tablish an availability period for the payments 

19 authorized by this section. 

20 (B) CERTAIN COMMODITIES.—In the case 

21 of wheat, barley, and oats, the availability pe22 riod shall be consistent with the availability pe23 riod for the commodity established by the Sec24 retary for marketing assistance loans author25 ized by this subtitle. 


rfrederick on DSK6VPTVN1PROD with BILLS
681 

•HR 1947 RH

1 (d) PROHIBITION ON CROP INSURANCE INDEMNITY

2 OR NONINSURED CROP ASSISTANCE.—A 2014 through 

3 2018 crop of wheat, barley, oats, or triticale planted on 

4 acreage that a producer elects, in the agreement required 

5 by subsection (a), to use for the grazing of livestock in 

6 lieu of any other harvesting of the crop shall not be eligible 

7 for an indemnity under a policy or plan of insurance au8 thorized under the Federal Crop Insurance Act (7 U.S.C. 

9 1501 et seq.) or noninsured crop assistance under section 

10 196 of the Federal Agriculture Improvement and Reform 

11 Act of 1996 (7 U.S.C. 7333). 

12 SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR 

13 UPLAND COTTON. 

14 (a) SPECIAL IMPORT QUOTA.— 

15 (1) DEFINITION OF SPECIAL IMPORT QUOTA.— 

16 In this subsection, the term ‘‘special import quota’’ 

17 means a quantity of imports that is not subject to 

18 the over-quota tariff rate of a tariff-rate quota. 

19 (2) ESTABLISHMENT.— 

20 (A) IN GENERAL.—The President shall 

21 carry out an import quota program during the 

22 period beginning on August 1, 2014, and end23 ing on July 31, 2019, as provided in this sub24 section. 


rfrederick on DSK6VPTVN1PROD with BILLS
682 

•HR 1947 RH

1 (B) PROGRAM REQUIREMENTS.—Whenever 

2 the Secretary determines and announces that 

3 for any consecutive 4-week period, the Friday 

4 through Thursday average price quotation for 

5 the lowest-priced United States growth, as 

quoted for Middling (M) 13 6 ⁄32-inch cotton, deliv7 ered to a definable and significant international 

8 market, as determined by the Secretary, ex9 ceeds the prevailing world market price, there 

10 shall immediately be in effect a special import 

11 quota. 

12 (3) QUANTITY.—The quota shall be equal to 

13 the consumption during a 1-week period of cotton by 

14 domestic mills at the seasonally adjusted average 

15 rate of the most recent 3 months for which official 

16 data of the Department of Agriculture are available 

17 or, in the absence of sufficient data, as estimated by 

18 the Secretary. 

19 (4) APPLICATION.—The quota shall apply to 

20 upland cotton purchased not later than 90 days 

21 after the date of the Secretary’s announcement 

22 under paragraph (2) and entered into the United 

23 States not later than 180 days after that date. 

24 (5) OVERLAP.—A special quota period may be 

25 established that overlaps any existing quota period if 


rfrederick on DSK6VPTVN1PROD with BILLS
683 

•HR 1947 RH

1 required by paragraph (2), except that a special 

2 quota period may not be established under this sub3 section if a quota period has been established under 

4 subsection (b). 

5 (6) PREFERENTIAL TARIFF TREATMENT.—The 

6 quantity under a special import quota shall be con7 sidered to be an in-quota quantity for purposes of— 

8 (A) section 213(d) of the Caribbean Basin 

9 Economic Recovery Act (19 U.S.C. 2703(d)); 

10 (B) section 204 of the Andean Trade Pref11 erence Act (19 U.S.C. 3203); 

12 (C) section 503(d) of the Trade Act of 

13 1974 (19 U.S.C. 2463(d)); and 

14 (D) General Note 3(a)(iv) to the Har15 monized Tariff Schedule. 

16 (7) LIMITATION.—The quantity of cotton en17 tered into the United States during any marketing 

18 year under the special import quota established 

19 under this subsection may not exceed the equivalent 

20 of 10 week’s consumption of upland cotton by do21 mestic mills at the seasonally adjusted average rate 

22 of the 3 months immediately preceding the first spe23 cial import quota established in any marketing year. 

24 (b) LIMITED GLOBAL IMPORT QUOTA FOR UPLAND

25 COTTON.— 


rfrederick on DSK6VPTVN1PROD with BILLS
684 

•HR 1947 RH

1 (1) DEFINITIONS.—In this subsection: 

2 (A) DEMAND.—The term ‘‘demand’’ 

3 means— 

4 (i) the average seasonally adjusted an5 nual rate of domestic mill consumption of 

6 cotton during the most recent 3 months 

7 for which official data of the Department 

8 of Agriculture are available or, in the ab9 sence of sufficient data, as estimated by 

10 the Secretary; and 

11 (ii) the larger of— 

12 (I) average exports of upland cot13 ton during the preceding 6 marketing 

14 years; or 

15 (II) cumulative exports of upland 

16 cotton plus outstanding export sales 

17 for the marketing year in which the 

18 quota is established. 

19 (B) LIMITED GLOBAL IMPORT QUOTA.— 

20 The term ‘‘limited global import quota’’ means 

21 a quantity of imports that is not subject to the 

22 over-quota tariff rate of a tariff-rate quota. 

23 (C) SUPPLY.—The term ‘‘supply’’ means, 

24 using the latest official data of the Department 

25 of Agriculture— 


rfrederick on DSK6VPTVN1PROD with BILLS
685 

•HR 1947 RH

1 (i) the carry-over of upland cotton at 

2 the beginning of the marketing year (ad3 justed to 480-pound bales) in which the 

4 quota is established; 

5 (ii) production of the current crop; 

6 and 

7 (iii) imports to the latest date avail8 able during the marketing year. 

9 (2) PROGRAM.—The President shall carry out 

10 an import quota program that provides that when11 ever the Secretary determines and announces that 

12 the average price of the base quality of upland cot13 ton, as determined by the Secretary, in the des14 ignated spot markets for a month exceeded 130 per15 cent of the average price of the quality of cotton in 

16 the markets for the preceding 36 months, notwith17 standing any other provision of law, there shall im18 mediately be in effect a limited global import quota 

19 subject to the following conditions: 

20 (A) QUANTITY.—The quantity of the quota 

21 shall be equal to 21 days of domestic mill con22 sumption of upland cotton at the seasonally ad23 justed average rate of the most recent 3 months 

24 for which official data of the Department of AgVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
686 

•HR 1947 RH

1 riculture are available or, in the absence of suf2 ficient data, as estimated by the Secretary. 

3 (B) QUANTITY IF PRIOR QUOTA.—If a 

4 quota has been established under this sub5 section during the preceding 12 months, the 

6 quantity of the quota next established under 

7 this subsection shall be the smaller of 21 days 

8 of domestic mill consumption calculated under 

9 subparagraph (A) or the quantity required to 

10 increase the supply to 130 percent of the de11 mand. 

12 (C) PREFERENTIAL TARIFF TREAT13 MENT.—The quantity under a limited global 

14 import quota shall be considered to be an in15 quota quantity for purposes of— 

16 (i) section 213(d) of the Caribbean 

17 Basin Economic Recovery Act (19 U.S.C. 

18 2703(d)); 

19 (ii) section 204 of the Andean Trade 

20 Preference Act (19 U.S.C. 3203); 

21 (iii) section 503(d) of the Trade Act 

22 of 1974 (19 U.S.C. 2463(d)); and 

23 (iv) General Note 3(a)(iv) to the Har24 monized Tariff Schedule. 


rfrederick on DSK6VPTVN1PROD with BILLS
687 

•HR 1947 RH

1 (D) QUOTA ENTRY PERIOD.—When a 

2 quota is established under this subsection, cot3 ton may be entered under the quota during the 

4 90-day period beginning on the date the quota 

5 is established by the Secretary. 

6 (3) NO OVERLAP.—Notwithstanding paragraph 

7 (2), a quota period may not be established that over8 laps an existing quota period or a special quota pe9 riod established under subsection (a). 

10 (c) ECONOMIC ADJUSTMENT ASSISTANCE TO USERS

11 OF UPLAND COTTON.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary shall, on a monthly basis, make eco14 nomic adjustment assistance available to domestic 

15 users of upland cotton in the form of payments for 

16 all documented use of that upland cotton during the 

17 previous monthly period regardless of the origin of 

18 the upland cotton. 

19 (2) VALUE OF ASSISTANCE.—Effective begin20 ning on August 1, 2013, the value of the assistance 

21 provided under paragraph (1) shall be 3 cents per 

22 pound. 

23 (3) ALLOWABLE PURPOSES.—Economic adjust24 ment assistance under this subsection shall be made 

25 available only to domestic users of upland cotton 


rfrederick on DSK6VPTVN1PROD with BILLS
688 

•HR 1947 RH

1 that certify that the assistance shall be used only to 

2 acquire, construct, install, modernize, develop, con3 vert, or expand land, plant, buildings, equipment, fa4 cilities, or machinery. 

5 (4) REVIEW OR AUDIT.—The Secretary may 

6 conduct such review or audit of the records of a do7 mestic user under this subsection as the Secretary 

8 determines necessary to carry out this subsection. 

9 (5) IMPROPER USE OF ASSISTANCE.—If the 

10 Secretary determines, after a review or audit of the 

11 records of the domestic user, that economic adjust12 ment assistance under this subsection was not used 

13 for the purposes specified in paragraph (3), the do14 mestic user shall be— 

15 (A) liable for the repayment of the assist16 ance to the Secretary, plus interest, as deter17 mined by the Secretary; and 

18 (B) ineligible to receive assistance under 

19 this subsection for a period of 1 year following 

20 the determination of the Secretary. 

21 SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA 

22 LONG STAPLE COTTON. 

23 (a) COMPETITIVENESS PROGRAM.—Notwithstanding 

24 any other provision of law, during the period beginning 


rfrederick on DSK6VPTVN1PROD with BILLS
689 

•HR 1947 RH

1 on the date of enactment of this Act through July 31, 

2 2019, the Secretary shall carry out a program— 

3 (1) to maintain and expand the domestic use of 

4 extra long staple cotton produced in the United 

5 States; 

6 (2) to increase exports of extra long staple cot7 ton produced in the United States; and 

8 (3) to ensure that extra long staple cotton pro9 duced in the United States remains competitive in 

10 world markets. 

11 (b) PAYMENTS UNDER PROGRAM; TRIGGER.—Under 

12 the program, the Secretary shall make payments available 

13 under this section whenever— 

14 (1) for a consecutive 4-week period, the world 

15 market price for the lowest priced competing growth 

16 of extra long staple cotton (adjusted to United 

17 States quality and location and for other factors af18 fecting the competitiveness of such cotton), as deter19 mined by the Secretary, is below the prevailing 

20 United States price for a competing growth of extra 

21 long staple cotton; and 

22 (2) the lowest priced competing growth of extra 

23 long staple cotton (adjusted to United States quality 

24 and location and for other factors affecting the com25 petitiveness of such cotton), as determined by the 


rfrederick on DSK6VPTVN1PROD with BILLS
690 

•HR 1947 RH

1 Secretary, is less than 134 percent of the loan rate 

2 for extra long staple cotton. 

3 (c) ELIGIBLE RECIPIENTS.—The Secretary shall 

4 make payments available under this section to domestic 

5 users of extra long staple cotton produced in the United 

6 States and exporters of extra long staple cotton produced 

7 in the United States that enter into an agreement with 

8 the Commodity Credit Corporation to participate in the 

9 program under this section. 

10 (d) PAYMENT AMOUNT.—Payments under this sec11 tion shall be based on the amount of the difference in the 

12 prices referred to in subsection (b)(1) during the fourth 

13 week of the consecutive 4-week period multiplied by the 

14 amount of documented purchases by domestic users and 

15 sales for export by exporters made in the week following 

16 such a consecutive 4-week period. 

17 SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH 

18 MOISTURE FEED GRAINS AND SEED COTTON. 

19 (a) HIGH MOISTURE FEED GRAINS.— 

20 (1) DEFINITION OF HIGH MOISTURE STATE.— 

21 In this subsection, the term ‘‘high moisture state’’ 

22 means corn or grain sorghum having a moisture con23 tent in excess of Commodity Credit Corporation 

24 standards for marketing assistance loans made by 

25 the Secretary under section 1201. 


rfrederick on DSK6VPTVN1PROD with BILLS
691 

•HR 1947 RH

1 (2) RECOURSE LOANS AVAILABLE.—For each of 

2 the 2014 through 2018 crops of corn and grain sor3 ghum, the Secretary shall make available recourse 

4 loans, as determined by the Secretary, to producers 

5 on a farm that— 

6 (A) normally harvest all or a portion of 

7 their crop of corn or grain sorghum in a high 

8 moisture state; 

9 (B) present— 

10 (i) certified scale tickets from an in11 spected, certified commercial scale, includ12 ing a licensed warehouse, feedlot, feed mill, 

13 distillery, or other similar entity approved 

14 by the Secretary, pursuant to regulations 

15 issued by the Secretary; or 

16 (ii) field or other physical measure17 ments of the standing or stored crop in re18 gions of the United States, as determined 

19 by the Secretary, that do not have certified 

20 commercial scales from which certified 

21 scale tickets may be obtained within rea22 sonable proximity of harvest operation; 

23 (C) certify that the producers on the farm 

24 were the owners of the feed grain at the time 

25 of delivery to, and that the quantity to be 


rfrederick on DSK6VPTVN1PROD with BILLS
692 

•HR 1947 RH

1 placed under loan under this subsection was in 

2 fact harvested on the farm and delivered to, a 

3 feedlot, feed mill, or commercial or on-farm 

4 high-moisture storage facility, or to a facility 

5 maintained by the users of corn and grain sor6 ghum in a high moisture state; and 

7 (D) comply with deadlines established by 

8 the Secretary for harvesting the corn or grain 

9 sorghum and submit applications for loans 

10 under this subsection within deadlines estab11 lished by the Secretary. 

12 (3) ELIGIBILITY OF ACQUIRED FEED GRAINS.— 

13 A loan under this subsection shall be made on a 

14 quantity of corn or grain sorghum of the same crop 

15 acquired by the producer equivalent to a quantity 

16 determined by multiplying— 

17 (A) the acreage of the corn or grain sor18 ghum in a high moisture state harvested on the 

19 farm of the producer; by 

20 (B) the lower of the farm program pay21 ment yield used to make payments under sub22 title A or the actual yield on a field, as deter23 mined by the Secretary, that is similar to the 

24 field from which the corn or grain sorghum was 

25 obtained. 


rfrederick on DSK6VPTVN1PROD with BILLS
693 

•HR 1947 RH

1 (b) RECOURSE LOANS AVAILABLE FOR SEED COT2 TON.—For each of the 2014 through 2018 crops of upland 

3 cotton and extra long staple cotton, the Secretary shall 

4 make available recourse seed cotton loans, as determined 

5 by the Secretary, on any production. 

6 (c) REPAYMENT RATES.—Repayment of a recourse 

7 loan made under this section shall be at the loan rate es8 tablished for the commodity by the Secretary, plus interest 

9 (determined in accordance with section 163 of the Federal 

10 Agriculture Improvement and Reform Act of 1996 (7 

11 U.S.C. 7283)). 

12 SEC. 1210. ADJUSTMENTS OF LOANS. 

13 (a) ADJUSTMENT AUTHORITY.—Subject to sub14 section (e), the Secretary may make appropriate adjust15 ments in the loan rates for any loan commodity (other 

16 than cotton) for differences in grade, type, quality, loca17 tion, and other factors. 

18 (b) MANNER OF ADJUSTMENT.—The adjustments 

19 under subsection (a) shall, to the maximum extent prac20 ticable, be made in such a manner that the average loan 

21 level for the commodity will, on the basis of the anticipated 

22 incidence of the factors, be equal to the level of support 

23 determined in accordance with this subtitle and subtitle 

24 C. 

25 (c) ADJUSTMENT ON COUNTY BASIS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
694 

•HR 1947 RH

1 (1) IN GENERAL.—The Secretary may establish 

2 loan rates for a crop for producers in individual 

3 counties in a manner that results in the lowest loan 

4 rate being 95 percent of the national average loan 

5 rate, if those loan rates do not result in an increase 

6 in outlays. 

7 (2) PROHIBITION.—Adjustments under this 

8 subsection shall not result in an increase in the na9 tional average loan rate for any year. 

10 (d) ADJUSTMENT IN LOAN RATE FOR COTTON.— 

11 (1) IN GENERAL.—The Secretary may make 

12 appropriate adjustments in the loan rate for cotton 

13 for differences in quality factors. 

14 (2) TYPES OF ADJUSTMENTS.—Loan rate ad15 justments under paragraph (1) may include— 

16 (A) the use of non-spot market price data, 

17 in addition to spot market price data, that 

18 would enhance the accuracy of the price infor19 mation used in determining quality adjustments 

20 under this subsection; 

21 (B) adjustments in the premiums or dis22 counts associated with upland cotton with a sta23 ple length of 33 or above due to micronaire 

24 with the goal of eliminating any unnecessary arVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
695 

•HR 1947 RH

1 tificial splits in the calculations of the pre2 miums or discounts; and 

3 (C) such other adjustments as the Sec4 retary determines appropriate, after consulta5 tions conducted in accordance with paragraph 

6 (3). 

7 (3) CONSULTATION WITH PRIVATE SECTOR.— 

8 (A) PRIOR TO REVISION.—In making ad9 justments to the loan rate for cotton (including 

10 any review of the adjustments) as provided in 

11 this subsection, the Secretary shall consult with 

12 representatives of the United States cotton in13 dustry. 

14 (B) INAPPLICABILITY OF FEDERAL ADVI15 SORY COMMITTEE ACT.—The Federal Advisory 

16 Committee Act (5 U.S.C. App.) shall not apply 

17 to consultations under this subsection. 

18 (4) REVIEW OF ADJUSTMENTS.—The Secretary 

19 may review the operation of the upland cotton qual20 ity adjustments implemented pursuant to this sub21 section and may make further adjustments to the 

22 administration of the loan program for upland cot23 ton, by revoking or revising any adjustment taken 

24 under paragraph (2). 


rfrederick on DSK6VPTVN1PROD with BILLS
696 

•HR 1947 RH

1 (e) RICE.—The Secretary shall not make adjust2 ments in the loan rates for long grain rice and medium 

3 grain rice, except for differences in grade and quality (in4 cluding milling yields). 

5 Subtitle C—Sugar 

6 SEC. 1301. SUGAR PROGRAM. 

7 (a) CONTINUATION OF CURRENT PROGRAM AND

8 LOAN RATES.— 

9 (1) SUGARCANE.—Section 156(a)(5) of the 

10 Federal Agriculture Improvement and Reform Act of 

11 1996 (7 U.S.C. 7272(a)(5)) is amended by striking 

12 ‘‘the 2012 crop year’’ and inserting ‘‘each of the 

13 2012 through 2018 crop years’’. 

14 (2) SUGAR BEETS.—Section 156(b)(2) of the 

15 Federal Agriculture Improvement and Reform Act of 

16 1996 (7 U.S.C. 7272(b)(2)) is amended by striking 

17 ‘‘2012’’ and inserting ‘‘2018’’. 

18 (3) EFFECTIVE PERIOD.—Section 156(i) of the 

19 Federal Agriculture Improvement and Reform Act of 

20 1996 (7 U.S.C. 7272(i)) is amended by striking 

21 ‘‘2012’’ and inserting ‘‘2018’’. 

22 (b) FLEXIBLE MARKETING ALLOTMENTS FOR

23 SUGAR.— 

24 (1) SUGAR ESTIMATES.—Section 359b(a)(1) of 

25 the Agricultural Adjustment Act of 1938 (7 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
697 

•HR 1947 RH

1 1359bb(a)(1)) is amended by striking ‘‘2012’’ and 

2 inserting ‘‘2018’’. 

3 (2) EFFECTIVE PERIOD.—Section 359l(a) of 

4 the Agricultural Adjustment Act of 1938 (7 U.S.C. 

5 1359ll(a)) is amended by striking ‘‘2012’’ and in6 serting ‘‘2018’’. 

7 Subtitle D—Dairy 

8 PART I—DAIRY PRODUCER MARGIN PROTECTION 

9 AND DAIRY MARKET STABILIZATION PROGRAMS 

10 SEC. 1401. DEFINITIONS. 

11 In this part: 

12 (1) ACTUAL DAIRY PRODUCER MARGIN.—The 

13 term ‘‘actual dairy producer margin’’ means the dif14 ference between the all-milk price and the average 

15 feed cost, as calculated under section 1402. 

16 (2) ALL-MILK PRICE.—The term ‘‘all-milk 

17 price’’ means the average price received, per hun18 dredweight of milk, by dairy producers for all milk 

19 sold to plants and dealers in the United States, as 

20 determined by the Secretary. 

21 (3) ANNUAL PRODUCTION HISTORY.—The term 

22 ‘‘annual production history’’ means the production 

23 history determined for a participating dairy producer 

24 under section 1413(b) whenever the dairy producer 

25 purchases supplemental margin protection. 


rfrederick on DSK6VPTVN1PROD with BILLS
698 

•HR 1947 RH

1 (4) AVERAGE FEED COST.—The term ‘‘average 

2 feed cost’’ means the average cost of feed used by 

3 a dairy operation to produce a hundredweight of 

4 milk, determined under section 1402 using the sum 

5 of the following: 

6 (A) The product determined by multiplying 

7 1.0728 by the price of corn per bushel. 

8 (B) The product determined by multiplying 

9 0.00735 by the price of soybean meal per ton. 

10 (C) The product determined by multiplying 

11 0.0137 by the price of alfalfa hay per ton. 

12 (5) BASIC PRODUCTION HISTORY.—The term 

13 ‘‘basic production history’’ means the production 

14 history determined for a participating dairy producer 

15 under section 1413(a) for provision of basic margin 

16 protection. 

17 (6) CONSECUTIVE TWO-MONTH PERIOD.—The 

18 term ‘‘consecutive two-month period’’ refers to the 

19 two-month period consisting of the months of Janu20 ary and February, March and April, May and June, 

21 July and August, September and October, or No22 vember and December, respectively. 

23 (7) DAIRY PRODUCER.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), the term ‘‘dairy producer’’ means an 


rfrederick on DSK6VPTVN1PROD with BILLS
699 

•HR 1947 RH

1 individual or entity that directly or indirectly 

2 (as determined by the Secretary)— 

3 (i) shares in the risk of producing 

4 milk; and 

5 (ii) makes contributions (including 

6 land, labor, management, equipment, or 

7 capital) to the dairy operation of the indi8 vidual or entity that are at least commen9 surate with the share of the individual or 

10 entity of the proceeds of the operation. 

11 (B) ADDITIONAL OWNERSHIP STRUC12 TURES.—The Secretary shall determine addi13 tional ownership structures to be covered by the 

14 definition of dairy producer. 

15 (8) HANDLER.— 

16 (A) IN GENERAL.—The term ‘‘handler’’ 

17 means the initial individual or entity making 

18 payment to a dairy producer for milk produced 

19 in the United States and marketed for commer20 cial use. 

21 (B) PRODUCER-HANDLER.—The term in22 cludes a ‘‘producer-handler’’ when the producer 

23 satisfies the definition in subparagraph (A). 

24 (9) MARGIN PROTECTION PROGRAM.—The term 

25 ‘‘margin protection program’’ means the dairy proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
700 

•HR 1947 RH

1 ducer margin protection program required by sub2 part A. 

3 (10) PARTICIPATING DAIRY PRODUCER.—The 

4 term ‘‘participating dairy producer’’ means a dairy 

5 producer that— 

6 (A) signs up under section 1412 to partici7 pate in the margin protection program under 

8 subpart A; and 

9 (B) as a result, also participates in the sta10 bilization program under subpart B. 

11 (11) STABILIZATION PROGRAM.—The term 

12 ‘‘stabilization program’’ means the dairy market sta13 bilization program required by subpart B for all par14 ticipating dairy producers. 

15 (12) STABILIZATION PROGRAM BASE.—The 

16 term ‘‘stabilization program base’’, with respect to a 

17 participating dairy producer, means the stabilization 

18 program base calculated for the producer under sec19 tion 1431(b). 

20 (13) UNITED STATES.—The term ‘‘United 

21 States’’, in a geographical sense, means the 50 

22 States, the District of Columbia, American Samoa, 

23 Guam, the Commonwealth of the Northern Mariana 

24 Islands, the Commonwealth of Puerto Rico, the VirVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
701 

•HR 1947 RH

1 gin Islands of the United States, and any other ter2 ritory or possession of the United States. 

3 SEC. 1402. CALCULATION OF AVERAGE FEED COST AND AC4 TUAL DAIRY PRODUCER MARGINS. 

5 (a) CALCULATION OF AVERAGE FEED COST.—The 

6 Secretary shall calculate the national average feed cost for 

7 each month using the following data: 

8 (1) The price of corn for a month shall be the 

9 price received during that month by farmers in the 

10 United States for corn, as reported in the monthly 

11 Agricultural Prices report by the Secretary. 

12 (2) The price of soybean meal for a month shall 

13 be the central Illinois price for soybean meal, as re14 ported in the Market News-Monthly Soybean Meal 

15 Price Report by the Secretary. 

16 (3) The price of alfalfa hay for a month shall 

17 be the price received during that month by farmers 

18 in the United States for alfalfa hay, as reported in 

19 the monthly Agricultural Prices report by the Sec20 retary. 

21 (b) CALCULATION OF ACTUAL DAIRY PRODUCER

22 MARGINS.— 

23 (1) MARGIN PROTECTION PROGRAM.—For use 

24 in the margin protection program under subpart A, 

25 the Secretary shall calculate the actual dairy proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
702 

•HR 1947 RH

1 ducer margin for each consecutive two-month period 

2 by subtracting— 

3 (A) the average feed cost for that consecu4 tive two-month period, determined in accord5 ance with subsection (a); from 

6 (B) the all-milk price for that consecutive 

7 two-month period. 

8 (2) STABILIZATION PROGRAM.—For use in the 

9 stabilization program under subpart B, the Sec10 retary shall calculate each month the actual dairy 

11 producer margin for the preceding month by sub12 tracting— 

13 (A) the average feed cost for that pre14 ceding month, determined in accordance with 

15 subsection (a); from 

16 (B) the all-milk price for that preceding 

17 month. 

18 (3) TIME FOR CALCULATIONS.—The calcula19 tions required by paragraphs (1) and (2) shall be 

20 made as soon as practicable each month using the 

21 full month price of the applicable reference month, 

22 but in no case shall the calculation be made later 

23 than the last business day of the month. 


rfrederick on DSK6VPTVN1PROD with BILLS
703 

•HR 1947 RH

1 Subpart A—Dairy Producer Margin Protection 

2 Program 

3 SEC. 1411. ESTABLISHMENT OF DAIRY PRODUCER MARGIN 

4 PROTECTION PROGRAM. 

5 The Secretary shall establish and administer a dairy 

6 producer margin protection program for the purpose of 

7 protecting dairy producer income by paying participating 

8 dairy producers— 

9 (1) basic margin protection payments when ac10 tual dairy producer margins are less than the 

11 threshold levels for such payments; and 

12 (2) supplemental margin protection payments if 

13 purchased by a participating dairy producer. 

14 SEC. 1412. PARTICIPATION OF DAIRY PRODUCERS IN MAR15 GIN PROTECTION PROGRAM. 

16 (a) ELIGIBILITY.—All dairy producers in the United 

17 States are eligible to participate in the margin protection 

18 program, except that a dairy producer must sign up with 

19 the Secretary before the producer may receive— 

20 (1) basic margin protection payments under 

21 section 1414; and 

22 (2) if the dairy producer purchases supple23 mental margin protection under section 1415, sup24 plemental margin protection payments under such 

25 section. 

26 (b) SIGN-UP PROCESS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
704 

•HR 1947 RH

1 (1) IN GENERAL.—The Secretary shall allow all 

2 interested dairy producers to sign up to participate 

3 in the margin protection program. The Secretary 

4 shall specify the manner and form by which a dairy 

5 producer must sign up to participate in the margin 

6 protection program. 

7 (2) TREATMENT OF MULTI-PRODUCER OPER8 ATIONS.—If a dairy operation consists of more than 

9 one dairy producer, all of the dairy producers of the 

10 operation shall be treated as a single dairy producer 

11 for purposes of— 

12 (A) registration to receive basic margin 

13 protection and purchase supplemental margin 

14 protection; 

15 (B) payment of the administrative fee 

16 under subsection (e) and producer premiums 

17 under section 1415; and 

18 (C) participation in the stabilization pro19 gram under subpart B. 

20 (3) TREATMENT OF PRODUCERS WITH MUL21 TIPLE DAIRY OPERATIONS.—If a dairy producer op22 erates two or more dairy operations, each dairy op23 eration of the producer shall require a separate reg24 istration to receive basic margin protection and pur25 chase supplemental margin protection. Only those 


rfrederick on DSK6VPTVN1PROD with BILLS
705 

•HR 1947 RH

1 dairy operations so registered shall be subject to the 

2 stabilization program. 

3 (c) TIME FOR SIGN UP.— 

4 (1) EXISTING DAIRY PRODUCERS.—During the 

5 one-year period beginning on the date of the initi6 ation of the sign-up period for the margin protection 

7 program, a dairy producer that is actively engaged 

8 in a dairy operation as of such date may sign up 

9 with the Secretary— 

10 (A) to receive basic margin protection; and 

11 (B) if the producer elects, to purchase sup12 plemental margin protection. 

13 (2) NEW ENTRANTS.—A dairy producer that 

14 has no existing interest in a dairy operation as of 

15 the date of the initiation of the sign-up period for 

16 the margin protection program, but that, after such 

17 date, establishes a new dairy operation, may sign up 

18 with the Secretary during the one year period begin19 ning on the date on which the dairy operation first 

20 markets milk commercially— 

21 (A) to receive basic margin protection; and 

22 (B) if the producer elects, to purchase sup23 plemental margin protection. 

24 (d) RETROACTIVITY PROVISION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
706 

•HR 1947 RH

1 (1) NOTICE OF AVAILABILITY OF RETROACTIVE

2 PROTECTION.—Not later than 30 days after the ef3 fective date of this subtitle, the Secretary shall pub4 lish a notice in the Federal Register to inform dairy 

5 producers of the availability of retroactive basic mar6 gin protection and retroactive supplemental margin 

7 protection, subject to the condition that interested 

8 producers must file a notice of intent (in such form 

9 and manner as the Secretary specifies in the Federal 

10 Register notice)— 

11 (A) to participate in the margin protection 

12 program and receive basic margin protection; 

13 and 

14 (B) at the election of the producer under 

15 paragraph (3), to also obtain supplemental 

16 margin protection. 

17 (2) RETROACTIVE BASIC MARGIN PROTEC18 TION.— 

19 (A) AVAILABILITY.—If a dairy producer 

20 files a notice of intent under paragraph (1) to 

21 participate in the margin protection program 

22 before the initiation of the sign-up period for 

23 the margin protection program and subse24 quently signs up for the margin protection pro25 gram, the producer shall receive basic margin 


rfrederick on DSK6VPTVN1PROD with BILLS
707 

•HR 1947 RH

1 protection retroactive to the effective date of 

2 this subtitle. 

3 (B) DURATION.—Retroactive basic margin 

4 protection under this paragraph for a dairy pro5 ducer shall apply from the effective date of this 

6 subtitle until the date on which the producer 

7 signs up for the margin protection program. 

8 (3) RETROACTIVE SUPPLEMENTAL MARGIN

9 PROTECTION.— 

10 (A) AVAILABILITY.—Subject to subpara11 graphs (B) and (C), if a dairy producer files a 

12 notice of intent under paragraph (1) to partici13 pate in the margin protection program and ob14 tain supplemental margin protection and subse15 quently signs up for the margin protection pro16 gram, the producer shall receive supplemental 

17 margin protection, in addition to the basic mar18 gin protection under paragraph (2), retroactive 

19 to the effective date of this subtitle. 

20 (B) DEADLINE FOR SUBMISSION.—A no21 tice of intent to obtain retroactive supplemental 

22 margin protection must be filed with the Sec23 retary no later than the earlier of the following: 

24 (i) 150 days after the date on which 

25 the Secretary publishes the notice in the 


rfrederick on DSK6VPTVN1PROD with BILLS
708 

•HR 1947 RH

1 Federal Register required by paragraph 

2 (1). 

3 (ii) The date on which the Secretary 

4 initiates the sign up period for the margin 

5 protection program. 

6 (C) ELECTION OF COVERAGE LEVEL AND

7 PERCENTAGE OF COVERAGE.—To be sufficient 

8 to obtain retroactive supplemental margin pro9 tection, the notice of intent to participate filed 

10 by a dairy producer must specify— 

11 (i) a selected coverage level that is 

12 higher, in any increment of $0.50, than the 

13 payment threshold for basic margin protec14 tion specified in section 1414(b), but not 

15 to exceed $6.00; and 

16 (ii) the percentage of coverage, subject 

17 to limits imposed in section 1415(c). 

18 (D) DURATION.—The coverage level and 

19 percentage specified in the notice of intent to 

20 participate filed by a dairy producer shall apply 

21 from the effective date of this subtitle until the 

22 later of the following: 

23 (i) October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
709 

•HR 1947 RH

1 (ii) The date on which the Secretary 

2 initiates the sign-up period for the margin 

3 protection program. 

4 (4) NOTICE OF INTENT AND OBLIGATION TO

5 PARTICIPATE IN MARGIN PROTECTION PROGRAM.— 

6 In no way does filing a notice of intent under this 

7 subsection obligate a dairy producer to sign up for 

8 the margin protection program once the program 

9 rules are final, but if a producer does file a notice 

10 of intent and subsequently signs up for the margin 

11 protection program, that dairy producer is obligated 

12 to pay fees and premiums for any retroactive basic 

13 margin protection or retroactive supplemental mar14 gin protection selected in the notice of intent. 

15 (e) ADMINISTRATIVE FEE.— 

16 (1) ADMINISTRATIVE FEE REQUIRED.—A dairy 

17 producer shall pay an administrative fee under this 

18 subsection to sign up to participate in the margin 

19 protection program. The participating dairy pro20 ducer shall pay the administrative fee annually 

21 thereafter to continue to participate in the margin 

22 protection program. 

23 (2) FEE AMOUNT.—The administrative fee for 

24 a participating dairy producer for a calendar year is 

25 based on the pounds of milk (in millions) marketed 


rfrederick on DSK6VPTVN1PROD with BILLS
710 

•HR 1947 RH

1 by the dairy producer in the previous calendar year, 

2 as follows: 

Pounds Marketed (in millions) Admin. Fee 

less than 1 $100 

1 to 10 $250 

more than 10 to 40 $500 

more than 40 $1000 

3 (3) DEPOSIT OF FEES.—All administrative fees 

4 collected under this subsection shall be credited to 

5 the fund or account used to cover the costs incurred 

6 to administer the margin protection program and 

7 the stabilization program and shall be available to 

8 the Secretary, without further appropriation and 

9 until expended, for use or transfer as provided in 

10 paragraph (4). 

11 (4) USE OF FEES.—The Secretary shall use ad12 ministrative fees collected under this subsection— 

13 (A) to cover administrative costs of the 

14 margin protection program and stabilization 

15 program; and 

16 (B) to the extent funds remain available 

17 after operation of subparagraphs (A), to cover 

18 costs of the Department of Agriculture relating 

19 to reporting of dairy market news and to carry 

20 out section 273 of the Agricultural Marketing 

21 Act of 1946 (7 U.S.C. 1637b). 


rfrederick on DSK6VPTVN1PROD with BILLS
711 

•HR 1947 RH

1 (f) RECONSTITUTION.—The Secretary shall prohibit 

2 a dairy producer from reconstituting a dairy operation for 

3 the sole purpose of the dairy producer— 

4 (1) receiving basic margin protection; 

5 (2) purchasing supplemental margin protection; 

6 or 

7 (3) avoiding participation in the stabilization 

8 program. 

9 (g) PRIORITY CONSIDERATION.—A dairy operation 

10 that participates in the margin protection program shall 

11 be eligible to participate in the livestock gross margin for 

12 dairy program under the Federal Crop Insurance Act (7 

13 U.S.C. 1501 et seq.) only after operations that are not 

14 participating in the production margin protection program 

15 are enrolled. 

16 SEC. 1413. PRODUCTION HISTORY OF PARTICIPATING 

17 DAIRY PRODUCERS. 

18 (a) PRODUCTION HISTORY FOR BASIC MARGIN PRO19 TECTION.— 

20 (1) DETERMINATION REQUIRED.—For purposes 

21 of providing basic margin protection, the Secretary 

22 shall determine the basic production history of the 

23 dairy operation of each participating dairy producer 

24 in the margin protection program. 


rfrederick on DSK6VPTVN1PROD with BILLS
712 

•HR 1947 RH

1 (2) CALCULATION.—Except as provided in 

2 paragraph (3), the basic production history of a par3 ticipating dairy producer for basic margin protection 

4 is equal to the highest annual milk marketings of 

5 the dairy producer during any one of the three cal6 endar years immediately preceding the calendar year 

7 in which the dairy producer first signed up to par8 ticipate in the margin protection program. 

9 (3) ELECTION BY NEW PRODUCERS.—If a par10 ticipating dairy producer has been in operation for 

11 less than a year, the dairy producer shall elect one 

12 of the following methods for the Secretary to deter13 mine the basic production history of the dairy pro14 ducer: 

15 (A) The volume of the actual milk mar16 ketings for the months the dairy producer has 

17 been in operation extrapolated to a yearly 

18 amount. 

19 (B) An estimate of the actual milk mar20 ketings of the dairy producer based on the herd 

21 size of the producer relative to the national roll22 ing herd average data published by the Sec23 retary. 

24 (4) NO CHANGE IN PRODUCTION HISTORY FOR

25 BASIC MARGIN PROTECTION.—Once the basic proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
713 

•HR 1947 RH

1 duction history of a participating dairy producer is 

2 determined under paragraph (2) or (3), the basic 

3 production history shall not be subsequently changed 

4 for purposes of determining the amount of any basic 

5 margin protection payments for the dairy producer 

6 made under section 1414. 

7 (b) ANNUAL PRODUCTION HISTORY FOR SUPPLE8 MENTAL MARGIN PROTECTION.— 

9 (1) DETERMINATION REQUIRED.—For purposes 

10 of providing supplemental margin protection for a 

11 participating dairy producer that purchases supple12 mental margin protection for a year under section 

13 1415, the Secretary shall determine the annual pro14 duction history of the dairy operation of the dairy 

15 producer under paragraph (2). 

16 (2) CALCULATION.—The annual production his17 tory of a participating dairy producer for a year is 

18 equal to the actual milk marketings of the dairy pro19 ducer during the preceding calendar year. 

20 (3) NEW PRODUCERS.—Subsection (a)(3) shall 

21 apply with respect to determining the annual pro22 duction history of a participating dairy producer 

23 that has been in operation for less than a year. 


rfrederick on DSK6VPTVN1PROD with BILLS
714 

•HR 1947 RH

1 (c) REQUIRED INFORMATION.—A participating dairy 

2 producer shall provide all information that the Secretary 

3 may require in order to establish— 

4 (1) the basic production history of the dairy op5 eration of the dairy producer under subsection (a); 

6 and 

7 (2) the production history of the dairy oper8 ation of the dairy producer whenever the producer 

9 purchases supplemental margin protection under 

10 section 1415. 

11 (d) TRANSFER OF PRODUCTION HISTORIES.— 

12 (1) TRANSFER BY SALE OR LEASE.—In promul13 gating the rules to initiate the margin protection 

14 program, the Secretary shall specify the conditions 

15 under which and the manner by which the produc16 tion history of a dairy operation may be transferred 

17 by sale or lease. 

18 (2) COVERAGE LEVEL.— 

19 (A) BASIC MARGIN PROTECTION.—A pur20 chaser or lessee to whom the Secretary trans21 fers a basic production history under this sub22 section shall not obtain a different level of basic 

23 margin protection than the basic margin protec24 tion coverage held by the seller or lessor from 

25 whom the transfer was obtained. 


rfrederick on DSK6VPTVN1PROD with BILLS
715 

•HR 1947 RH

1 (B) SUPPLEMENTAL MARGIN PROTEC2 TION.—A purchaser or lessee to whom the Sec3 retary transfers an annual production history 

4 under this subsection shall not obtain a dif5 ferent level of supplemental margin protection 

6 coverage than the supplemental margin protec7 tion coverage in effect for the seller or lessor 

8 from whom the transfer was obtained for the 

9 calendar year in which the transfer was made. 

10 (e) MOVEMENT AND TRANSFER OF PRODUCTION

11 HISTORY.— 

12 (1) MOVEMENT AND TRANSFER AUTHOR13 IZED.—Subject to paragraph (2), if a dairy producer 

14 moves from one location to another location, the 

15 dairy producer may maintain the basic production 

16 history and annual production history associated 

17 with the operation. 

18 (2) NOTIFICATION REQUIREMENT.—A dairy 

19 producer shall notify the Secretary of any move of 

20 a dairy operation under paragraph (1). 

21 (3) SUBSEQUENT OCCUPATION OF VACATED LO22 CATION.—A party subsequently occupying a dairy 

23 operation location vacated as described in paragraph 

24 (1) shall have no interest in the basic production 


rfrederick on DSK6VPTVN1PROD with BILLS
716 

•HR 1947 RH

1 history or annual production history previously asso2 ciated with the operation at such location. 

3 SEC. 1414. BASIC MARGIN PROTECTION. 

4 (a) ELIGIBILITY.—All participating dairy producers 

5 are eligible to receive basic margin protection under the 

6 margin protection program. 

7 (b) PAYMENT THRESHOLD.—Participating dairy pro8 ducers shall receive a basic margin protection payment 

9 whenever the average actual dairy producer margin for a 

10 consecutive two-month period is less than $4.00 per hun11 dredweight of milk. 

12 (c) BASIC MARGIN PROTECTION PAYMENT.— 

13 (1) PAYMENT REQUIRED.—The Secretary shall 

14 make a basic margin protection payment to each 

15 participating dairy producer whenever such a pay16 ment is required by subsection (b). 

17 (2) AMOUNT OF PAYMENT.—The basic margin 

18 protection payment for the dairy operation of a par19 ticipating dairy producer for a consecutive two20 month period shall be determined as follows: 

21 (A) The Secretary shall calculate the dif22 ference between the average actual dairy pro23 ducer margin for the consecutive two-month pe24 riod and $4.00, except that, if the difference is 

25 more than $4.00, the Secretary shall use $4.00. 


rfrederick on DSK6VPTVN1PROD with BILLS
717 

•HR 1947 RH

1 (B) The Secretary shall multiply the 

2 amount under subparagraph (A) by the lesser 

3 of the following: 

4 (i) 80 percent of the production his5 tory of the dairy producer, divided by six. 

6 (ii) The actual amount of milk mar7 keted by the dairy operation of the dairy 

8 producer during the consecutive two-month 

9 period. 

10 SEC. 1415. SUPPLEMENTAL MARGIN PROTECTION. 

11 (a) ELECTION OF SUPPLEMENTAL MARGIN PROTEC12 TION.—Supplemental margin protection is available only 

13 on an annual basis. A participating dairy producer may 

14 annually purchase supplemental margin protection to pro15 tect, during the calendar year for which purchased, a high16 er level of the income of a participating dairy producer 

17 than the income level guaranteed by basic margin protec18 tion under section 1414. 

19 (b) SELECTION OF PAYMENT THRESHOLD.—A par20 ticipating dairy producer purchasing supplemental margin 

21 protection for a year shall elect a coverage level that is 

22 higher, in any increment of $0.50, than the payment 

23 threshold for basic margin protection specified in section 

24 1414(b), but not to exceed $8.00. 


rfrederick on DSK6VPTVN1PROD with BILLS
718 

•HR 1947 RH

1 (c) SELECTION OF COVERAGE PERCENTAGE.—A par2 ticipating dairy producer purchasing supplemental margin 

3 protection for a year shall elect a percentage of coverage 

4 equal to not more than 90 percent, nor less than 25 per5 cent, of the annual production history of the dairy oper6 ation of the participating dairy producer. 

7 (d) PRODUCER PREMIUMS FOR SUPPLEMENTAL

8 MARGIN PROTECTION.— 

9 (1) PREMIUMS REQUIRED.—A participating 

10 dairy producer that purchases supplemental margin 

11 protection shall pay an annual premium equal to the 

12 product obtained by multiplying— 

13 (A) the percentage selected by the dairy 

14 producer under subsection (c); 

15 (B) the annual production history of the 

16 dairy producer; and 

17 (C) the premium per hundredweight of 

18 milk, as specified in the applicable table under 

19 paragraph (2) or (3). 

20 (2) PREMIUM PER HUNDREDWEIGHT FOR FIRST

21 4 MILLION POUNDS OF PRODUCTION.—For the first 

22 4,000,000 pounds of milk marketings included in 

23 the annual production history of a participating 

24 dairy producer, the premium per hundredweight corVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
719 

•HR 1947 RH

1 responding to each coverage level specified in the fol2 lowing table is as follows: 

Coverage Level Premium per Cwt. 

$4.50 $0.01 

$5.00 $0.025 

$5.50 $0.04 

$6.00 $0.065 

$6.50 $0.09 

$7.00 $0.434 

$7.50 $0.590 

$8.00 $0.922 

3 (3) PREMIUM PER HUNDREDWEIGHT FOR PRO4 DUCTION IN EXCESS OF 4 MILLION POUNDS.—For 

5 milk marketings in excess of 4,000,000 pounds in6 cluded in the annual production history of a partici7 pating dairy producer, the premium per hundred8 weight corresponding to each coverage level is as fol9 lows: 

Coverage Level Premium per Cwt. 

$4.50 $0.015 

$5.00 $0.036 

$5.50 $0.081 

$6.00 $0.155 

$6.50 $0.230 

$7.00 $0.434 

$7.50 $0.590 

$8.00 $0.922 

10 (4) TIME FOR PAYMENT.—In promulgating the 

11 rules to initiate the margin protection program, the 

12 Secretary shall provide more than one method by 

13 which a participating dairy producer that purchases 

14 supplemental margin protection for a calendar year 


rfrederick on DSK6VPTVN1PROD with BILLS
720 

•HR 1947 RH

1 may pay the premium under this subsection for that 

2 year that maximizes producer payment flexibility 

3 and program integrity. 

4 (e) PRODUCER’S PREMIUM OBLIGATIONS.— 

5 (1) PRO-RATION OF PREMIUM FOR NEW PRO6 DUCERS.—A dairy producer described in section 

7 1412(c)(2) that purchases supplemental margin pro8 tection for a calendar year after the start of the cal9 endar year shall pay a pro-rated premium for that 

10 calendar year based on the portion of the calendar 

11 year for which the producer purchases the coverage. 

12 (2) LEGAL OBLIGATION.—A participating dairy 

13 producer that purchases supplemental margin pro14 tection for a calendar year shall be legally obligated 

15 to pay the applicable premium for that calendar 

16 year, except that, if the dairy producer retires, the 

17 producer may request that Secretary cancel the sup18 plemental margin protection if the producer has ter19 minated the dairy operation entirely and certifies 

20 under oath that the producer will not be actively en21 gaged in any dairy operation for at least the next 

22 seven years. 

23 (f) SUPPLEMENTAL PAYMENT THRESHOLD.—A par24 ticipating dairy producer with supplemental margin pro25 tection shall receive a supplemental margin protection 


rfrederick on DSK6VPTVN1PROD with BILLS
721 

•HR 1947 RH

1 payment whenever the average actual dairy producer mar2 gin for a consecutive two-month period is less than the 

3 coverage level threshold selected by the dairy producer 

4 under subsection (b). 

5 (g) SUPPLEMENTAL MARGIN PROTECTION PAY6 MENTS.— 

7 (1) IN GENERAL.—The supplemental margin 

8 protection payment for a participating dairy pro9 ducer is in addition to the basic margin protection 

10 payment. 

11 (2) AMOUNT OF PAYMENT.—The supplemental 

12 margin protection payment for the dairy operation 

13 of a participating dairy producer shall be determined 

14 as follows: 

15 (A) The Secretary shall calculate the dif16 ference between the coverage level threshold se17 lected by the dairy producer under subsection 

18 (b) and the greater of— 

19 (i) the average actual dairy producer 

20 margin for the consecutive two-month pe21 riod; or 

22 (ii) $4.00. 

23 (B) The amount determined under sub24 paragraph (A) shall be multiplied by the per25 centage selected by the participating dairy proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
722 

•HR 1947 RH

1 ducer under subsection (c) and by the lesser of 

2 the following: 

3 (i) The annual production history of 

4 the dairy operation of the dairy producer, 

5 divided by six. 

6 (ii) The actual amount of milk mar7 keted by the dairy operation of the dairy 

8 producer during the consecutive two-month 

9 period. 

10 SEC. 1416. EFFECT OF FAILURE TO PAY ADMINISTRATIVE 

11 FEES OR PREMIUMS. 

12 (a) LOSS OF BENEFITS.—A participating dairy pro13 ducer that fails to pay the required administrative fee 

14 under section 1412 or is in arrears on premium payments 

15 for supplemental margin protection under section 1415— 

16 (1) remains legally obligated to pay the admin17 istrative fee or premiums, as the case may be; and 

18 (2) may not receive basic margin protection 

19 payments or supplemental margin protection pay20 ments until the fees or premiums are fully paid. 

21 (b) ENFORCEMENT.—The Secretary may take such 

22 action as necessary to collect administrative fees and pre23 mium payments for supplemental margin protection. 


rfrederick on DSK6VPTVN1PROD with BILLS
723 

•HR 1947 RH

1 Subpart B—Dairy Market Stabilization Program 

2 SEC. 1431. ESTABLISHMENT OF DAIRY MARKET STABILIZA3 TION PROGRAM. 

4 (a) PROGRAM REQUIRED; PURPOSE.—The Secretary 

5 shall establish and administer a dairy market stabilization 

6 program applicable to participating dairy producers for 

7 the purpose of assisting in balancing the supply of milk 

8 with demand when dairy producers are experiencing low 

9 or negative operating margins. 

10 (b) ELECTION OF STABILIZATION PROGRAM BASE

11 CALCULATION METHOD.— 

12 (1) ELECTION.—When a dairy producer signs 

13 up under section 1412 to participate in the margin 

14 protection program, the dairy producer shall inform 

15 the Secretary of the method by which the stabiliza16 tion program base for the dairy producer for fiscal 

17 year 2013 will be calculated under paragraph (3). 

18 (2) CHANGE IN CALCULATION METHOD.—A 

19 participating dairy producer may change the sta20 bilization program base calculation method to be 

21 used for a calendar year by notifying the Secretary 

22 of the change not later than a date determined by 

23 the Secretary. 

24 (3) CALCULATION METHODS.—A participating 

25 dairy producer may elect either of the following 


rfrederick on DSK6VPTVN1PROD with BILLS
724 

•HR 1947 RH

1 methods for calculation of the stabilization program 

2 base for the producer: 

3 (A) The volume of the average monthly 

4 milk marketings of the dairy producer for the 

5 three months immediately preceding the an6 nouncement by the Secretary that the stabiliza7 tion program will become effective. 

8 (B) The volume of the monthly milk mar9 ketings of the dairy producer for the same 

10 month in the preceding year as the month for 

11 which the Secretary has announced the sta12 bilization program will become effective. 

13 SEC. 1432. THRESHOLD FOR IMPLEMENTATION AND RE14 DUCTION IN DAIRY PRODUCER PAYMENTS. 

15 (a) WHEN STABILIZATION PROGRAM REQUIRED.— 

16 Except as provided in subsection (b), the Secretary shall 

17 announce that the stabilization program is in effect and 

18 order reduced payments for any participating dairy pro19 ducer that exceeds the applicable percentage of the pro20 ducer’s stabilization program base whenever— 

21 (1) the actual dairy producer margin has been 

22 $6.00 or less per hundredweight of milk for each of 

23 the immediately preceding two months; or 


rfrederick on DSK6VPTVN1PROD with BILLS
725 

•HR 1947 RH

1 (2) the actual dairy producer margin has been 

2 $4.00 or less per hundredweight of milk for the im3 mediately preceding month. 

4 (b) EXCEPTION.—The Secretary shall not make the 

5 announcement under subsection (a) to implement the sta6 bilization program or order reduced payments if any of 

7 the conditions described in section 1436(b) have been met 

8 during the two months immediately preceding the month 

9 in which the announcement under subsection (a) would 

10 otherwise be made by the Secretary in the absence of this 

11 exception. 

12 (c) EFFECTIVE DATE FOR IMPLEMENTATION OF

13 PAYMENT REDUCTIONS.—Reductions in dairy producer 

14 payments shall commence beginning on the first day of 

15 the month immediately following the date of the announce16 ment by the Secretary under subsection (a). 

17 SEC. 1433. PRODUCER MILK MARKETING INFORMATION. 

18 (a) COLLECTION OF MILK MARKETING DATA.—The 

19 Secretary shall establish, by regulation, a process to collect 

20 from participating dairy producers and handlers such in21 formation that the Secretary considers necessary for each 

22 month during which the stabilization program is in effect. 

23 (b) REDUCE REGULATORY BURDEN.—When imple24 menting the process under subsection (a), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
726 

•HR 1947 RH

1 shall minimize the regulatory burden on dairy producers 

2 and handlers. 

3 SEC. 1434. CALCULATION AND COLLECTION OF REDUCED 

4 DAIRY PRODUCER PAYMENTS. 

5 (a) REDUCED PRODUCER PAYMENTS REQUIRED.— 

6 During any month in which payment reductions are in ef7 fect under the stabilization program, each handler shall 

8 reduce payments to each participating dairy producer 

9 from whom the handler receives milk. 

10 (b) REDUCTIONS BASED ON ACTUAL DAIRY PRO11 DUCER MARGIN.— 

12 (1) REDUCTION REQUIREMENT 1.—Unless the 

13 reduction required by paragraph (2) or (3) applies, 

14 when the actual dairy producer margin has been 

15 $6.00 or less per hundredweight of milk for two con16 secutive months, the handler shall make payments to 

17 a participating dairy producer for a month based on 

18 the greater of the following: 

19 (A) 98 percent of the stabilization program 

20 base of the dairy producer. 

21 (B) 94 percent of the marketings of milk 

22 for the month by the producer. 

23 (2) REDUCTION REQUIREMENT 2.—Unless the 

24 reduction required by paragraph (3) applies, when 

25 the actual dairy producer margin has been $5.00 or 


rfrederick on DSK6VPTVN1PROD with BILLS
727 

•HR 1947 RH

1 less per hundredweight of milk for two consecutive 

2 months, the handler shall make payments to a par3 ticipating dairy producer for a month based on the 

4 greater of the following: 

5 (A) 97 percent of the stabilization program 

6 base of the dairy producer. 

7 (B) 93 percent of the marketings of milk 

8 for the month by the producer. 

9 (3) REDUCTION REQUIREMENT 3.—When the 

10 actual dairy producer margin has been $4.00 or less 

11 for any one month, the handler shall make payments 

12 to a participating dairy producer for a month based 

13 on the greater of the following: 

14 (A) 96 percent of the stabilization program 

15 base of the dairy producer. 

16 (B) 92 percent of the marketings of milk 

17 for the month by the producer. 

18 (c) CONTINUATION OF REDUCTIONS.—The largest 

19 level of payment reduction required under paragraph (1), 

20 (2), or (3) of subsection (b) shall be continued for each 

21 month until the Secretary suspends the stabilization pro22 gram and terminates payment reductions in accordance 

23 with section 1436. 

24 (d) PAYMENT REDUCTION EXCEPTION.—Notwith25 standing any preceding subsection of this section, a hanVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
728 

•HR 1947 RH

1 dler shall make no payment reductions for a dairy pro2 ducer for a month if the producer’s milk marketings for 

3 the month are equal to or less than the percentage of the 

4 stabilization program base applicable to the producer 

5 under paragraph (1), (2), or (3) of subsection (b). 

6 SEC. 1435. REMITTING MONIES TO THE SECRETARY AND 

7 USE OF MONIES. 

8 (a) REMITTING MONIES.—As soon as practicable 

9 after the end of each month during which payment reduc10 tions are in effect under the stabilization program, each 

11 handler shall remit to the Secretary an amount equal to 

12 the amount by which payments to participating dairy pro13 ducers are reduced by the handler under section 1434. 

14 (b) DEPOSIT OF MONIES.—All monies received under 

15 subsection (a) shall be available to the Secretary, without 

16 further appropriation and until expended, for use or trans17 fer as provided in subsection (c). 

18 (c) USE OF MONIES.— 

19 (1) AVAILABILITY FOR CERTAIN COMMODITY

20 DONATIONS.—Within three months of the receipt of 

21 monies under subsection (a), the Secretary shall ob22 ligate the monies for the purpose of— 

23 (A) purchasing dairy products for donation 

24 to food banks and other programs that the Sec25 retary determines appropriate; and 


rfrederick on DSK6VPTVN1PROD with BILLS
729 

•HR 1947 RH

1 (B) expanding consumption and building 

2 demand for dairy products. 

3 (2) NO DUPLICATION OF EFFORT.—The Sec4 retary shall ensure that expenditures under para5 graph (1) are compatible with, and do not duplicate, 

6 programs supported by the dairy research and pro7 motion activities conducted under the Dairy Produc8 tion Stabilization Act of 1983 (7 U.S.C. 4501 et 

9 seq.). 

10 (3) ACCOUNTING.—The Secretary shall keep an 

11 accurate account of all monies obligated under para12 graph (1). 

13 (d) ANNUAL REPORT.—Not later than December 31 

14 of each year that the stabilization program is in effect, 

15 the Secretary shall submit to the Committee on Agri16 culture of the House of Representatives and the Com17 mittee on Agriculture, Nutrition, and Forestry of the Sen18 ate a report that provides an accurate accounting of— 

19 (1) the monies received by the Secretary during 

20 the preceding fiscal year under subsection (a); and 

21 (2) all expenditures made by the Secretary 

22 under subsection (b) during the preceding fiscal 

23 year. 

24 (e) ENFORCEMENT.—If a participating dairy pro25 ducer or handler fails to remit or collect the amounts by 


rfrederick on DSK6VPTVN1PROD with BILLS
730 

•HR 1947 RH

1 which payments to participating dairy producers are re2 duced under section 1434, the producer or handler respon3 sible for the failure shall be liable to the Secretary for the 

4 amount that should have been remitted or collected, plus 

5 interest. In addition to the enforcement authorities avail6 able under section 1437, the Secretary may enforce this 

7 subsection in the courts of the United States. 

8 SEC. 1436. SUSPENSION OF REDUCED PAYMENT REQUIRE9 MENT. 

10 (a) DETERMINATION OF PRICES.—For purposes of 

11 this section: 

12 (1) The price in the United States for cheddar 

13 cheese and nonfat dry milk shall be determined by 

14 the Secretary. 

15 (2) The world price of cheddar cheese and skim 

16 milk powder shall be determined by the Secretary. 

17 (b) INITIAL SUSPENSION THRESHOLDS.—The Sec18 retary shall announce that the stabilization program shall 

19 be suspended whenever the Secretary determines that— 

20 (1) the actual dairy producer margin is greater 

21 than $6.00 per hundredweight of milk for two con22 secutive months; 

23 (2) the dairy producer margin is equal to or 

24 less than $6.00 (but greater than $5.00) for two 


rfrederick on DSK6VPTVN1PROD with BILLS
731 

•HR 1947 RH

1 consecutive months, and during the same two con2 secutive months— 

3 (A) the price in the United States for 

4 cheddar cheese is equal to or greater than the 

5 world price of cheddar cheese; or 

6 (B) the price in the United States for non7 fat dry milk is equal to or greater than the 

8 world price of skim milk powder; 

9 (3) the dairy producer margin is equal to or 

10 less than $5.00 (but greater than $4.00) for two 

11 consecutive months, and during the same two con12 secutive months— 

13 (A) the price in the United States for 

14 cheddar cheese is more than 5 percent above 

15 the world price of cheddar cheese; or 

16 (B) the price in the United States for non17 fat dry milk is more than 5 percent above the 

18 world price of skim milk powder; or 

19 (4) the dairy producer margin is equal to or 

20 less than $4.00 for two consecutive months, and 

21 during the same two consecutive months— 

22 (A) the price in the United States for 

23 cheddar cheese is more than 7 percent above 

24 the world price of cheddar cheese; or 


rfrederick on DSK6VPTVN1PROD with BILLS
732 

•HR 1947 RH

1 (B) the price in the United States for non2 fat dry milk is more than 7 percent above the 

3 world price of skim milk powder. 

4 (c) ENHANCED SUSPENSION THRESHOLDS.—If the 

5 stabilization program is not suspended pursuant to sub6 section (b) for six consecutive months or more, the sta7 bilization program shall be suspended whenever the Sec8 retary determines that— 

9 (1) the actual dairy producer margin is greater 

10 than $6.00 per hundredweight of milk for two con11 secutive months; 

12 (2) the dairy producer margin is equal to or 

13 less than $6.00 (but greater than $5.00) for two 

14 consecutive months, and during the same two con15 secutive months— 

16 (A) the price in the United States for 

17 cheddar cheese is not less than 97 percent of 

18 the world price of cheddar cheese; or 

19 (B) the price in the United States for non20 fat dry milk is not less than 97 percent of the 

21 world price of skim milk powder; 

22 (3) the dairy producer margin is equal to or 

23 less than $5.00 (but greater than $4.00) for two 

24 consecutive months, and during the same two con25 secutive months— 


rfrederick on DSK6VPTVN1PROD with BILLS
733 

•HR 1947 RH

1 (A) the price in the United States for 

2 cheddar cheese is more than 3 percent above 

3 the world price of cheddar cheese; or 

4 (B) the price in the United States for non 

5 fat dry milk is more than 3 percent above the 

6 world price of skim milk powder; or 

7 (4) the dairy producer margin is equal to or 

8 less than $4.00 for two consecutive months, and 

9 during the same two consecutive months— 

10 (A) the price in the United States for 

11 cheddar cheese is more than 6 percent above 

12 the world price of cheddar cheese; or 

13 (B) the price in the United States for non 

14 fat dry milk is more than 6 percent above the 

15 world price of skim milk powder. 

16 (d) IMPLEMENTATION BY HANDLERS.—Effective on 

17 the day after the date of the announcement by the Sec18 retary under subsection (b) or (c) of the suspension of the 

19 stabilization program, the handler shall cease reducing 

20 payments to participating dairy producers under the sta21 bilization program. 

22 (e) CONDITION ON RESUMPTION OF STABILIZATION

23 PROGRAM.—Upon the announcement by the Secretary 

24 under subsection (b) or (c) that the stabilization program 


rfrederick on DSK6VPTVN1PROD with BILLS
734 

•HR 1947 RH

1 has been suspended, the stabilization program may not be 

2 implemented again until, at the earliest— 

3 (1) two months have passed, beginning on the 

4 first day of the month immediately following the an5 nouncement by the Secretary; and 

6 (2) the conditions of section 1432(a) are again 

7 met. 

8 SEC. 1437. ENFORCEMENT. 

9 (a) UNLAWFUL ACT.—It shall be unlawful and a vio10 lation of the this subpart for any person subject to the 

11 stabilization program to willfully fail or refuse to provide, 

12 or delay the timely reporting of, accurate information and 

13 remittance of funds to the Secretary in accordance with 

14 this subpart. 

15 (b) ORDER.—After providing notice and opportunity 

16 for a hearing to an affected person, the Secretary may 

17 issue an order against any person to cease and desist from 

18 continuing any violation of this subpart. 

19 (c) APPEAL.—An order of the Secretary under sub20 section (b) shall be final and conclusive unless an affected 

21 person files an appeal of the order of the Secretary in 

22 United States district court not later than 30 days after 

23 the date of the issuance of the order. A finding of the 

24 Secretary in the order shall be set aside only if the finding 

25 is not supported by substantial evidence. 


rfrederick on DSK6VPTVN1PROD with BILLS
735 

•HR 1947 RH

1 (d) NONCOMPLIANCE WITH ORDER.—If a person 

2 subject to this subpart fails to obey an order issued under 

3 subsection (b) after the order has become final and 

4 unappealable, or after the appropriate United States dis5 trict court has entered a final judgment in favor of the 

6 Secretary, the United States may apply to the appropriate 

7 United States district court for enforcement of the order. 

8 If the court determines that the order was lawfully made 

9 and duly served and that the person violated the order, 

10 the court shall enforce the order. 

11 SEC. 1438. AUDIT REQUIREMENTS. 

12 (a) AUDITS OF PRODUCER AND HANDLER COMPLI13 ANCE.— 

14 (1) AUDITS AUTHORIZED.—If determined by 

15 the Secretary to be necessary to ensure compliance 

16 by participating dairy producers and handlers with 

17 the stabilization program, the Secretary may con18 duct periodic audits of participating dairy producers 

19 and handlers. 

20 (2) SAMPLE OF DAIRY PRODUCERS.—Any audit 

21 conducted under this subsection shall include, at a 

22 minimum, investigation of a statistically valid and 

23 random sample of participating dairy producers. 

24 (b) SUBMISSION OF RESULTS.—The Secretary shall 

25 submit the results of any audit conducted under subVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
736 

•HR 1947 RH

1 section (a) to the Committee on Agriculture of the House 

2 of Representatives and the Committee on Agriculture, Nu3 trition, and Forestry of the Senate and include such rec4 ommendations as the Secretary considers appropriate re5 garding the stabilization program. 

6 Subpart C—Commodity Credit Corporation 

7 SEC. 1451. USE OF COMMODITY CREDIT CORPORATION. 

8 The Secretary shall use the funds, facilities, and the 

9 authorities of the Commodity Credit Corporation to carry 

10 out this part. 

11 Subpart D—Initiation and Duration 

12 SEC. 1461. RULEMAKING. 

13 (a) PROCEDURE.—The promulgation of regulations 

14 for the initiation of the margin protection program and 

15 the stabilization program, and for administration of such 

16 programs, shall be made without regard to— 

17 (1) without regard to chapter 35 of title 

18 44, United States Code (commonly known as the 

19 Paperwork Reduction Act); 

20 (2) without regard to the Statement of 

21 Policy of the Secretary of Agriculture effective July 

22 24, 1971 (36 Fed. Reg. 13804), relating to notices 

23 of proposed rulemaking and public participation in 

24 rulemaking; and 


rfrederick on DSK6VPTVN1PROD with BILLS
737 

•HR 1947 RH

1 (3) the notice and comment provisions of sub2 ject to subsection (b), pursuant to section 

3 553 of title 5, United States Code. 

4 (b) CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING.—In carrying out subsection (a), the Secretary 

6 shall use the authority provided under section 808 of title 

7 5, United States Code. 

8 (b) SPECIAL RULEMAKING REQUIREMENTS.— 

9 (1) INTERIM RULES REQUIRED FOR STA10 BILIZATION PROGRAM.— 

11 (A) IN GENERAL.—With respect to 

12 the stabilization program, the Sec13 retary shall promulgate interim rules 

14 no later than nine months after the 

15 date of the enactment of this Act 

16 under the authority provided in sub17 paragraph (B) of section 553(b) of 

18 title 5, United States Code. 

19 (B) INTERIM DETERMINATION.—The 

20 interim rules required for the sta21 bilization program shall include an 

22 interim determination by the Sec23 retary regarding the impacts of the 

24 stabilization program on— 


rfrederick on DSK6VPTVN1PROD with BILLS
738 

•HR 1947 RH

1 (i) the dairy product value 

2 chain, including impacts on pro3 ducers, processors, domestic cus4 tomers, export customers, actual 

5 market growth and potential mar6 ket growth, farms of different 

7 sizes, and different regions and 

8 States; 

9 (ii) the competitiveness of the 

10 United States dairy industry in 

11 international markets; 

12 (iii) domestic or international 

13 Government-funded nutrition 

14 programs; 

15 (iv) consumers; and 

16 (v) competition in domestic 

17 dairy markets. 

18 (C) EFFECTIVE DATE.—The interim 

19 rules required for the stabilization 

20 program shall be effective on publica21 tion. 

22 (2) INTERIM RULES AUTHORIZED FOR

23 MARGIN PROTECTION PROGRAM.—With re24 spect to the margin protection program, 

25 the Secretary may promulgate interim 


rfrederick on DSK6VPTVN1PROD with BILLS
739 

•HR 1947 RH

1 rules under the authority provided in 

2 subparagraph (B) of section 553(b) of title 

3 5, United States Code, if the Secretary de4 termines such interim rules to be needed. 

5 Any such interim rules for the margin 

6 protection program shall be effective on 

7 publication. 

8 (3) FINAL RULES.— 

9 (A) IN GENERAL.—With respect to 

10 the margin protection program and 

11 stabilization program, the Secretary 

12 shall promulgate final rules, with an 

13 opportunity for public notice and 

14 comment, no later than 21 months 

15 after the date of the enactment of this 

16 Act. 

17 (B) FINAL DETERMINATION.—The 

18 final rules required for the stabiliza19 tion program shall include a final de20 termination by the Secretary of the 

21 impacts of the stabilization program 

22 on each of the items specified in 

23 paragraph (1)(B). 

24 (c) INCLUSION OF ADDITIONAL ORDER.—Section 

25 143(a)(2) of the Federal Agriculture Improvement and 


rfrederick on DSK6VPTVN1PROD with BILLS
740 

•HR 1947 RH

1 Reform Act of 1996 (7 U.S.C. 7253(a)(2)) is amended 

2 by adding at the end the following new sentence: ‘‘Sub3 section (b)(2) does not apply to the authority of the Sec4 retary under this subsection.’’. 

5 SEC. 1462. DURATION. 

6 The margin protection program and the stabilization 

7 program shall end on December 31, 2018. 

8 PART II—REPEAL OR REAUTHORIZATION OF 

9 OTHER DAIRY-RELATED PROVISIONS 

10 SEC. 1481. REPEAL OF DAIRY PRODUCT PRICE SUPPORT 

11 AND MILK INCOME LOSS CONTRACT PRO12 GRAMS. 

13 (a) REPEAL OF DAIRY PRODUCT PRICE SUPPORT

14 PROGRAM.—Section 1501 of the Food, Conservation, and 

15 Energy Act of 2008 (7 U.S.C. 8771) is repealed. 

16 (b) REPEAL OF MILK INCOME LOSS CONTRACT PRO17 GRAM.—Section 1506 of the Food, Conservation, and En18 ergy Act of 2008 (7 U.S.C. 8773) is repealed. 

19 SEC. 1482. REPEAL OF DAIRY EXPORT INCENTIVE PRO20 GRAM. 

21 (a) REPEAL.—Section 153 of the Food Security Act 

22 of 1985 (15 U.S.C. 713a–14) is repealed. 

23 (b) CONFORMING AMENDMENTS.—Section 902(2) of 

24 the Trade Sanctions Reform and Export Enhancement 

25 Act of 2000 (22 U.S.C. 7201(2)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
741 

•HR 1947 RH

1 (1) by striking subparagraph (D); and 

2 (2) by redesignating subparagraphs (E) and 

3 (F) as subparagraphs (D) and (E), respectively. 

4 SEC. 1483. EXTENSION OF DAIRY FORWARD PRICING PRO5 GRAM. 

6 Section 1502(e) of the Food, Conservation, and En7 ergy Act of 2008 (7 U.S.C. 8772(e)) is amended— 

8 (1) in paragraph (1), by striking ‘‘2012’’ and 

9 inserting ‘‘2018’’; and 

10 (2) in paragraph (2), by striking ‘‘2015’’ and 

11 inserting ‘‘2021’’. 

12 SEC. 1484. EXTENSION OF DAIRY INDEMNITY PROGRAM. 

13 Section 3 of Public Law 90–484 (7 U.S.C. 450l) is 

14 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

15 SEC. 1485. EXTENSION OF DAIRY PROMOTION AND RE16 SEARCH PROGRAM. 

17 Section 113(e)(2) of the Dairy Production Stabiliza18 tion Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by 

19 striking ‘‘2012’’ and inserting ‘‘2018’’. 

20 SEC. 1486. REPEAL OF FEDERAL MILK MARKETING ORDER 

21 REVIEW COMMISSION. 

22 Section 1509 of the Food, Conservation, and Energy 

23 Act of 2008 (Public Law 110–246; 122 Stat. 1726) is re24 pealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
742 

•HR 1947 RH

1 PART III—EFFECTIVE DATE 

2 SEC. 1491. EFFECTIVE DATE. 

3 This subtitle and the amendments made by this sub4 title shall take effect on October 1, 2013. 

5 Subtitle E—Supplemental Agricul6 tural Disaster Assistance Pro7 grams 

8 SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER AS9 SISTANCE. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE PRODUCER ON A FARM.— 

12 (A) IN GENERAL.—The term ‘‘eligible pro13 ducer on a farm’’ means an individual or entity 

14 described in subparagraph (B) that, as deter15 mined by the Secretary, assumes the production 

16 and market risks associated with the agricul17 tural production of crops or livestock. 

18 (B) DESCRIPTION.—An individual or enti19 ty referred to in subparagraph (A) is— 

20 (i) a citizen of the United States; 

21 (ii) a resident alien; 

22 (iii) a partnership of citizens of the 

23 United States; or 

24 (iv) a corporation, limited liability cor25 poration, or other farm organizational 

26 structure organized under State law. 


rfrederick on DSK6VPTVN1PROD with BILLS
743 

•HR 1947 RH

1 (2) FARM-RAISED FISH.—The term ‘‘farm2 raised fish’’ means any aquatic species that is propa3 gated and reared in a controlled environment. 

4 (3) LIVESTOCK.—The term ‘‘livestock’’ in5 cludes— 

6 (A) cattle (including dairy cattle); 

7 (B) bison; 

8 (C) poultry; 

9 (D) sheep; 

10 (E) swine; 

11 (F) horses; and 

12 (G) other livestock, as determined by the 

13 Secretary. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Agriculture. 

16 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

17 (1) PAYMENTS.—For each of the fiscal years 

18 2012 through 2018, the Secretary shall use such 

19 sums as are necessary of the funds of the Com20 modity Credit Corporation to make livestock indem21 nity payments to eligible producers on farms that 

22 have incurred livestock death losses in excess of the 

23 normal mortality, as determined by the Secretary, 

24 due to— 


rfrederick on DSK6VPTVN1PROD with BILLS
744 

•HR 1947 RH

1 (A) attacks by animals reintroduced into 

2 the wild by the Federal Government or pro3 tected by Federal law, including wolves and 

4 avian predators; or 

5 (B) adverse weather, as determined by the 

6 Secretary, during the calendar year, including 

7 losses due to hurricanes, floods, blizzards, dis8 ease, wildfires, extreme heat, and extreme cold. 

9 (2) PAYMENT RATES.—Indemnity payments to 

10 an eligible producer on a farm under paragraph (1) 

11 shall be made at a rate of 75 percent of the market 

12 value of the applicable livestock on the day before 

13 the date of death of the livestock, as determined by 

14 the Secretary. 

15 (3) SPECIAL RULE FOR PAYMENTS MADE DUE

16 TO DISEASE.—The Secretary shall ensure that pay17 ments made to an eligible producer under paragraph 

18 (1) are not made for the same livestock losses for 

19 which compensation is provided pursuant to section 

20 10407(d) of the Animal Health Protection Act (7 

21 U.S.C. 8306(d)). 

22 (c) LIVESTOCK FORAGE DISASTER PROGRAM.— 

23 (1) DEFINITIONS.—In this subsection: 

24 (A) COVERED LIVESTOCK.— 


rfrederick on DSK6VPTVN1PROD with BILLS
745 

•HR 1947 RH

1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), the term ‘‘covered livestock’’ 

3 means livestock of an eligible livestock pro4 ducer that, during the 60 days prior to the 

5 beginning date of a qualifying drought or 

6 fire condition, as determined by the Sec7 retary, the eligible livestock producer— 

8 (I) owned; 

9 (II) leased; 

10 (III) purchased; 

11 (IV) entered into a contract to 

12 purchase; 

13 (V) is a contract grower; or 

14 (VI) sold or otherwise disposed of 

15 due to qualifying drought conditions 

16 during— 

17 (aa) the current production 

18 year; or 

19 (bb) subject to paragraph 

20 (3)(B)(ii), 1 or both of the 2 pro21 duction years immediately pre22 ceding the current production 

23 year. 

24 (ii) EXCLUSION.—The term ‘‘covered 

25 livestock’’ does not include livestock that 


rfrederick on DSK6VPTVN1PROD with BILLS
746 

•HR 1947 RH

1 were or would have been in a feedlot, on 

2 the beginning date of the qualifying 

3 drought or fire condition, as a part of the 

4 normal business operation of the eligible 

5 livestock producer, as determined by the 

6 Secretary. 

7 (B) DROUGHT MONITOR.—The term 

8 ‘‘drought monitor’’ means a system for 

9 classifying drought severity according to a 

10 range of abnormally dry to exceptional drought, 

11 as defined by the Secretary. 

12 (C) ELIGIBLE LIVESTOCK PRODUCER.— 

13 (i) IN GENERAL.—The term ‘‘eligible 

14 livestock producer’’ means an eligible pro15 ducer on a farm that— 

16 (I) is an owner, cash or share 

17 lessee, or contract grower of covered 

18 livestock that provides the pastureland 

19 or grazing land, including cash-leased 

20 pastureland or grazing land, for the 

21 livestock; 

22 (II) provides the pastureland or 

23 grazing land for covered livestock, in24 cluding cash-leased pastureland or 


rfrederick on DSK6VPTVN1PROD with BILLS
747 

•HR 1947 RH

1 grazing land that is physically located 

2 in a county affected by drought; 

3 (III) certifies grazing loss; and 

4 (IV) meets all other eligibility re5 quirements established under this sub6 section. 

7 (ii) EXCLUSION.—The term ‘‘eligible 

8 livestock producer’’ does not include an 

9 owner, cash or share lessee, or contract 

10 grower of livestock that rents or leases 

11 pastureland or grazing land owned by an12 other person on a rate-of-gain basis. 

13 (D) NORMAL CARRYING CAPACITY.—The 

14 term ‘‘normal carrying capacity’’, with respect 

15 to each type of grazing land or pastureland in 

16 a county, means the normal carrying capacity, 

17 as determined under paragraph (3)(D)(i), that 

18 would be expected from the grazing land or 

19 pastureland for livestock during the normal 

20 grazing period, in the absence of a drought or 

21 fire that diminishes the production of the graz22 ing land or pastureland. 

23 (E) NORMAL GRAZING PERIOD.—The term 

24 ‘‘normal grazing period’’, with respect to a 

25 county, means the normal grazing period during 


rfrederick on DSK6VPTVN1PROD with BILLS
748 

•HR 1947 RH

1 the calendar year for the county, as determined 

2 under paragraph (3)(D)(i). 

3 (2) PROGRAM.—For each of the fiscal years 

4 2012 through 2018, the Secretary shall use such 

5 sums as are necessary of the funds of the Com6 modity Credit Corporation to provide compensation 

7 for losses to eligible livestock producers due to graz8 ing losses for covered livestock due to— 

9 (A) a drought condition, as described in 

10 paragraph (3); or 

11 (B) fire, as described in paragraph (4). 

12 (3) ASSISTANCE FOR LOSSES DUE TO DROUGHT

13 CONDITIONS.— 

14 (A) ELIGIBLE LOSSES.— 

15 (i) IN GENERAL.—An eligible livestock 

16 producer may receive assistance under this 

17 subsection only for grazing losses for cov18 ered livestock that occur on land that— 

19 (I) is native or improved 

20 pastureland with permanent vegeta21 tive cover; or 

22 (II) is planted to a crop planted 

23 specifically for the purpose of pro24 viding grazing for covered livestock. 


rfrederick on DSK6VPTVN1PROD with BILLS
749 

•HR 1947 RH

1 (ii) EXCLUSIONS.—An eligible live2 stock producer may not receive assistance 

3 under this subsection for grazing losses 

4 that occur on land used for haying or graz5 ing under the conservation reserve pro6 gram established under subchapter B of 

7 chapter 1 of subtitle D of title XII of the 

8 Food Security Act of 1985 (16 U.S.C. 

9 3831 et seq.). 

10 (B) MONTHLY PAYMENT RATE.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (ii), the payment rate for assist13 ance under this paragraph for 1 month 

14 shall, in the case of drought, be equal to 

15 60 percent of the lesser of— 

16 (I) the monthly feed cost for all 

17 covered livestock owned or leased by 

18 the eligible livestock producer, as de19 termined under subparagraph (C); or 

20 (II) the monthly feed cost cal21 culated by using the normal carrying 

22 capacity of the eligible grazing land of 

23 the eligible livestock producer. 

24 (ii) PARTIAL COMPENSATION.—In the 

25 case of an eligible livestock producer that 


rfrederick on DSK6VPTVN1PROD with BILLS
750 

•HR 1947 RH

1 sold or otherwise disposed of covered live2 stock due to drought conditions in 1 or 

3 both of the 2 production years immediately 

4 preceding the current production year, as 

5 determined by the Secretary, the payment 

6 rate shall be 80 percent of the payment 

7 rate otherwise calculated in accordance 

8 with clause (i). 

9 (C) MONTHLY FEED COST.— 

10 (i) IN GENERAL.—The monthly feed 

11 cost shall equal the product obtained by 

12 multiplying— 

13 (I) 30 days; 

14 (II) a payment quantity that is 

15 equal to the feed grain equivalent, as 

16 determined under clause (ii); and 

17 (III) a payment rate that is equal 

18 to the corn price per pound, as deter19 mined under clause (iii). 

20 (ii) FEED GRAIN EQUIVALENT.—For 

21 purposes of clause (i)(II), the feed grain 

22 equivalent shall equal— 

23 (I) in the case of an adult beef 

24 cow, 15.7 pounds of corn per day; or 


rfrederick on DSK6VPTVN1PROD with BILLS
751 

•HR 1947 RH

1 (II) in the case of any other type 

2 of weight of livestock, an amount de3 termined by the Secretary that rep4 resents the average number of pounds 

5 of corn per day necessary to feed the 

6 livestock. 

7 (iii) CORN PRICE PER POUND.—For 

8 purposes of clause (i)(III), the corn price 

9 per pound shall equal the quotient ob10 tained by dividing— 

11 (I) the higher of— 

12 (aa) the national average 

13 corn price per bushel for the 12- 

14 month period immediately pre15 ceding March 1 of the year for 

16 which the disaster assistance is 

17 calculated; or 

18 (bb) the national average 

19 corn price per bushel for the 24- 

20 month period immediately pre21 ceding that March 1; by 

22 (II) 56. 

23 (D) NORMAL GRAZING PERIOD AND

24 DROUGHT MONITOR INTENSITY.— 


rfrederick on DSK6VPTVN1PROD with BILLS
752 

•HR 1947 RH

1 (i) FSA COUNTY COMMITTEE DETER2 MINATIONS.— 

3 (I) IN GENERAL.—The Secretary 

4 shall determine the normal carrying 

5 capacity and normal grazing period 

6 for each type of grazing land or 

7 pastureland in the county served by 

8 the applicable committee. 

9 (II) CHANGES.—No change to 

10 the normal carrying capacity or nor11 mal grazing period established for a 

12 county under subclause (I) shall be 

13 made unless the change is requested 

14 by the appropriate State and county 

15 Farm Service Agency committees. 

16 (ii) DROUGHT INTENSITY.— 

17 (I) D2.—An eligible livestock 

18 producer that owns or leases grazing 

19 land or pastureland that is physically 

20 located in a county that is rated by 

21 the U.S. Drought Monitor as having a 

22 D2 (severe drought) intensity in any 

23 area of the county for at least 8 con24 secutive weeks during the normal 

25 grazing period for the county, as deVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
753 

•HR 1947 RH

1 termined by the Secretary, shall be el2 igible to receive assistance under this 

3 paragraph in an amount equal to 1 

4 monthly payment using the monthly 

5 payment rate determined under sub6 paragraph (B). 

7 (II) D3.—An eligible livestock 

8 producer that owns or leases grazing 

9 land or pastureland that is physically 

10 located in a county that is rated by 

11 the U.S. Drought Monitor as having 

12 at least a D3 (extreme drought) in13 tensity in any area of the county at 

14 any time during the normal grazing 

15 period for the county, as determined 

16 by the Secretary, shall be eligible to 

17 receive assistance under this para18 graph— 

19 (aa) in an amount equal to 

20 3 monthly payments using the 

21 monthly payment rate deter22 mined under subparagraph (B); 

23 (bb) if the county is rated as 

24 having a D3 (extreme drought) 

25 intensity in any area of the counVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
754 

•HR 1947 RH

1 ty for at least 4 weeks during the 

2 normal grazing period for the 

3 county, or is rated as having a 

4 D4 (exceptional drought) inten5 sity in any area of the county at 

6 any time during the normal graz7 ing period, in an amount equal to 

8 4 monthly payments using the 

9 monthly payment rate deter10 mined under subparagraph (B); 

11 or 

12 (cc) if the county is rated as 

13 having a D4 (exceptional 

14 drought) intensity in any area of 

15 the county for at least 4 weeks 

16 during the normal grazing pe17 riod, in an amount equal to 5 

18 monthly payments using the 

19 monthly rate determined under 

20 subparagraph (B). 

21 (4) ASSISTANCE FOR LOSSES DUE TO FIRE ON

22 PUBLIC MANAGED LAND.— 

23 (A) IN GENERAL.—An eligible livestock 

24 producer may receive assistance under this 

25 paragraph only if— 


rfrederick on DSK6VPTVN1PROD with BILLS
755 

•HR 1947 RH

1 (i) the grazing losses occur on range2 land that is managed by a Federal agency; 

3 and 

4 (ii) the eligible livestock producer is 

5 prohibited by the Federal agency from 

6 grazing the normal permitted livestock on 

7 the managed rangeland due to a fire. 

8 (B) PAYMENT RATE.—The payment rate 

9 for assistance under this paragraph shall be 

10 equal to 50 percent of the monthly feed cost for 

11 the total number of livestock covered by the 

12 Federal lease of the eligible livestock producer, 

13 as determined under paragraph (3)(C). 

14 (C) PAYMENT DURATION.— 

15 (i) IN GENERAL.—Subject to clause 

16 (ii), an eligible livestock producer shall be 

17 eligible to receive assistance under this 

18 paragraph for the period— 

19 (I) beginning on the date on 

20 which the Federal agency excludes the 

21 eligible livestock producer from using 

22 the managed rangeland for grazing; 

23 and 


rfrederick on DSK6VPTVN1PROD with BILLS
756 

•HR 1947 RH

1 (II) ending on the last day of the 

2 Federal lease of the eligible livestock 

3 producer. 

4 (ii) LIMITATION.—An eligible livestock 

5 producer may only receive assistance under 

6 this paragraph for losses that occur on not 

7 more than 180 days per year. 

8 (5) NO DUPLICATIVE PAYMENTS.—An eligible 

9 livestock producer may elect to receive assistance for 

10 grazing or pasture feed losses due to drought condi11 tions under paragraph (3) or fire under paragraph 

12 (4), but not both for the same loss, as determined 

13 by the Secretary. 

14 (d) EMERGENCY ASSISTANCE FOR LIVESTOCK, 

15 HONEY BEES, AND FARM-RAISED FISH.— 

16 (1) IN GENERAL.—For each of the fiscal years 

17 2012 through 2018, the Secretary shall use not 

18 more than $20,000,000 of the funds of the Com19 modity Credit Corporation to provide emergency re20 lief to eligible producers of livestock, honey bees, and 

21 farm-raised fish to aid in the reduction of losses due 

22 to disease (including cattle tick fever), adverse 

23 weather, or other conditions, such as blizzards and 

24 wildfires, as determined by the Secretary, that are 

25 not covered under subsection (b) or (c). 


rfrederick on DSK6VPTVN1PROD with BILLS
757 

•HR 1947 RH

1 (2) USE OF FUNDS.—Funds made available 

2 under this subsection shall be used to reduce losses 

3 caused by feed or water shortages, disease, or other 

4 factors as determined by the Secretary. 

5 (3) AVAILABILITY OF FUNDS.—Any funds made 

6 available under this subsection shall remain available 

7 until expended. 

8 (e) TREE ASSISTANCE PROGRAM.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) ELIGIBLE ORCHARDIST.—The term 

11 ‘‘eligible orchardist’’ means a person that pro12 duces annual crops from trees for commercial 

13 purposes. 

14 (B) NATURAL DISASTER.—The term ‘‘nat15 ural disaster’’ means plant disease, insect infes16 tation, drought, fire, freeze, flood, earthquake, 

17 lightning, or other occurrence, as determined by 

18 the Secretary. 

19 (C) NURSERY TREE GROWER.—The term 

20 ‘‘nursery tree grower’’ means a person who pro21 duces nursery, ornamental, fruit, nut, or Christ22 mas trees for commercial sale, as determined by 

23 the Secretary. 

24 (D) TREE.—The term ‘‘tree’’ includes a 

25 tree, bush, and vine. 


rfrederick on DSK6VPTVN1PROD with BILLS
758 

•HR 1947 RH

1 (2) ELIGIBILITY.— 

2 (A) LOSS.—Subject to subparagraph (B), 

3 for each of the fiscal years 2012 through 2018, 

4 the Secretary shall use such sums as are nec5 essary of the funds of the Commodity Credit 

6 Corporation to provide assistance— 

7 (i) under paragraph (3) to eligible or8 chardists and nursery tree growers that 

9 planted trees for commercial purposes but 

10 lost the trees as a result of a natural dis11 aster, as determined by the Secretary; and 

12 (ii) under paragraph (3)(B) to eligible 

13 orchardists and nursery tree growers that 

14 have a production history for commercial 

15 purposes on planted or existing trees but 

16 lost the trees as a result of a natural dis17 aster, as determined by the Secretary. 

18 (B) LIMITATION.—An eligible orchardist 

19 or nursery tree grower shall qualify for assist20 ance under subparagraph (A) only if the tree 

21 mortality of the eligible orchardist or nursery 

22 tree grower, as a result of damaging weather or 

23 related condition, exceeds 15 percent (adjusted 

24 for normal mortality). 


rfrederick on DSK6VPTVN1PROD with BILLS
759 

•HR 1947 RH

1 (3) ASSISTANCE.—Subject to paragraph (4), 

2 the assistance provided by the Secretary to eligible 

3 orchardists and nursery tree growers for losses de4 scribed in paragraph (2) shall consist of— 

5 (A)(i) reimbursement of 65 percent of the 

6 cost of replanting trees lost due to a natural 

7 disaster, as determined by the Secretary, in ex8 cess of 15 percent mortality (adjusted for nor9 mal mortality); or 

10 (ii) at the option of the Secretary, suffi11 cient seedlings to reestablish a stand; and 

12 (B) reimbursement of 50 percent of the 

13 cost of pruning, removal, and other costs in14 curred by an eligible orchardist or nursery tree 

15 grower to salvage existing trees or, in the case 

16 of tree mortality, to prepare the land to replant 

17 trees as a result of damage or tree mortality 

18 due to a natural disaster, as determined by the 

19 Secretary, in excess of 15 percent damage or 

20 mortality (adjusted for normal tree damage and 

21 mortality). 

22 (4) LIMITATIONS ON ASSISTANCE.— 

23 (A) DEFINITIONS OF LEGAL ENTITY AND

24 PERSON.—In this paragraph, the terms ‘‘legal 

25 entity’’ and ‘‘person’’ have the meaning given 


rfrederick on DSK6VPTVN1PROD with BILLS
760 

•HR 1947 RH

1 those terms in section 1001(a) of the Food Se2 curity Act of 1985 (7 U.S.C. 1308(a)). 

3 (B) AMOUNT.—The total amount of pay4 ments received, directly or indirectly, by a per5 son or legal entity (excluding a joint venture or 

6 general partnership) under this subsection may 

7 not exceed $125,000 for any crop year, or an 

8 equivalent value in tree seedlings. 

9 (C) ACRES.—The total quantity of acres 

10 planted to trees or tree seedlings for which a 

11 person or legal entity shall be entitled to receive 

12 payments under this subsection may not exceed 

13 500 acres. 

14 (f) PAYMENT LIMITATIONS.— 

15 (1) DEFINITIONS OF LEGAL ENTITY AND PER16 SON.—In this subsection, the terms ‘‘legal entity’’ 

17 and ‘‘person’’ have the meaning given those terms in 

18 section 1001(a) of the Food Security Act of 1985 (7 

19 U.S.C. 1308(a)). 

20 (2) AMOUNT.—The total amount of disaster as21 sistance payments received, directly or indirectly, by 

22 a person or legal entity (excluding a joint venture or 

23 general partnership) under this section (excluding 

24 payments received under subsection (e)) may not ex25 ceed $125,000 for any crop year. 


rfrederick on DSK6VPTVN1PROD with BILLS
761 

•HR 1947 RH

1 (3) DIRECT ATTRIBUTION.—Subsections (e) 

2 and (f) of section 1001 of the Food Security Act of 

3 1985 (7 U.S.C. 1308) or any successor provisions 

4 relating to direct attribution shall apply with respect 

5 to assistance provided under this section. 

6 Subtitle F—Administration 

7 SEC. 1601. ADMINISTRATION GENERALLY. 

8 (a) USE OF COMMODITY CREDIT CORPORATION.— 

9 The Secretary of Agriculture shall use the funds, facilities, 

10 and authorities of the Commodity Credit Corporation to 

11 carry out this title. 

12 (b) DETERMINATIONS BY SECRETARY.—A deter13 mination made by the Secretary under this title shall be 

14 final and conclusive. 

15 (c) REGULATIONS.— 

16 (1) IN GENERAL.—Except as otherwise pro17 vided in this subsection, not later than 90 days after 

18 the date of enactment of this Act, the Secretary and 

19 the Commodity Credit Corporation, as appropriate, 

20 shall promulgate such regulations as are necessary 

21 to implement this title and the amendments made by 

22 this title. 

23 (2) PROCEDURE.—The promulgation of the reg24 ulations and administration of this title and the 

25 amendments made by this title and sections 11003 


rfrederick on DSK6VPTVN1PROD with BILLS
762 

•HR 1947 RH

1 and 11016 of this Act shall be made without regard 

2 to— 

3 (A) the notice and comment provisions of 

4 section 553 of title 5, United States Code; 

5 (A) pursuant to section 553 of title 

6 5, United States Code, including by 

7 interim rules effective on publication 

8 under the authority provided in sub9 paragraph (B) of subsection (b) of 

10 such section if the Secretary deter11 mines such interim rules to be need12 ed and final rules, with an oppor13 tunity for notice and comment, no 

14 later than 21 months after the date of 

15 the enactment of this Act; 

16 (B) without regard to chapter 35 of 

17 title 44, United States Code (commonly known 

18 as the ‘‘Paperwork Reduction Act’’); and 

19 (C) without regard to the Statement 

20 of Policy of the Secretary of Agriculture effec21 tive July 24, 1971 (36 Fed. Reg. 13804), relat22 ing to notices of proposed rulemaking and pub23 lic participation in rulemaking. 

24 (3) CONGRESSIONAL REVIEW OF AGENCY RULE25 MAKING.—In carrying out this subsection, the SecVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6401 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
763 

•HR 1947 RH

1 retary shall use the authority provided under section 

2 808 of title 5, United States Code. 

3 (d) ADJUSTMENT AUTHORITY RELATED TO TRADE

4 AGREEMENTS COMPLIANCE.— 

5 (1) REQUIRED DETERMINATION; ADJUST6 MENT.—If the Secretary determines that expendi7 tures under this title that are subject to the total al8 lowable domestic support levels under the Uruguay 

9 Round Agreements (as defined in section 2 of the 

10 Uruguay Round Agreements Act (19 U.S.C. 3501)) 

11 will exceed the allowable levels for any applicable re12 porting period, the Secretary shall, to the maximum 

13 extent practicable, make adjustments in the amount 

14 of the expenditures during that period to ensure that 

15 the expenditures do not exceed the allowable levels. 

16 (2) CONGRESSIONAL NOTIFICATION.—Before 

17 making any adjustment under paragraph (1), the 

18 Secretary shall submit to the Committee on Agri19 culture of the House of Representatives and the 

20 Committee on Agriculture, Nutrition, and Forestry 

21 of the Senate a report describing the determination 

22 made under that paragraph and the extent of the 

23 adjustment to be made. 


rfrederick on DSK6VPTVN1PROD with BILLS
764 

•HR 1947 RH

1 SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT 

2 AUTHORITY. 

3 (a) AGRICULTURAL ADJUSTMENT ACT OF 1938.— 

4 The following provisions of the Agricultural Adjustment 

5 Act of 1938 shall not be applicable to the 2014 through 

6 2018 crops of covered commodities (as defined in section 

7 1104), cotton, and sugar and shall not be applicable to 

8 milk during the period beginning on the date of enactment 

9 of this Act through December 31, 2018: 

10 (1) Parts II through V of subtitle B of title III 

11 (7 U.S.C. 1326 et seq.). 

12 (2) In the case of upland cotton, section 377 (7 

13 U.S.C. 1377). 

14 (3) Subtitle D of title III (7 U.S.C. 1379a et 

15 seq.). 

16 (4) Title IV (7 U.S.C. 1401 et seq.). 

17 (b) AGRICULTURAL ACT OF 1949.—The following 

18 provisions of the Agricultural Act of 1949 shall not be ap19 plicable to the 2013 through 2018 crops of covered com20 modities (as defined in section 1104), cotton, and sugar 

21 and shall not be applicable to milk during the period be22 ginning on the date of enactment of this Act and through 

23 December 31, 2018: 

24 (1) Section 101 (7 U.S.C. 1441). 

25 (2) Section 103(a) (7 U.S.C. 1444(a)). 

26 (3) Section 105 (7 U.S.C. 1444b). 


rfrederick on DSK6VPTVN1PROD with BILLS
765 

•HR 1947 RH

1 (4) Section 107 (7 U.S.C. 1445a). 

2 (5) Section 110 (7 U.S.C. 1445e). 

3 (6) Section 112 (7 U.S.C. 1445g). 

4 (7) Section 115 (7 U.S.C. 1445k). 

5 (8) Section 201 (7 U.S.C. 1446). 

6 (9) Title III (7 U.S.C. 1447 et seq.). 

7 (10) Title IV (7 U.S.C. 1421 et seq.), other 

8 than sections 404, 412, and 416 (7 U.S.C. 1424, 

9 1429, and 1431). 

10 (11) Title V (7 U.S.C. 1461 et seq.). 

11 (12) Title VI (7 U.S.C. 1471 et seq.). 

12 (c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 

13 The joint resolution entitled ‘‘A joint resolution relating 

14 to corn and wheat marketing quotas under the Agricul15 tural Adjustment Act of 1938, as amended’’, approved 

16 May 26, 1941 (7 U.S.C. 1330, 1340), shall not be applica17 ble to the crops of wheat planted for harvest in the cal18 endar years 2014 through 2018. 

19 SEC. 1603. PAYMENT LIMITATIONS. 

20 (a) IN GENERAL.—Section 1001 of the Food Security 

21 Act of 1985 (7 U.S.C. 1308) is amended by striking sub22 sections (b) and (c) and inserting the following: 

23 ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED COM24 MODITIES (OTHER THAN PEANUTS).— 


rfrederick on DSK6VPTVN1PROD with BILLS
766 

•HR 1947 RH

1 ‘‘(1) IN GENERAL.—The total amount of pay2 ments received, directly or indirectly, by a person or 

3 legal entity (except a joint venture or general part4 nership) for any crop year under section 1101(c) of 

5 the Federal Agriculture Reform and Risk Manage6 ment Act of 2013 and subsections (b) and (c) of sec7 tion 1107 of such Act (other than peanuts) may not 

8 exceed $125,000. 

9 ‘‘(2) ADDITIONAL LIMITATION ON PAYMENTS

10 RELATED TO UPLAND COTTON.—The total amount 

11 of direct payments received, directly or indirectly, by 

12 a person or legal entity (except a joint venture or a 

13 general partnership) for each of the 2014 and 2015 

14 crop years under section 1101(c) of the Federal Ag15 riculture Reform and Risk Management Act of 2013 

16 may not exceed $40,000. 

17 ‘‘(c) LIMITATION ON PAYMENTS FOR PEANUTS.— 

18 The total amount of payments received, directly or indi19 rectly, by a person or legal entity (except a joint venture 

20 or general partnership) for any crop year under subtitle 

21 A of title I of the Federal Agriculture Reform and Risk 

22 Management Act of 2013 for peanuts may not exceed 

23 $125,000.’’. 

24 (b) CONFORMING AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
767 

•HR 1947 RH

1 (1) Section 1001(f) of the Food Security Act of 

2 1985 (7 U.S.C. 1308(f)) is amended by striking ‘‘or 

3 title XII’’ each place it appears in paragraphs (5)(A) 

4 and (6)(A) and inserting ‘‘, title I of the Federal Ag5 riculture Reform and Risk Management Act of 

6 2013, or title XII’’. 

7 (2) Section 1001C(a) of the Food Security Act 

8 of 1985 (7 U.S.C. 1308–3(a)) is amended by insert9 ing ‘‘title I of the Federal Agriculture Reform and 

10 Risk Management Act of 2013,’’ after ‘‘2008,’’. 

11 (c) APPLICATION.—The amendments made by this 

12 section shall apply beginning with the 2014 crop year. 

13 SEC. 1604. ADJUSTED GROSS INCOME LIMITATION. 

14 (a) LIMITATIONS AND COVERED BENEFITS.—Section 

15 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 

16 1308–3a(b)) is amended— 

17 (1) in the subsection heading, by striking ‘‘LIM18 ITATIONS’’ and inserting ‘‘LIMITATIONS ON COM19 MODITY AND CONSERVATION PROGRAMS’’; 

20 (2) by striking paragraphs (1) and (2) and in21 serting the following new paragraphs: 

22 ‘‘(1) LIMITATION.—Notwithstanding any other 

23 provision of law, a person or legal entity shall not 

24 be eligible to receive any benefit described in para25 graph (2) during a crop, fiscal, or program year, as 


rfrederick on DSK6VPTVN1PROD with BILLS
768 

•HR 1947 RH

1 appropriate, if the average adjusted gross income of 

2 the person or legal entity exceeds $950,000. 

3 ‘‘(2) COVERED BENEFITS.—Paragraph (1) ap4 plies with respect to a payment or benefit under sub5 title A, B, or E of title I, or title II of the Federal 

6 Agriculture Reform and Risk Management Act of 

7 2013, title II of the Farm Security and Rural In8 vestment Act of 2002, title II of the Food, Con9 servation, and Energy Act of 2008, title XII of the 

10 Food Security Act of 1985, section 524(b) of the 

11 Federal Crop Insurance Act (7 U.S.C. 1524(b)), or 

12 section 196 of the Federal Agriculture Improvement 

13 and Reform Act of 1996 (7 U.S.C. 7333).’’. 

14 (b) ELIMINATION OF UNUSED DEFINITIONS.—Para15 graph (1) of section 1001D(a) of the Food Security Act 

16 of 1985 (7 U.S.C. 1308–3a(a)) is amended to read as fol17 lows: 

18 ‘‘(1) AVERAGE ADJUSTED GROSS INCOME.—In 

19 this section, the term ‘average adjusted gross in20 come’, with respect to a person or legal entity, 

21 means the average of the adjusted gross income or 

22 comparable measure of the person or legal entity 

23 over the 3 taxable years preceding the most imme24 diately preceding complete taxable year, as deter25 mined by the Secretary.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
769 

•HR 1947 RH

1 (c) INCOME DETERMINATION.—Section 1001D of the 

2 Food Security Act of 1985 (7 U.S.C. 1308–3a) is amend3 ed— 

4 (1) by striking subsection (c); and 

5 (2) by redesignating subsections (d), (e), and 

6 (f) as subsections (c), (d), and (e), respectively. 

7 (d) CONFORMING AMENDMENTS.—Section 1001D of 

8 the Food Security Act of 1985 (7 U.S.C. 1308–3a) is 

9 amended— 

10 (1) in subsection (a)(2)— 

11 (A) by striking ‘‘subparagraph (A) or (B) 

12 of’’; and 

13 (B) by striking ‘‘, the average adjusted 

14 gross farm income, and the average adjusted 

15 gross nonfarm income’’; 

16 (2) in subsection (a)(3), by striking ‘‘, average 

17 adjusted gross farm income, and average adjusted 

18 gross nonfarm income’’ both places it appears; 

19 (3) in subsection (c) (as redesignated by sub20 section (c)(2) of this section)— 

21 (A) in paragraph (1), by striking ‘‘, aver22 age adjusted gross farm income, and average 

23 adjusted gross nonfarm income’’ both places it 

24 appears; and 


rfrederick on DSK6VPTVN1PROD with BILLS
770 

•HR 1947 RH

1 (B) in paragraph (2), by striking ‘‘para2 graphs (1)(C) and (2)(B) of subsection (b)’’ 

3 and inserting ‘‘subsection (b)(2)’’; and 

4 (4) in subsection (d) (as redesignated by sub5 section (c)(2) of this section)— 

6 (A) by striking ‘‘paragraphs (1)(C) and 

7 (2)(B) of subsection (b)’’ and inserting ‘‘sub8 section (b)(2)’’; and 

9 (B) by striking ‘‘, average adjusted gross 

10 farm income, or average adjusted gross non11 farm income’’. 

12 (e) EFFECTIVE PERIOD.—Subsection (e) of section 

13 1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 

14 3a), as redesignated by subsection (c)(2) of this section, 

15 is amended by striking ‘‘2009 through 2012’’ and insert16 ing ‘‘2014 through 2018’’. 

17 (f) LIMITATION ON APPLICABILITY.—Section 

18 1001(d) of the Food Security Act of 1985 (7 U.S.C. 1308) 

19 is amended by inserting before the period at the end the 

20 following: ‘‘or title I of the Federal Agriculture Reform 

21 and Risk Management Act of 2013’’. 

22 (g) TRANSITION.—Section 1001D of the Food Secu23 rity Act of 1985 (7 U.S.C. 1308-3a), as in effect on the 

24 day before the date of the enactment of this Act, shall 

25 apply with respect to the 2013 crop, fiscal, or program 


rfrederick on DSK6VPTVN1PROD with BILLS
771 

•HR 1947 RH

1 year, as appropriate, for each program described in para2 graphs (1)(C) and (2)(B) of subsection (b) of that section 

3 (as so in effect on that day). 

4 SEC. 1605. GEOGRAPHICALLY DISADVANTAGED FARMERS 

5 AND RANCHERS. 

6 Section 1621(d) of the Food, Conservation, and En7 ergy Act of 2008 (7 U.S.C. 8792(d)) is amended by strik8 ing ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFI10 CIENCIES. 

11 Section 164 of the Federal Agriculture Improvement 

12 and Reform Act of 1996 (7 U.S.C. 7284) is amended by 

13 striking ‘‘and title I of the Food, Conservation, and En14 ergy Act of 2008’’ each place it appears and inserting 

15 ‘‘title I of the Food, Conservation, and Energy Act of 

16 2008 (7 U.S.C. 8702 et seq.), and title I of the Federal 

17 Agriculture Reform and Risk Management Act of 2013’’. 

18 SEC. 1607. PREVENTION OF DECEASED INDIVIDUALS RE19 CEIVING PAYMENTS UNDER FARM COM20 MODITY PROGRAMS. 

21 (a) RECONCILIATION.—At least twice each year, the 

22 Secretary shall reconcile social security numbers of all in23 dividuals who receive payments under this title, whether 

24 directly or indirectly, with the Commissioner of Social Se25 curity to determined if the individuals are alive. 


rfrederick on DSK6VPTVN1PROD with BILLS
772 

•HR 1947 RH

1 (b) PRECLUSION.—The Secretary shall preclude the 

2 issuance of payments to, and on behalf of, deceased indi3 viduals that were not eligible for payments. 

4 SEC. 1608. TECHNICAL CORRECTIONS. 

5 (a) MISSING PUNCTUATION.—Section 359f(c)(1)(B) 

6 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 

7 1359ff(c)(1)(B)) is amended by adding a period at the 

8 end. 

9 (b) ERRONEOUS CROSS REFERENCE.— 

10 (1) AMENDMENT.—Section 1603(g) of the 

11 Food, Conservation, and Energy Act of 2008 (Public 

12 Law 110–246; 122 Stat. 1739) is amended in para13 graphs (2) through (6) and the amendments made 

14 by those paragraphs by striking ‘‘1703(a)’’ each 

15 place it appears and inserting ‘‘1603(a)’’. 

16 (2) EFFECTIVE DATE.—This subsection and the 

17 amendments made by this subsection take effect as 

18 if included in the Food, Conservation, and Energy 

19 Act of 2008 (Public Law 110–246; 122 Stat. 1651). 

20 (c) CONTINUED APPLICABILITY OF APPROPRIATIONS

21 GENERAL PROVISION.—Section 767 of division A of Pub22 lic Law 108–7 (7 U.S.C. 7911 note; 117 Stat. 48) is 

23 amended— 

24 (1) in subsection (a)— 


rfrederick on DSK6VPTVN1PROD with BILLS
773 

•HR 1947 RH

1 (A) by striking ‘‘sections 1101 and 1102 of 

2 Public Law 107–171’’ and inserting ‘‘subtitle A 

3 of title I of the Federal Agriculture Reform and 

4 Risk Management Act of 2013’’; and 

5 (B) by striking ‘‘such section 1102’’ and 

6 inserting ‘‘such subtitle’’; and 

7 (2) by striking subsection (b) and inserting the 

8 following new subsection: 

9 ‘‘(b) This section, as amended by section 1608(c) of 

10 the Federal Agriculture Reform and Risk Management 

11 Act of 2013, shall take effect beginning with the 2014 

12 crop year.’’. 

13 SEC. 1609. ASSIGNMENT OF PAYMENTS. 

14 (a) IN GENERAL.—The provisions of section 8(g) of 

15 the Soil Conservation and Domestic Allotment Act (16 

16 U.S.C. 590h(g)), relating to assignment of payments, shall 

17 apply to payments made under this title. 

18 (b) NOTICE.—The producer making the assignment, 

19 or the assignee, shall provide the Secretary with notice, 

20 in such manner as the Secretary may require, of any as21 signment made under this section. 

22 SEC. 1610. TRACKING OF BENEFITS. 

23 As soon as practicable after the date of enactment 

24 of this Act, the Secretary may track the benefits provided, 


rfrederick on DSK6VPTVN1PROD with BILLS
774 

•HR 1947 RH

1 directly or indirectly, to individuals and entities under ti2 tles I and II and the amendments made by those titles. 

3 SEC. 1611. SIGNATURE AUTHORITY. 

4 (a) IN GENERAL.—In carrying out this title and title 

5 II and amendments made by those titles, if the Secretary 

6 approves a document, the Secretary shall not subsequently 

7 determine the document is inadequate or invalid because 

8 of the lack of authority of any person signing the docu9 ment on behalf of the applicant or any other individual, 

10 entity, general partnership, or joint venture, or the docu11 ments relied upon were determined inadequate or invalid, 

12 unless the person signing the program document know13 ingly and willfully falsified the evidence of signature au14 thority or a signature. 

15 (b) AFFIRMATION.— 

16 (1) IN GENERAL.—Nothing in this section pro17 hibits the Secretary from asking a proper party to 

18 affirm any document that otherwise would be consid19 ered approved under subsection (a). 

20 (2) NO RETROACTIVE EFFECT.—A denial of 

21 benefits based on a lack of affirmation under para22 graph (1) shall not be retroactive with respect to 

23 third-party producers who were not the subject of 

24 the erroneous representation of authority, if the 

25 third-party producers— 


rfrederick on DSK6VPTVN1PROD with BILLS
775 

•HR 1947 RH

1 (A) relied on the prior approval by the Sec2 retary of the documents in good faith; and 

3 (B) substantively complied with all pro4 gram requirements. 

5 SEC. 1612. IMPLEMENTATION. 

6 (a) STREAMLINING.—In implementing this title, the 

7 Secretary shall, to the maximum extent practicable— 

8 (1) seek to reduce administrative burdens and 

9 costs to producers by streamlining and reducing pa10 perwork, forms, and other administrative require11 ments; 

12 (2) improve coordination, information sharing, 

13 and administrative work with the Risk Management 

14 Agency and the Natural Resources Conservation 

15 Service; and 

16 (3) take advantage of new technologies to en17 hance efficiency and effectiveness of program deliv18 ery to producers. 

19 (b) MAINTENANCE OF BASE ACRES AND PAYMENT

20 YIELDS.— 

21 (1) IN GENERAL.—The Secretary shall main22 tain through September 30, 2018, for each covered 

23 commodity and upland cotton, base acres and pay24 ment yields on a farm established under— 


rfrederick on DSK6VPTVN1PROD with BILLS
776 

•HR 1947 RH

1 (A)(i) in the case of covered commodities 

2 and upland cotton, sections 1101 and 1102 of 

3 the Farm Security and Rural Investment Act of 

4 2002 (7 U.S.C. 7911, 7912); and 

5 (ii) in the case of peanuts, section 1302 of 

6 that Act (7 U.S.C. 7952); and 

7 (B)(i) in the case of covered commodities 

8 and upland cotton, sections 1101 and 1102 of 

9 the Food, Conservation, and Energy Act of 

10 2008 (7 U.S.C. 8711, 8712); and 

11 (ii) in the case of peanuts, section 1302 of 

12 that Act (7 U.S.C. 8752). 

13 (2) SPECIAL RULE FOR LONG GRAIN AND ME14 DIUM GRAIN RICE.— 

15 (A) IN GENERAL.—The Secretary shall 

16 maintain separate base acres for long grain rice 

17 and medium grain rice. 

18 (B) LIMITATION.—In carrying out this 

19 paragraph, the Secretary shall use the same 

20 total base acres and payment yields established 

21 with respect to rice under sections 1108 of the 

22 Food, Conservation, and Energy Act of 2008 (7 

23 U.S.C. 8718), as in effect on the day before the 

24 date of enactment of this Act, subject to any 

25 adjustment under section 1105. 


rfrederick on DSK6VPTVN1PROD with BILLS
777 

•HR 1947 RH

1 (c) IMPLEMENTATION.—The Secretary shall make 

2 available to the Farm Service Agency to carry out this 

3 title $100,000,000. 

4 TITLE II—CONSERVATION 

5 Subtitle A—Conservation Reserve 

6 Program 

7 SEC. 2001. EXTENSION AND ENROLLMENT REQUIREMENTS 

8 OF CONSERVATION RESERVE PROGRAM. 

9 (a) EXTENSION.—Section 1231(a) of the Food Secu10 rity Act of 1985 (16 U.S.C. 3831(a)) is amended by strik11 ing ‘‘2012’’ and inserting ‘‘2018’’. 

12 (b) ELIGIBLE LAND.—Section 1231(b) of the Food 

13 Security Act of 1985 (16 U.S.C. 3831(b)) is amended— 

14 (1) in paragraph (1)(B), by striking ‘‘the date 

15 of enactment of the Food, Conservation, and Energy 

16 Act of 2008’’ and inserting ‘‘the date of the enact17 ment of the Federal Agriculture Reform and Risk 

18 Management Act of 2013’’; 

19 (2) by striking paragraph (2) and redesignating 

20 paragraph (3) as paragraph (2); 

21 (3) by inserting before paragraph (4) the fol22 lowing new paragraph: 

23 ‘‘(3) grasslands that— 


rfrederick on DSK6VPTVN1PROD with BILLS
778 

•HR 1947 RH

1 ‘‘(A) contain forbs or shrubland (including 

2 improved rangeland and pastureland) for which 

3 grazing is the predominant use; 

4 ‘‘(B) are located in an area historically 

5 dominated by grasslands; and 

6 ‘‘(C) could provide habitat for animal and 

7 plant populations of significant ecological value 

8 if the land is retained in its current use or re9 stored to a natural condition;’’; 

10 (4) in paragraph (4)(C), by striking 

11 ‘‘filterstrips devoted to trees or shrubs’’ and insert12 ing ‘‘filterstrips or riparian buffers devoted to trees, 

13 shrubs, or grasses’’; and 

14 (5) by striking paragraph (5) and inserting the 

15 following new paragraph: 

16 ‘‘(5) the portion of land in a field not enrolled 

17 in the conservation reserve in a case in which— 

18 ‘‘(A) more than 50 percent of the land in 

19 the field is enrolled as a buffer or filterstrip, or 

20 more than 75 percent of the land in the field 

21 is enrolled as a conservation practice other than 

22 as a buffer or filterstrip; and 

23 ‘‘(B) the remainder of the field is— 

24 ‘‘(i) infeasible to farm; and 

25 ‘‘(ii) enrolled at regular rental rates.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
779 

•HR 1947 RH

1 (c) PLANTING STATUS OF CERTAIN LAND.—Section 

2 1231(c) of the Food Security Act of 1985 (16 U.S.C. 

3 3831(c)) is amended by striking ‘‘if’’ and all that follows 

4 through the period at the end and inserting ‘‘if, during 

5 the crop year, the land was devoted to a conserving use.’’. 

6 (d) ENROLLMENT.—Subsection (d) of section 1231 

7 of the Food Security Act of 1985 (16 U.S.C. 3831) is 

8 amended to read as follows: 

9 ‘‘(d) ENROLLMENT.— 

10 ‘‘(1) MAXIMUM ACREAGE ENROLLED.—The 

11 Secretary may maintain in the conservation reserve 

12 at any one time during— 

13 ‘‘(A) fiscal year 2014, no more than 

14 27,500,000 acres; 

15 ‘‘(B) fiscal year 2015, no more than 

16 26,000,000 acres; 

17 ‘‘(C) fiscal year 2016, no more than 

18 25,000,000 acres; 

19 ‘‘(D) fiscal year 2017, no more than 

20 24,000,000 acres; and 

21 ‘‘(E) fiscal year 2018, no more than 

22 24,000,000 acres. 

23 ‘‘(2) GRASSLANDS.— 

24 ‘‘(A) LIMITATION.—For purposes of apply25 ing the limitations in paragraph (1), no more 


rfrederick on DSK6VPTVN1PROD with BILLS
780 

•HR 1947 RH

1 than 2,000,000 acres of the land described in 

2 subsection (b)(3) may be enrolled in the pro3 gram at any one time during the 2014 through 

4 2018 fiscal years. 

5 ‘‘(B) PRIORITY.—In enrolling acres under 

6 subparagraph (A), the Secretary may give pri7 ority to land with expiring conservation reserve 

8 program contracts. 

9 ‘‘(C) METHOD OF ENROLLMENT.—In en10 rolling acres under subparagraph (A), the Sec11 retary shall make the program available to own12 ers or operators of eligible land on a continuous 

13 enrollment basis with one or more ranking peri14 ods.’’. 

15 (e) DURATION OF CONTRACT.—Section 1231(e) of 

16 the Food Security Act of 1985 (16 U.S.C. 3831(e)) is 

17 amended by striking paragraphs (2) and (3) and inserting 

18 the following new paragraph: 

19 ‘‘(2) SPECIAL RULE FOR CERTAIN LAND.—In 

20 the case of land devoted to hardwood trees, 

21 shelterbelts, windbreaks, or wildlife corridors under 

22 a contract entered into under this subchapter, the 

23 owner or operator of the land may, within the limita24 tions prescribed under paragraph (1), specify the du25 ration of the contract.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
781 

•HR 1947 RH

1 (f) CONSERVATION PRIORITY AREAS.—Section 

2 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

3 3831(f)) is amended— 

4 (1) in paragraph (1), by striking ‘‘watershed 

5 areas of the Chesapeake Bay Region, the Great 

6 Lakes Region, the Long Island Sound Region, and 

7 other’’; 

8 (2) in paragraph (2), by striking ‘‘WATER9 SHEDS.—Watersheds’’ and inserting ‘‘AREAS.— 

10 Areas’’; and 

11 (3) in paragraph (3), by striking ‘‘a watershed’s 

12 designation—’’ and all that follows through the pe13 riod at the end and inserting ‘‘an area’s designation 

14 if the Secretary finds that the area no longer con15 tains actual and significant adverse water quality or 

16 habitat impacts related to agricultural production 

17 activities.’’. 

18 SEC. 2002. FARMABLE WETLAND PROGRAM. 

19 (a) EXTENSION.—Section 1231B(a)(1) of the Food 

20 Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amend21 ed— 

22 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

23 and 

24 (2) by striking ‘‘a program’’ and inserting ‘‘a 

25 farmable wetland program’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
782 

•HR 1947 RH

1 (b) ELIGIBLE ACREAGE.—Section 1231B(b)(1)(B) of 

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

3 3831b(b)(1)(B)) is amended by striking ‘‘flow from a row 

4 crop agriculture drainage system’’ and inserting ‘‘surface 

5 and subsurface flow from row crop agricultural produc6 tion’’. 

7 (c) ACREAGE LIMITATION.—Section 1231B(c)(1)(B) 

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

9 3831b(c)(1)(B)) is amended by striking ‘‘1,000,000’’ and 

10 inserting ‘‘750,000’’. 

11 (d) CLERICAL AMENDMENT.—The heading of section 

12 1231B of the Food Security Act of 1985 (16 U.S.C. 

13 3831b) is amended to read as follows: ‘‘FARMABLE WET14 LAND PROGRAM’’. 

15 SEC. 2003. DUTIES OF OWNERS AND OPERATORS. 

16 (a) LIMITATION ON HARVESTING, GRAZING, OR COM17 MERCIAL USE OF FORAGE.—Section 1232(a)(8) of the 

18 Food Security Act of 1985 (16 U.S.C. 3832(a)(8)) is 

19 amended by striking ‘‘except that’’ and all that follows 

20 through the semicolon at the end of the paragraph and 

21 inserting ‘‘except as provided in subsection (b) or (c) of 

22 section 1233;’’. 

23 (b) CONSERVATION PLAN REQUIREMENTS.—Sub24 section (b) of section 1232 of the Food Security Act of 

25 1985 (16 U.S.C. 3832) is amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
783 

•HR 1947 RH

1 ‘‘(b) CONSERVATION PLANS.—The plan referred to 

2 in subsection (a)(1) shall set forth— 

3 ‘‘(1) the conservation measures and practices to 

4 be carried out by the owner or operator during the 

5 term of the contract; and 

6 ‘‘(2) the commercial use, if any, to be permitted 

7 on the land during the term.’’. 

8 (c) RENTAL PAYMENT REDUCTION.—Section 1232 

9 of the Food Security Act of 1985 (16 U.S.C. 3832) is 

10 amended by striking subsection (d). 

11 SEC. 2004. DUTIES OF THE SECRETARY. 

12 Section 1233 of the Food Security Act of 1985 (16 

13 U.S.C. 3833) is amended to read as follows: 

14 ‘‘SEC. 1233. DUTIES OF THE SECRETARY. 

15 ‘‘(a) COST-SHARE AND RENTAL PAYMENTS.—In re16 turn for a contract entered into by an owner or operator 

17 under the conservation reserve program, the Secretary 

18 shall— 

19 ‘‘(1) share the cost of carrying out the con20 servation measures and practices set forth in the 

21 contract for which the Secretary determines that 

22 cost sharing is appropriate and in the public inter23 est; and 


rfrederick on DSK6VPTVN1PROD with BILLS
784 

•HR 1947 RH

1 ‘‘(2) for a period of years not in excess of the 

2 term of the contract, pay an annual rental payment 

3 in an amount necessary to compensate for— 

4 ‘‘(A) the conversion of highly erodible crop5 land or other eligible lands normally devoted to 

6 the production of an agricultural commodity on 

7 a farm or ranch to a less intensive use; 

8 ‘‘(B) the retirement of any base history 

9 that the owner or operator agrees to retire per10 manently; and 

11 ‘‘(C) the development and management of 

12 grasslands for multiple natural resource con13 servation benefits, including to soil, water, air, 

14 and wildlife. 

15 ‘‘(b) SPECIFIED ACTIVITIES PERMITTED.—The Sec16 retary shall permit certain activities or commercial uses 

17 of land that is subject to a contract under the conservation 

18 reserve program in a manner that is consistent with a plan 

19 approved by the Secretary, as follows: 

20 ‘‘(1) Harvesting, grazing, or other commercial 

21 use of the forage in response to a drought or other 

22 emergency created by a natural disaster, without 

23 any reduction in the rental rate. 

24 ‘‘(2) Consistent with the conservation of soil, 

25 water quality, and wildlife habitat (including habitat 


rfrederick on DSK6VPTVN1PROD with BILLS
785 

•HR 1947 RH

1 during nesting seasons for birds in the area), and in 

2 exchange for a reduction of not less than 25 percent 

3 in the annual rental rate for the acres covered by 

4 the authorized activity— 

5 ‘‘(A) managed harvesting and other com6 mercial use (including the managed harvesting 

7 of biomass), except that in permitting managed 

8 harvesting, the Secretary, in coordination with 

9 the State technical committee— 

10 ‘‘(i) shall develop appropriate vegeta11 tion management requirements; and 

12 ‘‘(ii) shall identify periods during 

13 which managed harvesting may be con14 ducted, such that the frequency is not 

15 more than once every three years; 

16 ‘‘(B) routine grazing or prescribed grazing 

17 for the control of invasive species, except that 

18 in permitting such routine grazing or prescribed 

19 grazing, the Secretary, in coordination with the 

20 State technical committee— 

21 ‘‘(i) shall develop appropriate vegeta22 tion management requirements and stock23 ing rates for the land that are suitable for 

24 continued routine grazing; and 


rfrederick on DSK6VPTVN1PROD with BILLS
786 

•HR 1947 RH

1 ‘‘(ii) shall identify the periods during 

2 which routine grazing may be conducted, 

3 such that the frequency is not more than 

4 once every two years, taking into consider5 ation regional differences such as— 

6 ‘‘(I) climate, soil type, and nat7 ural resources; 

8 ‘‘(II) the number of years that 

9 should be required between routine 

10 grazing activities; and 

11 ‘‘(III) how often during a year in 

12 which routine grazing is permitted 

13 that routine grazing should be allowed 

14 to occur; and 

15 ‘‘(C) the installation of wind turbines and 

16 associated access, except that in permitting the 

17 installation of wind turbines, the Secretary shall 

18 determine the number and location of wind tur19 bines that may be installed, taking into ac20 count— 

21 ‘‘(i) the location, size, and other phys22 ical characteristics of the land; 

23 ‘‘(ii) the extent to which the land con24 tains wildlife and wildlife habitat; and 


rfrederick on DSK6VPTVN1PROD with BILLS
787 

•HR 1947 RH

1 ‘‘(iii) the purposes of the conservation 

2 reserve program under this subchapter. 

3 ‘‘(3) The intermittent and seasonal use of vege4 tative buffer practices incidental to agricultural pro5 duction on lands adjacent to the buffer such that the 

6 permitted use does not destroy the permanent vege7 tative cover. 

8 ‘‘(c) AUTHORIZED ACTIVITIES ON GRASSLANDS.— 

9 For eligible land described in section 1231(b)(3), the Sec10 retary shall permit the following activities: 

11 ‘‘(1) Common grazing practices, including 

12 maintenance and necessary cultural practices, on the 

13 land in a manner that is consistent with maintaining 

14 the viability of grassland, forb, and shrub species ap15 propriate to that locality. 

16 ‘‘(2) Haying, mowing, or harvesting for seed 

17 production, subject to appropriate restrictions dur18 ing the nesting season for critical bird species in the 

19 area. 

20 ‘‘(3) Fire presuppression, fire-related rehabilita21 tion, and construction of fire breaks. 

22 ‘‘(4) Grazing-related activities, such as fencing 

23 and livestock watering. 

24 ‘‘(d) RESOURCE CONSERVING USE.— 


rfrederick on DSK6VPTVN1PROD with BILLS
788 

•HR 1947 RH

1 ‘‘(1) IN GENERAL.—Beginning on the date that 

2 is 1 year before the date of termination of a contract 

3 under the program, the Secretary shall allow an 

4 owner or operator to make conservation and land 

5 improvements that facilitate maintaining protection 

6 of enrolled land after expiration of the contract. 

7 ‘‘(2) CONSERVATION PLAN.—The Secretary 

8 shall require an owner or operator carrying out the 

9 activities described in paragraph (1) to develop and 

10 implement a conservation plan. 

11 ‘‘(3) RE-ENROLLMENT PROHIBITED.—Land im12 proved under paragraph (1) may not be re-enrolled 

13 in the conservation reserve program for 5 years after 

14 the date of termination of the contract.’’. 

15 SEC. 2005. PAYMENTS. 

16 (a) TREES, WINDBREAKS, SHELTERBELTS, AND

17 WILDLIFE CORRIDORS.—Section 1234(b)(3)(A) of the 

18 Food Security Act of 1985 (16 U.S.C. 3834(b)(3)(A)) is 

19 amended— 

20 (1) in clause (i), by inserting ‘‘and’’ after the 

21 semicolon; 

22 (2) by striking clause (ii); and 

23 (3) by redesignating clause (iii) as clause (ii). 


rfrederick on DSK6VPTVN1PROD with BILLS
789 

•HR 1947 RH

1 (b) ANNUAL RENTAL PAYMENTS.—Section 1234(c) 

2 of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is 

3 amended— 

4 (1) in paragraph (1), by inserting ‘‘or other eli5 gible lands’’ after ‘‘highly erodible cropland’’ both 

6 places it appears; and 

7 (2) by striking paragraph (2) and inserting the 

8 following new paragraph: 

9 ‘‘(2) METHODS OF DETERMINATION.— 

10 ‘‘(A) IN GENERAL.—The amounts payable 

11 to owners or operators in the form of rental 

12 payments under contracts entered into under 

13 this subchapter may be determined through— 

14 ‘‘(i) the submission of bids for such 

15 contracts by owners and operators in such 

16 manner as the Secretary may prescribe; or 

17 ‘‘(ii) such other means as the Sec18 retary determines are appropriate. 

19 ‘‘(B) GRASSLANDS.—In the case of eligible 

20 land described in section 1231(b)(3), the Sec21 retary shall make annual payments in an 

22 amount that is not more than 75 percent of the 

23 grazing value of the land covered by the con24 tract.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
790 

•HR 1947 RH

1 (c) PAYMENT SCHEDULE.—Subsection (d) of section 

2 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) 

3 is amended to read as follows: 

4 ‘‘(d) PAYMENT SCHEDULE.— 

5 ‘‘(1) IN GENERAL.—Except as otherwise pro6 vided in this section, payments under this sub7 chapter shall be made in cash in such amount and 

8 on such time schedule as is agreed on and specified 

9 in the contract. 

10 ‘‘(2) ADVANCE PAYMENT.—Payments under 

11 this subchapter may be made in advance of deter12 mination of performance.’’. 

13 (d) PAYMENT LIMITATION.—Section 1234(f) of the 

14 Food Security Act of 1985 (16 U.S.C. 3834(f)) is amend15 ed— 

16 (1) in paragraph (1), by striking ‘‘, including 

17 rental payments made in the form of in-kind com18 modities,’’; 

19 (2) by striking paragraph (3); and 

20 (3) by redesignating paragraph (4) as para21 graph (2). 

22 SEC. 2006. CONTRACT REQUIREMENTS. 

23 (a) EARLY TERMINATION BY OWNER OR OPER24 ATOR.—Section 1235(e) of the Food Security Act of 1985 

25 (16 U.S.C. 3835(e)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
791 

•HR 1947 RH

1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘The Secretary’’ and in3 serting ‘‘During fiscal year 2014, the Sec4 retary’’; and 

5 (B) by striking ‘‘before January 1, 1995,’’; 

6 (2) in paragraph (2), by striking subparagraph 

7 (C) and inserting the following: 

8 ‘‘(C) Land devoted to hardwood trees. 

9 ‘‘(D) Wildlife habitat, duck nesting habi10 tat, pollinator habitat, upland bird habitat buff11 er, wildlife food plots, State acres for wildlife 

12 enhancement, shallow water areas for wildlife, 

13 and rare and declining habitat. 

14 ‘‘(E) Farmable wetland and restored wet15 land. 

16 ‘‘(F) Land that contains diversions, ero17 sion control structures, flood control structures, 

18 contour grass strips, living snow fences, salinity 

19 reducing vegetation, cross wind trap strips, and 

20 sediment retention structures. 

21 ‘‘(G) Land located within a federally-des22 ignated wellhead protection area. 

23 ‘‘(H) Land that is covered by an easement 

24 under the conservation reserve program. 


rfrederick on DSK6VPTVN1PROD with BILLS
792 

•HR 1947 RH

1 ‘‘(I) Land located within an average width, 

2 according to the applicable Natural Resources 

3 Conservation Service field office technical guide, 

4 of a perennial stream or permanent water 

5 body.’’; and 

6 (3) in paragraph (3), by striking ‘‘60 days after 

7 the date on which the owner or operator submits the 

8 notice required under paragraph (1)(C)’’ and insert9 ing ‘‘upon approval by the Secretary’’. 

10 (b) TRANSITION OPTION FOR CERTAIN FARMERS OR

11 RANCHERS.—Section 1235(f) of the Food Security Act of 

12 1985 (16 U.S.C. 3835(f)) is amended— 

13 (1) in paragraph (1)— 

14 (A) in the matter preceding subparagraph 

15 (A), by striking ‘‘DUTIES’’ and all that follows 

16 through ‘‘a beginning farmer’’ and inserting 

17 ‘‘TRANSITION TO COVERED FARMER OR RANCH18 ER.—In the case of a contract modification ap19 proved in order to facilitate the transfer of land 

20 subject to a contract from a retired farmer or 

21 rancher to a beginning farmer’’; 

22 (B) in subparagraph (A)(i), by inserting ‘‘, 

23 including preparing to plant an agricultural 

24 crop’’ after ‘‘improvements’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
793 

•HR 1947 RH

1 (C) in subparagraph (D), by striking ‘‘the 

2 farmer or rancher’’ and inserting ‘‘the covered 

3 farmer or rancher’’; and 

4 (D) in subparagraph (E), by striking ‘‘sec5 tion 1001A(b)(3)(B)’’ and inserting ‘‘section 

6 1001’’; and 

7 (2) in paragraph (2), by striking ‘‘requirement 

8 of section 1231(h)(4)(B)’’ and inserting ‘‘option pur9 suant to section 1234(c)(2)(A)(ii)’’. 

10 (c) FINAL YEAR CONTRACT.—Section 1235 of the 

11 Food Security Act of 1985 (16 U.S.C. 3835) is amended 

12 by adding at the end the following new subsections: 

13 ‘‘(g) FINAL YEAR OF CONTRACT.—The Secretary 

14 shall not consider an owner or operator to be in violation 

15 of a term or condition of the conservation reserve contract 

16 if— 

17 ‘‘(1) during the year prior to expiration of the 

18 contract, the land is enrolled in the conservation 

19 stewardship program; and 

20 ‘‘(2) the activity required under the conserva21 tion stewardship program pursuant to such enroll22 ment is consistent with this subchapter. 

23 ‘‘(h) LAND ENROLLED IN AGRICULTURAL CON24 SERVATION EASEMENT PROGRAM.—The Secretary may 

25 terminate or modify a contract entered into under this 


rfrederick on DSK6VPTVN1PROD with BILLS
794 

•HR 1947 RH

1 subchapter if eligible land that is subject to such contract 

2 is transferred into the agricultural conservation easement 

3 program under subtitle H.’’. 

4 SEC. 2007. CONVERSION OF LAND SUBJECT TO CONTRACT 

5 TO OTHER CONSERVING USES. 

6 Section 1235A of the Food Security Act of 1985 (16 

7 U.S.C. 3835a) is repealed. 

8 SEC. 2008. EFFECTIVE DATE. 

9 (a) IN GENERAL.—The amendments made by this 

10 subtitle shall take effect on October 1, 2013, except the 

11 amendment made by section 2001(d), which shall take ef12 fect on the date of the enactment of this Act. 

13 (b) EFFECT ON EXISTING CONTRACTS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this subtitle 

16 shall not affect the validity or terms of any contract 

17 entered into by the Secretary of Agriculture under 

18 subchapter B of chapter 1 of subtitle D of title XII 

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

20 et seq.) before October 1, 2013, or any payments re21 quired to be made in connection with the contract. 

22 (2) UPDATING OF EXISTING CONTRACTS.—The 

23 Secretary shall permit an owner or operator of land 

24 subject to a contract entered into under subchapter 

25 B of chapter 1 of subtitle D of title XII of the Food 


rfrederick on DSK6VPTVN1PROD with BILLS
795 

•HR 1947 RH

1 Security Act of 1985 (16 U.S.C. 3831 et seq.) be2 fore October 1, 2013, to update the contract to re3 flect the activities and uses of land under contract 

4 permitted under the terms and conditions of section 

5 1233(b) of that Act (as amended by section 2004), 

6 as determined appropriate by the Secretary. 

7 Subtitle B—Conservation 

8 Stewardship Program 

9 SEC. 2101. CONSERVATION STEWARDSHIP PROGRAM. 

10 (a) REVISION OF CURRENT PROGRAM.—Subchapter 

11 B of chapter 2 of subtitle D of title XII of the Food Secu12 rity Act of 1985 (16 U.S.C. 3838d et seq.) is amended 

13 to read as follows: 

14 ‘‘Subchapter B—Conservation Stewardship 

15 Program 

16 ‘‘SEC. 1238D. DEFINITIONS. 

17 ‘‘In this subchapter: 

18 ‘‘(1) AGRICULTURAL OPERATION.—The term 

19 ‘agricultural operation’ means all eligible land, 

20 whether or not contiguous, that is— 

21 ‘‘(A) under the effective control of a pro22 ducer at the time the producer enters into a 

23 contract under the program; and 

24 ‘‘(B) operated with equipment, labor, man25 agement, and production or cultivation pracVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
796 

•HR 1947 RH

1 tices that are substantially separate from other 

2 agricultural operations, as determined by the 

3 Secretary. 

4 ‘‘(2) CONSERVATION ACTIVITIES.— 

5 ‘‘(A) IN GENERAL.—The term ‘conserva6 tion activities’ means conservation systems, 

7 practices, or management measures. 

8 ‘‘(B) INCLUSIONS.—The term ‘conserva9 tion activities’ includes— 

10 ‘‘(i) structural measures, vegetative 

11 measures, and land management measures, 

12 including agriculture drainage manage13 ment systems, as determined by the Sec14 retary; and 

15 ‘‘(ii) planning needed to address a pri16 ority resource concern. 

17 ‘‘(3) CONSERVATION STEWARDSHIP PLAN.— 

18 The term ‘conservation stewardship plan’ means a 

19 plan that— 

20 ‘‘(A) identifies and inventories priority re21 source concerns; 

22 ‘‘(B) establishes benchmark data and con23 servation objectives; 

24 ‘‘(C) describes conservation activities to be 

25 implemented, managed, or improved; and 


rfrederick on DSK6VPTVN1PROD with BILLS
797 

•HR 1947 RH

1 ‘‘(D) includes a schedule and evaluation 

2 plan for the planning, installation, and manage3 ment of the new and existing conservation ac4 tivities. 

5 ‘‘(4) ELIGIBLE LAND.— 

6 ‘‘(A) IN GENERAL.—The term ‘eligible 

7 land’ means— 

8 ‘‘(i) private or tribal land on which 

9 agricultural commodities, livestock, or for10 est-related products are produced; and 

11 ‘‘(ii) lands associated with the land 

12 described in clause (i) on which priority re13 source concerns could be addressed 

14 through a contract under the program. 

15 ‘‘(B) INCLUSIONS.—The term ‘eligible 

16 land’ includes— 

17 ‘‘(i) cropland; 

18 ‘‘(ii) grassland; 

19 ‘‘(iii) rangeland; 

20 ‘‘(iv) pasture land; 

21 ‘‘(v) nonindustrial private forest land; 

22 and 

23 ‘‘(vi) other agricultural areas (includ24 ing cropped woodland, marshes, and agri25 cultural land used or capable of being used 


rfrederick on DSK6VPTVN1PROD with BILLS
798 

•HR 1947 RH

1 for the production of livestock), as deter2 mined by the Secretary. 

3 ‘‘(5) PRIORITY RESOURCE CONCERN.—The 

4 term ‘priority resource concern’ means a natural re5 source concern or problem, as determined by the 

6 Secretary, that— 

7 ‘‘(A) is identified at the national, State, or 

8 local level as a priority for a particular area of 

9 a State; 

10 ‘‘(B) represents a significant concern in a 

11 State or region; and 

12 ‘‘(C) is likely to be addressed successfully 

13 through the implementation of conservation ac14 tivities under this program. 

15 ‘‘(6) PROGRAM.—The term ‘program’ means 

16 the conservation stewardship program established by 

17 this subchapter. 

18 ‘‘(7) STEWARDSHIP THRESHOLD.—The term 

19 ‘stewardship threshold’ means the level of manage20 ment required, as determined by the Secretary, to 

21 conserve and improve the quality and condition of a 

22 natural resource. 

23 ‘‘SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM. 

24 ‘‘(a) ESTABLISHMENT AND PURPOSE.—During each 

25 of fiscal years 2014 through 2018, the Secretary shall 


rfrederick on DSK6VPTVN1PROD with BILLS
799 

•HR 1947 RH

1 carry out a conservation stewardship program to encour2 age producers to address priority resource concerns in a 

3 comprehensive manner— 

4 ‘‘(1) by undertaking additional conservation ac5 tivities; and 

6 ‘‘(2) by improving, maintaining, and managing 

7 existing conservation activities. 

8 ‘‘(b) EXCLUSIONS.— 

9 ‘‘(1) LAND ENROLLED IN OTHER CONSERVA10 TION PROGRAMS.—Subject to paragraph (2), the fol11 lowing land (even if covered by the definition of eli12 gible land) is not eligible for enrollment in the pro13 gram: 

14 ‘‘(A) Land enrolled in the conservation re15 serve program, unless— 

16 ‘‘(i) the conservation reserve contract 

17 will expire at the end of the fiscal year in 

18 which the land is to be enrolled in the pro19 gram; and 

20 ‘‘(ii) conservation reserve program 

21 payments for land enrolled in the program 

22 cease before the first program payment is 

23 made to the applicant under this sub24 chapter. 


rfrederick on DSK6VPTVN1PROD with BILLS
800 

•HR 1947 RH

1 ‘‘(B) Land enrolled in a wetland easement 

2 through the agricultural conservation easement 

3 program. 

4 ‘‘(C) Land enrolled in the conservation se5 curity program. 

6 ‘‘(2) CONVERSION TO CROPLAND.—Eligible 

7 land used for crop production after October 1, 2013, 

8 that had not been planted, considered to be planted, 

9 or devoted to crop production for at least 4 of the 

10 6 years preceding that date shall not be the basis for 

11 any payment under the program, unless the land 

12 does not meet the requirement because— 

13 ‘‘(A) the land had previously been enrolled 

14 in the conservation reserve program; 

15 ‘‘(B) the land has been maintained using 

16 long-term crop rotation practices, as determined 

17 by the Secretary; or 

18 ‘‘(C) the land is incidental land needed for 

19 efficient operation of the farm or ranch, as de20 termined by the Secretary. 

21 ‘‘SEC. 1238F. STEWARDSHIP CONTRACTS. 

22 ‘‘(a) SUBMISSION OF CONTRACT OFFERS.—To be eli23 gible to participate in the conservation stewardship pro24 gram, a producer shall submit to the Secretary a contract 

25 offer for the agricultural operation that— 


rfrederick on DSK6VPTVN1PROD with BILLS
801 

•HR 1947 RH

1 ‘‘(1) demonstrates to the satisfaction of the 

2 Secretary that the producer, at the time of the con3 tract offer, meets or exceeds the stewardship thresh4 old for at least 2 priority resource concerns; and 

5 ‘‘(2) would, at a minimum, meet or exceed the 

6 stewardship threshold for at least 1 additional pri7 ority resource concern by the end of the stewardship 

8 contract by— 

9 ‘‘(A) installing and adopting additional 

10 conservation activities; and 

11 ‘‘(B) improving, maintaining, and man12 aging existing conservation activities across the 

13 entire agricultural operation in a manner that 

14 increases or extends the conservation benefits in 

15 place at the time the contract offer is accepted 

16 by the Secretary. 

17 ‘‘(b) EVALUATION OF CONTRACT OFFERS.— 

18 ‘‘(1) RANKING OF APPLICATIONS.—In evalu19 ating contract offers submitted under subsection (a), 

20 the Secretary shall rank applications based on— 

21 ‘‘(A) the level of conservation treatment on 

22 all applicable priority resource concerns at the 

23 time of application; 


rfrederick on DSK6VPTVN1PROD with BILLS
802 

•HR 1947 RH

1 ‘‘(B) the degree to which the proposed con2 servation activities effectively increase conserva3 tion performance; 

4 ‘‘(C) the number of applicable priority re5 source concerns proposed to be treated to meet 

6 or exceed the stewardship threshold by the end 

7 of the contract; 

8 ‘‘(D) the extent to which other priority re9 source concerns will be addressed to meet or ex10 ceed the stewardship threshold by the end of 

11 the contract period; 

12 ‘‘(E) the extent to which the actual and 

13 anticipated conservation benefits from the con14 tract are provided at the least cost relative to 

15 other similarly beneficial contract offers; and 

16 ‘‘(F) the extent to which priority resource 

17 concerns will be addressed when transitioning 

18 from the conservation reserve program to agri19 cultural production. 

20 ‘‘(2) PROHIBITION.—The Secretary may not as21 sign a higher priority to any application because the 

22 applicant is willing to accept a lower payment than 

23 the applicant would otherwise be eligible to receive. 

24 ‘‘(3) ADDITIONAL CRITERIA.—The Secretary 

25 may develop and use such additional criteria that 


rfrederick on DSK6VPTVN1PROD with BILLS
803 

•HR 1947 RH

1 the Secretary determines are necessary to ensure 

2 that national, State, and local priority resource con3 cerns are effectively addressed. 

4 ‘‘(c) ENTERING INTO CONTRACTS.—After a deter5 mination that a producer is eligible for the program under 

6 subsection (a), and a determination that the contract offer 

7 ranks sufficiently high under the evaluation criteria under 

8 subsection (b), the Secretary shall enter into a conserva9 tion stewardship contract with the producer to enroll the 

10 eligible land to be covered by the contract. 

11 ‘‘(d) CONTRACT PROVISIONS.— 

12 ‘‘(1) TERM.—A conservation stewardship con13 tract shall be for a term of 5 years. 

14 ‘‘(2) REQUIRED PROVISIONS.—The conservation 

15 stewardship contract of a producer shall— 

16 ‘‘(A) state the amount of the payment the 

17 Secretary agrees to make to the producer for 

18 each year of the conservation stewardship con19 tract under section 1238G(d); 

20 ‘‘(B) require the producer— 

21 ‘‘(i) to implement a conservation stew22 ardship plan that describes the program 

23 purposes to be achieved through 1 or more 

24 conservation activities; 


rfrederick on DSK6VPTVN1PROD with BILLS
804 

•HR 1947 RH

1 ‘‘(ii) to maintain and supply informa2 tion as required by the Secretary to deter3 mine compliance with the conservation 

4 stewardship plan and any other require5 ments of the program; and 

6 ‘‘(iii) not to conduct any activities on 

7 the agricultural operation that would tend 

8 to defeat the purposes of the program; 

9 ‘‘(C) permit all economic uses of the eligi10 ble land that— 

11 ‘‘(i) maintain the agricultural nature 

12 of the land; and 

13 ‘‘(ii) are consistent with the conserva14 tion purposes of the conservation steward15 ship contract; 

16 ‘‘(D) include a provision to ensure that a 

17 producer shall not be considered in violation of 

18 the contract for failure to comply with the con19 tract due to circumstances beyond the control 

20 of the producer, including a disaster or related 

21 condition, as determined by the Secretary; 

22 ‘‘(E) include provisions requiring that 

23 upon the violation of a term or condition of the 

24 contract at any time the producer has control 

25 of the land— 


rfrederick on DSK6VPTVN1PROD with BILLS
805 

•HR 1947 RH

1 ‘‘(i) if the Secretary determines that 

2 the violation warrants termination of the 

3 contract— 

4 ‘‘(I) the producer shall forfeit all 

5 rights to receive payments under the 

6 contract; and 

7 ‘‘(II) the producer shall refund 

8 all or a portion of the payments re9 ceived by the producer under the con10 tract, including any interest on the 

11 payments, as determined by the Sec12 retary; or 

13 ‘‘(ii) if the Secretary determines that 

14 the violation does not warrant termination 

15 of the contract, the producer shall refund 

16 or accept adjustments to the payments 

17 provided to the producer, as the Secretary 

18 determines to be appropriate; 

19 ‘‘(F) include provisions in accordance with 

20 paragraphs (3) and (4) of this section; and 

21 ‘‘(G) include any additional provisions the 

22 Secretary determines are necessary to carry out 

23 the program. 

24 ‘‘(3) CHANGE OF INTEREST IN LAND SUBJECT

25 TO A CONTRACT.— 


rfrederick on DSK6VPTVN1PROD with BILLS
806 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—At the time of appli2 cation, a producer shall have control of the eli3 gible land to be enrolled in the program. Except 

4 as provided in subparagraph (B), a change in 

5 the interest of a producer in eligible land cov6 ered by a contract under the program shall re7 sult in the termination of the contract with re8 gard to that land. 

9 ‘‘(B) TRANSFER OF DUTIES AND

10 RIGHTS.—Subparagraph (A) shall not apply 

11 if— 

12 ‘‘(i) within a reasonable period of time 

13 (as determined by the Secretary) after the 

14 date of the change in the interest in eligi15 ble land covered by a contract under the 

16 program, the transferee of the land pro17 vides written notice to the Secretary that 

18 all duties and rights under the contract 

19 have been transferred to, and assumed by, 

20 the transferee for the portion of the land 

21 transferred; 

22 ‘‘(ii) the transferee meets the eligi23 bility requirements of the program; and 


rfrederick on DSK6VPTVN1PROD with BILLS
807 

•HR 1947 RH

1 ‘‘(iii) the Secretary approves the 

2 transfer of all duties and rights under the 

3 contract. 

4 ‘‘(4) MODIFICATION AND TERMINATION OF

5 CONTRACTS.— 

6 ‘‘(A) VOLUNTARY MODIFICATION OR TER7 MINATION.—The Secretary may modify or ter8 minate a contract with a producer if— 

9 ‘‘(i) the producer agrees to the modi10 fication or termination; and 

11 ‘‘(ii) the Secretary determines that 

12 the modification or termination is in the 

13 public interest. 

14 ‘‘(B) INVOLUNTARY TERMINATION.—The 

15 Secretary may terminate a contract if the Sec16 retary determines that the producer violated the 

17 contract. 

18 ‘‘(5) REPAYMENT.—If a contract is terminated, 

19 the Secretary may, consistent with the purposes of 

20 the program— 

21 ‘‘(A) allow the producer to retain payments 

22 already received under the contract; or 

23 ‘‘(B) require repayment, in whole or in 

24 part, of payments received and assess liquidated 

25 damages. 


rfrederick on DSK6VPTVN1PROD with BILLS
808 

•HR 1947 RH

1 ‘‘(e) CONTRACT RENEWAL.—At the end of the initial 

2 5-year contract period, the Secretary may allow the pro3 ducer to renew the contract for 1 additional 5-year period 

4 if the producer— 

5 ‘‘(1) demonstrates compliance with the terms of 

6 the initial contract; 

7 ‘‘(2) agrees to adopt and continue to integrate 

8 conservation activities across the entire agricultural 

9 operation, as determined by the Secretary; and 

10 ‘‘(3) agrees, by the end of the contract period— 

11 ‘‘(A) to meet the stewardship threshold of 

12 at least two additional priority resource con13 cerns on the agricultural operation; or 

14 ‘‘(B) to exceed the stewardship threshold 

15 of two existing priority resource concerns that 

16 are specified by the Secretary in the initial con17 tract. 

18 ‘‘SEC. 1238G. DUTIES OF THE SECRETARY. 

19 ‘‘(a) IN GENERAL.—To achieve the conservation 

20 goals of a contract under the conservation stewardship 

21 program, the Secretary shall— 

22 ‘‘(1) make the program available to eligible pro23 ducers on a continuous enrollment basis with 1 or 

24 more ranking periods, one of which shall occur in 

25 the first quarter of each fiscal year; 


rfrederick on DSK6VPTVN1PROD with BILLS
809 

•HR 1947 RH

1 ‘‘(2) identify not less than 5 priority resource 

2 concerns in a particular watershed or other appro3 priate region or area within a State; and 

4 ‘‘(3) establish a science-based stewardship 

5 threshold for each priority resource concern identi6 fied under paragraph (2). 

7 ‘‘(b) ALLOCATION TO STATES.—The Secretary shall 

8 allocate acres to States for enrollment, based— 

9 ‘‘(1) primarily on each State’s proportion of eli10 gible land to the total acreage of eligible land in all 

11 States; and 

12 ‘‘(2) also on consideration of— 

13 ‘‘(A) the extent and magnitude of the con14 servation needs associated with agricultural 

15 production in each State; 

16 ‘‘(B) the degree to which implementation 

17 of the program in the State is, or will be, effec18 tive in helping producers address those needs; 

19 and 

20 ‘‘(C) other considerations to achieve equi21 table geographic distribution of funds, as deter22 mined by the Secretary. 

23 ‘‘(c) ACREAGE ENROLLMENT LIMITATION.—During 

24 the period beginning on October 1, 2013, and ending on 


rfrederick on DSK6VPTVN1PROD with BILLS
810 

•HR 1947 RH

1 September 30, 2021, the Secretary shall, to the maximum 

2 extent practicable— 

3 ‘‘(1) enroll in the program an additional 

4 8,695,000 acres for each fiscal year; and 

5 ‘‘(2) manage the program to achieve a national 

6 average rate of $18 per acre, which shall include the 

7 costs of all financial assistance, technical assistance, 

8 and any other expenses associated with enrollment 

9 or participation in the program. 

10 ‘‘(d) CONSERVATION STEWARDSHIP PAYMENTS.— 

11 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec12 retary shall provide annual payments under the pro13 gram to compensate the producer for— 

14 ‘‘(A) installing and adopting additional 

15 conservation activities; and 

16 ‘‘(B) improving, maintaining, and man17 aging conservation activities in place at the ag18 ricultural operation of the producer at the time 

19 the contract offer is accepted by the Secretary. 

20 ‘‘(2) PAYMENT AMOUNT.—The amount of the 

21 conservation stewardship annual payment shall be 

22 determined by the Secretary and based, to the max23 imum extent practicable, on the following factors: 

24 ‘‘(A) Costs incurred by the producer asso25 ciated with planning, design, materials, installaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
811 

•HR 1947 RH

1 tion, labor, management, maintenance, or train2 ing. 

3 ‘‘(B) Income forgone by the producer. 

4 ‘‘(C) Expected conservation benefits. 

5 ‘‘(D) The extent to which priority resource 

6 concerns will be addressed through the installa7 tion and adoption of conservation activities on 

8 the agricultural operation. 

9 ‘‘(E) The level of stewardship in place at 

10 the time of application and maintained over the 

11 term of the contract. 

12 ‘‘(F) The degree to which the conservation 

13 activities will be integrated across the entire ag14 ricultural operation for all applicable priority 

15 resource concerns over the term of the contract. 

16 ‘‘(G) Such other factors as determined ap17 propriate by the Secretary. 

18 ‘‘(3) EXCLUSIONS.—A payment to a producer 

19 under this subsection shall not be provided for— 

20 ‘‘(A) the design, construction, or mainte21 nance of animal waste storage or treatment fa22 cilities or associated waste transport or transfer 

23 devices for animal feeding operations; or 


rfrederick on DSK6VPTVN1PROD with BILLS
812 

•HR 1947 RH

1 ‘‘(B) conservation activities for which there 

2 is no cost incurred or income forgone to the 

3 producer. 

4 ‘‘(4) DELIVERY OF PAYMENTS.—In making 

5 payments under this subsection, the Secretary shall, 

6 to the extent practicable— 

7 ‘‘(A) prorate conservation performance 

8 over the term of the contract so as to accommo9 date, to the extent practicable, producers earn10 ing equal annual payments in each fiscal year; 

11 and 

12 ‘‘(B) make payments as soon as prac13 ticable after October 1 of each fiscal year for 

14 activities carried out in the previous fiscal year. 

15 ‘‘(e) SUPPLEMENTAL PAYMENTS FOR RESOURCE16 CONSERVING CROP ROTATIONS.— 

17 ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec18 retary shall provide additional payments to pro19 ducers that, in participating in the program, agree 

20 to adopt or improve resource-conserving crop rota21 tions to achieve beneficial crop rotations as appro22 priate for the eligible land of the producers. 

23 ‘‘(2) BENEFICIAL CROP ROTATIONS.—The Sec24 retary shall determine whether a resource-conserving 

25 crop rotation is a beneficial crop rotation eligible for 


rfrederick on DSK6VPTVN1PROD with BILLS
813 

•HR 1947 RH

1 additional payments under paragraph (1) based on 

2 whether the resource-conserving crop rotation is de3 signed to provide natural resource conservation and 

4 production benefits. 

5 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

6 payment described in paragraph (1), a producer 

7 shall agree to adopt and maintain beneficial re8 source-conserving crop rotations for the term of the 

9 contract. 

10 ‘‘(4) RESOURCE-CONSERVING CROP ROTA11 TION.—In this subsection, the term ‘resource-con12 serving crop rotation’ means a crop rotation that— 

13 ‘‘(A) includes at least 1 resource con14 serving crop (as defined by the Secretary); 

15 ‘‘(B) reduces erosion; 

16 ‘‘(C) improves soil fertility and tilth; 

17 ‘‘(D) interrupts pest cycles; and 

18 ‘‘(E) in applicable areas, reduces depletion 

19 of soil moisture or otherwise reduces the need 

20 for irrigation. 

21 ‘‘(f) PAYMENT LIMITATIONS.—A person or legal enti22 ty may not receive, directly or indirectly, payments under 

23 the program that, in the aggregate, exceed $200,000 

24 under all contracts entered into during fiscal years 2013 

25 through 2017, excluding funding arrangements with InVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
814 

•HR 1947 RH

1 dian tribes, regardless of the number of contracts entered 

2 into under the program by the person or legal entity. 

3 ‘‘(g) SPECIALTY CROP AND ORGANIC PRODUCERS.— 

4 The Secretary shall ensure that outreach and technical as5 sistance are available, and program specifications are ap6 propriate to enable specialty crop and organic producers 

7 to participate in the program. 

8 ‘‘(h) COORDINATION WITH ORGANIC CERTIFI9 CATION.—The Secretary shall establish a transparent 

10 means by which producers may initiate organic certifi11 cation under the Organic Foods Production Act of 1990 

12 (7 U.S.C. 6501 et seq.) while participating in a contract 

13 under the program. 

14 ‘‘(i) REGULATIONS.—The Secretary shall promulgate 

15 regulations that— 

16 ‘‘(1) prescribe such other rules as the Secretary 

17 determines to be necessary to ensure a fair and rea18 sonable application of the limitations established 

19 under subsection (f); and 

20 ‘‘(2) otherwise enable the Secretary to carry out 

21 the program.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall take effect on October 1, 2013. 

24 (c) EFFECT ON EXISTING CONTRACTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
815 

•HR 1947 RH

1 (1) IN GENERAL.—The amendment made by 

2 this section shall not affect the validity or terms of 

3 any contract entered into by the Secretary of Agri4 culture under subchapter B of chapter 2 of subtitle 

5 D of title XII of the Food Security Act of 1985 (16 

6 U.S.C. 3838d et seq.) before October 1, 2013, or 

7 any payments required to be made in connection 

8 with the contract. 

9 (2) CONSERVATION STEWARDSHIP PROGRAM.— 

10 Funds made available under section 1241(a)(4) of 

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

12 3841(a)(4)) (as amended by section 2601(a) of this 

13 title) may be used to administer and make payments 

14 to program participants that enrolled into contracts 

15 during any of fiscal years 2009 through 2013. 

16 Subtitle C—Environmental Quality 

17 Incentives Program 

18 SEC. 2201. PURPOSES. 

19 Section 1240 of the Food Security Act of 1985 (16 

20 U.S.C. 3839aa) is amended— 

21 (1) in paragraph (3)— 

22 (A) in subparagraph (A), by striking 

23 ‘‘and’’ at the end; 


rfrederick on DSK6VPTVN1PROD with BILLS
816 

•HR 1947 RH

1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C) and, in such subparagraph, 

3 by inserting ‘‘and’’ after the semicolon; and 

4 (C) by inserting after subparagraph (A) 

5 the following new subparagraph: 

6 ‘‘(B) developing and improving wildlife 

7 habitat; and’’; 

8 (2) in paragraph (4), by striking ‘‘; and’’ and 

9 inserting a period; and 

10 (3) by striking paragraph (5). 

11 SEC. 2202. ESTABLISHMENT AND ADMINISTRATION. 

12 Section 1240B of the Food Security Act of 1985 (16 

13 U.S.C. 3839aa–2) is amended— 

14 (1) in subsection (a), by striking ‘‘2014’’ and 

15 inserting ‘‘2018’’; 

16 (2) in subsection (b), by striking paragraph (2) 

17 and inserting the following new paragraph: 

18 ‘‘(2) TERM.—A contract under the program 

19 shall have a term that does not exceed 10 years.’’; 

20 (3) in subsection (d)(4)— 

21 (A) in subparagraph (A), in the matter 

22 preceding clause (i), by inserting ‘‘, veteran 

23 farmer or rancher (as defined in section 

24 2501(e) of the Food, Agriculture, Conservation, 


rfrederick on DSK6VPTVN1PROD with BILLS
817 

•HR 1947 RH

1 and Trade Act of 1990 (7 U.S.C. 2279(e))),’’ 

2 before ‘‘or a beginning farmer or rancher’’; and 

3 (B) by striking subparagraph (B) and in4 serting the following new subparagraph: 

5 ‘‘(B) ADVANCE PAYMENTS.— 

6 ‘‘(i) IN GENERAL.—Not more than 50 

7 percent of the amount determined under 

8 subparagraph (A) may be provided in ad9 vance for the purpose of purchasing mate10 rials or contracting. 

11 ‘‘(ii) RETURN OF FUNDS.—If funds 

12 provided in advance are not expended dur13 ing the 90-day period beginning on the 

14 date of receipt of the funds, the funds shall 

15 be returned within a reasonable time 

16 frame, as determined by the Secretary.’’; 

17 (4) by striking subsection (f) and inserting the 

18 following new subsection: 

19 ‘‘(f) ALLOCATION OF FUNDING.— 

20 ‘‘(1) LIVESTOCK.—For each of fiscal years 

21 2014 through 2018, at least 60 percent of the funds 

22 made available for payments under the program 

23 shall be targeted at practices relating to livestock 

24 production. 


rfrederick on DSK6VPTVN1PROD with BILLS
818 

•HR 1947 RH

1 ‘‘(2) WILDLIFE HABITAT.—For each of fiscal 

2 years 2014 through 2018, 5 percent of the funds 

3 made available for payments under the program 

4 shall be targeted at practices benefitting wildlife 

5 habitat.’’; 

6 (5) in subsection (g)— 

7 (A) in the subsection heading, by striking 

8 ‘‘FEDERALLY RECOGNIZED NATIVE AMERICAN

9 INDIAN TRIBES AND ALASKA NATIVE COR10 PORATIONS’’ and inserting ‘‘INDIAN TRIBES’’; 

11 (B) by striking ‘‘federally recognized Na12 tive American Indian Tribes and Alaska Native 

13 Corporations (including their affiliated member14 ship organizations)’’ and inserting ‘‘Indian 

15 tribes’’; and 

16 (C) by striking ‘‘or Native Corporation’’; 

17 and 

18 (6) by adding at the end the following: 

19 ‘‘(j) WILDLIFE HABITAT INCENTIVE PRACTICE.— 

20 The Secretary shall provide payments under the program 

21 for conservation practices that support the restoration, de22 velopment, and improvement of wildlife habitat on eligible 

23 land, including— 

24 ‘‘(1) upland wildlife habitat; 

25 ‘‘(2) wetland wildlife habitat; 


rfrederick on DSK6VPTVN1PROD with BILLS
819 

•HR 1947 RH

1 ‘‘(3) habitat for threatened and endangered 

2 species; 

3 ‘‘(4) fish habitat; 

4 ‘‘(5) habitat on pivot corners and other irreg5 ular areas of a field; and 

6 ‘‘(6) other types of wildlife habitat, as deter7 mined appropriate by the Secretary.’’. 

8 SEC. 2203. EVALUATION OF APPLICATIONS. 

9 Section 1240C(b) of the Food Security Act of 1985 

10 (16 U.S.C. 3839aa–3(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘environ12 mental’’ and inserting ‘‘conservation’’; and 

13 (2) in paragraph (3), by striking ‘‘purpose of 

14 the environmental quality incentives program speci15 fied in section 1240(1)’’ and inserting ‘‘purposes of 

16 the program’’. 

17 SEC. 2204. DUTIES OF PRODUCERS. 

18 Section 1240D(2) of the Food Security Act of 1985 

19 (16 U.S.C. 3839aa–4(2)) is amended by striking ‘‘farm, 

20 ranch, or forest’’ and inserting ‘‘enrolled’’. 

21 SEC. 2205. LIMITATION ON PAYMENTS. 

22 Section 1240G of the Food Security Act of 1985 (16 

23 U.S.C. 3839aa–7) is amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
820 

•HR 1947 RH

1 ‘‘SEC. 1240G. LIMITATION ON PAYMENTS. 

2 ‘‘A person or legal entity may not receive, directly 

3 or indirectly, cost share or incentive payments under this 

4 chapter that, in aggregate, exceed $450,000 for all con5 tracts entered into under this chapter by the person or 

6 legal entity during the period of fiscal years 2014 through 

7 2018, regardless of the number of contracts entered into 

8 under this chapter by the person or legal entity.’’. 

9 SEC. 2206. CONSERVATION INNOVATION GRANTS AND PAY10 MENTS. 

11 Section 1240H of the Food Security Act of 1985 (16 

12 U.S.C. 3839aa–8) is amended— 

13 (1) in subsection (a)(2)— 

14 (A) in subparagraph (C), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (B) in subparagraph (D), by striking the 

17 period and inserting a semicolon; and 

18 (C) by adding at the end the following new 

19 subparagraphs: 

20 ‘‘(E) facilitate on-farm conservation re21 search and demonstration activities; and 

22 ‘‘(F) facilitate pilot testing of new tech23 nologies or innovative conservation practices.’’; 

24 and 

25 (2) by striking subsection (b) and inserting the 

26 following new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
821 

•HR 1947 RH

1 ‘‘(b) REPORTING.—Not later than December 31, 

2 2014, and every two years thereafter, the Secretary shall 

3 submit to the Committee on Agriculture, Nutrition, and 

4 Forestry of the Senate and the Committee on Agriculture 

5 of the House of Representatives a report on the status 

6 of projects funded under this section, including— 

7 ‘‘(1) funding awarded; 

8 ‘‘(2) project results; and 

9 ‘‘(3) incorporation of project findings, such as 

10 new technology and innovative approaches, into the 

11 conservation efforts implemented by the Secretary.’’. 

12 SEC. 2207. EFFECTIVE DATE. 

13 (a) IN GENERAL.—The amendments made by this 

14 subtitle shall take effect on October 1, 2013. 

15 (b) EFFECT ON EXISTING CONTRACTS.—The amend16 ments made by this subtitle shall not affect the validity 

17 or terms of any contract entered into by the Secretary of 

18 Agriculture under chapter 4 of subtitle D of title XII of 

19 the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) 

20 before October 1, 2013, or any payments required to be 

21 made in connection with the contract. 


rfrederick on DSK6VPTVN1PROD with BILLS
822 

•HR 1947 RH

1 Subtitle D—Agricultural 

2 Conservation Easement Program 

3 SEC. 2301. AGRICULTURAL CONSERVATION EASEMENT 

4 PROGRAM. 

5 (a) ESTABLISHMENT.—Title XII of the Food Secu6 rity Act of 1985 is amended by adding at the end the fol7 lowing new subtitle: 

8 ‘‘Subtitle H—Agricultural 

9 Conservation Easement Program 

10 ‘‘SEC. 1265. ESTABLISHMENT AND PURPOSES. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish an agricultural conservation easement program for the 

13 conservation of eligible land and natural resources through 

14 easements or other interests in land. 

15 ‘‘(b) PURPOSES.—The purposes of the program are 

16 to— 

17 ‘‘(1) combine the purposes and coordinate the 

18 functions of the wetlands reserve program estab19 lished under section 1237, the grassland reserve pro20 gram established under section 1238N, and the 

21 farmland protection program established under sec22 tion 1238I, as such sections were in effect on Sep23 tember 30, 2013; 

24 ‘‘(2) restore, protect, and enhance wetlands on 

25 eligible land; 


rfrederick on DSK6VPTVN1PROD with BILLS
823 

•HR 1947 RH

1 ‘‘(3) protect the agricultural use and related 

2 conservation values of eligible land by limiting non3 agricultural uses of that land; and 

4 ‘‘(4) protect grazing uses and related conserva5 tion values by restoring and conserving eligible land. 

6 ‘‘SEC. 1265A. DEFINITIONS. 

7 ‘‘In this subtitle: 

8 ‘‘(1) AGRICULTURAL LAND EASEMENT.—The 

9 term ‘agricultural land easement’ means an ease10 ment or other interest in eligible land that— 

11 ‘‘(A) is conveyed for the purpose of pro12 tecting natural resources and the agricultural 

13 nature of the land; and 

14 ‘‘(B) permits the landowner the right to 

15 continue agricultural production and related 

16 uses subject to an agricultural land easement 

17 plan, as approved by the Secretary. 

18 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means— 

20 ‘‘(A) an agency of State or local govern21 ment or an Indian tribe (including a farmland 

22 protection board or land resource council estab23 lished under State law); or 

24 ‘‘(B) an organization that is— 


rfrederick on DSK6VPTVN1PROD with BILLS
824 

•HR 1947 RH

1 ‘‘(i) organized for, and at all times 

2 since the formation of the organization has 

3 been operated principally for, 1 or more of 

4 the conservation purposes specified in 

5 clause (i), (ii), (iii), or (iv) of section 

6 170(h)(4)(A) of the Internal Revenue Code 

7 of 1986; 

8 ‘‘(ii) an organization described in sec9 tion 501(c)(3) of that Code that is exempt 

10 from taxation under section 501(a) of that 

11 Code; or 

12 ‘‘(iii) described in— 

13 ‘‘(I) paragraph (1) or (2) of sec14 tion 509(a) of that Code; or 

15 ‘‘(II) section 509(a)(3) of that 

16 Code and is controlled by an organiza17 tion described in section 509(a)(2) of 

18 that Code. 

19 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

20 means private or tribal land that is— 

21 ‘‘(A) in the case of an agricultural land 

22 easement, agricultural land, including land on a 

23 farm or ranch— 


rfrederick on DSK6VPTVN1PROD with BILLS
825 

•HR 1947 RH

1 ‘‘(i) that is subject to a pending offer 

2 for purchase of an agricultural land ease3 ment from an eligible entity; 

4 ‘‘(ii) that— 

5 ‘‘(I) has prime, unique, or other 

6 productive soil; 

7 ‘‘(II) contains historical or ar8 chaeological resources; or 

9 ‘‘(III) the protection of which will 

10 further a State or local policy con11 sistent with the purposes of the pro12 gram; and 

13 ‘‘(iii) that is— 

14 ‘‘(I) cropland; 

15 ‘‘(II) rangeland; 

16 ‘‘(III) grassland or land that con17 tains forbs, or shrubland for which 

18 grazing is the predominate use; 

19 ‘‘(IV) pastureland; or 

20 ‘‘(V) nonindustrial private forest 

21 land that contributes to the economic 

22 viability of an offered parcel or serves 

23 as a buffer to protect such land from 

24 development; 


rfrederick on DSK6VPTVN1PROD with BILLS
826 

•HR 1947 RH

1 ‘‘(B) in the case of a wetland easement, a 

2 wetland or related area, including— 

3 ‘‘(i) farmed or converted wetlands, to4 gether with adjacent land that is function5 ally dependent on that land, if the Sec6 retary determines it— 

7 ‘‘(I) is likely to be successfully 

8 restored in a cost effective manner; 

9 and 

10 ‘‘(II) will maximize the wildlife 

11 benefits and wetland functions and 

12 values, as determined by the Secretary 

13 in consultation with the Secretary of 

14 the Interior at the local level; 

15 ‘‘(ii) cropland or grassland that was 

16 used for agricultural production prior to 

17 flooding from the natural overflow of— 

18 ‘‘(I) a closed basin lake and adja19 cent land that is functionally depend20 ent upon it, if the State or other enti21 ty is willing to provide 50 percent 

22 share of the cost of an easement; 

23 ‘‘(II) a pothole and adjacent land 

24 that is functionally dependent on it; 


rfrederick on DSK6VPTVN1PROD with BILLS
827 

•HR 1947 RH

1 ‘‘(iii) farmed wetlands and adjoining 

2 lands that— 

3 ‘‘(I) are enrolled in the conserva4 tion reserve program; 

5 ‘‘(II) have the highest wetland 

6 functions and values, as determined 

7 by the Secretary; and 

8 ‘‘(III) are likely to return to pro9 duction after they leave the conserva10 tion reserve program; 

11 ‘‘(iv) riparian areas that link wetlands 

12 that are protected by easements or some 

13 other device that achieves the same pur14 pose as an easement; or 

15 ‘‘(v) other wetlands of an owner that 

16 would not otherwise be eligible, if the Sec17 retary determines that the inclusion of 

18 such wetlands in a wetland easement would 

19 significantly add to the functional value of 

20 the easement; or 

21 ‘‘(C) in the case of either an agricultural 

22 land easement or wetland easement, other land 

23 that is incidental to land described in subpara24 graph (A) or (B), if the Secretary determines 


rfrederick on DSK6VPTVN1PROD with BILLS
828 

•HR 1947 RH

1 that it is necessary for the efficient administra2 tion of the easements under this program. 

3 ‘‘(4) PROGRAM.—The term ‘program’ means 

4 the agricultural conservation easement program es5 tablished by this subtitle. 

6 ‘‘(5) WETLAND EASEMENT.—The term ‘wetland 

7 easement’ means a reserved interest in eligible land 

8 that— 

9 ‘‘(A) is defined and delineated in a deed; 

10 and 

11 ‘‘(B) stipulates— 

12 ‘‘(i) the rights, title, and interests in 

13 land conveyed to the Secretary; and 

14 ‘‘(ii) the rights, title, and interests in 

15 land that are reserved to the landowner. 

16 ‘‘SEC. 1265B. AGRICULTURAL LAND EASEMENTS. 

17 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

18 shall facilitate and provide funding for— 

19 ‘‘(1) the purchase by eligible entities of agricul20 tural land easements and other interests in eligible 

21 land; and 

22 ‘‘(2) technical assistance to provide for the con23 servation of natural resources pursuant to an agri24 cultural land easement plan. 

25 ‘‘(b) COST-SHARE ASSISTANCE.— 


rfrederick on DSK6VPTVN1PROD with BILLS
829 

•HR 1947 RH

1 ‘‘(1) IN GENERAL.—The Secretary shall protect 

2 the agricultural use, including grazing, and related 

3 conservation values of eligible land through cost4 share assistance to eligible entities for purchasing 

5 agricultural land easements. 

6 ‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 

7 ‘‘(A) FEDERAL SHARE.—An agreement de8 scribed in paragraph (4) shall provide for a 

9 Federal share determined by the Secretary of 

10 an amount not to exceed 50 percent of the fair 

11 market value of the agricultural land easement 

12 or other interest in land, as determined by the 

13 Secretary using— 

14 ‘‘(i) the Uniform Standards of Profes15 sional Appraisal Practice; 

16 ‘‘(ii) an area-wide market analysis or 

17 survey; or 

18 ‘‘(iii) another industry-approved meth19 od. 

20 ‘‘(B) NON-FEDERAL SHARE.— 

21 ‘‘(i) IN GENERAL.—Under the agree22 ment, the eligible entity shall provide a 

23 share that is at least equivalent to that 

24 provided by the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
830 

•HR 1947 RH

1 ‘‘(ii) SOURCE OF CONTRIBUTION.—An 

2 eligible entity may include as part of its 

3 share a charitable donation or qualified 

4 conservation contribution (as defined by 

5 section 170(h) of the Internal Revenue 

6 Code of 1986) from the private landowner 

7 if the eligible entity contributes its own 

8 cash resources in an amount that is at 

9 least 50 percent of the amount contributed 

10 by the Secretary. 

11 ‘‘(C) EXCEPTION.—In the case of grass12 land of special environmental significance, as 

13 determined by the Secretary, the Secretary may 

14 provide an amount not to exceed 75 percent of 

15 the fair market value of the agricultural land 

16 easement. 

17 ‘‘(3) EVALUATION AND RANKING OF APPLICA18 TIONS.— 

19 ‘‘(A) CRITERIA.—The Secretary shall es20 tablish evaluation and ranking criteria to maxi21 mize the benefit of Federal investment under 

22 the program. 

23 ‘‘(B) CONSIDERATIONS.—In establishing 

24 the criteria, the Secretary shall emphasize sup25 port for— 


rfrederick on DSK6VPTVN1PROD with BILLS
831 

•HR 1947 RH

1 ‘‘(i) protecting agricultural uses and 

2 related conservation values of the land; and 

3 ‘‘(ii) maximizing the protection of 

4 areas devoted to agricultural use. 

5 ‘‘(C) BIDDING DOWN.—If the Secretary 

6 determines that 2 or more applications for cost7 share assistance are comparable in achieving 

8 the purpose of the program, the Secretary shall 

9 not assign a higher priority to any of those ap10 plications solely on the basis of lesser cost to 

11 the program. 

12 ‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 enter into agreements with eligible entities to 

15 stipulate the terms and conditions under which 

16 the eligible entity is permitted to use cost-share 

17 assistance provided under this section. 

18 ‘‘(B) LENGTH OF AGREEMENTS.—An 

19 agreement shall be for a term that is— 

20 ‘‘(i) in the case of an eligible entity 

21 certified under the process described in 

22 paragraph (5), a minimum of five years; 

23 and 

24 ‘‘(ii) for all other eligible entities, at 

25 least three, but not more than five years. 


rfrederick on DSK6VPTVN1PROD with BILLS
832 

•HR 1947 RH

1 ‘‘(C) MINIMUM TERMS AND CONDITIONS.— 

2 An eligible entity shall be authorized to use its 

3 own terms and conditions for agricultural land 

4 easements so long as the Secretary determines 

5 such terms and conditions— 

6 ‘‘(i) are consistent with the purposes 

7 of the program; 

8 ‘‘(ii) permit effective enforcement of 

9 the conservation purposes of such ease10 ments; 

11 ‘‘(iii) include a right of enforcement 

12 for the Secretary, that may be used only if 

13 the terms of the easement are not enforced 

14 by the holder of the easement; 

15 ‘‘(iv) subject the land in which an in16 terest is purchased to an agricultural land 

17 easement plan that— 

18 ‘‘(I) describes the activities which 

19 promote the long-term viability of the 

20 land to meet the purposes for which 

21 the easement was acquired; 

22 ‘‘(II) requires the management of 

23 grasslands according to a grasslands 

24 management plan; and 


rfrederick on DSK6VPTVN1PROD with BILLS
833 

•HR 1947 RH

1 ‘‘(III) includes a conservation 

2 plan, where appropriate, and requires, 

3 at the option of the Secretary, the 

4 conversion of highly erodible cropland 

5 to less intensive uses; and 

6 ‘‘(v) include a limit on the impervious 

7 surfaces to be allowed that is consistent 

8 with the agricultural activities to be con9 ducted. 

10 ‘‘(D) SUBSTITUTION OF QUALIFIED

11 PROJECTS.—An agreement shall allow, upon 

12 mutual agreement of the parties, substitution of 

13 qualified projects that are identified at the time 

14 of the proposed substitution. 

15 ‘‘(E) EFFECT OF VIOLATION.—If a viola16 tion occurs of a term or condition of an agree17 ment under this subsection— 

18 ‘‘(i) the Secretary may terminate the 

19 agreement; and 

20 ‘‘(ii) the Secretary may require the el21 igible entity to refund all or part of any 

22 payments received by the entity under the 

23 program, with interest on the payments as 

24 determined appropriate by the Secretary. 

25 ‘‘(5) CERTIFICATION OF ELIGIBLE ENTITIES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
834 

•HR 1947 RH

1 ‘‘(A) CERTIFICATION PROCESS.—The Sec2 retary shall establish a process under which the 

3 Secretary may— 

4 ‘‘(i) directly certify eligible entities 

5 that meet established criteria; 

6 ‘‘(ii) enter into long-term agreements 

7 with certified eligible entities; and 

8 ‘‘(iii) accept proposals for cost-share 

9 assistance for the purchase of agricultural 

10 land easements throughout the duration of 

11 such agreements. 

12 ‘‘(B) CERTIFICATION CRITERIA.—In order 

13 to be certified, an eligible entity shall dem14 onstrate to the Secretary that the entity will 

15 maintain, at a minimum, for the duration of the 

16 agreement— 

17 ‘‘(i) a plan for administering ease18 ments that is consistent with the purpose 

19 of this subtitle; 

20 ‘‘(ii) the capacity and resources to 

21 monitor and enforce agricultural land ease22 ments; and 

23 ‘‘(iii) policies and procedures to en24 sure— 


rfrederick on DSK6VPTVN1PROD with BILLS
835 

•HR 1947 RH

1 ‘‘(I) the long-term integrity of 

2 agricultural land easements on eligible 

3 land; 

4 ‘‘(II) timely completion of acqui5 sitions of such easements; and 

6 ‘‘(III) timely and complete eval7 uation and reporting to the Secretary 

8 on the use of funds provided under 

9 the program. 

10 ‘‘(C) REVIEW AND REVISION.— 

11 ‘‘(i) REVIEW.—The Secretary shall 

12 conduct a review of eligible entities cer13 tified under subparagraph (A) every three 

14 years to ensure that such entities are 

15 meeting the criteria established under sub16 paragraph (B). 

17 ‘‘(ii) REVOCATION.—If the Secretary 

18 finds that the certified eligible entity no 

19 longer meets the criteria established under 

20 subparagraph (B), the Secretary may— 

21 ‘‘(I) allow the certified eligible 

22 entity a specified period of time, at a 

23 minimum 180 days, in which to take 

24 such actions as may be necessary to 

25 meet the criteria; and 


rfrederick on DSK6VPTVN1PROD with BILLS
836 

•HR 1947 RH

1 ‘‘(II) revoke the certification of 

2 the eligible entity, if after the speci3 fied period of time, the certified eligi4 ble entity does not meet such criteria. 

5 ‘‘(c) METHOD OF ENROLLMENT.—The Secretary 

6 shall enroll eligible land under this section through the use 

7 of— 

8 ‘‘(1) permanent easements; or 

9 ‘‘(2) easements for the maximum duration al10 lowed under applicable State laws. 

11 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 

12 provide technical assistance, if requested, to assist in— 

13 ‘‘(1) compliance with the terms and conditions 

14 of easements; and 

15 ‘‘(2) implementation of an agricultural land 

16 easement plan. 

17 ‘‘SEC. 1265C. WETLAND EASEMENTS. 

18 ‘‘(a) AVAILABILITY OF ASSISTANCE.—The Secretary 

19 shall provide assistance to owners of eligible land to re20 store, protect, and enhance wetlands through— 

21 ‘‘(1) wetland easements and related wetland 

22 easement plans; and 

23 ‘‘(2) technical assistance. 

24 ‘‘(b) EASEMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
837 

•HR 1947 RH

1 ‘‘(1) METHOD OF ENROLLMENT.—The Sec2 retary shall enroll eligible land under this section 

3 through the use of— 

4 ‘‘(A) 30-year easements; 

5 ‘‘(B) permanent easements; 

6 ‘‘(C) easements for the maximum duration 

7 allowed under applicable State laws; or 

8 ‘‘(D) as an option for Indian tribes only, 

9 30-year contracts (which shall be considered to 

10 be 30-year easements for the purposes of this 

11 subtitle). 

12 ‘‘(2) LIMITATIONS.— 

13 ‘‘(A) INELIGIBLE LAND.—The Secretary 

14 may not acquire easements on— 

15 ‘‘(i) land established to trees under 

16 the conservation reserve program, except in 

17 cases where the Secretary determines it 

18 would further the purposes of the program; 

19 and 

20 ‘‘(ii) farmed wetlands or converted 

21 wetlands where the conversion was not 

22 commenced prior to December 23, 1985. 

23 ‘‘(B) CHANGES IN OWNERSHIP.—No wet24 land easement shall be created on land that has 


rfrederick on DSK6VPTVN1PROD with BILLS
838 

•HR 1947 RH

1 changed ownership during the preceding 24- 

2 month period unless— 

3 ‘‘(i) the new ownership was acquired 

4 by will or succession as a result of the 

5 death of the previous owner; 

6 ‘‘(ii)(I) the ownership change occurred 

7 because of foreclosure on the land; and 

8 ‘‘(II) immediately before the fore9 closure, the owner of the land exercises a 

10 right of redemption from the mortgage 

11 holder in accordance with State law; or 

12 ‘‘(iii) the Secretary determines that 

13 the land was acquired under circumstances 

14 that give adequate assurances that such 

15 land was not acquired for the purposes of 

16 placing it in the program. 

17 ‘‘(3) EVALUATION AND RANKING OF OFFERS.— 

18 ‘‘(A) CRITERIA.—The Secretary shall es19 tablish evaluation and ranking criteria to maxi20 mize the benefit of Federal investment under 

21 the program. 

22 ‘‘(B) CONSIDERATIONS.—When evaluating 

23 offers from landowners, the Secretary may con24 sider— 


rfrederick on DSK6VPTVN1PROD with BILLS
839 

•HR 1947 RH

1 ‘‘(i) the conservation benefits of ob2 taining a wetland easement, including the 

3 potential environmental benefits if the land 

4 was removed from agricultural production; 

5 ‘‘(ii) the cost-effectiveness of each 

6 wetland easement, so as to maximize the 

7 environmental benefits per dollar expended; 

8 ‘‘(iii) whether the landowner or an9 other person is offering to contribute fi10 nancially to the cost of the wetland ease11 ment to leverage Federal funds; and 

12 ‘‘(iv) such other factors as the Sec13 retary determines are necessary to carry 

14 out the purposes of the program. 

15 ‘‘(C) PRIORITY.—The Secretary shall place 

16 priority on acquiring wetland easements based 

17 on the value of the wetland easement for pro18 tecting and enhancing habitat for migratory 

19 birds and other wildlife. 

20 ‘‘(4) AGREEMENT.—To be eligible to place eligi21 ble land into the program through a wetland ease22 ment, the owner of such land shall enter into an 

23 agreement with the Secretary to— 

24 ‘‘(A) grant an easement on such land to 

25 the Secretary; 


rfrederick on DSK6VPTVN1PROD with BILLS
840 

•HR 1947 RH

1 ‘‘(B) authorize the implementation of a 

2 wetland easement plan developed for the eligible 

3 land under subsection (f); 

4 ‘‘(C) create and record an appropriate 

5 deed restriction in accordance with applicable 

6 State law to reflect the easement agreed to; 

7 ‘‘(D) provide a written statement of con8 sent to such easement signed by those holding 

9 a security interest in the land; 

10 ‘‘(E) comply with the terms and conditions 

11 of the easement and any related agreements; 

12 and 

13 ‘‘(F) permanently retire any existing base 

14 history for the land on which the easement has 

15 been obtained. 

16 ‘‘(5) TERMS AND CONDITIONS OF EASEMENT.— 

17 ‘‘(A) IN GENERAL.—A wetland easement 

18 shall include terms and conditions that— 

19 ‘‘(i) permit— 

20 ‘‘(I) repairs, improvements, and 

21 inspections on the land that are nec22 essary to maintain existing public 

23 drainage systems; and 

24 ‘‘(II) owners to control public ac25 cess on the easement areas while idenVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
841 

•HR 1947 RH

1 tifying access routes to be used for 

2 restoration activities and management 

3 and easement monitoring; 

4 ‘‘(ii) prohibit— 

5 ‘‘(I) the alteration of wildlife 

6 habitat and other natural features of 

7 such land, unless specifically author8 ized by the Secretary; 

9 ‘‘(II) the spraying of such land 

10 with chemicals or the mowing of such 

11 land, except where such spraying or 

12 mowing is authorized by the Secretary 

13 or is necessary— 

14 ‘‘(aa) to comply with Fed15 eral or State noxious weed con16 trol laws; 

17 ‘‘(bb) to comply with a Fed18 eral or State emergency pest 

19 treatment program; or 

20 ‘‘(cc) to meet habitat needs 

21 of specific wildlife species; 

22 ‘‘(III) any activities to be carried 

23 out on the owner’s or successor’s land 

24 that is immediately adjacent to, and 

25 functionally related to, the land that 


rfrederick on DSK6VPTVN1PROD with BILLS
842 

•HR 1947 RH

1 is subject to the easement if such ac2 tivities will alter, degrade, or other3 wise diminish the functional value of 

4 the eligible land; and 

5 ‘‘(IV) the adoption of any other 

6 practice that would tend to defeat the 

7 purposes of the program, as deter8 mined by the Secretary; 

9 ‘‘(iii) provide for the efficient and ef10 fective establishment of wildlife functions 

11 and values; and 

12 ‘‘(iv) include such additional provi13 sions as the Secretary determines are de14 sirable to carry out the program or facili15 tate the practical administration thereof. 

16 ‘‘(B) VIOLATION.—On the violation of the 

17 terms or conditions of a wetland easement, the 

18 wetland easement shall remain in force and the 

19 Secretary may require the owner to refund all 

20 or part of any payments received by the owner 

21 under the program, together with interest 

22 thereon as determined appropriate by the Sec23 retary. 

24 ‘‘(C) COMPATIBLE USES.—Land subject to 

25 a wetland easement may be used for compatible 


rfrederick on DSK6VPTVN1PROD with BILLS
843 

•HR 1947 RH

1 economic uses, including such activities as 

2 hunting and fishing, managed timber harvest, 

3 or periodic haying or grazing, if such use is spe4 cifically permitted by the wetland easement plan 

5 developed for the land under subsection (f) and 

6 is consistent with the long-term protection and 

7 enhancement of the wetland resources for which 

8 the easement was established. 

9 ‘‘(D) RESERVATION OF GRAZING

10 RIGHTS.—The Secretary may include in the 

11 terms and conditions of a wetland easement a 

12 provision under which the owner reserves graz13 ing rights if— 

14 ‘‘(i) the Secretary determines that the 

15 reservation and use of the grazing rights— 

16 ‘‘(I) is compatible with the land 

17 subject to the easement; 

18 ‘‘(II) is consistent with the his19 torical natural uses of the land and 

20 the long-term protection and enhance21 ment goals for which the easement 

22 was established; and 

23 ‘‘(III) complies with the wetland 

24 easement plan developed for the land 

25 under subsection (f); and 


rfrederick on DSK6VPTVN1PROD with BILLS
844 

•HR 1947 RH

1 ‘‘(ii) the agreement provides for a 

2 commensurate reduction in the easement 

3 payment to account for the grazing value, 

4 as determined by the Secretary. 

5 ‘‘(6) COMPENSATION.— 

6 ‘‘(A) DETERMINATION.— 

7 ‘‘(i) PERMANENT EASEMENTS.—The 

8 Secretary shall pay as compensation for a 

9 permanent wetland easement acquired 

10 under the program an amount necessary to 

11 encourage enrollment in the program, 

12 based on the lowest of— 

13 ‘‘(I) the fair market value of the 

14 land, as determined by the Secretary, 

15 using the Uniform Standards of Pro16 fessional Appraisal Practice or an 

17 area-wide market analysis or survey; 

18 ‘‘(II) the amount corresponding 

19 to a geographical cap, as determined 

20 by the Secretary in regulations; or 

21 ‘‘(III) the offer made by the 

22 landowner. 

23 ‘‘(ii) 30-YEAR EASEMENTS.—Com24 pensation for a 30-year wetland easement 

25 shall be not less than 50 percent, but not 


rfrederick on DSK6VPTVN1PROD with BILLS
845 

•HR 1947 RH

1 more than 75 percent, of the compensation 

2 that would be paid for a permanent wet3 land easement. 

4 ‘‘(B) FORM OF PAYMENT.—Compensation 

5 for a wetland easement shall be provided by the 

6 Secretary in the form of a cash payment, in an 

7 amount determined under subparagraph (A). 

8 ‘‘(C) PAYMENT SCHEDULE.— 

9 ‘‘(i) EASEMENTS VALUED AT $500,000

10 OR LESS.—For wetland easements valued 

11 at $500,000 or less, the Secretary may 

12 provide easement payments in not more 

13 than 10 annual payments. 

14 ‘‘(ii) EASEMENTS VALUED AT MORE

15 THAN $500,000.—For wetland easements 

16 valued at more than $500,000, the Sec17 retary may provide easement payments in 

18 at least 5, but not more than 10 annual 

19 payments, except that, if the Secretary de20 termines it would further the purposes of 

21 the program, the Secretary may make a 

22 lump sum payment for such an easement. 

23 ‘‘(c) EASEMENT RESTORATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall provide 

25 financial assistance to owners of eligible land to 


rfrederick on DSK6VPTVN1PROD with BILLS
846 

•HR 1947 RH

1 carry out the establishment of conservation meas2 ures and practices and protect wetland functions 

3 and values, including necessary maintenance activi4 ties, as set forth in a wetland easement plan devel5 oped for the eligible land under subsection (f). 

6 ‘‘(2) PAYMENTS.—The Secretary shall— 

7 ‘‘(A) in the case of a permanent wetland 

8 easement, pay an amount that is not less than 

9 75 percent, but not more than 100 percent, of 

10 the eligible costs, as determined by the Sec11 retary; and 

12 ‘‘(B) in the case of a 30-year wetland ease13 ment, pay an amount that is not less than 50 

14 percent, but not more than 75 percent, of the 

15 eligible costs, as determined by the Secretary. 

16 ‘‘(d) TECHNICAL ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall assist 

18 owners in complying with the terms and conditions 

19 of wetland easements. 

20 ‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec21 retary may enter into 1 or more contracts with pri22 vate entities or agreements with a State, non-govern23 mental organization, or Indian tribe to carry out 

24 necessary restoration, enhancement, or maintenance 

25 of a wetland easement if the Secretary determines 


rfrederick on DSK6VPTVN1PROD with BILLS
847 

•HR 1947 RH

1 that the contract or agreement will advance the pur2 poses of the program. 

3 ‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec4 retary may enter into 1 or more agreements with a State 

5 (including a political subdivision or agency of a State), 

6 nongovernmental organization, or Indian tribe to carry out 

7 a special wetland enhancement option that the Secretary 

8 determines would advance the purposes of program. 

9 ‘‘(f) ADMINISTRATION.— 

10 ‘‘(1) WETLAND EASEMENT PLAN.—The Sec11 retary shall develop a wetland easement plan for eli12 gible lands subject to a wetland easement, which 

13 shall include practices and activities necessary to re14 store, protect, enhance, and maintain the enrolled 

15 lands. 

16 ‘‘(2) DELEGATION OF EASEMENT ADMINISTRA17 TION.—The Secretary may delegate— 

18 ‘‘(A) any of the easement management, 

19 monitoring, and enforcement responsibilities of 

20 the Secretary to other Federal or State agencies 

21 that have the appropriate authority, expertise, 

22 and resources necessary to carry out such dele23 gated responsibilities; and 

24 ‘‘(B) any of the easement management re25 sponsibilities of the Secretary to other conservaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
848 

•HR 1947 RH

1 tion organizations if the Secretary determines 

2 the organization has the appropriate expertise 

3 and resources. 

4 ‘‘(3) PAYMENTS.— 

5 ‘‘(A) TIMING OF PAYMENTS.—The Sec6 retary shall provide payment for obligations in7 curred by the Secretary under this section— 

8 ‘‘(i) with respect to any easement res9 toration obligation under subsection (c), as 

10 soon as possible after the obligation is in11 curred; and 

12 ‘‘(ii) with respect to any annual ease13 ment payment obligation incurred by the 

14 Secretary, as soon as possible after Octo15 ber 1 of each calendar year. 

16 ‘‘(B) PAYMENTS TO OTHERS.—If an owner 

17 who is entitled to a payment under this section 

18 dies, becomes incompetent, is otherwise unable 

19 to receive such payment, or is succeeded by an20 other person or entity who renders or completes 

21 the required performance, the Secretary shall 

22 make such payment, in accordance with regula23 tions prescribed by the Secretary and without 

24 regard to any other provision of law, in such 


rfrederick on DSK6VPTVN1PROD with BILLS
849 

•HR 1947 RH

1 manner as the Secretary determines is fair and 

2 reasonable in light of all of the circumstances. 

3 ‘‘SEC. 1265D. ADMINISTRATION. 

4 ‘‘(a) INELIGIBLE LAND.—The Secretary may not use 

5 program funds for the purposes of acquiring an easement 

6 on— 

7 ‘‘(1) lands owned by an agency of the United 

8 States, other than land held in trust for Indian 

9 tribes; 

10 ‘‘(2) lands owned in fee title by a State, includ11 ing an agency or a subdivision of a State, or a unit 

12 of local government; 

13 ‘‘(3) land subject to an easement or deed re14 striction which, as determined by the Secretary, pro15 vides similar protection as would be provided by en16 rollment in the program; or 

17 ‘‘(4) lands where the purposes of the program 

18 would be undermined due to on-site or off-site condi19 tions, such as risk of hazardous substances, pro20 posed or existing rights of way, infrastructure devel21 opment, or adjacent land uses. 

22 ‘‘(b) PRIORITY.—In evaluating applications under the 

23 program, the Secretary may give priority to land that is 

24 currently enrolled in the conservation reserve program in 

25 a contract that is set to expire within 1 year and— 


rfrederick on DSK6VPTVN1PROD with BILLS
850 

•HR 1947 RH

1 ‘‘(1) in the case of an agricultural land ease2 ment, is grassland that would benefit from protec3 tion under a long-term easement; and 

4 ‘‘(2) in the case of a wetland easement, is a 

5 wetland or related area with the highest functions 

6 and value and is likely to return to production after 

7 the land leaves the conservation reserve program. 

8 ‘‘(c) SUBORDINATION, EXCHANGE, MODIFICATION, 

9 AND TERMINATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary may subor11 dinate, exchange, modify, or terminate any interest 

12 in land, or portion of such interest, administered by 

13 the Secretary, either directly or on behalf of the 

14 Commodity Credit Corporation under the program if 

15 the Secretary determines that— 

16 ‘‘(A) it is in the Federal Government’s in17 terest to subordinate, exchange, modify, or ter18 minate the interest in land; 

19 ‘‘(B) the subordination, exchange, modi20 fication, or termination action— 

21 ‘‘(i) will address a compelling public 

22 need for which there is no practicable al23 ternative; or 

24 ‘‘(ii) such action will further the prac25 tical administration of the program; and 


rfrederick on DSK6VPTVN1PROD with BILLS
851 

•HR 1947 RH

1 ‘‘(C) the subordination, exchange, modi2 fication, or termination action will result in 

3 comparable conservation value and equivalent 

4 or greater economic value to the United States. 

5 ‘‘(2) CONSULTATION.—The Secretary shall 

6 work with the owner, and eligible entity if applicable, 

7 to address any subordination, exchange, modifica8 tion, or termination of the interest, or portion of 

9 such interest, in land. 

10 ‘‘(3) NOTICE.—At least 90 days before taking 

11 any termination action described in paragraph (1), 

12 the Secretary shall provide written notice of such ac13 tion to the Committee on Agriculture of the House 

14 of Representatives and the Committee on Agri15 culture, Nutrition, and Forestry of the Senate. 

16 ‘‘(d) LAND ENROLLED IN CONSERVATION RESERVE

17 PROGRAM.—The Secretary may terminate or modify a 

18 contract entered into under section 1231(a) if eligible land 

19 that is subject to such contract is transferred into the pro20 gram. 

21 ‘‘(e) ALLOCATION OF FUNDS FOR AGRICULTURAL

22 LAND EASEMENTS.—Of the funds made available under 

23 section 1241 to carry out the program for a fiscal year, 

24 the Secretary shall, to the extent practicable, use for agri25 cultural land easements— 


rfrederick on DSK6VPTVN1PROD with BILLS
852 

•HR 1947 RH

1 ‘‘(1) no less than 40 percent in each of fiscal 

2 years 2014 through 2017; and 

3 ‘‘(2) no less than 50 percent in fiscal year 

4 2018.’’. 

5 (b) COMPLIANCE WITH CERTAIN REQUIREMENTS.— 

6 Before an eligible entity or owner of eligible land may re7 ceive assistance under subtitle H of title XII of the Food 

8 Security Act of 1985, the eligible entity or person shall 

9 agree, during the crop year for which the assistance is pro10 vided and in exchange for the assistance— 

11 (1) to comply with applicable conservation re12 quirements under subtitle B of title XII of that Act 

13 (16 U.S.C. 3811 et seq.); and 

14 (2) to comply with applicable wetland protection 

15 requirements under subtitle C of title XII of that 

16 Act (16 U.S.C. 3821 et seq.). 

17 (c) CROSS REFERENCE; CALCULATION.—Section 

18 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) 

19 is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) by inserting ‘‘and’’ at the end of 

23 subparagraph (A); 

24 (ii) by striking ‘‘and’’ at the end of 

25 subparagraph (B); and 


rfrederick on DSK6VPTVN1PROD with BILLS
853 

•HR 1947 RH

1 (iii) by striking subparagraph (C); 

2 (B) by redesignating paragraph (2) as 

3 paragraph (3); and 

4 (C) by inserting after paragraph (1) the 

5 following new subparagraph: 

6 ‘‘(2) the agricultural conservation easement 

7 program established under subtitle H; and’’; and 

8 (2) in subsection (f)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘programs administered under subchapters 

12 B and C of chapter 1 of subtitle D’’ and 

13 inserting ‘‘conservation reserve program 

14 established under subchapter B of chapter 

15 1 of subtitle D and wetland easements 

16 under section 1265C’’; and 

17 (ii) in subparagraph (B), by striking 

18 ‘‘an easement acquired under subchapter C 

19 of chapter 1 of subtitle D’’ and inserting 

20 ‘‘a wetland easement under section 

21 1265C’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) CALCULATION.—In calculating the per25 centages described in paragraph (1), the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
854 

•HR 1947 RH

1 shall include any acreage that was included in cal2 culations of percentages made under such para3 graph, as in effect on September 30, 2013, and that 

4 remains enrolled when the calculation is made after 

5 that date under paragraph (1).’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on October 1, 2013. 

8 Subtitle E—Regional Conservation 

9 Partnership Program 

10 SEC. 2401. REGIONAL CONSERVATION PARTNERSHIP PRO11 GRAM. 

12 (a) IN GENERAL.—Title XII of the Food Security 

13 Act of 1985 is amended by inserting after subtitle H, as 

14 added by section 2301, the following new subtitle: 

15 ‘‘Subtitle I—Regional Conservation 

16 Partnership Program 

17 ‘‘SEC. 1271. ESTABLISHMENT AND PURPOSES. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab19 lish a regional conservation partnership program to imple20 ment eligible activities on eligible land through— 

21 ‘‘(1) partnership agreements with eligible part22 ners; and 

23 ‘‘(2) contracts with producers. 

24 ‘‘(b) PURPOSES.—The purposes of the program are 

25 as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
855 

•HR 1947 RH

1 ‘‘(1) To use covered programs to accomplish 

2 purposes and functions similar to those of the fol3 lowing programs, as in effect on September 30, 

4 2013: 

5 ‘‘(A) The agricultural water enhancement 

6 program established under section 1240I. 

7 ‘‘(B) The Chesapeake Bay watershed pro8 gram established under section 1240Q. 

9 ‘‘(C) The cooperative conservation partner10 ship initiative established under section 1243. 

11 ‘‘(D) The Great Lakes basin program for 

12 soil erosion and sediment control established 

13 under section 1240P. 

14 ‘‘(2) To further the conservation, restoration, 

15 and sustainable use of soil, water, wildlife, and re16 lated natural resources on eligible land on a regional 

17 or watershed scale. 

18 ‘‘(3) To encourage eligible partners to cooperate 

19 with producers in— 

20 ‘‘(A) meeting or avoiding the need for na21 tional, State, and local natural resource regu22 latory requirements related to production on eli23 gible land; and 

24 ‘‘(B) implementing projects that will result 

25 in the carrying out of eligible activities that afVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
856 

•HR 1947 RH

1 fect multiple agricultural or nonindustrial pri2 vate forest operations on a local, regional, 

3 State, or multi-State basis. 

4 ‘‘SEC. 1271A. DEFINITIONS. 

5 ‘‘In this subtitle: 

6 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

7 program’ means the following: 

8 ‘‘(A) The agricultural conservation ease9 ment program. 

10 ‘‘(B) The environmental quality incentives 

11 program. 

12 ‘‘(C) The conservation stewardship pro13 gram. 

14 ‘‘(2) ELIGIBLE ACTIVITY.—The term ‘eligible 

15 activity’ means any of the following conservation ac16 tivities: 

17 ‘‘(A) Water quality or quantity conserva18 tion, restoration, or enhancement projects relat19 ing to surface water and groundwater re20 sources, including— 

21 ‘‘(i) the conversion of irrigated crop22 land to the production of less water-inten23 sive agricultural commodities or dryland 

24 farming; or 


rfrederick on DSK6VPTVN1PROD with BILLS
857 

•HR 1947 RH

1 ‘‘(ii) irrigation system improvement 

2 and irrigation efficiency enhancement. 

3 ‘‘(B) Drought mitigation. 

4 ‘‘(C) Flood prevention. 

5 ‘‘(D) Water retention. 

6 ‘‘(E) Air quality improvement. 

7 ‘‘(F) Habitat conservation, restoration, 

8 and enhancement. 

9 ‘‘(G) Erosion control and sediment reduc10 tion. 

11 ‘‘(H) Other related activities that the Sec12 retary determines will help achieve conservation 

13 benefits. 

14 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

15 means land on which agricultural commodities, live16 stock, or forest-related products are produced, in17 cluding— 

18 ‘‘(A) cropland; 

19 ‘‘(B) grassland; 

20 ‘‘(C) rangeland; 

21 ‘‘(D) pastureland; 

22 ‘‘(E) nonindustrial private forest land; and 

23 ‘‘(F) other land incidental to agricultural 

24 production (including wetlands and riparian 


rfrederick on DSK6VPTVN1PROD with BILLS
858 

•HR 1947 RH

1 buffers) on which significant natural resource 

2 issues could be addressed under the program. 

3 ‘‘(4) ELIGIBLE PARTNER.—The term ‘eligible 

4 partner’ means any of the following: 

5 ‘‘(A) An agricultural or silvicultural pro6 ducer association or other group of producers. 

7 ‘‘(B) A State or unit of local government. 

8 ‘‘(C) An Indian tribe. 

9 ‘‘(D) A farmer cooperative. 

10 ‘‘(E) A water district, irrigation district, 

11 rural water district or association, or other or12 ganization with specific water delivery authority 

13 to producers on agricultural land. 

14 ‘‘(F) An institution of higher education. 

15 ‘‘(G) An organization or entity with an es16 tablished history of working cooperatively with 

17 producers on agricultural land, as determined 

18 by the Secretary, to address— 

19 ‘‘(i) local conservation priorities re20 lated to agricultural production, wildlife 

21 habitat development, or nonindustrial pri22 vate forest land management; or 

23 ‘‘(ii) critical watershed-scale soil ero24 sion, water quality, sediment reduction, or 

25 other natural resource issues. 


rfrederick on DSK6VPTVN1PROD with BILLS
859 

•HR 1947 RH

1 ‘‘(5) PARTNERSHIP AGREEMENT.—The term 

2 ‘partnership agreement’ means an agreement en3 tered into under section 1271B between the Sec4 retary and an eligible partner. 

5 ‘‘(6) PROGRAM.—The term ‘program’ means 

6 the regional conservation partnership program estab7 lished by this subtitle. 

8 ‘‘SEC. 1271B. REGIONAL CONSERVATION PARTNERSHIPS. 

9 ‘‘(a) PARTNERSHIP AGREEMENTS AUTHORIZED.— 

10 The Secretary may enter into a partnership agreement 

11 with an eligible partner to implement a project that will 

12 assist producers with installing and maintaining an eligi13 ble activity on eligible land. 

14 ‘‘(b) LENGTH.—A partnership agreement shall be for 

15 a period not to exceed 5 years, except that the Secretary 

16 may extend the agreement one time for up to 12 months 

17 when an extension is necessary to meet the objectives of 

18 the program. 

19 ‘‘(c) DUTIES OF PARTNERS.— 

20 ‘‘(1) IN GENERAL.—Under a partnership agree21 ment, the eligible partner shall— 

22 ‘‘(A) define the scope of a project, includ23 ing— 

24 ‘‘(i) the eligible activities to be imple25 mented; 


rfrederick on DSK6VPTVN1PROD with BILLS
860 

•HR 1947 RH

1 ‘‘(ii) the potential agricultural or non2 industrial private forest land operations af3 fected; 

4 ‘‘(iii) the local, State, multi-State, or 

5 other geographic area covered; and 

6 ‘‘(iv) the planning, outreach, imple7 mentation, and assessment to be con8 ducted; 

9 ‘‘(B) conduct outreach to producers for po10 tential participation in the project; 

11 ‘‘(C) at the request of a producer, act on 

12 behalf of a producer participating in the project 

13 in applying for assistance under section 1271C; 

14 ‘‘(D) leverage financial or technical assist15 ance provided by the Secretary with additional 

16 funds to help achieve the project objectives; 

17 ‘‘(E) conduct an assessment of the 

18 project’s effects; and 

19 ‘‘(F) at the conclusion of the project, re20 port to the Secretary on its results and funds 

21 leveraged. 

22 ‘‘(2) CONTRIBUTION.—An eligible partner shall 

23 provide a significant portion of the overall costs of 

24 the scope of the project that is the subject of the 


rfrederick on DSK6VPTVN1PROD with BILLS
861 

•HR 1947 RH

1 agreement entered into under subsection (a), as de2 termined by the Secretary. 

3 ‘‘(d) APPLICATIONS.— 

4 ‘‘(1) COMPETITIVE PROCESS.—The Secretary 

5 shall conduct a competitive process to select applica6 tions for partnership agreements and may assess 

7 and rank applications with similar conservation pur8 poses as a group. 

9 ‘‘(2) CRITERIA USED.—In carrying out the 

10 process described in paragraph (1), the Secretary 

11 shall make public the criteria used in evaluating ap12 plications. 

13 ‘‘(3) CONTENT.—An application to the Sec14 retary shall include a description of— 

15 ‘‘(A) the scope of the project, as described 

16 in subsection (c)(1)(A); 

17 ‘‘(B) the plan for monitoring, evaluating, 

18 and reporting on progress made towards achiev19 ing the project’s objectives; 

20 ‘‘(C) the program resources requested for 

21 the project, including the covered programs to 

22 be used and estimated funding needed from the 

23 Secretary; 

24 ‘‘(D) eligible partners collaborating to 

25 achieve project objectives, including their roles, 


rfrederick on DSK6VPTVN1PROD with BILLS
862 

•HR 1947 RH

1 responsibilities, capabilities, and financial con2 tribution; and 

3 ‘‘(E) any other elements the Secretary con4 siders necessary to adequately evaluate and 

5 competitively select applications for funding 

6 under the program. 

7 ‘‘(4) PRIORITY TO CERTAIN APPLICATIONS.— 

8 The Secretary may give a higher priority to applica9 tions that— 

10 ‘‘(A) assist producers in meeting or avoid11 ing the need for a natural resource regulatory 

12 requirement; 

13 ‘‘(B) have a high percentage of eligible 

14 producers in the area to be covered by the 

15 agreement; 

16 ‘‘(C) significantly leverage non-Federal fi17 nancial and technical resources and coordinate 

18 with other local, State, or national efforts; 

19 ‘‘(D) deliver high percentages of applied 

20 conservation to address conservation priorities 

21 or regional, State, or national conservation ini22 tiatives; 

23 ‘‘(E) provide innovation in conservation 

24 methods and delivery, including outcome-based 

25 performance measures and methods; or 


rfrederick on DSK6VPTVN1PROD with BILLS
863 

•HR 1947 RH

1 ‘‘(F) meet other factors that are important 

2 for achieving the purposes of the program, as 

3 determined by the Secretary. 

4 ‘‘SEC. 1271C. ASSISTANCE TO PRODUCERS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall enter into 

6 contracts with producers to provide financial and technical 

7 assistance to— 

8 ‘‘(1) producers participating in a project with 

9 an eligible partner, as described in section 1271B; or 

10 ‘‘(2) producers that fit within the scope of a 

11 project described in section 1271B or a critical con12 servation area designated under section 1271F, but 

13 who are seeking to implement an eligible activity on 

14 eligible land independent of a partner. 

15 ‘‘(b) TERMS AND CONDITIONS.— 

16 ‘‘(1) CONSISTENCY WITH PROGRAM RULES.— 

17 Except as provided in paragraph (2), the Secretary 

18 shall ensure that the terms and conditions of a con19 tract under this section are consistent with the ap20 plicable rules of the covered programs to be used as 

21 part of the project, as described in the application 

22 under section 1271B(d)(3)(C). 

23 ‘‘(2) ADJUSTMENTS.—Except with respect to 

24 statutory program requirements governing appeals, 

25 payment limitations, and conservation compliance, 


rfrederick on DSK6VPTVN1PROD with BILLS
864 

•HR 1947 RH

1 the Secretary may adjust the discretionary program 

2 rules of a covered program— 

3 ‘‘(A) to provide a simplified application 

4 and evaluation process; and 

5 ‘‘(B) to better reflect unique local cir6 cumstances and purposes if the Secretary deter7 mines such adjustments are necessary to 

8 achieve the purposes of the program. 

9 ‘‘(c) PAYMENTS.— 

10 ‘‘(1) IN GENERAL.—In accordance with statu11 tory requirements of the covered programs involved, 

12 the Secretary may make payments to a producer in 

13 an amount determined by the Secretary to be nec14 essary to achieve the purposes of the program. 

15 ‘‘(2) PAYMENTS TO PRODUCERS IN STATES

16 WITH WATER QUANTITY CONCERNS.—The Secretary 

17 may provide payments to producers participating in 

18 a project that addresses water quantity concerns for 

19 a period of five years in an amount sufficient to en20 courage conversion from irrigated farming to 

21 dryland farming. 

22 ‘‘(3) WAIVER AUTHORITY.—To assist in the im23 plementation of the program, the Secretary may 

24 waive the applicability of the limitation in section 

25 1001D(b)(2) of this Act for participating producers 


rfrederick on DSK6VPTVN1PROD with BILLS
865 

•HR 1947 RH

1 if the Secretary determines that the waiver is nec2 essary to fulfill the objectives of the program. 

3 ‘‘SEC. 1271D. FUNDING. 

4 ‘‘(a) AVAILABILITY OF FUNDS.—The Secretary shall 

5 use $100,000,000 of the funds of the Commodity Credit 

6 Corporation for each of fiscal years 2014 through 2018 

7 to carry out the program. 

8 ‘‘(b) DURATION OF AVAILABILITY.—Funds made 

9 available under subsection (a) shall remain available until 

10 expended. 

11 ‘‘(c) ADDITIONAL FUNDING AND ACRES.— 

12 ‘‘(1) IN GENERAL.—In addition to the funds 

13 made available under subsection (a), the Secretary 

14 shall reserve 6 percent of the funds and acres made 

15 available for a covered program for each of fiscal 

16 years 2014 through 2018 in order to ensure addi17 tional resources are available to carry out this pro18 gram. 

19 ‘‘(2) UNUSED FUNDS AND ACRES.—Any funds 

20 or acres reserved under paragraph (1) for a fiscal 

21 year from a covered program that are not obligated 

22 under this program by April 1 of that fiscal year 

23 shall be returned for use under the covered program. 


rfrederick on DSK6VPTVN1PROD with BILLS
866 

•HR 1947 RH

1 ‘‘(d) ALLOCATION OF FUNDING.—Of the funds and 

2 acres made available for the program under subsections 

3 (a) and (c), the Secretary shall allocate— 

4 ‘‘(1) 25 percent of the funds and acres to 

5 projects based on a State competitive process admin6 istered by the State Conservationist, with the advice 

7 of the State technical committee established under 

8 subtitle G; 

9 ‘‘(2) 50 percent of the funds and acres to 

10 projects based on a national competitive process to 

11 be established by the Secretary; and 

12 ‘‘(3) 25 percent of the funds and acres to 

13 projects for the critical conservation areas des14 ignated under section 1271F. 

15 ‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

16 None of the funds made available under the program may 

17 be used to pay for the administrative expenses of eligible 

18 partners. 

19 ‘‘SEC. 1271E. ADMINISTRATION. 

20 ‘‘(a) DISCLOSURE.—In addition to the criteria used 

21 in evaluating applications as described in section 

22 1271B(d)(2), the Secretary shall make publicly available 

23 information on projects selected through the competitive 

24 process described in section 1271B(d)(1). 


rfrederick on DSK6VPTVN1PROD with BILLS
867 

•HR 1947 RH

1 ‘‘(b) REPORTING.—Not later than December 31, 

2 2014, and every two years thereafter, the Secretary shall 

3 submit to the Committee on Agriculture of the House of 

4 Representatives and the Committee on Agriculture, Nutri5 tion, and Forestry of the Senate a report on the status 

6 of projects funded under the program, including— 

7 ‘‘(1) the number and types of eligible partners 

8 and producers participating in the partnership 

9 agreements selected; 

10 ‘‘(2) the number of producers receiving assist11 ance; and 

12 ‘‘(3) total funding committed to projects, in13 cluding from Federal and non-Federal resources. 

14 ‘‘SEC. 1271F. CRITICAL CONSERVATION AREAS. 

15 ‘‘(a) IN GENERAL.—In administering funds under 

16 section 1271D(d)(3), the Secretary shall select applica17 tions for partnership agreements and producer contracts 

18 within critical conservation areas designated under this 

19 section. 

20 ‘‘(b) CRITICAL CONSERVATION AREA DESIGNA21 TIONS.— 

22 ‘‘(1) PRIORITY.—In designating critical con23 servation areas under this section, the Secretary 

24 shall give priority to geographical areas based on the 

25 degree to which the geographical area— 


rfrederick on DSK6VPTVN1PROD with BILLS
868 

•HR 1947 RH

1 ‘‘(A) includes multiple States with signifi2 cant agricultural production; 

3 ‘‘(B) is covered by an existing regional, 

4 State, binational, or multistate agreement or 

5 plan that has established objectives, goals, and 

6 work plans and is adopted by a Federal, State, 

7 or regional authority; 

8 ‘‘(C) would benefit from water quality im9 provement, including through reducing erosion, 

10 promoting sediment control, and addressing nu11 trient management activities affecting large 

12 bodies of water of regional, national, or inter13 national significance; 

14 ‘‘(D) would benefit from water quantity 

15 improvement, including improvement relating 

16 to— 

17 ‘‘(i) groundwater, surface water, aqui18 fer, or other water sources; or 

19 ‘‘(ii) a need to promote water reten20 tion and flood prevention; or 

21 ‘‘(E) contains producers that need assist22 ance in meeting or avoiding the need for a nat23 ural resource regulatory requirement that could 

24 have a negative economic impact on agricultural 

25 operations within the area. 


rfrederick on DSK6VPTVN1PROD with BILLS
869 

•HR 1947 RH

1 ‘‘(2) LIMITATION.—The Secretary may not des2 ignate more than 8 geographical areas as critical 

3 conservation areas under this section. 

4 ‘‘(c) ADMINISTRATION.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall administer any part7 nership agreement or producer contract under this 

8 section in a manner that is consistent with the terms 

9 of the program. 

10 ‘‘(2) RELATIONSHIP TO EXISTING ACTIVITY.— 

11 The Secretary shall, to the maximum extent prac12 ticable, ensure that eligible activities carried out in 

13 critical conservation areas designated under this sec14 tion complement and are consistent with other Fed15 eral and State programs and water quality and 

16 quantity strategies. 

17 ‘‘(3) ADDITIONAL AUTHORITY.—For a critical 

18 conservation area described in subsection (b)(1)(D), 

19 the Secretary may use authorities under the Water20 shed Protection and Flood Prevention Act (16 

21 U.S.C. 1001 et seq.), other than section 14 of such 

22 Act (16 U.S.C. 1012), to carry out projects for the 

23 purposes of this section.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall take effect on October 1, 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
870 

•HR 1947 RH

1 Subtitle F—Other Conservation 

2 Programs 

3 SEC. 2501. CONSERVATION OF PRIVATE GRAZING LAND. 

4 Section 1240M(e) of the Food Security Act of 1985 

5 (16 U.S.C. 3839bb(e)) is amended by striking ‘‘2012’’ and 

6 inserting ‘‘2018’’. 

7 SEC. 2502. GRASSROOTS SOURCE WATER PROTECTION 

8 PROGRAM. 

9 Section 1240O(b) of the Food Security Act of 1985 

10 (16 U.S.C. 3839bb–2) is amended to read as follows: 

11 ‘‘(b) FUNDING.— 

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this section $20,000,000 for each of fiscal years 

15 2008 through 2018. 

16 ‘‘(2) AVAILABILITY OF FUNDS.—In addition to 

17 funds made available under paragraph (1), of the 

18 funds of the Commodity Credit Corporation, the 

19 Secretary shall use $5,000,000, to remain available 

20 until expended.’’. 

21 SEC. 2503. VOLUNTARY PUBLIC ACCESS AND HABITAT IN22 CENTIVE PROGRAM. 

23 (a) FUNDING.—Section 1240R(f)(1) of the Food Se24 curity Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended 

25 by inserting before the period at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
871 

•HR 1947 RH

1 ‘‘and $30,000,000 for the period of fiscal years 2014 

2 through 2018’’. 

3 (b) REPORT ON PROGRAM EFFECTIVENESS.—Not 

4 later than two years after the date of the enactment of 

5 this Act, the Secretary of Agriculture shall submit to the 

6 Committee on Agriculture of the House of Representatives 

7 and the Committee on Agriculture, Nutrition, and For8 estry of the Senate a report evaluating the effectiveness 

9 of the voluntary public access program established by sec10 tion 1240R of the Food Security Act of 1985 (16 U.S.C. 

11 3839bb–5), including— 

12 (1) identifying cooperating agencies; 

13 (2) identifying the number of land holdings and 

14 total acres enrolled by each State and tribal govern15 ment; 

16 (3) evaluating the extent of improved access on 

17 eligible lands, improved wildlife habitat, and related 

18 economic benefits; and 

19 (4) any other relevant information and data re20 lating to the program that would be helpful to such 

21 Committees. 


rfrederick on DSK6VPTVN1PROD with BILLS
872 

•HR 1947 RH

1 SEC. 2504. AGRICULTURE CONSERVATION EXPERIENCED 

2 SERVICES PROGRAM. 

3 (a) FUNDING.—Subsection (c) of section 1252 of the 

4 Food Security Act of 1985 (16 U.S.C. 3851) is amended 

5 to read as follows: 

6 ‘‘(c) FUNDING.— 

7 ‘‘(1) IN GENERAL.—The Secretary may carry 

8 out the ACES program using funds made available 

9 to carry out each program under this title. 

10 ‘‘(2) EXCLUSION.—Funds made available to 

11 carry out the conservation reserve program may not 

12 be used to carry out the ACES program.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect on October 1, 2013. 

15 SEC. 2505. SMALL WATERSHED REHABILITATION PRO16 GRAM. 

17 (a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of 

18 the Watershed Protection and Flood Prevention Act (16 

19 U.S.C. 1012(h)(1)) is amended— 

20 (1) in subparagraph (E), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (2) in subparagraph (F), by striking the period 

23 and inserting a semicolon; 

24 (3) in subparagraph (G), by striking the period 

25 and inserting ‘‘; and’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
873 

•HR 1947 RH

1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(H) $250,000,000 for fiscal year 2014, to 

4 remain available until expended.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 14(h)(2)(E) of the Watershed Protection and Flood Pre7 vention Act (16 U.S.C. 1012(h)(2)(E)) is amended by 

8 striking ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 2506. AGRICULTURAL MANAGEMENT ASSISTANCE 

10 PROGRAM. 

11 (a) USES.—Section 524(b)(2) of the Federal Crop 

12 Insurance Act (7 U.S.C. 1524(b)(2)) is amended— 

13 (1) by striking subparagraph (B) and redesig14 nating subparagraphs (C) through (F) as subpara15 graphs (B) through (E), respectively; and 

16 (2) in subparagraph (B) (as so redesignated)— 

17 (A) in the matter preceding clause (i), by 

18 striking ‘‘or resource conservation practices’’; 

19 and 

20 (B) by striking clause (i) and redesig21 nating clauses (ii) through (iv) as clauses (i) 

22 through (iii), respectively. 

23 (b) COMMODITY CREDIT CORPORATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
874 

•HR 1947 RH

1 (1) FUNDING.—Section 524(b)(4)(B) of the 

2 Federal Crop Insurance Act (7 U.S.C. 

3 1524(b)(4)(B)) is amended to read as follows: 

4 ‘‘(B) FUNDING.—The Commodity Credit 

5 Corporation shall make available to carry out 

6 this subsection not less than $10,000,000 for 

7 each fiscal year.’’. 

8 (2) CERTAIN USES.—Section 524(b)(4)(C) of 

9 the Federal Crop Insurance Act (7 U.S.C. 

10 1524(b)(4)(C)) is amended— 

11 (A) in clause (i)— 

12 (i) by striking ‘‘50’’ and inserting 

13 ‘‘30’’; and 

14 (ii) by striking ‘‘(A), (B), and (C)’’ 

15 and inserting ‘‘(A) and (B)’’; and 

16 (B) in clause (iii), by striking ‘‘40’’ and in17 serting ‘‘60’’. 

18 Subtitle G—Funding and 

19 Administration 

20 SEC. 2601. FUNDING. 

21 (a) IN GENERAL.—Subsection (a) of section 1241 of 

22 the Food Security Act of 1985 (16 U.S.C. 3841) is 

23 amended to read as follows: 

24 ‘‘(a) ANNUAL FUNDING.—For each of fiscal years 

25 2014 through 2018, the Secretary shall use the funds, faVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
875 

•HR 1947 RH

1 cilities, and authorities of the Commodity Credit Corpora2 tion to carry out the following programs under this title 

3 (including the provision of technical assistance): 

4 ‘‘(1) The conservation reserve program under 

5 subchapter B of chapter 1 of subtitle D, including, 

6 to the maximum extent practicable, $25,000,000 for 

7 the period of fiscal years 2014 through 2018 to 

8 carry out section 1235(f) to facilitate the transfer of 

9 land subject to contracts from retired or retiring 

10 owners and operators to beginning farmers or ranch11 ers and socially disadvantaged farmers or ranchers. 

12 ‘‘(2) The agriculture conservation easement 

13 program under subtitle H, using, to the maximum 

14 extent practicable— 

15 ‘‘(A) $425,000,000 in fiscal year 2014; 

16 ‘‘(B) $450,000,000 in fiscal year 2015; 

17 ‘‘(C) $475,000,000 in fiscal year 2016; 

18 ‘‘(D) $500,000,000 in fiscal year 2017; 

19 and 

20 ‘‘(E) $200,000,000 in fiscal year 2018. 

21 ‘‘(3) The conservation security program under 

22 subchapter A of chapter 2 of subtitle D, using such 

23 sums as are necessary to administer contracts en24 tered into before September 30, 2008. 


rfrederick on DSK6VPTVN1PROD with BILLS
876 

•HR 1947 RH

1 ‘‘(4) The conservation stewardship program 

2 under subchapter B of chapter 2 of subtitle D. 

3 ‘‘(5) The environmental quality incentives pro4 gram under chapter 4 of subtitle D, using, to the 

5 maximum extent practicable, $1,750,000,000 for 

6 each of fiscal years 2014 through 2018.’’. 

7 (b) REGIONAL EQUITY; GUARANTEED AVAILABILITY

8 OF FUNDS.—Section 1241 of the Food Security Act of 

9 1985 (16 U.S.C. 3841) is amended— 

10 (1) by striking subsection (e); 

11 (2) by redesignating subsections (b) through (d) 

12 as subsections (c) through (e); respectively; and 

13 (3) by inserting after subsection (a) the fol14 lowing new subsection: 

15 ‘‘(b) AVAILABILITY OF FUNDS.—Amounts made 

16 available by subsection (a) shall be used by the Secretary 

17 to carry out the programs specified in such subsection for 

18 fiscal years 2014 through 2018 and shall remain available 

19 until expended. Amounts made available for the programs 

20 specified in such subsection during a fiscal year through 

21 modifications, cancellations, terminations, and other re22 lated administrative actions and not obligated in that fis23 cal year shall remain available for obligation during subse24 quent fiscal years, but shall reduce the amount of addi25 tional funds made available in the subsequent fiscal year 


rfrederick on DSK6VPTVN1PROD with BILLS
877 

•HR 1947 RH

1 by an amount equal to the amount remaining unobli2 gated.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on October 1, 2013. 

5 SEC. 2602. TECHNICAL ASSISTANCE. 

6 (a) IN GENERAL.—Subsection (c) of section 1241 of 

7 the Food Security Act of 1985 (16 U.S.C. 3841), as redes8 ignated by section 2601(b)(1) of this Act, is amended to 

9 read as follows: 

10 ‘‘(c) TECHNICAL ASSISTANCE.— 

11 ‘‘(1) AVAILABILITY OF FUNDS.—Commodity 

12 Credit Corporation funds made available for a fiscal 

13 year for each of the programs specified in subsection 

14 (a)— 

15 ‘‘(A) shall be available for the provision of 

16 technical assistance for the programs for which 

17 funds are made available as necessary to imple18 ment the programs effectively; and 

19 ‘‘(B) shall not be available for the provi20 sion of technical assistance for conservation 

21 programs specified in subsection (a) other than 

22 the program for which the funds were made 

23 available. 

24 ‘‘(2) REPORT.—Not later than December 31, 

25 2013, the Secretary shall submit (and update as 


rfrederick on DSK6VPTVN1PROD with BILLS
878 

•HR 1947 RH

1 necessary in subsequent years) to the Committee on 

2 Agriculture of the House of Representatives and the 

3 Committee on Agriculture, Nutrition, and Forestry 

4 of the Senate a report— 

5 ‘‘(A) detailing the amount of technical as6 sistance funds requested and apportioned in 

7 each program specified in subsection (a) during 

8 the preceding fiscal year; and 

9 ‘‘(B) any other data relating to this sub10 section that would be helpful to such Commit11 tees.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on October 1, 2013. 

14 SEC. 2603. RESERVATION OF FUNDS TO PROVIDE ASSIST15 ANCE TO CERTAIN FARMERS OR RANCHERS 

16 FOR CONSERVATION ACCESS. 

17 (a) IN GENERAL.—Subsection (g) of section 1241 of 

18 the Food Security Act of 1985 (16 U.S.C. 3841) is 

19 amended— 

20 (1) in paragraph (1) by striking ‘‘2012’’ and in21 serting ‘‘2018’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(4) PREFERENCE.—In providing assistance 

25 under paragraph (1), the Secretary shall give prefVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
879 

•HR 1947 RH

1 erence to a veteran farmer or rancher (as defined in 

2 section 2501(e) of the Food, Agriculture, Conserva3 tion, and Trade Act of 1990 (7 U.S.C. 2279(e))) 

4 that qualifies under subparagraph (A) or (B) of 

5 paragraph (1).’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on October 1, 2013. 

8 SEC. 2604. ANNUAL REPORT ON PROGRAM ENROLLMENTS 

9 AND ASSISTANCE. 

10 (a) IN GENERAL.—Subsection (h) of section 1241 of 

11 the Food Security Act of 1985 (16 U.S.C. 3841) is 

12 amended— 

13 (1) in paragraph (1), by striking ‘‘wetlands re14 serve program’’ and inserting ‘‘agricultural conserva15 tion easement program’’; 

16 (2) by striking paragraphs (2) and (3) and re17 designating paragraphs (4), (5), and (6) as para18 graphs (2), (3), and (4), respectively; and 

19 (3) in paragraph (3) (as so redesignated)— 

20 (A) by striking ‘‘agricultural water en21 hancement program’’ and inserting ‘‘regional 

22 conservation partnership program’’; and 

23 (B) by striking ‘‘1240I(g)’’ and inserting 

24 ‘‘1271C(c)(3)’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
880 

•HR 1947 RH

1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2013. 

3 SEC. 2605. REVIEW OF CONSERVATION PRACTICE STAND4 ARDS. 

5 Section 1242(h)(1)(A) of the Food Security Act of 

6 1985 (16 U.S.C. 3842(h)(1)(A)) is amended by striking 

7 ‘‘the Food, Conservation, and Energy Act of 2008’’ and 

8 inserting ‘‘the Federal Agriculture Reform and Risk Man9 agement Act of 2013’’. 

10 SEC. 2606. ADMINISTRATIVE REQUIREMENTS APPLICABLE 

11 TO ALL CONSERVATION PROGRAMS. 

12 (a) IN GENERAL.—Section 1244 of the Food Security 

13 Act of 1985 (16 U.S.C. 3844) is amended— 

14 (1) in subsection (a)(2), by adding at the end 

15 the following new subparagraph: 

16 ‘‘(E) Veteran farmers or ranchers (as de17 fined in section 2501(e) of the Food, Agri18 culture, Conservation, and Trade Act of 1990 

19 (7 U.S.C. 2279(e))).’’; 

20 (2) in subsection (d), by inserting ‘‘, H, and I’’ 

21 before the period at the end; 

22 (3) in subsection (f)— 

23 (A) in paragraph (1)(B), by striking 

24 ‘‘country’’ and inserting ‘‘county’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
881 

•HR 1947 RH

1 (B) in paragraph (3), by striking ‘‘sub2 section (c)(2)(B) or (f)(4)’’ and inserting ‘‘sub3 section (c)(2)(A)(ii) or (f)(2)’’; and 

4 (4) by adding at the end the following new sub5 sections: 

6 ‘‘(j) IMPROVED ADMINISTRATIVE EFFICIENCY AND

7 EFFECTIVENESS.—In administrating a conservation pro8 gram under this title, the Secretary shall, to the maximum 

9 extent practicable— 

10 ‘‘(1) seek to reduce administrative burdens and 

11 costs to producers by streamlining conservation 

12 planning and program resources; and 

13 ‘‘(2) take advantage of new technologies to en14 hance efficiency and effectiveness. 

15 ‘‘(k) RELATION TO OTHER PAYMENTS.—Any pay16 ment received by an owner or operator under this title, 

17 including an easement payment or rental payment, shall 

18 be in addition to, and not affect, the total amount of pay19 ments that the owner or operator is otherwise eligible to 

20 receive under any of the following: 

21 ‘‘(1) This Act. 

22 ‘‘(2) The Agricultural Act of 1949 (7 U.S.C. 

23 1421 et seq.). 

24 ‘‘(3) The Federal Agriculture Reform and Risk 

25 Management Act of 2013. 


rfrederick on DSK6VPTVN1PROD with BILLS
882 

•HR 1947 RH

1 ‘‘(4) Any law that succeeds a law specified in 

2 paragraph (1), (2), or (3).’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on October 1, 2013. 

5 SEC. 2607. STANDARDS FOR STATE TECHNICAL COMMIT6 TEES. 

7 Section 1261(b) of the Food Security Act of 1985 

8 (16 U.S.C. 3861(b)) is amended by striking ‘‘Not later 

9 than 180 days after the date of enactment of the Food, 

10 Conservation, and Energy Act of 2008, the Secretary shall 

11 develop’’ and inserting ‘‘The Secretary shall review and 

12 update as necessary’’. 

13 SEC. 2608. RULEMAKING AUTHORITY. 

14 Subtitle E of title XII of the Food Security Act of 

15 1985 (16 U.S.C. 3841 et seq.) is amended by adding at 

16 the end the following new section: 

17 ‘‘SEC. 1246. REGULATIONS. 

18 ‘‘(a) IN GENERAL.—The Secretary shall promulgate 

19 such regulations as are necessary to implement programs 

20 under this title, including such regulations as the Sec21 retary determines to be necessary to ensure a fair and rea22 sonable application of the limitations established under 

23 section 1244(f). 


rfrederick on DSK6VPTVN1PROD with BILLS
883 

•HR 1947 RH

1 ‘‘(b) RULEMAKING PROCEDURE.—The promulgation 

2 of regulations and administration of programs under this 

3 title— 

4 ‘‘(1) shall be carried out without regard to— 

5 ‘‘(A) the Statement of Policy of the Sec6 retary effective July 24, 1971 (36 Fed. Reg. 

7 13804), relating to notices of proposed rule8 making and public participation in rulemaking; 

9 and 

10 ‘‘(B) chapter 35 of title 44, United States 

11 Code (commonly known as the Paperwork Re12 duction Act); and 

13 ‘‘(2) shall be made as an interim rule effective 

14 on publication with an opportunity for notice and 

15 comment. 

16 ‘‘(2) shall be made pursuant to section 

17 553 of title 5, United States Code, includ18 ing by interim rules effective on publica19 tion under the authority provided in sub20 paragraph (B) of subsection (b) of such 

21 section if the Secretary determines such 

22 interim rules to be needed and final 

23 rules, with an opportunity for notice and 

24 comment, no later than 21 months after 

25 the date of the enactment of the Federal 


rfrederick on DSK6VPTVN1PROD with BILLS
884 

•HR 1947 RH

1 Agriculture Reform and Risk Manage2 ment Act of 2013. 

3 ‘‘(c) CONGRESSIONAL REVIEW OF AGENCY RULE4 MAKING.—In promulgating regulations under this section, 

5 the Secretary shall use the authority provided under sec6 tion 808 of title 5, United States Code.’’. 

7 Subtitle H—Repeal of Superseded 

8 Program Authorities and Tran9 sitional Provisions; Technical 

10 Amendments 

11 SEC. 2701. COMPREHENSIVE CONSERVATION ENHANCE12 MENT PROGRAM. 

13 (a) REPEAL.—Section 1230 of the Food Security Act 

14 of 1985 (16 U.S.C. 3830) is repealed. 

15 (b) CONFORMING AMENDMENT.—The heading of 

16 chapter 1 of subtitle D of title XII of the Food Security 

17 Act of 1985 (16 U.S.C. 3830 et seq.) is amended to read 

18 as follows: ‘‘CONSERVATION RESERVE’’. 

19 SEC. 2702. EMERGENCY FORESTRY CONSERVATION RE20 SERVE PROGRAM. 

21 (a) REPEAL.—Section 1231A of the Food Security 

22 Act of 1985 (16 U.S.C. 3831a) is repealed. 

23 (b) TRANSITIONAL PROVISIONS.— 

24 (1) EFFECT ON EXISTING CONTRACTS.—The 

25 amendment made by this section shall not affect the 


rfrederick on DSK6VPTVN1PROD with BILLS
885 

•HR 1947 RH

1 validity or terms of any contract entered into by the 

2 Secretary of Agriculture under section 1231A of the 

3 Food Security Act of 1985 (16 U.S.C. 3831a) before 

4 October 1, 2013, or any payments required to be 

5 made in connection with the contract. 

6 (2) FUNDING.—The Secretary may use funds 

7 made available to carry out the conservation reserve 

8 program under subchapter B of chapter 1 of subtitle 

9 D of title XII of the Food Security Act of 1985 (16 

10 U.S.C. 3831 et seq.) to continue to carry out con11 tracts referred to in paragraph (1) using the provi12 sions of law and regulation applicable to such con13 tracts as they existed on September 30, 2013. 

14 (c) EFFECTIVE DATE.—The amendment made by 

15 this section shall take effect on October 1, 2013. 

16 SEC. 2703. WETLANDS RESERVE PROGRAM. 

17 (a) REPEAL.—Subchapter C of chapter 1 of subtitle 

18 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

19 3837 et seq.) is repealed. 

20 (b) TRANSITIONAL PROVISIONS.— 

21 (1) EFFECT ON EXISTING CONTRACTS.—The 

22 amendment made by this section shall not affect the 

23 validity or terms of any contract entered into by the 

24 Secretary of Agriculture under subchapter C of 

25 chapter 1 of subtitle D of title XII of the Food SeVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
886 

•HR 1947 RH

1 curity Act of 1985 (16 U.S.C. 3837 et seq.) before 

2 October 1, 2013, or any payments required to be 

3 made in connection with the contract. 

4 (2) FUNDING.—The Secretary may use funds 

5 made available to carry out the agricultural con6 servation easement program under subtitle H of title 

7 XII of the Food Security Act of 1985, as added by 

8 section 2301 of this Act, to continue to carry out 

9 contracts referred to in paragraph (1) using the pro10 visions of law and regulation applicable to such con11 tracts as they existed on September 30, 2013. 

12 (c) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on October 1, 2013. 

14 SEC. 2704. FARMLAND PROTECTION PROGRAM AND FARM 

15 VIABILITY PROGRAM. 

16 (a) REPEAL.—Subchapter C of chapter 2 of subtitle 

17 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

18 3838h et seq.) is repealed. 

19 (b) CONFORMING AMENDMENT.—The heading of 

20 chapter 2 of subtitle D of title XII of the Food Security 

21 Act of 1985 (16 U.S.C. 3838 et seq.) is amended by strik22 ing ‘‘AND FARMLAND PROTECTION’’. 

23 (c) TRANSITIONAL PROVISIONS.— 

24 (1) EFFECT ON EXISTING CONTRACTS.—The 

25 amendments made by this section shall not affect 


rfrederick on DSK6VPTVN1PROD with BILLS
887 

•HR 1947 RH

1 the validity or terms of any contract entered into by 

2 the Secretary of Agriculture under subchapter C of 

3 chapter 2 of subtitle D of title XII of the Food Se4 curity Act of 1985 (16 U.S.C. 3838h et seq.) before 

5 October 1, 2013, or any payments required to be 

6 made in connection with the contract. 

7 (2) FUNDING.—The Secretary may use funds 

8 made available to carry out the agricultural con9 servation easement program under subtitle H of title 

10 XII of the Food Security Act of 1985, as added by 

11 section 2301 of this Act, to continue to carry out 

12 contracts referred to in paragraph (1) using the pro13 visions of law and regulation applicable to such con14 tracts as they existed on September 30, 2013. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on October 1, 2013. 

17 SEC. 2705. GRASSLAND RESERVE PROGRAM. 

18 (a) REPEAL.—Subchapter D of chapter 2 of subtitle 

19 D of title XII of the Food Security Act of 1985 (16 U.S.C. 

20 3838n et seq.) is repealed. 

21 (b) TRANSITIONAL PROVISIONS.— 

22 (1) EFFECT ON EXISTING CONTRACTS.—The 

23 amendment made by this section shall not affect the 

24 validity or terms of any contract entered into by the 

25 Secretary of Agriculture under subchapter D of 


rfrederick on DSK6VPTVN1PROD with BILLS
888 

•HR 1947 RH

1 chapter 2 of subtitle D of title XII of the Food Se2 curity Act of 1985 (16 U.S.C. 3838n et seq.) before 

3 October 1, 2013, or any payments required to be 

4 made in connection with the contract. 

5 (2) FUNDING.—The Secretary may use funds 

6 made available to carry out the agricultural con7 servation easement program under subtitle H of title 

8 XII of the Food Security Act of 1985, as added by 

9 section 2301 of this Act, to continue to carry out 

10 contracts referred to in paragraph (1) using the pro11 visions of law and regulation applicable to such con12 tracts as they existed on September 30, 2013. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect on October 1, 2013. 

15 SEC. 2706. AGRICULTURAL WATER ENHANCEMENT PRO16 GRAM. 

17 (a) REPEAL.—Section 1240I of the Food Security 

18 Act of 1985 (16 U.S.C. 3839aa–9) is repealed. 

19 (b) TRANSITIONAL PROVISIONS.— 

20 (1) EFFECT ON EXISTING CONTRACTS.—The 

21 amendment made by this section shall not affect the 

22 validity or terms of any contract entered into by the 

23 Secretary of Agriculture under section 1240I of the 

24 Food Security Act of 1985 (16 U.S.C. 3839aa–9) 


rfrederick on DSK6VPTVN1PROD with BILLS
889 

•HR 1947 RH

1 before October 1, 2013, or any payments required to 

2 be made in connection with the contract. 

3 (2) FUNDING.—The Secretary may use funds 

4 made available to carry out the regional conservation 

5 partnership program under subtitle I of title XII of 

6 the Food Security Act of 1985, as added by section 

7 2401 of this Act, to continue to carry out contracts 

8 referred to in paragraph (1) using the provisions of 

9 law and regulation applicable to such contracts as 

10 they existed on September 30, 2013. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on October 1, 2013. 

13 SEC. 2707. WILDLIFE HABITAT INCENTIVE PROGRAM. 

14 (a) REPEAL.—Section 1240N of the Food Security 

15 Act of 1985 (16 U.S.C. 3839bb–1) is repealed. 

16 (b) TRANSITIONAL PROVISIONS.— 

17 (1) EFFECT ON EXISTING CONTRACTS.—The 

18 amendment made by this section shall not affect the 

19 validity or terms of any contract entered into by the 

20 Secretary of Agriculture under section 1240N of the 

21 Food Security Act of 1985 (16 U.S.C. 3839bb–1) 

22 before October 1, 2013, or any payments required to 

23 be made in connection with the contract. 

24 (2) FUNDING.—The Secretary may use funds 

25 made available to carry out the environmental qualVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
890 

•HR 1947 RH

1 ity incentives program under chapter 4 of subtitle D 

2 of title XII of the Food Security Act of 1985 (16 

3 U.S.C. 3839aa et seq.) to continue to carry out con4 tracts referred to in paragraph (1) using the provi5 sions of law and regulation applicable to such con6 tracts as they existed on September 30, 2013. 

7 (c) EFFECTIVE DATE.—The amendment made by 

8 this section shall take effect on October 1, 2013. 

9 SEC. 2708. GREAT LAKES BASIN PROGRAM. 

10 (a) REPEAL.—Section 1240P of the Food Security 

11 Act of 1985 (16 U.S.C. 3839bb–3) is repealed. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on October 1, 2013. 

14 SEC. 2709. CHESAPEAKE BAY WATERSHED PROGRAM. 

15 (a) REPEAL.—Section 1240Q of the Food Security 

16 Act of 1985 (16 U.S.C. 3839bb–4) is repealed. 

17 (b) TRANSITIONAL PROVISIONS.— 

18 (1) EFFECT ON EXISTING CONTRACTS.—The 

19 amendment made by this section shall not affect the 

20 validity or terms of any contract entered into by the 

21 Secretary of Agriculture under section 1240Q of the 

22 Food Security Act of 1985 (16 U.S.C. 3839bb–4) 

23 before October 1, 2013, or any payments required to 

24 be made in connection with the contract. 


rfrederick on DSK6VPTVN1PROD with BILLS
891 

•HR 1947 RH

1 (2) FUNDING.—The Secretary may use funds 

2 made available to carry out the regional conservation 

3 partnership program under subtitle I of title XII of 

4 the Food Security Act of 1985, as added by section 

5 2401 of this Act, to continue to carry out contracts 

6 referred to in paragraph (1) using the provisions of 

7 law and regulation applicable to such contracts as 

8 they existed on September 30, 2013. 

9 (c) EFFECTIVE DATE.—The amendment made by 

10 this section shall take effect on October 1, 2013. 

11 SEC. 2710. COOPERATIVE CONSERVATION PARTNERSHIP 

12 INITIATIVE. 

13 (a) REPEAL.—Section 1243 of the Food Security Act 

14 of 1985 (16 U.S.C. 3843) is repealed. 

15 (b) TRANSITIONAL PROVISIONS.— 

16 (1) EFFECT ON EXISTING CONTRACTS.—The 

17 amendment made by this section shall not affect the 

18 validity or terms of any contract entered into by the 

19 Secretary of Agriculture under section 1243 of the 

20 Food Security Act of 1985 (16 U.S.C. 3843) before 

21 October 1, 2013, or any payments required to be 

22 made in connection with the contract. 

23 (2) FUNDING.—The Secretary may use funds 

24 made available to carry out the regional conservation 

25 partnership program under subtitle I of title XII of 


rfrederick on DSK6VPTVN1PROD with BILLS
892 

•HR 1947 RH

1 the Food Security Act of 1985, as added by section 

2 2401 of this Act, to continue to carry out contracts 

3 referred to in paragraph (1) using the provisions of 

4 law and regulation applicable to such contracts as 

5 they existed on September 30, 2013. 

6 (c) EFFECTIVE DATE.—The amendment made by 

7 this section shall take effect on October 1, 2013. 

8 SEC. 2711. ENVIRONMENTAL EASEMENT PROGRAM. 

9 Chapter 3 of subtitle D of title XII of the Food Secu10 rity Act of 1985 (16 U.S.C. 3839 et seq.) is repealed. 

11 SEC. 2712. TECHNICAL AMENDMENTS. 

12 (a) DEFINITIONS.—Section 1201(a) of the Food Se13 curity Act of 1985 (16 U.S.C. 3801(a)) is amended in the 

14 matter preceding paragraph (1) by striking ‘‘E’’ and in15 serting ‘‘I’’. 

16 (b) PROGRAM INELIGIBILITY.—Section 1211(a) of 

17 the Food Security Act of 1985 (16 U.S.C. 3811(a)) is 

18 amended by striking ‘‘predominate’’ each place it appears 

19 and inserting ‘‘predominant’’. 

20 (c) SPECIALTY CROP PRODUCERS.—Section 1242(i) 

21 of the Food Security Act of 1985 (16 U.S.C. 3842(i)) is 

22 amended in the header by striking ‘‘SPECIALITY’’ and in23 serting ‘‘SPECIALTY’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
893 

•HR 1947 RH

1 TITLE III—TRADE 

2 Subtitle A—Food for Peace Act 

3 SEC. 3001. GENERAL AUTHORITY. 

4 Section 201 of the Food for Peace Act (7 U.S.C. 

5 1721) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 inserting ‘‘(to be implemented by the Adminis8 trator)’’ after ‘‘under this title’’; and 

9 (2) by striking paragraph (7) and the second 

10 sentence and inserting the following new paragraph: 

11 ‘‘(7) build resilience to mitigate and prevent 

12 food crises and reduce the future need for emer13 gency aid.’’. 

14 SEC. 3002. SUPPORT FOR ORGANIZATIONS THROUGH 

15 WHICH ASSISTANCE IS PROVIDED. 

16 Section 202(e)(1) of the Food for Peace Act (7 

17 U.S.C. 1722(e)(1)) is amended by striking ‘‘13 percent’’ 

18 and inserting ‘‘11 percent’’. 

19 SEC. 3003. FOOD AID QUALITY. 

20 Section 202(h) of the Food for Peace Act (7 U.S.C. 

21 1722(h)) is amended— 

22 (1) in paragraph (1)— 

23 (A) in the matter preceding subparagraph 

24 (A)— 


rfrederick on DSK6VPTVN1PROD with BILLS
894 

•HR 1947 RH

1 (i) by striking ‘‘The Administrator 

2 shall use funds made available for fiscal 

3 year 2009’’ and inserting ‘‘In consultation 

4 with the Secretary, the Administrator shall 

5 use funds made available for fiscal year 

6 2013’’; and 

7 (ii) by inserting ‘‘to establish a mech8 anism’’ after ‘‘this title’’; 

9 (B) by striking ‘‘and’’ at the end of sub10 paragraph (B); and 

11 (C) by striking subparagraph (C) and in12 serting the following new paragraphs: 

13 ‘‘(C) to evaluate, as necessary, the use of 

14 current and new agricultural commodities and 

15 products thereof in different program settings 

16 and for particular recipient groups, including 

17 the testing of prototypes; 

18 ‘‘(D) to establish and implement appro19 priate protocols for quality assurance of food 

20 products procured by the Secretary for food aid 

21 programs; and 

22 ‘‘(E) to periodically update program guide23 lines on the recommended use of agricultural 

24 commodities and food products in food aid pro25 grams to reflect findings from the implementaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
895 

•HR 1947 RH

1 tion of this subsection and other relevant infor2 mation.’’; 

3 (2) in paragraph (2), by striking ‘‘The Adminis4 trator’’ and inserting ‘‘In consultation with the Sec5 retary, the Administrator’’; and 

6 (3) in paragraph (3), by striking ‘‘section 

7 207(f)’’ and all that follows through the period at 

8 the end and inserting the following: ‘‘section 

9 207(f)— 

10 ‘‘(A) for fiscal years 2009 through 2013, 

11 not more than $4,500,000 may be used to carry 

12 out this subsection; and 

13 ‘‘(B) for fiscal years 2014 through 2018, 

14 not more than $1,000,000 may be used to carry 

15 out this subsection.’’. 

16 SEC. 3004. MINIMUM LEVELS OF ASSISTANCE. 

17 Section 204(a) of the Food for Peace Act (7 U.S.C. 

18 1724(a)) is amended— 

19 (1) in paragraph (1), by striking ‘‘2012’’ and 

20 inserting ‘‘2018’’; and 

21 (2) in paragraph (2), by striking ‘‘2012’’ and 

22 inserting ‘‘2018’’. 

23 SEC. 3005. FOOD AID CONSULTATIVE GROUP. 

24 (a) MEMBERSHIP.—Section 205(b) of the Food for 

25 Peace Act (7 U.S.C. 1725(b)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
896 

•HR 1947 RH

1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (6); 

3 (2) by redesignating paragraph (7) as para4 graph (8); and 

5 (3) by inserting after paragraph (6) the fol6 lowing new paragraph: 

7 ‘‘(7) representatives from the United States ag8 ricultural processing sector involved in providing ag9 ricultural commodities for programs under this Act; 

10 and’’. 

11 (b) CONSULTATION.—Section 205(d) of the Food for 

12 Peace Act (7 U.S.C. 1725(d)) is amended— 

13 (1) by striking the first sentence and inserting 

14 the following: 

15 ‘‘(1) CONSULTATION IN ADVANCE OF ISSUANCE

16 OF IMPLEMENTATION REGULATIONS, HANDBOOKS, 

17 AND GUIDELINES.—Not later than 45 days before a 

18 proposed regulation, handbook, or guideline imple19 menting this title, or a proposed significant revision 

20 to a regulation, handbook, or guideline implementing 

21 this title, becomes final, the Administrator shall pro22 vide the proposal to the Group for review and com23 ment.’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
897 

•HR 1947 RH

1 ‘‘(2) CONSULTATION REGARDING FOOD AID

2 QUALITY EFFORTS.—The Administrator shall seek 

3 input from and consult with the Group on the imple4 mentation of section 202(h).’’. 

5 (c) REAUTHORIZATION.—Section 205(f) of the Food 

6 for Peace Act (7 U.S.C. 1725(f)) is amended by striking 

7 ‘‘2012’’ and inserting ‘‘2018’’. 

8 SEC. 3006. OVERSIGHT, MONITORING, AND EVALUATION. 

9 (a) REGULATIONS AND GUIDANCE.—Section 207(c) 

10 of the Food for Peace Act (7 U.S.C. 1726a(c)) is amend11 ed— 

12 (1) in the subsection heading, by inserting 

13 ‘‘AND GUIDANCE’’ after ‘‘REGULATIONS’’; 

14 (2) in paragraph (1), by adding at the end the 

15 following new sentence: ‘‘Not later than 270 days 

16 after the date of the enactment of the Federal Agri17 culture Reform and Risk Management Act of 2013, 

18 the Administrator shall issue all regulations and re19 visions to agency guidance necessary to implement 

20 the amendments made to this title by such Act.’’; 

21 and 

22 (3) in paragraph (2), by inserting ‘‘and guid23 ance’’ after ‘‘develop regulations’’. 

24 (b) FUNDING.—Section 207(f) of the Food for Peace 

25 Act (7 U.S.C. 1726a(f)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
898 

•HR 1947 RH

1 (1) in paragraph (2)— 

2 (A) by inserting ‘‘and’’ at the end of sub3 paragraph (D); 

4 (B) by striking ‘‘; and’’ at the end of sub5 paragraph (E) and inserting the period; and 

6 (C) by striking subparagraph (F); 

7 (2) by striking paragraphs (3) and (4); and 

8 (3) by redesignating paragraphs (5) and (6) as 

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

10 (4) in paragraph (4) (as so redesignated)— 

11 (A) in subparagraph (A), by striking 

12 ‘‘2012’’ and all that follows through the period 

13 at the end and inserting ‘‘2013, and up to 

14 $10,000,000 of such funds for each of fiscal 

15 years 2014 through 2018.’’; and 

16 (B) in subparagraph (B)(i), by striking 

17 ‘‘2012’’ and inserting ‘‘2018’’. 

18 (c) IMPLEMENTATION REPORTS.—Not later than 270 

19 days after the date of the enactment of this Act, the Ad20 ministrator of the Agency for International Development 

21 shall submit to the Committee on Agriculture, Nutrition, 

22 and Forestry of the Senate and the Committees on Agri23 culture and Foreign Affairs of the House of Representa24 tives a report describing— 


rfrederick on DSK6VPTVN1PROD with BILLS
899 

•HR 1947 RH

1 (1) the implementation of section 207(c) of the 

2 Food for Peace Act (7 U.S.C. 1726a(c)); 

3 (2) the surveys, studies, monitoring, reporting, 

4 and audit requirements for programs conducted 

5 under title II of such Act (7 U.S.C. 1721 et seq.) 

6 by an eligible organization that is a nongovern7 mental organization (as such term is defined in sec8 tion 402 of such Act (7 U.S.C. 1732)); and 

9 (3) the surveys, studies, monitoring, reporting, 

10 and audit requirements for such programs by an eli11 gible organization that is an intergovernmental orga12 nization, such as the World Food Program or other 

13 multilateral organization. 

14 SEC. 3007. ASSISTANCE FOR STOCKPILING AND RAPID 

15 TRANSPORTATION, DELIVERY, AND DIS16 TRIBUTION OF SHELF-STABLE PRE17 PACKAGED FOODS. 

18 Section 208(f) of the Food for Peace Act (7 U.S.C. 

19 1726b(f)) is amended by striking ‘‘2012’’ and inserting 

20 ‘‘2018’’. 

21 SEC. 3008. GENERAL PROVISIONS. 

22 (a) IMPACT ON LOCAL FARMERS AND ECONOMY.— 

23 Section 403(b) of the Food for Peace Act (7 U.S.C. 

24 1733(b)) is amended by adding at the end the following 

25 new sentence: ‘‘The Secretary or the Administrator, as apVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
900 

•HR 1947 RH

1 propriate, shall seek information, as part of the regular 

2 proposal and submission process, from implementing 

3 agencies on the potential benefits to the local economy of 

4 sales of agricultural commodities within the recipient 

5 country.’’. 

6 (b) PREVENTION OF PRICE DISRUPTIONS.—Section 

7 403(e) of the Food for Peace Act (7 U.S.C. 1733(e)) is 

8 amended— 

9 (1) in paragraph (2), by striking ‘‘reasonable 

10 market price’’ and inserting ‘‘fair market value’’; 

11 and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) COORDINATION ON ASSESSMENTS.—The 

15 Secretary and the Administrator shall coordinate in 

16 assessments to carry out paragraph (1) and in the 

17 development of approaches to be used by imple18 menting agencies for determining the fair market 

19 value described in paragraph (2).’’. 

20 (c) REPORT ON USE OF FUNDS.—Section 403 of the 

21 Food for Peace Act (7 U.S.C. 1733) is amended by adding 

22 at the end the following new subsection: 

23 ‘‘(m) REPORT ON USE OF FUNDS.—Not later than 

24 180 days after the date of the enactment of the Federal 

25 Agriculture Reform and Risk Management Act of 2013, 


rfrederick on DSK6VPTVN1PROD with BILLS
901 

•HR 1947 RH

1 and annually thereafter, the Administrator shall submit 

2 to Congress a report— 

3 ‘‘(1) specifying the amount of funds (including 

4 funds for administrative costs, indirect cost recovery, 

5 and internal transportation, storage and handling, 

6 and associated distribution costs) provided to each 

7 eligible organization that received assistance under 

8 this Act in the previous fiscal year; and 

9 ‘‘(2) describing how those funds were used by 

10 the eligible organization.’’. 

11 SEC. 3009. PREPOSITIONING OF AGRICULTURAL COMMOD12 ITIES. 

13 Section 407(c)(4) of the Food for Peace Act (7 

14 U.S.C. 1736a(c)(4)) is amended— 

15 (1) in subparagraph (A)— 

16 (A) by striking ‘‘2012’’ and inserting 

17 ‘‘2018’’; and 

18 (B) by striking ‘‘for each such fiscal year 

19 not more than $10,000,000 of such funds’’ and 

20 inserting ‘‘for each of fiscal years 2001 through 

21 2013 not more than $10,000,000 of such funds 

22 and for each of fiscal years 2014 through 2018 

23 not more than $15,000,000 of such funds’’; and 

24 (2) by striking subparagraph (B) and inserting 

25 the following new subparagraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
902 

•HR 1947 RH

1 ‘‘(B) ADDITIONAL PREPOSITIONING

2 SITES.—The Administrator may establish addi3 tional sites for prepositioning in foreign coun4 tries or change the location of current sites for 

5 prepositioning in foreign countries after con6 ducting, and based on the results of, assess7 ments of need, the availability of appropriate 

8 technology for long-term storage, feasibility, 

9 and cost.’’. 

10 SEC. 3010. ANNUAL REPORT REGARDING FOOD AID PRO11 GRAMS AND ACTIVITIES. 

12 Section 407(f)(1) of the Food for Peace Act (7 

13 U.S.C. 1736a(f)(1)) is amended— 

14 (1) in the paragraph heading, by striking ‘‘AG15 RICULTURAL TRADE’’ and inserting ‘‘FOOD AID’’; 

16 (2) in subparagraph (B)(ii), by inserting before 

17 the semicolon at the end the following: ‘‘and the 

18 total number of beneficiaries of the project and the 

19 activities carried out through such project’’; and 

20 (3) in subparagraph (B)(iii)— 

21 (A) in the matter preceding subclause (I), 

22 by inserting ‘‘, and the total number of bene23 ficiaries in,’’ after ‘‘commodities made available 

24 to’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
903 

•HR 1947 RH

1 (B) by striking ‘‘and’’ at the end of sub2 clause (I); 

3 (C) by inserting ‘‘and’’ at the end of sub4 clause (II); and 

5 (D) by inserting after subclause (II) the 

6 following new subclause: 

7 ‘‘(III) the McGovern-Dole Inter8 national Food for Education and 

9 Child Nutrition Program established 

10 by section 3107 of the Farm Security 

11 and Rural Investment Act of 2002 (7 

12 U.S.C. 1736o-1);’’. 

13 SEC. 3011. DEADLINE FOR AGREEMENTS TO FINANCE 

14 SALES OR TO PROVIDE OTHER ASSISTANCE. 

15 Section 408 of the Food for Peace Act (7 U.S.C. 

16 1736b) is amended by striking ‘‘2012’’ and inserting 

17 ‘‘2018’’. 

18 SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 412(a)(1) of the Food for Peace Act (7 U.S.C. 

21 1736f(a)(1)) is amended by striking ‘‘for fiscal year 2008 

22 and each fiscal year thereafter, $2,500,000,000’’ and in23 serting ‘‘$2,500,000,000 for each of fiscal years 2008 

24 through 2013 and $2,000,000,000 for each of fiscal years 

25 2014 through 2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
904 

•HR 1947 RH

1 (b) MINIMUM LEVEL OF NONEMERGENCY FOOD AS2 SISTANCE.—Paragraph (1) of section 412(e) of the Food 

3 for Peace Act (7 U.S.C. 1736f(e)) is amended to read as 

4 follows: 

5 ‘‘(1) FUNDS AND COMMODITIES.—For each of 

6 fiscal years 2014 through 2018, of the amounts 

7 made available to carry out emergency and non8 emergency food assistance programs under title II, 

9 not less than $400,000,000 shall be expended for 

10 nonemergency food assistance programs under such 

11 title.’’. 

12 SEC. 3013. MICRONUTRIENT FORTIFICATION PROGRAMS. 

13 (a) ELIMINATION OF OBSOLETE REFERENCE TO

14 STUDY.—Section 415(a)(2)(B) of the Food for Peace Act 

15 (7 U.S.C. 1736g–2(a)(2)(B)) is amended by striking ‘‘, 

16 using recommendations’’ and all that follows through 

17 ‘‘quality enhancements’’. 

18 (b) EXTENSION.—Section 415(c) of the Food for 

19 Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 

20 ‘‘2012’’ and inserting ‘‘2018’’. 

21 SEC. 3014. JOHN OGONOWSKI AND DOUG BEREUTER FARM22 ER-TO-FARMER PROGRAM. 

23 Section 501 of the Food for Peace Act (7 U.S.C. 

24 1737) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
905 

•HR 1947 RH

1 (1) in subsection (d), in the matter preceding 

2 paragraph (1), by striking ‘‘2012’’ and inserting 

3 ‘‘2013, and not less than the greater of $15,000,000 

4 or 0.5 percent of the amounts made available for 

5 each of fiscal years 2014 through 2018,’’; and 

6 (2) in subsection (e)(1), by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’. 

8 Subtitle B—Agricultural Trade Act 

9 of 1978 

10 SEC. 3101. FUNDING FOR EXPORT CREDIT GUARANTEE 

11 PROGRAM. 

12 Section 211(b) of the Agricultural Trade Act of 1978 

13 (7 U.S.C. 5641(b)) is amended by striking ‘‘2012’’ and 

14 inserting ‘‘2018’’. 

15 SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM. 

16 Section 211(c)(1)(A) of the Agricultural Trade Act 

17 of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking 

18 ‘‘2012’’ and inserting ‘‘2018’’. 

19 SEC. 3103. FOREIGN MARKET DEVELOPMENT COOPERATOR 

20 PROGRAM. 

21 Section 703(a) of the Agricultural Trade Act of 1978 

22 (7 U.S.C. 5723(a)) is amended by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
906 

•HR 1947 RH

1 Subtitle C—Other Agricultural 

2 Trade Laws 

3 SEC. 3201. FOOD FOR PROGRESS ACT OF 1985. 

4 (a) EXTENSION.—The Food for Progress Act of 1985 

5 (7 U.S.C. 1736o) is amended— 

6 (1) in subsection (f)(3), by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’; 

8 (2) in subsection (g), by striking ‘‘2012’’ and 

9 inserting ‘‘2018’’; 

10 (3) in subsection (k), by striking ‘‘2012’’ and 

11 inserting ‘‘2018’’; and 

12 (4) in subsection (l)(1), by striking ‘‘2012’’ and 

13 inserting ‘‘2018’’. 

14 (b) REPEAL OF COMPLETED PROJECT.—Subsection 

15 (f) of the Food for Progress Act of 1985 (7 U.S.C. 1736o) 

16 is amended by striking paragraph (6). 

17 SEC. 3202. BILL EMERSON HUMANITARIAN TRUST. 

18 Section 302 of the Bill Emerson Humanitarian Trust 

19 Act (7 U.S.C. 1736f–1) is amended— 

20 (1) in subsection (b)(2)(B)(i), by striking 

21 ‘‘2012’’ both places it appears and inserting ‘‘2018’’; 

22 and 

23 (2) in subsection (h), by striking ‘‘2012’’ both 

24 places it appears and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
907 

•HR 1947 RH

1 SEC. 3203. PROMOTION OF AGRICULTURAL EXPORTS TO 

2 EMERGING MARKETS. 

3 (a) DIRECT CREDITS OR EXPORT CREDIT GUARAN4 TEES.—Section 1542(a) of the Food, Agriculture, Con5 servation, and Trade Act of 1990 (Public Law 101–624; 

6 7 U.S.C. 5622 note) is amended by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’. 

8 (b) DEVELOPMENT OF AGRICULTURAL SYSTEMS.— 

9 Section 1542(d)(1)(A)(i) of the Food, Agriculture, Con10 servation, and Trade Act of 1990 (Public Law 101–624; 

11 7 U.S.C. 5622 note) is amended by striking ‘‘2012’’ and 

12 inserting ‘‘2018’’. 

13 SEC. 3204. MCGOVERN-DOLE INTERNATIONAL FOOD FOR 

14 EDUCATION AND CHILD NUTRITION PRO15 GRAM. 

16 (a) REAUTHORIZATION.—Section 3107(l)(2) of the 

17 Farm Security and Rural Investment Act of 2002 (7 

18 U.S.C. 1736o–1(l)(2)) is amended by striking ‘‘2012’’ and 

19 inserting ‘‘2018’’. 

20 (b) TECHNICAL CORRECTION.—Section 3107(d) of 

21 the Farm Security and Rural Investment Act of 2002 (7 

22 U.S.C. 1736o–1(d)) is amended by striking ‘‘to’’ in the 

23 matter preceding paragraph (1). 

24 SEC. 3205. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. 

25 (a) PURPOSE.—Section 3205(b) of the Farm Secu26 rity and Rural Investment Act of 2002 (7 U.S.C. 5680(b)) 


rfrederick on DSK6VPTVN1PROD with BILLS
908 

•HR 1947 RH

1 is amended by striking ‘‘related barriers to trade’’ and in2 serting ‘‘technical barriers to trade’’. 

3 (b) FUNDING.—Section 3205(e)(2) of the Farm Se4 curity and Rural Investment Act of 2002 (7 U.S.C. 

5 5680(e)(2)) is amended— 

6 (1) by inserting ‘‘and’’ at the end of subpara7 graph (C); and 

8 (2) by striking subparagraphs (D) and (E) and 

9 inserting the following new subparagraph: 

10 ‘‘(D) $9,000,000 for each of fiscal years 

11 2011 through 2018.’’. 

12 SEC. 3206. GLOBAL CROP DIVERSITY TRUST. 

13 Section 3202(c) of the Food, Conservation, and En14 ergy Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a 

15 note) is amended by striking ‘‘section’’ and all that follows 

16 through the period and inserting the following: ‘‘section— 

17 ‘‘(1) $60,000,000 for the period of fiscal years 

18 2008 through 2013; and 

19 ‘‘(2) $50,000,000 for the period of fiscal years 

20 2014 through 2018.’’. 

21 SEC. 3207. UNDER SECRETARY OF AGRICULTURE FOR FOR22 EIGN AGRICULTURAL SERVICES. 

23 (a) IN GENERAL.—Subtitle B of the Department of 

24 Agriculture Reorganization Act of 1994 is amended by inVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
909 

•HR 1947 RH

1 serting after section 225 (7 U.S.C. 6931) the following 

2 new section: 

3 ‘‘SEC. 225A. UNDER SECRETARY OF AGRICULTURE FOR 

4 FOREIGN AGRICULTURAL SERVICES. 

5 ‘‘(a) AUTHORIZATION.—The Secretary is authorized 

6 to establish in the Department the position of Under Sec7 retary of Agriculture for Foreign Agricultural Services. 

8 ‘‘(b) CONFIRMATION REQUIRED.—If the Secretary 

9 establishes the position of Under Secretary of Agriculture 

10 for Foreign Agricultural Services under subsection (a), the 

11 Under Secretary shall be appointed by the President, by 

12 and with the advice and consent of the Senate. 

13 ‘‘(c) FUNCTIONS OF UNDER SECRETARY.— 

14 ‘‘(1) PRINCIPAL FUNCTIONS.—Upon establish15 ment, the Secretary shall delegate to the Under Sec16 retary of Agriculture for Foreign Agricultural Serv17 ices those functions under the jurisdiction of the De18 partment that are related to foreign agricultural 

19 services. 

20 ‘‘(2) ADDITIONAL FUNCTIONS.—The Under 

21 Secretary of Agriculture for Foreign Agricultural 

22 Services shall perform such other functions as may 

23 be required by law or prescribed by the Secretary. 

24 ‘‘(d) SUCCESSION.—Any official who is serving as 

25 Under Secretary of Agriculture for Farm and Foreign AgVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
910 

•HR 1947 RH

1 ricultural Services on the date of the enactment of this 

2 section and who was appointed by the President, by and 

3 with the advice and consent of the Senate, shall not be 

4 required to be reappointed under subsection (b) or section 

5 225(b) to the successor position authorized under sub6 section (a) or section 225(a) if the Secretary establishes 

7 the position, and the official occupies the new position, 

8 with 180 days after the date of the enactment of this sec9 tion (or such later date set by the Secretary if litigation 

10 delays rapid succession).’’. 

11 (b) CONFORMING AMENDMENTS.—Section 225 of the 

12 Department of Agriculture Reorganization Act of 1994 (7 

13 U.S.C. 6931) is amended— 

14 (1) by striking ‘‘Under Secretary of Agriculture 

15 for Farm and Foreign Agricultural Services’’ each 

16 place it appears and inserting ‘‘Under Secretary of 

17 Agriculture for Farm Services’’; and 

18 (2) in subsection (c)(1), by striking ‘‘and for19 eign agricultural’’. 

20 (c) PERMANENT AUTHORITY.—Section 296(b) of the 

21 Department of Agriculture Reorganization Act of 1994 (7 

22 U.S.C. 7014(b)) is amended— 

23 (1) in paragraph (6)(C), by striking ‘‘or’’ at the 

24 end; 


rfrederick on DSK6VPTVN1PROD with BILLS
911 

•HR 1947 RH

1 (2) in paragraph (7), by striking the period at 

2 the end and inserting a semicolon; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(8) the authority of the Secretary to establish 

6 in the Department the position of Under Secretary 

7 of Agriculture for Foreign Agricultural Services in 

8 accordance with section 225A;’’. 

9 TITLE IV—NUTRITION 

10 Subtitle A—Supplemental 

11 Nutrition Assistance Program 

12 SEC. 4001. PREVENTING PAYMENT OF CASH TO RECIPIENTS 

13 OF SUPPLEMENTAL NUTRITION ASSISTANCE 

14 FOR THE RETURN OF EMPTY BOTTLES AND 

15 CANS USED TO CONTAIN FOOD PURCHASED 

16 WITH BENEFITS PROVIDED UNDER THE PRO17 GRAM. 

18 Section 3(k)(1) of the Food and Nutrition Act of 

19 2008 (7 U.S.C. 2012(k)(1)) is amended— 

20 (1) by striking ‘‘and hot foods’’ and inserting 

21 ‘‘hot foods’’; and 

22 (2) by adding at the end the following: 

23 ‘‘and any deposit fee in excess of amount of the State fee 

24 reimbursement (if any) required to purchase any food or 

25 food product contained in a returnable bottle or can, reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
912 

•HR 1947 RH

1 gardless of whether such fee is included in the shelf price 

2 posted for such food or food product,’’. 

3 SEC. 4002. RETAILERS. 

4 (a) DEFINITION OF RETAIL FOOD STORE.—Section 

5 3(p)(1)(A) of the Food and Nutrition Act of 2008 (7 

6 U.S.C. 2012(p)(1)(A)) is amended by striking ‘‘at least 

7 2’’ and inserting ‘‘at least 3’’. 

8 (b) ALTERNATIVE BENEFIT DELIVERY.—Section 

9 7(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 

10 2016(f)) is amended— 

11 (1) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) IMPOSITION OF COSTS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the Secretary shall require 

16 participating retailers (including restaurants 

17 participating in a State option restaurant pro18 gram intended to serve the elderly, disabled, 

19 and homeless) to pay 100 percent of the costs 

20 of acquiring, and arrange for the implementa21 tion of, electronic benefit transfer point-of-sale 

22 equipment and supplies. 

23 ‘‘(B) EXEMPTIONS.—The Secretary may 

24 exempt from subparagraph (A)— 


rfrederick on DSK6VPTVN1PROD with BILLS
913 

•HR 1947 RH

1 ‘‘(i) farmers’ markets, military com2 missaries, nonprofit food buying coopera3 tives, and establishments, organizations, 

4 programs, or group living arrangements 

5 described in paragraphs (5), (7), and (8) 

6 of section 3(k); and 

7 ‘‘(ii) establishments described in para8 graphs (3), (4), and (9) of section 3(k), 

9 other than restaurants participating in a 

10 State option restaurant program.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(4) TERMINATION OF MANUAL VOUCHERS.— 

13 ‘‘(A) IN GENERAL.—Effective beginning on 

14 the effective date of this paragraph, except as 

15 provided in subparagraph (B), no State shall 

16 issue manual vouchers to a household that re17 ceives supplemental nutrition assistance under 

18 this Act or allow retailers to accept manual 

19 vouchers as payment, unless the Secretary de20 termines that the manual vouchers are nec21 essary, such as in the event of an electronic 

22 benefit transfer system failure or a disaster sit23 uation. 

24 ‘‘(B) EXEMPTIONS.—The Secretary may 

25 exempt categories of retailers or individual reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
914 

•HR 1947 RH

1 tailers from subparagraph (A) based on criteria 

2 established by the Secretary. 

3 ‘‘(5) UNIQUE IDENTIFICATION NUMBER RE4 QUIRED.—In an effort to enhance the antifraud pro5 tections of the program, the Secretary shall require 

6 all parties providing electronic benefit transfer serv7 ices to provide for and maintain a unique terminal 

8 identification number information through the sup9 plemental nutrition assistance program electronic 

10 benefit transfer transaction routing system. In devel11 oping the regulations implementing this paragraph, 

12 the Secretary shall consider existing commercial 

13 practices for other point-of-sale debit transactions. 

14 The Secretary shall issue proposed regulations im15 plementing this paragraph not earlier than 2 years 

16 after the date of enactment of this paragraph.’’. 

17 (c) ELECTRONIC BENEFIT TRANSFERS.—Section 

18 7(h)(3)(B) of the Food and Nutrition Act of 2008 (7 

19 U.S.C. 2016(h)(3)(B)) is amended by striking ‘‘is oper20 ational—’’ and all that follows through ‘‘(ii) in the case 

21 of other participating stores,’’ and inserting ‘‘is oper22 ational’’. 

23 (d) APPROVAL OF RETAIL FOOD STORES AND

24 WHOLESALE FOOD CONCERNS.—Section 9 of the Food 

25 and Nutrition Act of 2008 (7 U.S.C. 2018) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
915 

•HR 1947 RH

1 (1) in the 2d sentence of subsection (a)(1) by 

2 striking ‘‘; and (C)’’ and inserting ‘‘; (C) whether 

3 the applicant is located in an area with significantly 

4 limited access to food; and (D)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(g) EBT SERVICE REQUIREMENT.—An approved 

7 retail food store shall provide adequate EBT service as 

8 described in section 7(h)(3)(B).’’. 

9 SEC. 4003. ENHANCING SERVICES TO ELDERLY AND DIS10 ABLED SUPPLEMENTAL NUTRITION ASSIST11 ANCE PROGRAM RECIPIENTS. 

12 (a) ENHANCING SERVICES TO ELDERLY AND DIS13 ABLED PROGRAM RECIPIENTS.—Section 3(p) of the Food 

14 and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amend15 ed— 

16 (1) in paragraph (3) by striking ‘‘and’’ at the 

17 end, 

18 (2) in paragraph (4) by striking the period at 

19 the end and inserting ‘‘; and’’, and 

20 (3) by inserting after paragraph (4) the fol21 lowing: 

22 ‘‘(5) a governmental or private nonprofit food 

23 purchasing and delivery service that— 

24 ‘‘(A) purchases food for, and delivers such 

25 food to, individuals who are— 


rfrederick on DSK6VPTVN1PROD with BILLS
916 

•HR 1947 RH

1 ‘‘(i) unable to shop for food; and 

2 ‘‘(ii)(I) not less than 60 years of age; 

3 or 

4 ‘‘(II) physically or mentally handi5 capped or otherwise disabled; 

6 ‘‘(B) clearly notifies the participating 

7 household at the time such household places a 

8 food order— 

9 ‘‘(i) of any delivery fee associated with 

10 the food purchase and delivery provided to 

11 such household by such service; and 

12 ‘‘(ii) that a delivery fee cannot be paid 

13 with benefits provided under supplemental 

14 nutrition assistance program; and 

15 ‘‘(C) sells food purchased for such house16 hold at the price paid by such service for such 

17 food and without any additional cost markup.’’. 

18 (b) IMPLEMENTATION.— 

19 (1) ISSUANCE OF RULES.—The Secretary of 

20 Agriculture shall issue regulations that— 

21 (A) establish criteria to identify a food 

22 purchasing and delivery service referred to in 

23 section 3(p)(5) of the Food and Nutrition Act 

24 of 2008 as amended by this Act, and 


rfrederick on DSK6VPTVN1PROD with BILLS
917 

•HR 1947 RH

1 (B) establish procedures to ensure that 

2 such service— 

3 (i) does not charge more for a food 

4 item than the price paid by the such serv5 ice for such food item, 

6 (ii) offers food delivery service at no 

7 or low cost to households under such Act, 

8 (iii) ensures that benefits provided 

9 under the supplemental nutrition assist10 ance program are used only to purchase 

11 food, as defined in section 3 of such Act, 

12 (iv) limits the purchase of food, and 

13 the delivery of such food, to households eli14 gible to receive services described in section 

15 3(p)(5) of such Act as so amended, 

16 (v) has established adequate safe17 guards against fraudulent activities, in18 cluding unauthorized use of electronic ben19 efit cards issued under such Act, and 

20 (vi) such other requirements as the 

21 Secretary deems to be appropriate. 

22 (2) LIMITATION.—Before the issuance of rules 

23 under paragraph (1) , the Secretary of Agriculture 

24 may not approve more than 20 food purchasing and 

25 delivery services referred to in section 3(p)(5) of the 


rfrederick on DSK6VPTVN1PROD with BILLS
918 

•HR 1947 RH

1 Food and Nutrition Act of 2008 as amended by this 

2 Act, to participate as retail food stores under the 

3 supplemental nutrition assistance program. 

4 SEC. 4004. FOOD DISTRIBUTION PROGRAM ON INDIAN RES5 ERVATIONS. 

6 Section 4(b)(6)(F) of the Food and Nutrition Act of 

7 2008 (7 U.S.C. 2013(b)(6)(F)) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 4005. UPDATING PROGRAM ELIGIBILITY. 

10 Section 5 of the Food and Nutrition Act of 2008 (7 

11 U.S.C. 2014) is amended— 

12 (1) in the 2d sentence of subsection (a) by 

13 striking ‘‘households in which each member receives 

14 benefits’’ and inserting ‘‘households in which each 

15 member receives cash assistance’’, and 

16 (2) in subsection (j) by striking ‘‘or who re17 ceives benefits under a State program’’ and inserting 

18 ‘‘or who receives cash assistance under a State pro19 gram’’. 

20 SEC. 4006. EXCLUSION OF MEDICAL MARIJUANA FROM EX21 CESS MEDICAL EXPENSE DEDUCTION. 

22 Section 5(e)(5) of the Food and Nutrition Act of 

23 2008 (7 U.S.C. 2014(e)(5)) is amended by adding at the 

24 end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
919 

•HR 1947 RH

1 ‘‘(C) EXCLUSION OF MEDICAL MARI2 JUANA.—The Secretary shall promulgate rules 

3 to ensure that medical marijuana is not treated 

4 as a medical expense for purposes of this para5 graph.’’. 

6 SEC. 4007. STANDARD UTILITY ALLOWANCES BASED ON 

7 THE RECEIPT OF ENERGY ASSISTANCE PAY8 MENTS. 

9 (a) STANDARD UTILITY ALLOWANCES IN THE SUP10 PLEMENTAL NUTRITION ASSISTANCE PROGRAM.—Section 

11 5(e)(6)(C) of the Food and Nutrition Act of 2008 (7 

12 U.S.C. 2014(e)(6)(C)) is amended— 

13 (1) in clause (i) by inserting ‘‘, subject to clause 

14 (iv)’’ after ‘‘Secretary’’; and 

15 (2) by striking subclause (I) of clause (iv) and 

16 in inserting the following: 

17 ‘‘(I) IN GENERAL.—Subject to 

18 subclause (II), if a State agency elects 

19 to use a standard utility allowance 

20 that reflects heating and cooling costs, 

21 the standard utility allowance shall be 

22 made available to households that re23 ceived a payment, or on behalf of 

24 which a payment was made, under the 

25 Low-Income Home Energy Assistance 


rfrederick on DSK6VPTVN1PROD with BILLS
920 

•HR 1947 RH

1 Act of 1981 (42 U.S.C. 8621 et seq.) 

2 or other similar energy assistance pro3 gram, if in the current month or in 

4 the immediately preceding 12 months, 

5 the household either received such 

6 payment, or such payment was made 

7 on behalf of the household, that was 

8 greater than $20 annually, as deter9 mined by the Secretary.’’; and 

10 (b) CONFORMING AMENDMENT.—Section 

11 2605(f)(2)(A) of the Low-Income Home Energy Assist12 ance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended 

13 by inserting before the semicolon the following: 

14 ‘‘, except that, for purposes of the supplemental nu15 trition assistance program established under the 

16 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 

17 seq.), such payments or allowances were greater 

18 than $20 annually, consistent with section 

19 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 

20 2014(e)(6)(C)(iv)(I)), as determined by the Sec21 retary of Agriculture’’. 

22 (c) EFFECTIVE DATE AND IMPLEMENTATION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), this section and the amendments made by 

25 this section shall take effect on October 1, 2013, 


rfrederick on DSK6VPTVN1PROD with BILLS
921 

•HR 1947 RH

1 and shall apply with respect to certification periods 

2 that begin after such date. 

3 (2) STATE OPTION TO DELAY IMPLEMENTATION

4 FOR CURRENT RECIPIENTS.—A State may, at the 

5 option of the State, implement a policy that elimi6 nates or reduces the effect of the amendments made 

7 by this section on households that received a stand8 ard utility allowance as of the date of enactment of 

9 this Act, for not more than a 180-day period that 

10 begins on the date on which such amendments would 

11 otherwise apply to the respective household. 

12 SEC. 4008. ELIGIBILITY DISQUALIFICATIONS. 

13 Section 6(e)(3)(B) of Food and Nutrition Act of 

14 2008 (7 U.S.C. 2015(e)(3)(B)) is amended by striking 

15 ‘‘section;’’ and inserting the following: 

16 ‘‘section, subject to the condition that the 

17 course or program of study— 

18 ‘‘(i) is part of a program of career 

19 and technical education (as defined in sec20 tion 3 of the Carl D. Perkins Career and 

21 Technical Education Act of 2006 (20 

22 U.S.C. 2302)) that may be completed in 

23 not more than 4 years at an institution of 

24 higher education (as defined in section 102 


rfrederick on DSK6VPTVN1PROD with BILLS
922 

•HR 1947 RH

1 of the Higher Education Act of 1965 (20 

2 U.S.C. 1002)); or 

3 ‘‘(ii) is limited to remedial courses, 

4 basic adult education, literacy, or English 

5 as a second language;’’. 

6 SEC. 4009. ENDING SUPPLEMENTAL NUTRITION ASSIST7 ANCE PROGRAM BENEFITS FOR LOTTERY OR 

8 GAMBLING WINNERS. 

9 (a) IN GENERAL.—Section 6 of the Food and Nutri10 tion Act of 2008 (7 U.S.C. 2015) is amended by adding 

11 at the end the following: 

12 ‘‘(r) INELIGIBILITY FOR BENEFITS DUE TO RECEIPT

13 OF SUBSTANTIAL LOTTERY OR GAMBLING WINNINGS.— 

14 ‘‘(1) IN GENERAL.—Any household in which a 

15 member receives substantial lottery or gambling 

16 winnings, as determined by the Secretary, shall lose 

17 eligibility for benefits immediately upon receipt of 

18 the winnings. 

19 ‘‘(2) DURATION OF INELIGIBILITY.—A house20 hold described in paragraph (1) shall remain ineli21 gible for participation until the household meets the 

22 allowable financial resources and income eligibility 

23 requirements under subsections (c), (d), (e), (f), (g), 

24 (i), (k), (l), (m), and (n) of section 5. 


rfrederick on DSK6VPTVN1PROD with BILLS
923 

•HR 1947 RH

1 ‘‘(3) AGREEMENTS.—As determined by the Sec2 retary, each State agency, to the maximum extent 

3 practicable, shall establish agreements with entities 

4 responsible for the regulation or sponsorship of gam5 ing in the State to determine whether individuals 

6 participating in the supplemental nutrition assist7 ance program have received substantial lottery or 

8 gambling winnings.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 5(a) of 

10 the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) 

11 is amended in the 2d sentence by striking ‘‘sections 6(b), 

12 6(d)(2), and 6(g)’’ and inserting ‘‘subsections (b), (d)(2), 

13 (g), and (r) of section 6’’. 

14 SEC. 4010. IMPROVING SECURITY OF FOOD ASSISTANCE. 

15 Section 7(h)(8) of the Food and Nutrition Act of 

16 2008 (7 U.S.C. 2016(h)(8)) is amended— 

17 (1) in the heading by striking ‘‘CARD FEE’’ and 

18 inserting ‘‘OF CARDS’’; 

19 (2) by striking ‘‘A State’’ and inserting the fol20 lowing: 

21 ‘‘(A) FEES.—A State’’; and 

22 (3) by adding after subparagraph (A) (as so 

23 designated by paragraph (2)) the following: 

24 ‘‘(B) PURPOSEFUL LOSS OF CARDS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
924 

•HR 1947 RH

1 ‘‘(i) IN GENERAL.—Subject to terms 

2 and conditions established by the Secretary 

3 in accordance with clause (ii), if a house4 hold makes excessive requests for replace5 ment of the electronic benefit transfer card 

6 of the household, the Secretary may re7 quire a State agency to decline to issue a 

8 replacement card to the household unless 

9 the household, upon request of the State 

10 agency, provides an explanation for the 

11 loss of the card. 

12 ‘‘(ii) REQUIREMENTS.—The terms 

13 and conditions established by the Secretary 

14 shall provide that— 

15 ‘‘(I) the household be given the 

16 opportunity to provide the requested 

17 explanation and meet the require18 ments under this paragraph promptly; 

19 ‘‘(II) after an excessive number 

20 of lost cards, the head of the house21 hold shall be required to review pro22 gram rights and responsibilities with 

23 State agency personnel authorized to 

24 make determinations under section 

25 5(a); and 


rfrederick on DSK6VPTVN1PROD with BILLS
925 

•HR 1947 RH

1 ‘‘(III) any action taken, including 

2 actions required under section 

3 6(b)(2), other than the withholding of 

4 the electronic benefit transfer card 

5 until an explanation described in sub6 clause (I) is provided, shall be con7 sistent with the due process protec8 tions under section 6(b) or 11(e)(10), 

9 as appropriate. 

10 ‘‘(C) PROTECTING VULNERABLE PER11 SONS.—In implementing this paragraph, a 

12 State agency shall act to protect homeless per13 sons, persons with disabilities, victims of 

14 crimes, and other vulnerable persons who lose 

15 electronic benefit transfer cards but are not in16 tentionally committing fraud. 

17 ‘‘(D) EFFECT ON ELIGIBILITY.—While a 

18 State may decline to issue an electronic benefits 

19 transfer card until a household satisfies the re20 quirements under this paragraph, nothing in 

21 this paragraph shall be considered a denial of, 

22 or limitation on, the eligibility for benefits 

23 under section 5.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
926 

•HR 1947 RH

1 SEC. 4011. DEMONSTRATION PROJECTS ON ACCEPTANCE 

2 OF BENEFITS OF MOBILE TRANSACTIONS. 

3 Section 7(h) of the Food and Nutrition Act of 2008 

4 (7 U.S.C. 2016(h)) is amended by adding at the end the 

5 following: 

6 ‘‘(14) DEMONSTRATION PROJECTS ON ACCEPT7 ANCE OF BENEFITS OF MOBILE TRANSACTIONS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 pilot the use of mobile technologies determined 

10 by the Secretary to be appropriate to test the 

11 feasibility and implications for program integ12 rity, by allowing retail food stores, farmers 

13 markets, and other direct producer-to-consumer 

14 marketing outlets to accept benefits from recipi15 ents of supplemental nutrition assistance 

16 through mobile transactions. 

17 ‘‘(B) DEMONSTRATION PROJECTS.—To be 

18 eligible to participate in a demonstration project 

19 under subsection (a), a retail food store, farm20 ers market, or other direct producer-to-con21 sumer marketing outlet shall submit to the Sec22 retary for approval a plan that includes— 

23 ‘‘(i) a description of the technology; 

24 ‘‘(ii) the manner by which the retail 

25 food store, farmers market or other direct 

26 producer-to-consumer marketing outlet will 


rfrederick on DSK6VPTVN1PROD with BILLS
927 

•HR 1947 RH

1 provide proof of the transaction to house2 holds; 

3 ‘‘(iii) the provision of data to the Sec4 retary, consistent with requirements estab5 lished by the Secretary, in a manner that 

6 allows the Secretary to evaluate the impact 

7 of the demonstration on participant access, 

8 ease of use, and program integrity; and 

9 ‘‘(iv) such other criteria as the Sec10 retary may require. 

11 ‘‘(C) DATE OF COMPLETION.—The dem12 onstration projects under this paragraph shall 

13 be completed and final reports submitted to the 

14 Secretary by not later than July 1, 2016. 

15 ‘‘(D) REPORT TO CONGRESS.—The Sec16 retary shall submit a report to the Committee 

17 on Agriculture of the House of Representatives 

18 and the Committee on Agriculture, Nutrition, 

19 and Forestry of the Senate that includes a find20 ing, based on the data provided under subpara21 graph (C) whether or not implementation in all 

22 States is in the best interest of the supple23 mental nutrition assistance program.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
928 

•HR 1947 RH

1 SEC. 4012. USE OF BENEFITS FOR PURCHASE OF COMMU2 NITY-SUPPORTED AGRICULTURE SHARE. 

3 Section 10 of the Food and Nutrition Act of 2008 

4 (7 U.S.C. 2019) is amended in the 1st sentence by insert5 ing ‘‘agricultural producers who market agricultural prod6 ucts directly to consumers shall be authorized to redeem 

7 benefits for the initial cost of the purchase of a commu8 nity-supported agriculture share,’’ after ‘‘food so pur9 chased,’’. 

10 SEC. 4013. RESTAURANT MEALS PROGRAM. 

11 (a) IN GENERAL.—Section 11(e) of the Food and 

12 Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended— 

13 (1) in paragraph (22) by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (23)(C) by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(24) if the State elects to carry out a program 

19 to contract with private establishments to offer 

20 meals at concessional prices, as described in para21 graphs (3), (4), and (9) of section 3(k)— 

22 ‘‘(A) the plans of the State agency for op23 erating the program, including— 

24 ‘‘(i) documentation of a need that eli25 gible homeless, elderly, and disabled clients 


rfrederick on DSK6VPTVN1PROD with BILLS
929 

•HR 1947 RH

1 are underserved in a particular geographic 

2 area; 

3 ‘‘(ii) the manner by which the State 

4 agency will limit participation to only those 

5 private establishments that the State de6 termines necessary to meet the need identi7 fied in clause (i); and 

8 ‘‘(iii) any other conditions the Sec9 retary may prescribe, such as the level of 

10 security necessary to ensure that only eligi11 ble recipients participate in the program; 

12 and 

13 ‘‘(B) a report by the State agency to the 

14 Secretary annually, the schedule of which shall 

15 be established by the Secretary, that includes— 

16 ‘‘(i) the number of households and in17 dividual recipients authorized to partici18 pate in the program, including any infor19 mation on whether the individual recipient 

20 is elderly, disabled, or homeless; and 

21 ‘‘(ii) an assessment of whether the 

22 program is meeting an established need, as 

23 documented under subparagraph (A)(i).’’. 

24 (b) APPROVAL OF RETAIL FOOD STORES AND

25 WHOLESALE FOOD CONCERNS.—Section 9 of the Food 


rfrederick on DSK6VPTVN1PROD with BILLS
930 

•HR 1947 RH

1 and Nutrition Act of 2008 (7 U.S.C. 2018) is amended 

2 by adding at the end the following: 

3 ‘‘(h) PRIVATE ESTABLISHMENTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 no private establishment that contracts with a State 

6 agency to offer meals at concessional prices as de7 scribed in paragraphs (3), (4), and (9) of section 

8 3(k) may be authorized to accept and redeem bene9 fits unless the Secretary determines that the partici10 pation of the private establishment is required to 

11 meet a documented need in accordance with section 

12 11(e)(24). 

13 ‘‘(2) EXISTING CONTRACTS.— 

14 ‘‘(A) IN GENERAL.—If, on the day before 

15 the effective date of this subsection, a State has 

16 entered into a contract with a private establish17 ment described in paragraph (1) and the Sec18 retary has not determined that the participation 

19 of the private establishment is necessary to 

20 meet a documented need in accordance with 

21 section 11(e)(24), the Secretary shall allow the 

22 operation of the private establishment to con23 tinue without that determination of need for a 

24 period not to exceed 180 days from the date on 


rfrederick on DSK6VPTVN1PROD with BILLS
931 

•HR 1947 RH

1 which the Secretary establishes determination 

2 criteria, by regulation, under section 11(e)(24). 

3 ‘‘(B) JUSTIFICATION.—If the Secretary de4 termines to terminate a contract with a private 

5 establishment that is in effect on the effective 

6 date of this subsection, the Secretary shall pro7 vide justification to the State in which the pri8 vate establishment is located for that termi9 nation. 

10 ‘‘(3) REPORT TO CONGRESS.—Not later than 

11 90 days after September 30, 2014, and 90 days 

12 after the last day of each fiscal year thereafter, the 

13 Secretary shall report to the Committee on Agri14 culture of the House of Representatives and the 

15 Committee on Agriculture, Nutrition, and Forestry 

16 of the Senate on the effectiveness of a program 

17 under this subsection using any information received 

18 from States under section 11(e)(24) as well as any 

19 other information the Secretary may have relating to 

20 the manner in which benefits are used.’’. 

21 (c) CONFORMING AMENDMENTS.—Section 3(k) of 

22 the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)) 

23 is amended by inserting ‘‘subject to section 9(h)’’ after 

24 ‘‘concessional prices’’ each place it appears. 


rfrederick on DSK6VPTVN1PROD with BILLS
932 

•HR 1947 RH

1 SEC. 4014. MANDATING STATE IMMIGRATION 

2 VERIFICATION. 

3 Section 11(p) of the Food and Nutrition Act of 2008 

4 (7 U.S.C. 2020(p)) is amended to read as follows: 

5 ‘‘(p) STATE VERIFICATION OPTION.—In carrying out 

6 the supplemental nutrition assistance program, a State 

7 agency shall be required to use an income and eligibility, 

8 or an immigration status, verification system established 

9 under section 1137 of the Social Security Act (42 U.S.C. 

10 1320b–7), in accordance with standards set by the Sec11 retary.’’. 

12 SEC. 4015. DATA EXCHANGE STANDARDIZATION FOR IM13 PROVED INTEROPERABILITY. 

14 (a) DATA EXCHANGE STANDARDIZATION.—Section 

15 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) 

16 is amended by adding at the end the following: 

17 ‘‘(v) DATA EXCHANGE STANDARDIZATION FOR IM18 PROVED INTEROPERABILITY.— 

19 ‘‘(1) DATA EXCHANGE STANDARDS.— 

20 ‘‘(A) DESIGNATION.—The Secretary, in 

21 consultation with an interagency work group 

22 which shall be established by the Office of Man23 agement and Budget, and considering State 

24 perspectives, shall, by rule, designate a data ex25 change standard for any category of informa26 tion required to be reported under this Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
933 

•HR 1947 RH

1 ‘‘(B) DATA EXCHANGE STANDARDS MUST

2 BE NONPROPRIETARY AND INTEROPERABLE.— 

3 The data exchange standard designated under 

4 subparagraph (A) shall, to the extent prac5 ticable, be nonproprietary and interoperable. 

6 ‘‘(C) OTHER REQUIREMENTS.—In desig7 nating data exchange standards under this sub8 section, the Secretary shall, to the extent prac9 ticable, incorporate— 

10 ‘‘(i) interoperable standards developed 

11 and maintained by an international vol12 untary consensus standards body, as de13 fined by the Office of Management and 

14 Budget, such as the International Organi15 zation for Standardization; 

16 ‘‘(ii) interoperable standards devel17 oped and maintained by intergovernmental 

18 partnerships, such as the National Infor19 mation Exchange Model; and 

20 ‘‘(iii) interoperable standards devel21 oped and maintained by Federal entities 

22 with authority over contracting and finan23 cial assistance, such as the Federal Acqui24 sition Regulatory Council. 


rfrederick on DSK6VPTVN1PROD with BILLS
934 

•HR 1947 RH

1 ‘‘(2) DATA EXCHANGE STANDARDS FOR RE2 PORTING.— 

3 ‘‘(A) DESIGNATION.—The Secretary, in 

4 consultation with an interagency work group es5 tablished by the Office of Management and 

6 Budget, and considering State perspectives, 

7 shall, by rule, designate data exchange stand8 ards to govern the data reporting required 

9 under this part. 

10 ‘‘(B) REQUIREMENTS.—The data exchange 

11 standards required by subparagraph (A) shall, 

12 to the extent practicable— 

13 ‘‘(i) incorporate a widely-accepted, 

14 nonproprietary, searchable, computer-read15 able format; 

16 ‘‘(ii) be consistent with and implement 

17 applicable accounting principles; and 

18 ‘‘(iii) be capable of being continually 

19 upgraded as necessary. 

20 ‘‘(C) INCORPORATION OF NONPROPRI21 ETARY STANDARDS.—In designating reporting 

22 standards under this subsection, the Secretary 

23 shall, to the extent practicable, incorporate ex24 isting nonproprietary standards, such as the 

25 eXtensible Markup Language.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
935 

•HR 1947 RH

1 (b) EFFECTIVE DATES.— 

2 (1) DATA EXCHANGE STANDARDS.—The Sec3 retary of Agriculture shall issue a proposed rule 

4 under section 11(v)(1) of the Food and Nutrition 

5 Act of 2008 within 12 months after the effective 

6 date of this section, and shall issue a final rule 

7 under such section after public comment, within 24 

8 months after such effective date. 

9 (2) DATA REPORTING STANDARDS.—The re10 porting standards required under section 11(v)(2) of 

11 such Act shall become effective with respect to re12 ports required in the first reporting period, after the 

13 effective date of the final rule referred to in para14 graph (1) of this subsection, for which the authority 

15 for data collection and reporting is established or re16 newed under the Paperwork Reduction Act. 

17 SEC. 4016. PROHIBITING GOVERNMENT-SPONSORED RE18 CRUITMENT ACTIVITIES. 

19 (a) ADMINISTRATIVE COST-SHARING AND QUALITY

20 CONTROL.—Section 16(a)(4) of the Food and Nutrition 

21 Act of 2008 (7 U.S.C. 2025(a)(4)) is amended by insert22 ing after ‘‘recruitment activities’’ the following: ‘‘designed 

23 to persuade an individual to apply for program benefits 

24 or that promote the program via television, radio, or bill25 board advertisements’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
936 

•HR 1947 RH

1 (b) LIMITATION ON USE OF FUNDS AUTHORIZED TO

2 BE APPROPRIATED UNDER ACT.—Section 18 of the Food 

3 and Nutrition Act of 2008 (7 U.S.C. 2027) is amended 

4 by adding at the end the following: 

5 ‘‘(g)(1) Except as provided in paragraph (2), no 

6 funds authorized to be appropriated under this Act shall 

7 be used by the Secretary for— 

8 ‘‘(A) recruitment activities designed to persuade 

9 an individual to apply for supplemental nutrition as10 sistance program benefits; 

11 ‘‘(B) television, radio, or billboard advertise12 ments that are designed to promote supplemental 

13 nutrition assistance program benefits and enroll14 ment; or 

15 ‘‘(C) any agreements with foreign governments 

16 designed to promote supplemental nutrition assist17 ance program benefits and enrollment. 

18 ‘‘(2) Paragraph (1)(B) shall not apply to pro19 grammatic activities undertaken with respect to benefits 

20 made available in response to a natural disaster.’’. 

21 SEC. 4017. REPEAL OF BONUS PROGRAM. 

22 Section 16(d) of the Food and Nutrition Act of 2008 

23 (7 U.S.C. 2025(d)) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
937 

•HR 1947 RH

1 SEC. 4018. FUNDING OF EMPLOYMENT AND TRAINING PRO2 GRAMS. 

3 Section 16(h)(1)(A) of the Food and Nutrition Act 

4 of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended by striking 

5 ‘‘$90,000,000’’ and all that follows through 

6 ‘‘$79,000,000’’, and inserting ‘‘$79,000,000 for each fis7 cal year’’. 

8 SEC. 4019. MONITORING EMPLOYMENT AND TRAINING PRO9 GRAM. 

10 (a) REPORTING MEASURES.—Section 16(h)(5) of the 

11 Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(5)) 

12 is amended to read: 

13 ‘‘(5)(A) IN GENERAL.—The Secretary shall 

14 monitor the employment and training programs car15 ried out by State agencies under section 6(d)(4) and 

16 assess their effectiveness in— 

17 ‘‘(i) preparing members of households par18 ticipating in the supplemental nutrition assist19 ance program for employment, including the ac20 quisition of basic skills necessary for employ21 ment; and 

22 ‘‘(ii) increasing the numbers of household 

23 members who obtain and retain employment 

24 subsequent to their participation in such em25 ployment and training programs. 


rfrederick on DSK6VPTVN1PROD with BILLS
938 

•HR 1947 RH

1 ‘‘(B) REPORTING MEASURES.—The Secretary, 

2 in consultation with the Secretary of Labor, shall de3 velop reporting measures that identify improvements 

4 in the skills, training education or work experience 

5 of members of households participating in the sup6 plemental nutrition assistance program. Measures 

7 shall be based on common measures of performance 

8 for federal workforce training programs, so long as 

9 they reflect the challenges facing the types of mem10 bers of households participating in the supplemental 

11 nutrition assistance program who participate in a 

12 specific employment and training component. The 

13 Secretary shall require that each State employment 

14 and training plan submitted under section 11(3)(19) 

15 identify appropriate reporting measures for each of 

16 their proposed components that serve at least 100 

17 people. Such measures may include: 

18 ‘‘(i) the percentage and number of pro19 gram participants who received employment and 

20 training services and are in unsubsidized em21 ployment subsequent to the receipt of those 

22 services; 

23 ‘‘(ii) the percentage and number of pro24 gram participants who obtain a recognized post25 secondary credential, including a registered apVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
939 

•HR 1947 RH

1 prenticeship, or a regular secondary school di2 ploma or its recognized equivalent, while par3 ticipating in or within 1 year after receiving 

4 employment and training services; 

5 ‘‘(iii) the percentage and number of pro6 gram participants who are in an education or 

7 training program that is intended to lead to a 

8 recognized postsecondary credential, including a 

9 registered apprenticeship or on-the-job training 

10 program, a regular secondary school diploma or 

11 its recognized equivalent, or unsubsidized em12 ployment; 

13 ‘‘(iv) subject to the terms and conditions 

14 set by the Secretary, measures developed by 

15 each State agency to assess the skills acquisi16 tion of employment and training program par17 ticipants that reflect the goals of their specific 

18 employment and training program components, 

19 which may include, but are not limited to— 

20 ‘‘(I) the percentage and number of 

21 program participants who are meeting pro22 gram requirements in each component of 

23 the State’s education and training pro24 gram; and 


rfrederick on DSK6VPTVN1PROD with BILLS
940 

•HR 1947 RH

1 ‘‘(II) the percentage and number of 

2 program participants who are gaining 

3 skills likely to lead to employment as meas4 ured through testing, quantitative or quali5 tative assessment or other method; and 

6 ‘‘(v) other indicators as approved by the 

7 Secretary. 

8 ‘‘(C) STATE REPORT.—Each State agency shall 

9 annually prepare and submit to the Secretary a re10 port on the State’s employment and training pro11 gram that includes the numbers of supplemental nu12 trition assistance program participants who have 

13 gained skills, training, work or experience that will 

14 increase their ability to obtain regular employment 

15 using measures identified in subparagraph (B). 

16 ‘‘(D) MODIFICATIONS TO THE STATE EMPLOY17 MENT AND TRAINING PLAN.—Subject to the terms 

18 and conditions established by the Secretary, if the 

19 Secretary determines that the state agency’s per20 formance with respect to employment and training 

21 outcomes is inadequate, the Secretary may require 

22 the State agency to make modifications to their em23 ployment and training plan to improve such out24 comes. 

25 ‘‘(E) PERIODIC EVALUATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
941 

•HR 1947 RH

1 ‘‘(i) IN GENERAL.—Subject to terms and 

2 conditions established by the Secretary, not 

3 later than October 1, 2016, and not less fre4 quently than once every 5 years thereafter, the 

5 Secretary shall conduct a study to review exist6 ing practice and research to identify employ7 ment and training program components and 

8 practices that— 

9 ‘‘(I) effectively assist members of 

10 households participating in the supple11 mental nutrition assistance program in 

12 gaining skills, training, work, or experience 

13 that will increase their ability to obtain 

14 regular employment, and 

15 ‘‘(II) are best integrated with state16 wide workforce development systems. 

17 ‘‘(ii) REPORT TO CONGRESS.—The Sec18 retary shall submit a report that describes the 

19 results of the study under clause (i) to the 

20 Committee on Agriculture in the House of Rep21 resentatives, and the Committee on Agriculture, 

22 Nutrition and Forestry in the Senate.’’. 

23 (b) EFFECTIVE DATE.—Notwithstanding section 4(c) 

24 of the Food and Nutrition Act of 2008 (7 U.S.C. 

25 2013(a)), the Secretary shall issue interim final regulaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
942 

•HR 1947 RH

1 tions implementing the amendment made by subsection 

2 (a) no later than 18 months after the date of enactment 

3 of this Act. States shall include such reporting measures 

4 in their employment and training plans for the 1st fiscal 

5 year thereafter that begins no sooner than 6 months after 

6 the date that such regulations are published. 

7 SEC. 4020. COOPERATION WITH PROGRAM RESEARCH AND 

8 EVALUATION. 

9 Section 17 of the Food and Nutrition Act of 2008 

10 (7 U.S.C. 2026) is amended by adding at the end the fol11 lowing: 

12 ‘‘(l) COOPERATION WITH PROGRAM RESEARCH AND

13 EVALUATION.—States, State agencies, local agencies, in14 stitutions, facilities such as data consortiums, and con15 tractors participating in programs authorized under this 

16 Act shall cooperate with officials and contractors acting 

17 on behalf of the Secretary in the conduct of evaluations 

18 and studies under this Act and shall submit information 

19 at such time and in such manner as the Secretary may 

20 require.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
943 

•HR 1947 RH

1 SEC. 4021. PILOT PROJECTS TO REDUCE DEPENDENCY AND 

2 INCREASE WORK EFFORT IN THE SUPPLE3 MENTAL NUTRITION ASSISTANCE PROGRAM. 

4 Section 17 of the Food and Nutrition Act of 2008 

5 (7 U.S.C. 2026), as amended by section 4020, is amended 

6 by adding at the end the following: 

7 ‘‘(m) PILOT PROJECTS TO REDUCE DEPENDENCY

8 AND INCREASE WORK EFFORT IN THE SUPPLEMENTAL

9 NUTRITION ASSISTANCE PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall carry 

11 out, under such terms and conditions as the Sec12 retary considers to be appropriate, pilot projects to 

13 identify best practices for employment and training 

14 programs under this Act to raise the number of 

15 work registrants who obtain unsubsidized employ16 ment, increase their earned income, and reduce their 

17 reliance on public assistance, including but not lim18 ited to the supplemental nutrition assistance pro19 gram. 

20 ‘‘(2) SELECTION CRITERIA.—Pilot projects shall 

21 be selected based on criteria the Secretary estab22 lishes, that shall include— 

23 ‘‘(A) enhancing existing employment and 

24 training programs in the State; 

25 ‘‘(B) agreeing to participate in the evalua26 tion described in paragraph (3), including makVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
944 

•HR 1947 RH

1 ing available data on participants’ employment 

2 activities and post-participation employment, 

3 earnings, and public benefit receipt; 

4 ‘‘(C) collaborating with the State work5 force board and other job training programs in 

6 the State and local area; 

7 ‘‘(D) the extent to which the pilot project’s 

8 components can be easily replicated by other 

9 States or political subdivisions; and 

10 ‘‘(E) such additional criteria that ensure 

11 that the pilot projects— 

12 ‘‘(i) target a variety of populations of 

13 work registrants, including childless adults, 

14 parents, and individuals with low skills or 

15 limited work experience; 

16 ‘‘(ii) are selected from a range of ex17 isting employment and training programs 

18 including programs that provide— 

19 ‘‘(I) section 20 workfare; 

20 ‘‘(II) skills development for work 

21 registrants with limited employment 

22 history; 

23 ‘‘(III) post-employment support 

24 services necessary for maintaining em25 ployment; and 


rfrederick on DSK6VPTVN1PROD with BILLS
945 

•HR 1947 RH

1 ‘‘(IV) education leading to a rec2 ognized postsecondary credential, reg3 istered apprenticeship, or secondary 

4 school diploma or its equivalent; 

5 ‘‘(iii) are located in a range of geo6 graphic areas, including rural, urban, and 

7 Indian reservations; 

8 ‘‘(iv) include participants who are ex9 empt and not exempt under section 

10 (6)(d)(2). 

11 ‘‘(3) EVALUATION.—The Secretary shall pro12 vide for an independent evaluation of projects se13 lected under this subsection to measure the impact 

14 of the pilot projects on the ability of each pilot 

15 project target population to find and retain employ16 ment that leads to increased household income and 

17 reduced dependency, compared to what would have 

18 occurred in the absence of the pilot project. 

19 ‘‘(4) REPORT TO CONGRESS.—By September 

20 30, 2017, the Secretary shall submit, to the Com21 mittee on Agriculture of the House of Representa22 tives and the Committee on Agriculture, Nutrition, 

23 and Forestry of the Senate, a report that includes 

24 a description of— 


rfrederick on DSK6VPTVN1PROD with BILLS
946 

•HR 1947 RH

1 ‘‘(A) the results of each pilot project, in2 cluding an evaluation of the impact of the 

3 project on the employment, income, and public 

4 benefit receipt of the targeted population of 

5 work registrants; 

6 ‘‘(B) the Federal, State, and other costs of 

7 each pilot project; 

8 ‘‘(D) the planned dissemination of the re9 ports’ findings with State agencies; and 

10 ‘‘(E) the steps and funding necessary to 

11 incorporate components of pilot projects that 

12 demonstrate increased employment and earn13 ings into State employment and training pro14 grams. 

15 ‘‘(5) FUNDING.—From amounts made available 

16 to under section 18(a)(1), the Secretary shall make 

17 $10,000,000 availalable for each of the fiscal years 

18 2014, 2015, and 2016 to carry out this subsection. 

19 Such amounts shall remain available until expended. 

20 ‘‘(6) USE OF FUNDS.— 

21 ‘‘(A) Funds provided under this subsection 

22 for pilot projects shall be used only for— 

23 ‘‘(i) pilot projects that comply with 

24 the provisions of this Act; 


rfrederick on DSK6VPTVN1PROD with BILLS
947 

•HR 1947 RH

1 ‘‘(ii) the costs and administration of 

2 the pilot projects; 

3 ‘‘(iii) the costs incurred in providing 

4 information and data to the independent 

5 evaluation under paragraph (3); and 

6 ‘‘(iv) the costs of the evaluation under 

7 paragraph (3). 

8 ‘‘(B) Funds made available under this sub9 section may not be used to supplant non-Fed10 eral funds used for existing employment and 

11 training activities.’’. 

12 SEC. 4022. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 18(a)(1) of the Food and Nutrition Act of 

14 2008 (7 U.S.C. 2027(a)(1)) is amended in the 1st sen15 tence by striking ‘‘2012’’ and inserting ‘‘2018’’. 

16 SEC. 4023. LIMITATION ON USE OF BLOCK GRANT TO PUER17 TO RICO. 

18 Section 19(a)(2)(B) of the Food and Nutrition Act 

19 of 2008 (7 U.S.C. 2028(a)(2)(B)) is amended by adding 

20 at the end the following: 

21 ‘‘(iii) LIMITATION ON USE OF

22 FUNDS.—None of the funds made available 

23 to the Commonwealth of Puerto Rico 

24 under this subparagraph may be used to 


rfrederick on DSK6VPTVN1PROD with BILLS
948 

•HR 1947 RH

1 provide nutrition assistance in the form of 

2 cash benefits.’’. 

3 SEC. 4024. ASSISTANCE FOR COMMUNITY FOOD PROJECTS. 

4 (a) DEFINITION.—Section 25(a)(1)(B)(i) of the Food 

5 and Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)) is 

6 amended— 

7 (1) in subclause (II) by striking ‘‘and’’ at the 

8 end; 

9 (2) in subclause (III) by striking ‘‘or’’ at the 

10 end and inserting ‘‘and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(IV) to provide incentives for 

13 the consumption of fruits and vegeta14 bles among low-income individuals; 

15 or’’. 

16 (b) ADDITIONAL FUNDING.—Section 25(b) of the 

17 Food and Nutrition Act of 2008 (7 U.S.C. 2034) is 

18 amended by adding at the end the following: 

19 ‘‘(3) FUNDING.— 

20 ‘‘(A) IN GENERAL.—Out of any funds in 

21 the Treasury not otherwise appropriated, the 

22 Secretary of the Treasury shall transfer to the 

23 Secretary to carry out this section not less than 

24 $10,000,000 for fiscal year 2014 and each fis25 cal year thereafter. Of the amount made availVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
949 

•HR 1947 RH

1 able under this subparagraph for each such fis2 cal year, $5,000,000 shall be available to carry 

3 out subsection (a)(1)(B)(I)(IV). 

4 ‘‘(B) RECEIPT AND ACCEPTANCE.—The 

5 Secretary shall be entitled to receive, shall ac6 cept, and shall use to carry out this section, the 

7 funds transferred under subparagraph (A) with8 out further appropriation. 

9 ‘‘(C) MAINTENANCE OF FUNDING.—The 

10 funding provided under subparagraph (A) shall 

11 supplement (and not supplant) other Federal 

12 funding made available to the Secretary to 

13 carry out this section.’’. 

14 SEC. 4025. EMERGENCY FOOD ASSISTANCE. 

15 (a) PURCHASE OF COMMODITIES.—Section 27(a) of 

16 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) 

17 is amended— 

18 (1) in paragraph (1) by striking ‘‘2008 through 

19 2012’’ and inserting ‘‘2013 through 2018’’; 

20 (2) in paragraph (2)— 

21 (A) by striking subparagraphs (A) and (B) 

22 and inserting the following: 

23 ‘‘(A) for fiscal year 2013, $265,750,000; 

24 ‘‘(B) for fiscal year 2014 the dollar 

25 amount of commodities specified in subparaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
950 

•HR 1947 RH

1 graph (A) adjusted by the percentage by which 

2 the thrifty food plan has been adjusted under 

3 section 3(u)(4) between June 30, 2012 and 

4 June 30, 2013, and subsequently increased by 

5 $20,000,000;’’; and 

6 (B) in subparagraph (C)— 

7 (i) by striking ‘‘2010 through 2012, 

8 the dollar amount of commodities specified 

9 in’’ and inserting ‘‘2015 through 2018, the 

10 total amount of commodities under’’; and 

11 (ii) by striking ‘‘2008’’ and inserting 

12 ‘‘2013’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) FUNDS AVAILABILITY.—For purposes of 

15 the funds described in this subsection, the Secretary 

16 shall— 

17 ‘‘(A) make the funds available for 2 fiscal 

18 years; and 

19 ‘‘(B) allow States to carry over unex20 pended balances to the next fiscal year pursu21 ant to such terms and conditions as are deter22 mined by the Secretary.’’. 

23 (b) EMERGENCY FOOD PROGRAM INFRASTRUCTURE

24 GRANTS.—Section 209(d) of the Emergency Food AssistVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
951 

•HR 1947 RH

1 ance Act of 1983 (7 U.S.C. 7511a(d)) is amended by 

2 striking ‘‘2012’’ and inserting ‘‘2018’’. 

3 SEC. 4026. NUTRITION EDUCATION. 

4 Section 28 of the Food and Nutrition Act of 2008 

5 (7 U.S.C. 2036a) is amended— 

6 (1) in subsection (b) by inserting ‘‘and physical 

7 activity’’ after ‘‘healthy food choices’’; and 

8 (2) in subsection (d)(1)— 

9 (A) in subparagraph (D) by striking 

10 ‘‘$401,000,000;’’ and inserting ‘‘$375,000,000; 

11 and’’; 

12 (B) by striking subparagraph (E); and 

13 (C) in subparagraph (F) by striking ‘‘(F) 

14 For fiscal year 2016’’ and inserting ‘‘(E) For 

15 fiscal year 2015’’. 

16 SEC. 4027. RETAILER TRAFFICKING. 

17 The Food and Nutrition Act of 2008 (7 U.S.C. 2011 

18 et seq.) is amended by adding at the end the following: 

19 ‘‘SEC. 29. RETAILER TRAFFICKING. 

20 ‘‘(a) PURPOSE.—The purpose of this section is to 

21 provide the Department of Agriculture with additional re22 sources to prevent trafficking in violation of this Act by 

23 strengthening recipient and retailer program integrity. 

24 Additional funds are provided to supplement the DepartVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
952 

•HR 1947 RH

1 ment’s payment accuracy, and retailer and recipient integ2 rity activities. 

3 ‘‘(b) FUNDING.— 

4 ‘‘(1) IN GENERAL.—Out of any funds in the 

5 Treasury not otherwise appropriated, the Secretary 

6 of the Treasury shall transfer to the Secretary to 

7 carry out this section not less than $5,000,000 for 

8 fiscal year 2014 and each fiscal year thereafter. 

9 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec10 retary shall be entitled to receive, shall accept, and 

11 shall use to carry out this section the funds trans12 ferred under paragraph (1) without further appro13 priation. 

14 ‘‘(3) MAINTENANCE OF FUNDING.—The fund15 ing provided under paragraph (1) shall supplement 

16 (and not supplant) other Federal funding for pro17 grams carried out under this Act.’’. 

18 SEC. 4028. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) Section 3 of the Food and Nutrition Act of 2008 

20 (7 U.S.C. 2012) is amended— 

21 (1) in subsection (g) by striking ‘‘coupon,’’ the 

22 last place it appears and inserting ‘‘coupon’’; 

23 (2) in subsection (k)(7) by striking ‘‘or are’’ 

24 and inserting ‘‘and’’; 

25 (3) by striking subsection (l); 


rfrederick on DSK6VPTVN1PROD with BILLS
953 

•HR 1947 RH

1 (4) by redesignating subsections (m) through 

2 (t) as subsections (l) through (s), respectively; and 

3 (5) by inserting after subsection (s) (as so re4 designated) the following: 

5 ‘‘(t) ‘Supplemental nutritional assistance program’ 

6 means the program operated pursuant to this Act.’’. 

7 (b) Section 4(a) of the Food and Nutrition Act of 

8 2008 (7 U.S.C. 2013(a)) is amended by striking ‘‘bene9 fits’’ the last place it appears and inserting ‘‘Benefits’’. 

10 (c) Section 5 of the Food and Nutrition Act of 2008 

11 (7 U.S.C. 2014) is amended— 

12 (1) in the last sentence of subsection (i)(2)(D) 

13 by striking ‘‘section 13(b)(2)’’ and inserting ‘‘section 

14 13(b)’’; and 

15 (2) in subsection (k)(4)(A) by striking ‘‘para16 graph (2)(H)’’ and inserting ‘‘paragraph (2)(G)’’. 

17 (d) Section 6(d)(4) of the Food and Nutrition Act 

18 of 2008 (7 U.S.C. 2015(d)(4)) is amended— 

19 (1) in subparagraph (B)(vii) by moving the left 

20 margin 2 ems to the left, and 

21 (2) in subparagraph(F)(iii) by moving the left 

22 margin 4 ems to the left. 

23 (e) Section 7(h) of the Food and Nutrition Act of 

24 2008 (7 U.S.C. 2016(h)) is amended by redesignating the 

25 2d paragraph (12) as paragraph (13). 


rfrederick on DSK6VPTVN1PROD with BILLS
954 

•HR 1947 RH

1 (f) Section 9(a)(3) of the Food and Nutrition Act of 

2 2008 (7 U.S.C. 2018(a)) is amended by moving the left 

3 margin 2 ems to the left. 

4 (g) Section 12 of the Food and Nutrition Act of 2008 

5 (7 U.S.C. 2021) is amended— 

6 (1) in subsection (b)(3)(C) by striking ‘‘civil 

7 money penalties’’ and inserting ‘‘civil penalties’’; and 

8 (2) in subsection (g)(1) by striking ‘‘(7 U.S.C. 

9 1786)’’ and inserting ‘‘(42 U.S.C. 1786)’’. 

10 (h) Section 15(b)(1) of the Food and Nutrition Act 

11 of 2008 (7 U.S.C. 2024(b)(1)) is amended in the 1st sen12 tence by striking ‘‘an benefit’’ and inserting ‘‘a benefit’’. 

13 (i) Section 16(a) of the Food and Nutrition Act of 

14 2008 (7 U.S.C. 2025(a)) is amended in the proviso fol15 lowing paragraph (8) by striking ‘‘, as amended.’’. 

16 (j) Section 18(e) of the Food and Nutrition Act of 

17 2008 (7 U.S.C. 2027(e)) is amended in the 1st sentence 

18 by striking ‘‘sections 7(f)’’ and inserting ‘‘section 7(f)’’. 

19 (k) Section 22(b)(10)(B)(i) of the Food and Nutri20 tion Act of 2008 (7 U.S.C. 2031(b)(10)(B)(i)) is amended 

21 in the last sentence by striking ‘‘Food benefits’’ and in22 serting ‘‘Benefits’’. 

23 (l) Section 26(f)(3)(C) of the Food and Nutrition Act 

24 of 2008 (7 U.S.C. 2035(f)(3)(C)) is amended by striking 

25 ‘‘subsection’’ and inserting ‘‘subsections’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
955 

•HR 1947 RH

1 (m) Section 27(a)(1) of the Food and Nutrition Act 

2 of 2008 (7 U.S.C. 2036(a)(1)) is amended by striking 

3 ‘‘(Public Law 98–8; 7 U.S.C. 612c note)’’ and inserting 

4 ‘‘(7 U.S.C. 7515)’’. 

5 (n) Section 509 of the Older Americans Act of 1965 

6 (42 U.S.C. 3056g) is amended in the section heading by 

7 striking ‘‘FOOD STAMP PROGRAMS’’ and inserting 

8 ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PRO9 GRAM’’. 

10 (o) Section 4115(c)(2)(H) of the Food, Conservation, 

11 and Energy Act of 2008 (Public Law 110–246; 122 Stat. 

12 1871) is amended by striking ‘‘531’’ and inserting ‘‘454’’. 

13 (p) Section 3803(c)(2)(C)(vii) of title 31 of the 

14 United States Code is amended by striking ‘‘section 3(l)’’ 

15 each place it appears and inserting ‘‘section 3(s)’’. 

16 (q) Section 115 of the Personal Responsibility and 

17 Work Opportunity Reconciliation Act of 1996 (Public Law 

18 104–193) is amended— 

19 (1) in subsection (a)(2) by striking ‘‘section 

20 3(l)’’ and inserting ‘‘section 3(s)’’; 

21 (2) in subsection (b)(2) by striking ‘‘section 

22 3(l)’’ and inserting ‘‘section 3(s)’’; and 

23 (3) in subsection (e)(2) by striking ‘‘section 

24 3(l)’’ and inserting ‘‘section 3(s)’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
956 

•HR 1947 RH

1 (r) The Agriculture and Consumer Protection Act of 

2 1973 (7 U.S.C. 612c) is amended— 

3 (1) in section 4(a) by striking ‘‘Food Stamp 

4 Act of 1977’’ and inserting ‘‘Food and Nutrition Act 

5 of 2008’’; and 

6 (2) in section 5— 

7 (A) in subsection (i)(1) by striking ‘‘Food 

8 Stamp Act of 1977’’ and inserting ‘‘Food and 

9 Nutrition Act of 2008’’; and 

10 (B) in subsection (l)(2)(B) by striking 

11 ‘‘Food Stamp Act of 1977’’ and inserting 

12 ‘‘Food and Nutrition Act of 2008’’. 

13 (s) The Social Security Act (42 U.S.C. 301 et seq.) 

14 is amended— 

15 (1) in the heading of section 453(j)(10) by 

16 striking ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLE17 MENTAL NUTRITION ASSISTANCE’’; 

18 (2) in section 1137— 

19 (A) in subsection (a)(5)(B) by striking 

20 ‘‘food stamp’’ and inserting ‘‘supplemental nu21 trition assistance’’; and 

22 (B) in subsection (b)(4) by striking ‘‘food 

23 stamp program under the Food Stamp Act of 

24 1977’’ and inserting ‘‘supplemental nutrition 


rfrederick on DSK6VPTVN1PROD with BILLS
957 

•HR 1947 RH

1 assistance program under the Food and Nutri2 tion Act of 2008’’; and 

3 (3) in the heading of section 1631(n) by strik4 ing ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL

5 NUTRITION ASSISTANCE’’. 

6 SEC. 4029. TOLERANCE LEVEL FOR EXCLUDING SMALL ER7 RORS. 

8 The Secretary shall set the tolerance level for exclud9 ing small errors for the purposes of section 16(c) of the 

10 Food and Nutrition Act of 2008 (7 U.S.C. 2025(c))— 

11 (1) for fiscal year 2014 at an amount no great12 er than $25; and 

13 (2) for each fiscal year thereafter, the amount 

14 specified in paragraph (1) adjusted by the percent15 age by which the thrifty food plan is adjusted under 

16 section 3(u)(4) of such Act between June 30, 2012, 

17 and June 30 of the immediately preceding fiscal 

18 year. 

19 SEC. 4030. COMMONWEALTH OF THE NORTHERN MARIANA 

20 ISLANDS PILOT PROGRAM. 

21 (a) STUDY.— 

22 (1) IN GENERAL.—Prior to establishing the 

23 pilot program under subsection (b), the Secretary 

24 shall conduct a study to be completed not later than 


rfrederick on DSK6VPTVN1PROD with BILLS
958 

•HR 1947 RH

1 2 years after the effective date of this section to as2 sess— 

3 (A) the capabilities of the Commonwealth 

4 of the Northern Mariana Islands to operate the 

5 supplemental nutrition assistance program in 

6 the same manner in which the program is oper7 ated in the States (as defined in section 3 of 

8 the Food and Nutrition Act (7 U.S.C. 2011 et 

9 seq)); and 

10 (B) alternative models of the supplemental 

11 nutrition assistance program operation and ben12 efit delivery that best meet the nutrition assist13 ance needs of the Commonwealth of the North14 ern Mariana Islands. 

15 (2) SCOPE.—The study conducted under para16 graph (1)(A) will assess the capability of the Com17 monwealth to fulfill the responsibilities of a State 

18 agency, including— 

19 (A) extending and limiting participation to 

20 eligible households, as prescribed by sections 5 

21 and 6 of the Act; 

22 (B) issuing benefits through EBT cards, 

23 as prescribed by section 7 of the Act; 

24 (C) maintaining the integrity of the pro25 gram, including operation of a quality control 


rfrederick on DSK6VPTVN1PROD with BILLS
959 

•HR 1947 RH

1 system, as prescribed by section 16(c) of the 

2 Act; 

3 (D) implementing work requirements, in4 cluding operating an employment and training 

5 program, as prescribed by section 6(d) of the 

6 Act; and 

7 (E) paying a share of administrative costs 

8 with non-Federal funds, as prescribed by sec9 tion 16(a) of the Act. 

10 (b) ESTABLISHMENT.—If the Secretary determines 

11 that a pilot program is feasible, the Secretary shall estab12 lish a pilot program for the Commonwealth of the North13 ern Mariana Islands to operate the supplemental nutrition 

14 assistance program in the same manner in which the pro15 gram is operated in the States. 

16 (c) SCOPE.—The Secretary shall utilize the informa17 tion obtained from the study conducted under subsection 

18 (a) to establish the scope of the pilot program established 

19 under subsection (b). 

20 (d) REPORT.—Not later than June 30, 2019, the 

21 Secretary shall submit to the Committee on Agriculture 

22 of the House of Representatives and the Committee on 

23 Agriculture, Nutrition, and Forestry of the Senate a re24 port on the pilot program carried out under this section, 

25 including an analysis of the feasibility of operating in the 


rfrederick on DSK6VPTVN1PROD with BILLS
960 

•HR 1947 RH

1 Commonwealth of the Northern Mariana Islands the sup2 plemental nutrition assistance program as it is operated 

3 in the States. 

4 (e) FUNDING.— 

5 (1) STUDY.—Of the funds made available under 

6 section 18(a)(1) of the Food and Nutrition Act of 

7 2008, the Secretary may use not more than 

8 $1,000,000 in each of fiscal years 2014 and 2015 to 

9 conduct the study described in subsection (a). 

10 (2) PILOT PROGRAM.—Of the funds made avail11 able under section 18(a)(1) of the Food and Nutri12 tion Act of 2008, for the purposes of establishing 

13 and carrying out the pilot program established under 

14 subsection (b) of this section, including the Federal 

15 costs for providing technical assistance to the Com16 monwealth, authorizing and monitoring retail food 

17 stores, and assessing pilot operations, the Secretary 

18 may use not more than— 

19 (A) $13,500,000 in fiscal year 2016; and 

20 (B) $8,500,000 in each of fiscal years 

21 2017 and 2018. 

22 SEC. 4031. ANNUAL STATE REPORT ON VERIFICATION OF 

23 SNAP PARTICIPATION. 

24 (a) ANNUAL REPORT.—Not later 1 year after the 

25 date specified by the Secretary in the 180-period beginVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
961 

•HR 1947 RH

1 ning on the date of the enactment of this Act, and annu2 ally thereafter, each State agency that carries out the sup3 plemental nutrition assistance program shall submit to the 

4 Secretary a report containing sufficient information for 

5 the Secretary to determine whether the State agency has, 

6 for the then most recently concluded fiscal year preceding 

7 such annual date, verified that households to which such 

8 State agency provided such assistance in such fiscal 

9 year— 

10 (1) did not obtain benefits attributable to a de11 ceased individual; and 

12 (2) did not include an individual who was si13 multaneously included in a household receiving such 

14 assistance in another State. 

15 (b) PENALTY FOR NONCOMPLIANCE.—For any fiscal 

16 year for which a State agency fails to comply with sub17 section (a), the Secretary shall reduce by 50 percent the 

18 amount otherwise payable to such State agency under sec19 tion 16(a) of the Food and Nutrition Act of 2008 with 

20 respect to such fiscal year. 

21 Subtitle B—Commodity 

22 Distribution Programs 

23 SEC. 4101. COMMODITY DISTRIBUTION PROGRAM. 

24 Section 4(a) of the Agriculture and Consumer Protec25 tion Act of 1973 (7 U.S.C. 612c note; Public Law 93– 


rfrederick on DSK6VPTVN1PROD with BILLS
962 

•HR 1947 RH

1 86) is amended in the 1st sentence by striking ‘‘2012’’ 

2 and inserting ‘‘2018’’. 

3 SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

4 Section 5 of the Agriculture and Consumer Protec5 tion Act of 1973 (7 U.S.C. 612c note; Public Law 93– 

6 86) is amended— 

7 (1) in paragraphs (1) and (2)(B) of subsection 

8 (a) by striking ‘‘2012’’ each place it appears and in9 serting ‘‘2018’’; 

10 (2) in the 1st sentence of subsection (d)(2) by 

11 striking ‘‘2012’’ and inserting ‘‘2018’’; 

12 (3) by striking subsection (g) and inserting the 

13 following: 

14 ‘‘(g) ELIGIBILITY.—Except as provided in subsection 

15 (m), the States shall only provide assistance under the 

16 commodity supplemental food program to low-income indi17 viduals aged 60 and older.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(m) PHASE-OUT.—Notwithstanding any other provi20 sion of law, an individual who receives assistance under 

21 the commodity supplemental food program on the day be22 fore the effective date of this subsection shall continue to 

23 receive that assistance until the date on which the indi24 vidual no longer qualifies for assistance under the eligiVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
963 

•HR 1947 RH

1 bility criteria for the program in effect on the day before 

2 the effective date of this subsection.’’. 

3 SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO 

4 SPECIAL NUTRITION PROJECTS. 

5 Section 1114(a)(2)(A) of the Agriculture and Food 

6 Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 

7 1st sentence by striking ‘‘2012’’ and inserting ‘‘2018’’. 

8 SEC. 4104. PROCESSING OF COMMODITIES. 

9 (a) Section 17 of the Commodity Distribution Reform 

10 Act and WIC Amendments of 1987 (7 U.S.C. 612c note) 

11 is amended by— 

12 (1) striking the heading and inserting ‘‘COM13 MODITY DONATIONS AND PROCESSING’’; and 

14 (2) adding at the end the following: 

15 ‘‘(c) PROCESSING.—For any program included in 

16 subsection (b), the Secretary may, notwithstanding any 

17 other provision of State or Federal law relating to the pro18 curement of goods and services— 

19 ‘‘(1) retain title to commodities delivered to a 

20 processor, on behalf of a State (including a State 

21 distributing agency and a recipient agency), until 

22 such time as end products containing such commod23 ities, or similar commodities as approved by the Sec24 retary, are delivered to a State distributing agency 

25 or to a recipient agency; and 


rfrederick on DSK6VPTVN1PROD with BILLS
964 

•HR 1947 RH

1 ‘‘(2) promulgate regulations to ensure account2 ability for commodities provided to a processor for 

3 processing into end products, and to facilitate proc4 essing of commodities into end products for use by 

5 recipient agencies. Such regulations may provide 

6 that— 

7 ‘‘(A) a processor that receives commodities 

8 for processing into end products, or provides a 

9 service with respect to such commodities or end 

10 products, in accordance with its agreement with 

11 a State distributing agency or a recipient agen12 cy, provide to the Secretary a bond or other 

13 means of financial assurance to protect the 

14 value of such commodities; and 

15 ‘‘(B) in the event a processor fails to de16 liver to a State distributing agency or a recipi17 ent agency an end product in conformance with 

18 the processing agreement entered into under 

19 this Act, the Secretary take action with respect 

20 to the bond or other means of financial assur21 ance pursuant to regulations promulgated 

22 under this paragraph and distribute any pro23 ceeds obtained by the Secretary to one or more 

24 State distributing agencies and recipient agenVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
965 

•HR 1947 RH

1 cies as determined appropriate by the Sec2 retary.’’. 

3 (b) DEFINITIONS.—Section 18 of the Commodity 

4 Distribution Reform Act and WIC Amendments of 1987 

5 (7 U.S.C. 612c note) is amended by striking paragraphs 

6 (1) and (2) and inserting the following: 

7 ‘‘(1) The term ‘commodities’ means agricultural 

8 commodities and their products that are donated by 

9 the Secretary for use by recipient agencies. 

10 ‘‘(2) The term ‘end product’ means a food 

11 product that contains processed commodities.’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 Section 3 of the Commodity Distribution Reform Act and 

14 WIC Amendments of 1987 (7 U.S.C. 612c note; Public 

15 Law 100–237) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2) by striking subpara18 graph (B) and inserting the following: 

19 ‘‘(B) the program established under sec20 tion 4(b) of the Food and Nutrition Act of 

21 2008 (7 U.S.C. 2013(b));’’; and 

22 (B) in paragraph (3)(D) by striking ‘‘the 

23 Committee on Education and Labor’’ and in24 serting ‘‘the Committee on Education and the 

25 Workforce’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
966 

•HR 1947 RH

1 (2) in subsection (b)(1)(A)(ii) by striking ‘‘sec2 tion 32 of the Agricultural Adjustment Act (7 

3 U.S.C. 601 et seq.)’’ and inserting ‘‘section 32 of 

4 the Act of August 24, 1935 (7 U.S.C. 612c)’’; 

5 (3) in subsection (e)(1)(D)(iii) by striking sub6 clause (II) and inserting the following: 

7 ‘‘(II) the program established 

8 under section 4(b) of the Food and 

9 Nutrition Act of 2008 (7 U.S.C. 

10 2013(b));’’; and 

11 (4) in subsection (k) by striking ‘‘the Com12 mittee on Education and Labor’’ and inserting ‘‘the 

13 Committee on Education and the Workforce’’. 

14 Subtitle C—Miscellaneous 

15 SEC. 4201. FARMERS’ MARKET NUTRITION PROGRAM. 

16 Section 4402 of the Farm Security and Rural Invest17 ment Act of 2002 (7 U.S.C. 3007) is amended— 

18 (1) in the section heading by striking ‘‘SEN19 IORS’’; 

20 (2) by amending subsection (a) to read as fol21 lows: 

22 ‘‘(a) FUNDING.— 

23 ‘‘(1) IN GENERAL.—Of the funds of the Com24 modity Credit Corporation, the Secretary of Agri25 culture shall use to carry out and expand the farmVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
967 

•HR 1947 RH

1 ers market nutrition program $20,600,000 for each 

2 of fiscal years 2014 through 2018. 

3 ‘‘(2) ADDITIONAL FUNDING.—There is author4 ized to be appropriated such sums as are necessary 

5 to carry out this subsection for each of the fiscal 

6 years specified in paragraph (1).’’; 

7 (3) in subsection (b)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘seniors’’; and 

10 (B) in paragraph (1) by inserting ‘‘, and 

11 low-income families who are determined to be at 

12 nutritional risk’’ after ‘‘low-income seniors’’; 

13 (4) in subsection (c) by striking ‘‘seniors’’; 

14 (5) in subsection (d) by striking ‘‘seniors’’; 

15 (6) in subsection (e) by striking ‘‘seniors’’; 

16 (7) by redesignating subsections (c), (d), (e), 

17 and (f) as subsections (d), (e), (f), and (g), respec18 tively; and 

19 (8) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) STATE GRANTS AND OTHER ASSISTANCE.—The 

22 Secretary shall carry out the Program through grants and 

23 other assistance provided in accordance with agreements 

24 made with States, for implementation through State agen25 cies and local agencies, that include provisions— 


rfrederick on DSK6VPTVN1PROD with BILLS
968 

•HR 1947 RH

1 ‘‘(1) for the issuance of coupons or vouchers to 

2 participating individuals; 

3 ‘‘(2) establishing an appropriate annual per4 centage limitation on the use of funds for adminis5 trative costs; and 

6 ‘‘(3) specifying other terms and conditions as 

7 the Secretary deems appropriate to encourage ex8 panding the participation of small scale farmers in 

9 Federal nutrition programs.’’. 

10 SEC. 4202. NUTRITION INFORMATION AND AWARENESS 

11 PILOT PROGRAM. 

12 Section 4403 of the Farm Security and Rural Invest13 ment Act of 2002 (7 U.S.C. 3171 note; Public Law 107– 

14 171) is repealed. 

15 SEC. 4203. FRESH FRUIT AND VEGETABLE PROGRAM. 

16 Section 19 of the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1769a) is amended— 

18 (1) in the section heading, by striking 

19 ‘‘FRESH’’; 

20 (2) in subsection (a), by striking ‘‘fresh’’; 

21 (3) in subsection (b), by striking ‘‘fresh’’; and 

22 (4) in subsection (e), by striking ‘‘fresh’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
969 

•HR 1947 RH

1 SEC. 4204. ADDITIONAL AUTHORITY FOR PURCHASE OF 

2 FRESH FRUITS, VEGETABLES, AND OTHER 

3 SPECIALTY FOOD CROPS. 

4 Section 10603 of the Farm Security and Rural In5 vestment Act of 2002 (7 U.S.C. 612c–4) is amended— 

6 (1) in subsection (b), by striking ‘‘2012’’ and 

7 inserting ‘‘2018’’; 

8 (2) by redesignating subsection (c) as sub9 section (d); and 

10 (3) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) PILOT GRANT PROGRAM FOR PURCHASE OF

13 FRESH FRUITS AND VEGETABLES.— 

14 ‘‘(1) IN GENERAL.—Using amounts made avail15 able to carry out subsection (b), the Secretary of Ag16 riculture shall conduct a pilot program under which 

17 the Secretary will give not more than five partici18 pating States the option of receiving a grant in an 

19 amount equal to the value of the commodities that 

20 the participating State would otherwise receive 

21 under this section for each of fiscal years 2014 

22 through 2018. 

23 ‘‘(2) USE OF GRANT FUNDS.—A participating 

24 State receiving a grant under this subsection may 

25 use the grant funds solely to purchase fresh fruits 

26 and vegetables for distribution to schools and service 


rfrederick on DSK6VPTVN1PROD with BILLS
970 

•HR 1947 RH

1 institutions in the State that participate in the food 

2 service programs under the Richard B. Russell Na3 tional School Lunch Act (42 U.S.C. 1751 et seq.) 

4 and the Child Nutrition Act of 1966 (42 U.S.C. 

5 1771 et seq.). 

6 ‘‘(3) SELECTION OF PARTICIPATING STATES.— 

7 The Secretary shall select participating States from 

8 applications submitted by the States. 

9 ‘‘(4) REPORTING REQUIREMENTS.— 

10 ‘‘(A) SCHOOL AND SERVICE INSTITUTION

11 REQUIREMENT.—Schools and service institu12 tions in a participating State shall keep records 

13 of purchases of fresh fruits and vegetables 

14 made using the grant funds and report such 

15 records to the State. 

16 ‘‘(B) STATE REQUIREMENT.—Each par17 ticipating State shall submit to the Secretary a 

18 report on the success of the pilot program in 

19 the State, including information on— 

20 ‘‘(i) the amount and value of each 

21 type of fresh fruit and vegetable purchased 

22 by the State; and 

23 ‘‘(ii) the benefit provided by such pur24 chases in conducting the school food servVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
971 

•HR 1947 RH

1 ice in the State, including meeting school 

2 meal requirements.’’. 

3 SEC. 4205. ENCOURAGING LOCALLY AND REGIONALLY 

4 GROWN AND RAISED FOOD. 

5 (a) COMMODITY PURCHASE STREAMLINING.—The 

6 Secretary may permit each school food authority with a 

7 low annual commodity entitlement value, as determined by 

8 the Secretary, to elect to substitute locally and regionally 

9 grown and raised food for the authority’s allotment, in 

10 whole or in part, of commodity assistance for the school 

11 meal programs under the Richard B. Russell National 

12 School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 

13 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), if— 

14 (1) the election is requested by the school food 

15 authority; 

16 (2) the Secretary determines that the election 

17 will reduce State and Federal administrative costs; 

18 and 

19 (3) the election will provide the school food au20 thority with greater flexibility to purchase locally 

21 and regionally grown and raised foods. 

22 (b) FARM-TO-SCHOOL DEMONSTRATION PRO23 GRAMS.— 

24 (1) IN GENERAL.—The Secretary may establish 

25 farm-to-school demonstration programs under which 


rfrederick on DSK6VPTVN1PROD with BILLS
972 

•HR 1947 RH

1 school food authorities, agricultural producers pro2 ducing for local and regional markets, and other 

3 farm-to-school stakeholders will collaborate with the 

4 Agriculture Marketing Service to, on a cost neutral 

5 basis, source food for the school meal programs 

6 under the Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.) and the Child Nutri8 tion Act of 1966 (42 U.S.C. 1771 et seq.) from local 

9 farmers and ranchers in lieu of the commodity as10 sistance provided to the school food authorities for 

11 the school meal programs. 

12 (2) REQUIREMENTS.— 

13 (A) IN GENERAL.—Each demonstration 

14 program carried out under this subsection 

15 shall— 

16 (i) facilitate and increase the purchase 

17 of unprocessed and minimally processed lo18 cally and regionally grown and raised agri19 cultural products to be served under the 

20 school meal programs; 

21 (ii) test methods to improve procure22 ment, transportation, and meal preparation 

23 processes for the school meal programs; 

24 (iii) assess whether administrative 

25 costs can be saved through increased 


rfrederick on DSK6VPTVN1PROD with BILLS
973 

•HR 1947 RH

1 school food authority flexibility to source 

2 locally and regionally produced foods for 

3 the school meal programs; and 

4 (iv) undertake rigorous evaluation and 

5 share information about results of the 

6 demonstration program, including cost sav7 ings, with the Secretary, other school food 

8 authorities, agricultural producers pro9 ducing for the local and regional market, 

10 and the general public. 

11 (B) PLANS.—In order to be selected to 

12 carry out a demonstration program under this 

13 subsection, a school food authority shall submit 

14 to the Secretary a plan at such time and in 

15 such manner as the Secretary may require, and 

16 containing information with respect to the re17 quirements described in clauses (i) through (iv) 

18 of subparagraph (A). 

19 (3) TECHNICAL ASSISTANCE.—The Secretary 

20 shall provide technical assistance to demonstration 

21 program participants to assist such participants to 

22 acquire bids from potential vendors in a timely and 

23 cost-effective manner. 


rfrederick on DSK6VPTVN1PROD with BILLS
974 

•HR 1947 RH

1 (4) LENGTH.—The Secretary shall determine 

2 the appropriate length of time for each demonstra3 tion program under this subsection. 

4 (5) COORDINATION.—The Secretary shall co5 ordinate among relevant agencies of the Department 

6 of Agriculture and non-governmental organizations 

7 with appropriate expertise to facilitate the provision 

8 of training and technical assistance necessary to suc9 cessfully carry out demonstration programs under 

10 this subsection. 

11 (6) NUMBER.—Subject to the availability of 

12 funds to carry out this subsection, the Secretary 

13 shall select at least 10 demonstration programs to 

14 be carried out under this subsection. 

15 (7) DIVERSITY AND BALANCE.—In selecting 

16 demonstration programs to be carried out under this 

17 subsection, the Secretary shall, to the maximum ex18 tent practicable, ensure— 

19 (A) geographical diversity; 

20 (B) that at least half of the demonstration 

21 programs are completed in collaboration with 

22 school food authorities with small annual com23 modity entitlements, as determined by the Sec24 retary; 


rfrederick on DSK6VPTVN1PROD with BILLS
975 

•HR 1947 RH

1 (C) that at least half of the demonstration 

2 programs are completed in rural or tribal com3 munities; 

4 (D) equitable treatment of school food au5 thorities with a high percentage of students eli6 gible for free or reduced price lunches, as deter7 mined by the Secretary; and 

8 (E) that at least one of the demonstration 

9 programs is completed on a military installation 

10 as defined in section 2687(e)(1) of title 10, 

11 United States Code. 

12 TITLE V—CREDIT 

13 Subtitle A—Farm Ownership Loans 

14 SEC. 5001. ELIGIBILITY FOR FARM OWNERSHIP LOANS. 

15 (a) IN GENERAL.—Section 302(a) of the Consoli16 dated Farm and Rural Development Act (7 U.S.C. 

17 1922(a)) is amended— 

18 (1) by striking ‘‘(a) IN GENERAL.—The’’ and 

19 inserting the following: 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

22 (2) in the 1st sentence, by inserting after ‘‘lim23 ited liability companies’’ the following: ‘‘, and such 

24 other legal entities as the Secretary deems appro25 priate,’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
976 

•HR 1947 RH

1 (3) in the 2nd sentence, by redesignating 

2 clauses (1) through (4) as clauses (A) through (D), 

3 respectively; 

4 (4) in each of the 2nd and 3rd sentences, by 

5 striking ‘‘and limited liability companies’’ each place 

6 it appears and inserting ‘‘limited liability companies, 

7 and such other legal entities’’; 

8 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

9 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

10 and 

11 (6) by adding at the end the following: 

12 ‘‘(2) SPECIAL DEEMING RULES.— 

13 ‘‘(A) ELIGIBILITY OF CERTAIN OPER14 ATING-ONLY ENTITIES.—An entity that is or 

15 will become only the operator of a family farm 

16 is deemed to meet the owner-operator require17 ments of paragraph (1) if the individuals that 

18 are the owners of the family farm own more 

19 than 50 percent (or such other percentage as 

20 the Secretary determines is appropriate) of the 

21 entity. 

22 ‘‘(B) ELIGIBILITY OF CERTAIN EMBEDDED

23 ENTITIES.—An entity that is an owner-operator 

24 described in paragraph (1), or an operator de25 scribed in subparagraph (A) of this paragraph 


rfrederick on DSK6VPTVN1PROD with BILLS
977 

•HR 1947 RH

1 that is owned, in whole or in part, by other en2 tities, is deemed to meet the direct ownership 

3 requirement imposed under paragraph (1) if at 

4 least 75 percent of the ownership interests of 

5 each embedded entity of such entity is owned 

6 directly or indirectly by the individuals that own 

7 the family farm.’’. 

8 (b) DIRECT FARM OWNERSHIP EXPERIENCE RE9 QUIREMENT.—Section 302(b)(1) of such Act (7 U.S.C. 

10 1922(b)(1)) is amended by inserting ‘‘or has other accept11 able experience for a period of time, as determined by the 

12 Secretary,’’ after ‘‘3 years’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) Section 304(c)(2) of such Act (7 U.S.C. 

15 1924(c)(2)) by striking ‘‘paragraphs (1) and (2) of 

16 section 302(a)’’ and inserting ‘‘clauses (A) and (B) 

17 of section 302(a)(1)’’. 

18 (2) Section 310D of such Act (7 U.S.C. 1934) 

19 is amended— 

20 (A) by inserting after ‘‘partnership’’ the 

21 following: ‘‘, or such other legal entities as the 

22 Secretary deems appropriate,’’; and 

23 (B) by striking ‘‘or partners’’ each place it 

24 appears and inserting ‘‘partners, or owners’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
978 

•HR 1947 RH

1 SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE 

2 PROGRAM. 

3 (a) ELIGIBILITY.—Section 304(c) of the Consolidated 

4 Farm and Rural Development Act (7 U.S.C. 1924(c)) is 

5 amended by inserting after ‘‘limited liability companies’’ 

6 the following: ‘‘, or such other legal entities as the Sec7 retary deems appropriate,’’. 

8 (b) LIMITATION ON LOAN GUARANTEE AMOUNT.— 

9 Section 304(e) of such Act (7 U.S.C. 1924(e)) is amended 

10 by striking ‘‘75 percent’’ and inserting ‘‘90 percent’’. 

11 (c) EXTENSION OF PROGRAM.—Section 304(h) of 

12 such Act (7 U.S.C. 1924(h)) is amended by striking 

13 ‘‘2012’’ and inserting ‘‘2018’’. 

14 SEC. 5003. DOWN PAYMENT LOAN PROGRAM. 

15 (a) IN GENERAL.—Section 310E(b)(1)(C) of the 

16 Consolidated Farm and Rural Development Act (7 U.S.C. 

17 1935(b)(1)(C)) is amended by striking ‘‘$500,000’’ and 

18 inserting ‘‘$667,000’’. 

19 (b) TECHNICAL CORRECTION.—Section 310E(b) of 

20 such Act (7 U.S.C. 1935(b)) is amended by striking the 

21 2nd paragraph (2). 

22 SEC. 5004. ELIMINATION OF MINERAL RIGHTS APPRAISAL 

23 REQUIREMENT. 

24 Section 307 of the Consolidated Farm and Rural De25 velopment Act (7 U.S.C. 1927) is amended by striking 


rfrederick on DSK6VPTVN1PROD with BILLS
979 

•HR 1947 RH

1 subsection (d) and redesignating subsection (e) as sub2 section (d). 

3 Subtitle B—Operating Loans 

4 SEC. 5101. ELIGIBILITY FOR FARM OPERATING LOANS. 

5 Section 311(a) of the Consolidated Farm and Rural 

6 Development Act (7 U.S.C. 1941(a)) is amended— 

7 (1) by striking ‘‘(a) IN GENERAL.—The’’ and 

8 inserting the following: 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) ELIGIBILITY REQUIREMENTS.—The’’; 

11 (2) in the 1st sentence, by inserting after ‘‘lim12 ited liability companies’’ the following: ‘‘, and such 

13 other legal entities as the Secretary deems appro14 priate,’’; 

15 (3) in the 2nd sentence, by redesignating 

16 clauses (1) through (4) as clauses (A) through (D), 

17 respectively; 

18 (4) in each of the 2nd and 3rd sentences, by 

19 striking ‘‘and limited liability companies’’ each place 

20 it appears and inserting ‘‘limited liability companies, 

21 and such other legal entities’’; 

22 (5) in the 3rd sentence, by striking ‘‘(3)’’ and 

23 ‘‘(4)’’ and inserting ‘‘(C)’’ and ‘‘(D)’’, respectively; 

24 and 

25 (6) by adding at the end the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
980 

•HR 1947 RH

1 ‘‘(2) SPECIAL DEEMING RULE.—An entity that 

2 is an operator described in paragraph (1) that is 

3 owned, in whole or in part, by other entities, is 

4 deemed to meet the direct ownership requirement 

5 imposed under paragraph (1) if at least 75 percent 

6 of the ownership interests of each embedded entity 

7 of such entity is owned directly or indirectly by the 

8 individuals that own the family farm.’’. 

9 SEC. 5102. ELIMINATION OF RURAL RESIDENCY REQUIRE10 MENT FOR OPERATING LOANS TO YOUTH. 

11 Section 311(b)(1) of the Consolidated Farm and 

12 Rural Development Act (7 U.S.C. 1941(b)(1)) is amended 

13 by striking ‘‘who are rural residents’’. 

14 SEC. 5103. AUTHORITY TO WAIVE PERSONAL LIABILITY 

15 FOR YOUTH LOANS DUE TO CIRCUMSTANCES 

16 BEYOND BORROWER CONTROL. 

17 Section 311(b) of the Consolidated Farm and Rural 

18 Development Act (7 U.S.C. 1941(b)) is amended by add19 ing at the end the following: 

20 ‘‘(5) The Secretary may, on a case by case basis, 

21 waive the personal liability of a borrower for a loan made 

22 under this subsection if any default on the loan was due 

23 to circumstances beyond the control of the borrower.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
981 

•HR 1947 RH

1 SEC. 5104. MICROLOANS. 

2 (a) IN GENERAL.—Section 313 of the Consolidated 

3 Farm and Rural Development Act (7 U.S.C. 1943) is 

4 amended by adding at the end the following: 

5 ‘‘(c) MICROLOANS.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 the Secretary may establish a program to make or 

8 guarantee microloans. 

9 ‘‘(2) LIMITATION.—The Secretary shall not 

10 make or guarantee a microloan under this sub11 section that exceeds $35,000 or that would cause the 

12 total principal indebtedness outstanding at any 1 

13 time for microloans made under this chapter to any 

14 1 borrower to exceed $70,000. 

15 ‘‘(3) APPLICATIONS.—To the maximum extent 

16 practicable, the Secretary shall limit the administra17 tive burdens and streamline the application and ap18 proval process for microloans under this subsection. 

19 ‘‘(4) COOPERATIVE LENDING PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary may contract with 

22 community-based and nongovernmental organi23 zations, State entities, or other intermediaries, 

24 as the Secretary determines appropriate— 

25 ‘‘(i) to make or guarantee a microloan 

26 under this subsection; and 


rfrederick on DSK6VPTVN1PROD with BILLS
982 

•HR 1947 RH

1 ‘‘(ii) to provide business, financial, 

2 marketing, and credit management services 

3 to borrowers. 

4 ‘‘(B) REQUIREMENTS.—Before contracting 

5 with an entity described in subparagraph (A), 

6 the Secretary— 

7 ‘‘(i) shall review and approve— 

8 ‘‘(I) the loan loss reserve fund 

9 for microloans established by the enti10 ty; and 

11 ‘‘(II) the underwriting standards 

12 for microloans of the entity; and 

13 ‘‘(ii) establish such other requirements 

14 for contracting with the entity as the Sec15 retary determines necessary.’’. 

16 (b) EXCEPTIONS FOR DIRECT LOANS.—Section 

17 311(c)(2) of such Act (7 U.S.C. 1941(c)(2)) is amended 

18 to read as follows: 

19 ‘‘(2) EXCEPTIONS.—In this subsection, the 

20 term ‘direct operating loan’ shall not include— 

21 ‘‘(A) a loan made to a youth under sub22 section (b); or 

23 ‘‘(B) a microloan made to a beginning 

24 farmer or rancher or a veteran farmer or ranch25 er (as defined in section 2501(e) of the Food, 


rfrederick on DSK6VPTVN1PROD with BILLS
983 

•HR 1947 RH

1 Agriculture, Conservation, and Trade Act of 

2 1990 (7 U.S.C. 2279(e)).’’. 

3 (c) Section 312(a) of such Act (7 U.S.C. 1942(a)) 

4 is amended by inserting ‘‘(including a microloan, as de5 fined by the Secretary)’’ after ‘‘A direct loan’’. 

6 (d) Section 316(a)(2) of such Act (7 U.S.C. 

7 1946(a)(2)) is amended by inserting ‘‘a microloan to a be8 ginning farmer or rancher or veteran farmer or rancher 

9 (as defined in section 2501(e) of the Food, Agriculture, 

10 Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) 

11 or’’ after ‘‘The interest rate on’’. 

12 Subtitle C—Emergency Loans 

13 SEC. 5201. ELIGIBILITY FOR EMERGENCY LOANS. 

14 Section 321(a) of the Consolidated Farm and Rural 

15 Development Act (7 U.S.C. 1961(a)) is amended— 

16 (1) by striking ‘‘owner-operators (in the case of 

17 loans for a purpose under subtitle A) or operators 

18 (in the case of loans for a purpose under subtitle 

19 B)’’ each place it appears and inserting ‘‘(in the 

20 case of farm ownership loans in accordance with 

21 subtitle A) owner-operators or operators, or (in the 

22 case of loans for a purpose under subtitle B) opera23 tors’’; 

24 (2) by inserting after ‘‘limited liability compa25 nies’’ the 1st place it appears the following: ‘‘, or 


rfrederick on DSK6VPTVN1PROD with BILLS
984 

•HR 1947 RH

1 such other legal entities as the Secretary deems ap2 propriate’’; and 

3 (3) by inserting after ‘‘limited liability compa4 nies’’ the 2nd place it appears the following: ‘‘, or 

5 other legal entities’’; 

6 (4) by striking ‘‘and limited liability compa7 nies,’’ and inserting ‘‘limited liability companies, and 

8 such other legal entities’’; 

9 (5) by striking ‘‘ownership and operator’’ and 

10 inserting ‘‘ownership or operator’’; and 

11 (6) by adding at the end the following: ‘‘An en12 tity that is an owner-operator or operator described 

13 in this subsection is deemed to meet the direct own14 ership requirement imposed under this subsection if 

15 at least 75 percent of the ownership interests of 

16 each embedded entity of such entity is owned di17 rectly or indirectly by the individuals that own the 

18 family farm.’’. 

19 Subtitle D—Administrative 

20 Provisions 

21 SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL 

22 DEVELOPMENT ACCOUNTS PILOT PROGRAM. 

23 Section 333B(h) of the Consolidated Farm and Rural 

24 Development Act (7 U.S.C. 1983b(h)) is amended by 

25 striking ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
985 

•HR 1947 RH

1 SEC. 5302. ELIGIBLE BEGINNING FARMERS AND RANCH2 ERS. 

3 (a) CONFORMING AMENDMENTS RELATING TO

4 CHANGES IN ELIGIBILITY RULES.—Section 343(a)(11) of 

5 such Act (7 U.S.C. 1991(a)(11)) is amended— 

6 (1) by inserting after ‘‘joint operation,’’ the 1st 

7 place it appears the following: ‘‘or such other legal 

8 entity as the Secretary deems appropriate,’’; 

9 (2) by striking ‘‘or joint operators’’ each place 

10 it appears and inserting ‘‘joint operators, or own11 ers’’; and 

12 (3) by inserting after ‘‘joint operation,’’ the 2nd 

13 and 3rd place it appears the following: ‘‘or such 

14 other legal entity,’’. 

15 (b) MODIFICATION OF ACREAGE OWNERSHIP LIMI16 TATION.—Section 343(a)(11)(F) of such Act (7 U.S.C. 

17 1991(a)(11)(F)) is amended by striking ‘‘median acreage’’ 

18 and inserting ‘‘average acreage’’. 

19 SEC. 5303. LOAN AUTHORIZATION LEVELS. 

20 Section 346(b)(1) of the Consolidated Farm and 

21 Rural Development Act (7 U.S.C. 1994(b)(1)) is amended 

22 in the matter preceding subparagraph (A) by striking 

23 ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
986 

•HR 1947 RH

1 SEC. 5304. PRIORITY FOR PARTICIPATION LOANS. 

2 Section 346(b)(2)(A)(i) of the Consolidated Farm 

3 and Rural Development Act (7 U.S.C. 1994(b)(2)(A)(i)) 

4 is amended by adding at the end the following: 

5 ‘‘(III) PRIORITY.—In order to 

6 maximize the number of borrowers 

7 served under this clause, the Sec8 retary— 

9 ‘‘(aa) shall give priority to 

10 applicants who apply under the 

11 down payment loan program 

12 under section 310E or joint fi13 nancing arrangements under sec14 tion 307(a)(3)(D); and 

15 ‘‘(bb) may offer other fi16 nancing options under this sub17 title to applicants only if the Sec18 retary determines that down pay19 ment or other participation loan 

20 options are not a viable approach 

21 for the applicants.’’. 

22 SEC. 5305. LOAN FUND SET-ASIDES. 

23 Section 346(b)(2)(A)(ii)(III) of the Consolidated 

24 Farm and Rural Development Act (7 U.S.C. 

25 1994(b)(2)(A)(ii)(III)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
987 

•HR 1947 RH

1 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

2 and 

3 (2) by striking ‘‘of the total amount’’. 

4 SEC. 5306. CONFORMING AMENDMENT TO BORROWER 

5 TRAINING PROVISION, RELATING TO ELIGI6 BILITY CHANGES. 

7 Section 359(c)(2) of the Consolidated Farm and 

8 Rural Development Act (7 U.S.C. 2006a(c)(2)) is amend9 ed by striking ‘‘section 302(a)(2) or 311(a)(2)’’ and in10 serting ‘‘section 302(a)(1)(B) or 311(a)(1)(B)’’. 

11 Subtitle E—State Agricultural 

12 Mediation Programs 

13 SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS. 

14 Section 506 of the Agricultural Credit Act of 1987 

15 (7 U.S.C. 5106) is amended by striking ‘‘2015’’ and in16 serting ‘‘2018’’. 

17 Subtitle F—Loans to Purchasers of 

18 Highly Fractionated Land 

19 SEC. 5501. LOANS TO PURCHASERS OF HIGHLY 

20 FRACTIONATED LAND. 

21 The first section of Public Law 91–229 (25 U.S.C. 

22 488) is amended in subsection (b)(1) by striking ‘‘pursu23 ant to section 205(c) of the Indian Land Consolidation 

24 Act (25 U.S.C. 2204(c))’’ and inserting ‘‘or to interVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
988 

•HR 1947 RH

1 mediaries in order to establish revolving loan funds for the 

2 purchase of highly fractionated land’’. 

3 TITLE VI—RURAL 

4 DEVELOPMENT 

5 Subtitle A—Consolidated Farm and 

6 Rural Development Act 

7 SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER 

8 FACILITY GRANTS. 

9 Section 306(a)(2)(B)(vii) of the Consolidated Farm 

10 and Rural Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) 

11 by striking ‘‘$30,000,000 for each of fiscal years 2008 

12 through 2012’’ and inserting ‘‘$15,000,000 for each of fis13 cal years 2014 through 2018’’. 

14 SEC. 6002. RURAL BUSINESS OPPORTUNITY GRANTS. 

15 Section 306(a)(11)(D) of the Consolidated Farm and 

16 Rural Development Act (7 U.S.C. 1926(a)(11)(D)) is 

17 amended by striking ‘‘$15,000,000 for each of fiscal years 

18 2008 through 2012’’ and inserting ‘‘$15,000,000 for each 

19 of fiscal years 2014 through 2018’’. 

20 SEC. 6003. ELIMINATION OF RESERVATION OF COMMUNITY 

21 FACILITIES GRANT PROGRAM FUNDS. 

22 Section 306(a)(19) of the Consolidated Farm and 

23 Rural Development Act (7 U.S.C. 1926(a)(19)) is amend24 ed by striking subparagraph (C). 


rfrederick on DSK6VPTVN1PROD with BILLS
989 

•HR 1947 RH

1 SEC. 6004. UTILIZATION OF LOAN GUARANTEES FOR COM2 MUNITY FACILITIES. 

3 Section 306(a)(24) of the Consolidated Farm and 

4 Rural Development Act (7 U.S.C. 1926(a)(24)) is amend5 ed by adding at the end the following: 

6 ‘‘(C) UTILIZATION OF LOAN GUARANTEES

7 FOR COMMUNITY FACILITIES.—The Secretary 

8 shall consider the benefits to communities that 

9 result from using loan guarantees in the Com10 munity Facilities Program and to the maximum 

11 extent possible utilize guarantees to enhance 

12 community involvement.’’. 

13 SEC. 6005. RURAL WATER AND WASTEWATER CIRCUIT 

14 RIDER PROGRAM. 

15 Section 306(a)(22) of the Consolidated Farm and 

16 Rural Development Act (7 U.S.C. 1926(a)(22)) is amend17 ed to read as follows: 

18 ‘‘(22) RURAL WATER AND WASTEWATER CIR19 CUIT RIDER PROGRAM.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 continue a national rural water and wastewater 

22 circuit rider program that— 

23 ‘‘(i) is consistent with the activities 

24 and results of the program conducted be25 fore the date of enactment of this para26 graph, as determined by the Secretary; and 


rfrederick on DSK6VPTVN1PROD with BILLS
990 

•HR 1947 RH

1 ‘‘(ii) receives funding from the Sec2 retary, acting through the Rural Utilities 

3 Service. 

4 ‘‘(B) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to carry out this paragraph $20,000,000 for fis7 cal year 2014 and each fiscal year thereafter.’’. 

8 SEC. 6006. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL 

9 COMMUNITY FACILITIES. 

10 Section 306(a)(25)(C) of the Consolidated Farm and 

11 Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is 

12 amended by striking ‘‘$10,000,000 for each of fiscal years 

13 2008 through 2012’’ and inserting ‘‘$5,000,000 for each 

14 of fiscal years 2014 through 2018’’. 

15 SEC. 6007. EMERGENCY AND IMMINENT COMMUNITY 

16 WATER ASSISTANCE GRANT PROGRAM. 

17 Section 306A(i)(2) of the Consolidated Farm and 

18 Rural Development Act (7 U.S.C. 1926a(i)(2)) is amended 

19 by striking ‘‘$35,000,000 for each of fiscal years 2008 

20 through 2012’’ and inserting ‘‘$27,000,000 for each of fis21 cal years 2014 through 2018’’. 

22 SEC. 6008. HOUSEHOLD WATER WELL SYSTEMS. 

23 Section 306E(d) of the Consolidated Farm and Rural 

24 Development Act (7 U.S.C. 1926e(d)) is amended by 

25 striking ‘‘$10,000,000 for each of fiscal years 2008 


rfrederick on DSK6VPTVN1PROD with BILLS
991 

•HR 1947 RH

1 through 2012’’ and inserting ‘‘$5,000,000 for each of fis2 cal years 2014 through 2018’’. 

3 SEC. 6009. RURAL BUSINESS AND INDUSTRY LOAN PRO4 GRAM. 

5 (a) FLEXIBILITY FOR THE BUSINESS AND LOAN

6 PROGRAM.—Section 310B(a)(2)(A) of the Consolidated 

7 Farm and Rural Development Act (7 U.S.C. 

8 1932(a)(2)(A)) is amended by inserting ‘‘including work9 ing capital’’ after ‘‘employment’’. 

10 (b) GREATER FLEXIBILITY FOR ADEQUATE COLLAT11 ERAL THROUGH ACCOUNTS RECEIVABLE.—Section 

12 310B(g)(7) of such Act (7 U.S.C. 1932(g)(7)) is amended 

13 by adding at the end the following: ‘‘In the discretion of 

14 the Secretary, if the Secretary determines that the action 

15 would not create or otherwise contribute to an unreason16 able risk of default or loss to the Federal Government, 

17 the Secretary may take account receivables as security for 

18 the obligations entered into in connection with loans and 

19 a borrower may use account receivables as collateral to 

20 secure a loan made or guaranteed under this subsection.’’. 

21 (c) REGULATIONS.—Not later than 6 months after 

22 the date of the enactment of this Act, the Secretary shall 

23 promulgate such regulations as are necessary to imple24 ment the amendments made by this section. 


rfrederick on DSK6VPTVN1PROD with BILLS
992 

•HR 1947 RH

1 SEC. 6010. RURAL COOPERATIVE DEVELOPMENT GRANTS. 

2 Section 310B(e)(12) of the Consolidated Farm and 

3 Rural Development Act (7 U.S.C. 1932(e)(12)) is amend4 ed by striking ‘‘$50,000,000 for each of fiscal years 2008 

5 through 2012’’ and inserting ‘‘$40,000,000 for each of fis6 cal years 2014 through 2018’’. 

7 SEC. 6011. LOCALLY OR REGIONALLY PRODUCED AGRICUL8 TURAL FOOD PRODUCTS. 

9 Section 310B(g)(9)(B)(v)(I) of the Consolidated 

10 Farm and Rural Development Act (7 U.S.C. 

11 1932(g)(9)(B)(v)(I)) is amended— 

12 (1) by striking ‘‘2012’’ and inserting ‘‘2018’’; 

13 and 

14 (2) by inserting ‘‘and not more than 7 percent’’ 

15 after ‘‘5 percent’’. 

16 SEC. 6012. INTERMEDIARY RELENDING PROGRAM. 

17 (a) IN GENERAL.—Subtitle A of the Consolidated 

18 Farm and Rural Development Act (7 U.S.C. 1922–1936a) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 310H. INTERMEDIARY RELENDING PROGRAM. 

21 ‘‘(a) IN GENERAL.—The Secretary shall make loans 

22 to the entities, for the purposes, and subject to the terms 

23 and conditions specified in the 1st, 2nd, and last sentences 

24 of section 623(a) of the Community Economic Develop25 ment Act of 1981 (42 U.S.C. 9812(a)). 


rfrederick on DSK6VPTVN1PROD with BILLS
993 

•HR 1947 RH

1 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO2 PRIATIONS.—For loans under subsection (a), there are au3 thorized to be appropriated to the Secretary not more than 

4 $10,000,000 for each of fiscal years 2014 through 2018.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 

6 1323(b)(2) of the Food Security Act of 1985 (Public Law 

7 99–198; 7 U.S.C. 1932 note) is amended— 

8 (1) in subparagraph (A), by adding ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (B), by striking ‘‘; and’’ 

11 and inserting a period; and 

12 (3) by striking subparagraph (C). 

13 SEC. 6013. RURAL WATER AND WASTE DISPOSAL INFRA14 STRUCTURE. 

15 Section 333 of the Consolidated Farm and Rural De16 velopment Act (7 U.S.C. 1983) is amended— 

17 (1) by striking ‘‘require’’; 

18 (2) in paragraph (1), by inserting ‘‘require’’ 

19 after ‘‘(1)’’; 

20 (3) in paragraph (2), by inserting ‘‘, require’’ 

21 after ‘‘314’’; 

22 (4) in paragraph (3), by inserting ‘‘require’’ 

23 after ‘‘loans,’’; 

24 (5) in paragraph (4)— 

25 (A) by inserting ‘‘require’’ after ‘‘(4)’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
994 

•HR 1947 RH

1 (B) by striking ‘‘and’’ after the semicolon; 

2 (6) in paragraph (5)— 

3 (A) by inserting ‘‘require’’ after ‘‘(5)’’; and 

4 (B) by striking the period at the end and 

5 inserting ‘‘; and’’; and 

6 (7) by adding at the end the following: 

7 ‘‘(6) with respect to water and waste disposal 

8 direct and guaranteed loans provided under section 

9 306, encourage, to the maximum extent practicable, 

10 private or cooperative lenders to finance rural water 

11 and waste disposal facilities by— 

12 ‘‘(A) maximizing the use of loan guaran13 tees to finance eligible projects in rural commu14 nities where the population exceeds 5,500; 

15 ‘‘(B) maximizing the use of direct loans to 

16 finance eligible projects in rural communities 

17 where the impact on rate payers will be mate18 rial when compared to financing with a loan 

19 guarantee; 

20 ‘‘(C) establishing and applying a materi21 ality standard when determining the difference 

22 in impact on rate payers between a direct loan 

23 and a loan guarantee; 

24 ‘‘(D) in the case of projects that require 

25 interim financing in excess of $500,000, requirVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
995 

•HR 1947 RH

1 ing that such projects initially seek such financ2 ing from private or cooperative lenders; and 

3 ‘‘(E) determining if an existing direct loan 

4 borrower can refinance with a private or cooper5 ative lender, including with a loan guarantee, 

6 prior to providing a new direct loan.’’. 

7 SEC. 6014. SIMPLIFIED APPLICATIONS. 

8 (a) IN GENERAL.—Section 333A of the Consolidated 

9 Farm and Rural Development Act (7 U.S.C. 1983a) is 

10 amended by adding at the end the following: 

11 ‘‘(h) SIMPLIFIED APPLICATION FORMS.—Except as 

12 provided in subsection (g)(2) of this section, the Secretary 

13 shall, to the maximum extent practicable, develop a sim14 plified application process, including a single page applica15 tion where possible, for grants and relending authorized 

16 under sections 306, 306C, 306D, 306E, 310B(b), 

17 310B(c), 310B(e), 310B(f), 310H, 379B, and 379E.’’. 

18 (b) REPORT TO THE CONGRESS.—Within 2 years 

19 after the date of the enactment of this Act, the Secretary 

20 shall submit to the Committee on Agriculture of the House 

21 of Representatives and the Committee on Agriculture, Nu22 trition, and Forestry of the Senate a written report that 

23 contains an evaluation of the implementation of the 

24 amendment made by subsection (a). 


rfrederick on DSK6VPTVN1PROD with BILLS
996 

•HR 1947 RH

1 SEC. 6015. GRANTS FOR NOAA WEATHER RADIO TRANSMIT2 TERS. 

3 Section 379B(d) of the Consolidated Farm and Rural 

4 Development Act (7 U.S.C. 2008p(d)) is amended to read 

5 as follows: 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $1,000,000 for each of fiscal years 2014 through 2018.’’. 

9 SEC. 6016. RURAL MICROENTREPRENEUR ASSISTANCE 

10 PROGRAM. 

11 Section 379E(d)(2) of the Consolidated Farm and 

12 Rural Development Act (7 U.S.C. 2008s(d)(2)) is amend13 ed by striking ‘‘$40,000,000 for each of fiscal years 2009 

14 through 2012’’ and inserting ‘‘$20,000,000 for each of fis15 cal years 2014 through 2018’’. 

16 SEC. 6017. DELTA REGIONAL AUTHORITY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 382M(a) of the Consolidated Farm and Rural Develop19 ment Act (7 U.S.C. 2009aa–12(a)) is amended by striking 

20 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

21 and inserting ‘‘$12,000,000 for each of fiscal years 2014 

22 through 2018’’. 

23 (b) TERMINATION OF AUTHORITY.—Section 382N of 

24 such Act (7 U.S.C. 2009aa–13) is amended by striking 

25 ‘‘2012’’ and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
997 

•HR 1947 RH

1 SEC. 6018. NORTHERN GREAT PLAINS REGIONAL AUTHOR2 ITY. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 383N(a) of the Consolidated Farm and Rural Develop5 ment Act (7 U.S.C. 2009bb–12(a)) is amended by striking 

6 ‘‘$30,000,000 for each of fiscal years 2008 through 2012’’ 

7 and inserting ‘‘$2,000,000 for each of fiscal years 2014 

8 through 2018’’. 

9 (b) TERMINATION OF AUTHORITY.—Section 383O of 

10 such Act (7 U.S.C. 2009bb–13) is amended by striking 

11 ‘‘2012’’ and inserting ‘‘2018’’. 

12 SEC. 6019. RURAL BUSINESS INVESTMENT PROGRAM. 

13 Section 384S of the Consolidated Farm and Rural 

14 Development Act (7 U.S.C. 2009cc–18) is amended by 

15 striking ‘‘$50,000,000 for the period of fiscal years 2008 

16 through 2012’’ and inserting ‘‘$20,000,000 for each of fis17 cal years 2014 through 2018’’. 

18 Subtitle B—Rural Electrification 

19 Act of 1936 

20 SEC. 6101. RELENDING FOR CERTAIN PURPOSES. 

21 (a) IN GENERAL.—The Rural Electrification Act of 

22 1936 (7 U.S.C. 901 et seq.) is amended— 

23 (1) in section 2(a), by inserting ‘‘(including re24 lending for this purpose as provided in section 4)’’ 

25 after ‘‘efficiency’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
998 

•HR 1947 RH

1 (2) in section 4(a), by inserting ‘‘(including re2 lending to ultimate consumers for this purpose by 

3 borrowers enumerated in the proviso in this sec4 tion)’’ after ‘‘efficiency’’; and 

5 (3) in section 313(b)(2)(B)— 

6 (A) by inserting ‘‘(acting through the 

7 Rural Utilities Service)’’ after ‘‘Secretary’’; and 

8 (B) by inserting ‘‘energy efficiency (includ9 ing relending to ultimate consumers for this 

10 purpose),’’ after ‘‘promoting’’. 

11 (b) CURRENT AUTHORITY.—The authority provided 

12 in this section is in addition to any other relending author13 ity of the Secretary under the Rural Electrification Act 

14 of 1936 (7 U.S.C. 901 et. seq.) or any other law. 

15 (c) ADMINISTRATION.—The Secretary (acting 

16 through the Rural Utilities Service) shall continue to carry 

17 out section 313 of the Rural Electrification Act of 1936 

18 (7 U.S.C. 940c) in the same manner as on the day before 

19 enactment of this Act until such time as any regulations 

20 necessary to carry out the amendments made by this sec21 tion are fully implemented. 

22 SEC. 6102. FEES FOR CERTAIN LOAN GUARANTEES. 

23 The Rural Electrification Act of 1936 (7 U.S.C. 901 

24 et seq.) is amended by inserting after section 4 the fol25 lowing: 


rfrederick on DSK6VPTVN1PROD with BILLS
999 

•HR 1947 RH

1 ‘‘SEC. 5. FEES FOR CERTAIN LOAN GUARANTEES. 

2 ‘‘(a) IN GENERAL.—For electrification baseload gen3 eration loan guarantees, the Secretary shall, at the request 

4 of the borrower, charge an upfront fee to cover the costs 

5 of the loan guarantee. 

6 ‘‘(b) FEE.—The fee described in subsection (a) for 

7 a loan guarantee shall be equal to the costs of the loan 

8 guarantee (within the meaning of section 502(5)(C) of the 

9 Federal Credit Reform Act of 1990 (2 U.S.C. 

10 661a(5)(C))). 

11 ‘‘(c) LIMITATION.—Funds received from a borrower 

12 to pay the fee described in this section shall not be derived 

13 from a loan or other debt obligation that is made or guar14 anteed by the Federal Government.’’. 

15 SEC. 6103. GUARANTEES FOR BONDS AND NOTES ISSUED 

16 FOR ELECTRIFICATION OR TELEPHONE PUR17 POSES. 

18 Section 313A(f) of the Rural Electrification Act of 

19 1936 (7 U.S.C. 940c–1(f)) is amended by striking ‘‘2012’’ 

20 and inserting ‘‘2018’’. 

21 SEC. 6104. EXPANSION OF 911 ACCESS. 

22 Section 315(d) of the Rural Electrification Act of 

23 1936 (7 U.S.C. 940e(d)) is amended by striking ‘‘2012’’ 

24 and inserting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1000 

•HR 1947 RH

1 SEC. 6105. ACCESS TO BROADBAND TELECOMMUNICATIONS 

2 SERVICES IN RURAL AREAS. 

3 Section 601 of the Rural Electrification Act of 1936 

4 (7 U.S.C. 950bb) is amended— 

5 (1) in subsection (c), by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) PRIORITIES.—In making or guaranteeing 

8 loans under paragraph (1), the Secretary shall 

9 give— 

10 ‘‘(A) the highest priority to applicants that 

11 offer to provide broadband service to the great12 est proportion of households that, prior to the 

13 provision of the broadband service, had no in14 cumbent service provider; and 

15 ‘‘(B) priority to applicants that offer in 

16 their applications to provide broadband service 

17 not predominantly for business service, but 

18 where at least 25 percent of customers in the 

19 proposed service territory are commercial inter20 ests.’’; 

21 (2) in subsection (d)— 

22 (A) in paragraph (5)— 

23 (i) by striking ‘‘and’’ at the end of 

24 subparagraph (B); 


rfrederick on DSK6VPTVN1PROD with BILLS
1001 

•HR 1947 RH

1 (ii) by striking the period at the end 

2 of subparagraph (C) and inserting a semi3 colon; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(D) the amount and type of support re7 quested; and 

8 ‘‘(E) a list of the census block groups or 

9 tracts proposed to be so served.’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(8) ADDITIONAL PROCESS.—The Secretary 

12 shall establish a process under which an incumbent 

13 service provider which, as of the date of the publica14 tion of notice under paragraph (5) with respect to 

15 an application submitted by the provider, is pro16 viding broadband service to a remote rural area, 

17 may (but shall not be required to) submit to the 

18 Secretary, not less than 15 and not more than 30 

19 days after that date, information regarding the 

20 broadband services that the provider offers in the 

21 proposed service territory, so that the Secretary may 

22 assess whether the application meets the require23 ments of this section with respect to eligible 

24 projects.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1002 

•HR 1947 RH

1 (3) in subsection (e), by adding at the end the 

2 following: 

3 ‘‘(3) REQUIREMENT.—In considering the tech4 nology needs of customers in a proposed service ter5 ritory, the Secretary shall take into consideration the 

6 upgrade or replacement cost for the construction or 

7 acquisition of facilities and equipment in the terri8 tory.’’; and 

9 (4) in each of subsections (k)(1) and (l), by 

10 striking ‘‘2012’’ and inserting ‘‘2018’’. 

11 Subtitle C—Miscellaneous 

12 SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 2335A of the Food, Agriculture, Conservation, and Trade 

15 Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking 

16 ‘‘$100,000,000 for each of fiscal years 2008 through 

17 2012’’ and inserting ‘‘$65,000,000 for each of fiscal years 

18 2014 through 2018’’. 

19 (b) CONFORMING AMENDMENT.—Section 1(b) of 

20 Public Law 102–551 (7 U.S.C. 950aaa note) is amended 

21 by striking ‘‘2012’’ and inserting ‘‘2018’’. 

22 SEC. 6202. VALUE-ADDED AGRICULTURAL MARKET DEVEL23 OPMENT PROGRAM GRANTS. 

24 Section 231(b)(7) of the Agricultural Risk Protection 

25 Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1003 

•HR 1947 RH

1 (1) in subparagraph (A)— 

2 (A) by striking ‘‘2008’’ and inserting 

3 ‘‘2013’’; and 

4 (B) by striking ‘‘$15,000,000’’ and insert5 ing ‘‘$50,000,000’’; and 

6 (2) in subparagraph (B), by striking ‘‘2012’’ 

7 and inserting ‘‘2018’’. 

8 SEC. 6203. AGRICULTURE INNOVATION CENTER DEM9 ONSTRATION PROGRAM. 

10 Section 6402(i) of the Farm Security and Rural In11 vestment Act of 2002 (7 U.S.C. 1632b(i)) is amended by 

12 striking ‘‘$6,000,000 for each of fiscal years 2008 through 

13 2012’’ and inserting ‘‘$1,000,000 for each of fiscal years 

14 2014 through 2018’’. 

15 SEC. 6204. PROGRAM METRICS. 

16 (a) IN GENERAL.—The Secretary of Agriculture shall 

17 collect data regarding economic activities created through 

18 grants and loans, including any technical assistance pro19 vided as a component of the grant or loan program, and 

20 measure the short and long term viability of award recipi21 ents and any entities to whom those recipients provide as22 sistance using award funds under section 231 of the Agri23 cultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; 

24 Public Law 106–224), section 9007 of the Farm Security 

25 and Rural Investment Act of 2002 (7 U.S.C. 8107), secVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1004 

•HR 1947 RH

1 tion 313(b)(2) of the Rural Electrification Act of 1936 

2 (7 U.S.C. 940c(b)(2)), or section 306(a)(11), 310B(c), 

3 310B(e), 310B(g), 310H, or 379E, or subtitle E, of the 

4 Consolidated Farm and Rural Development Act (7 U.S.C. 

5 1926(a)(11), 1932(c), 1932(e), 1932(g), 2008s, or 2009 

6 through 2009m). 

7 (b) DATA.—The data collected under subsection (a) 

8 shall include information collected from recipients both 

9 during the award period and after the period as deter10 mined by the Secretary, but not less than 2 years after 

11 the award period ends. 

12 (c) REPORT.—Not later than 4 years after the date 

13 of enactment of this Act, and every 2 years thereafter, 

14 the Secretary shall submit to the Committee on Agri15 culture of the House of Representatives and the Com16 mittee on Agriculture, Nutrition, and Forestry of the Sen17 ate a report that contains the data described in subsection 

18 (a). The report shall include detailed information regard19 ing— 

20 (1) actions taken by the Secretary to utilize the 

21 data; 

22 (2) the number of jobs, including self-employ23 ment and the value of salaries and wages; 

24 (3) how the provision of funds from the grant 

25 or loan involved affected the local economy; 


rfrederick on DSK6VPTVN1PROD with BILLS
1005 

•HR 1947 RH

1 (4) any benefit, such as an increase in revenue 

2 or customer base; and 

3 (5) such other information as the Secretary 

4 deems appropriate. 

5 SEC. 6205. STUDY OF RURAL TRANSPORTATION ISSUES. 

6 (a) IN GENERAL.—The Secretary of Agriculture and 

7 the Secretary of Transportation shall publish an updated 

8 version of the study described in section 6206 of the Food, 

9 Conservation, and Energy Act of 2008. 

10 (b) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of enactment of this Act, the Secretary of 

12 Agriculture and the Secretary of Transportation shall sub13 mit to the Congress the updated version of the study re14 quired by subsection (a). 

15 SEC. 6206. CERTAIN FEDERAL ACTIONS NOT TO BE CONSID16 ERED MAJOR. 

17 In the case of a loan, loan guarantee, or grant pro18 gram in the rural development mission area of the Depart19 ment of Agriculture, an action of the Secretary before, on, 

20 or after the date of enactment of this Act that does not 

21 involve the provision by the Department of Agriculture of 

22 Federal dollars or a Federal loan guarantee, including— 

23 (1) the approval by the Department of Agri24 culture of the decision of a borrower to commence 

25 a privately funded activity; 


rfrederick on DSK6VPTVN1PROD with BILLS
1006 

•HR 1947 RH

1 (2) a lien accommodation or subordination; 

2 (3) a debt settlement or restructuring; or 

3 (4) the restructuring of a business entity by a 

4 borrower, 

5 shall not be considered a major Federal action. 

6 TITLE VII—RESEARCH, EXTEN7 SION, AND RELATED MAT8 TERS 

9 Subtitle A—National Agricultural 

10 Research, Extension, and Teach11 ing Policy Act of 1977 

12 SEC. 7101. OPTION TO BE INCLUDED AS NON-LAND-GRANT 

13 COLLEGE OF AGRICULTURE. 

14 Section 1404 of the National Agricultural Research, 

15 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

16 3103) is amended— 

17 (1) by striking paragraph (5) and inserting the 

18 following new paragraph: 

19 ‘‘(5) COOPERATING FORESTRY SCHOOL.— 

20 ‘‘(A) IN GENERAL.—The term ‘cooperating 

21 forestry school’ means an institution— 

22 ‘‘(i) that is eligible to receive funds 

23 under the Act of October 10, 1962 (16 

24 U.S.C. 582a et seq.), commonly known as 

25 the McIntire-Stennis Act of 1962; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1007 

•HR 1947 RH

1 ‘‘(ii) with respect to which the Sec2 retary has not received a declaration of the 

3 intent of that institution to not be consid4 ered a cooperating forestry school. 

5 ‘‘(B) TERMINATION OF DECLARATION.—A 

6 declaration of the intent of an institution to not 

7 be considered a cooperating forestry school sub8 mitted to the Secretary shall be in effect until 

9 September 30, 2018.’’; and 

10 (2) in paragraph (10)— 

11 (A) in subparagraph (A)— 

12 (i) in the matter preceding clause (i), 

13 by striking ‘‘that’’; 

14 (ii) in clause (i)— 

15 (I) by inserting ‘‘that’’ before 

16 ‘‘qualify’’; and 

17 (II) by striking ‘‘and’’ at the end; 

18 (iii) in clause (ii)— 

19 (I) by inserting ‘‘that’’ before 

20 ‘‘offer’’; and 

21 (II) by striking the period at the 

22 end and inserting ‘‘; and’’; and 

23 (iv) by adding at the end the following 

24 new clause: 


rfrederick on DSK6VPTVN1PROD with BILLS
1008 

•HR 1947 RH

1 ‘‘(iii) with respect to which the Sec2 retary has not received a statement of the 

3 declaration of the intent of a college or 

4 university to not be considered a Hispanic5 serving agricultural college or university.’’; 

6 and 

7 (B) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(C) TERMINATION OF DECLARATION OF

10 INTENT.—A declaration of the intent of a col11 lege or university to not be considered a His12 panic-serving agricultural college or university 

13 submitted to the Secretary shall be in effect 

14 until September 30, 2018.’’. 

15 SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTEN16 SION, EDUCATION, AND ECONOMICS ADVI17 SORY BOARD. 

18 (a) EXTENSION OF TERMINATION DATE.—Section 

19 1408(h) of the National Agricultural Research, Extension, 

20 and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is 

21 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

22 (b) DUTIES OF NATIONAL AGRICULTURAL RE23 SEARCH, EXTENSION, EDUCATION, AND ECONOMICS AD24 VISORY BOARD.—Section 1408(c) of the National AgriculVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1009 

•HR 1947 RH

1 tural Research, Extension, and Teaching Policy Act of 

2 1977 (7 U.S.C. 3123(c)) is amended— 

3 (1) in paragraph (3), by striking ‘‘and’’ at the 

4 end; 

5 (2) in paragraph (4)(C), by striking the period 

6 at the end and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) consult with industry groups on agricul10 tural research, extension, education, and economics, 

11 and make recommendations to the Secretary based 

12 on that consultation.’’. 

13 SEC. 7103. SPECIALTY CROP COMMITTEE. 

14 Section 1408A(c) of the National Agricultural Re15 search, Extension, and Teaching Policy Act of 1977 (7 

16 U.S.C. 3123a(c)) is amended— 

17 (1) in paragraph (1), by striking ‘‘Measures’’ 

18 and inserting ‘‘Programs’’; 

19 (2) by striking paragraph (2); 

20 (3) by redesignating paragraphs (3), (4), and 

21 (5) as paragraphs (2), (3), and (4), respectively; and 

22 (4) in paragraph (2) (as so redesignated)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘Programs that would’’ and in25 serting ‘‘Research, extension, and teaching proVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1010 

•HR 1947 RH

1 grams designed to improve competitiveness in 

2 the specialty crop industry, including programs 

3 that would’’; 

4 (B) in subparagraph (D), by inserting ‘‘in5 cluding improving the quality and taste of proc6 essed specialty crops’’ before the semicolon; and 

7 (C) in subparagraph (G), by inserting ‘‘the 

8 remote sensing and the’’ before ‘‘mechaniza9 tion’’. 

10 SEC. 7104. VETERINARY SERVICES GRANT PROGRAM. 

11 The National Agricultural Research, Extension, and 

12 Teaching Policy Act of 1977 is amended by inserting after 

13 section 1415A (7 U.S.C. 3151a) the following new section: 

14 ‘‘SEC. 1415B. VETERINARY SERVICES GRANT PROGRAM. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) QUALIFIED ENTITY.—The term ‘qualified 

17 entity’ means— 

18 ‘‘(A) a for-profit or nonprofit entity located 

19 in the United States that, or an individual who, 

20 operates a veterinary clinic providing veterinary 

21 services— 

22 ‘‘(i) in a rural area, as defined in sec23 tion 343(a) of the Consolidated Farm and 

24 Rural Development Act (7 U.S.C. 

25 1991(a)); and 


rfrederick on DSK6VPTVN1PROD with BILLS
1011 

•HR 1947 RH

1 ‘‘(ii) in a veterinarian shortage situa2 tion; 

3 ‘‘(B) a State, national, allied, or regional 

4 veterinary organization or specialty board rec5 ognized by the American Veterinary Medical 

6 Association; 

7 ‘‘(C) a college or school of veterinary medi8 cine accredited by the American Veterinary 

9 Medical Association; 

10 ‘‘(D) a university research foundation or 

11 veterinary medical foundation; 

12 ‘‘(E) a department of veterinary science or 

13 department of comparative medicine accredited 

14 by the Department of Education; 

15 ‘‘(F) a State agricultural experiment sta16 tion; or 

17 ‘‘(G) a State, local, or tribal government 

18 agency. 

19 ‘‘(2) VETERINARIAN SHORTAGE SITUATION.— 

20 The term ‘veterinarian shortage situation’ means a 

21 veterinarian shortage situation as determined by the 

22 Secretary under section 1415A. 

23 ‘‘(b) ESTABLISHMENT.— 

24 ‘‘(1) COMPETITIVE GRANTS.—The Secretary 

25 shall carry out a program to make competitive 


rfrederick on DSK6VPTVN1PROD with BILLS
1012 

•HR 1947 RH

1 grants to qualified entities that carry out programs 

2 or activities described in paragraph (2) for the pur3 pose of developing, implementing, and sustaining 

4 veterinary services. 

5 ‘‘(2) ELIGIBILITY REQUIREMENTS.—A qualified 

6 entity shall be eligible to receive a grant described 

7 in paragraph (1) if the entity carries out programs 

8 or activities that the Secretary determines will— 

9 ‘‘(A) substantially relieve veterinarian 

10 shortage situations; 

11 ‘‘(B) support or facilitate private veteri12 nary practices engaged in public health activi13 ties; or 

14 ‘‘(C) support or facilitate the practices of 

15 veterinarians who are providing or have com16 pleted providing services under an agreement 

17 entered into with the Secretary under section 

18 1415A(a)(2). 

19 ‘‘(c) AWARD PROCESSES AND PREFERENCES.— 

20 ‘‘(1) APPLICATION, EVALUATION, AND INPUT

21 PROCESSES.—In administering the grant program 

22 established under this section, the Secretary shall— 

23 ‘‘(A) use an appropriate application and 

24 evaluation process, as determined by the Sec25 retary; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1013 

•HR 1947 RH

1 ‘‘(B) seek the input of interested persons. 

2 ‘‘(2) COORDINATION PREFERENCE.—In select3 ing recipients of grants to be used for any of the 

4 purposes described in subsection (d)(1), the Sec5 retary shall give a preference to qualified entities 

6 that provide documentation of coordination with 

7 other qualified entities, with respect to any such 

8 purpose. 

9 ‘‘(3) CONSIDERATION OF AVAILABLE FUNDS.— 

10 In selecting recipients of grants to be used for any 

11 of the purposes described in subsection (d), the Sec12 retary shall take into consideration the amount of 

13 funds available for grants and the purposes for 

14 which the grant funds will be used. 

15 ‘‘(4) NATURE OF GRANTS.—A grant awarded 

16 under this section shall be considered to be a com17 petitive research, extension, or education grant. 

18 ‘‘(d) USE OF GRANTS TO RELIEVE VETERINARIAN

19 SHORTAGE SITUATIONS AND SUPPORT VETERINARY

20 SERVICES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), a qualified entity may use funds provided 

23 by a grant awarded under this section to relieve vet24 erinarian shortage situations and support veterinary 

25 services for any of the following purposes: 


rfrederick on DSK6VPTVN1PROD with BILLS
1014 

•HR 1947 RH

1 ‘‘(A) To promote recruitment (including 

2 for programs in secondary schools), placement, 

3 and retention of veterinarians, veterinary tech4 nicians, students of veterinary medicine, and 

5 students of veterinary technology. 

6 ‘‘(B) To allow veterinary students, veteri7 nary interns, externs, fellows, and residents, 

8 and veterinary technician students to cover ex9 penses (other than the types of expenses de10 scribed in section 1415A(c)(5)) to attend train11 ing programs in food safety or food animal 

12 medicine. 

13 ‘‘(C) To establish or expand accredited vet14 erinary education programs (including faculty 

15 recruitment and retention), veterinary residency 

16 and fellowship programs, or veterinary intern17 ship and externship programs carried out in co18 ordination with accredited colleges of veterinary 

19 medicine. 

20 ‘‘(D) To provide continuing education and 

21 extension, including veterinary telemedicine and 

22 other distance-based education, for veterinar23 ians, veterinary technicians, and other health 

24 professionals needed to strengthen veterinary 

25 programs and enhance food safety. 


rfrederick on DSK6VPTVN1PROD with BILLS
1015 

•HR 1947 RH

1 ‘‘(E) To provide technical assistance for 

2 the preparation of applications submitted to the 

3 Secretary for designation as a veterinarian 

4 shortage situation under this section or section 

5 1415A. 

6 ‘‘(2) QUALIFIED ENTITIES OPERATING VETERI7 NARY CLINICS.—A qualified entity described in sub8 section (a)(1)(A) may only use funds provided by a 

9 grant awarded under this section to establish or ex10 pand veterinary practices, including— 

11 ‘‘(A) equipping veterinary offices; 

12 ‘‘(B) sharing in the reasonable overhead 

13 costs of such veterinary practices, as deter14 mined by the Secretary; or 

15 ‘‘(C) establishing mobile veterinary facili16 ties in which a portion of the facilities will ad17 dress education or extension needs. 

18 ‘‘(e) SPECIAL REQUIREMENTS FOR CERTAIN

19 GRANTS.— 

20 ‘‘(1) TERMS OF SERVICE REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—Funds provided 

22 through a grant made under this section to a 

23 qualified entity described in subsection 

24 (a)(1)(A) and used by such entity under sub25 section (d)(2) shall be subject to an agreement 


rfrederick on DSK6VPTVN1PROD with BILLS
1016 

•HR 1947 RH

1 between the Secretary and such entity that in2 cludes a required term of service for such entity 

3 (including a qualified entity operating as an in4 dividual), as prospectively established by the 

5 Secretary. 

6 ‘‘(B) CONSIDERATIONS.—In establishing a 

7 term of service under subparagraph (A), the 

8 Secretary shall consider only— 

9 ‘‘(i) the amount of the grant awarded; 

10 and 

11 ‘‘(ii) the specific purpose of the grant. 

12 ‘‘(2) BREACH REMEDIES.— 

13 ‘‘(A) IN GENERAL.—An agreement under 

14 paragraph (1) shall provide remedies for any 

15 breach of the agreement by the qualified entity 

16 referred to in paragraph (1)(A), including re17 payment or partial repayment of the grant 

18 funds, with interest. 

19 ‘‘(B) WAIVER.—The Secretary may grant 

20 a waiver of the repayment obligation for breach 

21 of contract if the Secretary determines that 

22 such qualified entity demonstrates extreme 

23 hardship or extreme need. 


rfrederick on DSK6VPTVN1PROD with BILLS
1017 

•HR 1947 RH

1 ‘‘(C) TREATMENT OF AMOUNTS RECOV2 ERED.—Funds recovered under this paragraph 

3 shall— 

4 ‘‘(i) be credited to the account avail5 able to carry out this section; and 

6 ‘‘(ii) remain available until expended 

7 without further appropriation. 

8 ‘‘(f) PROHIBITION ON USE OF GRANT FUNDS FOR

9 CONSTRUCTION.—Except as provided in subsection (d)(2), 

10 funds made available for grants under this section may 

11 not be used— 

12 ‘‘(1) to construct a new building or facility; or 

13 ‘‘(2) to acquire, expand, remodel, or alter an ex14 isting building or facility, including site grading and 

15 improvement and architect fees. 

16 ‘‘(g) REGULATIONS.—Not later than 1 year after the 

17 date of the enactment of this section, the Secretary shall 

18 promulgate regulations to carry out this section. 

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary to carry 

21 out this section $10,000,000 for fiscal year 2014 and each 

22 fiscal year thereafter, to remain available until ex23 pended.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1018 

•HR 1947 RH

1 SEC. 7105. GRANTS AND FELLOWSHIPS FOR FOOD AND AG2 RICULTURE SCIENCES EDUCATION. 

3 Section 1417(m) of the National Agricultural Re4 search, Extension, and Teaching Policy Act of 1977 (7 

5 U.S.C. 3152(m)) is amended by striking ‘‘section 

6 $60,000,000’’ and all that follows and inserting the fol7 lowing: ‘‘section— 

8 ‘‘(1) $60,000,000 for each of fiscal years 1990 

9 through 2013; and 

10 ‘‘(2) $40,000,000 for each of fiscal years 2014 

11 through 2018.’’. 

12 SEC. 7106. POLICY RESEARCH CENTERS. 

13 Section 1419A of the National Agricultural Research, 

14 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

15 3155) is amended— 

16 (1) in the section heading, by inserting ‘‘AGRI17 CULTURAL AND FOOD’’ before ‘‘POLICY’’; 

18 (2) in subsection (a), in the matter preceding 

19 paragraph (1)— 

20 (A) by striking ‘‘Secretary may’’ and in21 serting ‘‘Secretary shall, acting through the Of22 fice of the Chief Economist,’’; 

23 (B) by striking ‘‘make grants, competitive 

24 grants, and special research grants to, and 

25 enter into cooperative agreements and other 

26 contracting instruments with,’’ and inserting 


rfrederick on DSK6VPTVN1PROD with BILLS
1019 

•HR 1947 RH

1 ‘‘make competitive grants to or enter into coop2 erative agreements with’’; and 

3 (C) by inserting ‘‘with a history of pro4 viding unbiased, nonpartisan economic analysis 

5 to Congress’’ after ‘‘subsection (b)’’; 

6 (3) in subsection (b), by striking ‘‘other re7 search institutions’’ and all that follows through 

8 ‘‘shall be eligible’’ and inserting ‘‘and other public 

9 research institutions and organizations shall be eligi10 ble’’; 

11 (4) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; 

13 (5) by inserting after subsection (b), the fol14 lowing new subsection: 

15 ‘‘(c) PREFERENCE.—In awarding grants under this 

16 section, the Secretary shall give a preference to policy re17 search centers that have extensive databases, models, and 

18 demonstrated experience in providing Congress with agri19 cultural market projections, rural development analysis, 

20 agricultural policy analysis, and baseline projections at the 

21 farm, multiregional, national, and international levels.’’; 

22 and 

23 (6) by striking subsection (e) (as redesignated 

24 by paragraph (4)) and inserting the following new 

25 subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
1020 

•HR 1947 RH

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 ‘‘(1) such sums as are necessary for each of fis5 cal years 1996 through 2013; and 

6 ‘‘(2) $5,000,000 for each of fiscal years 2014 

7 through 2018.’’. 

8 SEC. 7107. REPEAL OF HUMAN NUTRITION INTERVENTION 

9 AND HEALTH PROMOTION RESEARCH PRO10 GRAM. 

11 Effective October 1, 2013, section 1424 of the Na12 tional Agricultural Research, Extension, and Teaching 

13 Policy Act of 1977 (7 U.S.C. 3174) is repealed. 

14 SEC. 7108. REPEAL OF PILOT RESEARCH PROGRAM TO 

15 COMBINE MEDICAL AND AGRICULTURAL RE16 SEARCH. 

17 Effective October 1, 2013, section1424A of the Na18 tional Agricultural Research, Extension, and Teaching 

19 Policy Act of 1977 (7 U.S.C. 3174a) is repealed. 

20 SEC. 7109. NUTRITION EDUCATION PROGRAM. 

21 Section 1425(f) of the National Agricultural Re22 search, Extension, and Teaching Policy Act of 1977 (7 

23 U.S.C. 3175(f)) is amended by striking ‘‘2012’’ and in24 serting ‘‘2018’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1021 

•HR 1947 RH

1 SEC. 7110. CONTINUING ANIMAL HEALTH AND DISEASE RE2 SEARCH PROGRAMS. 

3 Section 1433 of the National Agricultural Research, 

4 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

5 3195) is amended by striking the section designation and 

6 heading and all that follows through subsection (a) and 

7 inserting the following: 

8 ‘‘SEC. 1433. APPROPRIATIONS FOR CONTINUING ANIMAL 

9 HEALTH AND DISEASE RESEARCH PRO10 GRAMS. 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

12 ‘‘(1) IN GENERAL.—There are authorized to be 

13 appropriated to support continuing animal health 

14 and disease research programs at eligible institu15 tions— 

16 ‘‘(A) $25,000,000 for each of fiscal years 

17 1991 through 2013; and 

18 ‘‘(B) $15,000,000 for each of fiscal years 

19 2014 through 2018. 

20 ‘‘(2) USE OF FUNDS.—Funds made available 

21 under this section shall be used— 

22 ‘‘(A) to meet the expenses of conducting 

23 animal health and disease research, publishing 

24 and disseminating the results of such research, 

25 and contributing to the retirement of employees 


rfrederick on DSK6VPTVN1PROD with BILLS
1022 

•HR 1947 RH

1 subject to the Act of March 4, 1940 (7 U.S.C. 

2 331); 

3 ‘‘(B) for administrative planning and di4 rection; and 

5 ‘‘(C) to purchase equipment and supplies 

6 necessary for conducting the research described 

7 in subparagraph (A).’’. 

8 SEC. 7111. REPEAL OF APPROPRIATIONS FOR RESEARCH 

9 ON NATIONAL OR REGIONAL PROBLEMS. 

10 (a) REPEAL.—Effective October 1, 2013, section 

11 1434 of the National Agricultural Research, Extension, 

12 and Teaching Policy Act of 1977 (7 U.S.C. 3196) is re13 pealed. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) MATCHING FUNDS.—Section 1438 of the 

16 National Agricultural Research, Extension, and 

17 Teaching Policy Act of 1977 (7 U.S.C. 3200) is 

18 amended in the first sentence by striking ‘‘, exclusive 

19 of the funds provided for research on specific na20 tional or regional animal health and disease prob21 lems under the provisions of section 1434 of this 

22 title,’’. 

23 (2) AUTHORIZATION OF APPROPRIATIONS FOR

24 EXISTING AND CERTAIN NEW AGRICULTURAL RE25 SEARCH PROGRAMS.—Section 1463(c) of the NaVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1023 

•HR 1947 RH

1 tional Agricultural Research, Extension, and Teach2 ing Policy Act of 1977 (7 U.S.C. 3311(c)) is amend3 ed by striking ‘‘sections 1433 and 1434’’ and insert4 ing ‘‘section 1433’’. 

5 SEC. 7112. GRANTS TO UPGRADE AGRICULTURAL AND 

6 FOOD SCIENCES FACILITIES AT 1890 LAND7 GRANT COLLEGES, INCLUDING TUSKEGEE 

8 UNIVERSITY. 

9 Section 1447(b) of the National Agricultural Re10 search, Extension, and Teaching Policy Act of 1977 (7 

11 U.S.C. 3222b(b)) is amended by striking ‘‘2012’’ and in12 serting ‘‘2018’’. 

13 SEC. 7113. GRANTS TO UPGRADE AGRICULTURE AND FOOD 

14 SCIENCE FACILITIES AND EQUIPMENT AT IN15 SULAR AREA LAND-GRANT INSTITUTIONS. 

16 (a) SUPPORTING TROPICAL AND SUBTROPICAL AGRI17 CULTURAL RESEARCH.— 

18 (1) IN GENERAL.—Section 1447B(a) of the Na19 tional Agricultural Research, Extension, and Teach20 ing Policy Act of 1977 (7 U.S.C. 3222b–2(a)) is 

21 amended to read as follows: 

22 ‘‘(a) PURPOSE.—It is the intent of Congress to assist 

23 the land-grant colleges and universities in the insular 

24 areas in efforts to— 


rfrederick on DSK6VPTVN1PROD with BILLS
1024 

•HR 1947 RH

1 ‘‘(1) acquire, alter, or repair facilities or rel2 evant equipment necessary for conducting agricul3 tural research; and 

4 ‘‘(2) support tropical and subtropical agricul5 tural research, including pest and disease research.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 1447B of the National Agricultural Research, Ex8 tension, and Teaching Policy Act of 1977 (7 U.S.C. 

9 3222b–2) is amended in the heading— 

10 (A) by inserting ‘‘AND SUPPORT TROP11 ICAL AND SUBTROPICAL AGRICULTURAL

12 RESEARCH’’ after ‘‘EQUIPMENT’’; and 

13 (B) by striking ‘‘INSTITUTIONS’’ and in14 serting ‘‘COLLEGES AND UNIVERSITIES’’. 

15 (b) EXTENSION.—Section 1447B(d) of the National 

16 Agricultural Research, Extension, and Teaching Policy 

17 Act of 1977 (7 U.S.C. 3222b–2(d)) is amended by striking 

18 ‘‘2012’’ and inserting ‘‘2018’’. 

19 SEC. 7114. REPEAL OF NATIONAL RESEARCH AND TRAIN20 ING VIRTUAL CENTERS. 

21 Effective October 1, 2013, section 1448 of the Na22 tional Agricultural Research, Extension, and Teaching 

23 Policy Act of 1977 (7 U.S.C. 3222c) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1025 

•HR 1947 RH

1 SEC. 7115. HISPANIC-SERVING INSTITUTIONS. 

2 Section 1455(c) of the National Agricultural Re3 search, Extension, and Teaching Policy Act of 1977 (7 

4 U.S.C. 3241(c)) is amended by striking ‘‘2012’’ and in5 serting ‘‘2018’’. 

6 SEC. 7116. COMPETITIVE GRANTS PROGRAM FOR HISPANIC 

7 AGRICULTURAL WORKERS AND YOUTH. 

8 Section 1456(e)(1) of the National Agricultural Re9 search, Extension, and Teaching Policy Act of 1977 (7 

10 U.S.C. 3243(e)(1)) is amended to read as follows: 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish a competitive grants program— 

13 ‘‘(A) to fund fundamental and applied re14 search and extension at Hispanic-serving agri15 cultural colleges and universities in agriculture, 

16 human nutrition, food science, bioenergy, and 

17 environmental science; and 

18 ‘‘(B) to award competitive grants to His19 panic-serving agricultural colleges and univer20 sities to provide for training in the food and ag21 ricultural sciences of Hispanic agricultural 

22 workers and Hispanic youth working in the 

23 food and agricultural sciences.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1026 

•HR 1947 RH

1 SEC. 7117. COMPETITIVE GRANTS FOR INTERNATIONAL AG2 RICULTURAL SCIENCE AND EDUCATION PRO3 GRAMS. 

4 Section 1459A(c) of the National Agricultural Re5 search, Extension, and Teaching Policy Act of 1977 (7 

6 U.S.C. 3292b(c)) is amended to read as follows: 

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this sec9 tion— 

10 ‘‘(1) such sums as are necessary for each of fis11 cal years 1999 through 2013; and 

12 ‘‘(2) $5,000,000 for each of fiscal years 2014 

13 through 2018.’’. 

14 SEC. 7118. REPEAL OF RESEARCH EQUIPMENT GRANTS. 

15 Effective October 1, 2013, section 1462A of the Na16 tional Agricultural Research, Extension, and Teaching 

17 Policy Act of 1977 (7 U.S.C. 3310a) is repealed. 

18 SEC. 7119. UNIVERSITY RESEARCH. 

19 Section 1463 of the National Agricultural Research, 

20 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

21 3311) is amended in both of subsections (a) and (b) by 

22 striking ‘‘2012’’ and inserting ‘‘2018’’. 

23 SEC. 7120. EXTENSION SERVICE. 

24 Section 1464 of the National Agricultural Research, 

25 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
1027 

•HR 1947 RH

1 3312) is amended by striking ‘‘2012’’ and inserting 

2 ‘‘2018’’. 

3 SEC. 7121. AUDITING, REPORTING, BOOKKEEPING, AND AD4 MINISTRATIVE REQUIREMENTS. 

5 Section 1469 of the National Agricultural Research, 

6 Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

7 3315) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (2), by adding ‘‘and’’ at 

10 the end; 

11 (B) by striking paragraph (3); and 

12 (C) by redesignating paragraph (4) as 

13 paragraph (3); 

14 (2) by redesignating subsections (b), (c), and 

15 (d) as subsections (d), (e), and (f), respectively; and 

16 (3) by inserting after subsection (a) the fol17 lowing new subsections: 

18 ‘‘(b) ADMINISTRATIVE EXPENSES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) and notwithstanding any other provision 

21 of law, the Secretary may retain not more than 4 

22 percent of amounts made available for agricultural 

23 research, extension, and teaching assistance pro24 grams for the administration of those programs au25 thorized under this Act or any other Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
1028 

•HR 1947 RH

1 ‘‘(2) EXCEPTIONS.—The limitation on adminis2 trative expenses under paragraph (1) shall not apply 

3 to peer panel expenses under subsection (d) or any 

4 other provision of law related to the administration 

5 of agricultural research, extension, and teaching as6 sistance programs that contains a limitation on ad7 ministrative expenses that is less than the limitation 

8 under paragraph (1). 

9 ‘‘(c) AGREEMENTS WITH NON-FEDERAL ENTI10 TIES.— 

11 ‘‘(1) FORMER AGRICULTURAL RESEARCH FA12 CILITIES OF THE DEPARTMENT.—To the maximum 

13 extent practicable, the Secretary, for purposes of 

14 supporting ongoing research and information dis15 semination activities, including supporting research 

16 and those activities through co-locating scientists 

17 and other technical personnel, sharing of laboratory 

18 and field equipment, and providing financial sup19 port, shall enter into grants, contracts, cooperative 

20 agreements, or other legal instruments with former 

21 Department of Agriculture agricultural research fa22 cilities. 

23 ‘‘(2) AGREEMENTS WITH AGRICULTURAL RE24 SEARCH ORGANIZATIONS.—The Secretary, for pur25 poses of receiving from a non-Federal agricultural 


rfrederick on DSK6VPTVN1PROD with BILLS
1029 

•HR 1947 RH

1 research organization support for agricultural re2 search, including staffing, laboratory and field equip3 ment, or direct financial assistance, may enter into 

4 grants, contracts, cooperative agreements, or other 

5 legal instruments with an agricultural research orga6 nization, the operation of which is consistent with 

7 the research mission and programs of an agricul8 tural research facility of the Department of Agri9 culture.’’. 

10 SEC. 7122. SUPPLEMENTAL AND ALTERNATIVE CROPS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS AND TER12 MINATION.—Section 1473D of the National Agricultural 

13 Research, Extension, and Teaching Policy Act of 1977 (7 

14 U.S.C. 3319d) is amended— 

15 (1) in subsection (a), by striking ‘‘2012’’ and 

16 inserting ‘‘2018’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(e) There are authorized to be appropriated to carry 

20 out this section— 

21 ‘‘(1) such sums as are necessary for fiscal year 

22 2013; and 

23 ‘‘(2) $1,000,000 for each of fiscal years 2014 

24 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1030 

•HR 1947 RH

1 (b) COMPETITIVE GRANTS.—Section 1473D(c)(1) of 

2 the National Agricultural Research, Extension, and 

3 Teaching Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is 

4 amended by striking ‘‘use such research funding, special 

5 or competitive grants, or other means, as the Secretary 

6 determines,’’ and inserting ‘‘make competitive grants’’. 

7 SEC. 7123. CAPACITY BUILDING GRANTS FOR NLGCA INSTI8 TUTIONS. 

9 Section 1473F(b) of the National Agricultural Re10 search, Extension, and Teaching Policy Act of 1977 (7 

11 U.S.C. 3319i(b)) is amended by striking ‘‘2012’’ and in12 serting ‘‘2018’’. 

13 SEC. 7124. AQUACULTURE ASSISTANCE PROGRAMS. 

14 (a) COMPETITIVE GRANTS.—Section 1475(b) of the 

15 National Agricultural Research, Extension, and Teaching 

16 Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the 

17 matter preceding paragraph (1), by inserting ‘‘competi18 tive’’ before ‘‘grants’’. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 1477 of the National Agricultural Research, Extension, 

21 and Teaching Policy Act of 1977 (7 U.S.C. 3324) is 

22 amended to read as follows: 

23 ‘‘SEC. 1477. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There are authorized to be ap25 propriated to carry out this subtitle— 


rfrederick on DSK6VPTVN1PROD with BILLS
1031 

•HR 1947 RH

1 ‘‘(1) $7,500,000 for each of fiscal years 1991 

2 through 2013; and 

3 ‘‘(2) $5,000,000 for each of fiscal years 2014 

4 through 2018. 

5 ‘‘(b) PROHIBITION ON USE.—Funds made available 

6 under this section may not be used to acquire or construct 

7 a building.’’. 

8 SEC. 7125. RANGELAND RESEARCH PROGRAMS. 

9 Section 1483(a) of the National Agricultural Re10 search, Extension, and Teaching Policy Act of 1977 (7 

11 U.S.C. 3336(a)) is amended by striking ‘‘subtitle’’ and all 

12 that follows and inserting the following: ‘‘subtitle— 

13 ‘‘(1) $10,000,000 for each of fiscal years 1991 

14 through 2013; and 

15 ‘‘(2) $2,000,000 for each of fiscal years 2014 

16 through 2018.’’. 

17 SEC. 7126. SPECIAL AUTHORIZATION FOR BIOSECURITY 

18 PLANNING AND RESPONSE. 

19 Section 1484(a) of the National Agricultural Re20 search, Extension, and Teaching Policy Act of 1977 (7 

21 U.S.C. 3351(a)) is amended by striking ‘‘response such 

22 sums as are necessary’’ and all that follows and inserting 

23 the following: ‘‘response— 

24 ‘‘(1) such sums as are necessary for each of fis25 cal years 2002 through 2013; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1032 

•HR 1947 RH

1 ‘‘(2) $10,000,000 for each of fiscal years 2014 

2 through 2018.’’. 

3 SEC. 7127. DISTANCE EDUCATION AND RESIDENT INSTRUC4 TION GRANTS PROGRAM FOR INSULAR AREA 

5 INSTITUTIONS OF HIGHER EDUCATION. 

6 (a) DISTANCE EDUCATION GRANTS FOR INSULAR

7 AREAS.— 

8 (1) COMPETITIVE GRANTS.—Section 1490(a) of 

9 the National Agricultural Research, Extension, and 

10 Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is 

11 amended by striking ‘‘or noncompetitive’’. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 Section 1490(f) of the National Agricultural Re14 search, Extension, and Teaching Policy Act of 1977 

15 (7 U.S.C. 3362(f)) is amended by striking ‘‘section’’ 

16 and all that follows and inserting the following: ‘‘sec17 tion— 

18 ‘‘(1) such sums as are necessary for each of fis19 cal years 2002 through 2013; and 

20 ‘‘(2) $2,000,000 for each of fiscal years 2014 

21 through 2018.’’. 

22 (b) RESIDENT INSTRUCTION GRANTS FOR INSULAR

23 AREAS.—Section 1491(c) of the National Agricultural Re24 search, Extension, and Teaching Policy Act of 1977 (7 

25 U.S.C. 3363(c)) is amended by striking ‘‘such sums as 


rfrederick on DSK6VPTVN1PROD with BILLS
1033 

•HR 1947 RH

1 are necessary’’ and all that follows and inserting the fol2 lowing: ‘‘to carry out this section— 

3 ‘‘(1) such sums as are necessary for each of fis4 cal years 2002 through 2013; and 

5 ‘‘(2) $2,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 SEC. 7128. MATCHING FUNDS REQUIREMENT. 

8 (a) IN GENERAL.—The National Agricultural Re9 search, Extension, and Teaching Policy Act of 1977 (7 

10 U.S.C. 3101 et seq.) is amended by adding at the end 

11 the following new subtitle: 

12 ‘‘Subtitle P—General Provisions 

13 ‘‘SEC. 1492. MATCHING FUNDS REQUIREMENT. 

14 ‘‘(a) IN GENERAL.—The recipient of a competitive 

15 grant that is awarded by the Secretary under a covered 

16 law shall provide funds, in-kind contributions, or a com17 bination of both, from sources other than funds provided 

18 through such grant in an amount at least equal to the 

19 amount of such grant. 

20 ‘‘(b) EXCEPTION.—The matching funds requirement 

21 under subsection (a) shall not apply to grants awarded— 

22 ‘‘(1) to a research agency of the Department of 

23 Agriculture; 

24 ‘‘(2) to an entity eligible to receive funds under 

25 a capacity and infrastructure program (as defined in 


rfrederick on DSK6VPTVN1PROD with BILLS
1034 

•HR 1947 RH

1 section 251(f)(1)(C) of the Department of Agri2 culture Reorganization Act of 1994 (7 U.S.C. 

3 6971(f)(1)(C))), including a partner of such entity. 

4 ‘‘(c) COVERED LAW.—In this section, the term ‘cov5 ered law’ means each of the following provisions of law: 

6 ‘‘(1) This title. 

7 ‘‘(2) Title XVI of the Food, Agriculture, Con8 servation, and Trade Act of 1990 (7 U.S.C. 5801 et 

9 seq.). 

10 ‘‘(3) The Agricultural Research, Extension, and 

11 Education Reform Act of 1998 (7 U.S.C. 7601 et 

12 seq.). 

13 ‘‘(4) Part III of subtitle E of title VII of the 

14 Food, Conservation, and Energy Act of 2008 (7 

15 U.S.C. 3202 et seq.). 

16 ‘‘(5) The Competitive, Special, and Facilities 

17 Research Grant Act (7 U.S.C. 450i).’’. 

18 (b) CONFORMING AMENDMENT.—Paragraph (9) of 

19 subsection (b) of the Competitive, Special, and Facilities 

20 Research Grant Act (7 U.S.C. 450i(b)) is amended— 

21 (1) by striking subparagraph (B); 

22 (2) in the heading, by inserting ‘‘FOR EQUIP23 MENT GRANTS’’ after ‘‘FUNDS’’; 

24 (3) by striking ‘‘(A) EQUIPMENT GRANTS.—’’; 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
1035 

•HR 1947 RH

1 (4) by redesignating clauses (i) and (ii) as sub2 paragraphs (A) and (B), respectively, and moving 

3 the margins of such subparagraphs two ems to the 

4 left. 

5 (c) APPLICATION TO AMENDMENTS.— 

6 (1) NEW GRANTS.—Section 1492 of the Na7 tional Agricultural, Research, Extension, and Teach8 ing Policy Act of 1977, as added by subsection (a), 

9 shall apply with respect to grants described in such 

10 section awarded after October 1, 2013, unless the 

11 provision of a covered law under which such grants 

12 are awarded specifically exempts such grants from 

13 the matching funds requirement under such section. 

14 (2) EXISTING GRANTS.—A matching funds re15 quirement in effect on or before October 1, 2013, 

16 under a covered law shall continue to apply to a 

17 grant awarded under such provision of law on or be18 fore that date. 

19 Subtitle B—Food, Agriculture, Con20 servation, and Trade Act of 1990 

21 SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICA22 TIONS. 

23 Section 1624 of the Food, Agriculture, Conservation, 

24 and Trade Act of 1990 (7 U.S.C. 5814) is amended in 

25 the first sentence— 


rfrederick on DSK6VPTVN1PROD with BILLS
1036 

•HR 1947 RH

1 (1) by striking ‘‘$40,000,000 for each fiscal 

2 year’’; and 

3 (2) by inserting ‘‘$40,000,000 for each of fiscal 

4 years 2013 through 2018’’ after ‘‘chapter’’. 

5 SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS. 

6 Section 1627(d) of the Food, Agriculture, Conserva7 tion, and Trade Act of 1990 (7 U.S.C. 5821(d)) is amend8 ed to read as follows: 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 through the National Institute of Food and Agriculture 

12 $20,000,000 for each of fiscal years 2013 through 2018.’’. 

13 SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DE14 VELOPMENT AND TRANSFER PROGRAM. 

15 Section 1628(f) of the Food, Agriculture, Conserva16 tion, and Trade Act of 1990 (7 U.S.C. 5831(f)) is amend17 ed to read as follows: 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this sec20 tion— 

21 ‘‘(1) such sums as are necessary for fiscal year 

22 2013; and 

23 ‘‘(2) $5,000,000 for each of fiscal years 2014 

24 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1037 

•HR 1947 RH

1 SEC. 7204. NATIONAL TRAINING PROGRAM. 

2 Section 1629(i) of the Food, Agriculture, Conserva3 tion, and Trade Act of 1990 (7 U.S.C. 5832(i)) is amend4 ed to read as follows: 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out the Na7 tional Training Program $20,000,000 for each of fiscal 

8 years 2013 through 2018.’’. 

9 SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM. 

10 Section 1635(b) of the Food, Agriculture, Conserva11 tion, and Trade Act of 1990 (7 U.S.C. 5844(b)) is amend12 ed— 

13 (1) by striking ‘‘such funds as may be nec14 essary’’; and 

15 (2) by striking ‘‘subtitle’’ and all that follows 

16 and inserting the following: ‘‘subtitle— 

17 ‘‘(1) such sums as are necessary for each of fis18 cal years 1991 through 2013; and 

19 ‘‘(2) $1,000,000 for each of fiscal years 2014 

20 through 2018.’’. 

21 SEC. 7206. REPEAL OF NATIONAL AGRICULTURAL WEATH22 ER INFORMATION SYSTEM. 

23 Effective October 1, 2013, subtitle D of title XVI of 

24 the Food, Agriculture, Conservation, and Trade Act of 

25 1990 (7 U.S.C. 5851 et seq.) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1038 

•HR 1947 RH

1 SEC. 7207. REPEAL OF RURAL ELECTRONIC COMMERCE EX2 TENSION PROGRAM. 

3 Effective October 1, 2013, section 1670 of the Food, 

4 Agriculture, Conservation, and Trade Act of 1990 (7 

5 U.S.C. 5923) is repealed. 

6 SEC. 7208. REPEAL OF AGRICULTURAL GENOME INITIA7 TIVE. 

8 Effective October 1, 2013, section 1671 of the Food, 

9 Agriculture, Conservation, and Trade Act of 1990 (7 

10 U.S.C. 5924) is repealed. 

11 SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INI12 TIATIVES. 

13 Section 1672 of the Food, Agriculture, Conservation, 

14 and Trade Act of 1990 (7 U.S.C. 5925) is amended— 

15 (1) in the first sentence of subsection (a), by 

16 striking ‘‘subsections (e) through (i)’’ and inserting 

17 ‘‘subsections (e) and (f)’’; 

18 (2) in subsection (b)(2), in the first sentence, 

19 by striking ‘‘subsections (e) through (i)’’ and insert20 ing ‘‘subsections (e) and (f)’’; 

21 (3) by striking subsections (e), (f), and (i); 

22 (4) by redesignating subsections (g), (h), and 

23 (j) as subsections (e), (f), and (g), respectively; 

24 (5) in subsection (f) (as redesignated by para25 graph (4))— 


rfrederick on DSK6VPTVN1PROD with BILLS
1039 

•HR 1947 RH

1 (A) by striking ‘‘2012’’ each place it ap2 pears in paragraphs (1)(B), (2)(B), and (3) 

3 and inserting ‘‘2018’’; and 

4 (B) in paragraph (4)— 

5 (i) in subparagraph (A), by inserting 

6 ‘‘and honey bee health disorders’’ after 

7 ‘‘collapse’’; and 

8 (ii) in subparagraph (B), by inserting 

9 ‘‘, including best management practices’’ 

10 after ‘‘strategies’’; and 

11 (6) in subsection (g) (as redesignated by para12 graph (4)), by striking ‘‘2012’’ and inserting 

13 ‘‘2018’’. 

14 SEC. 7210. REPEAL OF NUTRIENT MANAGEMENT RESEARCH 

15 AND EXTENSION INITIATIVE. 

16 Effective October 1, 2013, section 1672A of the 

17 Food, Agriculture, Conservation, and Trade Act of 1990 

18 (7 U.S.C. 5925a) is repealed. 

19 SEC. 7211. ORGANIC AGRICULTURE RESEARCH AND EXTEN20 SION INITIATIVE. 

21 Section 1672B of the Food, Agriculture, Conserva22 tion, and Trade Act of 1990 (7 U.S.C. 5925b) is amend23 ed— 

24 (1) by striking subsection (e) and inserting the 

25 following new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
1040 

•HR 1947 RH

1 ‘‘(e) FARM BUSINESS MANAGEMENT ENCOUR2 AGED.—Following the completion of a peer review process 

3 for grant proposals received under this section, the Sec4 retary shall give a priority to grant proposals found in the 

5 review process to be scientifically meritorious using the 

6 same criteria the Secretary uses to give priority to grants 

7 under section 1672D(b).’’; and 

8 (2) in subsection (f)— 

9 (A) in paragraph (1)— 

10 (i) in the heading of such paragraph, 

11 by striking ‘‘2012’’ and inserting ‘‘2018’’; 

12 (ii) in subparagraph (A), by striking 

13 ‘‘and’’ at the end; 

14 (iii) in subparagraph (B), by striking 

15 the period at the end and inserting ‘‘; 

16 and’’; and 

17 (iv) by adding at the end the following 

18 new subparagraph: 

19 ‘‘(C) $20,000,000 for each of fiscal years 

20 2014 through 2018.’’; and 

21 (B) in paragraph (2)— 

22 (i) in the heading of such paragraph, 

23 by striking ‘‘2012’’ and inserting ‘‘2018’’; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
1041 

•HR 1947 RH

1 (ii) by striking ‘‘2012’’ and inserting 

2 ‘‘2018’’. 

3 SEC. 7212. REPEAL OF AGRICULTURAL BIOENERGY FEED4 STOCK AND ENERGY EFFICIENCY RESEARCH 

5 AND EXTENSION INITIATIVE. 

6 (a) REPEAL.—Effective October 1, 2013, section 

7 1672C of the Food, Agriculture, Conservation, and Trade 

8 Act of 1990 (7 U.S.C. 5925e) is repealed. 

9 (b) CONFORMING AMENDMENT.—Section 

10 251(f)(1)(D) of the Department of Agriculture Reorga11 nization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amend12 ed— 

13 (1) by striking clause (xi); and 

14 (2) by redesignating clauses (xii) and (xiii) as 

15 clauses (xi) and (xii), respectively. 

16 SEC. 7213. FARM BUSINESS MANAGEMENT. 

17 Section 1672D(d) of the Food, Agriculture, Con18 servation, and Trade Act of 1990 (7 U.S.C. 5925f(d)) is 

19 amended by striking ‘‘such sums as are necessary to carry 

20 out this section.’’ and inserting the following: ‘‘to carry 

21 out this section— 

22 ‘‘(1) such sums as are necessary for fiscal year 

23 2013; and 

24 ‘‘(2) $5,000,000 for each of fiscal years 2014 

25 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1042 

•HR 1947 RH

1 SEC. 7214. CENTERS OF EXCELLENCE. 

2 The Food, Agriculture, Conservation, and Trade Act 

3 of 1990 is amended by inserting after section 1672D (7 

4 U.S.C. 5925f) the following new section: 

5 ‘‘SEC. 1673. CENTERS OF EXCELLENCE. 

6 ‘‘(a) FUNDING PRIORITIES.—The Secretary shall 

7 prioritize centers of excellence established for specific agri8 cultural commodities for the receipt of funding for any 

9 competitive research or extension program administered 

10 by the Secretary. 

11 ‘‘(b) COMPOSITION.—A center of excellence is com12 posed of 1 or more of the eligible entities specified in sub13 section (b)(7) of the Competitive, Special, and Facilities 

14 Research Grant Act (7 U.S.C. 450i(b)(7)) that provide fi15 nancial or in-kind support to the center of excellence. 

16 ‘‘(c) CRITERIA FOR CENTERS OF EXCELLENCE.— 

17 ‘‘(1) REQUIRED EFFORTS.—The criteria for 

18 consideration to be recognized as a center of excel19 lence shall include efforts— 

20 ‘‘(A) to ensure coordination and cost effec21 tiveness by reducing unnecessarily duplicative 

22 efforts regarding research, teaching, and exten23 sion; 

24 ‘‘(B) to leverage available resources by 

25 using public/private partnerships among agriVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1043 

•HR 1947 RH

1 cultural industry groups, institutions of higher 

2 education, and the Federal Government; 

3 ‘‘(C) to implement teaching initiatives to 

4 increase awareness and effectively disseminate 

5 solutions to target audiences through extension 

6 activities; and 

7 ‘‘(D) to increase the economic returns to 

8 rural communities by identifying, attracting, 

9 and directing funds to high-priority agricultural 

10 issues. 

11 ‘‘(2) ADDITIONAL EFFORTS.—Where prac12 ticable, the criteria for consideration to be recog13 nized as a center of excellence shall include efforts 

14 to improve teaching capacity and infrastructure at 

15 colleges and universities (including land-grant insti16 tutions, schools of forestry, schools of veterinary 

17 medicine, and NLGCA Institutions).’’. 

18 SEC. 7215. REPEAL OF RED MEAT SAFETY RESEARCH CEN19 TER. 

20 Effective October 1, 2013, section 1676 of the Food, 

21 Agriculture, Conservation, and Trade Act of 1990 (7 

22 U.S.C. 5929) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1044 

•HR 1947 RH

1 SEC. 7216. ASSISTIVE TECHNOLOGY PROGRAM FOR FARM2 ERS WITH DISABILITIES. 

3 Section 1680(c)(1) of the Food, Agriculture, Con4 servation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) 

5 is amended— 

6 (1) by striking ‘‘is’’ and inserting ‘‘are’’; and 

7 (2) by striking ‘‘section’’ and all that follows 

8 and inserting the following: ‘‘section— 

9 ‘‘(A) $6,000,000 for each of fiscal years 

10 1999 through 2013; and 

11 ‘‘(B) $3,000,000 for each of fiscal years 

12 2014 through 2018.’’. 

13 SEC. 7217. NATIONAL RURAL INFORMATION CENTER 

14 CLEARINGHOUSE. 

15 Section 2381(e) of the Food, Agriculture, Conserva16 tion, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is 

17 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

18 Subtitle C—Agricultural Research, 

19 Extension, and Education Re20 form Act of 1998 

21 SEC. 7301. RELEVANCE AND MERIT OF AGRICULTURAL RE22 SEARCH, EXTENSION, AND EDUCATION FUND23 ED BY THE DEPARTMENT. 

24 Section 103(a)(2) of the Agricultural Research, Ex25 tension, and Education Reform Act of 1998 (7 U.S.C. 

26 7613(a)(2)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1045 

•HR 1947 RH

1 (1) in the heading by striking ‘‘MERIT REVIEW

2 OF EXTENSION’’ and inserting ‘‘RELEVANCE AND

3 MERIT REVIEW OF RESEARCH, EXTENSION,’’; 

4 (2) in subparagraph (A)— 

5 (A) by inserting ‘‘relevance and’’ before 

6 ‘‘merit’’; and 

7 (B) by striking ‘‘extension or education’’ 

8 and inserting ‘‘research, extension, or edu9 cation’’; and 

10 (3) in subparagraph (B), by inserting ‘‘on a 

11 continuous basis’’ after ‘‘procedures’’. 

12 SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EX13 TENSION COMPETITIVE GRANTS PROGRAM. 

14 Section 406(f) of the Agricultural Research, Exten15 sion, and Education Reform Act of 1998 (7 U.S.C. 

16 7626(f)) is amended by striking ‘‘2012’’ and inserting 

17 ‘‘2018’’. 

18 SEC. 7303. REPEAL OF COORDINATED PROGRAM OF RE19 SEARCH, EXTENSION, AND EDUCATION TO IM20 PROVE VIABILITY OF SMALL AND MEDIUM 

21 SIZE DAIRY, LIVESTOCK, AND POULTRY OP22 ERATIONS. 

23 (a) REPEAL.—Effective October 1, 2013, section 407 

24 of the Agricultural Research, Extension, and Education 

25 Reform Act of 1998 (7 U.S.C. 7627) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1046 

•HR 1947 RH

1 (b) CONFORMING AMENDMENT.—Section 

2 251(f)(1)(D) of the Department of Agriculture Reorga3 nization Act of 1994 (7 U.S.C. 6971(f)(1)(D)), as amend4 ed by section 7212(b), is further amended— 

5 (1) by striking clause (xi) (as redesignated by 

6 section 7212(b)); and 

7 (2) by redesignating clause (xii) (as redesig8 nated by section 7212(b)) as clause (xi). 

9 SEC. 7304. FUSARIUM GRAMINEARUM GRANTS. 

10 Section 408(e) of the Agricultural Research, Exten11 sion, and Education Reform Act of 1998 (7 U.S.C. 

12 7628(e)) is amended to read as follows: 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this sec15 tion— 

16 ‘‘(1) such sums as may be necessary for each 

17 of fiscal years 1999 through 2013; and 

18 ‘‘(2) $7,500,000 for each of fiscal years 2014 

19 through 2018.’’. 

20 SEC. 7305. REPEAL OF BOVINE JOHNE’S DISEASE CONTROL 

21 PROGRAM. 

22 Effective October 1, 2013, section 409 of the Agricul23 tural Research, Extension, and Education Reform Act of 

24 1998 (7 U.S.C. 7629) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1047 

•HR 1947 RH

1 SEC. 7306. GRANTS FOR YOUTH ORGANIZATIONS. 

2 Section 410(d) of the Agricultural Research, Exten3 sion, and Education Reform Act of 1998 (7 U.S.C. 

4 7630(d)) is amended by striking ‘‘section such sums as 

5 are necessary’’ and all that follows and inserting the fol6 lowing: ‘‘section— 

7 ‘‘(1) such sums as are necessary for each of fis8 cal years 2008 through 2013; and 

9 ‘‘(2) $3,000,000 for each of fiscal years 2014 

10 through 2018.’’. 

11 SEC. 7307. SPECIALTY CROP RESEARCH INITIATIVE. 

12 Section 412 of the Agricultural Research, Extension, 

13 and Education Reform Act of 1998 (7 U.S.C. 7632) is 

14 amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1), by striking ‘‘and 

17 genomics’’ and inserting ‘‘genomics, and other 

18 methods’’; and 

19 (B) in paragraph (3), by inserting ‘‘han20 dling and processing,’’ after ‘‘production effi21 ciency,’’; 

22 (2) by striking subsection (d) and inserting the 

23 following new subsection: 

24 ‘‘(d) RESEARCH PROJECTS.—In carrying out this 

25 section, the Secretary shall award competitive grants on 

26 the basis of— 


rfrederick on DSK6VPTVN1PROD with BILLS
1048 

•HR 1947 RH

1 ‘‘(1) an initial scientific peer review conducted 

2 by a panel of subject matter experts from Federal 

3 agencies, non-Federal entities, and the specialty crop 

4 industry; and 

5 ‘‘(2) a final funding determination made by the 

6 Secretary based on a review and ranking for merit, 

7 relevance, and impact conducted by a panel of spe8 cialty crop industry representatives for the specific 

9 specialty crop.’’; and 

10 (3) in subsection (h)— 

11 (A) in paragraph (1)— 

12 (i) in the heading, by striking ‘‘(1) 

13 MANDATORY FUNDING FOR FISCAL YEARS

14 2008 THROUGH 2012.—Of the funds’’ and 

15 inserting the following: 

16 ‘‘(1) MANDATORY FUNDING.— 

17 ‘‘(A) FISCAL YEARS 2008 THROUGH 2012.— 

18 Of the funds’’; and 

19 (ii) by adding at the end the following 

20 new subparagraph: 

21 ‘‘(B) SUBSEQUENT FUNDING.—Of the 

22 funds of the Commodity Credit Corporation, the 

23 Secretary shall make available to carry out this 

24 section— 


rfrederick on DSK6VPTVN1PROD with BILLS
1049 

•HR 1947 RH

1 ‘‘(i) $50,000,000 for fiscal years 2014 

2 and 2015; 

3 ‘‘(ii) $55,000,000 for fiscal years 

4 2016 and 2017; and 

5 ‘‘(iii) $65,000,000 for fiscal year 2018 

6 and each fiscal year thereafter.’’; and 

7 (B) in paragraph (2), by striking ‘‘2012’’ 

8 and inserting ‘‘2018’’. 

9 SEC. 7308. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE 

10 PROGRAM. 

11 Section 604(e) of the Agricultural Research, Exten12 sion, and Education Reform Act of 1998 (7 U.S.C. 

13 7642(e)) is amended by striking ‘‘2012’’ and inserting 

14 ‘‘2018’’. 

15 SEC. 7309. REPEAL OF NATIONAL SWINE RESEARCH CEN16 TER. 

17 Effective October 1, 2013, section 612 of the Agricul18 tural Research, Extension, and Education Reform Act of 

19 1998 (Public Law 105–185; 112 Stat. 605) is repealed. 

20 SEC. 7310. OFFICE OF PEST MANAGEMENT POLICY. 

21 Section 614(f) of the Agricultural Research, Exten22 sion, and Education Reform Act of 1998 (7 U.S.C. 

23 7653(f)) is amended— 

24 (1) by striking ‘‘such sums as are necessary’’; 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
1050 

•HR 1947 RH

1 (2) by striking ‘‘section’’ and all that follows 

2 and inserting the following: ‘‘section— 

3 ‘‘(1) such sums as are necessary for each of fis4 cal years 1999 through 2013; and 

5 ‘‘(2) $3,000,000 for each of fiscal years 2014 

6 through 2018.’’. 

7 SEC. 7311. REPEAL OF STUDIES OF AGRICULTURAL RE8 SEARCH, EXTENSION, AND EDUCATION. 

9 Effective October 1, 2013, subtitle C of title VI of 

10 the Agricultural Research, Extension, and Education Re11 form Act of 1998 (7 U.S.C. 7671 et seq.) is repealed. 

12 Subtitle D—Other Laws 

13 SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT. 

14 Section 16(a) of the Critical Agricultural Materials 

15 Act (7 U.S.C. 178n(a)) is amended— 

16 (1) by striking ‘‘such sums as are necessary’’; 

17 and 

18 (2) by striking ‘‘Act’’ and all that follows and 

19 inserting the following: ‘‘Act— 

20 ‘‘(1) such sums as are necessary for each of fis21 cal years 1991 through 2013; and 

22 ‘‘(2) $2,000,000 for each of fiscal years 2014 

23 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1051 

•HR 1947 RH

1 SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS 

2 ACT OF 1994. 

3 (a) DEFINITION OF 1994 INSTITUTIONS.—Section 

4 532 of the Equity in Educational Land-Grant Status Act 

5 of 1994 (7 U.S.C. 301 note; Public Law 103–382) is 

6 amended— 

7 (1) in paragraph (8), by striking ‘‘Memorial’’; 

8 (2) in paragraph (26), by striking ‘‘Commu9 nity’’; 

10 (3) by striking paragraphs (5), (10), and (27); 

11 (4) by redesignating paragraphs (1), (2), (3), 

12 (4), (6), (7), (8), (9), (14), (15), (16), (17), (18), 

13 (19), (20), (21), (22), (23), (24), (25), (26), (28), 

14 (29), (30), (31), (32), (33), and (34) as paragraphs 

15 (2), (3), (4), (7), (8), (9), (5), (10), (15), (17), (18), 

16 (19), (20), (22), (23), (24), (25), (32), (26), (27), 

17 (28), (29), (30), (31), (33), (34), (35), and (14), re18 spectively, and transferring the paragraphs so as to 

19 appear in numerical order; 

20 (5) by inserting before paragraph (2) (as so re21 designated), the following new paragraph: 

22 ‘‘(1) Aaniih Nakoda College.’’; 

23 (6) by inserting after paragraph (5) (as so re24 designated), the following new paragraph: 

25 ‘‘(6) College of the Muscogee Nation.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1052 

•HR 1947 RH

1 (7) by inserting after paragraph (15) (as so re2 designated) the following new paragraph: 

3 ‘‘(16) Keweenaw Bay Ojibwa Community Col4 lege.’’; and 

5 (8) by inserting after paragraph (20) (as so re6 designated) the following new paragraph: 

7 ‘‘(21) Navajo Technical College.’’. 

8 (b) ENDOWMENT FOR 1994 INSTITUTIONS.—Section 

9 533(b) of the Equity in Educational Land-Grant Status 

10 Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) 

11 is amended in the first sentence by striking ‘‘2012’’ and 

12 inserting ‘‘2018’’. 

13 (c) INSTITUTIONAL CAPACITY BUILDING GRANTS.— 

14 Section 535 of the Equity in Educational Land-Grant Sta15 tus Act of 1994 (7 U.S.C. 301 note; Public Law 103– 

16 382) is amended by striking ‘‘2012’’ each place it appears 

17 in subsections (b)(1) and (c) and inserting ‘‘2018’’. 

18 (d) RESEARCH GRANTS.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS.— 

20 Section 536(c) of the Equity in Educational Land21 Grant Status Act of 1994 (7 U.S.C. 301 note; Pub22 lic Law 103–382) is amended in the first sentence 

23 by striking ‘‘2012’’ and inserting ‘‘2018’’. 

24 (2) RESEARCH GRANT REQUIREMENTS.—Sec25 tion 536(b) of the Equity in Educational LandVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1053 

•HR 1947 RH

1 Grant Status Act of 1994 (7 U.S.C. 301 note; Pub2 lic Law 103–382) is amended by striking ‘‘with at 

3 least 1 other land-grant college or university’’ and 

4 all that follows and inserting the following: ‘‘with— 

5 ‘‘(1) the Agricultural Research Service of the 

6 Department of Agriculture; or 

7 ‘‘(2) at least 1— 

8 ‘‘(A) other land-grant college or university 

9 (exclusive of another 1994 Institution); 

10 ‘‘(B) non-land-grant college of agriculture 

11 (as defined in section 1404 of the National Ag12 ricultural Research, Extension, and Teaching 

13 Policy Act of 1977 (7 U.S.C. 3103)); or 

14 ‘‘(C) cooperating forestry school (as de15 fined in that section).’’. 

16 SEC. 7403. RESEARCH FACILITIES ACT. 

17 Section 6(a) of the Research Facilities Act (7 U.S.C. 

18 390d(a)) is amended by striking ‘‘2012’’ and inserting 

19 ‘‘2018’’. 

20 SEC. 7404. REPEAL OF CARBON CYCLE RESEARCH. 

21 Effective October 1, 2013, section 221 of the Agricul22 tural Risk Protection Act of 2000 (7 U.S.C. 6711) is re23 pealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1054 

•HR 1947 RH

1 SEC. 7405. COMPETITIVE, SPECIAL, AND FACILITIES RE2 SEARCH GRANT ACT. 

3 (a) EXTENSION.—Subsection (b)(11)(A) of the Com4 petitive, Special, and Facilities Research Grant Act (7 

5 U.S.C. 450i(b)(11)(A)) is amended in the matter pre6 ceding clause (i) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

7 (b) PRIORITY AREAS.—Subsection (b)(2) of the Com8 petitive, Special, and Facilities Research Grant Act (7 

9 U.S.C. 450i(b)(2)) is amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (vi), by striking ‘‘and’’ at the 

12 end; 

13 (B) in clause (vii), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 clause: 

17 ‘‘(viii) plant-based foods that are 

18 major sources of nutrients of concern (as 

19 determined by the Secretary).’’; 

20 (2) in subparagraph (B)— 

21 (A) in clause (vii), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (viii), by striking the period 

24 at the end and inserting a semicolon; and 

25 (C) by adding at the end the following new 

26 clauses: 


rfrederick on DSK6VPTVN1PROD with BILLS
1055 

•HR 1947 RH

1 ‘‘(ix) the research and development of 

2 surveillance methods, vaccines, vaccination 

3 delivery systems, or diagnostic tests for 

4 pests and diseases (especially zoonotic dis5 eases) in wildlife reservoirs presenting a 

6 potential concern to public health or do7 mestic livestock and pests and diseases in 

8 minor species (including deer, elk, and 

9 bison); and 

10 ‘‘(x) the identification of animal drug 

11 needs and the generation and dissemina12 tion of data for safe and effective thera13 peutic applications of animal drugs for 

14 minor species and minor uses of such 

15 drugs in major species.’’; 

16 (3) in subparagraph (C)— 

17 (A) in clause (ii), by inserting before the 

18 semicolon ‘‘, including the effects of plant-based 

19 foods that are major sources of nutrients of 

20 concern on diet and health’’; 

21 (B) in clause (iii), by inserting before the 

22 semicolon ‘‘, including plant-based foods that 

23 are major sources of nutrients of concern’’; 

24 (C) in clause (iv), by inserting before the 

25 semicolon ‘‘, including postharvest practices 


rfrederick on DSK6VPTVN1PROD with BILLS
1056 

•HR 1947 RH

1 conducted with respect to plant-based foods 

2 that are major sources of nutrients of concern’’; 

3 and 

4 (D) in clause (v), by inserting before the 

5 period ‘‘, including improving the functionality 

6 of plant-based foods that are major sources of 

7 nutrients of concern’’; 

8 (4) in subparagraph (D)— 

9 (A) by redesignating clauses (iv), (v), and 

10 (vi) as clauses (v), (vi), and (vii), respectively; 

11 and 

12 (B) by inserting after clause (iii) the fol13 lowing new clause: 

14 ‘‘(iv) the effectiveness of conservation 

15 practices and technologies designed to ad16 dress nutrient losses and improve water 

17 quality;’’; and 

18 (5) in subparagraph (F)— 

19 (A) in the matter preceding clause (i), by 

20 inserting ‘‘economics,’’ after ‘‘trade,’’; 

21 (B) by redesignating clauses (v) and (vi) 

22 as clauses (vi) and (vii), respectively; and 

23 (C) by inserting after clause (iv) the fol24 lowing new clause: 


rfrederick on DSK6VPTVN1PROD with BILLS
1057 

•HR 1947 RH

1 ‘‘(v) the economic costs, benefits, and 

2 viability of producers adopting conserva3 tion practices and technologies designed to 

4 improve water quality;’’. 

5 (c) GENERAL ADMINISTRATION.—Subsection (b)(4) 

6 of the Competitive, Special, and Facilities Research Grant 

7 Act (7 U.S.C. 450i(b)(4)) is amended— 

8 (1) in subparagraph (D), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (E), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(F) establish procedures under which a 

15 commodity board established under a com16 modity promotion law (as such term is defined 

17 under section 501(a) of the Federal Agriculture 

18 Improvement and Reform Act of 1996 (7 

19 U.S.C. 7401(a))) or a State commodity board 

20 (or other equivalent State entity) may directly 

21 submit to the Secretary proposals for requests 

22 for applications to specifically address par23 ticular issues related to the priority areas speci24 fied in paragraph (2).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1058 

•HR 1947 RH

1 (d) SPECIAL CONSIDERATIONS.—Subsection (b)(6) of 

2 the Competitive, Special, and Facilities Research Grant 

3 Act (7 U.S.C. 450i(b)(6)) is amended— 

4 (1) in subparagraph (C), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (D), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(E) to eligible entities to carry out the 

11 specific research proposals submitted under 

12 procedures established under paragraph 

13 (4)(F).’’. 

14 (e) ELIGIBLE ENTITIES.—Subsection (b)(7)(G) of 

15 the Competitive, Special, and Facilities Research Grant 

16 Act (7 U.S.C. 450i(b)(7)(G)) is amended by striking ‘‘or 

17 corporations’’ and inserting ‘‘, foundations, or corpora18 tions’’. 

19 (f) INTER-REGIONAL RESEARCH PROJECT NUMBER

20 4.—Subsection (e) of the Competitive, Special, and Facili21 ties Research Grant Act (7 U.S.C. 450i(e)) is amended— 

22 (1) in paragraph (1)(A), by striking ‘‘minor use 

23 pesticides’’ and inserting ‘‘pesticides for minor agri24 cultural use and for use on specialty crops (as deVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1059 

•HR 1947 RH

1 fined in section 3 of the Specialty Crop Competitive2 ness Act of 2004 (7 U.S.C. 1621 note)’’; and 

3 (2) in paragraph (4)— 

4 (A) in subparagraph (A), by inserting 

5 ‘‘and for use on specialty crops’’ after ‘‘minor 

6 agricultural use’’; 

7 (B) in subparagraph (B), by striking 

8 ‘‘and’’ at the end; 

9 (C) by redesignating subparagraph (C) as 

10 subparagraph (G); and 

11 (D) by inserting after subparagraph (B) 

12 the following new subparagraphs: 

13 ‘‘(C) prioritize potential pest management 

14 technology for minor agricultural use and for 

15 use on specialty crops; 

16 ‘‘(D) conduct research to develop the data 

17 necessary to facilitate pesticide registrations, 

18 reregistrations, and associated tolerances; 

19 ‘‘(E) assist in removing trade barriers 

20 caused by residues of pesticides registered for 

21 minor agricultural use and for use on domesti22 cally grown specialty crops; 

23 ‘‘(F) assist in the registration and rereg24 istration of pest management technologies for 


rfrederick on DSK6VPTVN1PROD with BILLS
1060 

•HR 1947 RH

1 minor agricultural use and for use on specialty 

2 crops; and’’. 

3 (g) EMPHASIS ON SUSTAINABLE AGRICULTURE.— 

4 The Competitive, Special, and Facilities Research Grant 

5 Act (7 U.S.C. 450i) is amended by striking subsection (k). 

6 SEC. 7406. RENEWABLE RESOURCES EXTENSION ACT OF 

7 1978. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 6 of the Renewable Resources Extension Act of 1978 (16 

10 U.S.C. 1675) is amended in the first sentence by striking 

11 ‘‘2012’’ and inserting ‘‘2018’’. 

12 (b) TERMINATION DATE.—Section 8 of the Renew13 able Resources Extension Act of 1978 (16 U.S.C. 1671 

14 note; Public Law 95–306) is amended by striking ‘‘2012’’ 

15 and inserting ‘‘2018’’. 

16 SEC. 7407. NATIONAL AQUACULTURE ACT OF 1980. 

17 Section 10 of the National Aquaculture Act of 1980 

18 (16 U.S.C. 2809) is amended by striking ‘‘2012’’ each 

19 place it appears and inserting ‘‘2018’’. 

20 SEC. 7408. REPEAL OF USE OF REMOTE SENSING DATA. 

21 Effective October 1, 2013, section 892 of the Federal 

22 Agriculture Improvement and Reform Act of 1996 (7 

23 U.S.C. 5935) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1061 

•HR 1947 RH

1 SEC. 7409. REPEAL OF REPORTS UNDER FARM SECURITY 

2 AND RURAL INVESTMENT ACT OF 2002. 

3 (a) REPEAL OF REPORT ON PRODUCERS AND HAN4 DLERS FOR ORGANIC PRODUCTS.—Effective October 1, 

5 2013, section 7409 of the Farm Security and Rural In6 vestment Act of 2002 (7 U.S.C. 5925b note; Public Law 

7 107–171) is repealed. 

8 (b) REPEAL OF REPORT ON GENETICALLY MODI9 FIED PEST-PROTECTED PLANTS.—Effective October 1, 

10 2013, section 7410 of the Farm Security and Rural In11 vestment Act of 2002 (Public Law 107–171; 116 Stat. 

12 462) is repealed. 

13 (c) REPEAL OF STUDY ON NUTRIENT BANKING.— 

14 Effective October 1, 2013, section 7411 of the Farm Secu15 rity and Rural Investment Act of 2002 (7 U.S.C. 5925a 

16 note; Public Law 107–171) is repealed. 

17 SEC. 7410. BEGINNING FARMER AND RANCHER DEVELOP18 MENT PROGRAM. 

19 Section 7405 of the Farm Security and Rural Invest20 ment Act of 2002 (7 U.S.C. 3319f) is amended— 

21 (1) in subsection (c)— 

22 (A) in paragraph (1), by striking subpara23 graphs (A) through (R) and inserting the fol24 lowing new subparagraphs: 

25 ‘‘(A) basic livestock, forest management, 

26 and crop farming practices; 


rfrederick on DSK6VPTVN1PROD with BILLS
1062 

•HR 1947 RH

1 ‘‘(B) innovative farm, ranch, and private, 

2 nonindustrial forest land transfer strategies; 

3 ‘‘(C) entrepreneurship and business train4 ing; 

5 ‘‘(D) financial and risk management train6 ing (including the acquisition and management 

7 of agricultural credit); 

8 ‘‘(E) natural resource management and 

9 planning; 

10 ‘‘(F) diversification and marketing strate11 gies; 

12 ‘‘(G) curriculum development; 

13 ‘‘(H) mentoring, apprenticeships, and in14 ternships; 

15 ‘‘(I) resources and referral; 

16 ‘‘(J) farm financial benchmarking; 

17 ‘‘(K) assisting beginning farmers or ranch18 ers in acquiring land from retiring farmers and 

19 ranchers; 

20 ‘‘(L) agricultural rehabilitation and voca21 tional training for veterans; and 

22 ‘‘(M) other similar subject areas of use to 

23 beginning farmers or ranchers.’’; 

24 (B) in paragraph (7), by striking ‘‘and 

25 community-based organizations’’ and inserting 


rfrederick on DSK6VPTVN1PROD with BILLS
1063 

•HR 1947 RH

1 ‘‘, community-based organizations, and school2 based agricultural educational organizations’’; 

3 (C) by striking paragraph (8) and insert4 ing the following new paragraph: 

5 ‘‘(8) MILITARY VETERAN BEGINNING FARMERS

6 AND RANCHERS.— 

7 ‘‘(A) IN GENERAL.—Not less than 5 per8 cent of the funds used to carry out this sub9 section for a fiscal year shall be used to support 

10 programs and services that address the needs of 

11 military veteran beginning farmers and ranch12 ers. 

13 ‘‘(B) COORDINATION PERMITTED.—A re14 cipient of a grant under this section using the 

15 grant as described in subparagraph (A) may co16 ordinate with a recipient of a grant under sec17 tion 1680 of the Food, Agriculture, Conserva18 tion, and Trade Act of 1990 (7 U.S.C. 5933) 

19 in addressing the needs of military veteran be20 ginning farmers and ranchers with disabil21 ities.’’; and 

22 (D) by adding at the end the following new 

23 paragraph: 

24 ‘‘(11) LIMITATION ON INDIRECT COSTS.—A re25 cipient of a grant under this section may not use 


rfrederick on DSK6VPTVN1PROD with BILLS
1064 

•HR 1947 RH

1 more than 10 percent of the funds provided by the 

2 grant for the indirect costs of carrying out the ini3 tiatives described in paragraph (1).’’; 

4 (2) in subsection (h)(1)— 

5 (A) in the heading of such paragraph, by 

6 striking ‘‘2012’’ and inserting ‘‘2018’’; 

7 (B) in subparagraph (A), by striking 

8 ‘‘and’’ at the end; 

9 (C) in subparagraph (B), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (D) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(C) $20,000,000 for each of fiscal years 

14 2014 through 2018, to remain available until 

15 expended.’’; and 

16 (3) in subsection (h)(2)— 

17 (A) in the heading of such paragraph, by 

18 striking ‘‘2012’’ and inserting ‘‘2018’’; and 

19 (B) by striking ‘‘2012’’ and inserting 

20 ‘‘2018’’. 

21 SEC. 7411. INCLUSION OF NORTHERN MARIANA ISLANDS AS 

22 A STATE UNDER MCINTIRE-STENNIS COOPER23 ATIVE FORESTRY ACT. 

24 Section 8 of Public Law 87–788 (commonly known 

25 as the McIntire-Stennis Cooperative Forestry Act; 16 


rfrederick on DSK6VPTVN1PROD with BILLS
1065 

•HR 1947 RH

1 U.S.C. 582a–7) is amended by striking ‘‘and Guam’’ and 

2 inserting ‘‘Guam, and the Commonwealth of the Northern 

3 Mariana Islands’’. 

4 Subtitle E—Food, Conservation, 

5 and Energy Act of 2008 

6 PART 1—AGRICULTURAL SECURITY 

7 SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION 

8 CENTER. 

9 Section 14112(c) of the Food, Conservation, and En10 ergy Act of 2008 (7 U.S.C. 8912(c)) is amended to read 

11 as follows: 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this sec14 tion— 

15 ‘‘(1) such sums as are necessary for each of fis16 cal years 2008 through 2013; and 

17 ‘‘(2) $2,000,000 for each of fiscal years 2014 

18 through 2018.’’. 

19 SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AG20 RICULTURAL BIOSECURITY PLANNING, PREP21 ARATION, AND RESPONSE. 

22 Section 14113 of the Food, Conservation, and En23 ergy Act of 2008 (7 U.S.C. 8913) is amended— 

24 (1) in subsection (a)(2)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1066 

•HR 1947 RH

1 (A) by striking ‘‘such sums as may be nec2 essary’’; and 

3 (B) by striking ‘‘subsection’’ and all that 

4 follows and inserting the following: ‘‘sub5 section— 

6 ‘‘(1) such sums as are necessary for each of fis7 cal years 2008 through 2013; and 

8 ‘‘(2) $15,000,000 for each of fiscal years 2014 

9 through 2018.’’; and 

10 (2) in subsection (b)(2), by striking ‘‘is author11 ized to be appropriated to carry out this subsection’’ 

12 and all that follows and inserting the following: ‘‘are 

13 authorized to be appropriated to carry out this sub14 section— 

15 ‘‘(1) $25,000,000 for each of fiscal years 2008 

16 through 2013; and 

17 ‘‘(2) $15,000,000 for each of fiscal years 2014 

18 through 2018.’’. 

19 SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICUL20 TURAL COUNTERMEASURES. 

21 Section 14121(b) of the Food, Conservation, and En22 ergy Act of 2008 (7 U.S.C. 8921(b)) is amended by strik23 ing ‘‘is authorized to be appropriated to carry out this sec24 tion’’ and all that follows and inserting the following: ‘‘are 

25 authorized to be appropriated to carry out this section— 


rfrederick on DSK6VPTVN1PROD with BILLS
1067 

•HR 1947 RH

1 ‘‘(1) $50,000,000 for each of fiscal years 2008 

2 through 2013; and 

3 ‘‘(2) $15,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM. 

6 Section 14122(e) of the Food, Conservation, and En7 ergy Act of 2008 (7 U.S.C. 8922(e)) is amended— 

8 (1) by striking ‘‘sums as are necessary’’; and 

9 (2) by striking ‘‘section’’ and all that follows 

10 and inserting the following: ‘‘section— 

11 ‘‘(1) such sums as are necessary for each of fis12 cal years 2008 through 2013, to remain available 

13 until expended; and 

14 ‘‘(2) $5,000,000 for each of fiscal years 2014 

15 through 2018, to remain available until expended.’’. 

16 PART 2—MISCELLANEOUS 

17 SEC. 7511. ENHANCED USE LEASE AUTHORITY PILOT PRO18 GRAM. 

19 Section 308 of the Federal Crop Insurance Reform 

20 and Department of Agriculture Reorganization Act of 

21 1994 (7 U.S.C. 3125a) is amended— 

22 (1) in subsection (b)(6)(A), by striking ‘‘5 

23 years’’ and inserting ‘‘10 years’’; and 

24 (2) in subsection (d)(2), by striking ‘‘1, 3, and 

25 5 years’’ and inserting ‘‘6, 8, and 10 years’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1068 

•HR 1947 RH

1 SEC. 7512. GRAZINGLANDS RESEARCH LABORATORY. 

2 Section 7502 of the Food, Conservation, and Energy 

3 Act of 2008 (Public Law 110–246; 122 Stat. 2019) is 

4 amended by striking ‘‘5-year period’’ and inserting ‘‘10- 

5 year period’’. 

6 SEC. 7513. BUDGET SUBMISSION AND FUNDING. 

7 Section 7506 of the Food, Conservation, and Energy 

8 Act of 2008 (7 U.S.C. 7614c) is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following new subsection: 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED PROGRAM.—The term ‘covered 

13 program’ means— 

14 ‘‘(A) each research program carried out by 

15 the Agricultural Research Service or the Eco16 nomic Research Service for which annual appro17 priations are requested in the annual budget 

18 submission of the President; and 

19 ‘‘(B) each competitive program carried out 

20 by the National Institute of Food and Agri21 culture for which annual appropriations are re22 quested in the annual budget submission of the 

23 President. 

24 ‘‘(2) REQUEST FOR AWARDS.—The term ‘re25 quest for awards’ means a funding announcement 

26 published by the National Institute of Food and AgVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1069 

•HR 1947 RH

1 riculture that provides detailed information on fund2 ing opportunities at the Institute, including the pur3 pose, eligibility, restriction, focus areas, evaluation 

4 criteria, regulatory information, and instructions on 

5 how to apply for such opportunities.’’; and 

6 (2) by adding at the end the following new sub7 sections: 

8 ‘‘(e) ADDITIONAL PRESIDENTIAL BUDGET SUBMIS9 SION REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—Each year, the President 

11 shall submit to Congress, together with the annual 

12 budget submission of the President, the information 

13 described in paragraph (2) for each funding request 

14 for a covered program. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph includes— 

17 ‘‘(A) baseline information, including with 

18 respect to each covered program— 

19 ‘‘(i) the funding level for the program 

20 for the fiscal year preceding the year the 

21 annual budget submission of the President 

22 is submitted; 

23 ‘‘(ii) the funding level requested in the 

24 annual budget submission of the President, 


rfrederick on DSK6VPTVN1PROD with BILLS
1070 

•HR 1947 RH

1 including any increase or decrease in the 

2 funding level; and 

3 ‘‘(iii) an explanation justifying any 

4 change from the funding level specified in 

5 clause (i) to the level specified in clause 

6 (ii); 

7 ‘‘(B) with respect to each covered program 

8 that is carried out by the Economic Research 

9 Service or the Agricultural Research Service, 

10 the location and staff years of the program; 

11 ‘‘(C) the proposed funding levels to be allo12 cated to, and the expected publication date, 

13 scope, and allocation level for, each request for 

14 awards to be published under or associated 

15 with— 

16 ‘‘(i) each priority area specified in 

17 subsection (b)(2) of the Competitive, Spe18 cial, and Facilities Research Grant Act (7 

19 U.S.C. 450i(b)(2)); 

20 ‘‘(ii) each research and extension 

21 project carried out under section 1621(a) 

22 of the Food, Agriculture, Conservation, 

23 and Trade Act of 1990 (7 U.S.C. 

24 5811(a)); 


rfrederick on DSK6VPTVN1PROD with BILLS
1071 

•HR 1947 RH

1 ‘‘(iii) each grant to be awarded under 

2 section 1672B(a) of the Food, Agriculture, 

3 Conservation, and Trade Act of 1990 (7 

4 U.S.C. 5925b(a)); 

5 ‘‘(iv) each grant awarded under sec6 tion 412(d) of the Agricultural Research, 

7 Extension, and Education Reform Act of 

8 1998 (7 U.S.C. 7632(d)); and 

9 ‘‘(v) each grant awarded under 

10 7405(c)(1) of the Farm Security and 

11 Rural Investment Act of 2002 (7 U.S.C. 

12 3319f(c)(1)); or 

13 ‘‘(D) any other information the Secretary 

14 determines will increase congressional oversight 

15 with respect to covered programs. 

16 ‘‘(3) PROHIBITION.—Unless the President sub17 mits the information described in paragraph (2)(C) 

18 for a fiscal year, the President may not carry out 

19 any program during the fiscal year that is author20 ized under— 

21 ‘‘(A) subsection (b) of the Competitive, 

22 Special, and Facilities Research Grant Act (7 

23 U.S.C. 450i(b)); 


rfrederick on DSK6VPTVN1PROD with BILLS
1072 

•HR 1947 RH

1 ‘‘(B) section 1621 of the Food, Agri2 culture, Conservation, and Trade Act of 1990 

3 (7 U.S.C. 5811); 

4 ‘‘(C) section 1672B of the Food, Agri5 culture, Conservation, and Trade Act of 1990 

6 (7 U.S.C. 5925b); 

7 ‘‘(D) section 412 of the Agricultural Re8 search, Extension, and Education Reform Act 

9 of 1998 (7 U.S.C. 7632); or 

10 ‘‘(E) section 7405 of the Farm Security 

11 and Rural Investment Act of 2002 (7 U.S.C. 

12 3319f). 

13 ‘‘(f) REPORT OF THE SECRETARY OF AGRI14 CULTURE.—Each year on a date that is not later than 

15 the date on which the President submits the annual budg16 et, the Secretary shall submit to Congress a report con17 taining a description of the agricultural research, exten18 sion, and education activities carried out by the Federal 

19 Government during the fiscal year that immediately pre20 cedes the year for which the report is submitted, includ21 ing— 

22 ‘‘(1) a review of the extent to which those ac23 tivities— 

24 ‘‘(A) are duplicative or overlap within the 

25 Department of Agriculture; or 


rfrederick on DSK6VPTVN1PROD with BILLS
1073 

•HR 1947 RH

1 ‘‘(B) are similar to activities carried out 

2 by— 

3 ‘‘(i) other Federal agencies; 

4 ‘‘(ii) the States (including the District 

5 of Columbia, the Commonwealth of Puerto 

6 Rico and other territories or possessions of 

7 the United States); 

8 ‘‘(iii) institutions of higher education 

9 (as defined in section 101 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001)); 

11 or 

12 ‘‘(iv) the private sector; and 

13 ‘‘(2) for each report submitted under this sec14 tion on or after January 1, 2013, a 5-year projection 

15 of national priorities with respect to agricultural re16 search, extension, and education, taking into account 

17 domestic needs.’’. 

18 SEC. 7514. REPEAL OF RESEARCH AND EDUCATION GRANTS 

19 FOR THE STUDY OF ANTIBIOTIC-RESISTANT 

20 BACTERIA. 

21 Effective October 1, 2013, section 7521 of the Food, 

22 Conservation, and Energy Act of 2008 (7 U.S.C. 3202) 

23 is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1074 

•HR 1947 RH

1 SEC. 7515. REPEAL OF FARM AND RANCH STRESS ASSIST2 ANCE NETWORK. 

3 Effective October 1, 2013, section 7522 of the Food, 

4 Conservation, and Energy Act of 2008 (7 U.S.C. 5936) 

5 is repealed. 

6 SEC. 7516. REPEAL OF SEED DISTRIBUTION. 

7 Effective October 1, 2013, section 7523 of the Food, 

8 Conservation, and Energy Act of 2008 (7 U.S.C. 415–1) 

9 is repealed. 

10 SEC. 7517. NATURAL PRODUCTS RESEARCH PROGRAM. 

11 Section 7525(e) of the Food, Conservation, and En12 ergy Act of 2008 (7 U.S.C. 5937(e)) is amended to read 

13 as follows: 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $7,000,000 for each of fiscal years 2014 through 2018.’’. 

17 SEC. 7518. SUN GRANT PROGRAM. 

18 (a) IN GENERAL.—Section 7526 of the Food, Con19 servation, and Energy Act of 2008 (7 U.S.C. 8114) is 

20 amended— 

21 (1) in subsection (a)(4)(B), by striking ‘‘the 

22 Department of Energy’’ and inserting ‘‘other appro23 priate Federal agencies (as determined by the Sec24 retary)’’; 

25 (2) in subsection (c)(1)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1075 

•HR 1947 RH

1 (A) in subparagraph (B), by striking 

2 ‘‘multistate’’ and all that follows through the 

3 period and inserting ‘‘integrated, multistate re4 search, extension, and education programs on 

5 technology development and technology imple6 mentation.’’; 

7 (B) by striking subparagraph (C); and 

8 (C) by redesignating subparagraph (D) as 

9 subparagraph (C); 

10 (3) in subsection (d)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘in accordance with 

13 paragraph (2)’’; 

14 (ii) by striking ‘‘gasification’’ and in15 serting ‘‘bioproducts’’; and 

16 (iii) by striking ‘‘the Department of 

17 Energy’’ and inserting ‘‘other appropriate 

18 Federal agencies’’; 

19 (B) by striking paragraph (2); and 

20 (C) by redesignating paragraphs (3) and 

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

22 (4) in subsection (g), by striking ‘‘2012’’ and 

23 inserting ‘‘2018’’. 

24 (b) CONFORMING AMENDMENTS.—Section 

25 7526(f)(1) of the Food, Conservation, and Energy Act of 


rfrederick on DSK6VPTVN1PROD with BILLS
1076 

•HR 1947 RH

1 2008 (7 U.S.C. 8114(f)(1)) is amended by striking ‘‘sub2 section (c)(1)(D)(i)’’ and inserting ‘‘subsection 

3 (c)(1)(C)(i)’’. 

4 SEC. 7519. REPEAL OF STUDY AND REPORT ON FOOD 

5 DESERTS. 

6 Effective October 1, 2013, section 7527 of the Food, 

7 Conservation, and Energy Act of 2008 (Public Law 110– 

8 246; 122 Stat. 2039) is repealed. 

9 SEC. 7520. REPEAL OF AGRICULTURAL AND RURAL TRANS10 PORTATION RESEARCH AND EDUCATION. 

11 Effective October 1, 2013, section 7529 of the Food, 

12 Conservation, and Energy Act of 2008 (7 U.S.C. 5938) 

13 is repealed. 

14 Subtitle F—Miscellaneous 

15 Provisions 

16 SEC. 7601. AGREEMENTS WITH NONPROFIT ORGANIZA17 TIONS FOR NATIONAL ARBORETUM. 

18 Section 6 of the Act of March 4, 1927 (20 U.S.C. 

19 196), is amended— 

20 (1) in subsection (a), by striking paragraph (1) 

21 and inserting the following new paragraph: 

22 ‘‘(1) negotiate agreements for the National Ar23 boretum with nonprofit scientific or educational or24 ganizations, the interests of which are complemen25 tary to the mission of the National Arboretum, or 


rfrederick on DSK6VPTVN1PROD with BILLS
1077 

•HR 1947 RH

1 nonprofit organizations that support the purpose of 

2 the National Arboretum, except that the net pro3 ceeds of the organizations from the agreements shall 

4 be used exclusively for research and educational 

5 work for the benefit of the National Arboretum and 

6 the operation and maintenance of the facilities of the 

7 National Arboretum, including enhancements, up8 grades, restoration, and conservation;’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(d) RECOGNITION OF DONORS.—A non-profit orga12 nization that entered into an agreement under subsection 

13 (a)(1) may recognize donors if that recognition is ap14 proved in advance by the Secretary. In considering wheth15 er to approve such recognition, the Secretary shall broadly 

16 exercise the discretion of the Secretary to the fullest extent 

17 allowed under Federal law in effect on the date of the en18 actment of this subsection.’’. 

19 SEC. 7602. COTTON DISEASE RESEARCH REPORT. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary shall submit to Congress 

22 a report on the fungus fusarium oxysporum f. sp. 

23 vasinfectum race 4 (referred to in this section as ‘‘FOV 

24 Race 4’’) and the impact of such fungus on cotton, includ25 ing— 


rfrederick on DSK6VPTVN1PROD with BILLS
1078 

•HR 1947 RH

1 (1) an overview of the threat FOV Race 4 poses 

2 to the cotton industry in the United States; 

3 (2) the status and progress of Federal research 

4 initiatives to detect, contain, or eradicate FOV Race 

5 4, including current FOV Race 4-specific research 

6 projects; and 

7 (3) a comprehensive strategy to combat FOV 

8 Race 4 that establishes— 

9 (A) detection and identification goals; 

10 (B) containment goals; 

11 (C) eradication goals; and 

12 (D) a plan to partner with the cotton in13 dustry in the United States to maximize re14 sources, information sharing, and research re15 sponsiveness and effectiveness. 

16 SEC. 7603. ACCEPTANCE OF FACILITY FOR AGRICULTURAL 

17 RESEARCH SERVICE. 

18 (a) CONSTRUCTION AUTHORIZED.—Subject to sub19 sections (b) and (c), the Secretary of Agriculture may au20 thorize a non-Federal entity to construct, at no cost and 

21 without obligation to the Federal Government, a facility 

22 for use by the Agricultural Research Service on land 

23 owned by the Agricultural Research Service and managed 

24 by the Secretary. 

25 (b) ACCEPTANCE OF GIFT.— 


rfrederick on DSK6VPTVN1PROD with BILLS
1079 

•HR 1947 RH

1 (1) IN GENERAL.—Subject to paragraph (2), 

2 upon the completion of the construction of the facil3 ity by the non-Federal entity under subsection (a), 

4 the Secretary shall accept the facility as a gift in ac5 cordance with Public Law 95–442 (7 U.S.C. 2269). 

6 (2) CERTIFICATION.—The Secretary, in con7 sultation with the Director of the Office of Manage8 ment and Budget, shall certify in advance that the 

9 acceptance under paragraph (1) complies with the 

10 limitations specified in paragraphs (1) and (2) of 

11 subsection (c). 

12 (c) LIMITATIONS.— 

13 (1) VALUE.—The Secretary may not accept a 

14 facility as a gift under this section if the fair market 

15 value of the facility is more than $5,000,000. 

16 (2) NO FEDERAL COST.—The Secretary shall 

17 not enter into any acquisitions, demonstrations, ex18 changes, grants, contracts, incentives, leases, pro19 curements, sales, or other transaction authorities or 

20 arrangements that would obligate future appropria21 tions with respect to the facility constructed under 

22 subsection (a). 

23 (d) TERMINATION OF AUTHORITY.—No facility may 

24 be accepted by the Secretary for use by the Agricultural 


rfrederick on DSK6VPTVN1PROD with BILLS
1080 

•HR 1947 RH

1 Research Service under this section after September 30, 

2 2018. 

3 SEC. 7604. MISCELLANEOUS TECHNICAL CORRECTIONS. 

4 Sections 7408 and 7409 of the Food, Conservation, 

5 and Energy Act of 2008 (Public Law 110–246; 122 Stat. 

6 2013) are both amended by striking ‘‘Title III of the De7 partment of Agriculture Reorganization Act of 1994’’ and 

8 inserting ‘‘Title III of the Federal Crop Insurance Reform 

9 and Department of Agriculture Reorganization Act of 

10 1994’’. 

11 TITLE VIII—FORESTRY 

12 Subtitle A—Repeal of Certain 

13 Forestry Programs 

14 SEC. 8001. FOREST LAND ENHANCEMENT PROGRAM. 

15 (a) REPEAL.—Section 4 of the Cooperative Forestry 

16 Assistance Act of 1978 (16 U.S.C. 2103) is repealed. 

17 (b) CONFORMING AMENDMENT.—Section 8002 of the 

18 Farm Security and Rural Investment Act of 2002 (Public 

19 Law 107–171; 16 U.S.C. 2103 note) is amended by strik20 ing subsection (a). 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on October 1, 2013. 

23 SEC. 8002. WATERSHED FORESTRY ASSISTANCE PROGRAM. 

24 (a) REPEAL.—Section 6 of the Cooperative Forestry 

25 Assistance Act of 1978 (16 U.S.C. 2103b) is repealed. 


rfrederick on DSK6VPTVN1PROD with BILLS
1081 

•HR 1947 RH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect on October 1, 2013. 

3 SEC. 8003. EXPIRED COOPERATIVE NATIONAL FOREST 

4 PRODUCTS MARKETING PROGRAM. 

5 Section 18 of the Cooperative Forestry Assistance 

6 Act of 1978 (16 U.S.C. 2112) is repealed. 

7 SEC. 8004. HISPANIC-SERVING INSTITUTION AGRICUL8 TURAL LAND NATIONAL RESOURCES LEAD9 ERSHIP PROGRAM. 

10 (a) REPEAL.—Section 8402 of the Food, Conserva11 tion, and Energy Act of 2008 (16 U.S.C. 1649a) is re12 pealed. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall take effect on October 1, 2013. 

15 SEC. 8005. TRIBAL WATERSHED FORESTRY ASSISTANCE 

16 PROGRAM. 

17 (a) REPEAL.—Section 303 of the Healthy Forests 

18 Restoration Act of 2003 (16 U.S.C. 6542) is repealed. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall take effect on October 1, 2013. 

21 SEC. 8006. SEPARATE FOREST SERVICE DECISIONMAKING 

22 AND APPEALS PROCESS. 

23 Section 322 of the Department of the Interior and 

24 Related Agencies Appropriations Act, 1993 (Public Law 

25 102–381; 16 U.S.C. 1612 note) is repealed. Section 428 


rfrederick on DSK6VPTVN1PROD with BILLS
1082 

•HR 1947 RH

1 of division E of the Consolidated Appropriations Act, 2012 

2 (Public Law 112–74; 125 Stat. 1046; 16 U.S.C. 6515 

3 note) shall not apply to any project or activity imple4 menting a land and resource management plan developed 

5 under section 6 of the Forest and Rangeland Renewable 

6 Resources Planning Act of 1974 (16 U.S.C. 1604) that 

7 is categorically excluded from documentation in an envi8 ronmental assessment or an environmental impact state9 ment under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.). 

11 Subtitle B—Reauthorization of Co12 operative Forestry Assistance 

13 Act of 1978 Programs 

14 SEC. 8101. STATE-WIDE ASSESSMENT AND STRATEGIES FOR 

15 FOREST RESOURCES. 

16 Section 2A(c) of the Cooperative Forestry Assistance 

17 Act of 1978 (16 U.S.C. 2101a(c)) is amended— 

18 (1) in paragraph (4), by striking ‘‘and’’; 

19 (2) by redesignating paragraph (5) as para20 graph (6); and 

21 (3) by inserting after paragraph (4) the fol22 lowing new paragraph: 

23 ‘‘(5) as feasible, appropriate military installa24 tions where the voluntary participation and manage25 ment of private or State-owned or other public 


rfrederick on DSK6VPTVN1PROD with BILLS
1083 

•HR 1947 RH

1 forestland is able to support, promote, and con2 tribute to the missions of such installations; and’’. 

3 SEC. 8102. FOREST LEGACY PROGRAM. 

4 Subsection (m) of section 7 of the Cooperative For5 estry Assistance Act of 1978 (16 U.S.C. 2103c) is amend6 ed to read as follows: 

7 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To 

8 carry out this section, there are authorized to be appro9 priated— 

10 ‘‘(1) such sums as are necessary for fiscal year 

11 2013; and 

12 ‘‘(2) $55,000,000 for each of fiscal years 2014 

13 through 2018.’’. 

14 SEC. 8103. COMMUNITY FOREST AND OPEN SPACE CON15 SERVATION PROGRAM. 

16 Subsection (g) of section 7A of the Cooperative For17 estry Assistance Act of 1978 (16 U.S.C. 2103d) is amend18 ed to read as follows: 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 

20 carry out this section, there are authorized to be appro21 priated— 

22 ‘‘(1) such sums as are necessary for fiscal year 

23 2013; and 

24 ‘‘(2) $1,500,000 for each of fiscal years 2014 

25 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1084 

•HR 1947 RH

1 Subtitle C—Reauthorization of 

2 Other Forestry-Related Laws 

3 SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES. 

4 Section 2371(d)(2) of the Food, Agriculture, Con5 servation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) 

6 is amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

7 SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY. 

8 Subsection (d) of section 2405 of the Global Climate 

9 Change Prevention Act of 1990 (7 U.S.C. 6704) is amend10 ed to read as follows: 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

12 carry out this section, there are authorized to be appro13 priated— 

14 ‘‘(1) such sums as are necessary for each of fis15 cal years 1996 through 2013; and 

16 ‘‘(2) $6,000,000 for each of fiscal years 2014 

17 through 2018.’’. 

18 SEC. 8203. CHANGE IN FUNDING SOURCE FOR HEALTHY 

19 FORESTS RESERVE PROGRAM. 

20 Section 508 of the Healthy Forests Restoration Act 

21 of 2003 (16 U.S.C. 6578) is amended— 

22 (1) in subsection (a), by striking ‘‘IN GEN23 ERAL’’ and inserting ‘‘FISCAL YEARS 2009 

24 THROUGH 2013’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1085 

•HR 1947 RH

1 (2) by redesignating subsection (b) as sub2 section (d); and 

3 (3) by inserting after subsection (a) the fol4 lowing new subsections: 

5 ‘‘(b) FISCAL YEARS 2014 THROUGH 2018.—There is 

6 authorized to be appropriated to the Secretary of Agri7 culture to carry out this section $9,750,000 for each of 

8 fiscal years 2014 through 2018. 

9 ‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition 

10 to funds appropriated pursuant to the authorization of ap11 propriations in subsection (b) for a fiscal year, the Sec12 retary may use such amount of the funds appropriated 

13 for that fiscal year to carry out the Soil Conservation and 

14 Domestic Allotment Act (16 U.S.C. 590a et seq.) as the 

15 Secretary determines necessary to cover the cost of tech16 nical assistance, management, and enforcement respon17 sibilities for land enrolled in the healthy forests reserve 

18 program pursuant to subsections (a) and (b) of section 

19 504.’’. 

20 SEC. 8204. STEWARDSHIP END RESULT CONTRACTING 

21 PROJECT AUTHORITY. 

22 Section 347 of the Department of the Interior and 

23 Related Agencies Appropriations Act, 1999 (as contained 

24 in section 101(e) of division A of Public Law 105–277; 

25 16 U.S.C. 2104 note) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1086 

•HR 1947 RH

1 (1) in subsection (a), by striking ‘‘2013’’ and 

2 inserting ‘‘2018’’; and 

3 (2) in subsection (c), by adding at the end the 

4 following new paragraph: 

5 ‘‘(6) CONTRACT FOR SALE OF PROPERTY.—At 

6 the discretion of the Secretary of Agriculture, a con7 tract entered into by the Forest Service under this 

8 section may be considered a contract for the sale of 

9 property under such terms as the Secretary may 

10 prescribe without regard to any other provision of 

11 law.’’. 

12 Subtitle D—National Forest 

13 Critical Area Response 

14 SEC. 8301. DEFINITIONS. 

15 In this title: 

16 (1) CRITICAL AREA.—The term ‘‘critical area’’ 

17 means an area of the National Forest System des18 ignated by the Secretary under section 8302 

19 (2) NATIONAL FOREST SYSTEM.—The term 

20 ‘‘National Forest System’’ has the meaning given 

21 that term in section 11(a) of the Forest and Range22 land Renewable Resources Planning Act of 1974 (16 

23 U.S.C. 1609(a)). 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Agriculture. 


rfrederick on DSK6VPTVN1PROD with BILLS
1087 

•HR 1947 RH

1 SEC. 8302. DESIGNATION OF CRITICAL AREAS. 

2 (a) DESIGNATION REQUIREMENTS.—The Secretary 

3 of Agriculture shall designate critical areas within the Na4 tional Forest System for the purposes of addressing— 

5 (1) deteriorating forest health conditions in ex6 istence as of the date of the enactment of this Act 

7 due to insect infestation, drought, disease, or storm 

8 damage; and 

9 (2) the future risk of insect infestations or dis10 ease outbreaks through preventative treatments. 

11 (b) DESIGNATION METHOD.—In considering Na12 tional Forest System land for designation as a critical 

13 area, the Secretary shall use— 

14 (1) for purposes of subsection (a)(1), the most 

15 recent annual forest health aerial surveys of mor16 tality and defoliation; and 

17 (2) for purposes of subsection (a)(2), the Na18 tional Insect and Disease Risk Map. 

19 (c) TIME FOR INITIAL DESIGNATIONS.—The first 

20 critical areas shall be designated by the Secretary not later 

21 than 60 days after the date of the enactment of this Act. 

22 (d) DURATION OF DESIGNATION.—The designation 

23 of a critical area shall expire not later than 10 years after 

24 the date of the designation. 


rfrederick on DSK6VPTVN1PROD with BILLS
1088 

•HR 1947 RH

1 SEC. 8303. APPLICATION OF EXPEDITED PROCEDURES AND 

2 ACTIVITIES OF THE HEALTHY FORESTS RES3 TORATION ACT OF 2003 TO CRITICAL AREAS. 

4 (a) APPLICABILITY.—Subject to subsections (b) 

5 through (e), title I of the Healthy Forests Restoration Act 

6 of 2003 (16 U.S.C. 6511 et seq.) (including the environ7 mental analysis requirements of section 104 of that Act 

8 (16 U.S.C. 6514), the special administrative review proc9 ess under section 105 of that Act (16 U.S.C. 6515), and 

10 the judicial review process under section 106 of that Act 

11 (16 U.S.C. 6516)), shall apply to all Forest Service 

12 projects and activities carried out in a critical area. 

13 (b) APPLICATION OF OTHER LAW.—Section 322 of 

14 Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 

15 1419) shall not apply to projects conducted in accordance 

16 with this section. 

17 (c) REQUIRED MODIFICATIONS.—In applying title I 

18 of the Healthy Forests Restoration Act of 2003 (16 

19 U.S.C. 6511 et seq.) to Forest Service projects and activi20 ties in a critical area, the Secretary shall make the fol21 lowing modifications: 

22 (1) The authority shall apply to the entire crit23 ical area, including land that is outside of a 

24 wildland-urban interface area or that does not sat25 isfy any of the other eligibility criteria specified in 

26 section 102(a) of that Act (16 U.S.C. 6512(a)). 


rfrederick on DSK6VPTVN1PROD with BILLS
1089 

•HR 1947 RH

1 (2) All projects and activities of the Forest 

2 Service, including necessary connected actions (as 

3 described in section 1508.25(a)(1) of title 40, Code 

4 of Federal Regulations (or a successor regulation)), 

5 shall be considered to be authorized hazardous fuel 

6 reduction projects for purposes of applying the title. 

7 (d) SMALLER PROJECTS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), a project conducted in a critical area in 

10 accordance with this section that comprises less than 

11 10,000 acres shall be— 

12 (A) considered an action categorically ex13 cluded from the requirements for an environ14 mental assessment or an environmental impact 

15 statement under section 1508.4 of title 40, 

16 Code of Federal Regulations (or a successor 

17 regulation); and 

18 (B) exempt from the special administrative 

19 review process under section 105 of the Healthy 

20 Forests Restoration Act of 2003 (16 U.S.C. 

21 6515). 

22 (2) EXCLUSION OF CERTAIN AREAS.—Para23 graph (1) does not apply to— 

24 (A) a component of the National Wilder25 ness Preservation System; 


rfrederick on DSK6VPTVN1PROD with BILLS
1090 

•HR 1947 RH

1 (B) any Federal land on which, by Act of 

2 Congress or Presidential proclamation, the re3 moval of vegetation is restricted or prohibited; 

4 (C) a congressionally designated wilderness 

5 study area; or 

6 (D) an area in which activities under para7 graph (1) would be inconsistent with the appli8 cable land and resource management plan. 

9 (e) FOREST MANAGEMENT PLANS.—All projects and 

10 activities carried out in a critical area pursuant to this 

11 subtitle shall be consistent with the land and resource 

12 management plan established under section 6 of the For13 est and Rangeland Renewable Resources Planning Act of 

14 1974 (16 U.S.C. 1604) for the unit of the National Forest 

15 System containing the critical area. 

16 SEC. 8304. GOOD NEIGHBOR AUTHORITY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE STATE.—The term ‘‘eligible 

19 State’’ means a State that contains National Forest 

20 System land. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 (3) STATE FORESTER.—The term ‘‘State for24 ester’’ means the head of a State agency with jurisVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1091 

•HR 1947 RH

1 diction over State forestry programs in an eligible 

2 State. 

3 (b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 

4 (1) IN GENERAL.—The Secretary may enter 

5 into a cooperative agreement or contract (including 

6 a sole source contract) with a State forester to au7 thorize the State forester to provide the forest, 

8 rangeland, and watershed restoration and protection 

9 services described in paragraph (2) on National For10 est System land in the eligible State. 

11 (2) AUTHORIZED SERVICES.—The forest, 

12 rangeland, and watershed restoration and protection 

13 services referred to in paragraph (1) include the con14 duct of— 

15 (A) activities to treat insect infected trees; 

16 (B) activities to reduce hazardous fuels; 

17 and 

18 (C) any other activities to restore or im19 prove forest, rangeland, and watershed health, 

20 including fish and wildlife habitat. 

21 (3) STATE AS AGENT.—Except as provided in 

22 paragraph (6), a cooperative agreement or contract 

23 entered into under paragraph (1) may authorize the 

24 State forester to serve as the agent for the Secretary 


rfrederick on DSK6VPTVN1PROD with BILLS
1092 

•HR 1947 RH

1 in providing the restoration and protection services 

2 authorized under that paragraph. 

3 (4) SUBCONTRACTS.—In accordance with appli4 cable contract procedures for the eligible State, a 

5 State forester may enter into subcontracts to provide 

6 the restoration and protection services authorized 

7 under a cooperative agreement or contract entered 

8 into under paragraph (1). 

9 (5) TIMBER SALES.—Subsections (d) and (g) of 

10 section 14 of the National Forest Management Act 

11 of 1976 (16 U.S.C. 472a) shall not apply to services 

12 performed under a cooperative agreement or con13 tract entered into under paragraph (1). 

14 (6) RETENTION OF NEPA RESPONSIBILITIES.— 

15 Any decision required to be made under the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.) with respect to any restoration and 

18 protection services to be provided under this section 

19 by a State forester on National Forest System land 

20 shall not be delegated to a State forester or any 

21 other officer or employee of the eligible State. 

22 (7) APPLICABLE LAW.—The restoration and 

23 protection services to be provided under this section 

24 shall be carried out on a project-to-project basis 

25 under existing authorities of the Forest Service. 


rfrederick on DSK6VPTVN1PROD with BILLS
1093 

•HR 1947 RH

1 Subtitle E—Miscellaneous 

2 Provisions 

3 SEC. 8401. REVISION OF STRATEGIC PLAN FOR FOREST IN4 VENTORY AND ANALYSIS. 

5 (a) REVISION REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Agriculture shall revise the strategic plan for forest in8 ventory and analysis initially prepared pursuant to section 

9 3(e) of the Forest and Rangeland Renewable Resources 

10 Research Act of 1978 (16 U.S.C. 1642(e)) to address the 

11 requirements imposed by subsection (b). 

12 (b) ELEMENTS OF REVISED STRATEGIC PLAN.—In 

13 revising the strategic plan, the Secretary of Agriculture 

14 shall describe in detail the organization, procedures, and 

15 funding needed to achieve each of the following: 

16 (1) Complete the transition to a fully 

17 annualized forest inventory program and include in18 ventory and analysis of interior Alaska. 

19 (2) Implement an annualized inventory of trees 

20 in urban settings, including the status and trends of 

21 trees and forests, and assessments of their eco22 system services, values, health, and risk to pests and 

23 diseases. 

24 (3) Report information on renewable biomass 

25 supplies and carbon stocks at the local, State, reVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1094 

•HR 1947 RH

1 gional, and national level, including by ownership 

2 type. 

3 (4) Engage State foresters and other users of 

4 information from the forest inventory and analysis 

5 in reevaluating the list of core data variables col6 lected on forest inventory and analysis plots with an 

7 emphasis on demonstrated need. 

8 (5) Improve the timeliness of the timber prod9 uct output program and accessibility of the 

10 annualized information on that database. 

11 (6) Foster greater cooperation among the forest 

12 inventory and analysis program, research station 

13 leaders, and State foresters and other users of infor14 mation from the forest inventory and analysis. 

15 (7) Promote availability of and access to non16 Federal resources to improve information analysis 

17 and information management. 

18 (8) Collaborate with the Natural Resources 

19 Conservation Service, National Aeronautics and 

20 Space Administration, National Oceanic and Atmos21 pheric Administration, and United States Geological 

22 Survey to integrate remote sensing, spatial analysis 

23 techniques, and other new technologies in the forest 

24 inventory and analysis program. 


rfrederick on DSK6VPTVN1PROD with BILLS
1095 

•HR 1947 RH

1 (9) Understand and report on changes in land 

2 cover and use. 

3 (10) Expand existing programs to promote sus4 tainable forest stewardship through increased under5 standing, in partnership with other Federal agencies, 

6 of the over 10 million family forest owners, their de7 mographics, and the barriers to forest stewardship. 

8 (11) Implement procedures to improve the sta9 tistical precision of estimates at the sub-State level. 

10 (c) SUBMISSION OF REVISED STRATEGIC PLAN.— 

11 The Secretary of Agriculture shall submit the revised stra12 tegic plan to the Committee on Agriculture of the House 

13 of Representatives and the Committee on Agriculture, Nu14 trition, and Forestry of the Senate. 

15 SEC. 8402. FOREST SERVICE PARTICIPATION IN ACES PRO16 GRAM. 

17 The Secretary of Agriculture, acting through the 

18 Chief of the Forest Service, may use funds derived from 

19 conservation-related programs executed on National For20 est System lands to utilize the Agriculture Conservation 

21 Experienced Services Program established pursuant to 

22 section 1252 of the Food Security Act of 1985 (16 U.S.C. 

23 3851) to provide technical services for conservation-re24 lated programs and authorities carried out by the Sec25 retary on National Forest System lands. 


rfrederick on DSK6VPTVN1PROD with BILLS
1096 

•HR 1947 RH

1 TITLE IX—ENERGY 

2 SEC. 9001. DEFINITION OF RENEWABLE ENERGY SYSTEM. 

3 Section 9001 of the Farm Security and Rural Invest4 ment Act of 2002 (7 U.S.C. 8101) is amended by— 

5 (1) striking paragraph (4) and inserting the fol6 lowing new paragraph: 

7 ‘‘(4) BIOBASED PRODUCT.— 

8 ‘‘(A) IN GENERAL.—The term ‘biobased 

9 product’ means a product determined by the 

10 Secretary to be a commercial or industrial prod11 uct (other than food or feed) that is— 

12 ‘‘(i) composed, in whole or in signifi13 cant part, of biological products, including 

14 renewable domestic agricultural materials 

15 and forestry materials; or 

16 ‘‘(ii) an intermediate ingredient or 

17 feedstock. 

18 ‘‘(B) INCLUSION.—The term ‘biobased 

19 product’, with respect to forestry materials, in20 cludes forest products that meet biobased con21 tent requirements, notwithstanding the market 

22 share the product holds, the age of the product, 

23 or whether the market for the product is new 

24 or emerging.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1097 

•HR 1947 RH

1 (2) redesignating paragraphs (9), (10), (11), 

2 (12), (13), and (14) as paragraphs (10), (11), (12), 

3 (13), (14), and (16); 

4 (3) inserting after paragraph (8), the following 

5 new paragraph: 

6 ‘‘(9) FOREST PRODUCT.— 

7 ‘‘(A) IN GENERAL.—The term ‘forest prod8 uct’ means a product made from materials de9 rived from the practice of forestry or the man10 agement of growing timber. 

11 ‘‘(B) INCLUSIONS.—The term ‘forest prod12 uct’ includes— 

13 ‘‘(i) pulp, paper, paperboard, pellets, 

14 lumber, and other wood products; and 

15 ‘‘(ii) any recycled products derived 

16 from forest materials.’’; and 

17 (4) inserting after paragraph (14) (as so redes18 ignated), the following new paragraph: 

19 ‘‘(15) RENEWABLE ENERGY SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the term ‘renewable energy system’ 

22 means a system that— 

23 ‘‘(i) produces usable energy from a re24 newable energy source; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1098 

•HR 1947 RH

1 ‘‘(ii) may include distribution compo2 nents necessary to move energy produced 

3 by such system to the initial point of sale. 

4 ‘‘(B) LIMITATION.—A system described in 

5 subparagraph (A) may not include a mechanism 

6 for dispensing energy at retail.’’. 

7 SEC. 9002. BIOBASED MARKETS PROGRAM. 

8 Section 9002(h) of the Farm Security and Rural In9 vestment Act of 2002 (7 U.S.C. 8102(h)) is amended by— 

10 (1) striking ‘‘(h) FUNDING.—’’ and all that fol11 lows through ‘‘to carry out this section, there’’ and 

12 inserting ‘‘(h) FUNDING.—There’’; and 

13 (2) striking ‘‘2013’’ and inserting ‘‘2018’’. 

14 SEC. 9003. BIOREFINERY ASSISTANCE. 

15 (a) PROGRAM ADJUSTMENTS.—Section 9003 of the 

16 Farm Security and Rural Investment Act of 2002 (7 

17 U.S.C. 8103) is amended— 

18 (1) in subsection (c), by striking ‘‘to eligible en19 tities’’ and all that follows through ‘‘guarantees for 

20 loans’’ and inserting ‘‘to eligible entities guarantees 

21 for loans’’; 

22 (2) by striking subsection (d); 

23 (3) by redesignating subsections (e), (f), (g), 

24 and (h) as subsections (d), (e), (f), and (g), respec25 tively; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1099 

•HR 1947 RH

1 (4) in subsection (d) (as so redesignated)— 

2 (A) by striking ‘‘subsection (c)(2)’’ each 

3 place it appears and inserting ‘‘subsection (c)’’; 

4 and 

5 (B) in paragraph (2)(C), by striking ‘‘sub6 section (h)’’ and inserting ‘‘subsection (g)’’. 

7 (b) FUNDING.—Section 9003(g) of the Farm Secu8 rity and Rural Investment Act of 2002, as redesignated 

9 by subsection (a)(3), is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $75,000,000 for each of fiscal years 

25 2014 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1100 

•HR 1947 RH

1 SEC. 9004. REPOWERING ASSISTANCE PROGRAM. 

2 Section 9004(d) of the Farm Security and Rural In3 vestment Act of 2002 (7 U.S.C. 8104(d)) is amended— 

4 (1) by striking paragraph (1); 

5 (2) by redesignating paragraph (2) as para6 graph (1); 

7 (3) in paragraph (1) (as so redesignated)— 

8 (A) in the heading, by striking ‘‘DISCRE9 TIONARY FUNDING’’ and inserting ‘‘FISCAL

10 YEARS 2009 THROUGH 2013’’; and 

11 (B) by striking ‘‘In addition to any other 

12 funds made available to carry out this section, 

13 there’’ and inserting ‘‘There’’; and 

14 (4) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

17 There are authorized to be appropriated to carry out 

18 this section $10,000,000 for each of fiscal years 

19 2014 through 2018.’’. 

20 SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED 

21 BIOFUELS. 

22 Section 9005(g) of the Farm Security and Rural In23 vestment Act of 2002 (7 U.S.C. 8105(c)) is amended— 

24 (1) by striking paragraph (1); 

25 (2) by redesignating paragraph (2) as para26 graph (1); 


rfrederick on DSK6VPTVN1PROD with BILLS
1101 

•HR 1947 RH

1 (3) in paragraph (1) (as so redesignated)— 

2 (A) in the heading, by striking ‘‘DISCRE3 TIONARY FUNDING’’ and inserting ‘‘FISCAL

4 YEARS 2009 THROUGH 2013’’; and 

5 (B) by striking ‘‘In addition to any other 

6 funds made available to carry out this section, 

7 there’’ and inserting ‘‘There’’; and 

8 (4) by inserting after paragraph (1) (as so re9 designated) the following new paragraph: 

10 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

11 There are authorized to be appropriated to carry out 

12 this section $50,000,000 for each of fiscal years 

13 2014 through 2018.’’. 

14 SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 

15 Section 9006(d) of the Farm Security and Rural In16 vestment Act of 2002 (7 U.S.C. 8106(d)) is amended— 

17 (1) by striking paragraph (1); 

18 (2) by redesignating paragraph (2) as para19 graph (1); 

20 (3) in the heading of paragraph (1) (as so re21 designated), by striking ‘‘AUTHORIZATION OF AP22 PROPRIATIONS’’ and inserting ‘‘FISCAL YEAR 2013’’; 

23 and 

24 (4) by adding at the end the following new 

25 paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
1102 

•HR 1947 RH

1 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

2 There are authorized to be appropriated to carry out 

3 this section $2,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 

6 (a) PROGRAM ADJUSTMENTS.— 

7 (1) REPEAL OF FEASIBILITY STUDIES.—Section 

8 9007(c) of the Farm Security and Rural Investment 

9 Act of 2002 (7 U.S.C. 8107(c)) is amended by strik10 ing paragraph (3). 

11 (2) TIERED APPLICATION PROCESS.—Section 

12 9007(c) of the Farm Security and Rural Investment 

13 Act of 2002 (7 U.S.C. 8107(c)) is further amended 

14 by— 

15 (A) redesignating paragraph (2) as para16 graph (3); and 

17 (B) by inserting after paragraph (1) the 

18 following new paragraph: 

19 ‘‘(2) TIERED APPLICATION PROCESS.—In car20 rying out this subsection, the Secretary shall estab21 lish a three-tiered application, evaluation, and over22 sight process that varies based on the cost of the 

23 proposed project with the process most simplified for 

24 projects referred to in subparagraph (A), more com25 prehensive for projects referred to in subparagraph 


rfrederick on DSK6VPTVN1PROD with BILLS
1103 

•HR 1947 RH

1 (B), and most comprehensive for projects referred to 

2 in subparagraph (C). The three tiers for such proc3 ess shall be as follows: 

4 ‘‘(A) TIER 1.—Projects for which the cost 

5 of the project funded under this subsection is 

6 not more than $80,000. 

7 ‘‘(B) TIER 2.—Projects for which the cost 

8 of the project funded under this subsection is 

9 more than $80,000 but less than $200,000. 

10 ‘‘(C) TIER 3.—Projects for which the cost 

11 of the project funded under this subsection is 

12 $200,000 or more.’’. 

13 (b) FUNDING.—Section 9007(g) of the Farm Secu14 rity and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) 

15 is amended— 

16 (1) by striking paragraphs (1) and (2); 

17 (2) by redesignating paragraph (3) as para18 graph (1); 

19 (3) in paragraph (1) (as so redesignated)— 

20 (A) in the heading, by striking ‘‘DISCRE21 TIONARY FUNDING’’ and inserting ‘‘FISCAL

22 YEARS 2009 THROUGH 2013’’; and 

23 (B) by striking ‘‘In addition to any other 

24 funds made available to carry out this section, 

25 there’’ and inserting ‘‘There’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1104 

•HR 1947 RH

1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

4 There are authorized to be appropriated to carry out 

5 this section $45,000,000 for each of fiscal years 

6 2014 through 2018.’’. 

7 SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 

8 Section 9008(h) of the Farm Security and Rural In9 vestment Act of 2002 (7 U.S.C. 8108(h)) is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) in the heading, by striking ‘‘DISCRE15 TIONARY FUNDING’’ and inserting ‘‘FISCAL

16 YEARS 2009 THROUGH 2013’’; and 

17 (B) by striking ‘‘In addition to any other 

18 funds made available to carry out this section, 

19 there’’ and inserting ‘‘There’’; and 

20 (4) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

23 There are authorized to be appropriated to carry out 

24 this section $20,000,000 for each of fiscal years 

25 2014 through 2018.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1105 

•HR 1947 RH

1 SEC. 9009. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO2 ENERGY PRODUCERS. 

3 Section 9010(b) of the Farm Security and Rural In4 vestment Act of 2002 (7 U.S.C. 8110(b)) is amended— 

5 (1) in paragraph (1)(A), by striking ‘‘2013’’ 

6 and inserting ‘‘2018’’; and 

7 (2) in paragraph (2)(A), by striking ‘‘2013’’ 

8 and inserting ‘‘2018’’. 

9 SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM. 

10 Section 9011 of the Farm Security and Rural Invest11 ment Act of 2002 (7 U.S.C. 8111) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (6); and 

14 (B) by redesignating paragraphs (7) and 

15 (8) as paragraphs (6) and (7), respectively; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘Program to’’ and all that 

18 follows through ‘‘support the establishment’’ 

19 and inserting ‘‘Program to support the estab20 lishment’’; 

21 (B) by striking ‘‘; and’’ and inserting a pe22 riod; and 

23 (C) by striking paragraph (2); 

24 (3) in subsection (c)— 

25 (A) in paragraph (2)(B)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1106 

•HR 1947 RH

1 (i) in clause (viii), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (ii) by redesignating clause (ix) as 

4 clause (x); and 

5 (iii) by inserting after clause (viii) the 

6 following new clause: 

7 ‘‘(ix) existing project areas that have 

8 received funding under this section and the 

9 continuation of funding of such project 

10 areas to advance the maturity of such 

11 project areas; and’’; and 

12 (B) in paragraph (5)(C)(ii)— 

13 (i) by striking subclause (III); and 

14 (ii) by redesignating subclauses (IV) 

15 and (V) as subclauses (III) and (IV), re16 spectively; 

17 (4) by striking subsection (d); 

18 (5) by redesignating subsections (e) and (f) as 

19 subsections (d) and (e), respectively; and 

20 (6) in subsection (e) (as so redesignated)— 

21 (A) by striking paragraph (1); 

22 (B) by redesignating paragraph (2) as 

23 paragraph (1); 

24 (C) in paragraph (1) (as so redesig25 nated)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1107 

•HR 1947 RH

1 (i) by striking ‘‘FISCAL YEAR 2013’’ 

2 and all that follows through ‘‘There is au3 thorized’’ and inserting ‘‘FISCAL YEAR

4 2013.—There is authorized’’; and 

5 (ii) by redesignating subparagraph 

6 (B) as paragraph (3) and moving the mar7 gin of such paragraph (as so redesignated) 

8 two ems to the left; 

9 (D) by inserting after paragraph (1), the 

10 following new paragraph: 

11 ‘‘(2) FISCAL YEARS 2014 THROUGH 2018.— 

12 There are authorized to be appropriated to carry out 

13 this section $75,000,000 for each of fiscal years 

14 2014 through 2018.’’; and 

15 (E) in paragraph (3) (as redesignated by 

16 subparagraph (C)(ii) of this paragraph), by 

17 striking ‘‘this paragraph’’ and inserting ‘‘this 

18 subsection’’. 

19 SEC. 9011. COMMUNITY WOOD ENERGY PROGRAM. 

20 Section 9013(e) of the Farm Security and Rural In21 vestment Act of 2002 (7 U.S.C. 8113(e)) is amended by 

22 striking ‘‘carry out this section’’ and all that follows and 

23 inserting the following: ‘‘carry out this section— 

24 ‘‘(1) $5,000,000 for each of fiscal years 2009 

25 through 2013; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1108 

•HR 1947 RH

1 ‘‘(2) $2,000,000 for each of fiscal years 2014 

2 through 2018.’’. 

3 SEC. 9012. REPEAL OF BIOFUELS INFRASTRUCTURE STUDY. 

4 Section 9002 of the Food, Conservation, and Energy 

5 Act of 2008 (Public Law 110–246; 122 Stat. 2095) is re6 pealed. 

7 SEC. 9013. REPEAL OF RENEWABLE FERTILIZER STUDY. 

8 Section 9003 of the Food, Conservation, and Energy 

9 Act of 2008 (Public Law 110–246; 122 Stat. 2096) is re10 pealed. 

11 TITLE X—HORTICULTURE 

12 SEC. 10001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 

13 Section 10107(b) of the Food, Conservation, and En14 ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by strik15 ing ‘‘2012’’ and inserting ‘‘2018’’. 

16 SEC. 10002. REPEAL OF GRANT PROGRAM TO IMPROVE 

17 MOVEMENT OF SPECIALTY CROPS. 

18 Effective October 1, 2013, section 10403 of the Food, 

19 Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) 

20 is repealed. 

21 SEC. 10003. FARMERS MARKET AND LOCAL FOOD PRO22 MOTION PROGRAM. 

23 Section 6 of the Farmer-to-Consumer Direct Mar24 keting Act of 1976 (7 U.S.C. 3005) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1109 

•HR 1947 RH

1 (1) in the heading of such section, by inserting 

2 ‘‘AND LOCAL FOOD’’ after ‘‘FARMERS’ MAR3 KET’’; 

4 (2) in subsection (a)— 

5 (A) by inserting ‘‘and Local Food’’ after 

6 ‘‘Farmers’ Market’’; 

7 (B) by striking ‘‘farmers’ markets and to 

8 promote’’; and 

9 (C) by striking the period and inserting 

10 ‘‘and assist in the development of local food 

11 business enterprises.’’; 

12 (3) by striking subsection (b) and inserting the 

13 following new subsection: 

14 ‘‘(b) PROGRAM PURPOSES.—The purposes of the 

15 Program are to increase domestic consumption of, and 

16 consumer access to, locally and regionally produced agri17 cultural products by assisting in the development, im18 provement, and expansion of— 

19 ‘‘(1) domestic farmers’ markets, roadside 

20 stands, community-supported agriculture programs, 

21 agritourism activities, and other direct producer-to22 consumer market opportunities; and 

23 ‘‘(2) local and regional food business enter24 prises that process, distribute, aggregate, and store 

25 locally or regionally produced food products.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1110 

•HR 1947 RH

1 (4) in subsection (c)(1)— 

2 (A) by inserting ‘‘or other agricultural 

3 business entity’’ after ‘‘cooperative’’; and 

4 (B) by inserting ‘‘, including a community 

5 supported agriculture network or association’’ 

6 after ‘‘association’’; 

7 (5) by redesignating subsection (e) as sub8 section (f); 

9 (6) by inserting after subsection (d) the fol10 lowing new subsection: 

11 ‘‘(e) FUNDS REQUIREMENTS FOR ELIGIBLE ENTI12 TIES.— 

13 ‘‘(1) MATCHING FUNDS.—An entity receiving a 

14 grant under this section for a project to carry out 

15 a purpose described in subsection (b)(2) shall pro16 vide matching funds in the form of cash or an in17 kind contribution in an amount equal to 25 percent 

18 of the total cost of such project. 

19 ‘‘(2) LIMITATION ON USE OF FUNDS.—An eligi20 ble entity may not use a grant or other assistance 

21 provided under this section for the purchase, con22 struction, or rehabilitation of a building or struc23 ture.’’; and 

24 (7) in subsection (f) (as redesignated by para25 graph (5))— 


rfrederick on DSK6VPTVN1PROD with BILLS
1111 

•HR 1947 RH

1 (A) in paragraph (1)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘and’’ at the end; 

4 (ii) in subparagraph (C), by striking 

5 the period at the end and inserting ‘‘; 

6 and’’; and 

7 (iii) by adding at the end the fol8 lowing new subparagraph: 

9 ‘‘(D) $30,000,000 for each of fiscal years 

10 2014 through 2018.’’; 

11 (B) by striking paragraphs (3) and (5); 

12 (C) by redesignating paragraph (4) as 

13 paragraph (6); and 

14 (D) by inserting after paragraph (2) the 

15 following new paragraphs: 

16 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to carry out 

18 this section $10,000,000 for each of fiscal years 

19 2014 through 2018. 

20 ‘‘(4) USE OF FUNDS.—Of the funds made avail21 able to carry out this section for a fiscal year, 50 

22 percent of such funds shall be used for the purposes 

23 described in paragraph (1) of subsection (b) and 50 

24 percent of such funds shall be used for the purposes 

25 described in paragraph (2) of such subsection. 


rfrederick on DSK6VPTVN1PROD with BILLS
1112 

•HR 1947 RH

1 ‘‘(5) LIMITATION ON ADMINISTRATIVE EX2 PENSES.—Not more than 3 percent of the total 

3 amount made available to carry out this section for 

4 a fiscal year may be used for administrative ex5 penses.’’. 

6 SEC. 10004. ORGANIC AGRICULTURE. 

7 (a) ORGANIC PRODUCTION AND MARKET DATA INI8 TIATIVES.—Section 7407(d)(2) of the Farm Security and 

9 Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is 

10 amended— 

11 (1) in the heading of such paragraph, by strik12 ing ‘‘2012’’ and inserting ‘‘2018’’; and 

13 (2) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

14 (b) MODERNIZATION AND TECHNOLOGY UPGRADE

15 FOR NATIONAL ORGANIC PROGRAM.—Section 2122 of the 

16 Organic Foods Production Act of 1990 (7 U.S.C. 6521) 

17 is amended by adding at the end the following new sub18 section: 

19 ‘‘(c) MODERNIZATION AND TECHNOLOGY UPGRADE

20 FOR NATIONAL ORGANIC PROGRAM.—The Secretary shall 

21 modernize database and technology systems of the na22 tional organic program.’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS FOR NA24 TIONAL ORGANIC PROGRAM.—Effective October 1, 2013, 

25 section 2123(b)(6) of the Organic Foods Production Act 


rfrederick on DSK6VPTVN1PROD with BILLS
1113 

•HR 1947 RH

1 of 1990 (7 U.S.C. 6522(b)(6)) is amended to read as fol2 lows: 

3 ‘‘(6) $11,000,000 for each of fiscal years 2014 

4 through 2018.’’. 

5 (d) NATIONAL ORGANIC CERTIFICATION COST6 SHARE PROGRAM.—Effective October 1, 2013, section 

7 10606 of the Farm Security and Rural Investment Act 

8 of 2002 (7 U.S.C. 6523) is repealed. 

9 SEC. 10005. INVESTIGATIONS AND ENFORCEMENT OF THE 

10 ORGANIC FOODS PRODUCTION ACT OF 1990. 

11 The Organic Foods Production Act of 1990 is amend12 ed by inserting after section 2122 (7 U.S.C. 6521) the 

13 following new section: 

14 ‘‘SEC. 2122A. INVESTIGATION AND ENFORCEMENT. 

15 ‘‘(a) EXPEDITED ADMINISTRATIVE HEARING.—The 

16 Secretary shall establish an expedited administrative hear17 ing procedure under which the Secretary may suspend or 

18 revoke the organic certification of a producer or handler 

19 or the accreditation of a certifying agent in accordance 

20 with subsection (d). Such a hearing may be conducted in 

21 addition to a hearing conducted pursuant to section 2120. 

22 ‘‘(b) INVESTIGATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary may take 

24 such investigative actions as the Secretary considers 

25 to be necessary to carry out this title— 


rfrederick on DSK6VPTVN1PROD with BILLS
1114 

•HR 1947 RH

1 ‘‘(A) to verify the accuracy of any informa2 tion reported or made available under this title; 

3 and 

4 ‘‘(B) to determine, with regard to actions, 

5 practices, or information required under this 

6 title, whether a person covered by this title has 

7 committed a violation of this title. 

8 ‘‘(2) INVESTIGATIVE POWERS.—The Secretary 

9 may administer oaths and affirmations, subpoena 

10 witnesses, compel attendance of witnesses, take evi11 dence, and require the production of any records re12 quired to be maintained under section 2112(d) or 

13 2116(c) that are relevant to the investigation. 

14 ‘‘(c) UNLAWFUL ACT.—It shall be unlawful and a 

15 violation of this title for any person covered by this title— 

16 ‘‘(1) to refuse to provide information required 

17 by the Secretary under this title; or 

18 ‘‘(2) to violate— 

19 ‘‘(A) a suspension or revocation of the or20 ganic certification of a producer or handler; or 

21 ‘‘(B) a suspension or revocation of the ac22 creditation of a certifying agent. 

23 ‘‘(d) ENFORCEMENT.— 

24 ‘‘(1) SUSPENSION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
1115 

•HR 1947 RH

1 ‘‘(A) IN GENERAL.—The Secretary may, 

2 after notice and opportunity for an expedited 

3 administrative hearing, suspend the organic cer4 tification of a producer, handler or the accredi5 tation of a certifying agent if— 

6 ‘‘(i) the Secretary, during such expe7 dited administrative hearing, proved that— 

8 ‘‘(I) in the case of a producer or 

9 handler, the producer or handler— 

10 ‘‘(aa) has recklessly com11 mitted a violation of a term, con12 dition, or requirement of the or13 ganic plan to which the producer 

14 or handler is subject; or 

15 ‘‘(bb) has recklessly com16 mitted, or is recklessly commit17 ting, a violation of this title; or 

18 ‘‘(II) in the case of a certifying 

19 agent, the agent has recklessly com20 mitted, or is recklessly committing, a 

21 violation of this title; or 

22 ‘‘(ii) the producer, handler, or certi23 fying agent has waived such expedited ad24 ministrative hearing. 


rfrederick on DSK6VPTVN1PROD with BILLS
1116 

•HR 1947 RH

1 ‘‘(B) ISSUANCE OF SUSPENSION.—A sus2 pension issued under this paragraph shall be 

3 issued not later than five days after the date on 

4 which— 

5 ‘‘(i) the expedited administrative hear6 ing referred to in clause (i) of subpara7 graph (A) concludes; or 

8 ‘‘(ii) the Secretary receives notice of 

9 the waiver referred to in clause (ii) of such 

10 subparagraph. 

11 ‘‘(C) DURATION OF SUSPENSION.—The pe12 riod of a suspension issued under this para13 graph shall be not more than 90 days, begin14 ning on the date on which the Secretary issues 

15 the suspension. 

16 ‘‘(D) CURING OF VIOLATIONS.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 may not issue a suspension of a certifi19 cation or accreditation under this para20 graph if the producer, handler, or certi21 fying agent subject to such suspension— 

22 ‘‘(I) before the date on which the 

23 suspension would otherwise have been 

24 issued, cures, or corrects the defi25 ciency giving rise to, the violation for 


rfrederick on DSK6VPTVN1PROD with BILLS
1117 

•HR 1947 RH

1 which the certification or accreditation 

2 would have been suspended; or 

3 ‘‘(II) within a reasonable time4 frame (as determined by the Sec5 retary), enters into a settlement with 

6 the Secretary regarding a deficiency 

7 referred to in subclause (I). 

8 ‘‘(ii) DURING SUSPENSION.—The Sec9 retary shall terminate the suspension of an 

10 organic certification or accreditation issued 

11 under this paragraph if the producer, han12 dler, or certifying agent subject to such 

13 suspension cures the violation for which 

14 the certification or accreditation was sus15 pended under such subparagraph before 

16 the date on which the period of the suspen17 sion ends. 

18 ‘‘(2) REVOCATION.— 

19 ‘‘(A) IN GENERAL.—The Secretary may, 

20 after notice and opportunity for an expedited 

21 administrative hearing under this section and 

22 an expedited administrative appeal under sec23 tion 2121, revoke the organic certification of a 

24 producer or handler, or the accreditation of a 

25 certifying agent if— 


rfrederick on DSK6VPTVN1PROD with BILLS
1118 

•HR 1947 RH

1 ‘‘(i) the Secretary, during such hear2 ing, proved that— 

3 ‘‘(I) in the case of a producer or 

4 handler, the producer or handler— 

5 ‘‘(aa) has knowingly com6 mitted an egregious violation of a 

7 term, condition, or requirement 

8 of the organic plan to which the 

9 producer or handler is subject; or 

10 ‘‘(bb) has knowingly com11 mitted, or is knowingly commit12 ting, an egregious violation of 

13 this title; or 

14 ‘‘(II) in the case of a certifying 

15 agent, the agent has knowingly com16 mitted, or is knowingly committing, 

17 an egregious violation of this title; or 

18 ‘‘(ii) the producer, handler, or certi19 fying agent has waived such expedited ad20 ministrative hearing and such an expedited 

21 administrative appeal. 

22 ‘‘(B) INITIATION OF REVOCATION PRO23 CEEDINGS.— 

24 ‘‘(i) IN GENERAL.—If the Secretary 

25 finds, during an investigation or during the 


rfrederick on DSK6VPTVN1PROD with BILLS
1119 

•HR 1947 RH

1 period of a suspension under paragraph 

2 (1), that a producer, handler, or certifying 

3 agent has knowingly committed an egre4 gious violation of this title, the Secretary 

5 shall initiate revocation proceedings with 

6 respect to such violation not later than 30 

7 days after the date on which the producer, 

8 handler, or certifying agent receives notice 

9 of such finding in accordance with clause 

10 (ii). The Secretary may not initiate revoca11 tion proceedings with respect to such viola12 tion after the date on which that 30-day 

13 period ends. 

14 ‘‘(ii) NOTICE.—Not later than five 

15 days after the date on which the Secretary 

16 makes the finding described in clause (i), 

17 the Secretary shall provide to the producer, 

18 handler, or certifying agent notice of such 

19 finding. 

20 ‘‘(e) APPEAL.— 

21 ‘‘(1) SUSPENSIONS.— 

22 ‘‘(A) IN GENERAL.—The suspension of a 

23 certification or accreditation under subsection 

24 (d)(1) by the Secretary may be appealed to a 

25 United States district court in accordance with 


rfrederick on DSK6VPTVN1PROD with BILLS
1120 

•HR 1947 RH

1 section 2121(b) not later than 30 business days 

2 after the date on which the person subject to 

3 such suspension receives notice of the suspen4 sion. 

5 ‘‘(B) SUSPENSION FINAL AND CONCLU6 SIVE.—A suspension of a certification or ac7 creditation under subsection (d)(1) by the Sec8 retary shall be final and conclusive— 

9 ‘‘(i) in the case of a suspension that 

10 is appealed under subparagraph (A) within 

11 the 30-day period specified in such sub12 paragraph, on the date on which judicial 

13 review of such suspension is complete; or 

14 ‘‘(ii) in the case of a suspension that 

15 is not so appealed, the date on which such 

16 30-day period ends. 

17 ‘‘(2) REVOCATIONS.— 

18 ‘‘(A) IN GENERAL.—The revocation of a 

19 certification or an accreditation under sub20 section (d)(2) by the Secretary may be appealed 

21 to a United States district court in accordance 

22 with section 2121(b) not later than 30 business 

23 days after the date on which the person subject 

24 to such revocation receives notice of the revoca25 tion. 


rfrederick on DSK6VPTVN1PROD with BILLS
1121 

•HR 1947 RH

1 ‘‘(B) REVOCATION FINAL AND CONCLU2 SIVE.—A revocation of a certification or an ac3 creditation under subsection (d)(2) by the Sec4 retary shall be final and conclusive— 

5 ‘‘(i) in the case of a revocation that is 

6 appealed under subparagraph (A) within 

7 the 30-day period specified in such sub8 paragraph, on the date on which judicial 

9 review of such revocation is complete; or 

10 ‘‘(ii) in the case of a revocation that 

11 is not so appealed, the date on which such 

12 30-day period ends. 

13 ‘‘(3) STANDARDS FOR REVIEW OF SUSPENSIONS

14 AND REVOCATIONS.—A suspension or revocation of a 

15 certification or an accreditation under subsection (d) 

16 shall be reviewed in accordance with the standards 

17 of review specified in section 706(2) of title 5, 

18 United States Code. 

19 ‘‘(f) NONCOMPLIANCE.— 

20 ‘‘(1) IN GENERAL.—If a person covered by this 

21 title fails to obey a revocation of a certification or 

22 an accreditation under subsection (d)(2) after such 

23 revocation has become final and conclusive or after 

24 the appropriate United States district court has en25 tered a final judgment in favor of the Secretary, the 


rfrederick on DSK6VPTVN1PROD with BILLS
1122 

•HR 1947 RH

1 United States may apply to the appropriate United 

2 States district court for enforcement of such revoca3 tion. 

4 ‘‘(2) ENFORCEMENT.—If the court determines 

5 that the revocation was lawfully made and duly 

6 served and that the person violated the revocation, 

7 the court shall enforce the revocation. 

8 ‘‘(3) CIVIL PENALTY.—If the court finds that 

9 the person violated the revocation of a certification 

10 or an accreditation under subsection (d)(2), the per11 son shall be subject to one or more of the penalties 

12 provided in subsections (a) and (b) of section 2120. 

13 ‘‘(g) VIOLATION OF THIS TITLE DEFINED.—In this 

14 section, the term ‘violation of this title’ means a violation 

15 specified in section 2120.’’. 

16 SEC. 10006. FOOD SAFETY EDUCATION INITIATIVES. 

17 Section 10105(c) of the Food, Conservation, and En18 ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by strik19 ing ‘‘2012’’ and inserting ‘‘2018’’. 

20 SEC. 10007. SPECIALTY CROP BLOCK GRANTS. 

21 Section 101 of the Specialty Crops Competitiveness 

22 Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) 

23 is amended— 

24 (1) in subsection (a)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1123 

•HR 1947 RH

1 (A) by striking ‘‘subsection (j)’’ and insert2 ing ‘‘subsection (l)’’; and 

3 (B) by striking ‘‘2012’’ and inserting 

4 ‘‘2018’’; 

5 (2) by striking subsection (b) and inserting the 

6 following new subsection: 

7 ‘‘(b) GRANTS BASED ON VALUE AND ACREAGE.— 

8 Subject to subsection (c), for each State whose application 

9 for a grant for a fiscal year that is accepted by the Sec10 retary under subsection (f), the amount of the grant for 

11 such fiscal year to the State under this section shall bear 

12 the same ratio to the total amount made available under 

13 subsection (l)(1) for such fiscal year as— 

14 ‘‘(1) the average of the most recent available 

15 value of specialty crop production in the State and 

16 the acreage of specialty crop production in the State, 

17 as demonstrated in the most recent Census of Agri18 culture data; bears to 

19 ‘‘(2) the average of the most recent available 

20 value of specialty crop production in all States and 

21 the acreage of specialty crop production in all 

22 States, as demonstrated in the most recent Census 

23 of Agriculture data.’’; 

24 (3) by redesignating subsection (j) as sub25 section (l); 


rfrederick on DSK6VPTVN1PROD with BILLS
1124 

•HR 1947 RH

1 (4) by inserting after subsection (i) the fol2 lowing new subsections: 

3 ‘‘(j) MULTISTATE PROJECTS.—Not later than 180 

4 days after the effective date of the Federal Agriculture 

5 Reform and Risk Management Act of 2013, the Secretary 

6 of Agriculture shall issue guidance for the purpose of mak7 ing grants to multistate projects under this section for 

8 projects involving— 

9 ‘‘(1) food safety; 

10 ‘‘(2) plant pests and disease; 

11 ‘‘(3) research; 

12 ‘‘(4) crop-specific projects addressing common 

13 issues; and 

14 ‘‘(5) any other area that furthers the purposes 

15 of this section, as determined by the Secretary. 

16 ‘‘(k) ADMINISTRATION.— 

17 ‘‘(1) DEPARTMENT.—The Secretary of Agri18 culture may not use more than 3 percent of the 

19 funds made available to carry out this section for a 

20 fiscal year for administrative expenses. 

21 ‘‘(2) STATES.—A State receiving a grant under 

22 this section may not use more than 8 percent of the 

23 funds received under the grant for a fiscal year for 

24 administrative expenses.’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1125 

•HR 1947 RH

1 (5) in subsection (l) (as redesignated by para2 graph (3))— 

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

4 and (3) as subparagraphs (A), (B), and (C), re5 spectively, and moving the margins of such sub6 paragraphs two ems to the right; 

7 (B) by striking ‘‘Of the funds’’ and insert8 ing the following: 

9 ‘‘(1) IN GENERAL.—Of the funds’’; 

10 (C) in paragraph (1) (as so designated)— 

11 (i) in subparagraph (B) (as redesig12 nated by subparagraph (A)), by striking 

13 ‘‘and’’ at the end; 

14 (ii) in subparagraph (C) (as redesig15 nated by subparagraph (A)), by striking 

16 the period at the end and inserting a semi17 colon; and 

18 (iii) by adding at the end the fol19 lowing new subparagraphs: 

20 ‘‘(D) $72,500,000 for fiscal years 2014 

21 through 2017; and 

22 ‘‘(E) $85,000,000 for fiscal year 2018.’’; 

23 and 

24 (D) by adding at the end the following new 

25 paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
1126 

•HR 1947 RH

1 ‘‘(2) MULTISTATE PROJECTS.—Of the funds 

2 made available under paragraph (1), the Secretary 

3 may use to carry out subsection (j), to remain avail4 able until expended— 

5 ‘‘(A) $1,000,000 for fiscal year 2014; 

6 ‘‘(B) $2,000,000 for fiscal year 2015; 

7 ‘‘(C) $3,000,000 for fiscal year 2016; 

8 ‘‘(D) $4,000,000 for fiscal year 2017; and 

9 ‘‘(E) $5,000,000 for fiscal year 2018.’’. 

10 SEC. 10008. REPORT ON HONEY. 

11 (a) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of Agriculture, 

13 in consultation with persons affected by the potential es14 tablishment of a Federal standard for the identity of 

15 honey, shall submit to the Commissioner of Food and 

16 Drugs a report describing how an appropriate Federal 

17 standard for the identity of honey would be in the interest 

18 of consumers, the honey industry, and United States agri19 culture. 

20 (b) CONSIDERATIONS.—In preparing the report re21 quired under subsection (a), the Secretary shall take into 

22 consideration the March 2006, Standard of Identity citi23 zens petition filed with the Food and Drug Administra24 tion, including any current industry amendments or clari25 fications necessary to update such petition. 


rfrederick on DSK6VPTVN1PROD with BILLS
1127 

•HR 1947 RH

1 SEC. 10009. BULK SHIPMENTS OF APPLES TO CANADA. 

2 (a) BULK SHIPMENT OF APPLES TO CANADA.—Sec3 tion 4 of the Export Apple Act (7 U.S.C. 584) is amend4 ed— 

5 (1) by striking ‘‘Apples in’’ and inserting ‘‘(a) 

6 Apples in’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(b) Apples may be shipped to Canada in bulk bins 

10 without complying with the provisions of this Act.’’. 

11 (b) DEFINITION OF BULK BIN.—Section 9 of the Ex12 port Apple Act (7 U.S.C. 589) is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(5) The term ‘bulk bin’ means a bin that contains 

15 a quantity of apples weighing more than 100 pounds.’’. 

16 (c) REGULATIONS.—Not later than 60 days after the 

17 date of the enactment of this Act, the Secretary of Agri18 culture shall issue regulations to carry out the amend19 ments made by this section. 

20 SEC. 10010. INCLUSION OF OLIVE OIL IN IMPORT CON21 TROLS UNDER THE AGRICULTURAL ADJUST22 MENT ACT. 

23 Section 8e(a) of the Agricultural Adjustment Act (7 

24 U.S.C. 608e–1(a)) is amended by inserting ‘‘olive oil,’’ 

25 after ‘‘olives (other than Spanish-style green olives),’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1128 

•HR 1947 RH

1 SEC. 10011. CONSOLIDATION OF PLANT PEST AND DISEASE 

2 MANAGEMENT AND DISASTER PREVENTION 

3 PROGRAMS. 

4 (a) RELOCATION OF LEGISLATIVE LANGUAGE RE5 LATING TO NATIONAL CLEAN PLANT NETWORK.—Section 

6 420 of the Plant Protection Act (7 U.S.C. 7721) is amend7 ed— 

8 (1) by redesignating subsection (e) as sub9 section (f); and 

10 (2) by inserting after subsection (d) the fol11 lowing new subsection: 

12 ‘‘(e) NATIONAL CLEAN PLANT NETWORK.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish a program to be known as the ‘National Clean 

15 Plant Network’ (referred to in this subsection as the 

16 ‘Program’). 

17 ‘‘(2) REQUIREMENTS.—Under the Program, the 

18 Secretary shall establish a network of clean plant 

19 centers for diagnostic and pathogen elimination serv20 ices— 

21 ‘‘(A) to produce clean propagative plant 

22 material; and 

23 ‘‘(B) to maintain blocks of pathogen-tested 

24 plant material in sites located throughout the 

25 United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
1129 

•HR 1947 RH

1 ‘‘(3) AVAILABILITY OF CLEAN PLANT SOURCE

2 MATERIAL.—Clean plant source material produced 

3 or maintained under the Program may be made 

4 available to— 

5 ‘‘(A) a State for a certified plant program 

6 of the State; and 

7 ‘‘(B) private nurseries and producers. 

8 ‘‘(4) CONSULTATION AND COLLABORATION.—In 

9 carrying out the Program, the Secretary shall— 

10 ‘‘(A) consult with— 

11 ‘‘(i) State departments of agriculture; 

12 and 

13 ‘‘(ii) land-grant colleges and univer14 sities and NLGCA Institutions (as those 

15 terms are defined in section 1404 of the 

16 National Agricultural Research, Extension, 

17 and Teaching Policy Act of 1977 (7 U.S.C. 

18 3103)); and 

19 ‘‘(B) to the extent practicable and with 

20 input from the appropriate State officials and 

21 industry representatives, use existing Federal or 

22 State facilities to serve as clean plant centers. 

23 ‘‘(5) FUNDING FOR FISCAL YEAR 2013.—There 

24 is authorized to be appropriated to carry out the 

25 Program $5,000,000 for fiscal year 2013.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1130 

•HR 1947 RH

1 (b) FUNDING.—Subsection (f) of section 420 of the 

2 Plant Protection Act (7 U.S.C. 7721) (as so redesignated) 

3 is amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (4), by striking ‘‘and each fis7 cal year thereafter.’’ and inserting a semicolon; and 

8 (3) by adding at the end the following new 

9 paragraphs: 

10 ‘‘(5) $62,500,000 for fiscal years 2014 through 

11 2017; and 

12 ‘‘(6) $75,000,000 for fiscal year 2018.’’. 

13 (c) REPEAL OF EXISTING PROVISION.—Effective Oc14 tober 1, 2013, section 10202 of the Food, Conservation, 

15 and Energy Act of 2008 (7 U.S.C. 7761) is repealed. 

16 (d) CLARIFICATION OF USE OF FUNDS FOR TECH17 NICAL ASSISTANCE.—Section 420 of the Plant Protection 

18 Act (7 U.S.C. 7721) (as amended by subsection (a)) is 

19 amended by adding at the end the following new sub20 section: 

21 ‘‘(g) RELATIONSHIP TO OTHER LAW.—The use of 

22 Commodity Credit Corporation funds under this section 

23 to provide technical assistance shall not be considered an 

24 allotment or fund transfer from the Commodity Credit 

25 Corporation for purposes of the limit on expenditures for 


rfrederick on DSK6VPTVN1PROD with BILLS
1131 

•HR 1947 RH

1 technical assistance imposed by section 11 of the Com2 modity Credit Corporation Charter Act (15 U.S.C. 

3 714i).’’. 

4 SEC. 10012. MODIFICATION, CANCELLATION, OR SUSPEN5 SION ON BASIS OF A BIOLOGICAL OPINION. 

6 (a) IN GENERAL.—Except in the case of a voluntary 

7 request from a pesticide registrant to amend a registration 

8 under section 3 of the Federal Insecticide, Fungicide, and 

9 Rodenticide Act (7 U.S.C. 136a), a registration of a pes10 ticide may be modified, canceled, or suspended on the 

11 basis of the implementation of a Biological Opinion issued 

12 by the National Marine Fisheries Service or the United 

13 States Fish and Wildlife Service prior to the date of com14 pletion of the study referred to in subsection (b), or Janu15 ary 1, 2015, whichever is earlier, only if— 

16 (1) the modification, cancellation, or suspension 

17 is undertaken pursuant to section 6 of such Act (7 

18 U.S.C. 136d); and 

19 (2) the Biological Opinion complies with the 

20 recommendations contained in the study referred to 

21 in subsection (b). 

22 (b) NATIONAL ACADEMY OF SCIENCES STUDY.—The 

23 study commissioned by the Administrator of the Environ24 mental Protection Agency on March 10, 2011, shall in25 clude, at a minimum, each of the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
1132 

•HR 1947 RH

1 (1) A formal, independent, and external peer 

2 review, consistent with Office of Management and 

3 Budget policies, of each Biological Opinion described 

4 in subsection (a). 

5 (2) Assessment of economic impacts of meas6 ures or alternatives recommended in each such Bio7 logical Opinion. 

8 (3) An examination of the specific scientific and 

9 procedural questions and issues pertaining to eco10 nomic feasibility contained in the June 23, 2011, let11 ter sent to the Administrator (and other Federal of12 ficials) by the Chairmen of the Committee on Agri13 culture, the Committee on Natural Resources, and 

14 the Subcommittee on Interior, Environment, and 

15 Related Agencies of the Committee on Appropria16 tions, of the House of Representatives. 

17 SEC. 10013. USE AND DISCHARGES OF AUTHORIZED PES18 TICIDES. 

19 (a) SHORT TITLE.—This section may be cited as the 

20 ‘‘Reducing Regulatory Burdens Act of 2013’’. 

21 (b) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 

22 of the Federal Insecticide, Fungicide, and Rodenticide Act 

23 (7 U.S.C. 136a(f)) is amended by adding at the end the 

24 following: 


rfrederick on DSK6VPTVN1PROD with BILLS
1133 

•HR 1947 RH

1 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex2 cept as provided in section 402(s) of the Federal 

3 Water Pollution Control Act, the Administrator or a 

4 State may not require a permit under such Act for 

5 a discharge from a point source into navigable 

6 waters of a pesticide authorized for sale, distribu7 tion, or use under this Act, or the residue of such 

8 a pesticide, resulting from the application of such 

9 pesticide.’’. 

10 (c) DISCHARGES OF PESTICIDES.—Section 402 of 

11 the Federal Water Pollution Control Act (33 U.S.C. 1342) 

12 is amended by adding at the end the following: 

13 ‘‘(s) DISCHARGES OF PESTICIDES.— 

14 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

15 provided in paragraph (2), a permit shall not be re16 quired by the Administrator or a State under this 

17 Act for a discharge from a point source into navi18 gable waters of a pesticide authorized for sale, dis19 tribution, or use under the Federal Insecticide, Fun20 gicide, and Rodenticide Act, or the residue of such 

21 a pesticide, resulting from the application of such 

22 pesticide. 

23 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

24 apply to the following discharges of a pesticide or 

25 pesticide residue: 


rfrederick on DSK6VPTVN1PROD with BILLS
1134 

•HR 1947 RH

1 ‘‘(A) A discharge resulting from the appli2 cation of a pesticide in violation of a provision 

3 of the Federal Insecticide, Fungicide, and 

4 Rodenticide Act that is relevant to protecting 

5 water quality, if— 

6 ‘‘(i) the discharge would not have oc7 curred but for the violation; or 

8 ‘‘(ii) the amount of pesticide or pes9 ticide residue in the discharge is greater 

10 than would have occurred without the vio11 lation. 

12 ‘‘(B) Stormwater discharges subject to reg13 ulation under subsection (p). 

14 ‘‘(C) The following discharges subject to 

15 regulation under this section: 

16 ‘‘(i) Manufacturing or industrial efflu17 ent. 

18 ‘‘(ii) Treatment works effluent. 

19 ‘‘(iii) Discharges incidental to the nor20 mal operation of a vessel, including a dis21 charge resulting from ballasting operations 

22 or vessel biofouling prevention.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1135 

•HR 1947 RH

1 TITLE XI—CROP INSURANCE 

2 SEC. 11001. INFORMATION SHARING. 

3 Section 502(c) of the Federal Crop Insurance Act (7 

4 U.S.C. 1502(c)) is amended by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(4) INFORMATION.— 

7 ‘‘(A) REQUEST.—Subject to subparagraph 

8 (B), the Farm Service Agency shall, in a timely 

9 manner, provide to an agent or an approved in10 surance provider authorized by the producer 

11 any information (including Farm Service Agen12 cy Form 578s (or any successor form) or maps 

13 (or any corrections to those forms or maps) 

14 that may assist the agent or approved insurance 

15 provider in insuring the producer under a policy 

16 or plan of insurance under this subtitle. 

17 ‘‘(B) PRIVACY.—Except as provided in 

18 subparagraph (C), an agent or approved insur19 ance provider that receives the information of a 

20 producer pursuant to subparagraph (A) shall 

21 treat the information in accordance with para22 graph (1). 

23 ‘‘(C) SHARING.—Nothing in this section 

24 prohibits the sharing of the information of a 

25 producer pursuant to subparagraph (A) beVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01135 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1136 

•HR 1947 RH

1 tween the agent and the approved insurance 

2 provider of the producer.’’. 

3 SEC. 11002. PUBLICATION OF INFORMATION ON VIOLA4 TIONS OF PROHIBITION ON PREMIUM AD5 JUSTMENTS. 

6 Section 508(a)(9) of the Federal Crop Insurance Act 

7 (7 U.S.C. 1508(a)(9)) is amended by adding at the end 

8 the following new subparagraph: 

9 ‘‘(C) PUBLICATION OF VIOLATIONS.— 

10 ‘‘(i) PUBLICATION REQUIRED.—Sub11 ject to clause (ii), the Corporation shall 

12 publish in a timely manner on the website 

13 of the Risk Management Agency informa14 tion regarding each violation of this para15 graph, including any sanctions imposed in 

16 response to the violation, in sufficient de17 tail so that the information may serve as 

18 effective guidance to approved insurance 

19 providers, agents, and producers. 

20 ‘‘(ii) PROTECTION OF PRIVACY.—In 

21 providing information under clause (i) re22 garding violations of this paragraph, the 

23 Corporation shall redact the identity of the 

24 persons and entities committing the viola25 tions in order to protect their privacy.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1137 

•HR 1947 RH

1 SEC. 11003. SUPPLEMENTAL COVERAGE OPTION. 

2 (a) AVAILABILITY OF SUPPLEMENTAL COVERAGE

3 OPTION.—Paragraph (3) of section 508(c) of the Federal 

4 Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read 

5 as follows: 

6 ‘‘(3) YIELD AND LOSS BASIS OPTIONS.—A pro7 ducer shall have the option of purchasing additional 

8 coverage based on— 

9 ‘‘(A)(i) an individual yield and loss basis; 

10 or 

11 ‘‘(ii) an area yield and loss basis; 

12 ‘‘(B) an individual yield and loss basis, 

13 supplemented with coverage based on an area 

14 yield and loss basis to cover a part of the de15 ductible under the individual yield and loss pol16 icy, as described in paragraph (4)(C); or 

17 ‘‘(C) a margin basis alone or in combina18 tion with the coverages available in subpara19 graph (A) or (B).’’. 

20 (b) LEVEL OF COVERAGE.—Paragraph (4) of section 

21 508(c) of the Federal Crop Insurance Act (7 U.S.C. 

22 1508(c)) is amended to read as follows: 

23 ‘‘(4) LEVEL OF COVERAGE.— 

24 ‘‘(A) DOLLAR DENOMINATION AND PER25 CENTAGE OF YIELD.—Except as provided in 

26 subparagraph (C), the level of coverage— 


rfrederick on DSK6VPTVN1PROD with BILLS
1138 

•HR 1947 RH

1 ‘‘(i) shall be dollar denominated; and 

2 ‘‘(ii) may be purchased at any level 

3 not to exceed 85 percent of the individual 

4 yield or 95 percent of the area yield (as de5 termined by the Corporation). 

6 ‘‘(B) INFORMATION.—The Corporation 

7 shall provide producers with information on cat8 astrophic risk and additional coverage in terms 

9 of dollar coverage (within the allowable limits of 

10 coverage provided in this paragraph). 

11 ‘‘(C) SUPPLEMENTAL COVERAGE OP12 TION.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subparagraph (A), in the case of the sup15 plemental coverage option described in 

16 paragraph (3)(B), the Corporation shall 

17 offer producers the opportunity to pur18 chase coverage in combination with a pol19 icy or plan of insurance offered under this 

20 subtitle that would allow indemnities to be 

21 paid to a producer equal to a part of the 

22 deductible under the policy or plan of in23 surance— 

24 ‘‘(I) at a county-wide level to the 

25 fullest extent practicable; or 


rfrederick on DSK6VPTVN1PROD with BILLS
1139 

•HR 1947 RH

1 ‘‘(II) in counties that lack suffi2 cient data, on the basis of such larger 

3 geographical area as the Corporation 

4 determines to provide sufficient data 

5 for purposes of providing the cov6 erage. 

7 ‘‘(ii) TRIGGER.—Coverage offered 

8 under paragraph (3)(B) and clause (i) 

9 shall be triggered only if the losses in the 

10 area exceed 10 percent of normal levels (as 

11 determined by the Corporation). 

12 ‘‘(iii) COVERAGE.—Subject to the trig13 ger described in clause (ii), coverage of14 fered under paragraph (3)(B) and clause 

15 (i) shall not exceed the difference be16 tween— 

17 ‘‘(I) 90 percent; and 

18 ‘‘(II) the coverage level selected 

19 by the producer for the underlying 

20 policy or plan of insurance. 

21 ‘‘(iv) INELIGIBLE CROPS AND

22 ACRES.—Crops for which the producer has 

23 elected under section 1107(c)(1) of the 

24 Federal Agriculture Reform and Risk 

25 Management Act of 2013 to receive revVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1140 

•HR 1947 RH

1 enue loss coverage and acres that are en2 rolled in the stacked income protection 

3 plan under section 508B shall not be eligi4 ble for supplemental coverage under this 

5 subparagraph. 

6 ‘‘(v) CALCULATION OF PREMIUM.— 

7 Notwithstanding subsection (d), the pre8 mium for coverage offered under para9 graph (3)(B) and clause (i) shall— 

10 ‘‘(I) be sufficient to cover antici11 pated losses and a reasonable reserve; 

12 and 

13 ‘‘(II) include an amount for oper14 ating and administrative expenses es15 tablished in accordance with sub16 section (k)(4)(F).’’. 

17 (c) PAYMENT OF PORTION OF PREMIUM BY COR18 PORATION.—Section 508(e)(2) of the Federal Crop Insur19 ance Act (7 U.S.C. 1508(e)(2)) is amended by adding at 

20 the end the following new subparagraph: 

21 ‘‘(H) In the case of the supplemental cov22 erage option authorized in subsection (c)(4)(C), 

23 the amount shall be equal to the sum of— 

24 ‘‘(i) 65 percent of the additional pre25 mium associated with the coverage; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1141 

•HR 1947 RH

1 ‘‘(ii) the amount determined under 

2 subsection (c)(4)(C)(vi)(II), subject to sub3 section (k)(4)(F), for the coverage to cover 

4 operating and administrative expenses.’’. 

5 (d) EFFECTIVE DATE.—The Federal Crop Insurance 

6 Corporation shall begin to provide additional coverage 

7 based on an individual yield and loss basis, supplemented 

8 with coverage based on an area yield and loss basis, not 

9 later than for the 2014 crop year. 

10 SEC. 11004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK 

11 PROTECTION. 

12 Subparagraph (A) of section 508(d)(2) of the Federal 

13 Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to 

14 read as follows: 

15 ‘‘(A) In the case of catastrophic risk pro16 tection, the amount of the premium established 

17 by the Corporation for each crop for which cat18 astrophic risk protection is available shall be re19 duced by the percentage equal to the difference 

20 between the average loss ratio for the crop and 

21 100 percent, plus a reasonable reserve.’’. 

22 SEC. 11005. REPEAL OF PERFORMANCE-BASED DISCOUNT. 

23 (a) REPEAL.—Section 508(d) of the Federal Crop In24 surance Act (7 U.S.C. 1508(d)) is amended— 

25 (1) by striking paragraph (3); and 


rfrederick on DSK6VPTVN1PROD with BILLS
1142 

•HR 1947 RH

1 (2) by redesignating paragraph (4) as para2 graph (3). 

3 (b) CONFORMING AMENDMENT.—Section 

4 508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 

5 1508(a)(9)(B)) is amended— 

6 (1) by inserting ‘‘or’’ at the end of clause (i); 

7 (2) by striking clause (ii); and 

8 (3) by redesignating clause (iii) as clause (ii). 

9 SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY. 

10 Subparagraph (A) of section 508(e)(5) of the Federal 

11 Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended to 

12 read as follows: 

13 ‘‘(A) IN GENERAL.—The Corporation may 

14 pay a portion of the premiums for plans or poli15 cies of insurance for which the insurable unit is 

16 defined on a whole farm or enterprise unit basis 

17 that is higher than would otherwise be paid in 

18 accordance with paragraph (2).’’. 

19 SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NON20 IRRIGATED CROPS. 

21 Section 508(e)(5) of the Federal Crop Insurance Act 

22 (7 U.S.C. 1508(e)(5)) is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(D) NONIRRIGATED CROPS.—Beginning 

25 with the 2014 crop year, the Corporation shall 


rfrederick on DSK6VPTVN1PROD with BILLS
1143 

•HR 1947 RH

1 make available separate enterprise units for ir2 rigated and nonirrigated acreage of crops in 

3 counties.’’. 

4 SEC. 11008. DATA COLLECTION. 

5 Section 508(g)(2) of the Federal Crop Insurance Act 

6 (7 U.S.C. 1508(g)(2)) is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(E) SOURCES OF YIELD DATA.—To deter9 mine yields under this paragraph, the Corpora10 tion— 

11 ‘‘(i) shall use county data collected by 

12 the Risk Management Agency or the Na13 tional Agricultural Statistics Service, or 

14 both; or 

15 ‘‘(ii) if sufficient county data is not 

16 available, may use other data considered 

17 appropriate by the Secretary.’’. 

18 SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HIS19 TORY TO ESTABLISH INSURABLE YIELDS. 

20 Section 508(g)(4)(B) of the Federal Crop Insurance 

21 Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking 

22 ‘‘60’’ each place it appears and inserting ‘‘70’’. 

23 SEC. 11010. SUBMISSION AND REVIEW OF POLICIES. 

24 (a) IN GENERAL.—Section 508(h) of the Federal 

25 Crop Insurance Act (7 U.S.C. 1508(h)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1144 

•HR 1947 RH

1 (1) in paragraph (1)— 

2 (A) by redesignating subparagraphs (A) 

3 and (B) as clauses (i) and (ii), respectively, and 

4 indenting appropriately; 

5 (B) by striking ‘‘(1) IN GENERAL.—In ad6 dition’’ and inserting the following: 

7 ‘‘(1) AUTHORITY TO SUBMIT.— 

8 ‘‘(A) IN GENERAL.—In addition’’; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(B) REVIEW AND SUBMISSION BY COR12 PORATION.—The Corporation shall review any 

13 policy developed under section 522(c) or any 

14 pilot program developed under section 523 and 

15 submit the policy or program to the Board 

16 under this subsection if the Corporation, at the 

17 sole discretion of the Corporation, finds that 

18 the policy or program— 

19 ‘‘(i) will likely result in a viable and 

20 marketable policy consistent with this sub21 section; 

22 ‘‘(ii) would provide crop insurance 

23 coverage in a significantly improved form; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
1145 

•HR 1947 RH

1 ‘‘(iii) adequately protects the interests 

2 of producers.’’; and 

3 (2) in paragraph (3)— 

4 (A) by striking ‘‘A policy’’ and inserting 

5 the following: 

6 ‘‘(A) IN GENERAL.—A policy’’; and 

7 (B) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(B) SPECIFIED REVIEW AND APPROVAL

10 PRIORITIES.—In reviewing policies and other 

11 materials submitted to the Board under this 

12 subsection for approval, the Board— 

13 ‘‘(i) shall make the development and 

14 approval of a revenue policy for peanut 

15 producers a priority so that a revenue pol16 icy is available to peanut producers in time 

17 for the 2014 crop year; 

18 ‘‘(ii) shall make the development and 

19 approval of a margin coverage policy for 

20 rice producers a priority so that a margin 

21 coverage policy is available to rice pro22 ducers in time for the 2014 crop year; and 

23 ‘‘(iii) may approve a submission that 

24 is made pursuant to this subsection that 

25 would, beginning with the 2014 crop year, 


rfrederick on DSK6VPTVN1PROD with BILLS
1146 

•HR 1947 RH

1 allow producers that purchase policies in 

2 accordance with subsection (e)(5)(A) to 

3 separate enterprise units by risk rating for 

4 acreage of crops in counties.’’. 

5 (b) ADVANCE PAYMENTS.—Section 522(b)(2)(E) of 

6 the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)(E)) 

7 is amended by striking ‘‘50 percent’’ and inserting ‘‘75 

8 percent’’. 

9 SEC. 11011. EQUITABLE RELIEF FOR SPECIALTY CROP 

10 POLICIES. 

11 Section 508(k)(8)(E) of the Federal Crop Insurance 

12 Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by add13 ing at the end the following new clause: 

14 ‘‘(iii) EQUITABLE RELIEF FOR SPE15 CIALTY CROP POLICIES.— 

16 ‘‘(I) IN GENERAL.—For each of 

17 the 2011 through 2015 reinsurance 

18 years, in addition to the total amount 

19 of funding for reimbursement of ad20 ministrative and operating costs that 

21 is otherwise required to be made avail22 able in each such reinsurance year 

23 pursuant to an agreement entered 

24 into by the Corporation, the Corpora25 tion shall use $41,000,000 to provide 


rfrederick on DSK6VPTVN1PROD with BILLS
1147 

•HR 1947 RH

1 additional reimbursement with respect 

2 to eligible insurance contracts for any 

3 agricultural commodity that is not eli4 gible for a benefit under subtitles A, 

5 B or C of title I of the Federal Agri6 culture Reform and Risk Management 

7 Act of 2013. 

8 ‘‘(II) TREATMENT.—Additional 

9 reimbursements made under this 

10 clause shall be included as part of the 

11 base level of administrative and oper12 ating expense reimbursement to which 

13 any limit on compensation to persons 

14 involved in the direct sale and service 

15 of any eligible crop insurance contract 

16 required under an agreement entered 

17 into by the Corporation is applied. 

18 ‘‘(III) RULE OF CONSTRUC19 TION.—Nothing in this clause shall be 

20 construed as statutory assent to the 

21 limit described in subclause (II).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1148 

•HR 1947 RH

1 SEC. 11012. BUDGET LIMITATIONS ON RENEGOTIATION OF 

2 THE STANDARD REINSURANCE AGREEMENT. 

3 Section 508(k)(8) of the Federal Crop Insurance Act 

4 of 1938 (7 U.S.C. 1508(k)(8)) is amended by adding at 

5 the end the following new subparagraph: 

6 ‘‘(F) BUDGET.— 

7 ‘‘(i) IN GENERAL.—The Board shall 

8 ensure that any Standard Reinsurance 

9 Agreement negotiated under subparagraph 

10 (A)(ii), as compared to the previous Stand11 ard Reinsurance Agreement— 

12 ‘‘(I) to the maximum extent prac13 ticable, shall be budget neutral; and 

14 ‘‘(II) in no event, may signifi15 cantly depart from budget neutrality. 

16 ‘‘(ii) USE OF SAVINGS.—To the extent 

17 that any budget savings is realized in the 

18 renegotiation of a Standard Reinsurance 

19 Agreement under subparagraph (A)(ii), 

20 and the savings are determined not to be 

21 a significant departure from budget neu22 trality under clause (i), the savings shall 

23 be used to increase the obligations of the 

24 Corporation under subsections (e)(2) or 

25 (k)(4) or section 523.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1149 

•HR 1947 RH

1 SEC. 11013. CROP PRODUCTION ON NATIVE SOD. 

2 (a) FEDERAL CROP INSURANCE.—Section 508(o) of 

3 the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is 

4 amended— 

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

6 producer cannot substantiate that the ground has 

7 ever been tilled,’’ after ‘‘tilled’’; 

8 (2) in paragraph (2)— 

9 (A) in the paragraph heading, by striking 

10 ‘‘INELIGIBILITY FOR’’ and inserting ‘‘REDUC11 TION IN’’; and 

12 (B) in subparagraph (A), by striking ‘‘for 

13 benefits under—’’ and all that follows through 

14 the period at the end and inserting ‘‘for— 

15 ‘‘(i) a portion of crop insurance pre16 mium subsidies under this subtitle in ac17 cordance with paragraph (3); 

18 ‘‘(ii) benefits under section 196 of the 

19 Federal Agriculture Improvement and Re20 form Act of 1996 (7 U.S.C. 7333); and 

21 ‘‘(iii) payments described in sub22 section (b) or (c) of section 1001 of the 

23 Food Security Act of 1985 (7 U.S.C. 

24 1308).’’; and 

25 (3) by striking paragraph (3) and inserting the 

26 following new paragraphs: 


rfrederick on DSK6VPTVN1PROD with BILLS
1150 

•HR 1947 RH

1 ‘‘(3) ADMINISTRATION.— 

2 ‘‘(A) IN GENERAL.—During the first 4 

3 crop years of planting on native sod acreage by 

4 a producer described in paragraph (2)— 

5 ‘‘(i) paragraph (2) shall apply to 65 

6 percent of the transitional yield of the pro7 ducer; and 

8 ‘‘(ii) the crop insurance premium sub9 sidy provided for the producer under this 

10 subtitle shall be 50 percentage points less 

11 than the premium subsidy that would oth12 erwise apply. 

13 ‘‘(B) YIELD SUBSTITUTION.—During the 

14 period native sod acreage is covered by this sub15 section, a producer may not substitute yields 

16 for the native sod acreage. 

17 ‘‘(4) APPLICATION.—This subsection shall only 

18 apply to native sod in the Prairie Pothole National 

19 Priority Area.’’. 

20 (b) NONINSURED CROP DISASTER ASSISTANCE.— 

21 Section 196(a)(4) of the Federal Agriculture Improvement 

22 and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amend23 ed— 

24 (1) in the paragraph heading, by striking ‘‘IN25 ELIGIBILITY’’ and inserting ‘‘BENEFIT REDUCTION’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
1151 

•HR 1947 RH

1 (2) in subparagraph (A)(ii), by inserting ‘‘, or 

2 the producer cannot substantiate that the ground 

3 has ever been tilled,’’ after ‘‘tilled’’; 

4 (3) in subparagraph (B)— 

5 (A) in the subparagraph heading, by strik6 ing ‘‘INELIGIBILITY’’ and inserting ‘‘REDUC7 TION IN’’; and 

8 (B) in clause (i), by striking ‘‘for benefits 

9 under—’’ and all that follows through the pe10 riod at the end and inserting ‘‘for— 

11 ‘‘(I) benefits under this section; 

12 ‘‘(II) a portion of crop insurance 

13 premium subsidies under the Federal 

14 Crop Insurance Act (7 U.S.C. 1501 et 

15 seq.) in accordance with subparagraph 

16 (C); and 

17 ‘‘(III) payments described in sub18 section (b) or (c) of section 1001 of 

19 the Food Security Act of 1985 (7 

20 U.S.C. 1308).’’; and 

21 (4) by striking subparagraph (C) and inserting 

22 the following new subparagraphs: 

23 ‘‘(C) ADMINISTRATION.— 

24 ‘‘(i) IN GENERAL.—During the first 4 

25 crop years of planting on native sod acreVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1152 

•HR 1947 RH

1 age by a producer described in subpara2 graph (B)— 

3 ‘‘(I) subparagraph (B) shall 

4 apply to 65 percent of the transitional 

5 yield of the producer; and 

6 ‘‘(II) the crop insurance premium 

7 subsidy provided for the producer 

8 under the Federal Crop Insurance Act 

9 (7 U.S.C. 1501 et seq.) shall be 50 

10 percentage points less than the pre11 mium subsidy that would otherwise 

12 apply. 

13 ‘‘(ii) YIELD SUBSTITUTION.—During 

14 the period native sod acreage is covered by 

15 this paragraph, a producer may not sub16 stitute yields for the native sod acreage. 

17 ‘‘(D) APPLICATION.—This paragraph shall 

18 only apply to native sod in the Prairie Pothole 

19 National Priority Area.’’. 

20 (c) CROPLAND REPORT.— 

21 (1) BASELINE.—Not later than 180 days after 

22 the date of enactment of this Act, the Secretary of 

23 Agriculture shall submit to the Committee on Agri24 culture of the House of Representatives and the 

25 Committee on Agriculture, Nutrition, and Forestry 


rfrederick on DSK6VPTVN1PROD with BILLS
1153 

•HR 1947 RH

1 of the Senate a report that describes the cropland 

2 acreage in each applicable county and State, and the 

3 change in cropland acreage from the preceding year 

4 in each applicable county and State, beginning with 

5 calendar year 2000 and including that information 

6 for the most recent year for which that information 

7 is available. 

8 (2) ANNUAL UPDATES.—Not later than Janu9 ary 1, 2015, and each January 1 thereafter through 

10 January 1, 2018, the Secretary of Agriculture shall 

11 submit to the Committee on Agriculture of the 

12 House of Representatives and the Committee on Ag13 riculture, Nutrition, and Forestry of the Senate a 

14 report that describes— 

15 (A) the cropland acreage in each applicable 

16 county and State as of the date of submission 

17 of the report; and 

18 (B) the change in cropland acreage from 

19 the preceding year in each applicable county 

20 and State. 

21 SEC. 11014. COVERAGE LEVELS BY PRACTICE. 

22 Section 508 of the Federal Crop Insurance Act of 

23 1938 (7 U.S.C. 1508) is amended by adding at the end 

24 the following new subsection: 


rfrederick on DSK6VPTVN1PROD with BILLS
1154 

•HR 1947 RH

1 ‘‘(p) COVERAGE LEVELS BY PRACTICE.—Beginning 

2 with the 2015 crop year, a producer that produces an agri3 cultural commodity on both dry land and irrigated land 

4 may elect a different coverage level for each production 

5 practice.’’. 

6 SEC. 11015. BEGINNING FARMER AND RANCHER PROVI7 SIONS. 

8 (a) DEFINITION.—Section 502(b) of the Federal 

9 Crop Insurance Act (7 U.S.C. 1502(b)) is amended— 

10 (1) by redesignating paragraphs (3) through 

11 (9) as paragraphs (4) through (10), respectively; 

12 and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) BEGINNING FARMER OR RANCHER.—The 

16 term ‘beginning farmer or rancher’ means a farmer 

17 or rancher who has not actively operated and man18 aged a farm or ranch with a bona fide insurable in19 terest in a crop or livestock as an owner-operator, 

20 landlord, tenant, or sharecropper for more than 5 

21 crop years, as determined by the Secretary.’’. 

22 (b) PREMIUM ADJUSTMENTS.—Section 508 of the 

23 Federal Crop Insurance Act (7 U.S.C. 1508) is amend24 ed— 


rfrederick on DSK6VPTVN1PROD with BILLS
1155 

•HR 1947 RH

1 (1) in subsection (b)(5)(E), by inserting ‘‘and 

2 beginning farmers or ranchers’’ after ‘‘limited re3 source farmers’’; 

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

5 following new paragraph: 

6 ‘‘(8) PREMIUM FOR BEGINNING FARMERS OR

7 RANCHERS.—Notwithstanding any other provision of 

8 this subsection regarding payment of a portion of 

9 premiums, a beginning farmer or rancher shall re10 ceive premium assistance that is 10 percentage 

11 points greater than premium assistance that would 

12 otherwise be available under paragraphs (2) (except 

13 for subparagraph (A) of that paragraph), (5), (6), 

14 and (7) for the applicable policy, plan of insurance, 

15 and coverage level selected by the beginning farmer 

16 or rancher.’’; and 

17 (3) in subsection (g)— 

18 (A) in paragraph (2)(B)— 

19 (i) in clause (i), by striking ‘‘or’’ at 

20 the end; 

21 (ii) in clause (ii)(III), by striking the 

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

23 (iii) by adding at the end the fol24 lowing: 


rfrederick on DSK6VPTVN1PROD with BILLS
1156 

•HR 1947 RH

1 ‘‘(iii) if the producer is a beginning 

2 farmer or rancher who was previously in3 volved in a farming or ranching operation, 

4 including involvement in the decision5 making or physical involvement in the pro6 duction of the crop or livestock on the 

7 farm, for any acreage obtained by the be8 ginning farmer or rancher, a yield that is 

9 the higher of— 

10 ‘‘(I) the actual production history 

11 of the previous producer of the crop 

12 or livestock on the acreage determined 

13 under subparagraph (A); or 

14 ‘‘(II) a yield of the producer, as 

15 determined in clause (i).’’; and 

16 (B) in paragraph (4)(B)(ii) (as amended 

17 by section 11009)— 

18 (i) by inserting ‘‘(I)’’ after ‘‘(ii)’’; 

19 (ii) by striking the period at the end 

20 and inserting ‘‘; or’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(II) in the case of begin24 ning farmers or ranchers, replace 

25 each excluded yield with a yield 


rfrederick on DSK6VPTVN1PROD with BILLS
1157 

•HR 1947 RH

1 equal to 80 percent of the appli2 cable transitional yield.’’. 

3 SEC. 11016. STACKED INCOME PROTECTION PLAN FOR PRO4 DUCERS OF UPLAND COTTON. 

5 (a) AVAILABILITY OF STACKED INCOME PROTECTION

6 PLAN FOR PRODUCERS OF UPLAND COTTON.—The Fed7 eral Crop Insurance Act is amended by inserting after sec8 tion 508A (7 U.S.C. 1508a) the following new section: 

9 ‘‘SEC. 508B. STACKED INCOME PROTECTION PLAN FOR 

10 PRODUCERS OF UPLAND COTTON. 

11 ‘‘(a) AVAILABILITY.—Beginning not later than the 

12 2014 crop of upland cotton, the Corporation shall make 

13 available to producers of upland cotton an additional pol14 icy (to be known as the ‘Stacked Income Protection Plan’), 

15 which shall provide coverage consistent with the Group 

16 Risk Income Protection Plan (and the associated Harvest 

17 Revenue Option Endorsement) offered by the Corporation 

18 for the 2011 crop year. 

19 ‘‘(b) REQUIRED TERMS.—The Corporation may mod20 ify the Stacked Income Protection Plan on a program-wide 

21 basis, except that the Stacked Income Protection Plan 

22 shall comply with the following requirements: 

23 ‘‘(1) Provide coverage for revenue loss of not 

24 less than 10 percent and not more than 30 percent 

25 of expected county revenue, specified in increments 


rfrederick on DSK6VPTVN1PROD with BILLS
1158 

•HR 1947 RH

1 of 5 percent. The deductible is the minimum percent 

2 of revenue loss at which indemnities are triggered 

3 under the plan, not to be less than 10 percent of the 

4 expected county revenue. 

5 ‘‘(2) Be offered to producers of upland cotton 

6 in all counties with upland cotton production— 

7 ‘‘(A) at a county-wide level to the fullest 

8 extent practicable; or 

9 ‘‘(B) in counties that lack sufficient data, 

10 on the basis of such larger geographical area as 

11 the Corporation determines to provide sufficient 

12 data for purposes of providing the coverage. 

13 ‘‘(3) Be purchased in addition to any other in14 dividual or area coverage in effect on the producer’s 

15 acreage or as a stand-alone policy, except that if a 

16 producer has an individual or area coverage for the 

17 same acreage, the maximum coverage available 

18 under the Stacked Income Protection Plan shall not 

19 exceed the deductible for the individual or area cov20 erage. 

21 ‘‘(4) Establish coverage based on— 

22 ‘‘(A) the expected price established under 

23 existing Group Risk Income Protection or area 

24 wide policy offered by the Corporation for the 

25 applicable county (or area) and crop year; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1159 

•HR 1947 RH

1 ‘‘(B) an expected county yield that is the 

2 higher of— 

3 ‘‘(i) the expected county yield estab4 lished for the existing area-wide plans of5 fered by the Corporation for the applicable 

6 county (or area) and crop year (or, in geo7 graphic areas where area-wide plans are 

8 not offered, an expected yield determined 

9 in a manner consistent with those of area10 wide plans); or 

11 ‘‘(ii) the average of the applicable 

12 yield data for the county (or area) for the 

13 most recent 5 years, excluding the highest 

14 and lowest observations, from the Risk 

15 Management Agency or the National Agri16 cultural Statistics Service (or both) or, if 

17 sufficient county data is not available, such 

18 other data considered appropriate by the 

19 Secretary. 

20 ‘‘(5) Use a multiplier factor to establish max21 imum protection per acre (referred to as a ‘protec22 tion factor’) of not less than the higher of the level 

23 established on a program wide basis or 120 percent. 

24 ‘‘(6) Pay an indemnity based on the amount 

25 that the expected county revenue exceeds the actual 


rfrederick on DSK6VPTVN1PROD with BILLS
1160 

•HR 1947 RH

1 county revenue, as applied to the individual coverage 

2 of the producer. Indemnities under the Stacked In3 come Protection Plan shall not include or overlap 

4 the amount of the deductible selected under para5 graph (1). 

6 ‘‘(7) In all counties for which data are avail7 able, establish separate coverage levels for irrigated 

8 and non-irrigated practices. 

9 ‘‘(c) PREMIUM.—Notwithstanding section 508(d), the 

10 premium for the Stacked Income Protection Plan shall— 

11 ‘‘(1) be sufficient to cover anticipated losses 

12 and a reasonable reserve; and 

13 ‘‘(2) include an amount for operating and ad14 ministrative expenses established in accordance with 

15 section 508(k)(4)(F). 

16 ‘‘(d) PAYMENT OF PORTION OF PREMIUM BY COR17 PORATION.—Subject to section 508(e)(4), the amount of 

18 premium paid by the Corporation for all qualifying cov19 erage levels of the Stacked Income Protection Plan shall 

20 be— 

21 ‘‘(1) 80 percent of the amount of the premium 

22 established under subsection (c) for the coverage 

23 level selected; and 

24 ‘‘(2) the amount determined under subsection 

25 (c)(2), subject to section 508(k)(4)(F), for the covVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1161 

•HR 1947 RH

1 erage to cover administrative and operating ex2 penses. 

3 ‘‘(e) RELATION TO OTHER COVERAGES.—The 

4 Stacked Income Protection Plan is in addition to all other 

5 coverages available to producers of upland cotton.’’. 

6 (b) CONFORMING AMENDMENT.—Section 

7 508(k)(4)(F) of the Federal Crop Insurance Act (7 U.S.C. 

8 1508(k)(4)(F)) is amended by inserting ‘‘or authorized 

9 under subsection (c)(4)(C) or section 508B’’ after ‘‘of this 

10 subparagraph’’. 

11 SEC. 11017. PEANUT REVENUE CROP INSURANCE. 

12 The Federal Crop Insurance Act is amended by in13 serting after section 508B, as added by the previous sec14 tion, the following new section: 

15 ‘‘SEC. 508C. PEANUT REVENUE CROP INSURANCE. 

16 ‘‘(a) IN GENERAL.—Effective beginning with the 

17 2014 crop year, the Risk Management Agency and the 

18 Corporation shall make available to producers of peanuts 

19 a revenue crop insurance program for peanuts. 

20 ‘‘(b) EFFECTIVE PRICE.—Subject to subsection (c), 

21 for purposes of the revenue crop insurance program and 

22 the multiperil crop insurance program under this Act, the 

23 effective price for peanuts shall be equal to the Rotterdam 

24 price index for peanuts, as adjusted to reflect the farmer 

25 stock price of peanuts in the United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
1162 

•HR 1947 RH

1 ‘‘(c) ADJUSTMENTS.— 

2 ‘‘(1) IN GENERAL.—The effective price for pea3 nuts established under subsection (b) may be ad4 justed by the Risk Management Agency and the 

5 Corporation to correct distortions. 

6 ‘‘(2) ADMINISTRATION.—If an adjustment is 

7 made under paragraph (1), the Risk Management 

8 Agency and the Corporation shall— 

9 ‘‘(A) make the adjustment in an open and 

10 transparent manner; and 

11 ‘‘(B) submit to the Committee on Agri12 culture of the House of Representatives and the 

13 Committee on Agriculture, Nutrition, and For14 estry of the Senate a report that describes the 

15 reasons for the adjustment.’’. 

16 SEC. 11018. AUTHORITY TO CORRECT ERRORS. 

17 Section 515(c) of the Federal Crop Insurance Act (7 

18 U.S.C. 1515(c)) is amended— 

19 (1) in the first sentence, by striking ‘‘The Sec20 retary’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; 

22 (2) in the second sentence, by striking ‘‘Begin23 ning with’’ and inserting the following: 

24 ‘‘(2) FREQUENCY.—Beginning with’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1163 

•HR 1947 RH

1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) CORRECTIONS.— 

4 ‘‘(A) IN GENERAL.—In addition to the cor5 rections permitted by the Corporation as of the 

6 date of enactment of the Federal Agriculture 

7 Reform and Risk Management Act of 2013, the 

8 Corporation shall allow an agent or an approved 

9 insurance provider, subject to subparagraph 

10 (B)— 

11 ‘‘(i) within a reasonable amount of 

12 time following the applicable sales closing 

13 date, to correct unintentional errors in in14 formation that is provided by a producer 

15 for the purpose of obtaining coverage 

16 under any policy or plan of insurance made 

17 available under this subtitle to ensure that 

18 the eligibility information is correct; 

19 ‘‘(ii) within a reasonable amount of 

20 time following— 

21 ‘‘(I) the acreage reporting date, 

22 to correct unintentional errors in fac23 tual information that is provided by a 

24 producer after the sales closing date 

25 to reconcile the information with the 


rfrederick on DSK6VPTVN1PROD with BILLS
1164 

•HR 1947 RH

1 information reported by the producer 

2 to the Farm Service Agency; or 

3 ‘‘(II) the date of any subsequent 

4 correction of data by the Farm Serv5 ice Agency made as a result of the 

6 verification of information; and 

7 ‘‘(iii) at any time, to correct uninten8 tional errors that were made by the Farm 

9 Service Agency or an agent or approved in10 surance provider in transmitting the infor11 mation provided by the producer to the ap12 proved insurance provider or the Corpora13 tion. 

14 ‘‘(B) LIMITATION.—In accordance with the 

15 procedures of the Corporation, correction to the 

16 information described in clauses (i) and (ii) of 

17 subparagraph (A) may only be made if the cor18 rections do not allow the producer— 

19 ‘‘(i) to avoid ineligibility requirements 

20 for insurance; 

21 ‘‘(ii) to obtain, enhance, or increase 

22 an insurance guarantee or indemnity, or 

23 avoid premium owed, if a cause of loss ex24 ists or has occurred before any correction 

25 has been made; or 


rfrederick on DSK6VPTVN1PROD with BILLS
1165 

•HR 1947 RH

1 ‘‘(iii) to avoid an obligation or re2 quirement under any Federal or State law. 

3 ‘‘(C) EXCEPTION TO LATE FILING SANC4 TIONS.—Any corrections made pursuant to this 

5 paragraph shall not be subject to any late filing 

6 sanctions authorized in the reinsurance agree7 ment with the Corporation.’’. 

8 SEC. 11019. IMPLEMENTATION. 

9 Section 515 of the Federal Crop Insurance Act (7 

10 U.S.C. 1515) is amended— 

11 (1) in subsection (j), by striking paragraph (1) 

12 and inserting the following new paragraph: 

13 ‘‘(1) SYSTEMS MAINTENANCE AND UP14 GRADES.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 maintain and upgrade the information manage17 ment systems of the Corporation used in the 

18 administration and enforcement of this subtitle. 

19 ‘‘(B) REQUIREMENT.— 

20 ‘‘(i) IN GENERAL.—In maintaining 

21 and upgrading the systems, the Secretary 

22 shall ensure that new hardware and soft23 ware are compatible with the hardware and 

24 software used by other agencies of the DeVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01165 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1166 

•HR 1947 RH

1 partment to maximize data sharing and 

2 promote the purposes of this section. 

3 ‘‘(ii) ACREAGE REPORT STREAM4 LINING INITIATIVE PROJECT.—As soon as 

5 practicable, the Secretary shall develop and 

6 implement an acreage report streamlining 

7 initiative project to allow producers to re8 port acreage and other information directly 

9 to the Department.’’; and 

10 (2) in subsection (k), by striking paragraph (1) 

11 and inserting the following new paragraph: 

12 ‘‘(1) INFORMATION TECHNOLOGY.— 

13 ‘‘(A) IN GENERAL.—For purposes of sub14 section (j)(1), the Corporation may use, from 

15 amounts made available from the insurance 

16 fund established under section 516(c), not more 

17 than— 

18 ‘‘(i)(I) for fiscal year 2014, 

19 $25,000,000; and 

20 ‘‘(II) for each of fiscal years 2015 

21 through 2018, $10,000,000; or 

22 ‘‘(ii) if the Acreage Crop Reporting 

23 Streamlining Initiative (ACRSI) project is 

24 substantially completed by September 30, 


rfrederick on DSK6VPTVN1PROD with BILLS
1167 

•HR 1947 RH

1 2015, not more than $15,000,000 for each 

2 of the fiscal years 2015 through 2018. 

3 ‘‘(B) NOTIFICATION.—The Secretary shall 

4 notify the Committee on Agriculture of the 

5 House of Representatives and the Committee 

6 on Agriculture, Nutrition, and Forestry of the 

7 Senate of the substantial completion of the 

8 Acreage Crop Reporting Streamlining Initiative 

9 (ACRSI) project not later than July 1, 2015.’’. 

10 SEC. 11020. RESEARCH AND DEVELOPMENT PRIORITIES. 

11 (a) AUTHORITY TO CONDUCT RESEARCH AND DE12 VELOPMENT, PRIORITIES.—Section 522(c) of the Federal 

13 Crop Insurance Act (7 U.S.C. 1522(c)) is amended— 

14 (1) in the subsection heading by striking ‘‘CON15 TRACTING’’; 

16 (2) in paragraph (1), in the matter preceding 

17 subparagraph (A), by striking ‘‘may enter into con18 tracts to carry out research and development to’’ 

19 and inserting ‘‘may conduct activities or enter into 

20 contracts to carry out research and development to 

21 maintain or improve existing policies or develop new 

22 policies to’’; 

23 (3) in paragraph (2)— 


rfrederick on DSK6VPTVN1PROD with BILLS
1168 

•HR 1947 RH

1 (A) in subparagraph (A), by inserting 

2 ‘‘conduct research and development or’’ after 

3 ‘‘The Corporation may’’; and 

4 (B) in subparagraph (B), by inserting 

5 ‘‘conducting research and development or’’ after 

6 ‘‘Before’’; 

7 (4) in paragraph (5), by inserting ‘‘after expert 

8 review in accordance with section 505(e)’’ after ‘‘ap9 proved by the Board’’; and 

10 (5) in paragraph (6), by striking ‘‘a pasture, 

11 range, and forage program’’ and inserting ‘‘policies 

12 that increase participation by producers of under13 served agricultural commodities, including sweet sor14 ghum, biomass sorghum, rice, peanuts, sugarcane, 

15 alfalfa, and specialty crops’’. 

16 (b) FUNDING.—Section 522(e) of the Federal Crop 

17 Insurance Act (7 U.S.C. 1522(e)) is amended— 

18 (1) in paragraph (2)— 

19 (A) by striking ‘‘(A) AUTHORITY.—’’ and 

20 inserting ‘‘(A) CONDUCTING AND CONTRACTING

21 FOR RESEARCH AND DEVELOPMENT.—’’; 

22 (B) in subparagraph (A), by inserting 

23 ‘‘conduct research and development and’’ after 

24 ‘‘the Corporation may use to’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1169 

•HR 1947 RH

1 (C) in subparagraph (B), by inserting 

2 ‘‘conduct research and development and’’ after 

3 ‘‘for the fiscal year to’’; 

4 (2) in paragraph (3), by striking ‘‘to provide ei5 ther reimbursement payments or contract pay6 ments’’; and 

7 (3) by striking paragraph (4). 

8 SEC. 11021. ADDITIONAL RESEARCH AND DEVELOPMENT 

9 CONTRACTING REQUIREMENTS. 

10 Section 522(c) of the Federal Crop Insurance Act (7 

11 U.S.C. 1522(c)) is amended— 

12 (1) by redesignating paragraph (17) as para13 graph (23); and 

14 (2) by inserting after paragraph (16), the fol15 lowing new paragraphs: 

16 ‘‘(17) MARGIN COVERAGE FOR CATFISH.— 

17 ‘‘(A) IN GENERAL.—The Corporation shall 

18 offer to enter into a contract with a qualified 

19 entity to conduct research and development re20 garding a policy to insure producers against re21 duction in the margin between the market value 

22 of catfish and selected costs incurred in the 

23 production of catfish. 

24 ‘‘(B) ELIGIBILITY.—Eligibility for the pol25 icy described in subparagraph (A) shall be limVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01169 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1170 

•HR 1947 RH

1 ited to freshwater species of catfish that are 

2 propagated and reared in controlled or selected 

3 environments. 

4 ‘‘(C) IMPLEMENTATION.—The Board shall 

5 review the policy described in subparagraph (B) 

6 under subsection 508(h) and approve the policy 

7 if the Board finds that the policy— 

8 ‘‘(i) will likely result in a viable and 

9 marketable policy consistent with this sub10 section; 

11 ‘‘(ii) would provide crop insurance 

12 coverage in a significantly improved form; 

13 ‘‘(iii) adequately protects the interests 

14 of producers; and 

15 ‘‘(iv) the proposed policy meets other 

16 requirements of this subtitle determined 

17 appropriate by the Board. 

18 ‘‘(18) BIOMASS AND SWEET SORGHUM ENERGY

19 CROP INSURANCE POLICIES.— 

20 ‘‘(A) AUTHORITY.—The Corporation shall 

21 offer to enter into 1 or more contracts with 

22 qualified entities to carry out research and de23 velopment regarding— 

24 ‘‘(i) a policy to insure biomass sor25 ghum that is grown expressly for the purVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1171 

•HR 1947 RH

1 pose of producing a feedstock for renew2 able biofuel, renewable electricity, or 

3 biobased products; and 

4 ‘‘(ii) a policy to insure sweet sorghum 

5 that is grown for a purpose described in 

6 clause (i). 

7 ‘‘(B) RESEARCH AND DEVELOPMENT.— 

8 Research and development with respect to each 

9 of the policies required in subparagraph (A) 

10 shall evaluate the effectiveness of risk manage11 ment tools for the production of biomass sor12 ghum or sweet sorghum, including policies and 

13 plans of insurance that— 

14 ‘‘(i) are based on market prices and 

15 yields; 

16 ‘‘(ii) to the extent that insufficient 

17 data exist to develop a policy based on 

18 market prices and yields, evaluate the poli19 cies and plans of insurance based on the 

20 use of weather indices, including excessive 

21 or inadequate rainfall, to protect the inter22 est of crop producers; and 

23 ‘‘(iii) provide protection for production 

24 or revenue losses, or both. 


rfrederick on DSK6VPTVN1PROD with BILLS
1172 

•HR 1947 RH

1 ‘‘(19) STUDY ON SWINE CATASTROPHIC DIS2 EASE PROGRAM.— 

3 ‘‘(A) IN GENERAL.—The Corporation shall 

4 contract with a qualified person to conduct a 

5 study to determine the feasibility of insuring 

6 swine producers for a catastrophic event. 

7 ‘‘(B) REPORT.—Not later than 1 year 

8 after the date of the enactment of this para9 graph, the Corporation shall submit to the 

10 Committee on Agriculture of the House of Rep11 resentatives and the Committee on Agriculture, 

12 Nutrition, and Forestry of the Senate a report 

13 that describes the results of the study con14 ducted under subparagraph (A). 

15 ‘‘(20) WHOLE FARM DIVERSIFIED RISK MAN16 AGEMENT INSURANCE PLAN.— 

17 ‘‘(A) IN GENERAL.—The Corporation shall 

18 conduct activities or enter into contracts to 

19 carry out research and development to develop 

20 a whole farm risk management insurance plan, 

21 with a liability limitation of $1,000,000, that 

22 allows a diversified crop or livestock producer 

23 the option to qualify for an indemnity if actual 

24 gross farm revenue is below 85 percent of the 

25 average gross farm revenue or the expected 


rfrederick on DSK6VPTVN1PROD with BILLS
1173 

•HR 1947 RH

1 gross farm revenue that can reasonably be ex2 pected of the producer, as determined by the 

3 Corporation. 

4 ‘‘(B) ELIGIBLE PRODUCERS.—The Cor5 poration shall permit producers (including di6 rect-to-consumer marketers and producers serv7 icing local and regional and farm identity-pre8 served markets) who produce multiple agricul9 tural commodities, including specialty crops, in10 dustrial crops, livestock, and aquaculture prod11 ucts, to participate in the plan in lieu of any 

12 other plan under this subtitle. 

13 ‘‘(C) DIVERSIFICATION.—The Corporation 

14 may provide diversification-based additional 

15 coverage payment rates, premium discounts, or 

16 other enhanced benefits in recognition of the 

17 risk management benefits of crop and livestock 

18 diversification strategies for producers that 

19 grow multiple crops or that may have income 

20 from the production of livestock that uses a 

21 crop grown on the farm. 

22 ‘‘(D) MARKET READINESS.—The Corpora23 tion may include coverage for the value of any 

24 packing, packaging, or any other similar on25 farm activity the Corporation determines to be 


rfrederick on DSK6VPTVN1PROD with BILLS
1174 

•HR 1947 RH

1 the minimum required in order to remove the 

2 commodity from the field. 

3 ‘‘(E) REPORT.—Not later than 2 years 

4 after the date of enactment of this paragraph, 

5 the Corporation shall submit to the Committee 

6 on Agriculture of the House of Representatives 

7 and the Committee on Agriculture, Nutrition, 

8 and Forestry of the Senate a report that de9 scribes the results and feasibility of the re10 search and development conducted under this 

11 paragraph, including an analysis of potential 

12 adverse market distortions. 

13 ‘‘(21) STUDY ON POULTRY CATASTROPHIC DIS14 EASE PROGRAM.— 

15 ‘‘(A) IN GENERAL.—The Corporation shall 

16 contract with a qualified person to conduct a 

17 study to determine the feasibility of insuring 

18 poultry producers for a catastrophic event. 

19 ‘‘(B) REPORT.—Not later than 1 year 

20 after the date of the enactment of this para21 graph, the Corporation shall submit to the 

22 Committee on Agriculture of the House of Rep23 resentatives and the Committee on Agriculture, 

24 Nutrition, and Forestry of the Senate a report 


rfrederick on DSK6VPTVN1PROD with BILLS
1175 

•HR 1947 RH

1 that describes the results of the study con2 ducted under subparagraph (A). 

3 ‘‘(22) POULTRY BUSINESS INTERRUPTION IN4 SURANCE POLICY.— 

5 ‘‘(A) AUTHORITY.—The Corporation shall 

6 offer to enter into a contract or cooperative 

7 agreement with a university or other legal enti8 ty to carry out research and development re9 garding a policy to insure the commercial pro10 duction of poultry against business interrup11 tions caused by integrator bankruptcy. 

12 ‘‘(B) RESEARCH AND DEVELOPMENT.—As 

13 part of the research and development conducted 

14 pursuant to a contract or cooperative agreement 

15 entered into under subparagraph (A), the entity 

16 shall— 

17 ‘‘(i) evaluate the market place for 

18 business interruption insurance that is 

19 available to poultry growers; 

20 ‘‘(ii) determine what statutory author21 ity would be necessary to implement a 

22 business interruption insurance through 

23 the Corporation; 

24 ‘‘(iii) assess the feasibility of a policy 

25 or plan of insurance offered under this 


rfrederick on DSK6VPTVN1PROD with BILLS
1176 

•HR 1947 RH

1 subtitle to insure against losses due to the 

2 bankruptcy of an business integrator; and 

3 ‘‘(iv) analyze the costs to the Federal 

4 Government of a Federal business inter5 ruption insurance program for poultry 

6 growers. 

7 ‘‘(C) DEFINITIONS.—In this paragraph, 

8 the terms ‘poultry’ and ‘poultry grower’ have 

9 the meanings given those terms in section 2(a) 

10 of the Packers and Stockyards Act, 1921 (7 

11 U.S.C. 182(a)). 

12 ‘‘(D) DEADLINE FOR CONTRACT OR COOP13 ERATIVE AGREEMENT.—Not later than six 

14 months after the date of the enactment of this 

15 paragraph, the Corporation shall enter into the 

16 contract or cooperative agreement required by 

17 subparagraph (A). 

18 ‘‘(E) DEADLINE FOR COMPLETION OF RE19 SEARCH AND DEVELOPMENT.—Not later than 

20 one year after the date of the enactment of this 

21 paragraph, the Corporation shall submit to the 

22 Committee on Agriculture of the House of Rep23 resentatives and the Committee on Agriculture, 

24 Nutrition, and Forestry of the Senate a report 

25 that describes the results of the research and 


rfrederick on DSK6VPTVN1PROD with BILLS
1177 

•HR 1947 RH

1 development conducted pursuant to the contract 

2 or cooperative agreement entered into under 

3 subparagraph (A).’’. 

4 SEC. 11022. PROGRAM COMPLIANCE PARTNERSHIPS. 

5 Paragraph (1) of section 522(d) of the Federal Crop 

6 Insurance Act (7 U.S.C. 1522(d)) is amended to read as 

7 follows: 

8 ‘‘(1) PURPOSE.—The purpose of this subsection 

9 is to authorize the Corporation to enter into partner10 ships with public and private entities for the purpose 

11 of either— 

12 ‘‘(A) increasing the availability of loss miti13 gation, financial, and other risk management 

14 tools for producers, with a priority given to risk 

15 management tools for producers of agricultural 

16 commodities covered by section 196 of the Agri17 cultural Market Transition Act (7 U.S.C. 

18 7333), specialty crops, and underserved agricul19 tural commodities; or 

20 ‘‘(B) improving analysis tools and tech21 nology regarding compliance or identifying and 

22 using innovative compliance strategies.’’. 

23 SEC. 11023. PILOT PROGRAMS. 

24 Section 523(a) of the Federal Crop Insurance Act (7 

25 U.S.C. 1523(a)) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1178 

•HR 1947 RH

1 (1) in paragraph (1), by inserting ‘‘, at the sole 

2 discretion of the Corporation,’’ after ‘‘may’’; and 

3 (2) by striking paragraph (5). 

4 SEC. 11024. TECHNICAL AMENDMENTS. 

5 (a) ELIGIBILITY FOR DEPARTMENT PROGRAMS.— 

6 Section 508(b) of the Federal Crop Insurance Act (7 

7 U.S.C. 1508(b)) is amended— 

8 (1) by striking paragraph (7); and 

9 (2) by redesignating paragraphs (8) through 

10 (11) as paragraphs (7) through (10), respectively. 

11 (b) EXCLUSIONS TO ASSISTANCE FOR LOSSES DUE

12 TO DROUGHT CONDITIONS.— 

13 (1) IN GENERAL.—Section 531(d)(3)(A) of the 

14 Federal Crop Insurance Act (7 U.S.C. 

15 1531(d)(3)(A)) is amended— 

16 (A) by striking ‘‘(A) ELIGIBLE LOSSES.— 

17 ’’ and all that follows through ‘‘An eligible’’ in 

18 clause (i) and inserting the following: 

19 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

20 (B) by striking clause (ii); and 

21 (C) by redesignating subclauses (I) and 

22 (II) as clauses (i) and (ii), respectively, and in23 denting appropriately. 


rfrederick on DSK6VPTVN1PROD with BILLS
1179 

•HR 1947 RH

1 (2) CONFORMING AMENDMENT.—Section 

2 901(d)(3)(A) of the Trade Act of 1974 (19 U.S.C. 

3 2497(d)(3)(A)) is amended— 

4 (A) by striking ‘‘(A) ELIGIBLE LOSSES.— 

5 ’’ and all that follows through ‘‘An eligible’’ in 

6 clause (i) and inserting the following: 

7 ‘‘(A) ELIGIBLE LOSSES.—An eligible’’; 

8 (B) by striking clause (ii); and 

9 (C) by redesignating subclauses (I) and 

10 (II) as clauses (i) and (ii), respectively, and in11 denting appropriately. 

12 TITLE XII—MISCELLANEOUS 

13 Subtitle A—Livestock 

14 SEC. 12101. NATIONAL SHEEP INDUSTRY IMPROVEMENT 

15 CENTER. 

16 Section 375(e)(6)(C) of the Consolidated Farm and 

17 Rural Development Act (7 U.S.C. 2008j(e)(6)(C)) is 

18 amended by striking ‘‘2012’’ and inserting ‘‘2018’’. 

19 SEC. 12102. TRICHINAE CERTIFICATION PROGRAM. 

20 (a) ALTERNATIVE CERTIFICATION PROCESS.—The 

21 Secretary of Agriculture shall amend the rule made under 

22 paragraph (2) of section 11010(a) of the Food, Conserva23 tion, and Energy Act of 2008 (7 U.S.C. 8304(a)) to imple24 ment the voluntary trichinae certification program estab25 lished under paragraph (1) of such section, to include a 


rfrederick on DSK6VPTVN1PROD with BILLS
1180 

•HR 1947 RH

1 requirement to establish an alternative trichinae certifi2 cation process based on surveillance or other methods con3 sistent with international standards for categorizing com4 partments as having negligible risk for trichinae. 

5 (b) FINAL REGULATIONS.—Not later than one year 

6 after the date on which the international standards re7 ferred to in subsection (a) are adopted, the Secretary shall 

8 finalize the rule amended under such subsection. 

9 (c) REAUTHORIZATION.—Section 10405(d)(1) of the 

10 Animal Health Protection Act (7 U.S.C. 8304(d)(1)) is 

11 amended in subparagraphs (A) and (B) by striking 

12 ‘‘2012’’ each place it appears and inserting ‘‘2018’’. 

13 SEC. 12103. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 

14 Section 11013(d) of the Food, Conservation, and En15 ergy Act of 2008 (7 U.S.C. 8322(d)) is amended by strik16 ing ‘‘2012’’ and inserting ‘‘2018’’. 

17 SEC. 12104. COUNTRY OF ORIGIN LABELING. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of Agri20 culture, acting through the Office of the Chief Economist, 

21 shall conduct an economic analysis of the proposed rule 

22 entitled ‘‘Mandatory Country of Origin Labeling of Beef, 

23 Pork, Lamb, Chicken, Goat Meat, Wild and Farm-raised 

24 Fish and Shellfish, Perishable Agricultural Commodities, 

25 Peanuts, Pecans, Ginseng and Macadamia Nuts’’ pubVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01180 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1181 

•HR 1947 RH

1 lished by the Department of Agriculture on March 12, 

2 2013 (76 Fed. Reg. 15645). 

3 (b) CONTENTS.—The economic analysis described in 

4 subsection (a) shall include, with respect to the labeling 

5 of beef, pork, and chicken, an analysis of the impact on 

6 consumers, producers, and packers in the United States 

7 of— 

8 (1) the implentation of subtitle D of the Agri9 cultural Marketing Act of 1946 (7 U.S.C. 1638 et 

10 seq.); and 

11 (2) the proposed rule referred to in subsection 

12 (a). 

13 SEC. 12105. NATIONAL ANIMAL HEALTH LABORATORY NET14 WORK. 

15 Subtitle E of title X of the Farm Security and Rural 

16 Investment Act of 2002 (7 U.S.C. 8301 et seq.) is amend17 ed by inserting after section 10409 the following new sec18 tion: 

19 ‘‘SEC. 10409A. NATIONAL ANIMAL HEALTH LABORATORY 

20 NETWORK. 

21 ‘‘(a) IN GENERAL.—The Secretary shall enter into 

22 contracts, grants, cooperative agreements, or other legal 

23 instruments with eligible laboratories for any of the fol24 lowing purposes: 


rfrederick on DSK6VPTVN1PROD with BILLS
1182 

•HR 1947 RH

1 ‘‘(1) To enhance the capability of the Secretary 

2 to detect, and respond in a timely manner to, emerg3 ing or existing threats to animal health and to sup4 port the protection of public health, the environ5 ment, and the agricultural economy of the United 

6 States. 

7 ‘‘(2) To provide the capacity and capability for 

8 standardized— 

9 ‘‘(A) test procedures, reference materials, 

10 and equipment; 

11 ‘‘(B) laboratory biosafety and biosecurity 

12 levels; 

13 ‘‘(C) quality management system require14 ments; 

15 ‘‘(D) interconnected electronic reporting 

16 and transmission of data; and 

17 ‘‘(E) evaluation for emergency prepared18 ness. 

19 ‘‘(3) To coordinate the development, implemen20 tation, and enhancement of national veterinary diag21 nostic laboratory capabilities, with special emphasis 

22 on surveillance planning and vulnerability analysis, 

23 technology development and validation, training, and 

24 outreach. 


rfrederick on DSK6VPTVN1PROD with BILLS
1183 

•HR 1947 RH

1 ‘‘(b) ELIGIBILITY.—An eligible laboratory under this 

2 section is a diagnostic laboratory meeting specific criteria 

3 developed by the Secretary, in consultation with State ani4 mal health officials and State and university veterinary di5 agnostic laboratories. 

6 ‘‘(c) PRIORITY.—To the extent practicable and to the 

7 extent capacity and specialized expertise may be nec8 essary, the Secretary shall give priority to existing Fed9 eral, State, and university facilities. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 $15,000,000 for each of fiscal years 2014 through 2018.’’. 

13 Subtitle B—Socially Disadvantaged 

14 Producers and Limited Re15 source Producers 

16 SEC. 12201. OUTREACH AND ASSISTANCE FOR SOCIALLY 

17 DISADVANTAGED FARMERS AND RANCHERS 

18 AND VETERAN FARMERS AND RANCHERS. 

19 (a) OUTREACH AND ASSISTANCE FOR SOCIALLY DIS20 ADVANTAGED FARMERS AND RANCHERS AND VETERAN

21 FARMERS AND RANCHERS.—Section 2501 of the Food, 

22 Agriculture, Conservation, and Trade Act of 1990 (7 

23 U.S.C. 2279) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
1184 

•HR 1947 RH

1 (1) in the section heading, by inserting ‘‘AND

2 VETERAN FARMERS AND RANCHERS’’ after 

3 ‘‘RANCHERS’’; 

4 (2) in subsection (a)— 

5 (A) in paragraph (1), by inserting ‘‘and 

6 veteran farmers or ranchers’’ after ‘‘ranchers’’; 

7 (B) in paragraph (2)(B)(i), by inserting 

8 ‘‘and veteran farmers or ranchers’’ after 

9 ‘‘ranchers’’; and 

10 (C) in paragraph (4)— 

11 (i) in subparagraph (A)— 

12 (I) in the heading of such sub13 paragraph, by striking ‘‘2012’’ and 

14 insering ‘‘2018’’; 

15 (II) in clause (i), by striking 

16 ‘‘and’’ at the end; 

17 (III) in clause (ii), by striking 

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (IV) by adding at the end the fol21 lowing new clause: 

22 ‘‘(iii) $10,000,000 for each of fiscal 

23 years 2014 through 2018.’’; and 

24 (ii) by adding at the end the following 

25 new subparagraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
1185 

•HR 1947 RH

1 ‘‘(E) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to carry out this section $20,000,000 

4 for each of fiscal years 2014 through 2018.’’; 

5 (3) in subsection (b)(2), by inserting ‘‘or vet6 eran farmers and ranchers’’ after ‘‘socially disadvan7 taged farmers and ranchers’’; 

8 (4) in subsection (c)— 

9 (A) in paragraph (1)(A), by inserting ‘‘vet10 eran farmers or ranchers and’’ before ‘‘mem11 bers’’; and 

12 (B) in paragraph (2)(A), by inserting ‘‘vet13 eran farmers or ranchers and’’ before ‘‘mem14 bers’’; and 

15 (5) in subsection (e)(5)(A)— 

16 (A) in clause (i), by inserting ‘‘and veteran 

17 farmers or ranchers’’ after ‘‘ranchers’’; and 

18 (B) in clause (ii), by inserting ‘‘and vet19 eran farmers or ranchers’’ after ‘‘ranchers’’. 

20 (b) DEFINITION OF VETERAN FARMER OR RANCH21 ER.—Section 2501(e) of the Food, Agriculture, Conserva22 tion, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amend23 ed by adding at the end the following new paragraph: 

24 ‘‘(7) VETERAN FARMER OR RANCHER.—The 

25 term ‘veteran farmer or rancher’ means a farmer or 


rfrederick on DSK6VPTVN1PROD with BILLS
1186 

•HR 1947 RH

1 rancher who served in the active military, naval, or 

2 air service, and who was discharged or released from 

3 the service under conditions other than dishonor4 able.’’. 

5 SEC. 12202. OFFICE OF ADVOCACY AND OUTREACH. 

6 Paragraph (3) of section 226B(f) of the Department 

7 of Agriculture Reorganization Act of 1994 (7 U.S.C. 

8 6934(f)) is amended to read as follows: 

9 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to carry out 

11 this subsection— 

12 ‘‘(A) such sums as are necessary for each 

13 of fiscal years 2009 through 2013; and 

14 ‘‘(B) $2,000,000 for each of fiscal years 

15 2014 through 2018.’’. 

16 Subtitle C—Other Miscellaneous 

17 Provisions 

18 SEC. 12301. GRANTS TO IMPROVE SUPPLY, STABILITY, 

19 SAFETY, AND TRAINING OF AGRICULTURAL 

20 LABOR FORCE. 

21 Subsection (d) of section 14204 of the Food, Con22 servation, and Energy Act of 2008 (7 U.S.C. 2008q–1) 

23 is amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
1187 

•HR 1947 RH

1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 ‘‘(1) such sums as are necessary for each of fis5 cal years 2008 through 2013; and 

6 ‘‘(2) $10,000,000 for each of fiscal years 2014 

7 through 2018.’’. 

8 SEC. 12302. PROGRAM BENEFIT ELIGIBILITY STATUS FOR 

9 PARTICIPANTS IN HIGH PLAINS WATER 

10 STUDY. 

11 Section 2901 of the Food, Conservation, and Energy 

12 Act of 2008 (Public Law 110–246; 122 Stat. 1818) is 

13 amended by striking ‘‘this Act or an amendment made by 

14 this Act’’ and inserting ‘‘this Act, an amendment made 

15 by this Act, the Federal Agriculture Reform and Risk 

16 Management Act of 2013, or an amendment made by the 

17 Federal Agriculture Reform and Risk Management Act of 

18 2013’’. 

19 SEC. 12303. OFFICE OF TRIBAL RELATIONS. 

20 (a) IN GENERAL.—Title III of the Federal Crop In21 surance Reform and Department of Agriculture Reorga22 nization Act of 1994 is amended by adding after section 

23 308 (7 U.S.C. 3125a note; Public Law 103–354) the fol24 lowing new section: 


rfrederick on DSK6VPTVN1PROD with BILLS
1188 

•HR 1947 RH

1 ‘‘SEC. 309. OFFICE OF TRIBAL RELATIONS. 

2 ‘‘The Secretary shall establish in the Office of the 

3 Secretary an Office of Tribal Relations to advise the Sec4 retary on policies related to Indian tribes.’’. 

5 (b) CONFORMING AMENDMENT.—Section 296(b) of 

6 the Department of Agriculture Reorganization Act of 

7 1994 (7 U.S.C. 7014(b)) is amended by inserting after 

8 paragraph (8), as added by section 3207, the following 

9 new paragraph: 

10 ‘‘(9) the authority of the Secretary to establish 

11 in the Office of the Secretary the Office of Tribal 

12 Relations in accordance with section 309; and’’. 

13 SEC. 12304. MILITARY VETERANS AGRICULTURAL LIAISON. 

14 (a) IN GENERAL.—Subtitle A of the Department of 

15 Agriculture Reorganization Act of 1994 is amended by in16 serting after section 218 (7 U.S.C. 6918) the following 

17 new section: 

18 ‘‘SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON. 

19 ‘‘(a) AUTHORIZATION.—The Secretary shall establish 

20 in the Department the position of Military Veterans Agri21 cultural Liaison. 

22 ‘‘(b) DUTIES.—The Military Veterans Agricultural 

23 Liaison shall— 

24 ‘‘(1) provide information to returning veterans 

25 about, and connect returning veterans with, begin26 ning farmer training and agricultural vocational and 


rfrederick on DSK6VPTVN1PROD with BILLS
1189 

•HR 1947 RH

1 rehabilitation programs appropriate to the needs and 

2 interests of returning veterans, including assisting 

3 veterans in using Federal veterans educational bene4 fits for purposes relating to beginning a farming or 

5 ranching career; 

6 ‘‘(2) provide information to veterans concerning 

7 the availability of and eligibility requirements for 

8 participation in agricultural programs, with par9 ticular emphasis on beginning farmer and rancher 

10 programs; 

11 ‘‘(3) serve as a resource for assisting veteran 

12 farmers and ranchers, and potential farmers and 

13 ranchers, in applying for participation in agricul14 tural programs; and 

15 ‘‘(4) advocate on behalf of veterans in inter16 actions with employees of the Department.’’. 

17 (b) CONFORMING AMENDMENT.—Section 296(b) of 

18 the Department of Agriculture Reorganization Act of 

19 1994 (7 U.S.C. 7014(b)) is amended by inserting after 

20 paragraph (9), as added by section 12303, the following 

21 new paragraph: 

22 ‘‘(10) the authority of the Secretary to establish 

23 in the Department the position of Military Veterans 

24 Agricultural Liaison in accordance with section 

25 219.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
1190 

•HR 1947 RH

1 SEC. 12305. PROHIBITION ON KEEPING GSA LEASED CARS 

2 OVERNIGHT. 

3 A Federal employee of a State office of the Farm 

4 Service Agency in the field and non-Federal employees of 

5 county and area committees established under section 

6 8(b)(5) of the Soil Conservation and Domestic Allotment 

7 Act (16 U.S.C. 590h(b)(5)) shall keep leased interagency 

8 motor pool vehicles at a location listed on the General 

9 Services Administration inventory of owned and leased 

10 properties or a location owned or leased by the Depart11 ment of Agriculture overnight unless the employee as12 signed the vehicle is on overnight, approved travel status 

13 involving per diem. 

14 SEC. 12306. NONINSURED CROP ASSISTANCE PROGRAM. 

15 Section 196 of the Federal Agriculture Improvement 

16 and Reform Act of 1996 (7 U.S.C. 7333), as amended 

17 by section 11013(b), is further amended— 

18 (1) in subsection (a)— 

19 (A) by striking paragraph (1) and insert20 ing the following new paragraph: 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) COVERAGES.—In the case of an eligi23 ble crop described in paragraph (2), the Sec24 retary of Agriculture shall operate a noninsured 

25 crop disaster assistance program to provide covVerDate Mar 15 2010 01:06 Jun 11, 2013 Jkt 029200 PO 00000 Frm 01190 Fmt 6652 Sfmt 6201 E:\BILLS\H1947.RH H1947

rfrederick on DSK6VPTVN1PROD with BILLS
1191 

•HR 1947 RH

1 erages based on individual yields (other than 

2 for value-loss crops) equivalent to— 

3 ‘‘(i) catastrophic risk protection avail4 able under section 508(b) of the Federal 

5 Crop Insurance Act (7 U.S.C. 1508(b)); or 

6 ‘‘(ii) additional coverage available 

7 under subsections (c) and (h) of section 

8 508 of that Act (7 U.S.C. 1508) that does 

9 not exceed 65 percent. 

10 ‘‘(B) ADMINISTRATION.—The Secretary 

11 shall carry out this section through the Farm 

12 Service Agency (referred to in this section as 

13 the ‘Agency’).’’; and 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A)— 

16 (I) in clause (i), by striking 

17 ‘‘and’’ after the semicolon at the end; 

18 (II) by redesignating clause (ii) 

19 as clause (iii); and 

20 (III) by inserting after clause (i) 

21 the following new clause: 

22 ‘‘(ii) for which additional cov23 erage under subsections (c) and (h) of 

24 section 508 of that Act (7 U.S.C. 

25 1508) is not available; and’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1192 

•HR 1947 RH

1 (ii) in subparagraph (B), by inserting 

2 ‘‘sweet sorghum, biomass sorghum,’’ before 

3 ‘‘and industrial crops’’; 

4 (2) in subsection (d), by striking ‘‘The Sec5 retary’’ and inserting ‘‘Subject to subsection (l), the 

6 Secretary’’; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL COV10 ERAGE.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall make 

12 available to a producer eligible for noninsured assist13 ance under this section a payment equivalent to an 

14 indemnity for additional coverage under subsections 

15 (c) and (h) of section 508 of the Federal Crop In16 surance Act (7 U.S.C. 1508) that does not exceed 

17 65 percent of the established yield for the eligible 

18 crop on the farm, computed by multiplying— 

19 ‘‘(A) the quantity that is not greater than 

20 65 percent of the established yield for the crop, 

21 as determined by the Secretary, specified in in22 crements of 5 percent; 

23 ‘‘(B) 100 percent of the average market 

24 price for the crop, as determined by the Sec25 retary; and 


rfrederick on DSK6VPTVN1PROD with BILLS
1193 

•HR 1947 RH

1 ‘‘(C) a payment rate for the type of crop, 

2 as determined by the Secretary, that reflects— 

3 ‘‘(i) in the case of a crop that is pro4 duced with a significant and variable har5 vesting expense, the decreasing cost in6 curred in the production cycle for the crop 

7 that is, as applicable— 

8 ‘‘(I) harvested; 

9 ‘‘(II) planted but not harvested; 

10 or 

11 ‘‘(III) prevented from being 

12 planted because of drought, flood, or 

13 other natural disaster, as determined 

14 by the Secretary; or 

15 ‘‘(ii) in the case of a crop that is pro16 duced without a significant and variable 

17 harvesting expense, such rate as shall be 

18 determined by the Secretary. 

19 ‘‘(2) PREMIUM.—To be eligible to receive a pay20 ment under this subsection, a producer shall pay— 

21 ‘‘(A) the service fee required by subsection 

22 (k); and 

23 ‘‘(B) a premium for the applicable crop 

24 year that is equal to the product obtained by 

25 multiplying— 


rfrederick on DSK6VPTVN1PROD with BILLS
1194 

•HR 1947 RH

1 ‘‘(i) the number of acres devoted to 

2 the eligible crop; 

3 ‘‘(ii) the established yield for the eligi4 ble crop, as determined by the Secretary 

5 under subsection (e); 

6 ‘‘(iii) the coverage level elected by the 

7 producer; 

8 ‘‘(iv) the average market price, as de9 termined by the Secretary; and 

10 ‘‘(v) .0525. 

11 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO12 CIALLY DISADVANTAGED FARMERS.—The additional 

13 coverage made available under this subsection shall 

14 be available to limited resource, beginning, and so15 cially disadvantaged producers, as determined by the 

16 Secretary, in exchange for a premium that is 50 per17 cent of the premium determined for a producer 

18 under paragraph (2). 

19 ‘‘(4) PREMIUM PAYMENT AND APPLICATION

20 DEADLINE.— 

21 ‘‘(A) PREMIUM PAYMENT.—A producer 

22 electing additional coverage under this sub23 section shall pay the premium amount owed for 

24 the additional coverage by September 30 of the 


rfrederick on DSK6VPTVN1PROD with BILLS
1195 

•HR 1947 RH

1 crop year for which the additional coverage is 

2 purchased. 

3 ‘‘(B) APPLICATION DEADLINE.—The latest 

4 date on which additional coverage under this 

5 subsection may be elected shall be the applica6 tion closing date described in subsection (b)(1). 

7 ‘‘(5) EFFECTIVE DATE.—Additional coverage 

8 under this subsection shall be available beginning 

9 with the 2015 crop.’’. 

10 SEC. 12307. ENSURING HIGH STANDARDS FOR AGENCY USE 

11 OF SCIENTIFIC INFORMATION. 

12 (a) REQUIREMENT FOR FINAL GUIDELINES.—Not 

13 later than January 1, 2014, each Federal agency shall 

14 have in effect guidelines for ensuring and maximizing the 

15 quality, objectivity, utility, and integrity of scientific infor16 mation relied upon by such agency. 

17 (b) CONTENT OF GUIDELINES.—The guidelines de18 scribed in subsection (a), with respect to a Federal agency, 

19 shall ensure that— 

20 (1) when scientific information is considered by 

21 the agency in policy decisions— 

22 (A) the information is subject to well-es23 tablished scientific processes, including peer re24 view where appropriate; 


rfrederick on DSK6VPTVN1PROD with BILLS
1196 

•HR 1947 RH

1 (B) the agency appropriately applies the 

2 scientific information to the policy decision; 

3 (C) except for information that is pro4 tected from disclosure by law or administrative 

5 practice, the agency makes available to the pub6 lic the scientific information considered by the 

7 agency; 

8 (D) the agency gives greatest weight to in9 formation that is based on experimental, empir10 ical, quantifiable, and reproducible data that is 

11 developed in accordance with well-established 

12 scientific processes; and 

13 (E) with respect to any proposed rule 

14 issued by the agency, such agency follows proce15 dures that include, to the extent feasible and 

16 permitted by law, an opportunity for public 

17 comment on all relevant scientific findings; 

18 (2) the agency has procedures in place to make 

19 policy decisions only on the basis of the best reason20 ably obtainable scientific, technical, economic, and 

21 other evidence and information concerning the need 

22 for, consequences of, and alternatives to the deci23 sion; and 

24 (3) the agency has in place procedures to iden25 tify and address instances in which the integrity of 


rfrederick on DSK6VPTVN1PROD with BILLS
1197 

•HR 1947 RH

1 scientific information considered by the agency may 

2 have been compromised, including instances in which 

3 such information may have been the product of a 

4 scientific process that was compromised. 

5 (c) APPROVAL NEEDED FOR POLICY DECISIONS TO

6 TAKE EFFECT.—No policy decision issued after January 

7 1, 2014, by an agency subject to this section may take 

8 effect prior to such date that the agency has in effect 

9 guidelines under subsection (a) that have been approved 

10 by the Director of the Office of Science and Technology 

11 Policy. 

12 (d) POLICY DECISIONS NOT IN COMPLIANCE.— 

13 (1) IN GENERAL.—Subject to paragraph (2), a 

14 policy decision of an agency that does not comply 

15 with guidelines approved under subsection (c) shall 

16 be deemed to be arbitrary, capricious, an abuse of 

17 discretion, and otherwise not in accordance with law. 

18 (2) EXCEPTION.—This subsection shall not 

19 apply to policy decisions that are deemed to be nec20 essary because of an imminent threat to health or 

21 safety or because of another emergency. 

22 (e) DEFINITIONS.—For purposes of this section: 

23 (1) AGENCY.—The term ‘‘agency’’ has the 

24 meaning given such term in section 551(1) of title 

25 5, United States Code. 


rfrederick on DSK6VPTVN1PROD with BILLS
1198 

•HR 1947 RH

1 (2) POLICY DECISION.—The term ‘‘policy deci2 sion’’ means, with respect to an agency, an agency 

3 action as defined in section 551(13) of title 5, 

4 United States Code, (other than an adjudication, as 

5 defined in section 551(7) of such title), and in6 cludes— 

7 (A) the listing, labeling, or other identifica8 tion of a substance, product, or activity as haz9 ardous or creating risk to human health, safety, 

10 or the environment; and 

11 (B) agency guidance. 

12 (3) AGENCY GUIDANCE.—The term ‘‘agency 

13 guidance’’ means an agency statement of general ap14 plicability and future effect, other than a regulatory 

15 action, that sets forth a policy on a statutory, regu16 latory, or technical issue or on an interpretation of 

17 a statutory or regulatory issue. 


rfrederick on DSK6VPTVN1PROD with BILLS

rfrederick on DSK6VPTVN1PROD with BILLS
Union Calendar No. 73 

113TH CONGRESS 

1ST SESSION H. R. 1947 

[Report No. 113–92, Parts I and II] 

A BILL 

To provide for the reform and continuation of agriother purposes. of Agriculture through fiscal year 2018, and for cultural and other programs of the Department 

JUNE 10, 2013 

The Committee on Foreign Affairs discharged 

JUNE 10, 2013 

Reported from the Committee on the Judiciary with 

to be printed Whole House on the State of the Union, and ordered amendments, committed to the Committee of the 


rfrederick on DSK6VPTVN1PROD with BILLS